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Emergency Suspension of SBX2-9/CMU Regulations (Title 8 CCR, sections 16450 – 16464)

November 4, 2010 – December 31, 2011

 

By notice dated November 4, 2010, the Office of Administrative Law approved emergency regulations to suspend the effect of the new SBX2-9 regulations and operation of the Compliance Monitoring Unit (“CMU”). It was necessary to take this action in order to allow sales of state public works construction bonds to continue while DIR addresses questions raised by another state agency concerning the legality of the CMU fees for bond-funded projects. The emergency regulations will remain in effect until May 4, 2011, unless extended or replaced by permanent regulations.


On May 2, 2011, the Office of Administrative Law approved the Department’s request to suspend the SBX2-9 regulations for an additional 90 days through August 2, 2011.


On August 1, 2011, the Office of Administrative Law approved the Department’s request to suspend the SBX2-9 regulations for an additional 90 days to November 1, 2011. This is the final extension, and the emergency repeal will expire on November 1, 2011 unless permanent replacement regulations are adopted and submitted for approval by OAL by no later than October 31, 2011.

  • Notice of Second Proposed Extension of Emergency Action acrobat image version
  • Updated Emergency Regulatory Text acrobat image version
  • OAL Notice of Approval of 2nd Extension acrobat image version

Emergency Rulemaking and Suspension of SBX2-9 Regulations concluded.  CMU to become operational on January 1, 2012.

The emergency rulemaking concluded with the filing of a Certificate of Compliance with the Office of Administrative Law on October 27, 2011, and the submission of replacement regulations adopted through a regular rulemaking.  The replacement regulations were approved on December 7, 2011, and will become effective on January 1, 2012.  The CMU will also begin operations on that date.