California Regulatory Notice Register — Register 2023, No. 46-Z (NOVEMBER 17, 2023)
Cal. Reg. Notice Reg. 2023, No. 46
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 46–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 17, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–1107–05 ........................................ 1477 AMENDMENT MULTI–COUNTY: Panoche Drainage District TITLE 2. CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT Conflict–of–Interest Code — Notice File Number Z2023–1024–01 ........................................ 1478 TITLE 2.
CALIFORNIA CATASTROPHE RESPONSE COUNCIL Conflict–of–Interest — Notice File Number Z2023–1102–01 ............................................. 1478 TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM Updates to Penalties and Interest Regulations — Notice File Number Z2023–1107–07 ........................ 1479 TITLE 9. DEPARTMENT OF REHABILITATION Client–Owned Vehicle Use — Notice File Number Z2023–1107–06 ....................................... 1482 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Course Name Correction — Notice File Number Z2023–1106–02 ........................................ 1485 TITLE 11.
DEPARTMENT OF JUSTICE Charitable Fundraising Programs — Notice File Number Z2023–1106–04 ................................. 1487 TITLE 14. FISH AND GAME COMMISSION Klamath River Dam Removal Sport Fishing — Notice File Number Z2023–1106–05 .......................... 1492 TITLE 16. BOARD OF REGISTERED NURSING Continuing Education Requirements; Exemptions — Notice File Number Z2023–1102–03 ..................... 1496 (Continued on next page)
TITLE 16. BOARD OF PHARMACY Designation of Pharmacist–In–Charge — Notice File Number Z2023–1107–02 .............................. 1499 TITLE 16. DENTAL BOARD Replacement Licenses or Permits and Inactive Licenses — Notice File Number Z2023–1107–03 ................ 1502 TITLE 16. SPEECH–LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD Hearing Aid Dispensing Advertising — Notice File Number Z2023–1102–02 ................................ 1506 TITLE 23.
DEPARTMENT OF WATER RESOURCES Model Water Efficient Landscape Ordinance — Notice File Number Z2023–1106–03 ......................... 1509 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Ocean Breeze Ranch Development Project. 2080–2023–019–05, San Diego County .............................................................................. 1514 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2023–016–05, Soil Remediation Project at 2800 and 2890 Telephone Road, Santa Maria, Santa Barbara County .......................................................... 1515 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Listed Effective December 17, 2023 — Coal–Tar Pitch, Fluoro–Edenite Fibrous Amphibole, and Silicone Carbide Whiskers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1520 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 $205.00 (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 2023, VOLUME NUMBER 46–Z 1477 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Panoche Drainage District A written comment period has been established commencing on November 17, 2023 and closing on January 2, 2023.
Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.
If a public hear - ing is requested, the proposed code will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interest - ed person, will approve, or revise and approve, or re - turn the proposed code to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.
Any written com - ments must be received no later than January 2, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.
REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.
AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1478 TITLE 2. CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Cultural and Historical Endowment, pursuant to the authority vested in it by
section 87306 of the Govern - ment Code, proposes amendment to its conflict–of– interest code. A comment period has been established commencing on November 17, 2023, and closing on January 2, 2024. All inquiries should be directed to the contact listed below. The California Cultural and Historical Endowment, proposes to amend its conflict–of–interest code to in - clude employee positions that involve the making or participation in the making of decisions that may fore- seeably have a material effect on any financial inter - est, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: Add new positions Career Executive Assignment and Staff Services Manager (All Levels) which all par - ticipate in making governmental decisions on grant awards. Information on the code amendment is attached to this email.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than January 2, 2024, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than December 18, 2023. The California Cultural and Historical Endowment has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Becki Abrams, Grant Administrator, 916–902–6354 and becki.abrams@resources.ca.gov. TITLE 2.
CALIFORNIA CATASTROPHE RESPONSE COUNCIL NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Catastrophe Response Council, pursuant to the au - thority vested in it by
section 87306 of the Govern - ment Code, proposes amendment to its conflict–of– interest code. A comment period has been established commencing on November 17, 2023 and closing on January 2, 2024. All inquiries should be directed to the contact listed below. The California Catastrophe Response Council pro - poses to amend its conflict–of–interest code to include employee positions that involve the making or partici- pation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Gov - ernment Code. The amendment carries out the pur - poses of the law and no other alternative would do so and be less burdensome to affected persons.
Changes to the conflict–of–interest code include: adding the position of Chief Insurance and Claims Officer, renaming the following positions, Chief Risk and Actuarial Officer, Chief Administrative Officer, removing the following positions, Career Executive Assignment, Chief Information Security Officer, Compliance Manager Auditors, Chief Mitigation Of - ficer, Staff Services Manager, Facilities Coordinator, Enterprise Risk Management Officer, Enterprise Proj- ect Management Office Manager, edits to disclosure categories to narrow the scope of reporting and also makes other technical changes.
The proposed amend - ment and explanation of the reasons can be obtained from the agency’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than January 2, 2024, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than December 19, 2023. The California Catastrophe Response Council has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2.
Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1479
Part 7 (commencing with
Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Shannon McEuen California Earthquake Authority 801 K Street, Suite 1000 Sacramento, CA 95814 Phone: (916) 813–0852 E–mail: smceuen@calquake.com TITLE 5.
STATE TEACHERS’ RETIREMENT SYSTEM UPDATES TO PENALTIES AND INTEREST FOR LATE REMITTANCE AND LATE AND UNACCEPTABLE REPORTING BY EMPLOYERS SECTIONS 27003, 27004, 27007, 27008, 27010 The California State Teachers’ Retirement System (“CalSTRS”) and the Teachers’ Retirement Board (“board”) propose to adopt the regulations described hereunder, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Teachers’ Retirement Board will hold a public hearing: Date and Time 1:00 p.m.
January 10, 2024 The hearing may be rescheduled to occur as early as 8:00 a.m. or as late as 4:00 p.m. as it is incorporat - ed into the board’s agenda. Please consult the agen - da for the meeting, which will be available at www. CalSTRS.com/teachers–retirement–board by Decem- ber 29, 2023, to confirm the exact time at which the hearing will be held. Please arrive promptly for check in before the sched- uled start time. The hearing will conclude once each speaker present has provided testimony.
Location California State Teachers’ Retirement System Boardroom 100 Waterfront Place West Sacramento, CA 95605 Purpose To receive oral or written comments about this ac - tion. Comments are limited to five minutes per per - son and must not repeat comments already received in written or verbal form. Accessibility The hearing room is accessible to persons with mo - bility impairments, and it can be made accessible to persons with hearing or visual impairments upon ad - vance request.
WRITTEN COMMENT PERIOD Any interested person, or their authorized repre - sentative, may submit written comments relevant to the proposed regulatory action to CalSTRS. The written comment period closes on January 10, 2024. CalSTRS will only consider written comments re - ceived at CalSTRS’ address as reflected below by that date. Submit comments to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS–14 Sacramento, CA 95851–0275 Email: Regulations@CalSTRS.com AUTHORITY AND REFERENCE The board has exclusive authority to administer CalSTRS under
Article XVI,
Section 17 of the Cali - fornia Constitution. Education Code
section 22207 authorizes the board to perform any acts necessary for the administration of the system and the plan in carrying into effect the provisions of the Teachers’ Retirement Law. Education Code
section 22305 provides that any rules and regulations adopted by the board have the force and effect of law. The proposed amendments to regulations further interpret and make specific Education Code sections 23002, 23003, 23004, 23006, 23008, 26301 and 26303. The board approved the proposed regulations on September 14, 2023, and directed CalSTRS staff to give public notice and
schedule a public hearing be - fore the board.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1480 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Under existing regulations that govern the assess - ment of penalties and interest, the intent is to ensure CalSTRS receives payroll files and contributions in a timely manner. The regulations also ensure the system is made whole for any investment income not earned and state contributions CalSTRS does not receive due to late reporting of creditable compensation and late remittance of contributions.
However, there are sce - narios not contemplated in existing regulations in which employers may be assessed penalties and inter- est that are not in line with the intent of those regula - tions. Such scenarios involve circumstances that are beyond the control of employers or involve circum - stances where the employer acted under the direction of CalSTRS. The proposed amendments to regulations address this matter by specifying additional scenarios under which employers may avoid being subject to the assessment of penalties and interest.
In addition, the proposed amendments also provide clarification that interest will be charged on outstanding invoices for balances not paid in full within 30 days of the invoice date. Anticipated benefits of these regulations include re- duced administrative workload in processing disputes for employers by clarifying situations under which employers will be exempt from assessed penalties and interest, which will also help employers determine if they should dispute the penalties and interest.
In ad - dition, employers will be better able to understand their reporting obligations and the circumstances under which CalSTRS will assess a certain type of interest. No other nonmonetary benefits, such as the protection of public health and safety, worker safety or the environment; the prevention of discrimination; the promotion of fairness or social equity; or an in - crease in transparency in business and government are anticipated.
The amendments to regulations proposed in this rulemaking action make specific the Education Code as it relates to exemptions for assessed penalties and interest and to interest assessed on outstanding invoice balances not paid in full within 30 days of the invoice date. CalSTRS evaluated whether the proposed regu - lations were inconsistent or incompatible with exist - ing state regulations and found that there are no over - lapping provisions with other state regulations. Thus, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.
DISCLOSURES REGARDING THE PROPOSED ACTION CalSTRS has made the following initial determi - nations, as required by the California Administra - tive Procedure Act and Office of Administrative Law regulations: 1. Mandate on local agencies and school districts: None. The proposed regulations do not consti - tute a mandate on school districts or other local agencies. They provide additional exemptions to the to the assessment of penalties and interest un- der specified circumstances.
Employers can avoid interest on outstanding invoices for balances not paid in full within 30 days of the invoice date by paying timely. 2. Cost or savings to any state agency: None. The proposed regulations are not expected to result in costs or savings to any state agency. 3. Cost to any local agency or school district which must be reimbursed in accordance with Califor - nia Government Code sections 17500 through 17630: None. The proposed regulations do not place a mandate on local agencies or school districts, and there would be no costs incurred by these entities. 4.
Other nondiscretionary cost or savings imposed on local agencies: None. There are no requirements imposed on lo - cal agencies, and therefore, there are no other nondiscretionary costs or savings. 5. Cost or savings in federal funding to the state: None. These regulations do not relate to any fed - eral program. 6. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. The proposed regulations do not affect businesses. 7.
Cost impacts on a representative private person or business: The board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. The proposed regulations do not affect private persons or businesses. 8. Results of the economic impact assessment/ analysis: These regulations are not anticipated to have any direct, indirect or induced effect on California businesses. Specifically:
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1481 ● The action will not have any effect on the creation or elimination of jobs within the state. ● The action will not affect the creation of new businesses or the elimination of existing businesses within the state. ● The action will not affect the expansion of businesses currently doing business within the state. ● The action will have no effect on worker safety and the state’s environment. This regulatory action will not affect the health and welfare of California residents generally.
It is expected to reduce administrative workload in processing disputes for employers. As stated in the Informative Digest/Policy State - ment Overview, the proposed regulations will further clarify and make specific statute as it re - lates to exemptions to assessed penalties and in - terest and to interest charged on outstanding in - voice balances not paid in full within 30 days of the invoice date.
This is anticipated to reduce ad- ministrative workload in processing disputes for employers by clarifying situations under which employers will be exempt from assessed penalties and interest and to help employers better under - stand the circumstances under which CalSTRS will assess a certain type of interest. 9. Significant effect on housing costs: None. The proposed regulations do not relate di - rectly or indirectly to housing costs. 10.
Small business determination: The board has determined that the proposed reg - ulations do not affect small business as small businesses are not governed or affected, either di- rectly or indirectly, by the statutes that these reg - ulations are clarifying. CONSIDERATION OF ALTERNATIVES In accordance with paragraph (13) of subdivision (
a) of Government Code
section 11346.5, CalSTRS and the board must determine that no reasonable alterna - tive considered or otherwise identified and brought to its attention would be: ● More effective in carrying out the purpose for which the action is proposed, ● As effective and less burdensome to affected pri- vate persons than the proposed action, or ● More cost–effective to affected private persons and equally effective in implementing the statu - tory policy or other provision of law.
CalSTRS and the board invite interested persons to present any statements or arguments that would sup - port alternatives to the proposed regulations in the form of written comments or by providing testimony at the public hearing. CONTACT PERSON Inquiries concerning the proposed action may be directed to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O.
Box 15275, MS–14 Sacramento, CA 95851–0275 Telephone: (916) 414–1994 Email: Regulations@CalSTRS.com The backup contact person for these inquiries is: John Maradik–Symkowick Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS–14 Sacramento, CA 95851–0275 Telephone: (916) 414–1994 Email: Regulations@CalSTRS.com Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to CalSTRS using the contact information listed above.
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The rulemaking file is available for public inspec - tion and copying throughout the rulemaking process at CalSTRS headquarters, located at 100 Waterfront Place, West Sacramento, CA, 95605. As of the date this notice is published in the California Notice Reg - ister, the rulemaking file consists of this notice, the proposed text of the regulations, the Initial Statement of Reasons and the Economic and Fiscal Impact State- ment (STD 399).
Copies of this notice, the proposed text of the regu - lations, the Initial Statement of Reasons and the Eco - nomic and Fiscal Impact Statement are available at no charge by contacting CalSTRS using the contact in - formation listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the board may adopt the proposed regula - tions substantially as described in this notice or may,
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1482 on its own motion or at the recommendation of any interested person, modify the proposed regulations. If the board makes modifications that are sufficient- ly related to the original proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before adopt- ing the regulations as revised. The board will accept written comments on the modified regulations for 15 days after the date on which they are made available.
Please refer to www.calstrs.com/regulatory–activity or contact CalSTRS using the contact information list- ed above for copies of modifications, if any. AVAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, CalSTRS will have the Final Statement of Reasons available for public in - spection and copying at its headquarters, located at 100 Waterfront Place, West Sacramento, CA, 95605. Upon filing of the amended regulations with the Sec - retary of State, the Final Statement of Reasons will also be available temporarily on the CalSTRS website at www.CalSTRS.com/approved–regulations.
AVAILABILITY OF DOCUMENTS ON THE INTERNET The Notice of Proposed Rulemaking, the Initial Statement of Reasons and the text of the proposed reg- ulations are posted on the CalSTRS website at www. calstrs.com/regulatory–activity. TITLE 9. DEPARTMENT OF REHABILITATION CLIENT–OWNED VEHICLE USE, AMENDING
SECTION 7162 The Department of Rehabilitation (hereinafter “DOR”) proposes to amend title 9, California Code of Regulations
section 7162 after considering all com - ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The DOR will hold a virtual public hearing on this proposed action starting at 10:00 a.m. on January 8, 2024, via Zoom Meeting. At the meeting, any per - son may present statements or arguments, orally or in writing, relevant to the proposed action. The DOR respectfully requests that any person who makes oral comments also submit their comment in writing as well.
Join Zoom Meeting Meeting ID: 838 0486 1569 Passcode: EZZ70t!* Join by Telephone For higher quality, dial a number based on your cur- rent location. Dial: +1 669 900 6833 US (San Jose) +1 408 638 0968 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 646 876 9923 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) Meeting ID: 838 0486 1569 Passcode: 43811175 Closed captioning will be available within the Zoom meeting application. The Department is providing American Sign Language interpreters for this event.
The interpreters will be available within the Zoom meeting application. As a reasonable accommodation, limited in person seating may be available at the hearing in the Depart - ment’s conference room, 721 Capitol Mall, Sacramen- to, California 95814. Please email Legal@dor.ca.gov or dial (916) 558–5825 by 2:00 p.m. on January 3, 2024, if an accommodation is necessary. Participants will be given instructions on how to provide oral comment once they have accessed the hearing. The hearing will continue on the date noted above until all testimony is submitted, or until 11:00 a.m., whichever is later.
At the hearing, any person may present statements or arguments orally or in writ- ing relevant to the proposed action described in the In- formative Digest. The Department requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testi - mony via email to Legal@dor.ca.gov.
WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz 721 Capitol Mall Sacramento, CA 95814 Comments may also be submitted electronically by email to Legal@dor.ca.gov or by facsimile to (916) 558–5806. The written comment period closes at 5:00 p.m. on January 8, 2024. The DOR will consider only
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1483 comments received by that time. When comment - ing, please indicate the proposed rulemaking action to which your comment refers, for example, “section 7162.” AUTHORITY Sections 19006 and 19016 of the Welfare and Insti- tutions Code authorizes DOR to adopt these proposed regulations. REFERENCE The proposed regulations implement, interpret, and make specific the following federal and state laws and regulations: 29 United States Code
section 23; 34 Code of Federal Regulations sections 361.5, 361.42, 361.44, 361.46 and 361.48; and Welfare and Institutions Code
section 19150. INFORMATIVE DIGEST
Summary of Existing Laws and Effect of the Proposed Action The DOR is the designated state agency providing individualized vocational rehabilitation to Califor - nians with disabilities (clients or consumers) to assist them in preparing for, securing, retaining, advancing in, or regaining an employment outcome in accor - dance with the Rehabilitation Act of 1973, as amended (29 U.S.C.
section 701 et seq.). Depending on the need of the individual client and vocational rehabilitation services approved by DOR, DOR may provide fund - ing to a client for fuel (mileage rate) when they must use their personally owned vehicle to participate in their vocational rehabilitation programs. (29 U.S.C.
section 723, 34 C.F.R.
section 361.48.) This rulemaking action amends title 9 of the Cali - fornia Code of Regulations, specifically
section 7162, to change the mileage rate used to provide funding to a client for fuel when they must use their person - ally owned vehicle to participate in their vocational rehabilitation programs. Currently, the mileage rate is established in California Code of Regulations, title 9,
section 7162 at $0.15 per mile and $0.20 per mile for modified vans. This rate has been in effect since at least 1990, which is when the last substantive change to this regulation was made. This rate is stagnant and does not meet the clients’ needs during times of high, fluctuating fuel prices. The current regulation also has a provision for DOR to calculate actual costs of gaso - line and oil when it is less than the established mileage rate. Objective and Anticipated Benefits of the Proposed Regulation The proposed changes to California Code of Regu - lations, title 9,
section 7162 are necessary to establish an accurate, updated, mileage rate that fluctuates with the market. Such a mileage rate is necessary to ade - quately meet the clients’ needs when they must use their personally owned vehicle to participate in their vocational rehabilitation programs. Allowing the mileage rate to fluctuate with the mar- ket is beneficial because it ensures funding to the cli - ent that is a more accurate reflection of what is taking place in the economy at the time.
Having a more ac - curate, updated mileage rate established in regulations ensures the support necessary to pay for fuel so cli - ents can drive to jobs, job interviews, appointments, or classes. Furthermore, during times of high gasoline prices, this change in the regulation removes a poten - tial financial barrier to clients achieving employment goals. In addition, DOR selected to remove the portion of the current regulation that provides for the calculation of actual costs when they are less than the mileage rate.
The DOR has selected a rate that would be utilized in all instances because it is equitable to do so, and it saves staff time in having to do a separate calculation. Finally, the DOR made minor changes to use gender neutral language, replacing “his/her” with “their.” Evaluation of Inconsistency or Incompatibility with Existing State Regulations The DOR has determined that the proposed amend- ments to this regulation are not inconsistent or incom- patible with existing state regulations.
After conduct - ing a review for other regulations that would relate to or affect the state vocational rehabilitation system, DOR has concluded that these regulations are consis - tent with all other state regulations that concern Cali - fornia’s vocational rehabilitation program. DISCLOSURES REGARDING THE PROPOSED ACTION The DOR has made the following initial determinations: Mandate on local agencies or school districts: None.
Cost or savings to any state agency: The DOR es - timates the additional total costs to DOR for the pro - posed amendments to the regulation would range from $655,000 to $873,000 for the current State Fiscal Year. Of this amount, DOR estimates that the total fiscal impact of the proposed regulation on federal funding of the vocational rehabilitation program would range from costs of $516,000 to $687,000 and $139,000 to $186,000 in State General Fund for the current State Fiscal year.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1484 Cost to any local agency or school district which must be reimbursed in accordance with Government Code
section 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: The DOR estimates the additional total costs to DOR for the proposed amendments to the regulation would range from $655,000 to $873,000 for the current State Fiscal Year. Of this amount, DOR estimates that the total fiscal impact of the proposed regulation on fed - eral funding of the vocational rehabilitation program would range from costs of $516,000 to $687,000 and $139,000 to $186,000 in State General Fund for the current State Fiscal year.
Cost impacts on a representative private person or business: The DOR is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cal - ifornia business to compete with businesses in other states: None. Significant effect on housing costs: None.
Small Business Determination: The proposed amendments to the regulation will not affect small businesses because the amendments involve a change to the calculation for fuel payments to DOR clients and DOR clients are individuals, not businesses. Fur - thermore, businesses are not involved in DOR’s pro - cess of providing payments to clients when they use their personal vehicles.
Results of the Economic Impact Analysis and Assessment: The DOR concludes that it is unlikely that the pro - posal will (1) eliminate any jobs, (2) create any jobs, (3) create any new businesses, (4) eliminate any exist- ing businesses, and (5) result in the expansion of busi- nesses currently doing business within the state.
The DOR bases the assessment on the fact that the pro - posed amendments to the regulation involve a change to the calculation for fuel payments to DOR clients when they must use their personal vehicles for voca - tional rehabilitation purposes and DOR clients are in - dividuals, not businesses. Furthermore, businesses are not involved in DOR’s process of providing payments to clients when they use their personal vehicles.
Benefits of the Proposed Action: The proposed amendments will benefit the health and welfare of California residents because an accurate, updated mileage rate ensures funding to the client that is a more accurate reflection of what is taking place in the economy at the time. Furthermore, during times of high gasoline prices, this change in the regulation re - moves a potential financial barrier to clients achieving employment goals. The proposed amendments are not expected to af - fect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), DOR must determine that no reasonable alternative it considered or that has oth- erwise been identified and brought to the attention of DOR would be more effective in carrying out the pur- pose for which the action is proposed or would be as effective and less burdensome to any 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 DOR invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.
CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Michele Welz Department of Rehabilitation Office of Legal Affairs and Regulations 721 Capitol Mall Sacramento, CA 95814 Phone: (916) 558–5825 Email: Legal@dor.ca.gov The back–up contact person for these inquiries is: Daisy Hughes, Attorney IV Department of Rehabilitation Office of Legal Affairs and Regulations 721 Capitol Mall Sacramento, CA 95814 Phone: (916) 558–5825 Email: Legal@dor.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The DOR will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.
As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, Proposed Text of the Reg - ulations, and Initial Statement of Reasons. Please di -
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1485 rect requests for copies to the contact person(
s) list - ed above. Please contact Legal@dor.ca.gov or (916) 558–5825 if you wish to make an appointment to re - view the rulemaking file in person. The documents identified above in the rulemaking file are also on the DOR website at https://www.dor.ca.gov/Home/ ProposedRulemakingAndRegs . AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, DOR may adopt the proposed regulations substantially as described in this Notice.
If DOR makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before DOR adopts the regulations as revised. Please send requests for cop - ies of any modified regulations to the attention of Mi- chele Welz at the address indicated above or email at Legal@dor.ca.gov. The DOR will accept written com- ments on the modified regulations for 15 days after the date on which they are made available.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Michele Welz at the address indicated above. REASONABLE ACCOMMODATION STATEMENT The DOR shall provide, upon request, a narrative description of the proposed changes included in the proposed action, in the manner provided by Govern - ment Code
Section 11346.6, to accommodate a person with a visual or other disability for which effective communication is required under state or federal law. Providing the description of proposed changes may re- quire extending the period of public comment for the proposed action for the requesting party. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, and Proposed Text of the Regulations at https://www.dor.ca.gov/Home/ ProposedRulemakingAndRegs . TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1005 MINIMUM STANDARDS FOR TRAINING — COURSE NAME CORRECTION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)
section 11346.8, any interested person, or their duly authorized repre - sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by January 2, 2024.
Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Charles Johnson at Charles.Johnson@post.ca.gov or by letter to: Commission on POST Attention: Charles Johnson 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)
section 13503 (authority of POST), PC §13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple - ment, and make specific PC §13503(e), which autho - rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Commission Regulation 1005(
d) establishes the requirements for Continuing Professional Training (CPT), for certain peace officers and dispatcher person- nel who are employed by POST participating depart - ments.
Section 1005(d)(3)(
A) specifies non–qualifying courses for CPT. In 2017, the Commission approved the recommendations to reduce the District Attorney Investigator course (a non–qualifying course) from 80 hours to 40 hours, as well as change the name. This proposed action will update the course name from In-
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1486 vestigation and Trial Preparation Course to District Attorney Investigator Transition Course. This rulemaking action clarifies and makes specif - ic the updated District Attorney Investigator course name in
Section 1005(d)(3)(A). Currently, Commission Regulation 1005 reflects the former course name, Investigation and Trial Prepara- tion Course. The regulation proposed in this rulemaking action will correct the course name from Investigation and Trial Preparation Course to District Attorney Investi- gator Transition Course.
Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will update the District Attor - ney Investigator course name and limit confusion on whether the course applies toward CPT credit, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment.
Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference in this proposed action.
DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.
Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.
Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect peace officers and dispatcher personnel who are em - ployed by POST participating departments. Addition - ally, the Commission’s main function to select and maintain training standards for law enforcement has no effect on small businesses.
RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.
Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity to the course name and CPT requirements for the District Attorney Investigator Transition Course. Thus, the law enforce- ment standards are maintained and effective in pre - serving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.
CONSIDERATION OF ALTERNATIVES In accordance with GC §11346.5, subdivision (a)(13), POST must determine that no reasonable alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, 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 per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1487 CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Charles Johnson Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630, at (916) 227–4853. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.
TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Website.
ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.
If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(
s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(
s) named above. TITLE 11.
DEPARTMENT OF JUSTICE REGULATIONS REGARDING ADMINISTRATIVE ENFORCEMENT OF THE SUPERVISION OF TRUSTEES AND FUNDRAISERS FOR CHARITABLE PURPOSES ACT The Department of Justice (Department) proposes to amend sections 300, 300.1, 300.2, 301, 302, 303, 304, 305, 306, 308, 310, 311, 312, 312.1, 313, 314, 315, 316, 328.1, 999.1, 999.2, 999.3, 999.4, 999.6, 999.7, 999.8, 999.9, 999.9.1, 999.9.2, 999.9.3, 999.9.4, and 999.9.5, and to adopt sections 314, 315, 316, 317, 318, 319, 320, 321, 322, and 323 of title 11, division 1, chapters 4 and 15 of the California Code of Regulations concerning charities, charitable trusts, and charitable fundraising, including newly regulated charitable fundraising plat- forms and platform charities, that are governed by The Supervision of Trustees and Fundraisers for Chari - table Purposes Act (Act), Government Code
section 12580 et seq. This rulemaking relates to a prior rulemaking (Of - fice of Administrative Law File Number Z–2022– 0517–01), with which the Department chose not to proceed. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment period closes on January 2, 2024 at 5:00 p.m. Only written comments received by that time will be con - sidered. Please submit written comments to: Department of Justice Office of the Attorney General Charitable Trusts
Section Attention: Brian Armstrong, Deputy Attorney General 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102–7004 (415) 510–3758 charities.regulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address,
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1488 phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority: Sections 12581, 12585, 12586, and 12587, 12590, 12598, and 12599.10, Government Code; Sec- tions 5914 and 5918, Corporations Code.
Reference: Sections 11400 et seq., 11425.10, 11425.60, 11500 et seq., 11517, 11518.5, 11519, 12581, 12581.2, 12582, 12582.1, 12583, 12584, 12585, 12586, 12586.1, 12587, 12587.1, 12588, 12589, 12590, 12591, 12591.1, 12594, 12595, 12596, 12597, 12598, 12599, 12599.1, 12599.2, 12599.3, 12599.5, 12599.6, 12599.7, 12599.8, 12599.9 and 12599.10, Government Code; Sections 2205, 5008.6, 5142, 5223, 5225, 5226, 5227, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 5239, 5240, 5250, 5260, 5617, 5813.5, 5820, 5913, 5914, 5918, 5920, 6010, 6215, 6320, 6510, 6611, 6612, 6613, 6617, 6716, 6721, 6810, 6910, 7142, 7223, 7225, 7231, 7233, 7236, 7237, 7238, 7616, 7820, 7913, 8010, 8510, 8611, 8612, 8613, 8616, 8723, 8810, 9230, 9633, 9640 and 9680, Corporations Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions Code;
Section 23775, Revenue and Taxation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Existing Laws and Regulations: The Act provides the Attorney General with en - forcement and supervisory powers over all charitable corporations, unincorporated associations, trustees and other legal entities holding property for charitable purposes, commercial fundraisers for charitable pur - poses, fundraising counsel for charitable purposes, and commercial coventurers. The Act establishes the Registry of Charitable Trusts, which is administered by the Department of Justice. (Gov.
Code, § 12587.1.) Organizations and persons subject to the Act are re - quired to register and file periodic reports with the Attorney General, among other requirements. (Gov. Code, §§ 12585, subdivision (a), 12586, 12599, 12599.1, 12599.2.) The Attorney General is authorized to make rules and regulations regarding the Act, including the time for filing reports, the content of such reports, and the manner of executing and filing them. (Gov.
Code, §§ 12586, subdivision (b), 12587.) The Act prohibits specified acts and practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including using any un - fair or deceptive acts or practices in solicitations or charitable sales promotions, engaging in any fraudu - lent conduct that creates a likelihood of confusion or misunderstanding, and misrepresenting or misleading anyone in any manner to believe that another person sponsors, endorses, or approves a charitable solicita - tion or charitable sales promotion when that person has not given consent in writing to the use of the per - son’s name for these purposes. (Gov.
Code, § 12599.6.) The Act also prohibits representing that any part of the contributions solicited by a charitable organization will be given or donated to any other charitable or - ganization unless that organization has consented in writing to the use of its name prior to the solicitation. (Gov. Code, § 12599.6.) Assembly Bill (AB) 488 amends the Act and, effec- tive January 1, 2023, establishes that charitable fund - raising platforms and platform charities are trustees for charitable purposes subject to the Attorney General’s supervision. Pursuant to AB 488, the newly enacted Government Code
section 12599.9 defines “charitable fundraising platform” to mean certain persons or legal entities that use the internet to provide a website, ser - vice, or other platform to persons in this state, and per- form, permit, or otherwise enable acts of solicitation to occur. (Gov.
Code, § 12599.9, subdivision (a).) The solicitation acts include soliciting donations intended for recipient charitable organizations referenced on the platform, permitting persons who use the platform to solicit donations intended for recipient charitable organizations, referencing charitable organizations to receive donations based on purchases made or other activity performed by persons who use the platform, and providing a customizable platform to charitable organizations that solicit or receive donations through the platform. (Gov.
Code, § 12599.9, subdivision (a) (1).) A “platform charity” is a trustee or charitable corporation that facilitates acts of solicitation on a charitable fundraising platform, including soliciting donations through a charitable fundraising platform for itself from donors who use the platform with the implied or express representation that the platform charity may grant donations to recipient charitable or- ganizations, or granting funds to recipient charitable organizations based on purchases made or other activ- ity performed by persons who use the platform. (Gov.
Code, § 12599.9, subdivision (a)(5).) Government Code
section 12599.9 requires a char - itable fundraising platform, before soliciting, permit - ting, or otherwise enabling solicitations, to register with the Attorney General’s Registry of Charitable Trusts, under oath, on a form provided by the Attorney General. Government Code
section 12599.9 requires persons or entities that meet the definition of a charita- ble fundraising platform and platform charity to regis- ter as a charitable fundraising platform. Government Code
section 12599.9 requires annual renewal of reg - istration, and for the Attorney General to impose reg - istration and renewal fees and deposit revenues in the
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1489 Registry of Charitable Trusts Fund, for use as speci - fied. (Gov. Code, § 12599.9, subdivision (b).) Government Code
section 12599.9 requires a char - itable fundraising platform to file annual reports, un - der oath, with the Registry of Charitable Trusts on a form provided by the Attorney General. Government Code
section 12599.9 restricts a charitable fundraising platform or platform charity to soliciting, permitting, or otherwise enabling solicitations, or receiving, con - trolling, or distributing funds from donations for re - cipient or other charitable organizations in good stand- ing, as defined. Government Code
section 12599.9 re- quires a charitable fundraising platform or platform charity to provide prescribed conspicuous disclosures that prevent a likelihood of deception, confusion, or misunderstanding before a person can complete a do - nation or select or change a recipient charitable orga - nization. (Gov. Code, § 12599.9, subdivisions (c)–(e).) Government Code
section 12599.9 requires a char - itable fundraising platform or platform charity to ob - tain the written consent of a recipient charitable orga - nization before using its name in a solicitation. Written consent is not required for certain acts of solicitation if specific requirements are met. Government Code sec- tion 12599.9 requires a charitable fundraising platform or platform charity to promptly provide a tax dona - tion receipt after donors contribute. Government Code
section 12599.9 prohibits a charitable fundraising plat- form or platform charity from diverting or otherwise misusing the donations received through solicitation on the charitable fundraising platform, and requires the entity to hold them in a separate account and to en- sure donations and grants of recommended donations are sent promptly to recipient charitable organizations with an accounting of any fees imposed for processing the funds. (Gov. Code, § 12599.9, subdivisions (f)–(h).) Lastly, Government Code
section 12599.10 requires the Attorney General to establish rules and regula - tions they determine to be necessary for the admin - istration of Government Code
section 12599.9, in ac - cordance with prescribed requirements. (Gov. Code, § 12599.10.) Effect of the Proposed Rulemaking: The proposed rulemaking amends the Department’s regulations consistent with the revised statutes and newly enacted statutes. The forms incorporated by reference similarly implement the registration and re - porting requirements created by the new statutes.
Anticipated Benefits of the Proposed Regulations: Under California law, the Attorney General oversees charities, charitable trustees, professional fundraisers and other persons or legal entities that hold or solic - it charitable donations to safeguard charitable assets for the charitable beneficiaries, to ensure donations are used for their intended purposes, and to protect the public and charities from fraud and deceptive or unfair solicitations. The proposed regulations regulate and supervise persons and entities soliciting charitable donations on internet platforms.
Soliciting and giv - ing charitable donations over internet platforms has grown exponentially in recent years, and the proposed regulations allow the Attorney General to properly su- pervise charitable fundraising platforms and platform charities to better protect the public from fraudulent, deceptive, or unfair charitable solicitations occurring through the platforms, and to safeguard the solicited donations for the benefit of charities and the people of California who receive assistance from them.
The Legislature adopted AB 488 to address the lack of specific authority to provide oversight over charita - ble fundraising platforms and platform charities that operate in California. These entities did not typically register and report under existing registration catego - ries in spite of holding charitable assets or soliciting charitable donations.
The newly enacted statutes and proposed regulations allow charitable fundraising platforms and platform charities to report aggregate and more relevant information about charitable dona - tions solicited through their platforms consistent with their record keeping practices, rather than submitting reports for each charity individually, or submitting re- ports that did not adequately cover their solicitation practices.
In addition to increasing protections for the public, the newly enacted statutes and proposed regulations promote transparency and accountability, which will increase donor and consumer confidence in online charitable giving. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing state regulations.
After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern charitable fundraising platforms and platform charities. Forms Incorporated by Reference: ● Initial Registration Form (“Form CT–1” Rev. 01/2024) ● Annual Registration Renewal Fee Report (“Form RRF–1” Rev. 01/2024) ● Commercial Fundraiser for Charitable Purposes Annual Registration Form (“Form CT–1CF” Rev. 01/2024) ● Commercial Fundraiser for Charitable Purposes (“Form CT–2CF” Rev. 01/2024)
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1490 ● Commercial Fundraiser for Charitable Purposes/ Thrift Store Operations (“Form CT–2TCF” Rev. 01/2024) ● Commercial Fundraiser for Charitable Purpos - es/Vehicle Donation Program (“Form CT–2VCF” Rev. 01/2024) ● Fundraising Counsel for Charitable Purposes Annual Registration Form (“Form CT–3CF” Rev. 01/2024) ● Commercial Coventurer Annual Registration Form (“Form CT–5CF” Rev. 01/2024) ● Commercial Coventurer Annual Financial Re - port Form (“Form CT–6CF” Rev. 01/2024) ● Notice of Intent to Solicit for Charitable Purpos - es — Commercial Fundraiser for Charitable Pur- poses Form (“Form CT–10CF” Rev. 01/2024) ● Notice of Intent to Provide Services Related to Charitable Solicitation — Fundraising Counsel for Charitable Purposes Form (“Form CT–11CF” Rev. 01/2024) ● Initial Registration for Charitable Fundraising Platforms (“Form PL–1” Orig. 01/2024) ● Registration Renewal for Charitable Fundraising Platforms (“Form PL–2” Orig. 01/2024) ● Notification from Platform Charities (“Form PL– 3” Orig. 01/2024) ● Annual Fundraising Report for Charitable Fund - raising Platforms or Platform Charities (“Form PL–4” Orig. 01/2024) Other Statutory Requirements: None.
DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Th e D e p a rt- ment’s FY 2023–24 expenditures are projected at $659,000. The Department estimates the registration fees for charitable fundraising platforms and platform charities will generate $650,000 in revenue. There - fore, the Department does not anticipate revenue to exceed expenditures. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.
Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: Charitable fundraising platforms will be required to pay an annual $625 registration fee, plus processing fees payable to the Department’s vendor. This fee is similar to the $500 annual registration fee charged to other fundraising professionals (commercial fundrais- er, fundraising counsel, commercial coventurer). Platform charities will be required to register annu - ally as trustees.
Although the initial registration fee for platform charities as trustees is $50, the renewal fees range from $25 to $1,200, depending on the plat- form charity’s revenue from the prior year. Significant effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.
Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses within the state, (3) unlikely that the proposal will result in the expansion of businesses currently doing business within the state. The Department also concludes that:
(1) The proposal would benefit the health and wel - fare of the people of California by ensuring char- itable assets donated by California residents are used for the intended purpose and for the benefit of California charitable beneficiaries.
(2) The proposal would not benefit worker safety be- cause it does not regulate worker safety standards.
(3) The proposal would not directly benefit the state’s environment because it does not change any ap - plicable environmental standards. But these regu- lations will prevent the misuse of donations made through charitable fundraising platforms and platform charities to charities supporting envi - ronmental causes. Business report requirement: The Department finds it is necessary for the health, safety or welfare of the people of this state that proposed sections 300, 301, 313, and 315, which require a report, apply to business- es.
Existing law already requires charities, charitable trustees, professional fundraisers, and other persons or legal entities that hold or solicit charitable donations to register and report to the Registry of Charitable Trusts. The proposed amendments impose registra - tion and reporting requirements on newly regulated charitable fundraising platforms and platform chari - ties.
These amendments will benefit the public who will receive more accurate information about charita - ble donations solicited through charitable fundraising platforms, registrants who will understand what infor- mation is required without needing to contact Regis -
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1491 try staff, and the Department which will receive more accurate information used to safeguard charitable as - sets and protect the public from fraud and deceptive or unfair solicitations. Small business determination: The Department has determined that the proposed action affects small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed or would be as effective 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 im- plementing the statutory policy or other provision of law.
The Department has determined that the proposed regulations are the most effective way for charitable fundraising platforms and platform charities to provide required information to the Department. The proposed procedures and forms are the least burdensome way to ensure that charitable fundraising platforms and plat - form charities provide all required information to the Department.
The proposed procedures and forms also ensure that basic financial information will become available to the donating public promoting transpar - ency and allowing for prospective donors to research and assess the performance of charitable fundraising platforms and platform charities, including how they solicit, handle, distribute or spend charitable revenue and assets. The proposed regulations follow existing regulations governing the registration of charities, charitable trustees, professional fundraisers, and other persons or legal entities that hold or solicit charitable donations in California.
By modeling existing regis - tration and reporting requirements, the proposed reg - ulations efficiently implement AB 488 in a way that is already familiar to the regulated community. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Justice Office of the Attorney General Charitable Trusts
Section Attention: Brian Armstrong, Deputy Attorney General 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102–7004 (415) 510–3758 charities.regulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person. In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Marlon Martinez Department of Justice 300 S.
Spring Street, Suite 1702 Los Angeles, CA 90013 (213) 269–6437 regulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process upon request to the contact person above.
As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Reg - ister, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), new and newly revised registry forms incorporated by reference, the Initial Statement of Reasons, and any information upon which the pro - posed rulemaking is based. The text of this Notice, the express terms, the forms, and the Initial Statement of Reasons are available on the Department’s website at https://oag.ca.gov/charities/regs/platforms.
Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.
If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1492 AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s website at https://oag.ca.gov/charities/regs/platforms. Please refer to the contact information included above to ob - tain a written copy of the Final Statement of Reasons.
AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the forms incorporated by reference, and the Initial Statement of Reasons are available on the Department’s website at https://oag.ca.gov/ charities/regs/platforms. TITLE 14.
FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 205, 265, 270, 315, 316.5, 399 and 2084 of the Fish and Game Code and to implement, interpret, or make specific sections 713, 1050, and 1054 of said Code, proposes to amend Sec- tion 7.40 and 7.50 of Title 14, California Code of Reg- ulations related to Klamath River Dam Removal Sport Fishing Updates.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Lower Klamath Project (“Project,” FERC Proj- ect Number 14083) consists of the decommissioning and removal of four dams on the main stem of the Klamath River (J.C. Boyle, Copco Number 1, Copco Number 2, and Iron Gate), as well as their associat - ed facilities, by the Klamath River Renewal Corpo - ration (KRRC).
The Project implements portions of the Klamath Hydroelectric Settlement Agreement (KHSA) between: PacifiCorp; several state, feder - al, and local government agencies; Native American tribes; nongovernmental organizations; irrigators; and individual stakeholders. The KHSA seeks to return the Klamath River to free–flowing conditions and pro- vide volitional fish passage in the portion of the Klam- ath River currently occupied by the Project’s dams and associated facilities.
One of the major goals of the Lower Klamath Proj - ect is to restore anadromous fish to the Klamath River Basin upstream of the current Iron Gate Dam and al - low volitional access to over 400 river miles of habi - tat upstream in California and Oregon. In California, anadromous fish have been prevented from accessing their historical habitats upstream of Iron Gate and Copco dams for over 60 and 100 years, respective - ly. Dam deconstruction activities could start as soon as March 2023 with volitional fish passage likely in late 2024.
During deconstruction, much of the area between Iron Gate Dam and the California–Oregon state line will be an active construction site presenting multiple hazards to the public. After deconstruction is completed, the river and surrounding habitat will be changing rapidly with ongoing natural processes and active restoration activities, which will likely also present significant hazards or initially impede the re - covery of fish populations.
As a result of the Lower Klamath Project and the restoration of anadromy to the upper Klamath River Basin, the California Department of Fish and Wild - life (Department) will be updating its existing inland sport fishing regulations for the 2024 season. The De- partment supports actively managing the fishing op - portunities in the main stem Klamath River and all anadromous portions of tributaries upstream of the existing Iron Gate Dam location to the California– Oregon state line as these processes take place.
At a minimum, the Department anticipates reevaluating angling opportunities on an annual basis and imple - menting a phased reopening pending post dam remov- al monitoring results. It is the Department’s goal to provide fishing opportunities as soon as appropriate, which could lead to interim changes between annual regulatory cycles. Current regulations in the Lower Klamath River (downstream of Iron Gate Dam) allow for an annu - al KRFC, KRSC, and steelhead trout fishery.
As de - scribed above, harvest of KRFC and KRSC is allowed following time and area openings and KRFC are ad - ditionally subject to quota management. The existing catch and release steelhead trout sport fishery is open year–round downstream of Iron Gate Dam. Current regulations also allow for a steelhead trout fishery in all waters of Bogus Creek from the fourth Saturday in May through August 31 with a daily bag limit of two hatchery trout or hatchery steelhead. Bo - gus Creek does not have any clearly defined barriers that would prevent anadromous fish from migrating to the headwaters of Bogus Creek.
Bogus Creek is the only anadromous small tributary in the Klamath River Basin that allows sportfishing. All other small anadromous tributaries of the Klamath River Basin are closed to sport fishing. The proposed changes are as follows: This proposal contains proposed regulation chang - es for five Klamath River main stem fishing sections and five anadromous tributary fishing sections. Reg - ulation changes for each fishing
section contain up to four separate options, ranging from most restrictive (option one) to least restrictive (option four) with re -
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1493 gard to fishing opportunities. In between, options two and three represent increasing season length and/or less restrictive fishing gear type allowed. These op - tions should be evaluated independently of each other, and decisions should be made independently for each section; the options are not linked across separate fish- ing sections. Amend Subsection 7.40(b)(50) and 7.50(b)
(73) Klamath River Fishing Boundary Revision Changes are necessary to the definition of anadro - mous waters of the Klamath River Basin as a result of the removal of Iron Gate Dam. Anadromous waters of the Klamath River Basin post dam removal will in - clude waters that are currently upstream of Iron Gate Dam and will be from the mouth of the river upstream to the California–Oregon state line, and as a result the area description needs to be updated. These reg - ulations propose to increase the number of regulatory units in the mainstem Klamath River.
For mainstem areas downstream of the existing Iron Gate Dam location, the mainstem regulatory unit will be updated from “Klamath River from 3,500 feet downstream of the Iron Gate Dam downstream to the Highway 96 bridge at Weitchpec” to “Lakeview Road Bridge to the I–5 Bridge” and “I–5 Bridge downstream to the Highway 96 bridge at Weitchpec.” For mainstem areas upstream of the existing Iron Gate Dam location, there will be two mainstem regu - latory units: “Lakeview Road Bridge to Copco Road Bridge at Copco” and “Copco Road Bridge at Copco to California–Oregon state line.” These two sub–areas will allow for independent management of the exist - ing mainstem river habitat and the newly created river habitat that is currently under Iron Gate and Copco reservoirs.
Tributary Anadromous Fishing Boundaries Anadromous waters need to be defined for tributar - ies including Fall, Jenny, Scotch, and Shovel creeks.
The extent of access for anadromous salmon and trout into each of these tributaries has been identified as follows: ● Bogus Creek (all waters of Bogus Creek are anadromous) ● Fall Creek (river mile 1.0 miles upstream of Cop- co Road) ● Jenny Creek (river mile 2.0 miles upstream of Copco Road) ● Scotch Creek (river mile 0.75 miles upstream of Copco Road) ● Shovel Creek (river mile 2.75 miles upstream of Ager Beswick Road) The subquota definition for the area of the Klamath River from “3,500 feet downstream of the Iron Gate Dam” needs a landmark reference change to “Lakev - iew Road Bridge near Iron Gate.” As noted previously, options are presented for each of the affected five fishing sections surrounding the Klamath River.
Bogus Creek and Tributaries: ● Option 1: close to all fishing in the anadromous portions of the creek. ● Option 2: allow fishing from the fourth Saturday in May through August 31. During this period only artificial lures with barbless hooks would be permitted with a daily bag limit of two hatchery trout or hatchery steelhead.
Klamath River from Copco Road Bridge at Copco to the California–Oregon state line: ● Option 1: close to all fishing. ● Option 2: allow fishing from November 1 through February 28 with artificial lures, barbless hooks, and a daily bag limit of zero. ● Option 3: allow fishing from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero. ● Option 4: allow fishing from November 1 through February 28 and from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero.
Shovel Creek: ● Option 1: close to all fishing in the anadromous portions of the creek. ● Option 2: allow fishing from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero.
Klamath River from Lakeview Road Bridge near Iron Gate to Copco Road Bridge at Copco: ● Option 1: close to all fishing. ● Option 2: allow fishing from November 1 through February 28 with artificial lures, barbless hooks, and a daily bag limit of zero. ● Option 3: allow fishing from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero. ● Option 4: allow fishing from November 1 through February 28 and from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero.
Fall Creek: ● Close to all fishing in the anadromous portions of the creek. Jenny Creek: ● Option 1: close to all fishing in the anadromous portions of the creek.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1494 ● Option 2: allow fishing from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero. Scotch Creek: ● Option 1: close to all fishing in the anadromous portions of the creek. ● Option 2: allow fishing from the fourth Saturday in May through August 31 with artificial lures, barbless hooks, and a daily bag limit of zero.
Klamath River from I–5 bridge to Lakeview Road bridge near Iron Gate: ● Option 1: close to all fishing. ● Option 2: allow fishing from August 15 through February 28 with artificial lures, barbless hooks, and a daily bag limit of zero. ● Option 3: allow fishing all year with a daily bag limit of two hatchery trout or steelhead and har - vest of Chinook Salmon grilse from August 15 through December 31. ● Option 4: allow fishing all year with a daily bag limit of two hatchery trout or steelhead and har - vest of Chinook Salmon from August 15 through December 31.
OTHER CHANGES FOR CLARITY Non–substantive editing and renumbering have been made in subsection 7.40(
b) to improve the clarity and consistency of the regulatory. BENEFIT OF THE PROPOSED REGULATIONS The benefits of the proposed regulations are con - formance with federal fishery management goals, sustainable management of Klamath River Basin fish resources, health and welfare of California residents, and promotion of businesses that rely on salmon sport fishing in the Klamath River Basin. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Sec - tion 20,
Article IV, of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propaga - tion of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the unique power to adopt regulations governing inland sport fishing (Fish and Game Code sections 200 and 205); no other state agency has the authority to adopt regulations governing inland sport fishing.
The Com - mission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. The Commission has searched the California Code of Reg- ulations for any regulations regarding the adoption of Inland Sport Fishing regulations; therefore, the Com - mission has concluded that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.
PUBLIC PARTICIPATION NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Handlery Hotel San Diego, 950 Hotel Circle North, San Di - ego, California 92108 which will commence at 8:30 a.m. on Wednesday, December 13, 2022 , and may continue at 8:30 a.m. on Thursday, December 14, 2023. This meeting will also include the opportunity to participate via webinar/teleconference.
Instructions for participation in the webinar/teleconference hear - ing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information.
NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rel- evant to this action at a hearing to be held at the Cali- fornia Natural Resources Agency Headquarters 1st Floor Auditorium, 715 P Street, Sacramento, Cali- fornia, 95814 commencing at 8:30 a.m. on Wednes- day, February 14, 2024 , and may continue at 8:30 a.m. on Thursday, February 15, 2024. This meet - ing will also include the opportunity to participate via webinar/teleconference.
Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information. It is requested, but not required, that written com - ments be submitted by 5:00 p.m. on January 25, 2023 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on February 9, 2023 .
All comments must be received no later than February 15, 2023, during the Commission meeting. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, CA 95814.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1495 AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.
The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, California 95814, phone (916) 653–4899. Please direct requests for the above– mentioned documents and inquiries concerning the regulatory process to Melissa Miller–Henson or Da - vid Haug at FGC@fgc.ca.gov or at the preceding ad - dress or phone number.
Senior Environmental Scientist Karen Mitch - ell, Department of Fish and Wildlife, ( Fisheries@ wildlife.ca.gov or (916) 205–0250), has been desig - nated to respond to questions on the substance of the proposed regulations. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under
Section 265 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa - tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (
a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States The proposed regulation is not anticipated to have a significant statewide adverse economic impact di - rectly affecting business, including the ability of California businesses to compete with businesses in other states. However, limited adverse economic im - pacts are anticipated for the immediate Klamath River Basin area.
The total adverse economic impact of the proposed regulations is projected to range from de - clines of $7,656 to $83,213 in direct sport fishing ex - penditures. Any adverse impacts to net revenues of lo- cal businesses servicing sport fishers would be phased over the year. Direct expenditures circulate within the regional economy through business–to–business spending and induced spending from labor income that expands the total economic impact to $13,628 to $148,119.
The total seasonal impacts will vary depend- ing on the combination of regulatory options chosen for the sub–areas within the Klamath basin during and after dam removal. Any reduction in anadromous fishing opportunity will be reflected in reductions in visitor spending. If fishing in other nearby areas or alternative visitor activities are not pursued, the drop in visitor spending could induce some business con - traction.
No combination of options are expected to directly affect the ability of California businesses to compete with businesses in other states because the goods and services are consumed locally and not trad- ed across state lines. (
b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment Depending on the final combination of options ad - opted, the Commission anticipates the potential for some impact on the creation or elimination of jobs in California. The potential adverse employment impacts range from no impact to the loss of two full–time equivalent (FTE) jobs.
Under all alternatives, due to the limited time period of this regulation’s impact, the Commission anticipates no impact on the creation of new businesses, the elimination of existing business - es, or the expansion of businesses in California. For all of the potential combination of options, the possibility of growth of businesses to serve alterna - tive recreational activities exists. The impacted busi - nesses are generally small businesses employing few individuals and, like all small businesses, are subject
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1496 to failure for a variety of causes. Additionally, the long–term intent of the proposed regulatory action is to increase sustainability in fishable salmon stocks and, consequently, promote the long–term viability of these same small businesses. The Commission anticipates benefits to the health and welfare of California residents. Preserving future opportunities for a salmon sport fishery encourages a healthy outdoor activity and the consumption of a nu - tritious food.
The Commission anticipates benefits to the environ- ment by the sustainable management of California’s salmonid resources. The Commission does not antic - ipate any benefits to worker safety because the pro - posed action does not affect working conditions. (
c) Cost Impacts on a Representative Private Person or Business The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. However, an estimated 15 to 25 busi- nesses that serve sport fishing activities are expected to be directly and/or indirectly affected by reduced visitor spending that may result in temporary reduc - tions in net revenue. (
d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State The Commission estimates that the Department will not experience any reductions in North Coast Salmon Report Card (and steelhead card) revenue in the cur - rent and subsequent two fiscal years because the cards are purchased to fish in several other areas of the state. No costs/savings to federal funding to the State are anticipated.
The proposed regulations for managing anadromous waters of the Klamath river basin during and after the removal of four dams will not impose new costs or savings for the Department fisheries or law enforcement branches. Public outreach and com - munications efforts are coordinated with the dam de– construction management. (
e) Nondiscretionary Costs/Savings to Local Agencies No nondiscretionary costs or savings are anticipated for local agencies. Any fishery closures are enforced by the Department. Local governments may experi - ence a decline in sales and transient occupancy taxes (see STD. 399 and Addendum) from periodic declines in salmon angler visits to the areas in proximity of the closures. However, the shifts in regional expenditures are principally caused by the dam deconstruction proj- ect that in turn prompts intervals of salmon fishery closures. (
f) Programs Mandated on Local Agencies or School Districts None. (
g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under
Part 7 (commencing with
Section 17500) of Division 4, Government Code None. (
h) Effect on Housing Costs None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis - sion has drafted the regulations in Plain English pur - suant to Government Code Sections 11342.580 and 11346.2(a)(1).
CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing 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. TITLE 16.
BOARD OF REGISTERED NURSING CONTINUING EDUCATION REQUIREMENTS; EXEMPTIONS NOTICE IS HEREBY GIVEN that the Board of Registered Nursing (hereafter Board) is proposing to take the action described in the Informative Digest be- low, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.
However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1497 WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than by 5:00 p.m. on Wednesday, January 3, 2024, or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 2715, 2736.5 and 2811.5, and to implement, interpret or make specific BPC sections 2736.5, 2811.5 and 2786, the Board is considering changes to
Article 5, Division 14 of Title 16 of the CCR. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing regulations at 16 CCR sections 1451 and 1452 require registered nurses (RN) in California to complete 30 contact hours of continuing education (CE) every two years to maintain an active license and provide circumstances where licensees may be exempt from CE requirements, such as the first two years im - mediately following initial licensure in California, or military service or disability hardship. In 2021, the Legislature passed Assembly Bill (AB) 1407 (Burke,
Chapter 445, Statutes of 2021), amend - ing BPC
section 2811.5 to create a new mandate for Board licensees to complete one–hour of implicit bias training as part of their CE requirements. Although licensees are typically exempt from CE requirements during the first two years immediately following their initial licensure in California, BPC
section 2811.5 now establishes that the new implicit bias training require - ment is not included in that standing exemption. BPC
section 2811.5 requires that, starting January 1, 2023, a licensee still within the first 2 years of holding their license, immediately following their licensure, must complete one–hour of direct participation in an im - plicit bias course offered by a CE provider that has been approved by the Board. According to BPC
Section 2811.5(h), the Board also has the discretion to provide exceptions from CE re - quirements for licensees who meet certain criteria. This criterion includes, but is not limited to, residing in another state or country, reasons of health, military service, or other good causes. During their November 2022 and February 2023 meetings, the Board voted that licensees would not be allowed to request an ex - emption from the new implicit bias training require - ment and approved the proposed text.
The Board’s proposal to remove the option of an exemption aims to lessen health care disparities affecting California’s diverse patient population. This proposal makes specific and clarifies provi - sions and will amend California Code of Regulations (CCR), Title 16, Division 14,
section 1452 to add that all newly licensed licensees in California (both by exam or endorsing in from out of state) shall complete one–hour of implicit bias continuing education (CE) training within the first two years of licensure and may not request an exemption for the one–hour of im- plicit bias training. The Board proposes the following changes: ● Amend the Title of
Section 1452 from “Ex - emptions from Continuing Education Require - ments” to “Continuing Education Requirements; Exemptions.” ● Amend Subsection (
a) of
Section 1452 to establish that all licensees must complete one–hour of im - plicit bias training within their first two years of licensure. ● Amend Subsection (
b) of
Section 1452 to clarify that the implicit bias training requirement is not subject to the general CE requirement exemption provided during the first two years immediately following licensure. ● Amend Subsection (
c) of
Section 1452 to clari - fy that a licensee may not request an exemption from the implicit bias training requirement for reasons of health, military service, or other good cause. Anticipated Benefits of the Proposed Regulation The Board has determined that this regulatory proposal does not affect worker safety, or the state’s environment.
This regulatory proposal benefits the health and welfare of California residents by ensuring newly li - censed licensees fulfill the one–hour implicit bias CE requirement and are not allowed to request any ex - emptions, which helps to achieve more fair and equal treatment of residents by competent licensees and pro- motes consumer protection.
Implicit bias impacts the health care disparities ex - perienced by members of racial, ethnic, or religious minorities and other groups, and instruction in under - standing implicit bias will increase awareness among licensees about issues that can unconsciously influence the care they provide and will help them adjust their practices to better serve California’s diverse popula - tion. Members of the public will benefit from having a more informed licensee as such education on implicit bias will aid in creating a professional environment that provides equal treatment to patients.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1498 Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Board conducted a search of any similar regulations on this topic and concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations. INCORPORATION BY REFERENCE No forms are incorporated by reference in the pro - posed regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: None.
The proposed reg- ulations do not result in a fiscal impact to the state. The Board does not anticipate additional workload or costs resulting from the proposed regulations or costs of implementation are a result of current law. Costs/Savings in Federal Funding to the State: None. The regulations do not result in federal funding or any cost or savings to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Local Mandate: None. Business Impact: None.
The Board has made an initial determination that this proposed regulatory action will not have a sig - nificant adverse economic impact on businesses, in - cluding the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business: None. The Board is not aware of any other additional cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed regulation.
The requirement for specified licensees to complete a one–hour implicit bias training was established by state statute, not this rulemaking package. Effect on Housing Costs: None. Business Reporting Requirements: None. The regulatory action does not require businesses to file a report with the Board. EFFECT ON SMALL BUSINESS The Board has determined that there will be no in - creased costs for small businesses with the proposed regulations because businesses are Board licensees and, therefore, are not subject to the one–hour implicit bias training requirement.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Board has determined this regulatory proposal (1) will not create or eliminate jobs; (2) will not cre - ate new business nor eliminate existing businesses; (3) will not expand existing businesses in the state of California. The Board is not aware of any other cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulation.
This regulatory proposal will affect the general health and welfare of California residents by: ● Ensuring that new RNs are trained to identify im- plicit bias so that potential harms to patients can be recognized and corrected. ● Aligning with California’s broader efforts to ad - dress the racial disparities that exist within the healthcare system and work towards health equity. The proposed amendments will not affect worker safety and the environment because this regulation does not relate to worker safety and the environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to the affected private persons and equally effective in implementing the statutory policy or other provision of the law.
Any interested person may submit comments to the Board in writing relevant to the above determinations at 1747 N Market Blvd, Suite 150 Sacramento, CA 95834 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Rea - sons proposed regulatory text, and all the information on which this proposal is based. This material is con - tained in the rulemaking file and is available for public
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1499 inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the Initial Statement of Reasons, and all the in- formation upon which the proposal is based, may be obtained upon request from the person designated in the Notice under Contact Person or by accessing the Board’s website, www.rn.ca.gov.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.
With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below. CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Marissa Clark Address: 1747 N.
Market Boulevard, Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7438 Fax Number: 916–574–7700 Email Address: Marissa.Clark@dca.ca.gov The backup contact person is: Name: Ras Siddiqui Address: 1747 N. Market Boulevard, Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7922 Fax Number: 916–574–7700 Email Address: brn.regulations@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process on the Board’s website.
Copies of the Notice of Pro - posed Action, the Initial Statement of Reasons, and the text of the regulations can be accessed at: https:// www.rn.ca.gov/regulations/proposed.shtml. TITLE 16. BOARD OF PHARMACY DESIGNATION OF PHARMACIST–IN–CHARGE NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) proposes taking the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or argu - ments relevant to the action proposed in writing.
Writ- ten comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by January 2, 2024, or must be received by the board at the hearing, should one be scheduled. PUBLIC HEARING The board has not scheduled a public hearing on this proposed action. The board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period.
The board may, after holding a hearing if request - ed and considering all timely and relevant comments, adopt the proposed regulations substantially as de - scribed in this notice, or may modify the proposed regulations if such modifications are sufficiently relat- ed to the original text.
With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adop- tion from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1500 Authority and Reference:
Section 4005 of the Busi - ness and Professions Code (BPC) authorizes the board to adopt this regulation. The proposed regulation implements, interprets, and makes specific sections 4081, 4113, 4305 and 4330 of the Business and Profes- sions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board is a state agency vested with the authority to regulate the pharmacy industry, including pharma - cies, pharmacists, interns, and pharmacy technicians. The board’s mandate and its mission is to protect the public (BPC 4001.1). Existing pharmacy law establishes the requirement for a pharmacy to designate a pharmacist–in–charge (PIC). This
section further provides that the proposed PIC shall be subject to approval by the board and sets forth the requirements for the PIC (BPC 4113). Existing pharmacy law provides that operation of a pharmacy for more than 30 days without the super - vision or management by a PIC constitutes grounds for disciplinary action. Further, this
section provides that any person who has obtained a license to conduct a pharmacy, who willfully fails to timely notify the board that a PIC has ceased to act in that capacity shall be subject to
summary suspension or revocation of the pharmacy license under specified conditions (BPC 4305). Existing pharmacy law provides that any person who has obtained a pharmacy license and fails to des- ignate a PIC is guilty of a misdemeanor. Further, a pharmacy owner who commits any act that would sub- vert or tend to subvert the efforts of the PIC is guilty of a misdemeanor (BPC 4330). Title 16, California Code of Regulations (CCR) sec- tion 1709.1 provides that a PIC of a pharmacy shall be employed at the location and have responsibility for the daily operations of the pharmacy. The
section further provisions that the pharmacy owner shall vest the PIC with adequate authority to assure compliance with the laws governing the operation of a pharmacy. This proposal will amend CCR
Section 1709.1 to es- tablish a training requirement for a proposed PIC to ensure the individual has an understanding of the legal obligations of a pharmacist serving as a PIC and an attestation confirming the individuals understanding of the authorities vested in such an individual. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS By establishing an attestation and training require - ment, the board will have confirmation that the pro - posed PIC has a full understanding of the obligations set forth for a PIC prior to accepting such a position.
The proposal is consistent with the board’s consum - er protection mandate by ensuring the appropriate knowledge needed of those vested with the authority to ensure a pharmacy operates in the compliance with pharmacy law to ensure appropriate patient care. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS While developing these regulations and amend - ments, the board conducted a search of similar regula- tions on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.
As noted above, these amendments make state law more consistent with federal law. FISCAL IMPACT AND RELATED ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: The board estimates it will take approximately 30 hours of staff time to develop the training module and to implement the training pro - gram with one–time costs of $3,930. There are no cost or savings to any other state agency, and there are no cost or savings in federal funding to the state.
The training module will be posted on the Board’s website during routine information technology up - dates and will not result in additional costs. The Board currently ensures compliance with its regulation through its inspection and enforcement pro- grams. The board does not anticipate any added work- load or costs associated with this regulatory change. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None.
Business Impact: The board has made the initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting businesses including the inability of California busi - nesses to compete with businesses in other States. This initial determination is based on the following facts: This initial determination is based on the absence of testimony to that effect during the public discussion and development of the proposed amendments to the regulation. The board provided training will be free to pharmacists.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 46–Z 1501 Cost Impact on Representative Private Person or Business: The board is not aware of any negative cost impacts that a representative private person or business would necessarily incur in reasonable compliance with pro - posed action. Effect on Housing Costs: None. Effect on Small Business: While the board does not have, nor does it maintain, data to determine if any of its licensees (pharmacies and clinics) are a “small business,” as defined in Gov- ernment Code
section 11342.610, the board has made an initial determination that the proposed regulatory action will not affect small businesses. Although the proposed regulation will directly affect businesses statewide, which may include small businesses, the board does not anticipate any adverse economic im - pact. The board notes that the training requirement es- tablished in the proposed regulation will be provided by the board free of charge.
Results of Economic Impact Assessment/Analysis: Impact on Jobs/New Businesses: The board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses with- in California; (4) this proposal will not eliminate existing business- es within California; and, (5) this proposal will not expand businesses current - ly doing business in the State of California.
The board determined that this proposal will not cause any of the foregoing because the changes are not of sufficient magnitude to create those impacts. This proposal establishes a board provided, free training requirement for a proposed PIC to ensure the individ - ual has an understanding of the legal obligations of a pharmacist serving as a PIC and an attestation con - firming the individuals understanding of the authori - ties vested in such an individual.
Additionally, the board determined that this regu - latory proposal will not impact worker safety, or the state’s environment as these changes do not involve worker safety or the environment. The board has de - termined that this regulatory proposal benefits the health and welfare of California residents by ensuring that the PIC has the appropriate knowledge of their responsibility and authority to ensure a pharmacy op - erates in compliance with pharmacy law to ensure ap- propriate patient care.
CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alter - native that it considered to the regulation, or that has otherwise been identified and brought to its attention, would either be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.
The board considered if there was an alternative means to ensure a proposed pharmacist–in–charge in - cluding allowing training provided by other organiza - tions; however, determined that board provided train - ing would be provided both free of charge and would allow the board to ensure that necessary components are framing of the legal provisions is appropriate. Any interested person may present statements or arguments in writing relevant to the above determi - nations at the address listed for the Contact Person during the written comment period, or at the hearing if one is scheduled or requested.
AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The board has prepared an Initial Statement of Rea- sons for the proposed action and has available all the information upon which the proposal is based. Cop - ies of the exact language of the proposed regulations, the Initial Statement of Reasons, and all of the in - formation upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramen - to, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person na