California Regulatory Notice Register — Register 2018, No. 40-Z

Cal. Reg. Notice Reg. 2018, No. 40

California Z Register

REGISTER (Continued on next page) Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 40−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 5, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−0925−01 ......................................... 1735 Amendment Multi−County: Colton Joint Unified School District Livermore Valley Joint Unified School District TITLE 2. STATE ALLOCATION BOARD Leroy F .

Greene School Facilities Act of 1998; Career Technical Education Facilities Program (CTEFP) Tie — Notice File No. Z2018−0925−05 .................................................... 1736 TITLE 2. ST ATE ALLOCATION BOARD Leroy F . Greene School Facilities Act of 1998; GSD 5 Years — Notice File No. Z2018−0925−04 .............. 1741 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Huanglongbing Interior Quarantine — Notice File No. Z2018−0924−02 ................................. 1746 TITLE 11. DEPARTMENT OF JUSTICE California Firearms Application Reporting System — Notice File No.

Z2018−0925−03 ..................... 1749 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Clean Air Vehicle Decals — Notice File No. Z2018−0924−01 .......................................... 1751 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Ignition Interlock Devices — Notice File No. Z2018−0925−02 ......................................... 1754 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Milestone Completion Credit

Schedule — Notice File No. Z2018−0925−12 ............................... 1757 TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Amendment Averaging Calculations — Notice File No. Z2018−0925−07 ..................... 1760

TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Amendment N−Hexane Maximum Allowable Dose Levels (MADLs) — Notice File No.

Z2018−0925−06 ................................................................. 1764 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Sonoma 101 North of Pepper Road Slide Repair Project, 2080−2018−012−03, Sonoma County .......................... 1767 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination No. 1653−2018−027−001−R1, EFM Patterson Creek Accelerated Wood Recruitment Project, Siskiyou County ............................ 1768 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Intent to List Bevacizumab .............................................................. 1770 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposed Public Health Goals for Trihalomethanes .................................................. 1772 DECISION NOT TO PROCEED GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT Concerning California Competes Tax Credit (Previously Published in Notice Register 2018, No. 32−Z) ........ 1773 OAL REGULATORY DETERMINATION DEPARTMENT OF STATE HOSPITALS 2018 OAL DETERMINATION NO. 2 (

S) SUMMARY DISPOSITION Beverages Containing Caffeine .................................................................. 1774 DISAPPROV AL DECISION FISH AND GAME COMMISSION Commercial Use of Native Rattlesnakes for Biomedical Purposes ....................................... 1775

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1776 Sections Filed, April 25, 2018 to September 26, 2018 ................................................ 1779 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 REGULA TORY 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 http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1735 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 Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment 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: Colton Joint Unified School District Livermore Valley Joint Unified School District A written comment period has been established com- mencing on October 5, 2018, and closing on November 19, 2018.

Written comments should be directed to the Fair Political Practices Commission, Attention Brianne Kilbane, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for her review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon her or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re−submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than November 19, 2018. 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. Therefore, they are not “costs mandated by the state” as defined in Govern- ment 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, re- vise the proposed code and approve it as revised, or re- turn 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(

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1736 A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2. STATE ALLOCATION BOARD THE STATE ALLOCATION BOARD PROPOSES TO AMEND REGULATION SECTIONS 1859.194 AND 1859.196, TITLE 2, CALIFORNIA CODE OF REGULATIONS, RELATING TO LEROY F.

GREENE SCHOOL FACILITIES ACT OF 1998 REGULATION SECTIONS PROPOSED FOR AMENDMENTS • 1859.194 and 1859.196 NOTICE IS HEREBY GIVEN that the State Alloca- tion Board (SAB) proposes to amend the above− referenced regulation sections, contained in Title 2, California Code of Regulations (CCR). A public hear- ing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized repre- sentative, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written com- ment period.

Following the public hearing, if one is re- quested, or following the written comment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals substantially as set forth above without fur- ther notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above− referenced regulation sections under the authority pro- vided by Sections 17070.35, 17078.72(

k) and 17078.72(

l) of the Education Code. The proposals in- terpret and make specific reference Sections 17076.10 and 17078.72 of the Education Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 es- tablished, through Senate Bill 50,

Chapter 407, Statutes of 1998, the School Facility Program (SFP). The SFP provides a per−pupil grant amount to qualifying school districts for purposes of constructing school facilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were approved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999.

At its August 15, 2018 meeting, the SAB adopted proposed regulations that define the criteria for funding order when a tie exists among two or more Approved Applications for Career Technical Education Facilities Project Funding. SFP Regulations stipulate that Career Technical Edu- cation Facilities Program (CTEFP) funds be appor- tioned based on the highest scored application from each locale (Urban, Suburban, and Rural) with at least one application from each locale.

If two or more appli- cations share the same score and locale, the application with the highest number of points in all weighted areas will be funded first. During the processing of applica- tions for the fourth funding cycle of the CTEFP, there were multiple (42) instances of tied rankings in the funding order. Currently, SFP Regulations do not ad- dress how to resolve tied weighted scores.

Bond Funds Impacted • Kindergarten−University Public Education Facilities Bond Act of 2006 (Proposition 1D) • Kindergarten through Community College Public Education Facilities Bond Act of 2016 (Proposition 51) Attached to this Notice is the specific regulatory lan- guage of the proposed regulatory action, along with the proposed regulations. The proposed regulations can be reviewed on OPSC’s website at www.dgs.ca.gov/opsc. Copies of the proposed regulations will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice.

The proposed regulations amend the SFP Regulations under the California Code of Regulations, Title 2,

Chapter 3, Subchapter 4, Group 1, State Allocation Board, Sub- group 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998. Background and Problem Being Resolved In May 2018, the SAB approved CTEFP applications for the fourth funding cycle. Based on SFP Regulations, the funding order for applications is determined by ca- reer technical education (CTE) plan score and locale. The highest scoring application in each of the three des- ignated locales (Urban, Suburban, and Rural) is pre-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1737 sented for funding and then the process repeats until ap- plications or funding is exhausted, whichever comes first. During the course of processing the CTEFP applica- tions in the fourth funding cycle, OPSC encountered 42 instances of ties in the funding order of CTEFP applica- tions. SFP Regulations state that funding for applica- tions receiving the same CTE plan score will be funded in order of highest total points in all weighted areas identified in Education Code

Section 17078.72(j). If two or more applications have the same CTE plan score, the complete score (extended by two decimal points) was taken into consideration. If two or more applica- tions had the same extended score, the California De- partment of Education (CDE) provided OPSC with the applications’ total weighted score as a tie−breaker. However, there were some occurrences of multiple ap- plications having the same total weighted score. The SFP Regulations do not currently identify addi- tional criteria to determine the ranking of applications that share the same weighted score.

Without a regula- tion to provide further direction, OPSC placed these ap- plications in order of the Application for Career Techni- cal Education Facilities Funding, (Form SAB 50−10) date received and then alphabetically. For projects that received approval in the fourth funding cycle, the tied scores did not impact whether or not an application re- ceived funding, only the order of the list. OPSC held two stakeholder meetings to obtain stake- holder feedback on additional criteria for tie−breakers in the funding order of CTEFP applications for future SFP regulatory amendments.

Therefore, the proposed regulations will help to resolve the problem of tied scores in the ranking of the funding order for CTEFP applications and are as follows: • Subsection (d)(3)(A): first, the application with the highest total score in all weighted areas. • Subsection (d)(3)(B): next, the applicant that does not have another application that will receive funding in the current cycle or did not receive funding in the prior funding cycle. • Subsection (d)(3)(C): if the tie is still not resolved, funding order may be based on a lottery.

OPSC performed a search on whether the proposed amendments were consistent and compatible with ex- isting State laws and regulations. After performing the search, OPSC, on behalf of the SAB, has determined that the proposed regulatory amendments are consistent and compatible with existing State laws and regula- tions. Proceeding with the proposed regulatory amend- ments will help to resolve tied scores in the ranking of the funding order for CTEFP applications.

This will benefit school districts and local educational agencies by ensuring equity to CTEFP applications when there are ties in the ranking of the funding order. Anticipated Benefits of the Proposed Regulations The proposed regulations promote fairness and social equity by resolving tied scores in the ranking of the funding order for CTEFP applications.

The State of California will also benefit by continuing to provide facilities needed for students to learn the skills and knowledge critical for today’s high demand technical careers and increasing the State’s infrastructure investment result- ing in a positive impact to the State’s economy as well as supporting job creation. The proposed amendments are therefore determined to be consistent and compatible with existing State laws and regulations. Proceeding with the implementation of the proposed amendments carries out the will of the vot- ers based on the successful passage of Proposition 51 in November 2016.

The CTEFP will have a positive im- pact to the State’s economy and has the potential of cre- ating jobs.

Summary of the Proposed Regulatory Amendments Existing Regulation

Section 1859.194 specifies that CTEFP apportionments shall require an applicant matching share contribution on a dollar−for−dollar ba- sis, and that loans may be requested by districts needing assistance to reach their matching share requirement, if specified criteria are met. Terms of loan agreements are set forth, including the requirement to repay the loan to the State with interest on the unpaid balance at the same rate as that charged by the Pooled Money Investment Board.

The proposed amendments define the condi- tions for how an applicant who received a loan for its matching share can qualify for a one−time extension to the ten−year repayment plan. These amendments mir- ror the conditions for repayments set forth in SFP Regu- lation

Section 1859.106.1. The statute currently refer- enced in this regulation

section is no longer operative, which necessitates the need to make the requirements of CTEFP consistent with other School Facility Programs. Existing Regulation

Section 1859.196 specifies the prioritization of CTEFP applications for funding sorted by project locale as Urban, Suburban, or Rural, and ranked from highest to lowest according to the numeri- cal score as determined by the California Department of Education (CDE). The proposed amendments define

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1738 the criteria for funding order when a tie exists and the order is as follows: • Subsection (d)(3)(A): first, the application with the highest total score in all weighted areas. • Subsection (d)(3)(B): next, the applicant that does not have another application that will receive funding in the current cycle or did not receive funding in the prior funding cycle. • Subsection (d)(3)(C): if the tie is still not resolved, funding order may be based on a lottery. In addition, the two paragraphs below Subsection (

d) are numbered as (

e) and (

f) and there were also defined terms that incorrectly referenced CTEFP applications. The term “Career Technical Education Facilities Project” is being replaced by “Approved Application for Career Technical Education Facilities Project Fund- ing,” which refers to an application that has not yet been funded. The term currently in the SFP Regulations refers to an application that has been approved by the SAB for funding. Further, the correct terms are defined and referenced in SFP Regulation

Section 1859.2. Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitu- tion, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemaking provi- sions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administra- tion of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportionments under this part, it shall prescribe rules and regulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any information it may deem necessary or appropriate. Unless otherwise pro- vided in the appropriation act, the board may require that applications for allocations or apportionments be submitted to it for approval.

Determination of Inconsistency or Incompatibility with Existing State Regulations The SFP Regulations do not currently identify addi- tional criteria to determine the ranking of applications that share the same weighted score. Without a regula- tion to provide further direction, OPSC placed these ap- plications in order of the Application for Career Techni- cal Education Facilities Funding, (Form SAB 50−10) date received and then alphabetically.

For projects that received approval in the fourth funding cycle, the tied scores did not impact whether or not an application re- ceived funding, only the order of the list.

Therefore, the proposed regulatory amendments will help to resolve the problem of tied scores in the ranking of the funding order for CTEFP applications and are as follows: • Subsection (d)(3)(A): first, the application with the highest total score in all weighted areas. • Subsection (d)(3)(B): next, the applicant that does not have another application that will receive funding in the current cycle or did not receive funding in the prior funding cycle. • Subsection (d)(3)(C): if the tie is still not resolved, funding order may be based on a lottery.

After conducting a review, the SAB has concluded that these are the only regulations on this subject area, and therefore, the proposed amendments are neither in- consistent nor incompatible with existing State laws and regulations. The proposed regulatory amendments are within the SAB’s authority to enact regulations for the SFP under Education Code

Section and Govern- ment Code

Section 15503. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulations do not impose a mandate or a mandate requiring reimbursement by the State pur- suant to

Part 7 (commencing with

Section 17500) of Di- vision 4 of the Government Code. It will not require lo- cal agencies or school districts to incur additional costs in order to comply with the proposed regulations.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: • The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. • The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. • There will be no non−discretionary costs or savings to local agencies. • The proposed regulations create no costs to any local agency or school district requiring reimbursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the required district contribution toward each project as stipulated in statute.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1739 • There will be no costs or savings in federal funding to the State. • The proposed regulations create no costs or savings to any State agency beyond those required by law. • The SAB has made an initial determination that there will be no impact on housing costs. RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact to Businesses and Jobs in California The SFP Regulations do not currently identify addi- tional criteria to determine the ranking of applications that share the same weighted score.

Proceeding with the implementation of the proposed regulations will provide facilities needed for students to learn the skills and knowledge critical for today’s high demand technical careers and increase the State’s infra- structure investment resulting in a positive impact to the State’s economy as well as supporting job creation. The CTEFP carries out the will of the voters based on the successful passage of Proposition 51 in November 2016.

Therefore, the proposed regulations will most likely have a positive effect on the State’s economy, creation of jobs, creation of new businesses, expansion of busi- nesses, and will not eliminate jobs or eliminate existing businesses within California. Benefits to Public Health and Welfare, Worker’ s Safety, and the State’ s Environment • The proposed regulations promote fairness and social equity by resolving tied scores in the ranking of the funding order for CTEFP applications.

This will benefit school districts and local educational agencies by breaking tied scores based on criteria that gives priority to first−time recipients of CTEFP funding in the current funding cycle for which applications were being considered or the cycle prior to the current one, which is in alignment with the statutory intent to distribute CTEFP funding throughout the State. • The proposed regulations promote the State’s general welfare by providing facilities needed for students to learn the skills and knowledge critical for today’s high demand technical careers.

The CTEFP carries out the will of the voters based on the successful passage of Proposition 51 in November 2016. • There are continued benefits to the health and welfare of California residents and worker safety. School districts and local educational agencies utilize construction and trades employees to work on school construction projects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safety of construction and trades employees through proper apprenticeship and training.

Further, public health and safety is enhanced because a properly paid and trained workforce will build school construction projects that are higher quality, structurally code− compliant and safer for use by pupils, staff, and other occupants on the site. • There is no impact to the State’s environment from the proposed regulations. The SAB finds the proposed regulations fully consis- tent with the stated purposes and benefits. EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulations will not have a negative impact on small businesses in the ways identified in subsections (a)(1)−(4) of

Section 4, Title 1, CCR. Although the proposed regulations only apply to school districts and local educational agencies for purposes of funding school facility projects, the de- mand on the manufacturing and construction−related industries could potentially stimulate the creation of small businesses in these areas. SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, argu- ments or contentions, in writing, submitted via U.S. mail, e−mail or fax, relevant to the proposed regulatory action. Written comments submitted via U.S. mail,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1740 e−mail or fax must be received at OPSC no later than November 19, 2018. The express terms of the proposed regulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, e−mail or fax, regarding the proposed regulatory action, re- quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con- cerning the substance of the proposed regulatory action should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 6th Floor West Sacramento, CA 95605 E−mail Address: lisa.jones@dgs.ca.gov Fax No.: (916) 375−6721 AGENCY CONTACT PERSONS General or substantive questions regarding this No- tice of Proposed Regulatory Action may be directed to Ms.

Lisa Jones at (916) 376−1753. If Ms. Jones is un- available, these questions may be directed to the backup contact person, Mr. Michael Watanabe, Chief of Ad- ministrative Services, at (916) 376−1646. ADOPTION OF REGULATIONS Please note that, following the public comment peri- od, the SAB may adopt the regulations substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifications are made, the modified text with the changes clearly in- dicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula- tions should be addressed to the agency’s regulation co- ordinator identified above. The SAB will accept written comments on the modified regulations during the 15−day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulations with modifications not sufficient- ly related to the original text, the modified text will not be adopted without complying anew with the notice re- quirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, reports or written comments are received they will be added to the rulemaking file. The file is available for public in- spection at OPSC during normal working hours.

Items 1 through 3 are also available on OPSC’s Internet website at: http://www.dgs.ca.gov/opsc under “Resources,” click on “Laws and Regulations,” then click on “SFP Pending Regulatory Changes.” ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB has determined that no rea- sonable alternative it considered 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 bur- densome to affected private persons than the proposed action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1741 TITLE 2. STATE ALLOCATION BOARD THE STATE ALLOCATION BOARD PROPOSES TO AMEND REGULATION

SECTION 1859.76, TITLE 2, CALIFORNIA CODE OF REGULATIONS, RELATING TO LEROY F. GREENE SCHOOL FACILITIES ACT OF 1998 NOTICE IS HEREBY GIVEN that the State Alloca- tion Board (SAB) proposes to amend the above− referenced Regulation Section, contained in Title 2, California Code of Regulations (CCR). A public hear- ing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized repre- sentative, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written com- ment period.

Following the public hearing, if one is re- quested, or following the written comment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposal substantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above− referenced regulation

section under the authority pro- vided by

Section 17070.35 of the Education Code, and makes specific reference to Sections 17070.35, 17072.12, and 17072.35 of the Education Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 es- tablished, through Senate Bill 50,

Chapter 407, Statutes of 1998, the School Facility Program (SFP). The SFP provides a per−pupil grant amount to qualifying school districts for purposes of constructing school facilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were approved by the Office of Administrative Law (OAL) and filed with the Secretary of State on October 8, 1999.

The SAB, at its June 27, 2018 meeting, adopted a pro- posed regulatory amendment to the SFP Regulations that would extend for five years [until January 1, 2024] the additional grant to school districts for new construc- tion general site development costs. This additional grant helps school districts cover the extra costs for items such as landscaping, finish grading, driveways, walkways, outdoor instructional play facilities, perma- nent playground equipment, and athletic fields.

School districts may be eligible for the additional grant when building new schools and for additions to existing school sites where additional acreage is acquired.

Bond Funds Impacted The following five State school bonds were autho- rized by the Legislature and approved by the State’s electorate for purposes of school facility construction: • Class Size Reduction Kindergarten−University Public Education Facilities Bond Act of 1998 (Proposition 1A) • Kindergarten−University Public Education Facilities Bond Act of 2002 (Proposition 47) • Kindergarten−University Public Education Facilities Bond Act of 2004 (Proposition 55) • Kindergarten−University Public Education Facilities Bond Act of 2006 (Proposition 1D) • Kindergarten through Community College Public Education Facilities Bond Act of 2016 (Proposition 51) Background and Problem Being Resolved The SAB adopted the additional grant for general site development costs at its June 28, 2006 meeting.

The proposed regulation was approved by the OAL and filed with the Secretary of State on September 5, 2006. This additional grant helps school districts cover the ex- tra costs for items such as landscaping, finish grading, driveways, walkways, outdoor instructional play facili- ties, permanent playground equipment, and athletic fields. School districts may be eligible for the additional grant when building new schools and for additions to existing school sites where additional acreage is acquired.

As first implemented, the additional grant for general site development costs was to be suspended “no later than January 1, 2008” unless extended by the SAB.

The following is a sequence of events extending the addi- tional grant for general site development: • First One−Year Extension: The SAB, at its December 12, 2007 meeting, approved emergency regulations extending the suspension date to “no later than January 1, 2009,” which was approved by the OAL and filed with the Secretary of State on March 3, 2008. • Second One−Year Extension: The SAB, at its February 25, 2009 meeting, approved extending the suspension date to “no later than January 1, 2010,” which was approved by the OAL and filed with the Secretary of State on September 18, 2009. • Third One−Year Extension: The SAB, at its November 4, 2009 meeting, approved extending the suspension date to “no later than January 1,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1742 2011,” which was approved by the OAL and filed with the Secretary of State on April 8, 2010. • Fourth One−Year Extension: The SAB, at its June 23, 2010 meeting, approved extending the suspension date to “no later than January 1, 2012,” which was approved by the OAL and filed with the Secretary of State on April 27, 2011. • Fifth Two−Year Extension: The SAB, at its July 12, 2011 meeting, approved extending the suspension date to “no later than January 1, 2014,” which was approved by the OAL and filed with the Secretary of State on December 28, 2011. • Sixth One−Year Extension: The SAB, at its May 22, 2013 meeting, approved extending the suspension date to “no later than January 1, 2015,” which was approved by the OAL, filed with the Secretary of State on October 30, 2013, and took effect January 1, 2014, due to Senate Bill (SB) 1099,

Chapter 295, Statutes of 2012. • Seventh One−Year Extension: The SAB, at its August 20, 2014 meeting, approved extending the suspension date to “no later than January 1, 2016,” which was approved by the OAL, filed with the Secretary of State on February 9, 2015, and took effect on April 1, 2015, due to SB 1099,

Chapter 295, Statutes of 2012. • Eighth One−Year Extension: The SAB, at its May 27, 2015 meeting, approved extending the suspension date to “no later than January 1, 2017,” which was approved by the OAL and filed with the Secretary of State on December 21, 2015. • Ninth One−Year Extension: The SAB, at its May 25, 2016 meeting, approved extending the suspension date to “no later than January 1, 2018,” which was approved by the OAL and filed with the Secretary of State on December 12, 2016. • Tenth One−Year Extension: The SAB, at its June 5, 2017 meeting, approved extending the suspension date to “no later than January 1, 2019,” which was approved by the OAL and filed with the Secretary of State on December 20, 2017.

The proposed regulatory amendment continues to be extended until a complete analysis of the new construc- tion base grant can be completed. The analysis must de- termine whether the extra costs associated with the ad- ditional grant for general site development, (such as landscaping, finish grading, driveways, walkways, out- door instructional play facilities and permanent play- ground equipment, and athletic fields), are included in the SFP per−pupil base grant. There has not been con- clusive evidence to show that this additional grant is not needed to complete the projects.

Attached to this Notice is the specific regulatory lan- guage of the proposed regulatory action. You may also review the proposed regulatory language on OPSC’s website at www.dgs.ca.gov/opsc. Copies of the amend- ed regulatory text will be mailed to any person request- ing this information by using OPSC contact informa- tion set forth on page 7. The proposed regulation amends the SFP Regulations under the CCR, Title 2,

Chapter 3, Subchapter 4, Group 1, State Allocation Board, Subgroup 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998.

Financial Impact From the inception of the general site development grant in 2006 through December 2023, 837 school facil- ity projects have and may receive the general site devel- opment additional grant, averaging $396,666 per eligi- ble project in State bond cost. [Please refer to Attach- ment 1 for the bond funds apportioned to date and pro- jected eligible projects for the next five fiscal years (2018/19 through 2022/23, and July through December 2023) for the general site development grant.] School districts may be eligible for the additional grant when building new schools and for additions to existing school sites where additional acreage is acquired.

The SAB is providing approvals for New Construc- tion, Charter School Facilities Program and Facility Hardship/Seismic Mitigation Program (SMP) projects. Facility Hardship/Rehabilitation and SMP projects are health and safety projects that could be eligible for the general site development grant. Health and safety projects are presented to the SAB on an on−going basis.

Anticipated Benefits of the Proposed Regulations Extending the SFP general site development grant for five years will have a positive impact on California businesses providing landscaping, finish grading, driveways, walkways, outdoor instructional play facili- ties, permanent playground equipment, and athletic fields, including the companies which supply the mate- rials for these improvements. Failure to implement this regulation may require reducing the scope of work for some school projects.

The State of California benefits from this regulation as it assists in increasing the State’s infrastructure in- vestment resulting in a positive impact to the State’s economy as well as help to support job creation. This regulation will have a positive impact to various busi- ness, manufacturing, and construction−related indus- tries such as architecture, engineering, trades and mu- nicipalities, along with the creation of an unknown amount of [temporary] jobs. There is a public health and safety impact assigned to the regulation.

School site occupants, especially young children, will have less risk of injury and safer ingress and egress when driveways and walkways are wide,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1743 level, and extensive, when finish grading is thorough, when play facilities are of high quality on safe ground cover material, and athletic fields are well−designed with safe playing surfaces, adequate protective fences, and appropriate walkways. The proposed regulatory amendment is therefore de- termined to be consistent and compatible with existing State laws and regulations. Proceeding with the imple- mentation of this regulatory amendment will have a positive impact on public health and safety at K−12 public schools because school site occupants will have less risk of injury for the reasons noted above.

Summary of the proposed regulatory amendment is as follows: Existing Regulation

Section 1859.76 provides new construction additional grants for specific types and amounts of site development costs. It provides that the additional grant for general site development costs shall be suspended “no later than January 1, 2019” unless ex- tended by the SAB. The proposed amendment extends the suspension of the additional grant for general site development costs until “no later than January 1, 2024.” Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitu- tion, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemaking provi- sions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administra- tion of this chapter. Government Code

Determination of Inconsistency or Incompatibility with Existing State Regulations The proposed regulatory amendment continues to be extended until a complete analysis of the new construc- tion base grant can be completed. The analysis must de- termine whether the extra costs associated with the ad- ditional grant for general site development, (such as landscaping, finish grading, driveways, walkways, out- door instructional play facilities and permanent play- ground equipment, and athletic fields), are included in the SFP per−pupil base grant.

There has not been con- clusive evidence to show that this additional grant is not needed to complete the projects. School districts may be eligible for the additional grant when building new schools and for additions to existing school sites where additional acreage is required. After conducting a review, OPSC, on behalf of the SAB, has concluded that this is the only regulation on this subject area, and therefore, the proposed regulation is neither inconsistent nor incompatible with existing State laws and regulations.

The proposed regulatory amendment is within the SAB’s authority to enact regu- lations for the SFP under Education Code

Section 17070.35 and Government Code

Section 15503. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulation does not impose a mandate or a mandate requiring reimbursement by the State pur- suant to

Part 7 (commencing with

Section 17500) of Di- vision 4 of the Government Code. It will not require school districts or charter schools to incur additional costs in order to comply with the proposed regulation.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: • The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. • The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. • There will be no non−discretionary costs or savings to local agencies. • The proposed regulations create no costs to any local agency, school district, or charter school requiring reimbursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the required district contribution toward each project as stipulated in statute. • There will be no costs or savings in federal funding to the State. • The proposed regulation creates no costs or savings to any state agency beyond those required by law. • The SAB has made an initial determination that there will be no impact on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1744 RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact to Businesses and Jobs in California There is a positive economic impact to California business by extending for five years the SFP general site development grant.

This will provide the funds to school districts building new construction projects to contract with businesses and suppliers for necessary landscaping, finish grading, driveways, walkways, out- door instructional play facilities, permanent play- ground equipment, and athletic fields, thus supporting jobs in these construction−related industries. The pro- posed regulation: • Continues to be extended until a complete analysis of the new construction base grant can be completed.

The analysis must determine whether the extra costs associated with the additional grant for general site development, (such as landscaping, finish grading, driveways, walkways, outdoor instructional play facilities and permanent playground equipment, and athletic fields), are included in the SFP per−pupil base grant.

There has not been conclusive evidence to show that this additional grant is not needed to complete the projects; • Extends this additional grant until “no later than January 1, 2024”; • Adds an average $396,666 per eligible project in State bond funds to the SFP new construction funding model, which includes the pupil grant base amount and other additional grants; and • Creates an unknown amount of (temporary) jobs in landscaping, concrete, asphalt, finishing, playground and athletic field equipment, and other construction trades, along with stimulating the economy.

Further, by extending the SFP general site develop- ment grant for five years, it will have a positive impact on California businesses providing landscaping, finish grading, driveways, walkways, outdoor instructional play facilities, permanent playground equipment, and athletic fields, including the companies which supply the materials for these improvements because school districts will be able to more fully afford them. Failure to implement this regulation may require reducing the scope of work for some school projects.

This regulation affects various business, manufactur- ing, and construction−related industries such as archi- tecture, engineering, trades and municipalities, which continues to promote the stimulation of the economy and helps to support job creation. Therefore, the proposed regulation will have a posi- tive impact on the creation of jobs, the creation of new businesses, and the expansion of businesses in Califor- nia. It is not anticipated that the proposed regulation will result in the elimination of existing businesses or jobs within California.

Benefits to Public Health and Welfare, Worker’ s Safety, and the State’ s Environment • There is a health and safety impact assigned to this regulatory amendment.

School site occupants, especially young children, will have less risk of injury and safer ingress and egress when driveways and walkways are wide, level, and extensive, when finish grading is thorough, when play facilities are of high quality on safe ground cover material, and athletic fields are well−designed with safe playing surfaces, adequate protective fences, and appropriate walkways. • There are continued benefits to the health and welfare of California residents and worker safety.

School districts utilize construction and trades employees to work on school construction projects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safety of construction and trades employees through proper apprenticeship training.

Further, public health and safety is enhanced because a properly paid and trained workforce will build school construction projects that are higher quality, structurally code−compliant and safer for use by pupils, staff, and other occupants on the site. • Extending the SFP general site development grant for five years will have a positive impact on California businesses providing landscaping, finish grading, driveways, walkways, outdoor instructional play facilities, permanent playground equipment, and athletic fields, including the companies which supply the materials for these improvements.

Failure to implement this regulation may require reducing the scope of work for some school projects. • This regulation will have a positive impact to various business, manufacturing, and construction−related industries such as architecture, engineering, trades (carpenters, masons, electricians, roofers, etc.) and municipalities, and supports the creation of an unspecified number of jobs. • There is no impact to the State’s environment from the proposed regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1745 EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulation will not have a negative impact on small businesses in the ways identified in subsections (a)(1)−(4) of

Section 4, Title 1, CCR. Although the proposed regulation only applies to school districts and charter schools for pur- poses of funding school facility projects, the demand on the manufacturing and construction−related industries could potentially stimulate the creation of small busi- nesses in these areas. SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, argu- ments or contentions, in writing, submitted via U.S. mail, e−mail or fax, relevant to the proposed regulatory action.

Written comments submitted via U.S. mail, e−mail or fax must be received at OPSC no later than November 19, 2018. The express terms of the proposed regulations as well as the Initial Statement of Reasons are available to the public.

If Ms. Jones is unavail- able, these questions may be directed to the backup con- tact person, Mr. Michael Watanabe, Chief of Adminis- trative Services, at (916) 376−1646. ADOPTION OF REGULATIONS Please note that, following the public comment peri- od, the SAB may adopt the regulations substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula- tions should be addressed to the agency’s regulations coordinator identified above. The SAB will accept writ- ten comments on the modified regulations during the 15−day period.

The file is available for public in- spection at the OPSC during normal working hours. Items 1 through 3 are also available on the OPSC Inter- net website at: http://www.dgs.ca.gov/opsc under “Re- sources,” click on “Laws and Regulations,” then click on “SFP Pending Regulatory Changes.” ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB must determine that no rea- sonable alternative it considered or that has otherwise

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1746 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 bur- densome to affected private persons than the proposed action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the agency’s regulations coordinator named in this notice or may be accessed on the website listed above. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart- ment) amended subsection 3439 of the regulations in Title 3 of the California Code of Regulations pertaining to Huanglongbing (HLB) Disease Interior Quarantine as an emergency action that was effective on May 24, 2018.

The Department proposes to continue the regula- tion as amended and to complete the amendment process by submission of a Certificate of Compliance no later than November 20, 2018. This notice is being provided to be in compliance with Government Code

Section 11346.4. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed amendment to the Department. Comments may be submitted by mail, facsimile (FAX) at 916.651.2900 or by email to Dean.Kelch@cdfa.ca.gov.

The written comment period closes at 5:00 p.m. on No- vember 19, 2018. The Department will consider only comments received at the Department offices by that time.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Following the public hearing if one is requested, or following the written comment period if no public hear- ing is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of

Section 3439 is to provide au- thority to the State to regulate the movement of hosts and possible carriers of Huanglongbing (HLB), Candi- datus Liberibacter asiaticus, from and/or within a re- gional quarantine zone. Under the proposed regulation change,

Section 3439 would adopt criteria, notification, and an appeals process for HLB quarantine designations. Anticipated Benefits from This Regulatory Action Existing law, F AC

Section 407, provides that the Sec- retary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that the Secretary is directed or authorized to administer or enforce. Existing law, FAC

Section 5301, states that the direc- tor may establish, maintain, and enforce such quaran- tine regulations as she deems necessary to protect the agricultural industry of this state from pests. The regu- lations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, states that the direc- tor may make and enforce such regulations as she deems necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any state quarantine line. Existing law, FAC

Section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the fea- sibility of its control or eradication. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quaran- tine, eradication, and such other regulations as are in her opinion necessary to circumscribe and exterminate or prevent the spread of any pest that is described in FAC

Section 5321.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1747 Existing law, FAC

Section 5911, declares that HLB is a clear and present danger to California’s citrus indus- try, as well as other commodities and plant life, and that prevention and management of HLB is in the public in- terest and for the purpose of protecting health, peace, safety, and general welfare of the people of this state. Existing law, CCR

Section 3439, defines the state’s interior quarantine area for HLB, articles and com- modities covered by the quarantine, restrictions, and exemptions. The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad- icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. This amend- ment provides the necessary regulatory authority to pre- vent the artificial spread of a serious insect pest which is a mandated statutory goal.

The specific anticipated benefits of the amendment of this regulation are: The adoption of this regulation benefits the citrus in- dustries (nursery, fruit for domestic use and exports, cit- rus packing facilities) and the environment (urban land- scapes) by establishing a quarantine program to prevent the artificial spread of HLB over long distances, includ- ing to currently noninfested parts of the state. FAC

Section 401.5 states, “The department shall seek to protect the general welfare and economy of the state and seek to maintain the economic well−being of agri- culturally dependent rural communities in this state.” The adoption of this regulation is one step to mitigate the spread of HLB and its vector, Asian Citrus Psyllid (ACP). This prevents the ACP from naturally spreading and increasing the chances of successfully containing the disease to the smallest area possible. All quarantine activities are conducted by the Depart- ment. Most host material infected with HLB will die, as there is no cure.

Homeowners and others will benefit by having this host material removed at no cost to them. California consumers benefit as the fruit from host trees infected with HLB is inedible. Confining HLB in- festations to the smallest area possible ensures citrus fruit and other host fruits are available for consumption at reasonable prices. The Department considered any other possible related regulations in this area, and it finds that these are the only regulations dealing in this subject area, and that the Department is the only State agency that can implement plant quarantines. As re- quired by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this reg- ulation and has determined that it is consistent and com- patible with existing state regulations. There is no exist- ing comparable federal regulation or statute regulating the intrastate movement of HLB hosts. AMENDED TEXT The emergency rulemaking action of May 24, 2018 amended Title 3, CCR

Section 3439, Huanglongbing Interior Quarantine, to repeal all existing Huanglong- bing Disease Interior Quarantine Zones and established criteria for a quarantine area. The regulation established an appeal process for interested parties to challenge an area quarantine designation and a list serve subscription for purposes of receiving updates on changes in region- al quarantine zones. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no other nondiscretionary costs or savings to local agencies or school districts. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: The Department has determined there are ap- proximately 27 citrus production nurseries, 43 citrus growers, 3 packers/processors, and 3 citrus transporters in the currently existing HLB quarantine areas. Amend- ment of

Section 3439 would have little adverse eco- nomic impact on growers, as a group. The amendment of this regulation benefits the vast majority of the Cali- fornia citrus industry and the environment by having a quarantine program to prevent the spread of HLB, thus confining HLB’s devastating impacts to the smallest area possible. Almost all of the State’s commercial cit- rus fruit and nursery stock production is located outside the area known to be infected with HLB.

The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant effect on housing costs: None. Small Business Determination • The Department has determined that the proposed regulations may affect small business. Growers will be minimally impacted if they send their fruit to a packing house or processor within their quarantine region. All loads of bulk citrus must be

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1748 either field cleaned, pre−harvest or post−harvest treated with an approved product effective against psyllids. There are two quarantine requirement options for these growers: Option (1) or two options from either (2), (3), and (4).

(1) Prior to moving out of the HLB quarantine area, the citrus fruit must be run through a wet wash to remove all stems, leaves, and plant debris from the fruit.

(2) Field clean the fruit to remove leaves and stems during the harvest process.

(3) Spray and harvest the grove with an approved product within 14 days of harvest.

(4) Post−harvest treatment option with an approved product. Information for Citrus Growers/Grove Managers in an Asian Citrus Psyllid (ACP) Bulk Citrus Regional Quarantine Zone or Huanglongbing (HLB) Quarantine Area July 24, 2018. RESULTS OF THE ECONOMIC IMPACT ANALYSIS Based on the information above, amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California. The Department is not aware of any specific benefits that the amendment of this regulation would have per- taining to California worker safety. The Department be- lieves the amendment of this regulation benefits the general health and welfare of California residents by ensuring the availability of citrus for consumption at reasonable prices and protecting the economic benefits the estimated $2.19 billion per year citrus industry brings to the State’s economy.

This regulation benefits more than 99 percent of the citrus industries (nursery and fruit) that are located outside the quarantine area. The amendment of this regulation helps protect this economic engine and food source which benefits the general health and welfare of California residents. This amendment protects thousands of backyard gardeners throughout California who produce large quantities of fruit for their own use, and it supports the traditions, no- tably in Asian cultures, that many families have for growing and using citrus fruit.

The amendment of this regulation also promotes the economic well−being of agriculturally dependent rural California communities and reduces the potential adverse environmental im- pacts caused by HLB [Government Code

Sec. 11346.3(b)]. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective 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 statuto- ry policy or other provision of law. AUTHORITY The Department proposes to amend CCR

Section 3439 pursuant to the authority vested by Sections 407, 5301, 5302 and 5322 of the FAC. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5301, 5302, 5321, 5322, 5911, FAC.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed is: Dean Kelch, Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room 210, Sacramento, California 95814, (916) 403−6650, FAX (916) 651−2900, E−mail: Dean.Kelch@cdfa.ca.gov. In his absence, you may contact Laura Petro at (916) 654−1017. Questions re- garding the substance of the proposed regulation should be directed to Dean Kelch.

INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site ( www.cdfa.ca.gov/cdfa/pendingregs). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department has prepared an initial statement of reasons for the proposed actions, has available all the information upon which its proposal is based, and has

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1749 available the express terms of the proposed action. A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be ob- tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, when completed, the final state- ment of reasons will be available upon request. Re- quests should be directed to the contact named herein.

If the regulations adopted by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 11. DEPARTMENT OF JUSTICE The Department of Justice (Department) proposes to adopt

section 4340, repeal sections 5473 and 5512, and amend sections 5474 and 5513 of Title 11, Division 5, of the California Code of Regulations regarding the cre- ation of a California Firearms Application Reporting System (CFARS) account, after considering all com- ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed regulatory action.

However, the De- partment will hold a hearing if it receives a written re- quest for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized representa- tive may submit written comments relevant to the pro- posed regulatory action. The written comment period closes at 5:00 p.m. on November 19, 2018. Only com- ments received by that time will be considered.

Written comments must be submitted to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Phone: 916−227−4217 Email: CFARSregs@doj.ca.gov AUTHORITY AND REFERENCE Authority: Sections 11106, 29182, and 30900, Penal Code. Reference: Sections 11106, 16400, 16535, 16670, 26915, 26700, 27510, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 29180, 29182, 30370, 30515, 30900, and 33850, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action specifies how an individual can create a CFARS account. Penal Code

section 11106 authorizes the Department to keep and properly file firearm records. These regula- tions explain what is required for an individual to create a CFARS account, which will, in turn, allow an individ- ual to report or update firearm ownership information, apply for a unique serial number for a firearm, or apply for a Certificate of Eligibility (“COE”). The regulations proposed in this rulemaking action would do the following: CCR, Title 11, Division 5,

Chapter 12

Section 4340 has been added to explain the require- ments for creating a CFARS account, including the con- ditions of use and the required account information. CCR, Title 11, Division 5,

Chapter 39 Section 5473 has been repealed as

section 4340 ex- plains the requirements for creating a CFARS account.

Section 5474 has been amended to explain that a CFARS account must be created pursuant to

section 4340 before an individual can initiate the registration of an assault weapon. CCR, Title 11, Division 5,

Chapter 41 Section 5512 has been repealed as

section 4340 ex- plains the requirements for creating a CFARS account.

Section 5513 has been amended to establish that a CFARS account must be created pursuant to

section 4340 and to specify the requirements of an application for a unique serial number. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS These regulations explain what is required to create a CFARS account so that a user can electronically submit a firearm ownership record or report, update a firearm record, request a unique serial number for a firearm, or apply for a COE. The online account system will in- crease the efficiency of submitting these items to the Department, storing the information, retrieving the da- ta, and communicating with the account holder.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1750 EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS Pursuant to Government Code

section 11346.5(a)(3)(D), the Department must evaluate whether the proposed regulations are inconsistent or in- compatible with existing state regulations. The Depart- ment has reviewed existing regulations pertaining to firearms and ammunition within California Code of Regulations (CCR) Title 11, Division 5 and determined the proposed regulations are not inconsistent or incompatible.

This determination is based on the fact that the regu- lations are not inconsistent or incompatible with exist- ing state regulations because the Department is repeal- ing or amending existing regulations that provide for or reference the creation of a CFARS account. COMPARABLE FEDERAL REGULATIONS The proposed regulations are not mandated by feder- al statute or regulation. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial deter- minations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Business report requirement: None. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Department has concluded that the adoption, re- peal, and amendment of the proposed regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California. The Department’s determination on items (1) through (3) is based on the fact that there is no cost to private individuals for creating CFARS accounts. Any individual with an internet connection has the ability to create a CFARS account. The regulations pertain only to the process for an individual to create and use a CFARS account.

(4) Benefits of the regulations to the health and welfare of California residents, worker safety, and the state’s environment: Once an individual has created a CFARS account, he or she will be able to easily submit a firearm ownership report or record, update a firearm record, and apply for a COE or unique serial number. By having the information submitted and stored in an electronic database, it will be much easier for the Department to process applications, manage and retrieve information, and communicate with the account holder.

Additionally, these regulations will benefit the state’s environment through the use of an electronic, rather than a paper, system. Small Business Determination: The Department has determined the proposed regulations will not affect small business because the regulations pertain only to the process for private individuals to create and use a CFARS account. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other- wise 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 pro- posed action, or would be more cost−effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law. Any person interested in presenting statements or ar- guments with respect to alternatives to the proposed regulations may do so at the scheduled hearing or dur- ing the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1751 CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Email: CFARSregs@doj.ca.gov Telephone: (916) 227−4217 The back up contact person for these inquiries is: Jacqueline Dosch Bureau of Firearms Division of Law Enforcement Department of Justice P.O.

Box 160487 Sacramento, CA 95816−0487 Email: CFARSregs@doj.ca.gov Telephone: (916) 227−7614 A V AILABILITY OF RULEMAKING FILE INCLUDING THE INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process. The text of the proposed regula- tions (the “express terms”), the Initial Statement of Rea- sons, and the information upon which the proposed rulemaking is based are available on the Department website at http://oag.ca.gov/firearms. Copies may also be obtained by contacting Jessie Romine.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt, repeal and amend the proposed regulations substantially as described in this notice. If the Department makes modifications which are sufficiently related to the originally proposed text, the Department will make the modified text (with the changes clearly indicated) available to the public for at least 15 days and accept written comments before the Department adopts, repeals, or amends the regulations.

Copies of any modified text will be available on the De- partment website at http://oag.ca.gov/firearms. A writ- ten copy of any modified text may be obtained by con- tacting Jessie Romine. A V AILABILITY OF FINAL STATEMENT OF REASONS Upon completion, the Final Statement of Reasons will be available on the Department website at http://oag.ca.gov/firearms. You may also obtain a writ- ten copy of the Final Statement of Reasons by contact- ing Jessie Romine.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the proposed reg- ulations in underline and strikeout format, as well as the Final Statement of Reasons once completed, can be ac- cessed through the Department website at http://oag.ca.gov/firearms. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) pro- poses to amend Sections 156.00 and 156.01, and adopt

Section 156.02, in

Article 3.0,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to Clean Air Vehicle Decals. PUBLIC HEARING A public hearing regarding this proposed regulatory action is not scheduled. However, a public hearing will be held if any interested person or his or her duly autho- rized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized rep- resentative may submit written comments relevant to the proposed regulations to the contact person identi- fied in this notice. All written comments must be re- ceived at the department no later than 5:00 p.m., November 19, 2018, the final day of the written com- ment period, in order for them to be considered by the department before it adopts the proposed regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1752 AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code

section 1651, in order to implement, interpret, or make specific Vehicle Code sections 5205.5 and 21655.9. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 5205.5 requires the department to issue distinctive decals to vehicles meeting specified emissions standards. Once the decal is assigned by the department and affixed to the qualifying vehicle, the driver can gain access to the high−occupancy vehicle lanes with fewer than the required number of occupants in the vehicle. Vehicles meeting California’s ultra−low emission vehicle (ULEV) standards, super ultra−low emission vehicle (SULEV) standards, federal inherent- ly low−emission vehicle (ILEV) standards, and zero emission vehicles (ZEV) standards are issued white de- cals.

Liquefied petroleum gas (LPG) and compressed natural gas (CNG) vehicles also qualify for white decals. Vehicles meeting California’s Enhanced Ad- vanced Technology Partial Zero−Emission (Enhanced AT PZEV) standards and Transitional Zero−Emission (TZEV) standards are issued green decals. Beginning January 1, 2019, the department will no longer issue green and white decals and existing green and white de- cals will expire. As a result, access to high−occupancy vehicle lanes for vehicles with white or green decals will also expire.

Qualifying vehicles issued a green or white decal in 2017 or 2018 will be eligible to reapply for a decal in 2019 granting them access to high− occupancy toll lanes until January 1, 2022. Assembly Bill (AB) 544 [Chapter 630; Statutes of 2017], amended Vehicle Code

section 5205.5 to condi- tion decal eligibility on the applicant having not re- ceived a rebate pursuant to the Clean Vehicle Rebate Project, unless the applicant meets certain income re- strictions. The clean vehicle rebate project is a program funded by the California Air Resources Board (ARB) and administered statewide by the Center for Sustain- able Energy in order to promote the use of zero− emission vehicles, including electric, plug−in hybrid electric and fuel cell vehicles. Vehicle Code

section 5205.5 also requires the department to collaborate with the ARB to establish procedures to implement both pro- grams. The department has fulfilled that requirement by working with the ARB on the process by which vehicle identification numbers will be verified to ensure an ap- plicant is not participating in both the clean air decal program and the clean vehicle rebate program when they are not qualified to participate in both programs.

The department consulted with the ARB on the applica- tion process and the two departments collaborated on the construction of both the clean air decal website on the DMV website and the clean vehicle rebate project on the ARB website. Passage of AB 544 has required the department to make substantive amendments to current regulations to ensure compliance with the Vehicle Code. Specifically, the department has: • Amended

Section 156.00, related to the application process for Clean Air Vehicle Decals, to remove vehicle emission standards that no longer qualify under the program; • Updated the Application for Clean Air Vehicle Decals, form REG 1000, to require an application be completed by a vehicle purchaser when the sticker was already issued to the dealer for the vehicle; and • Clearly define program participation as it relates to the clean vehicle rebate project. AB 544 also prevents issuance of a decal more than once, except under certain conditions.

The department, through regulation, is identifying those conditions as when a decal has been lost, stolen, destroyed, or damaged. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of other state regulations and has concluded that these are the only regulations related to the issuance of clean air vehicle decals. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations. COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS There are no comparable state or federal regulations related to the issuance of Clean Air Vehicle Decals.

There are no comparable federal statutes or regulations. DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated by reference: • Application for Clean Air Vehicle Decals, form REG 1000 (Rev. 1/2019) • New Vehicle Dealers Application for Clean Air Vehicle Decals, form REG 1000D (Rev. 1/2019) • Statement of Facts, form REG 256 (Rev. 8/2008) These forms will not be published in the California Code of Regulations because it would be impractical

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1753 and cumbersome to do so; however, the documents are readily available to interested parties by contacting the department representative identified below. ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial deter- minations concerning the proposed regulatory action: • Cost or Savings to Any State Agency: None. • Other Non−Discretionary Cost or Savings to Local Agencies: None. • Costs or Savings in Federal Funding to the State: None. • Effects on Housing Costs: None. • Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. • Cost Impact on Representative Private Persons or Businesses: The department is not aware of any cost impacts that a representative private person or businesses would necessarily incur in reasonable compliance with the proposed action. Currently, the fee for clean air vehicle decals is $22. This proposed action has no impact on the fee. • Small Business Impact: This proposed action may impact small businesses. • Local Agency/School District Mandate: The proposed regulatory action will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. • Significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The proposed regulatory action is not anticipated to have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. If an applicant is a business, the proposed amendments do not present any change that would have any economic impact on businesses.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: The department has determined that this action will not impact 1) the creation or elimination of jobs within the State of California, 2) the creation or elimination of existing businesses within the State of California, or 3) the expansion of businesses currently doing business within the State of California.

The department anticipates benefits to the health and welfare of California residents and the State’s environ- ment through potential reduced emissions created by encouraging more drivers to purchase and operate clean vehicles. The privileges afforded to drivers whose vehi- cles display clean air vehicle decals serve as an incen- tive to them to purchase the cleanest vehicles available. The reduced emissions benefit both the health and wel- fare of residents and the State’s environment. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre−notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed dur- ing the comment period.

ALTERNATIVES CONSIDERED The department must determine 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 effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

CONTACT PERSON Any inquiries or comments concerning the proposed rulemaking action may be addressed to: Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O. Box 932382, MS C−244 Sacramento, CA 94232−3820 Any inquiries or comments concerning the proposed rulemaking action requiring more immediate response may use: Telephone: (916) 657−8898 Facsimile: (916) 657−6243 E−Mail: LADRegulations@dmv.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1754 In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657−6469 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action, and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Express Terms of the proposed regulatory action using under- line or italics to indicate additions to, and strikeout to in- dicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of public records, including reports, documentation and other materials related to the proposed action.

In addition, the above−cited materials (the Notice of Proposed Regula- tory Action, the Initial Statement of Reasons, and Ex- press Terms) may be accessed at http://www.dmv.ca. gov/portal/dmv/detail/about/lad/regactions. A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice.

If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regu- lations. Request for copies of any modified regulations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made avail- able to the public. TITLE 13.

DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) pro- poses to amend Sections 120.00, 124.92, and 124.95, and adopt

Section 120.03 in

Article 2.5, related to the Driving Under the Influence Program; and amend Sec- tions 125.00, 125.02, 125.12, 125.16, 125.18, 125.20, 125.22, 127.00, 127.02, 127.04, 127.8, and 127.10, and adopt Sections 125.21, 128.00, 128.01, and 128.02, in

Article 2.55 of

Chapter 1, Division 1 of Title 13, Cali- fornia Code of Regulations, relating to Ignition Inter- lock Devices. PUBLIC HEARING A public hearing regarding this proposed regulatory action is not scheduled. However, a public hearing will be held if any interested person or his or her duly autho- rized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period.

AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code sections 1651, 13386, and 23575, in order to implement, inter- pret, or make specific Vehicle Code sections 13352, 13352.1, 13353.3, 13353.6, 13353.75, 13386, 23575, and 23575.3. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The department is responsible for administering the California Ignition Interlock Device Program. An igni- tion interlock device is a device that is connected to a vehicle’s ignition that requires the driver to provide a breath sample before the engine will start.

If the ignition interlock device detects alcohol in the driver’s breath, the engine will not start. Current law requires a person convicted of driving under the influence to serve a mandatory period of sus- pension prior to applying to the department for a re- stricted driver’s license. The department is required to impose an ignition interlock device restriction on the driver’s driving privilege when the driver is convicted

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1755 of driving under the influence. Once the ignition inter- lock device is installed in the vehicle, it must be cali- brated and inspected by a certified installer on a 60−day interval. During the calibration and servicing appoint- ment, the installer examines the device to ensure it is working properly and that no violations, such as tam- pering, attempting to bypass or failing to take random retests, have been logged.

If it is determined that the driver has failed to comply with the ignition interlock device requirements, notice is provided to the depart- ment and the suspension or revocation will be re−imposed. In 2010, Assembly Bill 91 (Ch. 217; St. 2009), the de- partment began a pilot program in the counties of Alameda, Los Angeles, Sacramento, and Tulare that is effective until December 31, 2018.

Under the pilot pro- gram, all persons convicted of driving under the influ- ence of drugs/alcohol, except for those who qualify for an exemption, are required to install a certified ignition interlock device on each vehicle he or she owns or oper- ates. AB 91 also adopted Vehicle Code

section 13386(

g) requiring ignition interlock device manufac- turers to provide an annual report to the department documenting the number of false positives and the time it takes to reset the device. The information contained in these reports was used by the department to evaluate the continued certification of a device. In 2010, the depart- ment adopted regulations specific to the pilot program, including the implementation of an exemption process and fees.

Senate Bill No. 1046 (Ch. 783; St. 2016) implements a pilot program beginning January 1, 2019 until January 1, 2026, that would make an individual, whose license has been suspended for driving under the influence, eli- gible for a restricted driver’s license without serving any period of suspension when the driver has an ignition interlock device installed in each vehicle they own, and would require the department to reinstate the suspen- sion if it is determined that the driver attempted to re- move, bypass, or otherwise tamper with the device.

The bill would authorize that individual to install an ignition interlock device prior to the effective date of the suspen- sion and would require the individual to receive credit towards the mandatory term to install an ignition inter- lock device, as specified. SB 1046 requires an ignition interlock device manufacturer to create a fee

schedule as part of the application process and requires the fee

schedule be provided to the driver when applying for installation. With passage of SB 1046 and the upcoming end to AB 91 requirements, the department has determined it necessary to adopt rules that clarify and make specific the requirements of the new pilot program and identify the end date of the older pilot program. This action amends ignition interlock device program rules by do- ing the following: • Making clear that the independent laboratory has the specified accreditation; • Requires a manufacturer to submit an acknowledgment related to the fee

schedule established in statute; • Requires an installer to verify a driver’s eligibility with the department prior to installing or removing an ignition interlock device; • Amends

section titles and adopt sunset dates for the first pilot program so the end date is clearly established; • Adopts administrative fees; • Establishes restriction requirements, an exemption process, and a process by which a driver can apply to have their restriction re−imposed; and • Makes changes to several departmental forms to ensure compliance with the adopted regulations and statutes. This action also makes an amendment to

Article 2.5, related to the Driving Under the Influence (DUI) Pro- gram, to require a DUI Program provider to notify the department when a program participant fails to comply with the program requirements. PROBLEMS THIS DEPARTMENT INTENDS TO ADDRESS AND BENEFITS ANTICIPATED FROM THE REGULATORY ACTION With passage of Senate Bill 1046 (Ch. 783; St. 2016) and the upcoming end to Assembly Bill 91 (Ch. 217; St. 2009), the department has determined it necessary to adopt rules that clarify rules related to ignition interlock device requirements under AB 91 and SB 1046.

The benefits include driver’s knowing the restriction re- quirements, exemption qualifications, and applicable fees related to their conviction. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department conducted an analysis of other state regulations and determined that the regulations adopted in

Article 2.55 of Title 13 are the only regulations relat- ed to the ignition interlock device Program; therefore, these regulations are neither inconsistent nor incompat- ible with other state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1756 COMPARABLE FEDERAL STATUTES OR REGULATIONS The department conducted a review of comparable federal regulations and statutes and has determined that no other regulations address ignition interlock device program requirements. DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated by reference: • Notice of Non−Compliance, form DL 101A (Rev. 10/1999) • Application for Termination of Action, form DL 4006 (New 1/2019) • Fee

Schedule Agreement, form OL 160 (New 1/2019) • Verification of Installation, form DL 920 (Rev. 1/2019) • Notice of Non−Compliance, form DL 921 (Rev. 1/2019) • Ignition Interlock Device Installation and Removal Request, form DL 925 (Rev. 1/2019) • Notice to Employers, Ignition Interlock Restriction, form DL 923 (Rev. 1/2019) • Ignition Interlock Device (IID) Exemption Request, form DL 4062 (New 1/2019) • Ignition Interlock Device (IID) Medical Exemption Request, form DL 4063 (New 1/2019) These forms will not be published in the California Code of Regulations because it would be impractical and cumbersome to do so; however, the documents are readily available to interested parties by contacting the department representative identified below.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial deter- minations concerning the proposed regulatory action: • Cost or Savings to Any State Agency: None. • Other Non−Discretionary Cost or Savings to Local Agencies: None. • Costs or Savings in Federal Funding to the State: None. • Effects on Housing Costs: None. • Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. • Cost Impact on Representative Private Persons or Businesses: The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. In compliance with this proposed action, drivers will pay a one−time administrative fee of either $95 or $103, depending on the ignition interlock device requirements. Drivers who have devices installed in their vehicles do pay fees for the maintenance of the devices; however, those costs vary as they are set by the installers.

This action does implement administrative service fees for the ignition interlock device program. The department prepared costing documentation that provides justification for those fees. A copy of the costing documentation is available by contacting the departmental contact person in this notice. • Small Business Impact: This regulation may affect small businesses. • Local Agency/School District Mandate: The proposed regulatory action will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Code, §§ 11346.5(a)(11) and 11346.3(d)) In accordance with Government Code sections 11346.5, subdivision (a)(11) and 11346.3, subdivision (d), the department finds the reporting requirements of the proposed regulatory action which apply to business- es are necessary for the health, safety, and welfare of the people of the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1757 This action will benefit the health and welfare of Cali- fornia residents and the motoring public, in general, by ensuring the continued sobriety of drivers with ignition interlock devices in their vehicles. Also, drivers will benefit by being able to reference ignition interlock de- vice program requirements, exemption qualifications, and fee schedules. This action also benefits drivers who will have departmental verification prior to a device be- ing installed or removed.

This verification will ensure a device is not installed or removed too early. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre−notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed dur- ing the comment period.

ALTERNATIVES CONSIDERED The department must determine 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 as and less burdensome to affected pri- vate 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 provisions of law.

Soublet, Chief Counsel/Deputy Director Department of Motor Vehicles Telephone: (916) 657−6469 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action, and has available all the information upon which the proposal is based. The contact person identified in this notice shall make available to the public upon request the Express Terms of the proposed regulatory action using under- line or italics to indicate additions to, and strikeout to in- dicate deletions from the California Code of Regulations.

The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of public records, including reports, documentation and other materials related to the proposed action. In addition, the above−cited materials (the Notice of Proposed Regula- tory Action, the Initial Statement of Reasons, and Ex- press Terms) may be accessed at http://www.dmv.ca. gov/portal/dmv/detail/about/lad/regactions.

A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice. If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regu- lations. Request for copies of any modified regulations should be addressed to the department contact person identified in this notice.

The department will accept written comments on the modified regulations for 15 days after the date on which they are first made avail- able to the public. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION California Code of Regulations Title 15, Crime Prevention and Corrections Department of Corrections and Rehabilitation NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR) proposes to amend

Section 3043.3 of the

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1758 California Code of Regulations, Title 15, concerning inmate credit earning and the Milestone Completion Credit Schedule. PUBLIC HEARING Date and Time: November 26, 2018 10:00 a.m. to 11:00 a.m. Place: California Department of Corrections and Rehabilitation Conference Room 100N 1515 S Street, North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period will close November 26, 2018, at 5:00 p.m.

Any person may submit written comments by mail addressed to the primary contact per- son listed below, or by email to rpmb@cdcr.ca.gov, be- fore the close of the comment period. For questions re- garding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445−2228 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Back−Up Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Program Contact H.

Iserman Division of Rehabilitative Programs (916) 324−0849 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Di- vision of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Cor- rections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 2009, new legislation amended Penal Code (PC)

Section 2933 and created new

Section 2933.05, which allowed the Department to award eligible inmates mile- stone completion credits to reduce his/her term of con- finement for completion of an approved rehabilitative program performance milestone. In 2010, CDCR adopted regulations to comply with this legislation. The Milestone Completion Credit

Schedule was created to establish specific programs and credit allotments avail- able to inmates. Each program is divided into mile- stones (components), for which credit will be awarded upon completion. The Public Safety and Rehabilitation Act of 2016 (Proposition 57) was approved by California voters in 2016. This proposition amended the California Consti- tution to establish that CDCR shall have authority to award credits earned for approved rehabilitative or edu- cational achievements. In accordance with existing regulations, all changes to the Milestone Completion Credit

Schedule shall be adopted in compliance with the rulemaking require- ments of the Administrative Procedures Act.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1759 This action will update the Milestone Completion Credit

Schedule to account for various additions, revi- sions, and deletions to the rehabilitative programs available to inmates and the amount of credit inmates may earn for successful completion. FORMS INCORPORATED BY REFERENCE The Milestone Completion Credit

Schedule (Rev. 07/18). SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates that these regulations will help to provide eligible inmates with incentives to participate in rehabilitative and educational program- ming, and better prepare inmates to find employment upon release which may eventually reduce recidivism and overcrowding in California prisons.

EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the Department has determined the proposed regulations are not inconsistent or incompatible with existing regu- lations. After conducting a review, the Department has concluded that these are the only regulations that affect milestone completion credit earning. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630.

FISCAL IMPACT STATEMENT • Cost or savings to any state agency: None. • Cost to any local agency or school district that is required to be reimbursed: None. • Other nondiscretionary cost or savings imposed on local agencies: None. • Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or require- ments on any business. EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will not affect small businesses.

This action has no significant adverse economic impact on small business because they place no obligations or require- ments on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or affect the expansion of businesses cur- rently doing business in California. The Department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

The Department has determined that the proposed regulations may benefit the welfare of California resi- dents by improving inmate’s opportunities to find em- ployment after release from prison. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 40-Z 1760 the Department 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 per- sons than the proposed regulatory action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed at the scheduled hearing or during the written comment period.

A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared and will make avail- able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon re- quest directed to the Department’s contact person. The proposed text, ISOR, and Notice of Proposed Action will also be made available on the Department’s web- site: www.cdcr.ca.gov.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’s contact person. A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice.

If the Department makes modifications which are sufficient- ly 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 De- partment adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice. The Department will accept written com- ments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 27.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 PROPOSED AMENDMENT TO SECTIONS 25821(

a) AND (

c) LEVEL OF EXPOSURE TO CHEMICALS CAUSING REPRODUCTIVE TOXICITY: CALCULATING INTAKE BY THE A VERAGE CONSUMER OF A PRODUCT NOTICE IS HEREBY GIVEN that the Office of En- vironmental Health Hazard Assessment (OEHHA) pro- poses to amend Title 27, Cal. Code of Regulations, Sec- tion 25821, subsections (

a) and (c)(2), Level of Expo- sure to Chemicals Causing Reproductive Toxicity. This proposed regulatory action would amend subsection (

a) to clarify that where a business presents evidence for the “level in question” of a chemical listed as causing repro- ductive toxicity in a food product based on the average of multiple samples of that food, the level in question may not be calculated by averaging the concentration of the chemical in food products from different manufac- turers or producers, or that were manufactured in differ- ent facilities from the product at issue.

The proposed regulatory actions would also modify subsection (c)(2) to clarify that, when determining whether exposure to a reproductive toxicant in a consumer product requires a warning, the reasonably anticipated rate of intake or ex- posure from consumer products to a chemical listed as causing reproductive toxicity be calculated as the arith- metic mean of the rate of intake or exposure for product users. PUBLIC PROCEEDINGS In order to be

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2018, No. 40
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	04652dee4282287c625683b3d8a63dc91432e8e5

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