What Does Suspend Mean?

By Loretta Macktal, Executive Assistant to the Vice President, Government Relations

Capitol Update, Dec. 12, 2003 Share this on FacebookTweet thisEmail this to a friend

On his first day in office, Governor Arnold Schwarzenegger set the tone for his administration when he issued an executive order suspending all proposed state regulations for up to 180 days pending review of their effect on the State's businesses. In addition, each agency must conduct a review within 90 days of all regulations adopted, amended or repealed in the last 5 years to determine if they are necessary, clear, and consistent and are not unnecessarily burdensome or cause undue harm to California's economy.

First to be reviewed are regulations approved by agencies but still pending final sign-off by the Office of Administrative Law (OAL). OAL reports 85 such filings. Second are regulations that have been proposed but not yet approved by individual boards and departments. Finally, agencies are required to review all regulations approved over the past 5 years.

The Director of the Department of Finance, Donna Arduin, is charged with the responsibility of granting exceptions for emergency situations. Exceptions will only be granted for actions that respond to urgent situations relating to public health and safety or promulgated pursuant to statutory or judicial deadlines.

Agencies and boards are delaying approval of regulations scheduled to come before them for approval. However, workshops are still moving forward as they are not considered an official legal step in the processing of a regulation.

At Cal/EPA, all departments and boards are surveying their regulations to determine which regulations are impacted and examining them in light of the exception criteria. It is rumored that Cal/EPA will be seeking exemption for most of their proposed and approved regulations, on the basis that the agency's primary function is to protect the health and safety of the public. They are also expected to make the argument that regulations imposing new fees or increases to existing fees are crucial to their budget, operations and performance.

In response to the executive order, all CMTA policy committees have been asked to submit comments on important regulations that have been promulgated without a business impact analysis or without following correct procedures. Companies are encouraged to respond by December 19th. For more details and a suggested response format, email Loretta Macktal at lmacktal@cmta.net.
Read more Environmental Impacts articles

Capitol updates archive 989898989