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The Commission and other state agencies that propose green building standards shall allow for input by other state agencies that have expertise in green building subject areas but do not have the statutory authority to propose green building standards. The process for making recommended changes to proposing state agencies shall align with an 18-month code adoption cycle (triennial or intervening) and the proposing state agency's rulemaking schedule as follows:
  1. Timing for submittal. The timing for receipt of recommended changes shall be determined by the state agency that has statutory authority to propose green building standards for a specific occupancy. Pursuant to 1-403(a)(2), prior to commencing the development of proposed building standards, proposing state agencies shall notify all interested parties that building standards are to be developed, and solicit suggestions and a means for participation.
  2. Mandatory or voluntary standards. The state agency recommending changes shall specify whether the recommended changes are intended to be mandatory or voluntary green building standards, and shall indicate, to the extent possible, if a recommended voluntary green building measure should be considered for possible adoption as a mandatory measure within the two subsequent adoption cycles. The proposing state agency shall determine if a recommended green building standard will be proposed as a mandatory or voluntary measure.
  3. Submittal documents. Submittal documents shall be submitted as a complete package and shall include, but are not limited to, all of the following:
    1. Recommended regulatory text for new green building standards or revisions to existing green building standards, in strikeout/underline format;
    2. Rationale that clearly explains the specific purpose and the need for the changes including the basis for recommending that the items be considered for adoption as mandatory or voluntary green building standards;
    3. Fiscal and economic analysis and supporting documentation in a format specified by the proposing state agency, which shall include the cost of compliance;
    4. Verifiable and appropriate technical analysis, data or other information in support of the recommended changes including information on product availability. Data or information shall include, but is not limited to, copies of reports, findings, data relied upon or other materials and analyses;
    5. Certification by the state agency suggesting the recommended changes that the content of the aforementioned submittal documents are true and accurate; and
    6. Any additional information as requested by the proposing state agency.
  4. Availability to the public. The proposing state agency, in complying with the provisions of Section 1-403 and having determined to propose the recommended changes as building standards, shall make the proposals available to interested groups, persons expressing interest, and the public pursuant to Government Code §§11346.45 and 11347.1.
  5. State agency declines to proceed. The proposing state agency may decline to proceed with recommended changes from the suggesting state agency with expertise in green building subject areas due to any of, including but not limited to, the following circumstances:
    1. Recommended changes conflict with the proposing state agency's mission, stated goals and/or other mission critical program requirements;
    2. The suggesting state agency has failed to provide the submittal documents as required;
    3. The suggesting state agency provides data, analysis or information that is flawed or otherwise determined by the proposing state agency to be unusable in-whole or in-part;
    4. The suggesting state agency fails to provide a complete package of submittal documents within the timeframe directed by the proposing state agency in order to appropriately advance the suggested changes during the subject rulemaking cycle; and
    5. Any other reason as determined by the proposing state agency.
  6. Rulemaking participation. When the proposing state agency determines that it will accept and advance a recommended change submitted by a state agency with expertise in green building subject areas during a rulemaking code adoption cycle, the state agency that submitted the recommended change shall be notified in writing of the acceptance within 30 days of receipt of the submittal documents.
    The written notification of receipt of submittal documents shall identify any assistance the proposing state agency may require from the suggesting state agency during the rulemaking process. This may include, but is not limited to contributions and participation in pre-cycle workshops or focus group meetings, development of proposed express terms and statement of reasons, providing research or documentation needed to support the suggested changes and comply with the requirements of the initial statement of reasons, and the State of California Department of Finance Economic and Fiscal Impact Statement (Std. 399), code advisory committee presentations, and/or presenting the proposed code change before the Commission. The proposing state agency may request other documentation as necessary to comply with the rulemaking process.
Authority: Health and Safety Code Sections 18929.1, 18930.5 and 18934.
Reference: Government Code Section 11346.45, Health and Safety Code Sections 18929.1, 18930.5 and 18934.

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