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11346.9.
Every agency subject to this chapter shall do the following:
(a) Prepare and submit to the office with the adopted regulation a final statement of reasons that shall include all of the following:
(1) An update of the information contained in the initial statement of reasons. If the update identifies any data or any technical, theoretical or empirical study, report, or similar document on which the agency is relying in proposing the adoption, amendment, or repeal of a regulation that was not identified in the initial statement of reasons, or which was otherwise not identified or made available for public review prior to the close of the
public comment period, the agency shall comply with Section 11347.1.(2) A determination as to whether adoption, amendment, or repeal of the regulation imposes a mandate on local agencies or school districts. If the determination is that adoption, amendment, or repeal of the regulation would impose a local mandate, the agency shall state whether the mandate is reimbursable pursuant to Part 7 (commencing with Section 17500) of Division 4. If the agency finds that the mandate is not reimbursable, it shall state the reasons for that finding.
(3) A summary of each objection or recommendation made regarding the specific adoption, amendment, or repeal proposed, together with an explanation of how the proposed action has been changed to accommodate each objection or recommendation, or the reasons for making no change. This requirement applies only to objections or recommendations
specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action. The agency may aggregate and summarize repetitive or irrelevant comments as a group, and may respond to repetitive comments or summarily dismiss irrelevant comments as a group. For the purposes of this paragraph, a comment is “irrelevant” if it is not specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action.(4) A determination with supporting information that no alternative considered by the agency would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. For a
major regulation, as defined by Section 11342.548 proposed on or after November 1, 2013, the determination shall be based, in part, upon the standardized regulatory impact analysis of the proposed regulation and, in part, upon the statement of benefits identified in subparagraph (C) of paragraph (3) of subdivision (a) of Section 11346.5.(5) An explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses. The agency shall include, as supporting information, the standardized regulatory impact analysis for a major regulation, if required by subdivision (c) of Section 11346.3, as well as the benefits of the proposed regulation identified pursuant to paragraph (3) of
subdivision (a) of Section 11346.5.(b) Prepare and submit to the office with the adopted regulation an updated informative digest containing a clear and concise summary of the immediately preceding laws and regulations, if any, relating directly to the adopted, amended, or repealed regulation and the effect of the adopted, amended, or repealed regulation. The informative digest shall be drafted in a format similar to the Legislative Counsel’s Digest on legislative bills.
(c) A state agency that adopts or amends a regulation mandated by federal law or regulations, the provisions of which are identical to a previously adopted or amended federal regulation, shall be deemed to have complied with this section if a statement to the effect that a federally mandated regulation or amendment to a regulation is being proposed, together with a citation to where an explanation of the
provisions of the regulation can be found, is included in the notice of proposed adoption or amendment prepared pursuant to Section 11346.5. However, the agency shall comply fully with this chapter with respect to any provisions in the regulation which the agency proposes to adopt or amend that are different from the corresponding provisions of the federal regulation.(d) If an agency determines that a requirement of this section can be satisfied by reference to an agency statement made pursuant to Sections 11346.2 to 11346.5, inclusive, the agency may satisfy the requirement by incorporating the relevant statement by reference.
For example, when the State Board filed its Updated Informative Digest with the OAL pursuant to Section 11346.9(b), it wrote beneath a heading “Description of Regulatory Action” the following: Addressing inadequate quality assurance requirements was a focus of the proposed regulations.
COALITION OF ACCREDITED LABORATORIES VS. STATE WATER RESOURCES CONTROL BOARD
2020-80003543
Aug 20, 2021
Sacramento County, CA
1 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH, State Bar No. 166167 FlLED/Ei^OCl mED Supervising Deputy Attorney General 3 ANDREA M . KENDRICK, State Bar No. 225688 COURTNEY S. CovrNGTON, State Bar No. 259723 JUL 2 5 2022 4 Deputy Attorneys General 1300 I Street, Suite 125 By: H. PEMELTON 5 P.O. Box 944255 …
Jan 25, 2019
Sacramento County, CA
Jul 25, 2022
Unlimited Civil
1 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH, State Bar No. 166167 FlLED/Ei^OCl mED Supervising Deputy Attorney General 3 ANDREA M . KENDRICK, State Bar No. 225688 COURTNEY S. CovrNGTON, State Bar No. 259723 JUL 2 5 2022 4 Deputy Attorneys General 1300 I Street, Suite 125 By: H. PEMELTON 5 P.O. Box 944255 …
Jan 25, 2019
Sacramento County, CA
Jul 25, 2022
Civil Rights
1 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH, State Bar No. 166167 FlLED/Ei^OCl mED Supervising Deputy Attorney General 3 ANDREA M . KENDRICK, State Bar No. 225688 COURTNEY S. CovrNGTON, State Bar No. 259723 JUL 2 5 2022 4 Deputy Attorneys General 1300 I Street, Suite 125 By: H. PEMELTON 5 P.O. Box 944255 …
Jan 25, 2019
Sacramento County, CA
Jul 25, 2022
Unlimited Civil
1 ROB BONTA Attomey General of Califomia 2 RUSSELL B . HILDRETH Supervising Deputy Attomey General 3 ANDREA M . KENDRICK State Bar No. 225688 FliED/ENDORSED COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General nOOIStreet, Suite 125 SEP - 1 2021 5 P.O. Box 944255 Sacramento, CA 94244-2550 By:. H. PFMFI TflN …
Jan 25, 2019
Sacramento County, CA
Sep 01, 2021
Unlimited Civil
1 ROB BONTA Attomey General of Califomia 2 RUSSELL B . HILDRETH Supervising Deputy Attomey General 3 ANDREA M . KENDRICK State Bar No. 225688 FliED/ENDORSED COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General nOOIStreet, Suite 125 SEP - 1 2021 5 P.O. Box 944255 Sacramento, CA 94244-2550 By:. H. PFMFI TflN …
Jan 25, 2019
Sacramento County, CA
Sep 01, 2021
Civil Rights
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