CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 34-Z
 1283DISAPPROV AL DECISION
DECISION OF DISAPPROV AL OF
REGULATORY ACTION
Printed below is the summary of an Office of Admin-
istrative Law disapproval decision. The full text of thedisapproval decision is available at www .oal.ca.gov
 un-
der the “Publications” tab. You may also request a copy
of a decision by contacting the Of fice of Administrative
Law, 300 Capitol Mall, Suite 1250, Sacramento, CA95814−4339, (916) 323−6225 — FAX (916) 323−6826.
Please request by OAL file number.
DEPARTMENT OF FOOD AND
AGRICULTURE
State of California
Office of Administrative Law
In re:
Department of  Food and Agriculture
Regulatory Action:
Title 4, California Code of Regulations
Adopt sections: 4002.10, 4206, 4207
Amend sections: 4001, 4200, 4201
DECISION OF DISAPPROV AL OF
REGULATORY ACTION
Government Code Section 1 1349.3
OAL Matter Number: 2017−0623−01
OAL Matter T ype: Regular (S)
SUMMARY OF REGULATORY ACTION
On June 23, 2017, the Department of Food and Agri-
culture (Department) submitted to the Office of Admin-
istrative Law (OAL) a proposed regulatory action toadopt and amend regulations in title 4 of the California
Code of Regulations (CCR) pertaining to the retail sale
of natural gas motor vehicle fuels in California. On Au-gust 7, 2017, OAL notified the Department of the disap-
proval of this regulatory action.DECISION
The reasons for the disapproval were because the De-
partment did not meet the necessity , clarity, and consis-
tency standards set forth in Government Code section
11349.1 and the procedural requirements of the Califor-
nia Administrative Procedure Act (chap. 3.5 (com-mencing with sec. 11340) of tit. 2, div. 3, of the Gov.Code; hereinafter APA). This Decision of Disapproval
of Regulatory Action details the reasons for OAL’s dis-
approval of the Department’s regulatory action. TheDepartment will have 120 days from receipt of thiswritten decision to remedy the issues set forth hereinand resubmit this regulatory action to OAL. OAL re-
serves the right to conduct a complete review for com-
pliance with the procedural and substantive require-ments of the APA upon resubmission.
CONCLUSION
OAL disapproved this regulatory action for the rea-
sons set forth above. Pursuant to Government Code sec-
tion 11349.4, subdivision (a), the Department may re-submit this rulemaking action to OAL within 120 days
of its receipt of this Decision of Disapproval of Regula-
tory Action. A copy of this disapproval decision will be
e−mailed to the Department’s contact person on the date
identified below.
Any changes made to the proposed regulation text to
address the issues discussed above must be made avail-
able for at least 15 days for public comment pursuant to
Government Code section 11346.8, subdivision (c) and
CCR, title 1, section 44, prior to resubmission of thisregulatory action. Additionally, the Department mustadd a supplement to the ISR to the rulemaking file, pur-suant to Government Code section 11347.1, to resolve
the necessity issue with section 4206 prior to resubmis-
sion of this regulatory action. The Department must re-
solve all other issues raised in this disapproval decision
before resubmitting this regulatory action.
If you have any questions, please contact me at (916)
323−6809.
/s/
Richard L. Smith
Senior Attorney
For: Debra M. Cornez
Director
Original: Karen Ross
Copy: Kevin Schnepp