2009 California Government Code - Section 11346-11348 :: Article 5. Public Participation: Procedure For Adoption Of Regulations

11346.  (a) It is the purpose of this chapter to establish basic
minimum procedural requirements for the adoption, amendment, or
repeal of administrative regulations. Except as provided in Section
11346.1, the provisions of this chapter are applicable to the
exercise of any quasi-legislative power conferred by any statute
heretofore or hereafter enacted, but nothing in this chapter repeals
or diminishes additional requirements imposed by any statute. This
chapter shall not be superseded or modified by any subsequent
legislation except to the extent that the legislation shall do so
expressly.
   (b) An agency that is considering adopting, amending, or repealing
a regulation may consult with interested persons before initiating
regulatory action pursuant to this article.

11346.1.  (a) (1) The adoption, amendment, or repeal of an emergency
regulation is not subject to any provision of this article or
Article 6 (commencing with Section 11349), except this section and
Sections 11349.5 and 11349.6.
   (2) At least five working days before submitting an emergency
regulation to the office, the adopting agency shall, except as
provided in paragraph (3), send a notice of the proposed emergency
action to every person who has filed a request for notice of
regulatory action with the agency. The notice shall include both of
the following:
   (A) The specific language proposed to be adopted.
   (B) The finding of emergency required by subdivision (b).
   (3) An agency is not required to provide notice pursuant to
paragraph (2) if the emergency situation clearly poses such an
immediate, serious harm that delaying action to allow public comment
would be inconsistent with the public interest.
   (b) (1) Except as provided in subdivision (c), if a state agency
makes a finding that the adoption of a regulation or order of repeal
is necessary to address an emergency, the regulation or order of
repeal may be adopted as an emergency regulation or order of repeal.
   (2) Any finding of an emergency shall include a written statement
that contains the information required by paragraphs (2) to (6),
inclusive, of subdivision (a) of Section 11346.5 and a description of
the specific facts demonstrating the existence of an emergency and
the need for immediate action, and demonstrating, by substantial
evidence, the need for the proposed regulation to effectuate the
statute being implemented, interpreted, or made specific and to
address only the demonstrated emergency. The finding of emergency
shall also identify each technical, theoretical, and empirical study,
report, or similar document, if any, upon which the agency relies.
The enactment of an urgency statute shall not, in and of itself,
constitute a need for immediate action.
   A finding of emergency based only upon expediency, convenience,
best interest, general public need, or speculation, shall not be
adequate to demonstrate the existence of an emergency. If the
situation identified in the finding of emergency existed and was
known by the agency adopting the emergency regulation in sufficient
time to have been addressed through nonemergency regulations adopted
in accordance with the provisions of Article 5 (commencing with
Section 11346), the finding of emergency shall include facts
explaining the failure to address the situation through nonemergency
regulations.
   (3) The statement and the regulation or order of repeal shall be
filed immediately with the office.
   (c) Notwithstanding any other provision of law, no emergency
regulation that is a building standard shall be filed, nor shall the
building standard be effective, unless the building standard is
submitted to the California Building Standards Commission, and is
approved and filed pursuant to Sections 18937 and 18938 of the Health
and Safety Code.
   (d) The emergency regulation or order of repeal shall become
effective upon filing or upon any later date specified by the state
agency in a written instrument filed with, or as a part of, the
regulation or order of repeal.
   (e) No regulation, amendment, or order of repeal initially adopted
as an emergency regulatory action shall remain in effect more than
180 days unless the adopting agency has complied with Sections
11346.2 to 11347.3, inclusive, either before adopting an emergency
regulation or within the 180-day period. The adopting agency, prior
to the expiration of the 180-day period, shall transmit to the office
for filing with the Secretary of State the adopted regulation,
amendment, or order of repeal, the rulemaking file, and a
certification that Sections 11346.2 to 11347.3, inclusive, were
complied with either before the emergency regulation was adopted or
within the 180-day period.
   (f) If an emergency amendment or order of repeal is filed and the
adopting agency fails to comply with subdivision (e), the regulation
as it existed prior to the emergency amendment or order of repeal
shall thereupon become effective and after notice to the adopting
agency by the office shall be reprinted in the California Code of
Regulations.
   (g) If a regulation is originally adopted and filed as an
emergency and the adopting agency fails to comply with subdivision
(e), this failure shall constitute a repeal of the regulation and
after notice to the adopting agency by the office, shall be deleted.
   (h) The office may approve not more than two readoptions, each for
a period not to exceed 90 days, of an emergency regulation that is
the same as or substantially equivalent to an emergency regulation
previously adopted by that agency. Readoption shall be permitted only
if the agency has made substantial progress and proceeded with
diligence to comply with subdivision (e).

11346.2.  Every agency subject to this chapter shall prepare, submit
to the office with the notice of the proposed action as described in
Section 11346.5, and make available to the public upon request, all
of the following:
   (a) A copy of the express terms of the proposed regulation.
   (1) The agency shall draft the regulation in plain,
straightforward language, avoiding technical terms as much as
possible, and using a coherent and easily readable style. The agency
shall draft the regulation in plain English.
   (2) The agency shall include a notation following the express
terms of each California Code of Regulations section, listing the
specific statutes or other provisions of law authorizing the adoption
of the regulation and listing the specific statutes or other
provisions of law being implemented, interpreted, or made specific by
that section in the California Code of Regulations.
   (3) The agency shall use underline or italics to indicate
additions to, and strikeout to indicate deletions from, the
California Code of Regulations.
   (b) An initial statement of reasons for proposing the adoption,
amendment, or repeal of a regulation. This statement of reasons shall
include, but not be limited to, all of the following:
   (1) A statement of the specific purpose of each adoption,
amendment, or repeal and the rationale for the determination by the
agency that each adoption, amendment, or repeal is reasonably
necessary to carry out the purpose for which it is proposed. Where
the adoption or amendment of a regulation would mandate the use of
specific technologies or equipment, a statement of the reasons why
the agency believes these mandates or prescriptive standards are
required.
   (2) An identification of each technical, theoretical, and
empirical study, report, or similar document, if any, upon which the
agency relies in proposing the adoption, amendment, or repeal of a
regulation.
   (3) (A) A description of reasonable alternatives to the regulation
and the agency's reasons for rejecting those alternatives. In the
case of a regulation that would mandate the use of specific
technologies or equipment or prescribe specific actions or
procedures, the imposition of performance standards shall be
considered as an alternative.
   (B) A description of reasonable alternatives to the regulation
that would lessen any adverse impact on small business and the agency'
s reasons for rejecting those alternatives.
   (C) Notwithstanding subparagraph (A) or (B), an agency is not
required to artificially construct alternatives, describe
unreasonable alternatives, or justify why it has not described
alternatives.
   (4) Facts, evidence, documents, testimony, or other evidence on
which the agency relies to support an initial determination that the
action will not have a significant adverse economic impact on
business.
   (5) A department, board, or commission within the Environmental
Protection Agency, the Resources Agency, or the Office of the State
Fire Marshal shall describe its efforts, in connection with a
proposed rulemaking action, to avoid unnecessary duplication or
conflicts with federal regulations contained in the Code of Federal
Regulations addressing the same issues. These agencies may adopt
regulations different from federal regulations contained in the Code
of Federal Regulations addressing the same issues upon a finding of
one or more of the following justifications:
   (A) The differing state regulations are authorized by law.
   (B) The cost of differing state regulations is justified by the
benefit to human health, public safety, public welfare, or the
environment.
   (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 subdivision (b) 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 that the agency
proposes to adopt or amend that are different from the corresponding
provisions of the federal regulation.

11346.3.  (a) State agencies proposing to adopt, amend, or repeal
any administrative regulation shall assess the potential for adverse
economic impact on California business enterprises and individuals,
avoiding the imposition of unnecessary or unreasonable regulations or
reporting, recordkeeping, or compliance requirements. For purposes
of this subdivision, assessing the potential for adverse economic
impact shall require agencies, when proposing to adopt, amend, or
repeal a regulation, to adhere to the following requirements, to the
extent that these requirements do not conflict with other state or
federal laws:
   (1) The proposed adoption, amendment, or repeal of a regulation
shall be based on adequate information concerning the need for, and
consequences of, proposed governmental action.
   (2) The state agency, prior to submitting a proposal to adopt,
amend, or repeal a regulation to the office, shall consider the
proposal's impact on business, with consideration of industries
affected including the ability of California businesses to compete
with businesses in other states. For purposes of evaluating the
impact on the ability of California businesses to compete with
businesses in other states, an agency shall consider, but not be
limited to, information supplied by interested parties.
   It is not the intent of this section to impose additional criteria
on agencies, above that which exists in current law, in assessing
adverse economic impact on California business enterprises, but only
to assure that the assessment is made early in the process of
initiation and development of a proposed adoption, amendment, or
repeal of a regulation.
   (b) (1) All state agencies proposing to adopt, amend, or repeal
any administrative regulations shall assess whether and to what
extent it will affect the following:
   (A) The creation or elimination of jobs within the State of
California.
   (B) The creation of new businesses or the elimination of existing
businesses within the State of California.
   (C) The expansion of businesses currently doing business within
the State of California.
   (2) This subdivision does not apply to the University of
California, the Hastings College of the Law, or the Fair Political
Practices Commission.
   (3) Information required from state agencies for the purpose of
completing the assessment may come from existing state publications.
   (c) No administrative regulation adopted on or after January 1,
1993, that requires a report shall apply to businesses, unless the
state agency adopting the regulation makes a finding that it is
necessary for the health, safety, or welfare of the people of the
state that the regulation apply to businesses.

11346.4.  (a) At least 45 days prior to the hearing and close of the
public comment period on the adoption, amendment, or repeal of a
regulation, notice of the proposed action shall be:
   (1) Mailed to every person who has filed a request for notice of
regulatory actions with the state agency. Each state agency shall
give a person filing a request for notice of regulatory actions the
option of being notified of all proposed regulatory actions or being
notified of regulatory actions concerning one or more particular
programs of the state agency.
   (2) In cases in which the state agency is within a state
department, mailed or delivered to the director of the department.
   (3) Mailed to a representative number of small business
enterprises or their representatives that are likely to be affected
by the proposed action. "Representative" for the purposes of this
paragraph includes, but is not limited to, a trade association,
industry association, professional association, or any other business
group or association of any kind that represents a business
enterprise or employees of a business enterprise.
   (4) When appropriate in the judgment of the state agency, mailed
to any person or group of persons whom the agency believes to be
interested in the proposed action and published in the form and
manner as the state agency shall prescribe.
   (5) Published in the California Regulatory Notice Register as
prepared by the office for each state agency's notice of regulatory
action.
   (6) Posted on the state agency's website if the agency has a
website.
   (b) The effective period of a notice issued pursuant to this
section shall not exceed one year from the date thereof. If the
adoption, amendment, or repeal of a regulation proposed in the notice
is not completed and transmitted to the office within the period of
one year, a notice of the proposed action shall again be issued
pursuant to this article.
   (c) Once the adoption, amendment, or repeal is completed and
approved by the office, no further adoption, amendment, or repeal to
the noticed regulation shall be made without subsequent notice being
given.
   (d) The office may refuse to publish a notice submitted to it if
the agency has failed to comply with this article.
   (e) The office shall make the California Regulatory Notice
Register available to the public and state agencies at a nominal cost
that is consistent with a policy of encouraging the widest possible
notice distribution to interested persons.
   (f) Where the form or manner of notice is prescribed by statute in
any particular case, in addition to filing and mailing notice as
required by this section, the notice shall be published, posted,
mailed, filed, or otherwise publicized as prescribed by that statute.
The failure to mail notice to any person as provided in this section
shall not invalidate any action taken by a state agency pursuant to
this article.

11346.45.  (a) In order to increase public participation and improve
the quality of regulations, state agencies proposing to adopt
regulations shall, prior to publication of the notice required by
Section 11346.5, involve parties who would be subject to the proposed
regulations in public discussions regarding those proposed
regulations, when the proposed regulations involve complex proposals
or a large number of proposals that cannot easily be reviewed during
the comment period.
   (b) This section does not apply to a state agency in any instance
where that state agency is required to implement federal law and
regulations for which there is little or no discretion on the part of
the state to vary.
   (c) If the agency does not or cannot comply with the provisions of
subdivision (a), it shall state the reasons for noncompliance with
reasonable specificity in the rulemaking record.
   (d) The provisions of this section shall not be subject to
judicial review or to the provisions of Section 11349.1.

11346.5.  (a) The notice of proposed adoption, amendment, or repeal
of a regulation shall include the following:
   (1) A statement of the time, place, and nature of proceedings for
adoption, amendment, or repeal of the regulation.
   (2) Reference to the authority under which the regulation is
proposed and a reference to the particular code sections or other
provisions of law that are being implemented, interpreted, or made
specific.
   (3) An informative digest drafted in plain English in a format
similar to the Legislative Counsel's digest on legislative bills. The
informative digest shall include the following:
   (A) A concise and clear summary of existing laws and regulations,
if any, related directly to the proposed action and of the effect of
the proposed action.
   (B) 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.
   (C) A policy statement overview explaining the broad objectives of
the regulation and, if appropriate, the specific objectives.
   (4) Any other matters as are prescribed by statute applicable to
the specific state agency or to any specific regulation or class of
regulations.
   (5) 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 pursuant to Part 7 (commencing
with Section 17500) of Division 4.
   (6) An estimate, prepared in accordance with instructions adopted
by the Department of Finance, of the cost or savings to any state
agency, the cost to any local agency or school district that is
required to be reimbursed under Part 7 (commencing with Section
17500) of Division 4, other nondiscretionary cost or savings imposed
on local agencies, and the cost or savings in federal funding to the
state.
   For purposes of this paragraph, "cost or savings" means additional
costs or savings, both direct and indirect, that a public agency
necessarily incurs in reasonable compliance with regulations.
   (7) If a state agency, in proposing to adopt, amend, or repeal any
administrative regulation, makes an initial determination that the
action may have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states, it shall
include the following information in the notice of proposed action:
   (A) Identification of the types of businesses that would be
affected.
   (B) A description of the projected reporting, recordkeeping, and
other compliance requirements that would result from the proposed
action.
   (C) The following statement: "The (name of agency) has made an
initial determination that the (adoption/amendment/repeal) of this
regulation may have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states. The (name of
agency) (has/has not) considered proposed alternatives that would
lessen any adverse economic impact on business and invites you to
submit proposals. Submissions may include the following
considerations:
   (i) The establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to businesses.
   (ii) Consolidation or simplification of compliance and reporting
requirements for businesses.
   (iii) The use of performance standards rather than prescriptive
standards.
   (iv) Exemption or partial exemption from the regulatory
requirements for businesses."
   (8) If a state agency, in adopting, amending, or repealing any
administrative regulation, makes an initial determination that the
action will not have a significant, statewide adverse economic impact
directly affecting business, including the ability of California
businesses to compete with businesses in other states, it shall make
a declaration to that effect in the notice of proposed action. In
making this declaration, the agency shall provide in the record
facts, evidence, documents, testimony, or other evidence upon which
the agency relies to support its initial determination.
   An agency's initial determination and declaration that a proposed
adoption, amendment, or repeal of a regulation may have or will not
have a significant, adverse impact on businesses, including the
ability of California businesses to compete with businesses in other
states, shall not be grounds for the office to refuse to publish the
notice of proposed action.
   (9) A description of all cost impacts, known to the agency at the
time the notice of proposed action is submitted to the office, that a
representative private person or business would necessarily incur in
reasonable compliance with the proposed action.
   If no cost impacts are known to the agency, it shall state the
following:
   "The agency is not aware of any cost impacts that a representative
private person or business would necessarily incur in reasonable
compliance with the proposed action."
   (10) A statement of the results of the assessment required by
subdivision (b) of Section 11346.3.
   (11) The finding prescribed by subdivision (c) of Section 11346.3,
if required.
   (12) A statement that the action would have a significant effect
on housing costs, if a state agency, in adopting, amending, or
repealing any administrative regulation, makes an initial
determination that the action would have that effect. In addition,
the agency officer designated in paragraph (14), shall make available
to the public, upon request, the agency's evaluation, if any, of the
effect of the proposed regulatory action on housing costs.
   (13) A statement that the adopting agency must determine that no
reasonable alternative considered by the agency or that has otherwise
been identified and brought to the attention of the agency would be
more effective in carrying out the purpose for which the action is
proposed or would be as effective and less burdensome to affected
private persons than the proposed action.
   (14) The name and telephone number of the agency representative
and designated backup contact person to whom inquiries concerning the
proposed administrative action may be directed.
   (15) The date by which comments submitted in writing must be
received to present statements, arguments, or contentions in writing
relating to the proposed action in order for them to be considered by
the state agency before it adopts, amends, or repeals a regulation.
   (16) Reference to the fact that the agency proposing the action
has prepared a statement of the reasons for the proposed action, has
available all the information upon which its proposal is based, and
has available the express terms of the proposed action, pursuant to
subdivision (b).
   (17) A statement that if a public hearing is not scheduled, any
interested person or his or her duly authorized representative may
request, no later than 15 days prior to the close of the written
comment period, a public hearing pursuant to Section 11346.8.
   (18) A statement indicating that the full text of a regulation
changed pursuant to Section 11346.8 will be available for at least 15
days prior to the date on which the agency adopts, amends, or
repeals the resulting regulation.
   (19) A statement explaining how to obtain a copy of the final
statement of reasons once it has been prepared pursuant to
subdivision (a) of Section 11346.9.
   (20) If the agency maintains an Internet Web site or other similar
forum for the electronic publication or distribution of written
material, a statement explaining how materials published or
distributed through that forum can be accessed.
   (b) The agency representative designated in paragraph (14) of
subdivision (a) shall make available to the public upon request the
express terms of the proposed action. The representative shall also
make available to the public upon request the location of public
records, including reports, documentation, and other materials,
related to the proposed action. If the representative receives an
inquiry regarding the proposed action that the representative cannot
answer, the representative shall refer the inquiry to another person
in the agency for a prompt response.
   (c) This section shall not be construed in any manner that results
in the invalidation of a regulation because of the alleged
inadequacy of the notice content or the summary or cost estimates, or
the alleged inadequacy or inaccuracy of the housing cost estimates,
if there has been substantial compliance with those requirements.

11346.7.  The office shall maintain a link on its website to the
website maintained by the Small Business Advocate that also includes
the telephone number of the Small Business Advocate.

11346.8.  (a) If a public hearing is held, both oral and written
statements, arguments, or contentions, shall be permitted. The agency
may impose reasonable limitations on oral presentations. If a public
hearing is not scheduled, the state agency shall, consistent with
Section 11346.4, afford any interested person or his or her duly
authorized representative, the opportunity to present statements,
arguments or contentions in writing. In addition, a public hearing
shall be held if, no later than 15 days prior to the close of the
written comment period, an interested person or his or her duly
authorized representative submits in writing to the state agency, a
request to hold a public hearing. The state agency shall, to the
extent practicable, provide notice of the time, date, and place of
the hearing by mailing the notice to every person who has filed a
request for notice thereby with the state agency. The state agency
shall consider all relevant matter presented to it before adopting,
amending, or repealing any regulation.
   (b) In any hearing under this section, the state agency or its
duly authorized representative shall have authority to administer
oaths or affirmations. An agency may continue or postpone a hearing
from time to time to the time and at the place as it determines. If a
hearing is continued or postponed, the state agency shall provide
notice to the public as to when it will be resumed or rescheduled.
   (c) No state agency may adopt, amend, or repeal a regulation which
has been changed from that which was originally made available to
the public pursuant to Section 11346.5, unless the change is (1)
nonsubstantial or solely grammatical in nature, or (2) sufficiently
related to the original text that the public was adequately placed on
notice that the change could result from the originally proposed
regulatory action. If a sufficiently related change is made, the full
text of the resulting adoption, amendment, or repeal, with the
change clearly indicated, shall be made available to the public for
at least 15 days before the agency adopts, amends, or repeals the
resulting regulation. Any written comments received regarding the
change must be responded to in the final statement of reasons
required by Section 11346.9.
   (d) No state agency shall add any material to the record of the
rulemaking proceeding after the close of the public hearing or
comment period, unless the agency complies with Section 11347.1. This
subdivision does not apply to material prepared pursuant to Section
11346.9.
   (e) If a comment made at a public hearing raises a new issue
concerning a proposed regulation and a member of the public requests
additional time to respond to the new issue before the state agency
takes final action, it is the intent of the Legislature that
rulemaking agencies consider granting the request for additional time
if, under the circumstances, granting the request is practical and
does not unduly delay action on the regulation.

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 or
would be as effective and less burdensome to affected private persons
than the adopted regulation.
   (5) An explanation setting forth the reasons for rejecting any
proposed alternatives that would lessen the adverse economic impact
on small businesses.
   (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.

11347.  (a) If, after publication of a notice of proposed action
pursuant to Section 11346.4, but before the notice of proposed action
becomes ineffective pursuant to subdivision (b) of that section, an
agency decides not to proceed with the proposed action, it shall
deliver notice of its decision to the office for publication in the
California Regulatory Notice Register.
   (b) Publication of a notice under this section terminates the
effect of the notice of proposed action referred to in the notice.
Nothing in this section precludes an agency from proposing a new
regulatory action that is similar or identical to a regulatory action
that was previously the subject of a notice published under this
section.

11347.  (a) If, after publication of a notice of proposed action
pursuant to Section 11346.4, but before the notice of proposed action
becomes ineffective pursuant to subdivision (b) of that section, an
agency decides not to proceed with the proposed action, it shall
deliver notice of its decision to the office for publication in the
California Regulatory Notice Register.
   (b) Publication of a notice under this section terminates the
effect of the notice of proposed action referred to in the notice.
Nothing in this section precludes an agency from proposing a new
regulatory action that is similar or identical to a regulatory action
that was previously the subject of a notice published under this
section.

11347.1.  (a) An agency that adds any technical, theoretical, or
empirical study, report, or similar document to the rulemaking file
after publication of the notice of proposed action and relies on the
document in proposing the action shall make the document available as
required by this section.
   (b) At least 15 calendar days before the proposed action is
adopted by the agency, the agency shall mail to all of the following
persons a notice identifying the added document and stating the place
and business hours that the document is available for public
inspection:
   (1) Persons who testified at the public hearing.
   (2) Persons who submitted written comments at the public hearing.
   (3) Persons whose comments were received by the agency during the
public comment period.
   (4) Persons who requested notification from the agency of the
availability of changes to the text of the proposed regulation.
   (c) The document shall be available for public inspection at the
location described in the notice for at least 15 calendar days before
the proposed action is adopted by the agency.
   (d) Written comments on the document or information received by
the agency during the availability period shall be summarized and
responded to in the final statement of reasons as provided in Section
11346.9.
   (e) The rulemaking file shall contain a statement confirming that
the agency complied with the requirements of this section and stating
the date on which the notice was mailed.
   (f) If there are no persons in categories listed in subdivision
(b), then the rulemaking file shall contain a confirming statement to
that effect.

11347.3.  (a) Every agency shall maintain a file of each rulemaking
that shall be deemed to be the record for that rulemaking proceeding.
Commencing no later than the date that the notice of the proposed
action is published in the California Regulatory Notice Register, and
during all subsequent periods of time that the file is in the agency'
s possession, the agency shall make the file available to the public
for inspection and copying during regular business hours.
   (b) The rulemaking file shall include:
   (1) Copies of any petitions received from interested persons
proposing the adoption, amendment, or repeal of the regulation, and a
copy of any decision provided for by subdivision (d) of Section
11340.7, which grants a petition in whole or in part.
   (2) All published notices of proposed adoption, amendment, or
repeal of the regulation, and an updated informative digest, the
initial statement of reasons, and the final statement of reasons.
   (3) The determination, together with the supporting data required
by paragraph (5) of subdivision (a) of Section 11346.5.
   (4) The determination, together with the supporting data required
by paragraph (8) of subdivision (a) of Section 11346.5.
   (5) The estimate, together with the supporting data and
calculations, required by paragraph (6) of subdivision (a) of Section
11346.5.
   (6) All data and other factual information, any studies or
reports, and written comments submitted to the agency in connection
with the adoption, amendment, or repeal of the regulation.
   (7) All data and other factual information, technical,
theoretical, and empirical studies or reports, if any, on which the
agency is relying in the adoption, amendment, or repeal of a
regulation, including any cost impact estimates as required by
Section 11346.3.
   (8) A transcript, recording, or minutes of any public hearing
connected with the adoption, amendment, or repeal of the regulation.
   (9) The date on which the agency made the full text of the
proposed regulation available to the public for 15 days prior to the
adoption, amendment, or repeal of the regulation, if required to do
so by subdivision (c) of Section 11346.8.
   (10) The text of regulations as originally proposed and the
modified text of regulations, if any, that were made available to the
public prior to adoption.
   (11) Any other information, statement, report, or data that the
agency is required by law to consider or prepare in connection with
the adoption, amendment, or repeal of a regulation.
   (12) An index or table of contents that identifies each item
contained in the rulemaking file. The index or table of contents
shall include an affidavit or a declaration under penalty of perjury
in the form specified by Section 2015.5 of the Code of Civil
Procedure by the agency official who has compiled the rulemaking
file, specifying the date upon which the record was closed, and that
the file or the copy, if submitted, is complete.
   (c) Every agency shall submit to the office with the adopted
regulation, the rulemaking file or a complete copy of the rulemaking
file.
   (d) The rulemaking file shall be made available by the agency to
the public, and to the courts in connection with the review of the
regulation.
   (e) Upon filing a regulation with the Secretary of State pursuant
to Section 11349.3, the office shall return the related rulemaking
file to the agency, after which no item contained in the file shall
be removed, altered, or destroyed or otherwise disposed of. The
agency shall maintain the file unless it elects to transmit the file
to the State Archives pursuant to subdivision (f).
   (f) The agency may transmit the rulemaking file to the State
Archives. The file shall include instructions that the Secretary of
State shall not remove, alter, or destroy or otherwise dispose of any
item contained in the file. Pursuant to Section 12223.5, the
Secretary of State may designate a time for the delivery of the
rulemaking file to the State Archives in consideration of document
processing or storage limitations.

11348.  Each agency subject to this chapter shall keep its
rulemaking records on all of that agency's pending rulemaking
actions, in which the notice has been published in the California
Regulatory Notice Register, current and in one central location.