Regulatory Action for The
Responsible Beverage Service Training Program Act of 2017
September 24, 2019
OAL Notice File Number: Z-2019-0730-06
Notice of the Extension of the Written Comment Period
Notice of Scheduled Public Hearing on October 11, 2019
The Department of Alcoholic Beverage Control has received multiple requests in the past 24 hours for an extension of the public written comment period noticed on August 9, 2019. Unfortunately, these requests appear to be largely based upon erroneous information, implying that the Department has attempted to rush the regulatory package through the process with no public input.
Throughout this regulatory process, and prior to the promulgation of the proposed regulations, the Department held more than two dozen public stakeholder meetings throughout the state to ensure the regulatory package for the Responsible Beverage Service Training Program Act of 2017 (RBSTPA) meets the needs of stakeholders while following the intent of the Department’s legislative delegation of authority in Business and Professions Code section 25680-25686. The Department widely publicized its proposed regulatory action to ensure as many stakeholders were involved in the creation of the RBSTPA regulations as possible.
The Department held stakeholder meetings in multiple locations throughout the state in September 2018, February 2019, and June 2019, to facilitate the creation of the current regulatory action. Each of these was individually noticed through the Department’s public mailing list. The Department has shared its intent and policy decisions repeatedly with the public during its stakeholder meetings to ensure the burden upon training providers, alcohol servers, and ABC on-premise licensees is minimized while still meeting the intent and requirements instituted by the Legislature under the RBSTPA. Some of the commenters who claim the Department is proceeding on this regulatory action without enough public comment even attended the Department’s previous stakeholder meetings and provided input.
The Department has shared its regulatory action timeline repeatedly since it was finalized in September 2018, because the Department has a statutory obligation under Business and Professions Code section 25681(a) to “develop, implement, and administer a curriculum for an RBS training program that will make RBS training courses available,” on or before January 1, 2020.
In the spirit of cooperation, transparency, and encouraging wide public input, the Department recognizes that under Government Code section 11346.8, the time for public written comment for a regulatory action, by reference to an extension of time for a public hearing, can be extended when “granting the request is practical and does not unduly delay action on the regulation.” The Department has determined that a short extension would allow the Department to meet its statutory obligation while allowing stakeholders an extended time to submit written comments as requested.
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action noticed on August 9, 2019, to ABC. The written comment period is hereby extended and now closes at 5:00pm on October 11, 2019. ABC will consider only comments received at ABC Headquarters by that time. Submit comments to:
Responsible Beverage Service Training Program
Department of Alcoholic Beverage Control
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Comments may also be submitted by email to RBSTPComments@abc.ca.gov.
The Department also received an untimely request for a public hearing on September 20, 2019. The Department’s Notice published on August 9, 2019, established that any request for public hearing on this regulatory action would need to be submitted prior to 12:00pm on September 9, 2019. The Department considered its previous extensive stakeholder meetings both specifically regarding the regulatory package and in general Departmental stakeholder meetings as enough unless a request was made.
Notwithstanding this, the Department recognizes its authority to set a public hearing even based on an untimely request. Therefore, the Department hereby posts and notifies its stakeholders of a public hearing to be held at:
The Department of Alcoholic Beverage Control
3927 Lennane Drive
ABC Large Conference Room
Sacramento, CA 95834
October 11, 2019
10:00am – 4:00pm
The Department is committed to continue to work with its stakeholders to ensure the implementation and rollout of the RBSTPA regulatory action is both seamless and as easy as possible for all parties involved.
View a list of the meetings that have been held to learn about the RBS Training Program.