STATE OF CALIFORNIA 

OFFICE OF ADMINISTRATIVE LAW 

300 Capitol Mall, Suite 1250 

Sacramento, CA 95814 

(916) 323-6225 FAX (916) 323-6826 

DEBRA M. CORNEZ 

Director 

TO: 

FROM: 

DATE: 

Trini Balcazar ~ 

OAL Front Desk v 

4/26/2013 

MEMORANDUM 

RE: Return of Approved Rulemaking Materials 

OAL File No. 2013-0315-03S 

EDMUND G. BROWN, Jr., Governor 

OAL hereby returns this file your agency submitted for our review (OAL File No. 2013-0315-03S 

regarding Consumer Products 2012). 

Ifthis is an approved file, it contains a copy of the regulation(s) stamped "ENDORSED APPROVED" 

by the Office of Administrative Law and "ENDORSED FILED" by the Secretary of State. The effective 

date of an approved regulation is specified on the Form 400 (see item B.5). Beginning January 1, 

2013, unless an exemption applies, Government Code section 11343.4 states the effective date of an 

approved regulation is determined by the date the regulation is filed with the Secretary of State (see the 

date the Form 400 was stamped "ENDORSED FILED" by the Secretary of State) as follows: 

(1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive. 

(2) April1 if the regulation or order ofrepeal is filed on December 1 to February 29, inclusive. 

(3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive. 

(4) October 1 ifthe regulation or order of repeal is filed on June 1 to August 31, inclusive. 

If an exemption applies concerning the effective date of the regulation approved in this file, then it will 

be specified on the Form 400. The Notice of Approval that OAL sends to the state agency will contain 

the effective date of the regulation. The history note that will appear at the end of the regulation section 

in the California Code of Regulations will also include the regulation's effective date. Additionally, the 

effective date of the regulation will be noted on OAL's Web site once OAL posts the Internet Web site 

link to the full text of the regulation that is received from the state agency. (Gov. Code, sees. 11343 and 

11344.) 

Please note this new requirement: Government Code section 11343 now requires: 

1. Section 11343( c)(l): Within 15 days of OAL filing a state agency's regulation with the Secretary of 

State, the state agency is required to post the regulation on its Internet Web site in an easily marked and 

identifiable location. The state agency shall keep the regulation posted on its Internet Web site for at 

least six months from the date the regulation is filed with the Secretary of State. 

2. Section 11343(c)(2): Within five (5) days of posting its regulation on its Internet Web site, the state 

agency shall send to OAL the Internet Web site link of each regulation that the agency posts on its 

Internet Web site pursuant to section 11343(c)(l). 
OAL has established an email address for state agencies to send the Internet Web site link to for each 

regulation the agency posts. Please send the Internet Web site link for each regulation posted to OAL at 

postedregslink@oal.ca.gov. 

DO NOT DISCARD OR DESTROY THIS FILE 

Due to its legal significance, you are required by law to preserve this rulemaking record. Government 

Code section 11347.3(d) requires that this record be avai\able to the public and to the courts for possible 

later review. Government Code section 11347.3(e)ft:nih~rprovides that " .... no item contained in the 

file shall be removed, altered, or destroyed or otherwise disposed of." See also the Records 

Management Act (Government Code section 14740 et seq.) and the State Administrative Manual (SAM) 

section 1600 et seq.) regarding retention of your records. 

If you decide not to keep the rulemaking records at your agency/office or at the State Records Center, 

you may transmit it to the State Archives with instructions that the Secretary of State shall not remove, 

alter, or destroy or otherwise dispose of any item contained in the file. See Government Code section 

11347.3(£). 

Enclosures 
E 3UbAR (See;~~:: For use by Secretary of State only STf.TE OF CALIFORNIA--OFFICE OF ADMINISTRATIVE 

NOTICE PUBLICATION/RE 

">on 

STD. 400 (REV. 01-2013) 

! REGULATORY ACTION NUMBER 

I2DI3-D315-o35 EMERGENCY NUMBER .;OAL"fill:t: .· NOTICE FILE NUMBER 

'iNuM.BERs~ z_2o12-os21-22 

For use by Office of Administrative Law (OAL) only 

2D ' '} l .. ~ 1 0 ~ ! : n -j 

! J i l ~ .•. J ; 

' ....... /'. ;· 

NOTICE REGULATIONS 

AGENCY WITH RULEMAKING AUTHORITY AGENCY FILE NUMBER (If any) 

AIR RESOURCES BOARD 

A. PUBLICATION OF NOTICE (Complete for publication in Notice Register) 

1. SUBJECT OF NOTICE I TITLE(S) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE 

Consumer Products 2012 17 94508 August 31,2012 

3. NOTICE TYPE 14. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) 

[g] Notice re Proposed 0 Trini Balcazar (916) 445-9564 (916) 322-3928 

Regulatory Action . Other 

OAL USE I· ACTION ON PROPOSED NOTICE·. . ' NOTICE REGISTER NUMBER PUJ3LICATION DATE,,. , .. 

ONLY · o Approved as D Approved as · D Disapproved/ tJot 'd. 35-L.·, 0 - 31/: .-< .:2 07;:), Submitted Modified Withdrawn 

I 

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 

1a. SUBJECT OF REGULATION(S) 

Consumer Products 2012 

1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S) 

2. SPECIFY CALIFORNIA CODE OF REGULATIONS TITLE(S) AND SECTION(S) (Including title 26, iftoxics related) 

SECTION(S) AFFECTED 

(List all section number(s) 

individually. Attach 

additional sheet if needed.) 

TITLE(S) 

17 

3. TYPE OF FILING 

[g] Regular Rulemaking (Gov. 

Code § 11346) 

D Resubmittal of disapproved or 

withdrawn nonemergency 

filing (Gov. Code §§ 11349.3, 

11349.4) 

ADOPT 

AMEND 

94508, and 94509 

REPEAL 

0 Certificate of Compliance: The agency officer named 

below certifies that this agency complied with the 

provisions of Gov. Code §§11346.2-11347.3 either 

before the emergency regulation was adopted or 

within the time period required by statute. 

0 Emergency Readopt (Gov. 

Code, §11346.1(h)) 

0 File&Print 

0 Changes Without Regulatory 

Effect (Cal. Code Regs., title 

1, §100) 

0 PrintOnly 

0 Emergency (Gov. Code, 

§11346.1(b)) 

D Resubmittal of disapproved or withdrawn 

emergency filing (Gov. Code, § 11346.1) 

D Other(Specify) -------------------

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. title 1, §44 and Gov. Code §11347.1) 

November 6, 2012- November 21, 2012 

5. EFFECTIVE DATE OF CHANGES (Gov. Code,§§ 11343.4, 11346.1(d); Cal. Code Regs., title 1, §100 I 

Q Effective January 1, April1, July 1, or D Effective on filing with o §100ChangesWithout o Effective 

~ October 1 (Gov. Code §11343.4(a)) Secretary of State Regulatory Effect other (Specify) 

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY 

0 Department of Finance (Form STD. 3991 (SAM §6660) 0 Fair Political Practices Commission 0 State Fire Marshal 

D Other (Specify) 

I 

TELEPHONE NUMBER 

(916) 445-9564 

7. CONTACT PERSON 

Trini Balcazar, Regulations Coordinator 

FAX NIJMBER (Optional) 

(916) 322-3928 

E-MAIL ADDRESS (Optional) 

tbalcaza@arb.ca.gov 

8. I certify that the attached copy of the regulation(s} is a true and correct copy 

For use by Office of Administrative Law (OAL) only 

of th regulation(s) identified on this form, that the information specified on this form 

is ~e and correct, ~ndthat 1am the head of the agency taking this action, 

or a designee of the' hecJi o'l;fhe agency, and am authorized to make this certification. 

' i 

ENDORSED APPROVED 
STATE OF CALIFORNIA !'' \·•: 

NOTICE PUBLICATION/REGULATIC. SUBMISSiot~:;'-'-;:: ,; __ _ 1.:..~· ..::..: £.~ . '·~ ~:~:. ...... 

STD 400(REV 01·2013) (IIEVERSEJ 

INSTRUCTIONS FOR PU:BL.I"CAT&QN:O·FN.OTICE 

AND SUBMISSlON OF REGULATIONS 

Use the form STD. 400 for submitting notices for publication and regulations for Office of Administrative Law (OAL) review. 

ALL FILINGS 

Enter the name of the agency with the ru lemaking authority and 

agency's file number, if any. 

NOTICES 

Complete Part A when submitting a notice to OAL for publication in the California Regulatory Notice Register. Submit two 

'(2) copies ofthe STD. 400 with four (4) copies of the notice 

and, if a notice of proposed regulatory action, one copy each of 

the complete text of the regulations and the statement of 

reasons. Upon receipt of the notice, OAL will place a·t1tim'I.Yei· in' 

the box marked "Notice File Number." Tfthe notice is approved, 

OAL will return the STD. 400 with a copy of the 11dtice and 

will check "Approveo as Submitted" or "Appto'vetl as 

Modified.'1 Ifthe'nbtice is disapproved or withdrawn, that will 

also be indic~t~d· in the-space marked i'J\ctiotiori'Propds·e·d 

Notice." Please submit a new fonn STD. 400 when 

resubmitting the notice. 

REGULATIONS 

When submitting regulations to OAL for review, fill out STD. 

400,-Pmt-B. -Use the.fonn that was previously submitted with 

the notice of proposed regulatory action which contains the 

"Notice File Number" assigned, or, if a new STD. 400 is used, 

please include the previously assigned number in the box 

marked "Notice Fi \e Number." In filling out Part B, be sure to 

complete the certification including the date signed, the title and 

typed name of the signatory. The following must be submitted 

when filing regulations: se-ven (7) c0pies of the regulations 

with a copy ofthe STD. 400 attached to the front of each (one 

copy must bear an· original signature on the certification) and 

the complete rulemaking file with index and sworn statement. 

(See Gov. Code§ 11347.3 for rulemaking file contents.) 

RESUBMITTAL OF DISAPPROVED OR WITHDRAWN 

REGULATIONS 

When resubmitting previously dis'approved or withdrawn regulations to OAL for review, use a new STD. 400 and fill out Part 

B, including the signed certification. Enter the OAL file 

number(s) of all previously disapproved or withdrawn filings in 

the box marked "All Previous Related OAL Regulatory Action 

Number(s)" (box lb. ofPart 8). Submit seven (7) copies of the 

regulation to OAL with a copy of the STD. 400 attached to the 

front of each (one copy must bear an original signature on the 

certific~tiOn). · Be sure to include an indeX', swor11 statement, 

and (if returned to the agency) the complete rulemaking file. 

(See Gov. Code§§ 11349.4 and 11347.3 for more sp~6i'fic ·· 

requirements.) 

EMERGENCY REGULATIONS 

Fill out only Part B. including the signed certification. ancl 

submit seven (7) copies of the regulations with a copy of' the 

STD. 400 attached to the front of each (one copy 111 ust bear an 

original signature on the certification). (See Gov. Code 

§I 1346.1 for other requirements.) 

NOTICE FOLLOWING EMERGENGY: AC'f.lQN. 

When submitting a notice of proposed regulatory actiol1 after an 

emergency filing, use a new STD. 400 and complete Part A 

and iri~ert the'OAL.file' nuh1ber(s) for the ot'iginai e;nefge'ncy 

filing(s) in the box marked "All Previous Related OAL 

Regulatory Action Number(s)" (box lb. ofPatt B). OAL Will 

retilrn the STD. 400 with the notice upon approval or 

disappro\fal. If the notice is disapproved, please fill out a new 

form when resubmitting for publication. 

· ;;.GER-'1;'{FJCAJE,(i):f,.·,GPMP;L:4*~0E! :.'';;" ,, ~· · i('; ;: -· ;,, ., , 

When·filingthe certificate of compliance fo~ emergency regulations, fill out Part B, including the signed c~rtifica~ion, on the 

form that was previously submitted_wit~'tl1i ndtlce. If a new 

STEl; 400 is used, fill in Pmt B induding-the;·signed 

cettification, and enter the previously assig1;1ecj.,p<;>tiq~ 'f.ii.te 

number in the box marked "Notice File·Nurnber'.1 atthe:top,of 

the form. The materials indicated in these instructions ;for· 

"REGULATIONS'; must al~d He subrriitteoP '", t. · •. -.. 

EMERGENCY REGULATIONS- READOPTION 

When submitting previously approved emergency regulations 

for readoption, use a new STD. 400 and fill out Part B, 

ii1cluding the signed ce1tification, and insert the OAL file 

number(s) related to the original emergency filing in the box. 

marked "All Previous Related OAL Regulatory Action Number 

(s)" (box lb. of Part B). 

CHANGES WTtH<)UT REGULATORY EFFECT 

When submitting changes without regulatory effect pursuant to 

California Code of Regulations, Title I, section 100, 'complete 

Part 8, including marking the appropriate box in both 8.3. and 

8.5. . 

ABBREVIATIONS 

Cal. Code Regs.- California Code of Regulations 

Gov. Code- Government Code 

SAM - State Administrative Manual 

For questions regarding this form or the procedur~ for filing notices or submitting regulations to o:A.C for review, please contact the 

Office of Administrative Law Reference Attorney at(916) 323~6815. . '