SIGNATURE REQUIRED FOR FISCAL IMPACT STATEMENT (FIS) - 6614

A state agency adopting, amending, or repealing a routine or emergency regulation shall use the STD. 399 to make a determination and develop an estimate of that proposed regulation's fiscal impact on local governments. The Fiscal Impact Statement section of the STD. 399 must be completed and signed by the agency when a notice of proposed action is submitted for publication in the California Regulatory Notice Register. If the proposed regulation is modified and this modification would cause a change to the fiscal impact of the proposed regulation after the STD. 399 was submitted to Finance and signed, an updated STD. 399 must be submitted to Finance. The STD. 399 and related documents must be submitted in the agency’s rulemaking file for the proposed action.

The STD. 399 must be approved and signed by (1) the Agency fiscal officer and (2) the Agency Secretary; the highest ranking official in the state agency, if it is not under an Agency Secretary; or a designee having a written delegation from the Agency Secretary or the highest ranking official before it is submitted to OAL. Prior to submitting an emergency regulation to OAL, a Finance signature on the STD. 399 is not required. In accordance with Government Code section 11346.1, a Finance signature is required when the agency submits to OAL the rulemaking file and certification stating compliance with Government Code sections 11346.2 to 11347.3.

A Finance Program Budget Manager (PBM) or designee signature is required when the Fiscal Impact Statement on the STD. 399 reflects either costs or savings, whether budgeted or not. The estimate in a STD. 399 that is signed by the agency must reflect the actual language of the proposed regulation adopted by the agency. A PBM signature reflects a concurrence that the estimates provided on the STD. 399 are an accurate estimation of the fiscal impact of the proposed regulation. A PBM signature does not reflect a policy endorsement of the regulation itself, a concurrence that the proposed regulation is the most cost-effective option, or an approval to submit a Budget Change Proposal (BCP) to address any identified fiscal impact. Any estimated budget costs or savings must be addressed through the annual budget development and BCP process.

If a proposed regulation is determined to be a major regulation, comments submitted by Finance relating to the required Standardized Regulatory Impact Assessment (SRIA) and a PBM’s signature on the STD. 399 do not reflect an endorsement of the SRIA or of the proposed major regulation.