The Informative Digest in a California Regulation

When proposing a regulation, and ultimately adopting one, a state agency must include an “informative digest” in the Initial and Final Statements of Reasons. The following is required to be included in the informative digest:

• A concise and clear summary of existing laws and regulations;
• If the proposed action differs substantially from an existing comparable federal regulation or statute, a brief description of the significant differences and the full citation of the federal regulations or statutes;
• A policy statement overview explaining the broad objectives of the regulation and the specific benefits anticipated by the proposed adoption, amendment, or repeal of a regulation;
• An evaluation of whether the proposed regulation is inconsistent or incompatible with existing state regulations;
• Any other matters as are prescribed by statute;
• A determination as to whether the regulation imposes a mandate on local agencies or school districts and, if so, whether the mandate requires state reimbursement;
• An estimate of the cost or savings to any state agency;
• A declaration regarding the determination of a significant, statewide adverse economic impact;
• A description of all cost impacts;
• A statement of the results of the economic impact assessment;
• A statement that the action would have a significant effect on housing costs;
• A statement that the adopting agency must determine that no reasonable alternative considered by the agency would be more effective in carrying out the purpose of the regulation;
• The name and phone number of the agency representative;
• The date by which comments must be received in writing;
• Reference to the agency having prepared a statement of the reasons for the proposed action;
• A statement that, if a public hearing is not scheduled, any interested person may request a public hearing;
• A statement that the full text will be available for at least 15 days;
• A statement about how to obtain the final statement of reasons;
• A statement about electronic access to documents; and,
• A statement about providing regulatory materials to those with a visual or other disability.