SECTIONS 11351-11361

11351.  (a) Except as provided in subdivision (b), Article 5(commencing with Section 11346), Article 6 (commencing with Section11349), Article 7 (commencing with Section 11349.7), and Article 8(commencing with Section 11350) shall not apply to the PublicUtilities Commission or the Workers' Compensation Appeals Board, andArticle 3 (commencing with Section 11343) and Article 4 (commencingwith Section 11344) shall apply only to the rules of procedure ofthese state agencies. (b) The Public Utilities Commission and the Workers' CompensationAppeals Board shall comply with paragraph (5) of subdivision (a) ofSection 11346.4 with respect to regulations that are required to befiled with the Secretary of State pursuant to Section 11343. (c) Article 8 (commencing with Section 11350) shall not apply tothe Division of Workers' Compensation.11352.  The following actions are not subject to this chapter: (a) The issuance, denial, or waiver of any water qualitycertification as authorized under Section 13160 of the Water Code. (b) The issuance, denial, or revocation of waste dischargerequirements and permits pursuant to Sections 13263 and 13377 of theWater Code and waivers issued pursuant to Section 13269 of the WaterCode. (c) The development, issuance, and use of the guidance documentpursuant to Section 13383.7 of the Water Code.11353.  (a) Except as provided in subdivision (b), this chapter doesnot apply to the adoption or revision of state policy for waterquality control and the adoption or revision of water quality controlplans and guidelines pursuant to Division 7 (commencing with Section13000) 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 acourt determines is subject to this part, after June 1, 1992, shallbe submitted to the office. (2) The State Water Resources Control Board shall include in itssubmittal to the office all of the following: (A)  A clear and concise summary of any regulatory provisionsadopted or approved as part of that action, for publication in theCalifornia Code of Regulations. (B) The administrative record for the proceeding. Proposedadditions to a policy, plan, or guideline shall be indicated byunderlined text and proposed deletions shall be indicated bystrike-through text in documents submitted as part of theadministrative 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 WaterResources Control Board that the action was taken in compliance withall applicable procedural requirements of Division 7 (commencing withSection 13000) of the Water Code. (3) Paragraph (2) does not limit the authority of the office toreview any regulatory provision which is part of the policy, plan, orguideline submitted by the State Water Resources Control Board. (4) The office shall review the regulatory provisions to determinecompliance 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 topublic comments prepared by the State Water Resources Control Boardor the appropriate regional water quality control board to determinecompliance with the public participation requirements of the FederalWater Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). The officeshall restrict its review to the regulatory provisions and theadministrative record of the proceeding. Sections 11349.3, 11349.4,11349.5, and 11350.3 shall apply to the review by the office to theextent that those sections are consistent with this section. (5) The policy, plan, guideline, or revision shall not becomeeffective unless and until the regulatory provisions are approved bythe office in accordance with subdivision (a) of Section 11349.3. (6) Upon approval of the regulatory provisions, the office shalltransmit to the Secretary of State for filing the clear and concisesummary of the regulatory provisions submitted by the State WaterResources Control Board. (7) Any proceedings before the State Water Resources Control Boardor a California regional water quality control board to take anyaction subject to this subdivision shall be conducted in accordancewith the procedural requirements of Division 7 (commencing withSection 13000) of the Water Code, together with any applicablerequirements of the Federal Water Pollution Control Act (33 U.S.C.Sec. 1251 et seq.), and the requirements of this chapter, other thanthe requirement for review by the office in accordance with thissubdivision, shall not apply. (8) This subdivision shall not provide a basis for review by theoffice under this subdivision or Article 6 (commencing with Section11349) of any such policy, plan, or guideline adopted or revisedprior 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 ofJune 1, 1992, was a party to a civil action challenging thatprovision on the grounds that it has not been adopted as a regulationpursuant to this chapter. (d) Copies of the policies, plans, and guidelines to whichsubdivision (a) applies shall be maintained at central locations forinspection by the public. The State Water Resources Control Boardshall maintain, at its headquarters in Sacramento, a current copy ofeach policy, plan, or guideline in effect. Each regional waterquality control board shall maintain at its headquarters a currentcopy of each policy, plan, or guideline in effect in its respectiveregion. Any revision of a policy, plan, or guideline shall be madeavailable for inspection by the public within 30 days of itseffective date.11354.  Sections 11352 and 11353 do not affect any court'sdetermination, relating to the applicability of this chapter to anyprovision of a policy, plan, or guideline, in a civil action whichwas pending on June 1, 1992, and on that date included a challenge toa provision of a policy, plan, or guideline on the grounds that ithas not been adopted in accordance with this chapter.11354.1.  (a) For purposes of this section, "commission" means theSan Francisco Bay Conservation and Development Commission. (b) This chapter does not apply to any policy, plan, or guidelineadopted by the commission prior to January 1, 1996, pursuant toChapter 5 (commencing with Section 66650) of Title 7.2 of this codeor Division 19 (commencing with Section 29000) of the PublicResources Code. (c) The issuance or denial by the commission of any permitpursuant to subdivision (a) of Section 66632, and the issuance ordenial by, or appeal to, the commission of any permit pursuant toChapter 6 (commencing with Section 29500) of Division 19 of thePublic Resources Code, are not subject to this chapter. (d) (1) Any amendments or other changes to the San Francisco BayPlan or to a special area plan pursuant to Chapter 5 (commencing withSection 66650) of Title 7.2, adopted by the commission on or afterJanuary 1, 1996, and any amendments or other changes to the SuisunMarsh Protection Plan, as defined in Section 29113 of the PublicResources Code, or in the Suisun Marsh local protection program, asdefined in Section 29111 of the Public Resources Code, adopted by thecommission on and after January 1, 1996, shall be submitted to theoffice but are not subject to this chapter except as provided in thissubdivision. (2) The commission shall include in its submittal to the officepursuant to paragraph (1) both of the following documents: (A) A clear and concise summary of any regulatory provisionadopted or approved by the commission as part of the proposed changefor publication in the California Code of Regulations. (B) The administrative record for the proceeding, and a list ofthe documents relied upon in making the change. Proposed additions tothe plans shall be indicated by underlined text, and proposeddeletions shall be indicated by strike-through text in documentssubmitted as part of the administrative record for the proceeding. (3) The office shall review the regulatory provisions to determinecompliance 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 topublic comments prepared by the commission to determine compliancewith the public participation requirements of Sections 11000 to11007, inclusive, of Title 14 of the California Code of Regulations,and to ensure that the commission considers all relevant matterspresented to it before adopting, amending, or repealing anyregulatory provision, and that the commission explains the reasonsfor not modifying a proposed plan change to accommodate an objectionor recommendation. The office shall restrict its review to theregulatory provisions and the administrative record of theproceeding. Sections 11349.3, 11349.4, 11349.5, and 11350.3 shallapply to the review by the office to the extent that those sectionsare consistent with this section. (4) In reviewing proposed changes to the commission's plans forthe criteria specified in subdivision (a) of Section 11349.1, theoffice shall consider the clarity of the proposed plan change in thecontext of the commission's existing plans. (5) The proposed plan or program change subject to thissubdivision shall not become effective unless and until theregulatory provisions are approved by the office in accordance withsubdivision (a) of Section 11349.3. (6) Upon approval of the regulatory provisions, the office shalltransmit to the Secretary of State for filing the clear and concisesummary of the regulatory provisions submitted by the commission. (e) Except as provided in subdivisions (b), (c), and (d), theadoption of any regulation by the commission shall be subject to thischapter in all respects.11356.  (a) Article 6 (commencing with Section 11349) is notapplicable to a building standard. (b) Article 5 (commencing with Section 11346) is applicable tothose building standards, except that the office shall not disapprovethose building standards nor refuse to publish any notice ofproposed building standards if either has been approved by, andsubmitted to, the office by the California Building StandardsCommission pursuant to Section 18935 of the Health and Safety Code.11357.  (a) The Department of Finance shall adopt and update, asnecessary, instructions for inclusion in the State AdministrativeManual prescribing the methods that any agency subject to thischapter shall use in making the determination required by paragraph(5) and the estimate required by paragraph (6) of subdivision (a) ofSection 11346.5. The instructions shall include, but need not belimited to, the following: (1) Guidelines governing the types of data or assumptions, orboth, that may be used, and the methods that shall be used, tocalculate the estimate of the cost or savings to public agenciesmandated by the regulation for which the estimate is being prepared. (2) The types of direct or indirect costs and savings that shouldbe taken into account in preparing the estimate. (3) The criteria that shall be used in determining whether thecost of a regulation must be funded by the state pursuant to Section6 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 insummarizing and reporting its estimate of the cost or savings tostate and local agencies, school districts, and in federal funding ofstate 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 thepreparation, development, or administration of the state budget,including any instructions included in the State AdministrativeManual, shall be exempt from this chapter. (c) The Department of Finance may review any estimate preparedpursuant 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 afterJanuary 1, 1982, no new regulation, or the amendment or repeal of anyregulation, which regulation is intended to promote fire and panicsafety or provide fire protection and prevention, including firesuppression systems, equipment, or alarm regulation, is valid oreffective unless it is submitted by, or approved in writing by, theState Fire Marshal before transmittal to the Secretary of State orthe Office of Administrative Law. (b) Approval of the State Fire Marshal is not required if theregulation is expressly required to be at least as effective asfederal standards published in the Federal Register pursuant toSection 6 of the Occupational Safety and Health Act of 1970 (P.L.91-596) within the time period specified by federal law and asprovided in subdivision (b) of Section 142.4 of the Labor Code, andas approved by the Occupational Safety and Health Administration ofthe United States Department of Labor as meeting the requirements ofsubdivision (a) of Section 142.3 of the Labor Code, unless theregulation is determined by the State Fire Marshal to be lesseffective in promoting fire and panic safety than regulations adoptedby the State Fire Marshal.11361.  This chapter does not apply to the adoption or revision ofregulations, guidelines, or criteria to implement the SafeNeighborhood Parks, Clean Water, Clean Air, and Coastal ProtectionBond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692(commencing with Section 5096.300) of Division 5 of the PublicResources Code), the California Clean Water, Clean Air, SafeNeighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696(commencing with Section 5096.600) of Division 5 of the PublicResources Code), or the Water Security, Clean Drinking Water, Coastaland Beach Protection Act of 2002 (Division 26.5 (commencing withSection 79500) of the Water Code). The adoption or revision ofregulations, guidelines, or criteria, if necessary to implement thoserespective acts, shall instead be accomplished by means of a publicprocess reasonably calculated to give those persons interested intheir adoption or revision an opportunity to be heard.