Adopted Pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) (Title 11, Division 4)
The Attorney General has amended Title 11, Division 4, of the California Code of Regulations concerning Proposition 65 enforcement actions brought by private parties. Specifically, the Attorney General has amended Chapter 1, sections 3000 through 3008; amended Chapter 3, sections 3201 through 3204; and renumbered Chapter 3, section 3204, as section 3205. These amendments affect settlement terms, penalty amounts, and attorney's fees in civil actions filed by private persons in the public interest pursuant to Proposition 65, codified at Health and Safety Code §§ 25249.5-25249.13; § 25180.7; and § 25192.
The Office of Administrative Law (OAL) filed the final rulemaking with the Secretary of State on August 31, 2016. It was published in the California Regulatory Notice Register on September 9, 2016. The amended regulations take effect October 1, 2016.
Links to the amended regulatory text and to documents in the rulemaking record are below. Additional documents in the rulemaking record may be obtained by contacting Trish Gerken in the Office of the Attorney General:
Trish Gerken
Senior Legal Analyst
Office of the Attorney General
2550 Mariposa Mall, Rm. 5090
Fresno, CA 93721
Fax: (559) 488-7387
E-mail: Trish.Gerken@doj.ca.gov
Documents
- Final Text of Regulations, pdf
- Final Statement of Reasons, pdf
- Notice of Corrected Dates in FSOR, pdf
- Notice of Approval of Regulatory Action (OAL), pdf
- Table of Contents, Administrative Record , pdf
- Notice of Modification – Notice of Modification of Text, pdf
- Regulatory Text – Proposed Text with Modifications, pdf
- Transcript of Public Hearing, November 9, 2015, pdf
- Notice of Proposed Rulemaking, pdf
- Proposed Text of Amended Regulations, pdf
- Initial Statement of Reasons, pdf
- Economic and Fiscal Impact Statement (STD-399), pdf
- Notice Publication/Regulations Submission (STD-400), pdf
Public Comments Received
- Alliance For Natural Health - Exemplar of Form Comments, pdf
- Alliance For Natural Health - Adams, October 6, 2015, pdf
- Alliance For Natural Health - Gillian Anderson, October 7, 2015, pdf
- Alliance For Natural Health - Robert Cerello, October 6, 2015, pdf
- Alliance For Natural Health - Lynndi Scott, October 6, 2015, pdf
- Alliance For Natural Health - Victoria Sievers, October 8, 2015, pdf
- Environmental Research Center Inc. - Heptinstall, October 8, 2015, pdf
- California Chamber of Commerce - Anthony Samson 110515, pdf
- Harbor City Chamber of Commerce - Joeann Valle 110415, pdf
- Morrison Foerster - Robert Falk 110615, pdf
- Torrance Chamber of Commerce - Donna Duperron 110515, pdf
- Chanler - Clifford Chanler 110615, pdf
- Los Angeles Area Chamber of Commerce - Gary Tobben 110615, pdf
- American Chemistry Council - Dell Perelman 110915, pdf
- Center for Environmental Health - Caroline Cox 110915, pdf
- Environmental Research Center - Chris Heptinstall 110915, pdf
- NAIMA - Angus Crane 110915, pdf
- Sedgwick - Carol Brophy 110915, pdf
- CDA - Brianna Pittman 110915, pdf
- Archer Norris - Peter McGaw 110915, pdf
- ArcherNorris - Peter McGaw 110915 Corrected, pdf
- Yeroushalmi & Yeroushalmi - Peter Sato 111015, pdf
- Center for Environmental Health - Caroline Cox 021916, pdf
- NAIMA - Angus Crane 021916, pdf
- California Chamber of Commerce - Anthony Samson 022616, pdf
- Yeroushalmi & Yeroushalmi - Peter Sato 022616, pdf