(a) The department may adopt guidelines and criteria to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines or criteria pursuant to this section. The department may post a draft of any proposed guidelines or guidelines amendment on its internet website for public review and comment. Adopted guidelines and criteria shall be posted on the department’s internet website.
(b) (1) The department shall provide an opportunity for review and comment on the draft guidelines or guidelines amendment for a reasonable period based on the complexity of the draft guidelines or guidelines amendment, but not less than 30 days. Review and comment shall not be required for annual updates to the fee schedule.
(2) The department shall give notice of the availability of the draft guidelines or guidelines amendment for review and comment to each of the following:
(A) A public agency or federally recognized tribe that has published notice of its intent to create a regional conservation investment strategy.
(B) A person or entity that has submitted a mitigation credit agreement.
(C) A public agency, organization, or individual who has filed a written request to the department for notices regarding draft guidelines.
(Amended by Stats. 2022, Ch. 463, Sec. 7. (AB 2805) Effective January 1, 2023.)