Article 5 — of Chapter 3.5 of Part 1 of Division 3 of Title 2 of

the Government Code, the Commission shall approve the

documents and notify the state adopting agency in writing within 5 calendar days of the approval. The Commission shall submit the notice of proposed action to the Office of Administrative Law (OAL) for publication in its California Regulatory Notice Register pursuant to OAL’s procedures.

(c) The submitted rulemaking files for adopted building standards and emergency building standards shall contain and comply with the applicable related provisions in Sections 1-415 and 1-419 of this article, as appropriate.

After any hearings, the close of all public comment periods and the state adopting agency receiving approval from its commission, board or other approving body, a final rulemaking file shall be submitted to the Commission. The final rulemaking file shall consist of Items 1 through 17 of Section 1-415 of this article. Each final rulemaking file shall be organized and indexed to identify all items comprising the final rulemaking file.

(d) A representative of the submitting state adopting agency shall be present at the Commission’s public meeting at which approval will be considered. The representative shall do the following:

1. Summarize the adopted building standards or emergency building standards.

2. Summarize the agency’s activities to satisfy requirements for rulemaking.

3. Respond to any questions by the Commission.

Authority: Government Code Section 11346 et seq., and Health and Safety Code Sections 18930 and 18949.6. Reference: Government Code Section 11346 et seq., and Health and Safety Code Sections 18930, 18935, 18937 and 18949.6.

1-421. Change without regulatory effect.

(a) Notwithstanding the rulemaking procedures specified in Article 4 of this chapter, a proposing or adopting agency may add to, revise or delete text published in Title 24 of the California Code of Regulations, with the approval of the Commission, when the change has no regulatory effect as provided in this section.

(b) A proposing or adopting agency acting pursuant to this section on provisions of Title 24 that are also adopted by other state agencies, shall obtain the written concurrence of the other agencies in regard to the change without regulatory effect.

(c) A change without regulatory effect is a change to the provisions of Title 24 that does not impose any new requirement for the design or construction of buildings and associated structures and equipment. A change without regulatory effect may include, but is not limited to:

1. Renumbering, reordering or relocating a regulatory provision;

2. Deleting a regulatory provision for which all statutory or constitutional authority has been repealed;

3. Deleting a regulatory provision held invalid in a judgment that has become final, entered by a California court of competent jurisdiction, a United States District Court located in the State of California, the United States Court of Appeals for the Ninth Circuit, or the United States Supreme Court; however, the Commis

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sion shall not approve any proposed change without regulatory effect if the change is based on a superior court decision which invalidated the regulatory provision solely on the grounds that the underlying statute was unconstitutional;

4. Revising structure, syntax, cross-reference, grammar or punctuation;

5. Changing an “authority” or “reference” citation for a regulation; and

6. Making a regulatory provision consistent with a changed California statute if both of the following conditions are met:

(A) The regulatory provision is inconsistent with

and superseded by the changed statute, and

(B) The state adopting agency or state proposing

agency has no discretion to adopt a change which differs in substance from the one chosen. (d) The rulemaking file for a change without regulatory effect to be submitted to the Commission for adoption or approval, and publication in Title 24 shall include the following:

1. A completed Building Standards Face Sheet (BSC-1) as required by Section 1-415 of this chapter; and

2. Express Terms illustrating the change in the form required by Section 1-415 of this chapter; and

3. A written statement for each section explaining how the change meets the requirements of Subsection (c) above; and

4. Pursuant to Subsection (b) above, a written statement by each state Agency that has adopted the provision being changed, concurring with the regulatory change. All such statements shall be signed by a duly authorized representative of the Agency. (e) The Commission shall make a determination regarding a change submitted pursuant this section within thirty (30) days of its receipt. Within ten (10) days of making a determination, the Commission shall send written notification of the determination to the agency that submitted the change when:

5. The Commission determines that the submitted change meets the requirements of this section for a change without regulatory effect, the regulatory change shall be filed with the Secretary of State and the Commission shall publish the change in Title 24, California Code of Regulations.

6. The Commission determines that the submitted change does not meet the requirements of this section for a change without regulatory effect, or does not comply with the rulemaking requirements of this section, the written determination by the Commission shall provide sufficient itemization of the deficiencies. The agency may correct the rulemaking file for reconsideration by the Commission, or begin proceeding with a regulatory action pursuant to Article 4 of this chapter. (f) An adoption or approval by the Commission of a change without regulatory effect shall be effective 30 days after filing with the Secretary of State. Health and Safety

Code Section 18938(c) establishes the effective date as being 30 days after filing the amendment or repeal by the Commission with the Secretary of State.

Authority: Health and Safety Code Sections 18929.1, 18930, 18931(f) and 18946.6.

Reference: Health and Safety Code Sections 18929.1, 18930, 18931(f) and 18946.6.