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: 

• NEW!   The 2022 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.

• IMPORTANT – APPROVED PERMANENT REGULATIONS REGARDING ELECTRONIC SUBMISSIONS OF RULEMAKINGS AND NOTICES TO OAL!      OAL has just approved the Certificate of Compliance to its emergency regulations concerning electronic submissions of rulemakings and notices.     There have been some critical revisions to the electronic filing procedures that have been in place.       To ensure proper processing of electronic submissions, please visit our frequently asked questions page about the latest procedures.

• Public Comment Period for OAL's Conflict of Interest Code.     Pursuant to Title 2, California Code of Regulations, section 18750(a)(3)(A)(i), OAL will be accepting comments regarding the Notice of Intention to Amend the Conflict of Interest Code commencing on April 15, 2022 and closing on May 30, 2022.    All inquiries should be directed to the contact person listed in the Notice.

• New Availability in OAL's 3-Day Rulemaking Training class!     Now is a great time to sign up for OAL's 3-Day Rulemaking Training Class!    Our popular Rulemaking Class offers comprehensive training on the Administrative Procedure Act rulemaking process and is taught by highly experienced OAL attorneys and legal staff.     Sign up today!
  

   

• OAL Proposed Rulemaking on Underground Regulations.

   

• OAL Emergency Rulemaking on Electronic Submissions.

   

• Instructions for the 2022 RULEMAKING CALENDAR are now available.    

   

• 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. 

   

• 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!