GOVERNOR'S EXECUTIVE ORDERS EXTENDING APA DEADLINES

Update to Governor's Executive Orders Regarding Extensions to APA Deadlines.  Executive Order N-08-21, issued on June 11, 2021, states that the extensions to the APA deadlines provided for in Executive Order N-40-20 will remain in place through June 30, 2021, and then will terminate, with the following exception:

Rulemakings published in the California Regulatory Notice Register (CRNR) pursuant to Government Code section 11346.4(a)(5) prior to June 30, 2021 (regular rulemaking actions including certificates of compliance). The extensions from the prior executive orders that apply to this exception [if an agency publishes a Notice of Proposed Action (NOPA) by June 29, 2021] are:

     .  The one-year deadline is extended by an extra 120 days [Gov. Code, sec.
        11346.4(b).

     .  OAL’s 30 working day review of those rulemakings (except for Certificates of 
        Compliance) is extended by 120 days [Gov. Code, sec. 11349.3(a)]; and,

     .  If disapproved, the agency has an additional 120 days to resubmit the rulemaking
        [Gov. Code, sec. 11349.4(a)]

Everything else “expires” after June 30th. This means that no more extensions to those deadlines listed in paragraph 1 of Executive Order N-40-20 accrue (except as stated above). Therefore, as of July 1, 2021, approval notices issued by OAL will not reflect any new extensions to emergency matters (or their readoptions). If an extension was previously granted by an Executive Order on or prior to June 30th, it remains in effect.

Governor Newsom’s Executive Order N-40-20, issued March 30, 2020, extended  by 60 calendar days the following deadlines that affect state agency rulemaking actions under the Administrative Procedure Act (APA) during the state of emergency:

• The one year deadline for expiration of a Notice of Proposed Action (NOPA) and submission to OAL of proposed regulatory actions under a NOPA (Government Code, section 11346.4(b));
• The deadline for expiration of emergency regulations (Government Code, section 11346.1(e));
• The deadline to readopt emergency regulations (Government Code, section 11346.1(h));
• The 120 day deadline to resubmit disapproved rulemaking actions (Government Code, section 11349.4(a)); and,

The 30 working day deadline for OAL to review proposed regular and non-substantive rulemaking actions submitted to OAL for review (Government Code, section 11349.3(a) and California Code of Regulations, title 1, section 100).

Governor Newsom's Executive Order N-71-20, issued June 30, 2020, extended by 60 additional days the foregoing deadlines that affect state agency rulemaking actions under the Administrative Procedure Act (APA).

ANNOUNCEMENTS: 

• OAL Notice of Proposed Second Readoption of Emergency Regulations regarding Electronic Submissions.   On November 16, 2021, OAL issued a Notice of Proposed Second Readoption of Emergency Regulations concerning electronic submissions of notices and rulemaking actions.    Please click here for more information.   The first Emergency readoption and the original Emergency adopted on July 6, 2020 and all the rulemaking documents associated with it can be found on the same page.

   

• Frequently Asked Questions Regarding Electronic Submissions.   In light of OAL's adoption of emergency regulations regarding electronic submissions, OAL prepared a set of frequently asked questions that pertain to the Section 101 certification, digital signatures, and electronic submission requirements.   Please click here for more information.

   

   

• OAL Notice of Proposed Action to Amend Chapter 2 (Underground) Regulations:  Notice of Change of Date of Regulatory Hearing and Extension of Written Comment Period.   OAL rescheduled its public hearing and extended the written comment deadline on its proposed rulemaking concerning Underground Regulations, Notice originally published on March 26, 2021.   Click here for more information.   The original Notice published on March 26, 2021 and all other rulemaking documents associated with this proposed rulemaking can be found on this same page.

   

   

• New Availability in OAL's 3-Day Rulemaking Training class!     Now is a great opportunity to sign up for OAL's 3-Day Rulemaking Training Class!    Please click here to sign up.   Waiting periods for the class have been significantly reduced, so now is definitely the time to sign up for our comprehensive, popular, in-demand training on the rulemaking process.

   

• Instructions for the 2021 RULEMAKING CALENDAR are now available.      Click here for the memo sent to Chief Counsels and Regulation Coordinators and Schedules A and B.

   

• COVID-19. In an effort to keep both you and the OAL staff healthy during these challenging times, everyone who comes to OAL must exercise appropriate social distancing practices, including the wearing of a face mask.  Thank you for your consideration and please help us all to stay safe and healthy!

   

• 2021 California Rulemaking Law Under the Administrative Procedure Act booklets are now available.  Please contact staff@oal.ca.gov or (916) 323-6225 if interested in purchasing a copy.