Frequently Asked Questions about Effective Dates of California Regulations

Frequently Asked Questions about Effective Dates of California Regulations By Chris Micheli

            Does California law specify when regulations take effect in this state? Yes, Government Code Section 11343.4, which is part of California’s Administrative Procedure Act (APA), addresses this question.

When does state law determine regulations will take effect? This Gov’t Code section provides that a regulation or an order of repeal required to be filed with the Secretary of State becomes effective on a quarterly basis as follows:

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

·         April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive.

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

·         October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive.

Are there exceptions to the statutory effective dates of regulations? Yes, the above effective dates do not apply in the following instances:

·         The effective date is specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute.

·         A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal.

·         The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date.

·         Certain regulations adopted by the Fish and Game Commission.

Why does state law provide these regulatory effective dates? In California, regulations generally take effect once per quarter, which enables the regulated community to have a more predictable schedule for compliance with state agency rulemaking.

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