AB 2738 Summary

• Requires state agencies to include a description of any performance standards considered as alternatives when proposing regulations that mandate specific technologies, equipment, or procedures (effective January 1, 2012 through January 1, 2014)

• Modifies the initial statement of reasons requirements under the Administrative Procedure Act to separate performance standard alternatives into their own subsection, distinct from other reasonable alternatives

• Agencies remain exempt from artificially constructing alternatives, describing unreasonable alternatives, or justifying omitted alternatives

• Applies only as a sunset provision from January 1, 2012 to January 1, 2014, unless extended by subsequent legislation

• Designated as an urgency statute to take effect immediately upon approval to provide regulatory agencies maximum lead time to adjust their practices