Statutory Sunset Review Process

Article 7.5 deals with sunset review. Section 9147.7 defines the term “eligible agency.” It also creates the Joint Sunset Review Committee (JSRC) to identify and eliminate waste, duplication, and inefficiency in government agencies. The purpose of the committee is to conduct a comprehensive analysis over 15 years, and on a periodic basis thereafter, of every eligible agency to determine if the agency is still necessary and cost effective.

In addition, each eligible agency scheduled for repeal is required to submit to the committee, on or before December 1 before the year it is set to be repealed, a complete agency report covering the entire period since last reviewed, including, but not limited to, the five specified items in this section.

The committee is required to take public testimony and evaluate the eligible agency before the date the agency is scheduled to be repealed. An eligible agency is to be eliminated unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency. However, an eligible agency is not to be extended in perpetuity, unless specifically exempted from the provisions of this section.

The JSRC may recommend that the Legislature extend the statutory sunset date for no more than one year to allow the committee more time to evaluate the eligible agency.

The committee is comprised of 10 members of the Legislature. The Senate Committee on Rules appoints five members of the Senate to the committee, not more than three of whom are members of the same political party and the Speaker of the Assembly appoints five members of the Assembly to the committee, not more than three of whom are members of the same political party.

Note that this section does not apply to the Department of Cannabis Control.