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Section 116365.01 Of Article 3. Operations From California Health And Safety Code >> Division 104. >> Part 12. >> Chapter 4. >> Article 3.
116365.01
. (a) (1) Notwithstanding any other provision of law or
regulation, including Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2, and Part 3 (commencing with Section
13000) of the Government Code, and except as provided in subdivision
(b), for any proposed regulation that relates to the maximum
contaminant levels for primary or secondary drinking water standards,
as defined in subdivisions (c) and (d) of Section 116275, that is
submitted by the department to the Office of Administrative Law for
review, pursuant to Section 11349.1 of the Government Code, the
Department of Finance shall take no longer than 90 days, commencing
on the date that the department submits the rule or regulation to the
Department of Finance, to do any of the following:
(A) Review any estimate pursuant to subdivision (c) of Section 11357 of the Government Code.
(B) Provide a letter or documentation, if required, pursuant to Section 11349.1 of the Government Code.
(C) Complete any other function in connection with the adoption of proposed regulations that relates to the maximum contaminant levels for primary or secondary drinking water standards, as required pursuant to any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(D) Return the proposed regulation if the department has not prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5 of the Government Code, in accordance with Section 11357 of the Government Code.
(2) If the Department of Finance returns the proposed regulation pursuant to subparagraph (D) of paragraph (1), an additional 90 day time period under this section shall begin when the regulations are resubmitted by the department to the Department of Finance.
(3) If the Department of Finance takes longer than 90 days to complete any of the functions set forth in subparagraphs (A) to (D), inclusive, of paragraph (1), the proposed regulations shall be exempt from any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that requires the involvement of the Department of Finance, and the department and the Office of Administrative Law shall proceed with all other applicable procedures in connection with the adoption of proposed regulations.
(b) Subdivision (a) shall not apply to any regulation adopted by the department that reduces, weakens, lessens, or otherwise undermines any requirement established pursuant to this chapter for the protection of public health.
(A) Review any estimate pursuant to subdivision (c) of Section 11357 of the Government Code.
(B) Provide a letter or documentation, if required, pursuant to Section 11349.1 of the Government Code.
(C) Complete any other function in connection with the adoption of proposed regulations that relates to the maximum contaminant levels for primary or secondary drinking water standards, as required pursuant to any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(D) Return the proposed regulation if the department has not prepared the estimate required by paragraph (6) of subdivision (a) of Section 11346.5 of the Government Code, in accordance with Section 11357 of the Government Code.
(2) If the Department of Finance returns the proposed regulation pursuant to subparagraph (D) of paragraph (1), an additional 90 day time period under this section shall begin when the regulations are resubmitted by the department to the Department of Finance.
(3) If the Department of Finance takes longer than 90 days to complete any of the functions set forth in subparagraphs (A) to (D), inclusive, of paragraph (1), the proposed regulations shall be exempt from any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that requires the involvement of the Department of Finance, and the department and the Office of Administrative Law shall proceed with all other applicable procedures in connection with the adoption of proposed regulations.
(b) Subdivision (a) shall not apply to any regulation adopted by the department that reduces, weakens, lessens, or otherwise undermines any requirement established pursuant to this chapter for the protection of public health.
