2011 Amendments to the APA

THE APA REQUIRES NEW PRE-NOTICE ACTIVITIES AND NEW CONTENT REQUIREMENTS FOR NOTICES OF PROPOSED RULEMAKING PUBLISHED AFTER JANUARY 1, 2012, AND FOR INITIAL STATEMENTS OF REASONS.  OAL will not publish a notice of proposed rulemaking submitted for publication in the California Regulatory Notice Register after January 1, 2012 if the notice and its accompanying initial statement of reasons do not demonstrate that the rulemaking agency has complied with all applicable new and existing pre-notice APA requirements.

SB 617, Calderon (Stats. 2011, ch. 496)

The new requirements added by SB 617, Calderon (Stats. 2011, ch. 496) concern development and consideration of reasonable alternatives to the regulation that is proposed for adoption along with an explanation of the reasons for rejecting the alternatives not selected, the preparation of an Economic Impact Assessment of the proposed action, an explanation of the benefits anticipated from each proposed regulation, an evaluation of consistency and compatibility of each proposed regulation with existing regulations, a statement of the problem each regulation intends to address, and the rationale for the determination that each regulation is reasonably necessary to address the problem the regulation is intended to address.

Government Code section 11346.6

Section 11346.6 has been added to the Government Code.    The new requirements concern the provision of rulemaking materials that can be read by reading software used by the visually impaired in rulemaking actions: (1) on regulations proposed by the Department of Rehabilitation, (2) on disability access regulations that must be submitted to the California Building Standards Commission, (3) on special education regulations proposed by the State Department of Education, and (4) on Medi-Cal regulations proposed by the State Department of Health Care Services.  (Stats. 2011, c. 495; AB 410.)

Revised Notice Checklist; Changes Indicated in the APA

You may obtain additional details about the new requirements from the OAL Notice/Initial Statement of Reasons Review Checklist (Rev. 2/28/2012) and from SB 617, Calderon (Stats. 2011, ch. 496).  (Additions indicated in blue italics; deletions in red strikeout.)

If you have any questions, please contact the OAL Reference Attorney at (916) 323-6815 or staff@oal.ca.gov.