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Panel advances bill to centralize drafting of state regulations into an Office of Regulatory Counsel
Summary
Senators advanced SB 688 to create an Office of Regulatory Counsel to centralize and professionalize drafting of executive-branch regulations, with supporters saying it would reduce rejections by the Office of Administrative Law and help small businesses comply.
Senator Nieler presented SB 688, which would establish an Office of Regulatory Counsel to draft proposed regulations for state agencies, similar to how the Office of Legislative Counsel drafts legislation for the Legislature. The author said agencies now draft regulations individually and that many proposed regulations are rejected by the Office of Administrative Law (OAL) for lack of clarity; a centralized office of trained drafters, he said, would improve clarity and consistency.
Supporters included the Los Angeles Area Chamber of Commerce and the California Association of Sheet Metal and Air Conditioning Contractors, who argued clearer drafting would lower compliance costs for small businesses and reduce disapprovals by OAL. Chris McCauley of the Los Angeles Area Chamber pointed to a recent OAL disapproval of low-carbon fuel standard regulations that flagged numerous unclear sections and argued that centralized drafting could avoid similar problems.
Witnesses said the change could be implemented using existing legal staff and would not necessarily increase net state costs. Small-business representatives said unclear regulations disproportionately burden smaller firms that lack in-house compliance resources.
The committee moved the bill as amended to Appropriations; the motion was recorded and the item was placed on call and later reported out of committee. There was no recorded opposition during the hearing.
