Existing law, the Administrative Procedure Act, sets forth the procedures and requirements a state agency is required to follow when adopting, amending, or repealing an administrative regulation. The act requires an agency to assess whether and to what extent the proposal will affect the creation or elimination of jobs within the state, the creation of new businesses or elimination of existing businesses within the state, and the expansion of businesses currently doing business within the state.

This bill, notwithstanding any other provision of the act, would prohibit a state agency from adopting a regulation that either would require any person or entity to use a specific technology unless that technology has been operational and proven effective for more than 2 years or would place an undue burden on California business on an annual basis and result in significant loss of jobs.