Chris Micheli

Pilot Program Bills Should Contain Certain Provisions  By Chris Micheli             Like bills creating or expanding tax expenditure programs (TEPs), I believe all pilot program bills should contain certain provisions. In my mind, pilot program bills should contain evaluation criteria and a sunset date. They should also contain findings and declarations and intent statements by the Legislature.             California, like most other states, occasionally establishes a “pilot program,” which is basically a temporary program established by statute. The idea behind pilot program legislation is to give a public policy proposal a try. As part of this effort, there is usually a collection of data and a determination whether the temporarily adopted program is meeting perceived expectations.             In some instances, a pilot program includes a formal study, perhaps even with an independent third-party conducting the data collection, evaluation, and reporting. There may even be overs

Frequently Asked Questions about the Rulemaking Process in California  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding the rulemaking process in California.             Which executive branch entity oversees the California rulemaking process to ensure state agencies and departments follow the Administrative Procedure Act (APA)? The Office of Administrative Law (OLA), which is housed in the Government Operations Agency.             Does a regulation have to be called a “regulation” in order for the APA to apply? No state agency is allowed to issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation, unless it has been adopted as a regulation.             Can OAL make a determination whether an agency guideline, criterion, bulletin, manual, instruct

Frequently Asked Questions about California’s Lobbying Laws  By Chris Micheli             For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding California’s lobbying laws.             Does the Political Reform Act (PRA) include procurement lobbying in the definition of “administrative action”? No. As a result, purely procurement work does not require registration under the PRA.             What does “administrative action” mean? In general, it refers the proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding.             What does “ratemaking proceeding” mean? For proceedings before the PUC, it is any proceeding in which it is reasonably foreseeable that a rate will be established. What does “quasi-legislative proceeding” mean? For proceedings before

A New Proposal on Dealing with the High Volume of Bills  By Chris Micheli             Since my suggestion of reducing bill limits in the California Legislature does not appear to be taking hold ( 😊 ), I have a new proposal to stimulate some discussion about this topic and would welcome feedback. Here is my proposal: How about requiring bills to be introduced at least one month earlier in the year?             What would this proposal require? First, it would require legislators and their staff to consider and decide upon their likely legislation in November and December and then submit those proposals to the Office of Legislative Counsel a month or so earlier. While some offices do that already, many others would have to adjust.             This proposal would also mean that trade associations, labor unions, lobbyists and their clients, and other interest groups that want to have a bill introduced will have to start their processes earlier as well. They will have to develop thei