State Attorney General Proposes Final Regulations in Connection with California Consumer Protection Act

The California Attorney General’s Office (California AG) submitted final proposed regulations (Regulations) under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (CA OAL) on June 1, 2020. The submission marks the culmination of a lengthy process that began in October 2019, during which the California AG issued multiple draft versions of proposed regulations for public notice and comment.

The package submitted to the CA OAL also contained a Final Statement of Reasons that explains changes from the prior drafts of the regulations (Submission Package). The CA OAL typically has 30 working days during which to review a Submission Package for consistency with the California Administrative Procedure Act; however, due to an Executive Order issued by California Governor Gavin Newsom on March 30, 2020 related to the COVID-19 pandemic, the CA OAL will have an additional 60 calendar days, beyond the initial 30 working-day period, to review the Submission Package.

The California AG nonetheless has requested that the CA OAL engage in an expedited review of the Regulations during the traditional 30 working-day period. Once approved by the CA OAL, the Regulations will be filed with the California Secretary of State and become enforceable by law. It is unclear whether the Regulations will be approved before the July 1, 2020 CCPA enforcement date.