The Attorney General requested expedited review by the Office of Administrative Law and asked that the regulations become effective upon filing with the Secretary of State.

On June 1, 2020, the Office of the California Attorney General ("AG") submitted the final rulemaking record under the California Consumer Privacy Act ("CCPA") to the California Office of Administrative Law ("OAL"). The record includes, among other documents, the final text of the proposed CCPA regulations and the Final Statement of Reasons, which summarizes and responds to each public comment received and explains the bases for the regulations. The final text of the proposed CCPA regulations submitted to OAL remains unchanged from the AG's most recent modifications, which we previously discussed in "California Attorney General Releases Second Set of Modifications to the Proposed CCPA Regulations." The OAL must review the rulemaking record for procedural compliance with the California Administrative Procedure Act ("APA") before the regulations can be approved and filed with the Secretary of State.

Typically, the OAL has 30 working days to determine whether the record satisfies the procedural requirements of the APA. However, in light of the COVID-19 pandemic, the OAL has an additional 60 calendar days for review under Executive Order N-40-20.

In California, regulations generally become effective on one of four prescribed dates, which is dictated by the date they are filed with the Secretary of State. However, the AG's Office requested that the OAL perform an expedited review (within 30 working days) and that the regulations become effective upon filing with the Secretary of State.

Despite uncertainty regarding the effective date of the final regulations, the AG reiterated that his office remains committed to enforcing the CCPA beginning July 1, 2020. Businesses subject to the CCPA may consider updating their privacy program with these proposed final regulations in mind while they are pending OAL review and approval.