CALIFORNIA RULEMAKING A Summary of the California Regulation

CALIFORNIA RULEMAKING A Summary of the California Regulation Process Presentation: April 9, 2015 BSCC Board Meeting Information Item No. 6

CA Government Code section 11340. 5 “(a) No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in Section 11342. 600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State pursuant to this chapter…” 2

CA Government Code section 11342. 600 “‘ Regulation’ means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. ” 3

Underground Regulation: OAL Rule (Title 1, Chapter 2, sec. 250) “(a) ‘Underground regulation’ means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined [in the Government Code] but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA…” 4

THE RULEMAKING PROCESS Preliminary Activities BSCC Identifies Potential Need for Regulations 5 • Fiscal Impact Analysis • Draft Regulations and Board Approval • Initial Statement of Reasons • Notice of Proposed Rulemaking

THE RULEMAKING PROCESS Notice of Proposed Rulemaking Public Comment Period(s) 6 BSCC Considers Public Comments Public Hearing Scheduled or by Request

THE RULEMAKING PROCESS CONT. Final Activities • Update Informative Digest • Final Statement of Reasons • Final Text of Regulations and Board Approval • DOF Approves Fiscal Impact Statement Submit Final Rulemaking Package 30 -Day Review by Office of Administrative Law (OAL) Regulation Adopted 7

HYPOTHETICAL TIMELINE ACTIVITY DATE RANGE Board Meeting: Approve Regulation Text November Submit Notice to OAL January 1 Publish Notice of Proposed Rulemaking January 11 45 -Day Public Comment Period January 11 – February 25 Consider Comments Public Hearing Consider Comments from Hearing Post (Major) Changes to Text 8 February 26 – March 18 March 22 March 23 – April 12

HYPOTHETICAL TIMELINE ACTIVITY Public Comment Period (45 days) Consider Comments April 13 – May 28 May 29 – June 18 Post (Non-Major) Changes to Text June 18 Public Hearing Public Comment Period (15 days) July 2 Consider Comments Post (Non-Major) Changes to Text Public Comment Period (15 days) Consider Comments 9 DATE RANGE July 2 July 3 – July 18 July 19 July 20 – August 4 August 5 – August 20

HYPOTHETICAL TIMELINE ACTIVITY DATE RANGE Board Meeting to Approve Changed Regulation Text September 8 Final Rulemaking Activities September 9 – September 24 Submit Final Rulemaking Package to OAL September 25 OAL 30 -Day Review September 25 – October 24 Post OAL-Requested (Non-major) Changes Public Comment Period (15 days) Consider Comments and Update Final Rulemaking File 10 November 1 November 2 – November 17 November 18 – November 28

HYPOTHETICAL TIMELINE ACTIVITY DATE RANGE Resubmit Rulemaking File November 28 OAL 30 -Day Review November 28 – December 28 Regulations Adopted – December 28 Regulations Effective – Secretary of State 11