Summary
SB-986 will ensure that major regulations in California cannot take effect unless the Legislature explicitly votes to approve them.
Background
In California, a “regulation” is defined as any rule, regulation, order or standard of general application or any amendment of the like that is adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it. The regular rulemaking process is prompted by the identification of an issue related to the administration or enforcement of a law that must be addressed by the Department through the adoption, amendment, or repeal of one or more regulations. Issues are generally identified based on various reasons, including, the passing of new legislation, a court decision, a change in the interpretation of existing law which has a general impact on tax and fee payers, or the need to provide clarification.
Unfortunately, the contemporary legal landscape has created such a web of complexity and ambiguity, that it has essentially empowered agencies to make sweeping statewide policy decisions at the discretion of appointed bureaucrats without the express consultation or approval of elected representatives. This means that major policy decisions are being made without voter representation, which goes against the very founding principles of our nation and state.
For example, in 2022 the California Air Resources Board (CARB) decided without legislative approval that it would meet their directive to reduce greenhouse gas emissions by creating a rule that would ban the sale of new gas-powered vehicles by 2035, a decision ultimately reversed by an act of Congress. Similar sweeping regulations justified under a broad legislative mandate have been applied to consumer and store packaging, energy and solar programs, and many labor arrangements. Rulemaking is intended to be an authority delegated by the Legislature. However, legislators often distance themselves from any responsibility, power or jurisdiction over unpopular policies coming out of this process, leaving voters with little recourse or accountability.
Proposal
SB-986 will strengthen voter representation and accountability over broad economically impactful bureaucratic policy decisions by requiring the Legislature to explicitly vote on and approve all major regulations.