Cal. Codes » Government Code / TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA / DIVISION 3. EXECUTIVE DEPARTMENT / PART 1. STATE DEPARTMENTS AND AGENCIES / CHAPTER 3.5. Administrative Regulations and Rulemaking / ARTICLE 5. Public Participation: Procedure for Adoption of Regulations
California Codes

Cal. Government Code § 11346.9 (2026)

Public Participation: Procedure for Adoption of Regulations

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

Every agency subject to this chapter shall do the following:

(a)Prepare and submit to the office with the adopted regulation a final statement of reasons that shall include all of the following:

(1)An update of the information contained in the initial statement of reasons. If the update identifies any data or any technical, theoretical or empirical study, report, or similar document on which the agency is relying in proposing the adoption, amendment, or repeal of a regulation that was not identified in the initial statement of reasons, or which was otherwise not identified or made available for public review prior to the close of the public comment period, the agency shall comply with Section 11347.1.

(2)A determination as to whether adoption, amendment, or repeal of the regulation imposes a mandate on local agencies or school districts. If the determination is that adoption, amendment, or repeal of the regulation would impose a local mandate, the agency shall state whether the mandate is reimbursable pursuant to Part 7 (commencing with Section 17500) of Division 4. If the agency finds that the mandate is not reimbursable, it shall state the reasons for that finding.

(3)A summary of each objection or recommendation made regarding the specific adoption, amendment, or repeal proposed, together with an explanation of how the proposed action has been changed to accommodate each objection or recommendation, or the reasons for making no change. This requirement applies only to objections or recommendations specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action. The agency may aggregate and summarize repetitive or irrelevant comments as a group, and may respond to repetitive comments or summarily dismiss irrelevant comments as a group. For the purposes of this paragraph, a comment is “irrelevant” if it is not specifically directed at the agency’s proposed action or to the procedures followed by the agency in proposing or adopting the action.

(4)A determination with supporting information that no alternative considered by the agency would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. For a major regulation, as defined by Section 11342.548 proposed on or after November 1, 2013, the determination shall be based, in part, upon the standardized regulatory impact analysis of the proposed regulation and, in part, upon the statement of benefits identified in subparagraph (C) of paragraph (3) of subdivision (a) of Section 11346.5.

(5)An explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses. The agency shall include, as supporting information, the standardized regulatory impact analysis for a major regulation, if required by subdivision (c) of Section 11346.3, as well as the benefits of the proposed regulation identified pursuant to paragraph (3) of subdivision (a) of Section 11346.5.

(b)Prepare and submit to the office with the adopted regulation an updated informative digest containing a clear and concise summary of the immediately preceding laws and regulations, if any, relating directly to the adopted, amended, or repealed regulation and the effect of the adopted, amended, or repealed regulation. The informative digest shall be drafted in a format similar to the Legislative Counsel’s Digest on legislative bills.

(c)A state agency that adopts or amends a regulation mandated by federal law or regulations, the provisions of which are identical to a previously adopted or amended federal regulation, shall be deemed to have complied with this section if a statement to the effect that a federally mandated regulation or amendment to a regulation is being proposed, together with a citation to where an explanation of the provisions of the regulation can be found, is included in the notice of proposed adoption or amendment prepared pursuant to Section 11346.5. However, the agency shall comply fully with this chapter with respect to any provisions in the regulation which the agency proposes to adopt or amend that are different from the corresponding provisions of the federal regulation.

(d)If an agency determines that a requirement of this section can be satisfied by reference to an agency statement made pursuant to Sections 11346.2 to 11346.5, inclusive, the agency may satisfy the requirement by incorporating the relevant statement by reference.

Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 2003–2026 · leading case: W. States Petroleum etc. v. State Bd. of Equalization, 304 P.3d 188 (Cal. 2013).
Sort: Relevance Newest Treatment
W. States Petroleum etc. v. State Bd. of Equalization, 304 P.3d 188 (Cal. 2013). · cites it 6× “‖ (Gov. Code, § 11346.9, subd. (a)(1).) ―If the update identifies any data or any technical, theoretical or empirical study, report, or similar document on which the agency is relying in proposing the adoption, amendment, or repeal of a regulation that was not identified in the…”
Ass'n of California Ins. Companies v. Jones, 386 P.3d 1188 (Cal. 2017). “(Gov. Code, § 11346.9.) The Commissioner also identified the specific statutes authorizing adoption of the regulations and listed the statutory provisions "being implemented, interpreted, or made specific" by each section of the regulations.”
Coastside Fishing Club v. California Fish & Game Comm'n, 215 Cal. App. 4th 397 (Cal. Ct. App. 2013). “14 Government Code section 11346.9, subdivision (a)(3), requires an agency’s final statement of reasons for adopting, amending, or repealing a regulation to include: “A summary of each objection or recommendation made regarding the specific adoption, amendment, or repeal…”
Indep. Roofing Contractors v. California Apprenticeship Council, 114 Cal. App. 4th 1330 (Cal. Ct. App. 2003). “) In the Council’s final statement of reasons for promulgating the amendment (Gov. Code, § 11346.9), it noted there had been “uncertainty about the circumstances in which a program’s standards may be revised to change the geographical recruitment area.”
Mateel Envtl. Just. Found. v. Off. of Envtl. Health Hazard Assessment, 24 Cal. App. 5th 220 (Cal. Ct. App. 2018). “" Blood lead levels are commonly expressed in terms of the number of micrograms per deciliter of whole blood (μg/dL), though OSHA often uses "μg/100g" or "μg/100 ml.”
Am. Chemistry Council v. Dept. of Toxic Substances Control, 86 Cal. App. 5th 146 (Cal. Ct. App. 2022). · cites it 3× “(Gov. Code, § 11346.9, subd. (a)(4).) Looking first at the economic impact assessment, a “state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals,…”
Am. Chemistry Council v. Dept. of Toxic Substances Control, No. F082604 (Cal. Ct. App. Dec. 12, 2022). · cites it 3× “(Gov. Code, § 11346.9, subd. (a)(4).) Looking first at the economic impact assessment, a “state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals,…”
Wendz v. Dept. of Educ., 93 Cal. App. 5th 607 (Cal. Ct. App. 2023). · cites it 3× “) Third, and relatedly, Wendz argues that the Superintendent’s final statement of reasons failed to describe and justifiably reject reasonable alternatives presented to him through the notice-and-comment period.”
Associated Gen. Contractors etc. v. Dept. of Indus. Relations, 108 Cal. App. 5th 243 (Cal. Ct. App. 2025). · cites it 3× “(Gov. Code, § 11346.9, subd. (a); John R. Lawson Rock & Oil, Inc.”
Cal. Nat. Gas Veh. Coalition v. State Air Resources Bd., 105 Cal. App. 5th 304 (Cal. Ct. App. 2024). · cites it 2× “” (Gov. Code, § 11346.9, subd. (a)(4).) Relatedly, the agency must submit an “explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses.”
Cal. Nat. Gas Veh. Coalition v. State Air Resources Bd., 105 Cal. App. 5th 304 (Cal. Ct. App. 2024). · cites it 2× “” (Gov. Code, § 11346.9, subd. (a)(4).) Relatedly, the agency must submit an “explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses.”
Mateel Env't etc. v. Off. of Env't Health etc., No. A148711 (Cal. Ct. App. June 5, 2018). “” 7 “Government Code section 11346.9 requires agencies to prepare and submit with all adopted regulations a ‘final statement of reasons.”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.