Frequently Asked Questions about Agency Rulemaking Notification

Frequently Asked Questions about Agency Rulemaking Notification By Chris Micheli

            Are executive branch state agencies required to notify state legislators about certain rulemaking projects? Yes. California’s Government Code contains the Administrative Procedure Act (APA) and imposes many duties and responsibilities on state agencies.

Does a legislator have to be notified about a rulemaking related to their legislation? Yes, Government Code Section 11017.5 provides that, when a statute is enacted establishing a new program or requiring interpretation pursuant to the APA, the state agency responsible for the program or regulatory action is required, six months after the operative date or the effective date of the statute, whichever is later, to issue a clear and concise summary of actions taken to implement the statute to the author of the statute.

Does the state agency have to make any other notifications? Yes, in addition to the bill’s author, the state agency must issue the same summary to the policy committees in each house of the Legislature that considered the statute and, if the statute was considered by the fiscal committee of either house of the Legislature, to the Joint Legislative Budget Committee and to the fiscal committee of each house of the Legislature that considered the statute.

What other notification is required by the state agency? Government Code Section 11017.5 requires the state agency responsible for the program or regulatory action to send copies of all regulations proposed to implement the statute, and notice of any hearings held on those regulations before those hearings are held, to the author of the statute, so long as the author is a current Member of the Legislature.

Are these notifications reflected in the annual rulemaking calendar for a state agency? Yes, Government Code Section 11017.6 requires every state agency responsible for implementing a statute which requires interpretation pursuant to the APA to prepare by January 30 of each year, a rulemaking calendar for that year. In addition, state agencies are required to send the calendar to the author of each statute enacted during the previous year for which the agency has responsibility, together with an explanation of the priority the agency has given the statute in the rulemaking calendar.

When were these notification requirements imposed on state agencies? These provisions have been in California statute since 1981.

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more