SECTIONS 11351-11361 - California Statutes

GOVERNMENT CODE

SECTION 11351-11361

11351. (a) Except as provided in subdivision (b), Article 5
(commencing with Section 11346), Article 6 (commencing with Section
11349), Article 7 (commencing with Section 11349.7), and Article 8
(commencing with Section 11350) shall not apply to the Public
Utilities Commission or the Workers' Compensation Appeals Board, and
Article 3 (commencing with Section 11343) and Article 4 (commencing
with Section 11344) shall apply only to the rules of procedure of
these state agencies.
(b) The Public Utilities Commission and the Workers' Compensation
Appeals Board shall comply with paragraph (5) of subdivision (a) of
Section 11346.4 with respect to regulations that are required to be
filed with the Secretary of State pursuant to Section 11343.
(c) Article 8 (commencing with Section 11350) shall not apply to
the Division of Workers' Compensation.

11352. The following actions are not subject to this chapter:
(a) The issuance, denial, or waiver of any water quality
certification as authorized under Section 13160 of the Water Code.
(b) The issuance, denial, or revocation of waste discharge
requirements and permits pursuant to Sections 13263 and 13377 of the
Water Code and waivers issued pursuant to Section 13269 of the Water
Code.
(c) The development, issuance, and use of the guidance document
pursuant to Section 13383.7 of the Water Code.

11353. (a) Except as provided in subdivision (b), this chapter does
not apply to the adoption or revision of state policy for water
quality control and the adoption or revision of water quality control
plans and guidelines pursuant to Division 7 (commencing with Section
13000) of the Water Code.
(b) (1) Any policy, plan, or guideline, or any revision thereof,
that the State Water Resources Control Board has adopted or that a
court determines is subject to this part, after June 1, 1992, shall
be submitted to the office.
(2) The State Water Resources Control Board shall include in its
submittal to the office all of the following:
(A) A clear and concise summary of any regulatory provisions
adopted or approved as part of that action, for publication in the
California Code of Regulations.
(B) The administrative record for the proceeding. Proposed
additions to a policy, plan, or guideline shall be indicated by
underlined text and proposed deletions shall be indicated by
strike-through text in documents submitted as part of the
administrative record for the proceeding.
(C) A summary of the necessity for the regulatory provision.
(D) A certification by the chief legal officer of the State Water
Resources Control Board that the action was taken in compliance with
all applicable procedural requirements of Division 7 (commencing with
Section 13000) of the Water Code.
(3) Paragraph (2) does not limit the authority of the office to
review any regulatory provision which is part of the policy, plan, or
guideline submitted by the State Water Resources Control Board.
(4) The office shall review the regulatory provisions to determine
compliance with the standards of necessity, authority, clarity,
consistency, reference, and nonduplication set forth in subdivision
(a) of Section 11349.1. The office shall also review the responses to
public comments prepared by the State Water Resources Control Board
or the appropriate regional water quality control board to determine
compliance with the public participation requirements of the Federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). The office
shall restrict its review to the regulatory provisions and the
administrative record of the proceeding. Sections 11349.3, 11349.4,
11349.5, and 11350.3 shall apply to the review by the office to the
extent that those sections are consistent with this section.
(5) The policy, plan, guideline, or revision shall not become
effective unless and until the regulatory provisions are approved by
the office in accordance with subdivision (a) of Section 11349.3.
(6) Upon approval of the regulatory provisions, the office shall
transmit to the Secretary of State for filing the clear and concise
summary of the regulatory provisions submitted by the State Water
Resources Control Board.
(7) Any proceedings before the State Water Resources Control Board
or a California regional water quality control board to take any
action subject to this subdivision shall be conducted in accordance
with the procedural requirements of Division 7 (commencing with
Section 13000) of the Water Code, together with any applicable
requirements of the Federal Water Pollution Control Act (33 U.S.C.
Sec. 1251 et seq.), and the requirements of this chapter, other than
the requirement for review by the office in accordance with this
subdivision, shall not apply.
(8) This subdivision shall not provide a basis for review by the
office under this subdivision or Article 6 (commencing with Section
11349) of any such policy, plan, or guideline adopted or revised
prior to June 1, 1992.
(c) Subdivision (a) does not apply to a provision of any policy,
plan, guideline, or revision, as applied to any person who, as of
June 1, 1992, was a party to a civil action challenging that
provision on the grounds that it has not been adopted as a regulation
pursuant to this chapter.
(d) Copies of the policies, plans, and guidelines to which
subdivision (a) applies shall be maintained at central locations for
inspection by the public. The State Water Resources Control Board
shall maintain, at its headquarters in Sacramento, a current copy of
each policy, plan, or guideline in effect. Each regional water
quality control board shall maintain at its headquarters a current
copy of each policy, plan, or guideline in effect in its respective
region. Any revision of a policy, plan, or guideline shall be made
available for inspection by the public within 30 days of its
effective date.

11354. Sections 11352 and 11353 do not affect any court's
determination, relating to the applicability of this chapter to any
provision of a policy, plan, or guideline, in a civil action which
was pending on June 1, 1992, and on that date included a challenge to
a provision of a policy, plan, or guideline on the grounds that it
has not been adopted in accordance with this chapter.

11354.1. (a) For purposes of this section, "commission" means the
San Francisco Bay Conservation and Development Commission.
(b) This chapter does not apply to any policy, plan, or guideline
adopted by the commission prior to January 1, 1996, pursuant to
Chapter 5 (commencing with Section 66650) of Title 7.2 of this code
or Division 19 (commencing with Section 29000) of the Public
Resources Code.
(c) The issuance or denial by the commission of any permit
pursuant to subdivision (a) of Section 66632, and the issuance or
denial by, or appeal to, the commission of any permit pursuant to
Chapter 6 (commencing with Section 29500) of Division 19 of the
Public Resources Code, are not subject to this chapter.
(d) (1) Any amendments or other changes to the San Francisco Bay
Plan or to a special area plan pursuant to Chapter 5 (commencing with
Section 66650) of Title 7.2, adopted by the commission on or after
January 1, 1996, and any amendments or other changes to the Suisun
Marsh Protection Plan, as defined in Section 29113 of the Public
Resources Code, or in the Suisun Marsh local protection program, as
defined in Section 29111 of the Public Resources Code, adopted by the
commission on and after January 1, 1996, shall be submitted to the
office but are not subject to this chapter except as provided in this
subdivision.
(2) The commission shall include in its submittal to the office
pursuant to paragraph (1) both of the following documents:
(A) A clear and concise summary of any regulatory provision
adopted or approved by the commission as part of the proposed change
for publication in the California Code of Regulations.
(B) The administrative record for the proceeding, and a list of
the documents relied upon in making the change. Proposed additions to
the plans shall be indicated by underlined text, and proposed
deletions shall be indicated by strike-through text in documents
submitted as part of the administrative record for the proceeding.
(3) The office shall review the regulatory provisions to determine
compliance with the standards of necessity, authority, clarity,
consistency, reference, and nonduplication set forth in subdivision
(a) of Section 11349.1. The office shall also review the responses to
public comments prepared by the commission to determine compliance
with the public participation requirements of Sections 11000 to
11007, inclusive, of Title 14 of the California Code of Regulations,
and to ensure that the commission considers all relevant matters
presented to it before adopting, amending, or repealing any
regulatory provision, and that the commission explains the reasons
for not modifying a proposed plan change to accommodate an objection
or recommendation. The office shall restrict its review to the
regulatory provisions and the administrative record of the
proceeding. Sections 11349.3, 11349.4, 11349.5, and 11350.3 shall
apply to the review by the office to the extent that those sections
are consistent with this section.
(4) In reviewing proposed changes to the commission's plans for
the criteria specified in subdivision (a) of Section 11349.1, the
office shall consider the clarity of the proposed plan change in the
context of the commission's existing plans.
(5) The proposed plan or program change subject to this
subdivision shall not become effective unless and until the
regulatory provisions are approved by the office in accordance with
subdivision (a) of Section 11349.3.
(6) Upon approval of the regulatory provisions, the office shall
transmit to the Secretary of State for filing the clear and concise
summary of the regulatory provisions submitted by the commission.
(e) Except as provided in subdivisions (b), (c), and (d), the
adoption of any regulation by the commission shall be subject to this
chapter in all respects.

11356. (a) Article 6 (commencing with Section 11349) is not
applicable to a building standard.
(b) Article 5 (commencing with Section 11346) is applicable to
those building standards, except that the office shall not disapprove
those building standards nor refuse to publish any notice of
proposed building standards if either has been approved by, and
submitted to, the office by the California Building Standards
Commission pursuant to Section 18935 of the Health and Safety Code.

11357. (a) The Department of Finance shall adopt and update, as
necessary, instructions for inclusion in the State Administrative
Manual prescribing the methods that any agency subject to this
chapter shall use in making the determination required by paragraph
(5) and the estimate required by paragraph (6) of subdivision (a) of
Section 11346.5. The instructions shall include, but need not be
limited to, the following:
(1) Guidelines governing the types of data or assumptions, or
both, that may be used, and the methods that shall be used, to
calculate the estimate of the cost or savings to public agencies
mandated by the regulation for which the estimate is being prepared.
(2) The types of direct or indirect costs and savings that should
be taken into account in preparing the estimate.
(3) The criteria that shall be used in determining whether the
cost of a regulation must be funded by the state pursuant to Section
6 of Article XIII B of the California Constitution and Part 7
(commencing with Section 17500) of Division 4.
(4) The format the agency preparing the estimate shall follow in
summarizing and reporting its estimate of the cost or savings to
state and local agencies, school districts, and in federal funding of
state programs that will result from the regulation.
(b) Any action by the Department of Finance to adopt and update,
as necessary, instructions to any state or local agency for the
preparation, development, or administration of the state budget,
including any instructions included in the State Administrative
Manual, shall be exempt from this chapter.
(c) The Department of Finance may review any estimate prepared
pursuant to this section for content including, but not limited to,
the data and assumptions used in its preparation.

11359. (a) Except as provided in subdivision (b), on and after
January 1, 1982, no new regulation, or the amendment or repeal of any
regulation, which regulation is intended to promote fire and panic
safety or provide fire protection and prevention, including fire
suppression systems, equipment, or alarm regulation, is valid or
effective unless it is submitted by, or approved in writing by, the
State Fire Marshal before transmittal to the Secretary of State or
the Office of Administrative Law.
(b) Approval of the State Fire Marshal is not required if the
regulation is expressly required to be at least as effective as
federal standards published in the Federal Register pursuant to
Section 6 of the Occupational Safety and Health Act of 1970 (P.L.
91-596) within the time period specified by federal law and as
provided in subdivision (b) of Section 142.4 of the Labor Code, and
as approved by the Occupational Safety and Health Administration of
the United States Department of Labor as meeting the requirements of
subdivision (a) of Section 142.3 of the Labor Code, unless the
regulation is determined by the State Fire Marshal to be less
effective in promoting fire and panic safety than regulations adopted
by the State Fire Marshal.

11361. This chapter does not apply to the adoption or revision of
regulations, guidelines, or criteria to implement the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692
(commencing with Section 5096.300) of Division 5 of the Public
Resources Code), the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696
(commencing with Section 5096.600) of Division 5 of the Public
Resources Code), or the Water Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002 (Division 26.5 (commencing with
Section 79500) of the Water Code). The adoption or revision of
regulations, guidelines, or criteria, if necessary to implement those
respective acts, shall instead be accomplished by means of a public
process reasonably calculated to give those persons interested in
their adoption or revision an opportunity to be heard.