California Regulatory Notice Register — Register 2024, No. 50-Z (DECEMBER 13, 2024)
Cal. Reg. Notice Reg. 2024, No. 50
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 50–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 13, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Cost of Living Adjustment — Notice File Number Z2024–1203–03 ........................................ 1637 TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Trust Applications — Notice File Number Z2024–1203–02 .............................................. 1638 TITLE 9.
DEPARTMENT OF STATE HOSPITALS Entry Into Patient Rooms and Observation Rounds — Notice File Number Z2024–1202–01 .................... 1640 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Specifies, Research on Ringtail .................................... 1644
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1644 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $372.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1637 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. FA IR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission (the Commission), under the authority vested in it by the Political Reform Act (the Act) 1 by
Section 83112 of the Government Code proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tions at a public hearing on or after January 16, 2025, at the offices of the Fair Political Practices Commis - sion, 1102 Q Street, Suite 3050, Sacramento, Califor - nia, commencing at approximately 10:00 a.m. Written comments should be received at the Commission offic- es no later than 5:00 p.m. on January 14, 2025. BACKGROUND/OVERVIEW
(1) Biennial Cost of Living Adjustment for Campaign Contribution Limits, Voluntary Expenditure Ceilings, and State Officeholder Contribution Limits: Adoption of Amendments to Regulation 18545. Regulation 18545 contains the current campaign contribution limits, voluntary expenditure ceiling amounts, and state officeholder contribution limits. Sections 83124, 85301(d) (1), 85316(b) (4), and 89503(
f) of the Act, charge the Commission with making a bi - ennial cost of living adjustment to limit amounts in order to reflect changes in the Consumer Price In - dex (“CPI”). The California Department of Finance (“DOF”) provides the forecast and actual annual Cal - ifornia CPI for All Urban Consumers, which is based upon U.S. Bureau of Labor Statistics. (Section 82001, Regulation 18544(c).) This amendment makes the cost of living adjust - ments for the period of January 1, 2025 through De - cember 31, 2026.
The adjustments are based on “the Department of Finance Consumer Price Index Fore - 1 The Political Reform Act is contained in Government Code sections 81000 through 91014. All further statutory references are to the Government Code.
The regulations of the Fair Political Practices Commission are contained in sections 18104 through 18998 of Title 2 of the California Code of Regulations (hereafter Regulation). cast, May Revise, annual California Consumer Price Index for All Urban Consumers, for the calendar year immediately preceding the year in which the adjust - ment is to take effect.” (Regulation 18544(c).) The DOF CPI Forecast, May Revise, prepared in April 2024, lists the 2024 annual forecast California CPI as “342.8.” 2
(2) Biennial Gift Limit Adjustments: Adoption of Amendments to Regulations 18700, 18730, and 18940.2.
Section 89503 establishes a gift limit for public offi- cials and
Section 87100 et seq. prohibits officials from taking
part in certain decisions with a financial effect on a source of any gift exceeding the gift limit. The gift limit must be adjusted biennially by the Commis - sion to reflect changes to the California CPI. (Sections 87103(
e) and 89503(f).) Regulation 18940.2 provides the adjusted gift limit, and Regulations 18700 and 18730 both reference the limit. REGULATORY ACTION Amend 2 Cal. Code Regs.
Section 18545 : The pro - posed amendments to Regulation 18545 reflect the adjusted campaign contribution limits, voluntary ex - penditure ceilings, and state officeholder contribution limits for the period of January 1, 2025, through De - cember 31, 2026. Amend 2 Cal. Code Regs. Sections 18700, 18730, 18940.2. The proposed amendments reflect the adjust- ment of the gift limit from $590 to $630 for the period of January 1, 2025, through December 31, 2026.
SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im - plement its decisions concerning the issues identi - fied above or related issues. The Commission may de- lete provisions, adopt the language noticed herein, or choose new language to implement its policy regard - ing implementation of the CPI adjustments. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regula- tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula- tion will have no fiscal impact on any state entity or program.
Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on the federal funding of any state program or entity. 2 A f o r e c as t ann ua l C P I i s us e d d u e t o th e f a c t th a t th e a c tu- al CPI for a given year is not available until mid–January of the following year. See https://dof.ca.gov/forecasting/economics/ economic–forecasts–u–s–and–california/ CPI–U all items for 2024, for the relevant CPI figure.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1638 AUTHORITY Government Code
Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Political Reform Act. REFERENCE The purpose of this regulation is to implement, in - terpret, and make specific Government Code Sections 82028, 83124, 85301, 85302, 85303, 85316, 85400, 87100, 87103, 87300–87302, 89502, 89503 and 89506. CONTACT Any inquiries should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; telephone 279– 237–3755.
The proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/ fppc–regulations/proposed–regulations–and–notices. html. TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TRUST APPLICATIONS The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING ABC has not scheduled a public hearing on this pro- posed action.
However, ABC will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized repre - sentative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to ABC. The written comment period begins on December 13, 2024, and closes at 12:00 p.m. on January 28, 2025. ABC will consider only comments received at ABC Headquar - ters by that time.
Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Comments may also be submitted by email to rpu@abc.ca.gov, please include “Trusts” in the subject line of your email. AUTHORITY AND REFERENCE Authority cited:
Section 25750, Business and Pro - fessions Code;
Section 22
Article XX California Constitution Reference: Sections 23008, 23394, 23396, 23396.1, 23396.2, 23396.3, 23816, 23818, 23821, 23826, 23826.5, 23836.7, 23836.9, 23826.10, 23826.12, 23836.13, 23836.14, 23827, 23950, 23951, 23952, 23953, 23954, 23954.6, 23959, 23961 and 24070, Business and Pro - fessions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking seeks to define and clarify the re - quirements for applications submitted to ABC that in- clude a trust.
When an application is submitted to ABC for an al- cohol license, applicants include information about the business, including business structure and ownership details. One commonly used ownership structure is to place the business into a trust. A trust is a legal entity, that operates in a similar way to a corporation and can have multiple trustees and beneficiaries. As with every application that ABC receives, trust applications must be investigated before an application can be issued. By conducting these investigations, ABC can determine possible ownership and/or tied–house conflicts.
Due to the complex nature of trust applications, and little specific statutory requirements currently, there is some ambiguity for ABC staff and applicants sur - rounding application requirements when a trust is in - volved. This proposed regulation would create more clarity and transparency in the application process with respect to trusts, thus allowing for a more stream- lined investigation. This could result in faster license processing, more straightforward application expecta- tions, and a reduction in tied–house related ownership conflicts.
Summary of Existing Laws and Regulations ABC has had a long history of granting a variety of ABC licenses to various trusts based on the definition of person in Business and Professions Code
section 23008. However, there is little specific statutory guid- ance form the legislature on trusts as there is for other
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1639 entities such as limited liability companies, partner - ships or corporations. Recently, trust entities applying for licenses have become increasingly complex, and often are created with the intent of circumventing tied house laws by hiding disqualifying interests held by those either settling property into a trust, those con - trolling a trust, or those benefiting from a trust.
Summary of Effect The proposed regulations seek to clarify and estab - lish a uniform application process for applications that include trust ownership entities. This this will allevi - ate confusion by applicants and ABC staff due to the broad language used in statute regarding application requirements for ABC licenses attached to trusts. This will also assist ABC staff to conduct more complete investigations to assure that there are no existing tied– house conflicts within the ownership structure of the prospective licensee.
Comparable Federal Statute or Regulations ABC has determined that this proposed regula - tion does not have a comparable federal statute or regulation. POLICY STATEMENT OVERVIEW The mission of ABC is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement.
This proposed regulation supports the commitment that ABC has to its licensees by working to clarify appli - cation requirements, streamlining the application pro - cess, and helping new licensees open their businesses in a timely manner, all while still preserving the inves- tigative process. Benefits Anticipated This proposed regulation should benefit all parties involved in the application, licensure, and even con - sumers of alcohol. Applicants would have more clar - ity throughout the application process about the re - quirements expected of prospective licensees.
This is accomplished by defining terms associated with trust applications, clarifying expectations of trust ap - plications, and spelling out requirements of trust ap - plications. This creates less confusion of applicants and ABC staff, more transparency within the applica - tion process, and peace of mind to the consumer that the alcohol they are consuming has been vetted and comes from a safe and properly licensed source.
Determination of Inconsistency/Incompatibility with Existing State Regulations ABC reviewed the existing state regulations and statues currently enforced and has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. Effect Upon Small Businesses in California Although licensees are often small business owners, this proposed regulation will have negligible regulato- ry effect on them. This proposed regulation clarifies application requirements when an applicant is apply - ing for a license using a trust.
Outside of the applica - tion process and investigation this proposed rulemak - ing action has no impact on businesses. DISCLOSURES REGARDING THE PROPOSED ACTION The ABC has made the following initial determinations: 1. Mandate on local agencies or school districts: None. 2. Costs or Savings to any state agency: None. 3. Cost to any local agency or school district that is required to be reimbursed by the state: None. 4. Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Cost impacts on housing costs: None.
DETERMINATION OF SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The ABC has made an initial determination that the proposed regulations will not have a significant, state- wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states.
Results of the Economic Impact Assessment: ABC concludes that it is (1) unlikely that the propos- al will eliminate any jobs, (2) that the proposal will not likely create additional jobs, (3) that the proposal will not likely create additional new businesses, (4) unlike- ly that the proposal will eliminate any existing busi - nesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently do- ing business within the state, (6) unlikely that the pro- posal will impact worker safety, and (7) will have no impact upon the environment..
As stated above under ‘Benefits Anticipated,’ the proposed regulations will benefit the health and wel - fare of California residents by providing clear guid - ance for prospective licensees who apply for an alco - hol license using a trust. These processes will help en- sure ABC only issues licenses that comply with the law but create a more transparent and equitable pro - cess by which trust applications are reviewed.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1640 Description of All Economic Impacts That a Representative Private Person or Business Would Necessarily Incur in Reasonable Compliance with the Proposed Action The ABC has made an initial determination that the adoption of this regulation will have negligible eco - nomic impact on private persons or businesses. There is no foreseeable impact on private persons or busi - nesses based on the process laid out in the proposed regulation. If there is an economic impact, it is neg - ligible and limited to a small segment of ABC li - cense applicants.
These economic benefits would not be derived from any costs imposed by the proposed regulation. Thus, ABC is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. The Need to Require Report from Businesses The proposed regulation does not require any re - ports from ABC licensees or any other business. It does specify requirements from applicants which may require additional forms to be submitted to ABC.
Consideration of Alternatives ABC must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. ABC itself considered two possible alternatives to this proposed regulation.
These alternatives are de - scribed in our Initial Statement of Reasons. ABC invites interested persons to submit alterna - tives with respect to the proposed regulation during the comment period from December 13, 2024, through 12 p.m. on January 28, 2025. Agency Contact Person Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419–8958, (designated backup contact) Shelby Pender, Associate Governmental Program Analyst, Law and Policy Unit, (916) 285–8517 or via email at rpu@abc.ca.gov.
AVAILABILITY OF DOCUMENTS The ABC prepared an Initial Statement of Reasons for the proposed action. Copies of the Initial Statement of Reasons, and the full text of the proposed regula - tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len - nane Drive, Suite 100, Sacramento, CA 95834, on or after December 13, 2024. ABC staff has compiled a record for this rulemak - ing action, which includes all the information upon which the proposal is based.
This material is available for inspection upon request to the contact persons. Change to the Proposed Full Text of the Regulation Action If there is any change to the proposed full text of the regulation action in a substantial, or sufficiently relat - ed way, it will be made available for comment for at least 15 days prior to the date on which the department adopts the resulting regulation.
Final Statement of Reasons Availability Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from the department contact persons in this notice or may be accessed on ABC’s website listed below. Internet Access This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the Final Statement of Reasons, when completed, are available on ABC’s website for this rulemaking at https://www. abc.ca.gov/law–and–policy/regulations–rulemaking/ TITLE 9.
DEPARTMENT OF STATE HOSPITALS ENTRY INTO PATIENT ROOMS AND OBSERVATION ROUNDS The Department of State Hospitals (Department) hereby gives notice of the proposed regulatory actions described in this document. PUBLIC HEARING The Department will conduct an online public hear- ing to consider proposed amendments to regulations for Entry into Patient Rooms and Observation Rounds. DATE: February 4, 2025 TIME: 10:00 a.m.–11:00 a.m. LOCATION: Microsoft Teams To request a reasonable accommodation, please con- tact Rachelle Sack at DSH.Regulations@dsh.ca.gov or (916) 654–2478 by 12 p.m. on January 21, 2024.
Those who seek to participate in this hearing vir - tually may do so by registering with an email for the hearing at this link: https://events.gcc.teams.microsoft.com/event/ 9bba01a7–0b1e–4ac9–a45d–9224ba53dee6@ 807536a6–a6b1–4893–a013–70509c59ebbb
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1641 If you wish to participate in this virtual hearing by phone, please use the information below: +1 (916) 382–0340, 341516232# United States, Sacramento Find a local number Phone conference ID: 341 516 232# During the hearing, participants will be given in - structions on how the hearing will be facilitated and other expectations. Any person, or representative of that person, may present statements orally or in writ - ing relevant to the proposed action described in the in- formative digest for the regulation. Per Government Code
section 11346.8, the Department may impose any reasonable limitation on oral presentations. The Department requests, but does not require, that per - sons who make oral comments at the hearing also sub- mit a written copy of their testimony via email. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS California Department of State Hospitals Regulations, Policy, and Operations Unit RE: Entry into Patient Rooms and Observation Rounds 1215 O Street, MS–20 Sacramento, CA 95814 Email: DSH.Regulations@dsh.ca.gov The written comment period begins on December 13, 2024.
Statements or arguments relevant to the proposed regulatory action may be submitted to the Department in writing, or email to the address and number listed above. All comments must be received by January 27, 2025. Comments sent to persons or addresses other than that specified in this document, or received after the date and time specified above, may be included in the record of this proposed regulatory action, but may not be summarized or responded to regardless of the man- ner of transmission.
AUTHORITY AND REFERENCE These regulatory actions are proposed under the au- thority granted in Sections 4005.1, 4011, and 4101 of the Welfare and Institutions Code. These actions im - plement, interpret, and make specific
Section 4027 and 4312 of the Welfare and Institutions Code. INFORMATIVE DIGEST AND POLICY OVERVIEW
Summary of Existing Laws and Regulations: Title 9,
Section 883 of the California Code of Reg - ulations provides that non–Lanterman–Petris–Short Act patients have the right to privacy, dignity, respect, and humane care, as well as the right to be free from harm, which includes harm from abuse or neglect. Additionally, Welfare and Institutions Code
section 4027 establishes that regulations may be adopted by the Department which address patients’ rights and re - lated procedures for inpatient treatment of the individ- uals committed to its care.
Section 4312 of the Wel - fare and Institutions Code provides the hospital direc- tor may establish rules and regulations related to the care and treatment of patients and the government of the state hospital. Effect of the Proposed Action: The proposed regulations establish rules for patients entering rooms of other patients at each state hospi - tal under the jurisdiction of the Department as well as staff entry of patient rooms.
These regulations also es- tablish minimum observation rounds to be performed by Department staff and actions staff are permitted to take during these observation rounds to ensure the general health, safety, or security of the patients, hos - pital staff, and the hospital grounds. These proposed regulations provide a process for each state hospital in the monitoring and observation of individuals com- mitted to its care.
POLICY STATEMENT OVERVIEW/ BROAD OBJECTIVES It is the policy of the Department and its mission to provide evaluation and treatment to individuals com - mitted to its care in a safe and responsible manner by leading innovation and excellence across a continuum of care and settings. Individuals committed to the Department for care and treatment have varying needs and functional abili- ty. To ensure the safety and security of all patients, it is the policy of the Department that patients are general- ly disallowed from entering the room of other patients at each state hospital.
Exceptions to this rule may be permitted at each state hospital at its discretion pro - vided there are no health, safety, or security concerns. To further ensure the safety and security of patients, hospital staff, and hospital grounds, staff will perform observation rounds of all areas occupied, or may be occupied, by patients at least once every two hours during the 24–hour day. More observation rounds may be performed at each state hospital as determined nec- essary by that state hospital based on health, safety, or security considerations.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1642 Anticipated Benefits from the Proposed Regulation: These regulations establish the rule that patients are prohibited from entering the rooms of other patients, except when approved by the state hospital. With these rules in law, it is less likely that a patient may enter the room of another patient without the approval of the state hospital and the approval of any patients residing in the room. Collectively, this may prevent incidents from occurring in rooms which are not monitored constantly by hospital staff.
Overnight visits are also not permitted. Also, to promote patient privacy, staff are required to knock or announce their presence prior to entering a patient’s room absent an emergency. Ad- ditionally, staff will perform observation rounds of the areas occupied by patients at minimum intervals es - tablished by these regulations.
Because of the various levels of need and capacities of the individuals com - mitted to the Department, these regulations ensure the general health, safety, or security of the patients by ensuring staff are aware of the general whereabouts of the patients and performing checks for movement and breathing while the patient is sleeping. These observa- tion rounds also serve to ensure the safety and securi - ty of the hospital grounds for a treatment environment free from items such as contrabands and issues that may diminish the effective treatment of patients.
Benefits to California Residents’ Health and Welfare, Worker Safety, and the State of California’s Environment: The proposed regulations benefit the health and welfare of California residents, specifically individ - uals committed to the Department, by establishing rules prohibiting the ability of patients to enter rooms in which they do not reside except under the excep - tions defined in the regulations.
Because patients com- mitted to the Department have unique needs and var - ious levels of cognitive functioning, and because it is not feasible for all patients and patient rooms to be di- rectly monitored continuously throughout the 24–hour day, these rules establish boundaries to prevent situ - ations where a patient may take advantage of anoth - er patient. These regulations benefit worker safety by minimizing the potential of unsafe events as obser - vation rounds are performed at minimum intervals.
For the safety of both patients and state hospital staff, observation rounds, which require entry into patient rooms, are performed in pairs. Providing an environ - ment for the optimal and safe treatment of patients, benefits all of California as patients are treated more effectively, moving them closer to the ability to rein - tegrate into society without additional issues. The en - vironment may see minimal benefit because all state hospitals under the jurisdiction of the Department are subject to uniform rules and regulations.
With uni - form regulations, each state hospital may require few- er policies generated or revised on the same subject matter. This may reduce the Department’s overall car- bon footprint, resource use, and resource waste. Substantial Difference from Existing Comparable Federal Regulations or Statute: During the development of this proposed regulato - ry action, the Department did not find any differences from existing comparable federal regulation, statutes, or regulations in the California Code of Regulations.
Evaluation of Inconsistency or Incompatibility with Existing State Regulations During the development of this proposed regulatory action, the Department reviewed any existing regula - tions on this topic and concluded that the proposed reg- ulation is neither inconsistent nor incompatible with existing state regulations or statutes. In arriving at this conclusion, the Department reviewed the Welfare and Institutions Code, Penal Code, and its own regulations in title 9 of the California Code of Regulations.
LOCAL MANDATE STATEMENT Mandate on local agencies and school districts: The Department has determined that the proposed regulations would not impose a mandate on any local agency or school district that requires reimbursement by the state under Government Code, Division 4,
Part 7 (commencing with
Section 17500). COST ESTIMATES Cost or savings to any State agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None.
SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS AND INDIVIDUALS The Department is not aware of any significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSONS OR BUSINESS The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1643 SMALL BUSINESS IMPACT DETERMINATION The Department has determined that the proposed regulations will not affect small businesses. These regulations specifically affect patients committed to the Department, and the hospital staff members who provide support care to the patients and protective services. These regulations do not extend beyond the state hospitals under the jurisdiction of the Depart - ment and do not directly affect any businesses operat- ing outside of the Department.
STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department concludes that it is unlikely that the proposed regulations will (1) create or eliminate jobs within the State of California, (2) create new business- es or eliminate existing businesses currently doing business within the State of California, and (3) affect the expansion of businesses currently doing business within the State of California. These proposed regula- tions may benefit the health and welfare of California residents, worker safety, and the State’s environment.
The proposed regulations benefit the health and wel- fare of California residents by establishing rules re - lated to the ability of patients to enter into rooms in which they do not reside. Patients committed to the Department have various levels of cognitive function- ing and need. In addition, it is not feasible for all pa - tients to be directly monitored continuously through - out the 24–hour day. As such, these rules serve to pre- vent situations where a patient may take advantage of another patient by establishing general boundaries.
These regulations benefit worker safety by minimiz - ing potentially unsafe or unforeseen circumstances and events that state hospital staff may encounter while performing wellness checks and observation rounds. These rules benefit all Californians as providing an environment for the optimal and safe treatment of pa - tients may result in more efficient treatment, moving patients closer to the ability to reintegrate into society.
The environment may see minimal benefits because uniform rules and regulations may reduce resources use and resource waste from the creation of other poli- cies on the subject matter of these regulations. STATEMENT OF EFFECTS ON HOUSING COSTS The adoption of the proposed regulations will have no effect on housing costs.
STATEMENT OF ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative considered or that has otherwise been iden- tified and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
The Department invites interested persons to sub - mit statements or arguments with respect to alterna - tives to the proposed regulation during the comment period. CONTACT PERSONS The primary contact for this regulatory action is Anna Libonati and the backup contact is Rachelle Sack. They can be reached by telephone at (916) 654– 2478 or email at DSH.Regulations@dsh.ca.gov. FORMS INCORPORATED BY REFERENCE There are no forms or other items incorporated by reference in these regulations.
A V AILABILITY STATEMENTS The Department has prepared an Initial Statement of Reasons (ISOR) for the proposed regulatory action, which includes a
summary of the economic impacts of the proposal and all the information upon which the proposal is based, and the proposed text (the “express terms”) of the regulation. Copies of the proposed reg - ulation text and ISOR may be accessed on the Depart- ment’s website, listed below, or may be obtained from the Department using the contact information provid - ed in this document. Further, non–substantive inquiries concerning the proposed regulatory action may be directed to the contact person named in this document at (916) 654– 2478.
The Department has compiled a record of this rulemaking action, which includes all the information upon which the proposal is based and is available for inspection upon request to the contact persons. Following the close of the public comment period or date of the public hearing, if one is held, the De - partment may adopt the proposed regulations sub - stantially as described in this notice or may modify the proposed regulation if the modifications are suf - ficiently related to the original text.
Except for non– substantive, technical, or grammatical changes, the full text of any modified proposal will be available for
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1644 15 days prior to its adoption to all persons who testify or submit written comments during the public com - ment period, and all persons who request notification. Please address requests for regulations as modified to the contact person identified in this document. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons (FSOR) shall be available. Copies may be requested from the contact person in this notice or may be ac - cessed on the Department’s website listed below.
AVAILABILITY OF DOCUMENTS ON THE INTERNET This notice, the ISOR, the proposed regula - tion text, and all subsequent regulatory docu - ments, including the FSOR, when completed, will be available on the Department website at https://www.dsh.ca.gov/Publications/Regulations. html.
GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES Research on Ringtail The Department of Fish and Wildlife (Department) received a proposal from Kristyn Schulte requesting authorization to take the ringtail ( Bassariscus astu - tus), a Fully Protected mammal, for scientific research purposes and recovery purposes consistent with pro - tection and recovery of the species. Kristyn Schulte is planning to conduct research on ringtails throughout California, primarily at study sites in Sutter and Butte counties.
The proposed re - search activities include setting baited camera traps, collection of biological samples from dead ringtails, and collection of feces. Ringtail carcasses (or parts thereof) will be salvaged and samples will be collect - ed, and the remains donated to a public scientific in - stitution as designated by the Department. Biological samples will be used in genetic studies and may be re- tained in an archive for future collaborative research. No adverse effects on individual ringtails or ringtail populations are expected.
The Department intends to issue a Memorandum of Understanding (MOU) to Kristyn Schulte that would authorize qualified professional wildlife researchers to carry out the proposed activities. The researchers are also required to have a Scientific Collecting Permit to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)
Section 4700(a) (1), the Department may authorize take of Fully Protected mammal species after 30 days’ notice has been provided to affected and inter - ested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC
Section 4700 for take of Fully Protected mammals, it will issue the MOU on or after January 6, 2025, for an initial and renewable term of up to, but not to exceed five years. Contact: Esther Burkett, Esther.Burkett@wildlife. ca.gov, 916–376–8650.
SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This
Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.
Department of Fish and Wildlife File # 2024–1122–02 Expand Retrieval of Commercial Dungeness Crab Traps Re–Adopt II In this emergency readopt of OAL Matter Num - bers 2024–0826–02EE and 2024–0301–01E, the De - partment of Fish and Wildlife is amending regulations to allow permitted Dungeness crab vessels to retrieve an unlimited number of lost, damaged, abandoned, or otherwise derelict traps during a fishery closure pur - suant to California Code of Regulations, title 14, sec - tion 132.8. Title 14 Amend: 132.2 Filed 12/02/2024 Effective 12/05/2024 Agency Contact: Chelle Temple–King (916) 902–9223
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 50–Z 1645 Department of Toxic Substances Control File # 2024–1122–01 Conditional Exemption for Undeployed Airbags — Second Readoption In this emergency re–adopt, the Department amends its regulations to add
definitions for “airbag waste,” “airbag waste collection facility,” and “airbag waste handler.” It further provides airbag waste han - dlers with a conditional exemption during the trans - portation of the airbag waste to the airbag waste col - lection facility.
Title 22 Amend: 66260.10, 66261.4 Filed 12/02/2024 Effective 12/05/2024 Agency Contact: Gabby Nepomuceno (916) 251–8328 Department of Industrial Relations File # 2024–1018–03 Transmittal of Request for Review to Department This change without regulatory effect updates trans- mittal address information for Enforcement Agencies submitting a Request for Review (prevailing wage hearing request) and related documents by adding an option to submit through a website portal address.
Title 08 Amend: 17223 Filed 12/04/2024 Agency Contact: Ann Wu (213) 897–3225 Division of Workers’ Compensation File # 2024–1113–03 Supplemental Job Displacement Voucher Form (DWC–AD 10133.32) In this filing for a change without regulatory effect pursuant to
section 100 of Title 1 of the California Code of Regulations, the Division of Workers’ Com - pensation is amending
section 10133.32 of Title 8 of the California Code of Regulations to update the “Sup- plemental Job Displacement Nontransferable Voucher For Injuries Occurring on or After 1/1/13” form to re- flect a change in format from PDF to Excel. Title 08 Amend: 10133.32 Filed 12/03/2024 Agency Contact: Maureen Gray (510) 286–0676 California Architects Board File # 2024–1018–04 Reciprocity Requirements This action updates the reciprocity requirements for architects from other US jurisdictions or other coun - tries and lists the application requirements for the Cal- ifornia State Examination.
Title 16 Amend: 121, 124 Filed 12/04/2024 Effective 04/01/2025 Agency Contact: Timothy Rodda (279) 895–1246 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quar - ter. For additional information on actions taken by OAL, please visit oal.ca.gov.