The Final Proposed CCPA Regulations Are In; the Enforcement Is Likely to Commence by Mid-July

On June 1, 2020, the California Attorney General submitted the final proposed Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL).   The Attorney General has also published a Final Statement of Reasons accompanying the Regulations.

Before the proposed regulations take effect in California, they must be submitted for review by the OAL and then filed with the Secretary of State.  California regulations generally become effective on one of four quarterly dates based on when the final regulations are filed with the Secretary of State.  Thus, absent expedited review, to become effective on July 1, 2020, the CCPA Regulations should have been reviewed by the OAL and filed with the Secretary of State by June 1.

The OAL now has 30 working days, plus an additional 60 calendar days under the Executive Order N-40-20 related to the COVID-19 pandemic, to review the package for procedural compliance with the California Administrative Procedure Act.

However, in the Written Justification for Earlier Effective Date and Request for Expedited Review, the Attorney General’s Office requested the OAL to conduct an expedited review and that the Regulations become effective upon the filing with the Secretary of State.  Specifically, the Attorney General requested that the OAL complete its review within 30 business days, given the CCPA’s mandate that the “Attorney General adopt initial regulations by July 1, 2020.”  If the OAL takes the entire 30 working day period to review, however, it would complete the review only by July 13.

The Request for Expedited Review further provides that “once approved by the OAL, the final regulation text will be filed with the Secretary of State and become enforceable by law.”  Assuming that the OAL review is complete and the final regulations are filed with the Secretary of State sometime by July 13, 2020, the Attorney General will be in position to enforce the CCPA and the Regulations at that time.

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