Cal. Code Regs. tit. 1 § 6.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 6.5 - Electronic Submission of Regulatory Actions

(a) For all regulatory actions submitted electronically to OAL for publication in the California Code of Regulations and/or transmittal to the Secretary of State for filing, the agency must include:

(1) One electronic file containing the following documents:

(A) One electronic copy of the certified regulation text, and

(B) One electronic Form 400 completed according to section 6, subsections (b) and (c), and electronically signed by the person making the certification referred to in section 6, subsection (b)(8).

(C) For purposes of this regulation, a person may "electronically sign" the Form 400 with:

1. A digital signature, as defined in Government Code section 16.5(d), or

2. An electronic signature, as defined in Civil Code section 1633.2(h).

(2) One electronic record containing all documents and information required by law to be submitted to OAL, including, but not limited to, the following:

(A) For regular rulemaking actions, and certificate of compliance actions promulgated in accordance with Government Code section 11346.1(e), the rulemaking file described in Government Code section 11347.3(b).

(B) For emergency actions promulgated in accordance with Government Code section 11346.1, the documentation described in section 50, subsection (b).

(C) For the adoption or revision of state policy for water quality control plans, or the adoption or revision of water quality control plans and guidelines, promulgated in accordance with division 7 (commencing with section 13000) of the Water Code, the documents and information described in Government Code section 11353(b)(2).

(b) The agency must submit all electronic documents and information described in subsection (a) to OAL by email at ElectronicSubmissions@oal.ca.gov.

(1) Each submission must include two emails as follows:

(A) The first email must include the file described in subsection (a)(1) as an attachment in .pdf format.

(B) The second email must include all documents and information comprising the electronic record described in subsection (a)(2) as one or more attachments. The documents and information comprising the record may be in any commonly available file format (e.g., .pdf, .docx, .xlsx, .jpg, .mp4). OAL's access to each document or other file in the electronic record may not be restricted via password protection or any other method.

(2) Both emails must be clearly identified in the subject line as part of the same regulatory action.

(3) Neither email may exceed 25MB in size.

(c) Except for electronic emergency regulatory actions, OAL will consider electronic regulatory actions received after 5:00 p.m. on a business day, or at any time on a weekend or holiday, to be submitted on the following business day.

(d) OAL will consider electronic emergency regulatory actions received after 4:00 p.m. on a business day, or at any time on a weekend or holiday, to be submitted, and will post the notice of filing required by Government Code section 11349.6(b) for these actions, on the following business day.

Cal. Code Regs. Tit. 1, § 6.5

Note: Authority cited: Section 11342.4, Government Code. Reference: Sections 11343, 11343.1, 11343.8, 11346.1, 11347.3 and 11349.6, Government Code.

1. New section filed 7-6-2020 as an emergency; operative 7/6/2020 (Register 2020, No. 28). Expiration date of emergency extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 28). A Certificate of Compliance must be transmitted to OAL by 5-4-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-5-2021 as an emergency; operative 5/5/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 19). A Certificate of Compliance must be transmitted to OAL by 12-3-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-3-2021 as an emergency; operative 12/4/2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-4-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-3-2021 order, including amendment of section, transmitted to OAL 3-4-2022 and filed 4-18-2022; amendments operative 4/18/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 16).
5. Amendment of subsections (a)(1) and (b)(1)(A) filed 1-12-2024; operative 1/12/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 2).