Statewide Portable Equipment Registration Program

This page last reviewed May 28, 2008

RULEMAKING ON THE ADOPTION OF PROPOSED AMENDMENTS TO THE REGULATION FOR THE STATEWIDE PORTABLE EQUIPMENT REGISTRATION PROGRAM (February 26, 2004)

The resubmitted rulemaking package was approved by OAL on August 3, 2005 and filed with the Secretary of the State. The regulation will become effective on September 9, 2005.

Posted on June 21, 2005: See the "ADOPTED REGULATIONS AND MATERIALS SUBMITTED TO OAL" section below.

Posted on May 5, 2005: See the "SUPPLEMENTAL THIRD 15-DAY NOTICE" section below.

Posted on March 9, 2005:

Office of Administrative Law's February 25, 2005 "Decision of Disapproval" (PDF - 756K)

On February 9, 2005, the Office of Administrative Law (OAL) issued the above notice
disapproving the proposed amendments to the Statewide Portable Equipment Registration
Program regulation for the following reasons:

"The changes are unclear."

"The Board's responses to public comments that were submitted to it concerning the proposed changes are inadequate."

Pursuant to Government Code Section 11349.3(b), OAL will be issuing a written opinion detailing
the reasons for its disapproval by June 25, 2005.

Although OAL has not yet identified the specific respects in which it believes the regulatory action
did not comply with applicable requirements, OAL's action is clearly based on procedural grounds
only. ARB expects that it will be able to remedy the procedural deficiencies identified and resubmit
a final set of amendments to OAL within the 120-day period specified in Government Code
Section 11349.4(a). Under Government Code Section 11349.4(b), OAL reviews a resubmitted
regulatory action only for those reasons expressly identified in its earlier disapproval opinion, or for
issues arising as a result of changes to the regulatory provisions.

Posted June 21, 2005:

The additional documents were submitted to OAL on June 21, 2005. OAL has until August 3, 2005 to make a determination.

Additional Documents Added to the Resubmittal Package:

• Final Regulation Order ~ Amend Article 5, sections 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 2460, 2461, 2462, 2463, 2464, 2465, 2460, 2461, 2462, 2463, 2464, 2465, and Repeal section 2466, Title 13, California Code of Regulations (PDF - 211K)
• Revised PERP Memo (PDF - 69K)
• Executive Order R-05-004 (PDF - 55K)
• Addendum to the Final Statement of Reasons (PDF - 69K)

Posted January 10, 2005:

The Final Rulemaking Package was submitted to OAL on January 7, 2005. OAL has until February 22, 2005 to make a determination.

Final Regulation Order ~ Amend Article 5, sections 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 2460, 2461, 2462, 2463, 2464, 2465, 2460, 2461, 2462, 2463, 2464, 2465, and
Repeal section 2466, Title 13, California Code of Regulations (MSW97 - 465K) or (PDF - 116K)

Final Statement of Reasons (FSOR) (MSW97 - 123K) or (PDF - 64K)

Updated Informative Digest (MSW97 - 38K) or (PDF - 17K)

Executive Order G-04-076 (PDF - 60K)

A business or person submitting a comment to a proposed regulation or proposed amendment or repeal of a regulation or any person who specifically request it has the right to request a copy of the Final Statement of Reasons (FSOR). Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons, or may be obtained in electronic form from this web page.

Posted May 5, 2005: Notice of Public Availability of Modified Text;

May 21, 2005 Deadline for Public Comment (HTML) or (PDF - 129K)

Posted December 17, 2004: Notice of Public Availability of Modified Text;

January 1, 2005 Deadline for Public Comment (HTML) or (MSW97 - 39K) or (PDF - 28K)

Resolution 04-8 (MSW97 - 29K) or (PDF - 12K)

Posted May 12, 2004: Notice of Public Availability of Modified Text; June 1, 2004
Deadline for Public Comment (HTML) or (MSW97 - 43K) or (PDF - 12K)

• Attachment I: Proposed Amendments to the Statewide Portable Equipment Registration Program (MSW97 - 470K) or (PDF - 126K)
• Attachment II: Resolution 04-8 (MSW97 - 48K) or (PDF - 22K)

• Public Hearing Notice (HTML) or (MSW97 - 48K) or (PDF - 22K)

• Staff Report: Initial Statement of Reasons (ISOR) (MSW97 - 677K) or (PDF - 256K)
  • Appendix A - Proposed Amended Statewide Portable Equipment Registration Program Regulation (MSW97 - 432K) or (PDF - 110K)

Rulemaking Activity for 2004