SB688 - Office of Regulatory Counsel.

Amended IN Senate April 02, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 688 Introduced by Senator Niello February 21, 2025 An act to add and repeal Chapter 1.7 (commencing with Section 12100.200) of Part 2 of Division 3 of Title 2 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST SB 688, as amended, Niello. Office of Regulatory Counsel. Existing law establishes the Government Operations Agency, which consists of several departments including the Office of Administrative Law (OAL). Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the OAL. Existing law requires the OAL to provide for the publication of the California Regulatory Notice Register and to include specified information in the register, including notices of proposed action prepared by regulatory agencies, a summary of regulations filed with the Secretary of State, and a summary of regulation decisions issued, as specified. This bill, until January 1, 2035, would establish the Office of Regulatory Counsel in state government within the Governor’s office, under the direction and control of a director. The bill would require the director to be appointed by the Governor, subject to confirmation of the Senate and for the director’s term to be coterminous with that of the appointing power, except as provided. This bill would require the office to draft and assist in the preparation, consideration, amendment, and repeal of regulations for a state agency, before the state agency submits a proposed action regarding that regulation to the OAL for publication in the California Regulatory Notice Register. The bill would make related legislative findings and declarations. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Executive branch rulemaking entities would benefit from a centralized office that drafts regulations on behalf of those entities. (b) The most common reasons that regulations are disapproved by the Office of Administrative Law are clarity and consistency. Having an office of experienced drafting attorneys for regulations will help ensure that those regulations are clear, consistent, and within the scope of rulemaking authority. (c) The personnel and other related costs of establishing the Office of Regulatory Counsel within the Governor’s office pursuant to this act shall be absorbed from existing state resources so that there are no new or additional costs incurred to the state because of this act. SECTION 1. SEC. 2. Chapter 1.7 (commencing with Section 12100.200) is added to Part 2 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 1.7. Office of Regulatory Counsel 12100.200. For purposes of this chapter, the following definitions shall apply: (a) “Office” means the Office of Regulatory Counsel. (b) “Regulation” has the same meaning as that term is defined in Section 11342.600. 12100.201. (a) The Office of Regulatory Counsel is hereby established in state government within the Governor’s office. The office shall be under the direction and control of an executive officer who shall be known as the director. The director’s term of office shall be coterminous with that of the appointing power, except that the director shall be subject to reappointment. (b) The director shall be appointed by the Governor, subject to the confirmation of the Senate. 12100.202. The office shall draft and assist in the preparation, consideration, amendment, and repeal of regulations for a state agency, before the state agency submits a proposed action regarding that regulation to the Office of Administrative Law for publication in the California Regulatory Notice Register, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1. 12100.203. This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.