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AB-819 California State University: regulations.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB819:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 819


Introduced by Assembly Member Medina

February 15, 2017


An act to amend Section 89030.1 of the Education Code, relating to the California State University.


LEGISLATIVE COUNSEL'S DIGEST


AB 819, as amended, Medina. California State University: regulations.
Existing law establishes the California State University under the administration of the Trustees of the California State University. Existing law, to be repealed as of January 1, 2018, sets forth a procedure for the adoption, amendment, or repeal of regulations by the trustees, and requires the trustees to follow that procedure rather than the procedure set forth in the Administrative Procedure Act. This provision includes requirements that notice of the proposed regulations be sent, at least 45 days before a public hearing at which the proposed regulations are to be considered, to those persons who have requested notices of the meetings. Existing law also requires that notice of the proposed regulations be available to the public in electronic format.
This bill would specify that, at least 45 days before the public hearing, and before adoption of a proposed regulation, written notice of the proposed regulation shall be made available on the Internet Web site of the trustees. The bill would also delete the repeal date, date of this provision, and therefore extend the operation of this provision indefinitely.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 89030.1 of the Education Code is amended to read:

89030.1.
 (a) (1) The trustees shall adopt, amend, or repeal regulations pursuant to this section instead of pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by the university to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one that relates only to the internal management of the university. “Regulation” does not mean or include any form prescribed by the university or any instructions relating to the use of the form, nor does it mean or include a building standard as defined in Section 18909 of the Health and Safety Code.
(2) The trustees’ office of general counsel shall review the proposed regulations for matters such as necessity, authority, clarity, consistency, reference, and nonduplication, and recommend any proposed action to the trustees. For purposes of this section, “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication” shall have the same meaning as defined by Section 11349 of the Government Code.
(b) Notice of the proposed regulations shall be sent at least 45 days before the public hearing At least 45 days before the public hearing, and before adoption of a proposed regulation, written notice of the proposed regulation shall be made available on the Internet Web site of the trustees. Written notice shall also be sent to those persons who have requested notices of the meetings of the trustees, and shall be available to the public in electronic format. trustees. The notice shall include the right of the public to comment orally or in writing on the proposed action either before or during the public hearing.
(c) At the hearing, the public shall be provided the opportunity to comment on the proposed action.
(d) The trustees shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken by the trustees.
(1) The rulemaking file shall contain a summary of each objection or recommendation made, with an explanation of how the proposed action was changed to accommodate each objection or recommendation, or the reason or reasons for making no change.
(2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies.
(e) The trustees shall transmit the regulations as finally adopted to the Secretary of State for filing. Each regulation shall be effective upon filing with the Secretary of State, and shall be published in the California Code of Regulations.
(f) On or before January 15 of each year, the trustees shall report to the Governor, the Senate Education Committee, and the Assembly Higher Education Committee as to all regulatory actions taken by the trustees during the previous calendar year. The report shall include the statement of reasons for each regulatory action taken, indicate whether any concerns were raised regarding the proposed action, and the steps taken by the trustees to alleviate those concerns.