AB 1072

1.

This bill generally provides for legislative oversight of requests for federal

approval. The bill prohibits a state, executive branch agency from submitting a

request to a federal agency for a waiver or renewal, modification, withdrawal,

suspension, or termination of a waiver of federal law or rules or for authorization to

implement a pilot program or demonstration project unless legislation has been

enacted specifically directing the submission of the request. For any legislation

enacted on or after January 1, 2011, that requires submission of a request that has

not yet been submitted, the bill requires the applicable state agency to submit an

implementation plan to JCF containing an expected timeline with an expected

submission date to the federal agency no later than 90 days after the state agency

submits the implementation plan to JCF, for which JCF may grant up to three

90-day extensions under its passive review process, and submit its final proposed

request to JCF for approval.

Once the request has been submitted to the federal agency, the bill requires the

state agency to do all of the following: make biweekly contact with the federal agency

to continue negotiations, submit monthly progress reports to JCF on negotiations

with the federal agency including descriptions of any portions of the request that the

federal agency stated will not be approved, make available on a quarterly basis a

representative of the state agency for JCF briefings or hearings, and submit the

proposed approval as negotiated with the federal agency to JCF for approval or

disapproval before agreeing with the final federal approval. When the federal

agency has approved the request in whole or in part and the request has not been

fully implemented, the state agency must submit an implementation plan to JCF,

submit its final implementation plan to JCF for approval, and make available on a

quarterly basis a representative of the state agency for JCF briefings or hearings.

No later than nine months before the expiration of an approved waiver, pilot

program, or demonstration project, the state agency must notify JCF of the

expiration date and the state agency's intent regarding renewal. If the state agency

intends to renew the waiver, program, or project without substantive changes to it,

the state agency is not required to comply with all of the procedures specified in the

bill for renewal and instead may submit the proposed renewal request for review by

JCF under its passive review process.

The chairpersons of JCF may delegate some of the committee's responsibilities

under the bill to a legislative standing committee of appropriate subject matter

jurisdiction under terms specified by the chairpersons. If JCF determines that the

state agency has not made sufficient progress or is not acting in accordance with the

enacted legislation requiring the submission of the request, JCF may reduce from

moneys allocated for state operations or administrative functions the agency's

appropriation or expenditure authority or change the authorized level of full-time