§ 11346.36. — 11346.36. (Added by Stats. 2011, Ch. 496, Sec. 5.)

California § 11346.36.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 1.: PART 1. STATE DEPARTMENTS AND AGENCIES
• Ch. 3.5.: CHAPTER 3.5. Administrative Regulations and Rulemaking
• Art. 5.: ARTICLE 5. Public Participation: Procedure for Adoption of Regulations

Text

(a)
Prior to November 1, 2013, the Department of Finance, in consultation with the office and other state agencies, shall adopt regulations for conducting the standardized regulatory impact analyses required by subdivision (c) of Section 11346.3.
(b)
The regulations, at a minimum, shall assist the agencies in specifying the methodologies for:
(1)
Assessing and determining the benefits and costs of the proposed regulation, expressed in
monetary terms to the extent feasible and appropriate. Assessing the value of nonmonetary benefits such as the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, the increase in the openness and transparency of business and government and other nonmonetary benefits consistent with the statutory policy or other provisions of law.
(2)
Comparing proposed regulatory alternatives with an established baseline so agencies can make analytical decisions for the adoption, amendment, or repeal of regulations necessary to determine that the proposed action is the most effective, or equally effective and less burdensome, alternative in carrying out the purpose for which the action is proposed, or the most cost-effective alternative to the economy and
to affected private persons that would be equally effective in implementing the statutory policy or other provision of law.
(3)
Determining the impact of a regulatory proposal on the state economy, businesses, and the public welfare, as described in subdivision (c) of Section 11346.3.
(4)
Assessing the effects of a regulatory proposal on the General Fund and special funds of the state and affected local government agencies attributable to the proposed regulation.
(5)
Determining the cost of enforcement and compliance to the agency and to affected business enterprises and individuals.
(6)
Making the estimation described in Section 11342.548.
(c)
To the extent required by this chapter, the
department shall convene a public hearing or hearings and take public comment on any draft regulation. Representatives from state agencies and the public at large shall be afforded the opportunity to review and comment on the draft regulation before the regulation is adopted in final form.
(d)
State agencies shall provide the Director of Finance and the office ready access to their records and full information and reasonable assistance in any matter requested for purposes of developing the regulations required by this section. This subdivision shall not be construed to authorize an agency to provide access to records required by statute to be kept confidential.
(e)
The standardized regulatory impact analysis prepared by the proposing agency shall be included in the initial statement of reasons for the regulation as provided in subdivision (b) of Section 11346.2.
(f)
On or before November 1, 2013, the department shall submit the adopted regulations to the Senate and Assembly Committees on Governmental Organization and shall publish the adopted regulations in the State Administrative Manual.

Legislative History

Added by Stats. 2011, Ch. 496, Sec. 5. (SB 617) Effective January 1, 2012.