CA AB2091

Requires state agencies proposing regulations that mandate use of new or emerging technology to first determine the technology is available and effective before adoption.

Defines "commercially available" as technology available from at least two providers or manufacturers and proven effective for at least two years.

Mandates regulations include provisions delaying enforcement by six months if technology is not commercially available at the effective date, and requiring agency reimbursement if the technology ultimately fails to function as intended.

Exempts regulations where the technology requirement applies only to the industry responsible for developing or manufacturing that technology as part of their core business.

Requires Office of Administrative Law to return regulations to adopting agencies if they have not complied with the new technology availability and effectiveness requirements in Section 11346.10.