California Regulatory Notice Register — Register 2020, No. 15-Z (April 10, 2020)

Cal. Reg. Notice Reg. 2020, No. 15

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 15−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 10, 2020 PROPOSED ACTION ON REGULATIONS TITLE 13. DEPARTMENT OF MOTOR VEHICLES Vehicle Dealers: Location of Business Records — Notice File Number Z2020−0325−01 ...................... 533 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Licensed Timber Operator (LTO) Education and Limited Licensed Timber Operator (LTO) Amendments — Notice File Number Z2020−0330−02 .............................. 535 TITLE 19.

OFFICE OF STATE FIRE MARSHAL Fire Service Training and Certification−Fee Increase — Notice File Number Z2020−0326−01 ................. 539 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Plumbing Code — Intervening Code Cycle Submittal — Notice File Number Z2020−0330−03 ............................................... 543 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Green Building Standards Code (CALGreen) — Intervening Code Cycle Submittal — Notice File Number Z2020−0330−04 ................................ 548 TITLE 24. BUILDING STANDARDS COMMISSION California Plumbing Code (CPC),

Part 5, Title 24 California Code of Regulation — Notice File Number Z2020−0330−05 ................................... 552 TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Cycle (CALGreen Code — Title 24,

Part 11) — Notice File Number Z2020−0330−06 .............................................. 556 TITLE 24. BUILDING STANDARDS COMMISSION Amendments for 2019 California Plumbing Code Standards for Recycled Water — Notice File Number Z2020−0330−07 ............................................... 560 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Electrical Code,

Part 3 — Notice File Number Z2020−0330−08 ........................... 564 (Continued on next page) Time- Dated Material

TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Mechanical Code,

Part 4 — Notice File Number Z2020−0330−09 .......................... 568 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Plumbing Code,

Part 5 — Notice File Number Z2020−0330−10 ............................ 572 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Green Building Standards Code,

Part 11 — Notice File Number Z2020−0330−11 .............. 576 TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Adoption Cycle — P ART 3 — CALIFORNIA ELECTRICAL CODE — Notice File Number Z2020−0330−12 .............................. 581 TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Adoption Cycle — P ART 4 — CALIFORNIA MECHANICAL CODE — Notice File Number Z2020−0330−13 ............................. 585 TITLE 24. BUILDING STANDARDS COMMISSION 2019 Intervening Code Adoption Cycle — P ART 5 — CALIFORNIA PLUMBING CODE — Notice File Number Z2020−0330−14 ................................ 588 TITLE 24. BUILDING STANDARDS COMMISSION

Part 3, California Electrical Code — Notice File Number Z2020−0330−15 ................................ 592 GENERAL PUBLIC INTEREST BOARD OF FORESTRY AND FIRE PROTECTION Notice of Correction Concerning Fuel Hazard Reduction (Previously Published in Notice 2020, 12−Z) .......... 597

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ........................................................... 597 Sections Filed, January 1, 2020 to March 31, 2020 ................................................... 599 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 2020, VOLUME NUMBER 15-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 13. DEPARTMENT OF MOTOR VEHICLES NOTICE IS HEREBY GIVEN The Department of Motor Vehicles (department) pro- poses to amend

Section 272.02 in

Article 4.2,

Chapter 1, Division 1, Title 13 of the California Code of Regula- tions, related to business records maintained by vehicle dealers. 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 fifteen (15) days prior to the close of the writ- ten 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 May 25, 2020, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to amend these regulations under the authority granted by Vehicle Code

section 1651, in order to implement, interpret, or make specific Vehicle Code sections 320, 1801.1, 4456, 11709, 11712, and 11714. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 11700 prohibits a person from acting as a vehicle dealer unless they have first been is- sued an occupational license through the department. Vehicle Code

section 4456 establishes the process by which a dealer is required to notify the department of a vehicle that has been sold. Vehicle Code

section 1801.1 allows the department to accept a document to be sub- mitted using electronic media instead of the actual sub- mittal of the original documents.

Section 272.00 of

Article 4.2,

Chapter 1, Division 1, Title 13 of the California Code of Regulations requires a licensed vehicle dealer to maintain documents related to the purchase, sale, rental or lease of a vehicle for a pe- riod of no less than three years. As currently written,

Section 272.02 requires those original documents to be maintained at the dealer’s principal place of business or branch location for at least 18 months after the pur- chase, sale, rental, or lease of a vehicle. Once the 18 month onsite retention period has been met, the dealer may maintain the original business documents at an off- site storage location within California, provided the documents are retrievable within three days when re- quested by the department.

Section 272.02 also autho- rizes the licensed vehicle dealer to create an electronic copy of the original business documents at any time af- ter the initial 18 month retention period has been met. Documents stored electronically are also required to be retrievable within three days, when requested by the de- partment. (Note: When referencing ‘original’ business documents, it is generally understood between the de- partment and its licensed vehicle dealers that an ‘origi- nal’ document is that which contains the ‘wet’ signature of the parties involved in the purchase, sale, rental or lease of a vehicle.) The department is proposing to amend

Section 272.02 to reduce the onsite storage of original business documents from 18 months to 90 days. This action will benefit licensed dealers in California by relieving them from the economic burden of storing paper records while also recognizing electronic storage options. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department conducted a review of other regula- tions and has determined there are no other regulations related to the document retention requirements for li- censed vehicle dealers. Therefore, the proposed regula- tions are neither inconsistent nor incompatible with ex- isting state regulations. 533

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS This action amends record retention rules for licensed vehicle dealers in California. While there are other state and federal rules related to documentation required when a person purchases, sells, rents or leases a vehicle, this action has no impact on those rules. Therefore, the department has determined that there are no compara- ble federal statutes or state regulations. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference.

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: This action does not impose any costs on representative private persons or businesses.

This action only amends record retention requirements and is not intended to have any cost impact on private persons or businesses. Small Business Impact: This proposed action may have a positive impact on small businesses by allowing them to transfer vehicle transaction records to an offsite location or transfer records to an electronic version 90 days after the transaction rather than 18 months. 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: This regulation will not have an adverse economic impact on businesses. This proposed regulation is likely to have a positive economic impact on licensed vehicle dealers in California by potentially reducing the costs associated with storing paper documents and reducing document reproduction costs.

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, or 4) worker safety or the state’s environment.

This action will likely benefit California’s vehicle dealer industry by allowing vehicle dealers greater con- trol over their record retention practices by reducing the length of time a dealer is required to retain vehicle pur- chase documentation at their principal place of business or branch location. 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: 534

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division PO 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 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 14.

BOARD OF FORESTRY AND FIRE PROTECTION “LICENSED TIMBER OPERATOR (LTO) EDUCATION AND LIMITED LICENSED TIMBER OPERATOR (LTO)” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,

Chapter 4, Subchapter 7,

Article 1 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on June 10, 2020, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action.

The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on at the conclusion of the public hearing on June 10, 2020. The Board will consider only written comments re- ceived at the Board office by that time and those written 535

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z comments received at the public hearing, including written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written com- ments to the Board reference the title of the rulemaking proposal in their comments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O.

Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9 th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989. Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca. gov. AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4553 and 4572, Pub- lic Resources Code.

Reference: Sections 4524, 4570, 4571, 4572 and 4577, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV § 11346.5(a)(3)(A)−(D)) Pursuant to the Z’berg−Nejedly Forest Practice Act of 1973 (FPA, PRC § 4511, et seq.), the Board of Forestry and Fire Protection (Board) is authorized to construct and maintain an effective and comprehensive system of forest practice regulations applicable to tim- ber management on state, municipal and private timberlands.

PRC § 4571 requires that any person who engages in timber operations (defined within PRC § 4527) must first obtain a license (PRC § 4524) to do so from the Board, to be issued in accordance with the licensing re- quirements identified within the FPA (PRC § 4570 et seq.). PRC § 4571 additionally provides for the issuance of a “limited timber operator license” for the commercial cutting or removal of the specific forest products of Christmas trees, treebark, fuelwood, root crown burls, posts, or split products.

PRC § 4572 identifies numerous conditions and re- quirements for applicants of a timber operator license, including experience and insurance requirements. PRC § 4572 additionally includes an exemption from those insurance policy and experiential requirements (for first time applicants) for an applicant who owns the land upon which the timber operations are to be conducted pursuant to the license (PRC §§ 4572(b)(2)(

B) and (c)(2)), and for those applicants for a limited timber op- erator license pursuant to PRC § 4571 (PRC § 4572(d)). These various elements of the statutory timber opera- tor licensing scheme result in three distinct license “types”: those who have no restrictions or limitations, those who have been issue a “limited” license and are only permitted to cut or remove certain specified forest products (PRC § 4571(b)), and those whose operations are restricted to lands which they own (PRC §§ 4572r(c)(2)).

The problem is that the regulatory implementation of these license “types” lacks clarity and consistency, par- ticularly with regard to the “limited” and “restricted” li- censes. The manner in which licenses may be obtained, issued, or basic conditional restrictions of these licenses is not clear or consistent within the regulations.

Additionally, the harvesting of the types of forest products permitted by a limited license are generally relatively minor operations which do not generally re- quire extensive construction activities and are unlikely to cause any significant harm or damage, which is re- flected in the exemptions from the experience require- ments and insurance obligations of PRC § 4572 which are provided by PRC § 4572(

d) for those applicants to a limited timber operator license. However, nothing cur- rently prohibits those timber operators who possess a limited license from conducting more significant earth− moving activities which have the potential to cause sig- nificant damage or incur substantial liability for which commercial general liability insurance would be neces- sary. Such activities include the construction or recon- struction of logging roads and logging or tractor water- course crossings, the abandonment or deactivation of logging roads or landings, and timberland conversion activities.

These activities should be limited to those li- censed timber operators who either possess the requi- site general liability insurance described within PRC § 4572(c)(1)(A), or those licensed timber operators who are operating on their own property (restricted tim- ber operator licensees). 536

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Furthermore, PRC § 4572(b)(1) requires that all first−time license applicants must furnish to the Board proof of completion of certain education programs ap- proved by the Board, but 14 CCR § 1024(

k) provides that an applicant for a limited timber operator license may submit a questionnaire in place of an approved tim- ber operator education program, which is inconsistent with the requirements of PRC § 4572(b)(1).

The purpose of the proposed action is to: 1) improve the clarity and consistency of the existing regulations surrounding timber operator licenses; 2) limit the activ- ities permitted under a limited timber operator license to avoid excessive risk, given the lack of insurance obli- gations; 3) more clearly implement those conditional requirements within PRC § 4572; and 4) make the edu- cational requirement of applicants consistent across all types of timber operator licenses. The effect of the proposed action is a regulatory scheme which provides three distinct license types as provided within

Article 6 of the FPA, and improved clarity surrounding each of those license types, includ- ing those which were pre−existing. Additionally, the proposed action will standardize educational require- ments for all license type applicants. The benefit of the proposed action is an improved li- censing process for all applicants which clearly identi- fies the means by which licenses may be issued and the basic conditional restrictions on those licenses.

The regulations will benefit the environment through the implementation of required educational component for types of licenses which will promote increased aware- ness of the Forest Practice Rules and the provisions con- tained within, which are intended to protect and en- hance the environment. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D).

State regulations related to the pro- posed action were, in fact, relied upon in the develop- ment of the proposed action to ensure the consistency and compatibility of the proposed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regulations related to the li- censing of timber operators within State regulations that met the same purpose as the proposed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor incompatible with existing State regulations.

The proposed regulation is entirely consistent and compati- ble with existing Board rules. Statute to which the proposed action was compared: 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4576.1, 4577 and 4578, Public Resources Code. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations related to management plans for the non−industrial harvesting of timber.

No existing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a continu- ation of existing forest practice regulations related to the licensing of persons to conduct timber operations and will result in any direct or indirect costs or savings to any state agency.

The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. 537

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action 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.

The pro- posed action will result in a minor increase in the cost of licensing for the completion of a timber operator educa- tion program for those first−time applicants for a limit- ed timber operator license. Businesses and Individuals will be subject to this cost. However, businesses are not expected to expand or contract as a result of these amendments.

Although the proposed action will likely increase the cost of obtaining a limited license, it is not expected that the proposed action will be so economi- cally expensive that it will result in contraction of busi- nesses or so time consuming that it will result in an ex- pansion of businesses.

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating fire safety in land use and development in California that the Board brings to bear on regulatory development.

STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D).

The proposed action: Will not create jobs within California (GOV § 11346.3(b)(1)(A)); Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); Will not create new businesses (GOV § 11346.3(b)(1)(B)); Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); Will not affect the expansion or contraction of businesses currently doing business within California (GOV § 11346.3(b)(1)(C)); Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)).

For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency estimates a cost impacts of approximate- ly $50 that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement.

SMALL BUSINESS (defined in GOV § 11342.610) The proposed business may affect small business. Small business, pursuant to 1 CCR § 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of 538

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Mr. Hedge is not available is Matt Dias, Executive Officer for the Board of Forestry and Fire Protection. Mr. Dias may be contacted at the above address or phone.

A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text−with the changes clearly indicated−available to the public for at least 15 days before the Board adopts the regulations as revised.

Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: https://bof.fire.ca.gov/regulations/proposed−rule− packages/ TITLE 19. OFFICE OF THE STATE FIRE MARSHAL DEPARTMENT OF FORESTRY & FIRE PROTECTION DIVISION 1. STATE FIRE MARSHAL

CHAPTER 13. CALIFORNIA FIRE SERVICE TRAINING AND EDUCATION PROGRAM

ARTICLE 2. GENERAL PROVISIONS FIRE SERVICE TRAINING AND CERTIFICATION — FEE INCREASE ADJUSTMENT NOTICE IS HEREBY GIVEN pursuant to Govern- ment Code, §11346.6, that the California Department of Forestry and Fire Protection — Office of the State Fire Marshal (“OSFM”) or (“SFM”) proposes to take the regulatory action described below in the Informative Digest implementing Title 19, Division 1,

Chapter 13,

Article 2 of the California Code of Regulations (CCR), related to adoption of a new fee structure related to cer- tification and training standards for California fire ser- vice personnel, after considering public comments, ob- jections, or recommendations regarding the proposed action. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action. Written comments will be accepted for at least 45 days beginning April 10, 2020 and ending May 25, 2020.

The written comment peri- od closes at 12:00 a.m. (Pacific Time) on May 26, 2020. All written comments received by that date and time will be considered and responded to as part of the compilation of the rulemaking file. Submit comments to contact via: Email: diane.arend@fire.ca.gov (include in the subject line of the email “State Fire Training Fee Increase, Comments”); or 539

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z US Mail: CAL FIRE/Office of the State Fire Marshal PO Box 944246 Sacramento, CA 94244−2460 Attn: Diane Arend, Code Development & Analysis Hand deliver to: CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, 4th Floor Sacramento, CA 95815 Attn: Diane Arend, Code Development & Analysis 8:00 a.m. to 5:00 p.m. PUBLIC HEARING The SFM has not scheduled a public hearing on this proposed action.

However, the SFM will hold a public hearing to accept comments if a written request is re- ceived from any interested party or their authorized rep- resentative no later than 15 days before the close of the 45−day written comment period, pursuant to Govern- ment Code

Section 11346.8. Submit requests to the con- tact person indicated below. AUTHORITY AND REFERENCE The State Fire Marshal is proposing this regulatory action pursuant to Health and Safety Code

Section 13155 with reference to 13159(d), Health and Safety Code to verify that minimum curriculum requirements are being met pertaining to, facilities, and faculty stan- dards for schools, seminars, or workshops operated by, or for the state, for the specific purpose of training fire service personnel. The proposed regulations imple- ment, interpret, and make specific sections 13155 through and 13159.10 of the Health and Safety Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The broad objective of this proposed rulemaking ac- tion is to better define the regulatory requirements of the SFM Fire Service Training and Education Program and the enforcement and maintenance of those require- ments for students, instructors and academies. Specifically, this action proposes fee increase adjust- ments for the SFM Fire Service Training and Education Program for services provided for fire fighter training and certification.

This rulemaking action proposes the amendment of Sections 1990.00, 1990.01, 1990.02, 1990.04, 1990.05, 1990.06, 1990.07, 1990.08, 1990.10, 1990.11, and 1990.12 in

Chapter 13,

Article 2 of Title 19, CCR. The regulations proposed in this rulemaking action implement, interpret, clarify, and make specific Health and Safety Code §13157 by making the following changes: Provides editorial updates, changes without regulatory effect, identified in Title 19 California Code of Regulations. Updates the SFM fees for services provided. This includes revised certification exam fees information, and update to the list of fees for course registration and delivery, course certifications and renewal, exams, duplicate certification and certification reviews in

Section 1990.12. Removes obsolete or retired course fees and certifications; adds replacements and adjustments. Adds new fees for services if did not have fees in the past.

Summary of Existing Laws Health and Safety Code

Section 13157 authorizes the California Fire Service Training and Education Pro- gram to be established in the Office of the State Fire Marshal and to: (

a) Promulgate and adopt rules and regulations necessary for implementation of the program. (

b) Establish the courses of study and curriculum to be used in the program. (

c) Establish prerequisites for the admission of personnel who attend courses offered in the program. (

d) Establish and collect admission fees and other fees that may be necessary to be charged for seminars, conferences, and specialized training given, which shall not be deducted from state appropriations for the purposes of this program. (

e) Collect such fees as may be established pursuant to Health and Safety Code

Section 13159.8

Summary of Existing Regulations Existing regulations regarding the proposed changes establish the requirements in California Code of Regu- lations, Title 19, Division 1,

Chapter 13 for the Califor- nia Fire Service Training and Education Program. The State Fire Marshal is proposing to amend CCR, Title 19,

Chapter 13,

Section 1990.12. The SFM consulted with the Statewide Training and Education Advisory Committee (STEAC) along with the State Board of fire Services (SBFS) for recommen- dations and analysis of the proposed amendments and they concur with this proposal. STEAC and SBFS re- viewed and approved the State Fire Training Fee Report (September 2019). STEAC approved the proposed fee adjustments and the report at the meeting on July 12, 2019. SBFS approved the proposed fee adjustments at the meeting on September 12, 2019. 540

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z The July 12, 2019 STEAC Meeting Minutes are available online at https://osfm.fire.ca.gov/media/ 9771/steac−draft−july−2019−minutes.pdf The September 12, 2019 SBFS Meeting Minutes are available online at https://osfm.fire.ca.gov/media/ 10697/draft−minutes−09−12−2019.pdf

Summary of Effect The proposed regulations will require an applicant to appeal to the Assistant State Fire Marshal for alterna- tive application to the methods and procedures when a written petition has been denied; and establish and col- lect admission fees and other fees that may be necessary to be charged for seminars, conferences, and special- ized training given. These changes have no negligible effect on the training system. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations The Office of the State Fire Marshal (OSFM) deter- mined this proposed regulation is not inconsistent or in- compatible with existing state regulations. After con- ducting a review for any regulations that would relate to or affect this area, the OSFM has concluded that this is the only regulation that concerns firefighter training and education for the purposes cited in the Health and Safety Code

Section 13157. Objective and Anticipated Benefits The broad objective of the proposed action is to accu- rately define the certification, diploma, business pro- cesses, and course fees associated with the current State Fire Training curriculum. The specific benefit antici- pated from the regulation is the addition of current an accurate course fees. These fees are necessary to ensure adequate SFT staffing, to expand national accredita- tion, maintain existing curriculum, and to develop new curriculum.

The SFM developed the regulations in cooperation and with the knowledge and approval of STEAC and SBFS and has sought out their recommendations and analysis of the proposed amendments. The advisory committees concurred with the proposal. For additional benefits, see benefits analysis under the Results of the Economic Impact Analysis/ Assessment. DOCUMENTS INCORPORATED BY REFERENCE The following forms are incorporated by reference in the text of the proposed regulations in

Section 1990.00(a): 1. Fee

Schedule (July 2020) 2. Instructor Registration Application (July 2020) 3. Request for Course Scheduling (July 2020) 4. Certification Examination

(2019) Request (July 2020) 5. Fire Fighter I

(2019) Certification Upgrade Application (July 2020) 6. Fire Fighter I

(2019) Certification Reciprocity Application (July 2020) The following CTS Guides based on National Fire Protection Association (NFPA) Standards are incorpo- rated by reference and added to the text of the proposed regulations in

Section 1990.01: 7. Fire Fighter 1 (2019) 8. Fire Fighter 2 (2019) 9. Fire Inspector 1 (2014) 10. Fire Inspector 2

(2014) OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS There are no other matters prescribed by statute ap- plicable to the Office of the State Fire Marshal, or to any specific regulation or class of regulations. There are no other matters to identify. DISCLOSURES REGARDING THE PROPOSED ACTION The State Fire Marshal has made the following initial determinations: 1. Mandate on local agencies and school districts: None. 2. Cost or savings to any other State agency: None. 3.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code, Sections 17500−17630: None. 4. Other non−discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the State: None. 6. Significant effect on housing costs: None. 7.

Significant statewide adverse economic impact directly affecting business and individuals, including the ability of California businesses to compete with businesses in other States: The State Fire Marshal concluded that the adverse economic impact, including the ability of California businesses to compete with businesses in other states, will not be significant. 541

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS There is no cost impact that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. Participation in the State Fire Training system is voluntary.

SMALL BUSINESS DETERMINATION The State Fire Marshal has made the initial determi- nation that the amendments to these regulations will have no effect on small businesses and the State Fire Marshal has not identified any alternatives that would lessen any adverse impact, if any, on small businesses. The proposed regulation will not affect small business because the California Fire Service Training and Edu- cation Program targets governmental agencies that em- ploy and/or train fire fighters.

Some small businesses also provide training resources but these proposed regu- lations will not affect their operation or their ability to profit. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The SFM concludes that the adoption of these regula- tions will not:

a) Create or eliminate jobs within California;

b) Create new businesses or eliminate existing businesses within California; or

c) Effect the expansion of businesses currently doing business within California Benefits to Health and Welfare, Worker Safety, and the Environment:

d) The State Fire Marshal has assessed that this regulatory proposal provides a direct benefit to the environment, protection of public health and safety of Californians by better preparing emergency responders. The regulations also provide for protection of the emergency response workers by establishing the knowledge, skills, and abilities necessary to perform their jobs safely and effectively by providing standardized training throughout the state. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), SFM must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed action described in this Notice, 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.

The State Fire Marshal invites interested persons to present statements or arguments with respect to alterna- tives to the proposed regulations during the written comment period. BUSINESS REPORT This regulatory proposal does not mandate any new reporting or recordkeeping requirements beyond the business practice that has already been established by the SFM. CONTACT PERSON(

S) Inquiries concerning the proposed regulatory action, or requests for copies of the proposed text of the regula- tions, the initial statement of reasons, the modified text of the regulations or other information upon which the rulemaking is based may be directed to: CAL FIRE/Office of the State Fire Marshal: General Inquiries: Diane Arend, Senior Deputy SFM, Regulations Coordinator (916) 568−2917 diane.arend@fire.ca.gov Substantive or technical questions: Caryn Petty, Deputy SFM, State Fire Training (916) 662−0611 caryn.petty@fire.ca.gov Chris Fowler, Supervising Deputy SFM, State Fire Training (916) 508−4120 chris.fowler@fire.ca.gov A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The State Fire Marshal will have the entire rulemak- ing file available for inspection and copying throughout the rulemaking process at its office indicated above.

As of the date this notice is published in the Notice Regis- ter, the SFM’s rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons for the proposed action, the economic impact assessment contained in the initial statement of reasons 542

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z and documents incorporated by reference or relied up- on. Copies may be obtained through the contact per- son(

s) at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding a public hearing, if requested, and con- sidering all timely and relevant comments received by the State Fire Marshal, and following the 45−day com- ment period, the SFM may adopt the proposed regula- tions substantially as described in this notice.

If modifi- cations are made which are sufficiently related to the originally proposed text, the modified text — with changes indicated — shall be made available to the pub- lic for at least 15 days before the SFM adopts, amends, or repeals the regulations as revised. The SFM will ac- cept written comments on the modified regulations for 15 days after the date on which they are made available. To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modified regulations. Please send requests for copies of any modified regulations to the contact person.

The State Fire Marshal invites interested persons to present statements or arguments with respect to alterna- tives to the proposed regulation during the written com- ment period. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons (FSOR) may be obtained by making a written request to the contact person at the above address or by accessing the website listed below.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action (NOPR), the Initial Statement of Reasons (ISOR), the Text of Pro- posed Regulations (ET) in underline and strikeout, and any other materials or documents incorporated by refer- ence or relied upon may be accessed through the OSFM web address at: http://osfm.fire.ca.gov/divisions/ code−development−and−analysis/title−19− development/. TITLE 24. BUILDING STANDARDS COMMISSION REGARDING THE 2019 CALIFORNIA PLUMBING CODE TITLE 24,

PART 5 (BSC 03/19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (BSC) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 5. The BSC is proposing building standards in the 2019 California Plumbing Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from April 10, 2020, until 5:00 p.m. on May 26, 2020. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting con- ducted by BSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be is- sued announcing the date, time and location of the pub- lic meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, BSC may adopt the proposed building standards substantially as 543

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which BSC adopts, amends, or repeals the regulation(s). BSC will accept written com- ments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). CBSC proposes to adopt these building standards un- der the authority granted by Health and Safety Code Sections 18928, 18928(b), 18928.1, 18930.5, 18934.5, 18940.5, and 18941.8, and Water Code

Section 14877.1. The purpose of these building standards is to implement, interpret, or make specific the provisions of Health and Safety Code Sections 18928, 18928(b), 18928.1, 18930.5, 18934.5, 18940.5, and 18941.8, and Water Code

Section 14877.1. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Health and Safety Code

Section 18928 authorizes BSC to adopt the most recent edition of the Uniform Plumbing Code. HSC

Section 18928(

b) sets forth that each state agen- cy adopting or proposing adoption of a model code, na- tional standard, or specification shall adopt or propose adoption of the most recent edition of the model code, as amended or proposed to be amended by the adopting agency, within one (1) year after the date of publication of the model code, national standard, or specification. HSC

Section 18928.1 specifies that building stan- dards adopted or approved by the commission shall in- corporate the text of the model codes, applicable nation- al specifications, or published standards, in whole or in part, only by reference, with appropriate additions or deletions therefrom. HSC

Section 18930.5 states that if no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, the commission shall adopt, approve, codify, update, and publish green building standards for those occupancies. HSC

Section 18934.5 sets forth that where no state agency has the authority to adopt building standards ap- plicable to state buildings, the commission shall adopt, approve, codify, and publish building standards provid- ing the minimum standards for the design and construc- tion of state buildings. HSC

Section 18940.5 authorizes BSC and other state agencies that propose green building standards for in- clusion in

Part 11 of Title 24 of the California Code of Regulations to the extent that it is feasible, reference or reprint the green building standards in other relevant portions of

Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the Cali- fornia Code of Regulations. HSC

Section 18941.8 authorizes BSC to adopt build- ing standards for the construction, installation, and al- teration of graywater systems for indoor and outdoor uses in nonresidential occupancies. Water Code

Section 14877.1 specifies that the au- thority of the Department of Water Resources to adopt standards for nonresidential occupancies shall termi- nate upon the adoption of standards by the California Building Standards Commission pursuant to

Section 18941.8 of the Health and Safety Code.

Summary of Existing Regulations The existing 2019 California Plumbing Code (Part 5, Title 24, California Code of Regulations) incorporates, by adoption by the California Building Standards Com- mission, the 2018 Uniform Plumbing Code of the Inter- national Association of Plumbing and Mechanical Offi- cials (IAPMO), with amendments for state buildings and buildings constructed by the University of Califor- nia and California State Universities. Additional Build- ing Standards Commission (BSC) amendments refer- ence and/or reprint green building standards into the 2019 California Plumbing Code (CPC), as appropriate, pursuant to Health and Safety Code

Section 18940.5. Relative to this proposal, BSC maintains existing amendments applicable to specified state buildings, as well as referenced and/or reprinted green building stan- dards, as follows:

Chapter 4: Flow rates, flush volumes, and plumbing fixture counts

Chapter 15: Construction, alteration, discharge, use and repair of alternate water source systems for nonpotable applications

Chapter 16: Installation, construction, alteration, and repair of nonpotable rainwater catchment systems

Summary of Effect This proposal contains regulations that will affect specified state buildings, state colleges and universi- ties, as well as green building standards reprinted in the California Plumbing Code pursuant to Health and Safe- ty Code

Section 18940.5 that will affect nonresidential buildings for which no other state agency has authority. Because this proposal makes only non−substantive, clarifying changes to existing code language there is no 544

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z intended change in regulatory effect (see initial State- ment of Reasons for detailed rationale and benefits of each code change). Comparable Federal Statute or Regulations This proposal does not differ substantially from exist- ing comparable federal regulations or statutes. Ele- ments of this proposal align with the federal Wa - terSense standards for pre−rinse spray valves in com- mercial buildings, which is also consistent with Title 20 Appliance Efficiency regulations adopted by the Cali- fornia Energy Commission.

Policy Statement Overview This proposal makes clarifying code changes that align with appropriate state and federal laws and regula- tions, including the federal WaterSense standards and the 2018 Uniform Plumbing Code. The benefits of this code change include clarifying code language that will produce sensible and usable state building standards that promote health and safety, consistent with BSC’s mission. Evaluation of Consistency This proposal aligns with specified Appliance Effi- ciency regulations in Title 20 of the California Code of Reguations, and reprints specified green building stan- dards from

Part 11 of Title 24 pursuant to Health and Safety Code

Section 18940.5. BSC developed this pro- posal in coordination with the California Energy Com- mission, Department of Housing and Community De- velopment, Division of the State Architect, and Depart- ment of Water Resources to ensure consistency. As such, this proposal is not inconsistent or incompatible with existing state regulation. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). BSC has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). BSC has determined that the proposed regulatory ac- tion would not impose a mandate on school districts. BSC does not have authority to impose building stan- dards or regulations on school districts. While local agencies (e.g. city and county building departments) are required to enforce the California Plumbing Code, this proposal does not impose new mandates that would re- quire state reimbursement pursuant to

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. This proposal makes only clarifying changes to existing code language and would have no change in regulatory effect. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: No cost or savings B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings D. Other nondiscretionary cost or savings imposed on local agencies: No cost or savings E. Cost or savings in federal funding to the state: No cost or savings Estimate: BSC has determined that this proposed ac- tion makes only clarifying changes to existing code lan- guage and would have no change in regulatory effect. Any additional expenditure resulting from this pro- posed action would be minor and absorbable within the existing budget and resources of BSC. This proposal does not impose new mandates on local agencies that would require state reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. CBSC has made an initial determination that the adoption of these regulations will not have a significant statewide adverse economic impact on businesses, in- cluding the ability of California businesses to compete with businesses in other states. 545

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. Regarding the proposal to align California Plumbing Code

Section 420.3.1 with corresponding Appliance Efficiency regulations in Title 20 of the California Code of Regulations (pre−rinse spray valves), BSC coordi- nated with the California Energy Commission, Depart- ment of Housing and Community Development, Divi- sion of the State Architect, and the Office of Statewide Health Planning and Development to ensure consisten- cy between Titles 20 and 24 and ensure compliance with federal WaterSense standards. Because this pro- posed code change aligns with existing law and regula- tion, BSC has determined that this regulation will not have a significant adverse economic impact on business. Regarding the proposal to amend CPC Table A and

Section 422.1, CBSC conducted a stakeholder work- shop on August 27, 2019, which was attended by repre- sentatives from Plumbing and Heating Council of Cali- fornia, Department of Parks and Recreation, Contrac- tors State License Board, Santa Barbara County Build- ing Division, International Association of Plumbing and Mechanical Officials, California Building Industry Association, Department of Housing and Community Development, Division of the State Architect, Interna- tional Code Council, Plumbing Manufacturers Interna- tional, Sacramento County Building Division, Sutter Healthcare, and other members of the public.

Based on comments and feedback received during this workshop, BSC is proposing this code change in coordination with the Division of the State Architect. Workshop com- ments were considered, then an emailing was dis- patched of modified proposal information on Septem- ber 25, 2019 to attendees and interested parties, asking for further input. Additionally, economic impact infor- mation/opinions were specifically solicited. To date, BSC has not received any responsive comments. Antic- ipated economic impact on businesses under this pro- posal is considered insignificant.

Regarding the proposal to amend various sections within Chapters 15 and 16 of the CPC, BSC coordinated with the Department of Housing and Community De- velopment and the Department of Water Resources to co−adopt clarifying code language with no intended change in regulatory effect. Likewise, these proposed code changes will not have a significant adverse eco- nomic impact on business.

BSC’s proposal to amend the 2019 CPC was present- ed to the Green/Plumbing, Electrical, Mechanical, and Energy (GREEN/PEME) Ad Hoc Code Advisory Committee during its March 4−5, 2020 meeting (see the Initial Statement of Reasons for the committee’s recom- mendations and BSC’s responses). FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. Not applicable. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. BSC is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. This proposal makes only clarifying changes to existing code language and would have no change in regulatory effect. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). BSC has assessed whether or not and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. Because this proposal makes only non−substantive, clarifying changes to existing code language resulting in no change in regulatory effect, this proposal will not affect the creation or elimination of jobs within the State of California. B. The creation of new businesses or the elimination of existing businesses within the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z C. The expansion of businesses currently doing business within the State of California. Because this proposal makes only non−substantive, clarifying changes to existing code language resulting in no change in regulatory effect, this proposal will not affect the expansion of businesses currently doing business within the State of California. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment.

The benefits of this proposal include clarifying code language that will produce sensible and usable state building standards that promote health and safety, consistent with BSC’s mission. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). BSC has determined there would be no additional cost to comply with these proposed building standards. BSC does not have authority to impose building stan- dards or regulations applicable to housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). BSC has determined that no reasonable alternative considered by BSC or that has otherwise been identified and brought to the attention of BSC would be more ef- fective in carrying out the purpose for which the action is proposed or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All the information upon which the proposed regula- tions are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: www.dgs.ca.gov/BSC Reference: Government Code

Section 11346.5(a)(21). BSC shall provide, upon request, a description of pro- posed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommodate a person with a visual or other disability for which ef- fective communication is required under state or federal law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L.

Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: Kevin Day, Staff Services Manager I (Specialist) California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 Kevin.day@dgs.ca.gov Enrique M.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION FOR PROPOSED BUILDING STANDARDS OF THE CALIFORNIA BUILDING STANDARDS COMMISSION REGARDING THE 2019 INTERVENING CODE CYCLE, CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 11 (BSC 04/19) Notice is hereby given that the California Building Standards Commission (CBSC) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 11. CBSC is proposing building standards related to the 2019 California Green Building Standards Code (California Code of Regulations, Title 24,

Part 11). PUBLIC COMMENT PERIOD Reference: Government Code

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting con- ducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). CBSC proposes to adopt these building standards un- der the authority granted by Health and Safety Code Sections 18928, 18929.1, 18930.5, and 18940.5. The purpose of these building standards is to imple- ment, interpret, or make specific the provisions of Health and Safety Code Sections 18928, 18930.5, 18931.7(b), 18940.5, and 18941.10. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws H&SC 18928 states that each state agency adopting or proposing adoption of a model code, national stan- dard, or specification shall reference the most recent edition of applicable model codes, national standards, or specifications. H&SC 18929.1 states that CBSC shall receive pro- posed building standards from state agencies for con- sideration in an 18−month code adoption cycle. The commission shall develop regulations setting forth the procedures for the 18−month adoption cycle.

H&SC 18930.5 grants CBSC the authority, if no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, to adopt, approve, codify, update, and publish green building standards for those occupancies. H&SC 18931.7(

b) Building Standards Administra- tion Special Revolving Fund; availability of monies (

b) Moneys deposited in the fund shall be available, up- on appropriation, to the commission, the department, and the Office of the State Fire Marshal for expenditure in carrying out the provisions of this part, and the provi- sions of

Part 1.5 (commencing with

Section 17910) that relate to building standards, as defined in

Section 18909, with emphasis placed on the development, adoption, publication, and updating of green building 548

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z standards, the updating of verification guidelines for Tier 1 or Tier 2 green building standards and education- al efforts, including, but not limited to, training for local building officials associated with green building standards. H&SC 18940.5 As part of the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2014, agencies that propose green building standards for inclusion in

Part 11 of Title 24 of the California Code of Regulations shall, to the extent that it is feasible, ref- erence or reprint the green building standards in other relevant portions of

Part 2, 2.5, 3, 4, 5, or 6 of Title 24 of the California Code of Regulations. For purposes of compliance with this section, the republication of the provisions of

Part 11 of Title 24 of the California Code of Regulations in other parts of Title 24 of the California Code of Regulations shall not be considered duplication in violation of paragraph (1) of subdivision (

a) of Sec- tion 18930. H&SC 18931.10 Installation of future electric vehi- cle charging infrastructure for parking spaces in multi- family dwellings and nonresidential development; adoption of mandatory standards; consultation with in- terested parties.

In proposing and adopting mandatory building stan- dards under this section, the Department of Housing and Community Development and the commission shall use Sections A4.106.6, A4.106.6.1, A4.106.6.2, A5.106.5.1, and A5.106.5.3 of the California Green Building Standards Code (Part 11 of Title 24 of the Cali- fornia Code of Regulations) as the starting point for the mandatory building standards and amend those stan- dards as necessary.

And shall actively consult with interested parties, in- cluding, but not limited to, investor−owned utilities, municipal utilities, manufacturers, local building offi- cials, commercial building and apartment owners, and the building industry.

Summary of Existing Regulations The California Green Building Standards Code,

Part 11 of Title 24 of the California Code of Regulations (CCR), also known as the CALGreen Code, is amended for inclusion into the 2019 CALGreen Code supple- ment effective July 1, 2021. The CALGreen Code contains the green building standards for various mandatory and voluntary regula- tions that will be amended as necessary based on the proposed code changes.

Summary of Effect This proposed action will implement the proposed modifications to the California Green Building Stan- dards Code for buildings within CBSC authority. The proposed amendments are mostly editorial and non− substantive with no intended change in regulatory ef- fect. However, there are few amendments that are sub- stantive. The substantive changes include Increasing the Electric Vehicle infrastructure percentages for both the mandatory and the voluntary provisions.

Once filed with Secretary of State, the standards will be codified and published by January 1, 2021, and will become effective July 1, 2021. The Initial Statement of Reasons (ISOR) provides a complete description of the proposed building stan- dards effect. Comparable Federal Statute or Regulations There are no federal statutes or regulations that are comparable to the proposed editorial updates to the CALGreen Code. Policy Statement Overview The broad objectives of the regulation are to propose changes to the building standards for electric vehicle in- frastructure for statewide application.

The specific ben- efits anticipated by the proposed amendment is to real- ize substantial environmental benefits through reduc- tion in energy use, greenhouse gas emissions, criteria pollutants, and fossil fuel dependency leading to im- proved public health. CBSC is responsible for the development of green building standards for nonresidential occupancies for which no other state agency has authority or expertise. Evaluation of Consistency CBSC has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO THE SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). CBSC has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). CBSC has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. CBSC does not have authority to im- pose building standards or regulations on school districts. 549

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: None. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. D. Other nondiscretionary cost or savings imposed on local agencies: None. E. Cost or savings in federal funding to the state: None. Estimate: Any additional expenditure resulting from this proposed action would be minor and absorbable within the existing budget and resources of CBSC. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

CBSC has made an initial determination that the adoption, amendment or repeal of this regulation will increase the cost of new nonresidential construction marginally, which will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with busi- nesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Regarding the proposal to increase the electric vehi- cle infrastructure percentages in both the mandatory and voluntary code provisions, CBSC conducted a stakeholder workshop on August 20, 2019, which was attended by state agencies, interested parties and stake- holder representatives such as the California Air Re- sources Board (CARB), California Energy Commis- sion, Department of Housing and Community Develop- ment, California Department of Public Health, Califor- nia Building Industry association, Electric Vehicle Charging Association, Tesla, Southern California Edi- son, Underwriters Laboratory, Energy Solutions, vari- ous local enforcing agencies, and private consultants.

Based on testimony presented at the workshop and comments received from various stakeholders, CBSC proposes to increase the percentages as suggested at the workshop.

CBSC has made an initial determination that this reg- ulatory action would increase costs marginally to Cali- fornia business enterprises representing less than 0.1 percent of the total new construction costs of nonresi- dential buildings over the 4−year life of the amend- ments and between 1 and 4 percent of the $20,000 to $80,000 initial construction cost per parking space with significant benefits to Californians due to improved air quality and GHG emissions reduction.

This determination is based on comments received at the workshop and the cost benefit analysis provided by the California Air Resources Board “California Air Re- sources Board, Electric Vehicle (EV) Charging Infra- structure: Nonresidential Building Standards, CARB Technical and Cost Analysis, September 30, 2019”.

BSC has shown in the Economic and Fiscal Impact Statement (399) and the Initial Statement of Reasons (ISOR) that the electric vehicle regulations pose a mar- ginal increase but do not pose a significant, statewide adverse economic impact directly affecting business in California and their ability to compete with businesses in other states. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. CBSC has assessed the proposed code changes and has determined that these changes do not require a report. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z CBSC is aware of initial cost impacts that a represen- tative private person or business could incur in reason- able compliance with the proposed action. However, it is also anticipated that such costs would be recouped in long−range savings expressed in utility and transporta- tion costs, worker productivity, health costs, and good- will. The Initial Statement of Reasons and the Econom- ic and Fiscal Impact Statement support this statement. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The CBSC has assessed whether or not and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. These regulations may cause some jobs to be created for the installation, maintaining and manufacturing of Electric Vehicle Supply Equipment (EVSE). No jobs are expected to be eliminated within the State of California. B. The creation of new businesses or the elimination of existing businesses within the State of California. These regulations may cause the creation of businesses that expand into the EV market.

These regulations will not affect the elimination of jobs within the State of California. C. The expansion of businesses currently doing business within the State of California. These regulations will likely promote the expansion of businesses currently involved with EV manufacturing, installation, maintenance and technology development within the State of California. D. The benefits of the regulations to the health and welfare of California residents, worker safety, and the state’s environment.

These regulations will increase the sustainability of Californians natural resources by reducing fuel use, GHG emissions, criteria pollutants, and fossil fuel dependence. Additionally, updating and clarifying the minimum current CALGreen codes will provide increased protection of public health and safety, worker safety and the environment. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). CBSC has determined that this proposal would not have a significant effect on housing costs. CBSC does not have authority to impose building standards or regu- lations affecting housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). CBSC has determined that no reasonable alternative considered by CBSC or that has otherwise been identi- fied and brought to the attention of CBSC would be more effective in carrying out the purpose for which the action is proposed or 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 provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(21). CBSC shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. 551

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L. Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 E−mail: Michael.Nearman@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: Enrique M.

Rodriguez, Associate Construction An- alyst California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0845 E−mail: enrique.rodriguez@dgs.ca.gov Designated Back−Up Contact Person California Building Standards Commission Michael L. Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone No.: (916) 263−0916 E−mail: Michael.Nearman@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT (DSA−SS AND DSA−SS/CC) REGARDING THE 2019 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (DSA−SS/CC 03/19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 5. DSA is proposing building stan- dards in the 2019 California Plumbing Code. PUBLIC COMMENT PERIOD Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held. The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting con- ducted by BSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be is- sued announcing the date, time and location of the pub- lic meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, DSA may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which DSA adopts, amends, or repeals the regulation(s). DSA will accept written com- ments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC) Sections 18930, 18934.5, 18938, 18944 and 18949.1 and Education Code (EDC) Sections 17280−17317, 81130−81147, 81052 and 81053. The purpose of these building standards is to implement, in- terpret, or make specific the provisions of those same sections. The Division of the State Architect is proposing this regulatory action based on HSC

Section 16022 and EDC Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws EDC Sections 17310 and 81142 authorize DSA to es- tablish building standards for public elementary and secondary schools, and community colleges. EDC Sections 81052 and 81053 authorize DSA to es- tablish building standards which a community college may elect to use in lieu of those standards promulgated in accordance with EDC

Section 81142. HSC

Section 16022 authorizes DSA to establish building standards for state−owned and state−leased es- sential services buildings. HSC

Section 18930 requires that any building stan- dard proposed or adopted by state agencies be submit- ted to and approved or adopted by the Building Stan- dards Commission, prior to codification. HSC

Section 18938 requires the filing of standards with the Secretary of State by CBSC only after they have been approved by the commissioners. It requires that the administrative regulations become effective 30 days after filing with the Secretary of State, and that they be published in Title 24.

Summary of Existing Regulations Existing building standards which prescribe the plumbing system design and construction of public ele- mentary and secondary schools, community colleges and state−owned or state−leased essential services buildings, are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 5, California Plumbing Code.

Summary of Effect The proposed action would update Title 24,

Part 5, re- quiring Pre−rinse spray valves to align with the Appli- ance Efficiency regulations adopted by the California Energy Commission in Title 20 of the California Code of Regulations and with federal regulations. The new requirement adds three product classes of spray valves and a maximum flow rate for each product class. Comparable Federal Statute or Regulations This proposal does not differ substantially from exist- ing comparable federal regulations or statutes.

Ele- ments of this proposal align with the federal Wa - terSense standards for pre−rinse spray valves in com- mercial buildings, which is also consistent with Title 20 Appliance Efficiency regulations adopted by the Cali- fornia Energy Commission. Policy Statement Overview This proposal makes clarifying code changes that align with appropriate state and federal laws and regula- tions, including the federal WaterSense standards and the 2018 Uniform Plumbing Code.

The benefits of this code change include clarifying code language that will produce sensible and usable state building standards that promote health and safety, consistent with DSA’s mission. 553

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Evaluation of Consistency This proposal aligns with specified Appliance Effi- ciency regulations in Title 20 of the California Code of Reguations, and reprints specified green building stan- dards from

Part 11 of Title 24 pursuant to Health and Safety Code

Section 18940.5. DSA developed this pro- posal in coordination with the California Energy Com- mission, Department of Housing and Community De- velopment, Building Standards Commission, and De- partment of Water Resources to ensure consistency. As such, this proposal is not inconsistent or incompatible with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). DSA has determined that there are no other matters prescribed by statute applicable to the agency or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion WOULD impose a mandate on local agencies or school districts. The proposed regulatory action would impose a mandate on school districts; however, does not require reimbursement pursuant to

Part 7 (commencing with

section 17500) of Division 4, Government Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings D. Other nondiscretionary cost or savings imposed on local agencies: No cost or savings E. Cost or savings in federal funding to the state: No cost or savings Estimate: DSA has determined that this proposed ac- tion makes only clarifying changes to existing code lan- guage and would have no change in regulatory effect. Any additional expenditure resulting from this pro- posed action would be minor and absorbable within the existing budget and resources of DSA. This proposal does not impose new mandates on local agencies that would require state reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 420.3.1 with corresponding Appliance Efficiency regulations in Title 20 of the California Code of Regulations (pre−rinse spray valves), DSA coordi- nated with the California Energy Commission, Depart- ment of Housing and Community Development, Build- ing Standards Commission, and the Office of Statewide Health Planning and Development to ensure consisten- cy between Titles 20 and 24 and ensure compliance with federal WaterSense standards.

Because this pro- posed code change aligns with existing law and regula- tion, DSA has determined that this regulation will not have a significant adverse economic impact on business. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). 554

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. Not applicable. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. This proposal makes only clarifying changes to existing code language and would have no change in regulatory effect. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). DSA has assessed whether or not and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. Because this proposal makes only non−substantive, clarifying changes to existing code language resulting in no change in regulatory effect, this proposal will not affect the creation or elimination of jobs within the State of California. B. The creation of new businesses or the elimination of existing businesses within the State of California.

Because this proposal makes only non−substantive, clarifying changes to existing code language resulting in no change in regulatory effect, this proposal will not affect the creation of new businesses or the elimination of existing businesses within the State of California. C. The expansion of businesses currently doing business within the State of California. Because this proposal makes only non−substantive, clarifying changes to existing code language resulting in no change in regulatory effect, this proposal will not affect the expansion of businesses currently doing business within the State of California. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The benefits of this proposal include clarifying code language that will produce sensible and usable state building standards that promote health and safety, consistent with DSA’s mission. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined there would be no additional cost to comply with these proposed building standards. DSA does not have authority to impose building stan- dards or regulations applicable to housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by DSA or that has otherwise been identi- fied and brought to the attention of DSA would be more effective in carrying out the purpose for which the ac- tion is proposed or 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 provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- 555

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L. Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett, Principal Structural Engineer Department of General Services, Division of the State Architect (916) 322−4699 jim.hackett@dgs.ca.gov Tav Commins, Senior Mechanical Engineer Department of General Services, Division of the State Architect (916) 443−9841 Tav.Commins@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS) REGARDING THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 11 (DSA−SS/CC 04−19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 5. DSA is proposing building stan- dards in the 2019 California Plumbing Code. PUBLIC COMMENT PERIOD Reference: Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held. The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting con- ducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Government Code Sections 11000 and 11340 et seq. and Health and Safety Code Sections 18909, 18929, 18929.1, 18930, 18930.5, 18931, 18934, 18934.8, 18935, 18937, 18942, 18945, 18946, 18949, 18949.1, 18941.2, 18949.3, 18949.5, and 18949.6. The State Architect is proposing this regulatory ac- tion based on Education Code

Section 17310 and 81142, and Health and Safety Code 16022. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws

Section 16022 of the Health and Safety Code autho- rizes the State Architect to establish building standards for the design, construction and inspection of building systems for state−owned or state−leased essential ser- vices buildings. Sections 17310, 81142 and 81053 of the Education Code authorize the State Architect to es- tablish building standards for the design, construction and inspection of building systems for public elemen- tary and secondary schools, and community colleges.

Summary of Existing Regulations Existing green building standards apply to the plan- ning, design, operation, construction, use and occupan- cy of every newly constructed building or structure throughout the State of California. It is not the intent that the green building standards substitute or be identi- fied as meeting the certification requirements of any green building program. The green building standards are promulgated by the Division of the State Architect. These regulations are contained in the California Green Building Standards Code (CALGreen Code,

Part 11, Title 24) and incorporate the following:

Part 4, California Mechanical Code, which prescribe the design and construction requirements for mechani- cal systems of public elementary and secondary schools, community colleges and state−owned or state− leased essential services buildings.

Part 5, the California Plumbing Code, with

Chapter 16 for alternate water sources for non−potable applica- tions authored by Department of Water Resources.

Part 6, the California Energy Code, which contains minimum energy efficiency standards for non−residen- tial buildings in California promulgated by the Califor- nia Energy Commission (CEC).

Part 11, the California Green Building Standards Code (CALGreen Code), which contains mandatory and voluntary green building standards for residential, and nonresidential facilities. Other relevant CCR titles: Title 17 includes regulations for air quality promul- gated by the California Air Resources Board. Title 20,

Article 4, Appliance Efficiency regulations, contains CEC standards for water consumption of widely used plumbing fixtures. Title 23 includes the Model Water Efficient Land- scape Ordinance recently updated by Department of Water Resources.

Summary of Effect This proposed action will implement the proposed modifications to the California Green Building Stan- dards Code for buildings within DSA authority. The proposed amendments are mostly editorial and non− substantive with no intended change in regulatory ef- fect. However, there are few amendments that are sub- stantive. The substantive changes include; Increasing 557

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z the Electric Vehicle infrastructure percentages for mandatory provisions. Once filed with Secretary of State, the standards will be codified and published by January 1, 2020, and will become effective July 1, 2021. The Initial Statement of Reasons (ISOR) provides a complete description of the proposed building stan- dards effect. Comparable Federal Statute or Regulations There are no federal statutes or regulations that are comparable to the proposed editorial updates to the CALGreen Code.

Policy Statement Overview The broad objective of the proposed action is to main- tain green building standards in conformance with cur- rent state law, by updating the 2019 California Green Building Standards Code (CALGreen Code). Evaluation of Consistency There are no inconsistent or incomopatible regula- tions proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA−SS has determined that the proposed regulato- ry action WOULD impose a mandate on local agencies or school districts. The proposed regulatory action would impose a mandate on school districts; however, does not require reimbursement pursuant to

Part 7 (commencing with

section 17500) of Division 4, Gov- ernment Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: None. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: None. D. Other nondiscretionary cost or savings imposed on local agencies: Yes E. Cost or savings in federal funding to the state: None. Estimate: Any additional expenditure resulting from this proposed action would be minor. Funding from programs operated by the Office of Public School Con- struction would cover approximately half the costs for K−12 schools, and similar programs exist for communi- ty colleges. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption, amendment, repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the [adoption/amendment/repeal] of this regulation will not have a significant statewide adverse economic im- pact on businesses, including the ability of California businesses to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). DSA−SS/CC has made an initial determination of no significant, statewide adverse economic impact direct- ly affecting business in California and their ability to compete with businesses in other states. This determi- nation is based on comments received at the workshop and the cost benefit analysis provided by the California Air Resources Board “California Air Resources Board, Electric Vehicle (EV) Charging Infrastructure: Nonres- idential Building Standards, CARB Technical and Cost Analysis, September 30, 2019”.

DSA has shown in the Economic and Fiscal Impact Statement (399) docu- ments and the Initial Statement of Reasons (ISOR) which are part of this rulemaking, that the electric vehi- cle regulations do not pose a significant adverse eco- nomic impact on businesses. 558

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). A ny regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. DSA has made an assessment of the proposed code changes and has determined that these changes do not require a report. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA−SS is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The Division of the State Architect has assessed whether or not and to what extent this proposal will af- fect the following: A. The creation or elimination of jobs within the State of California. These regulations will not affect the creation or cause the elimination of jobs within the State of California. B. The creation of new businesses or the elimination of existing businesses within the State of California. These regulations will not affect the creation or the elimination of existing business within the State of California. C.

The expansion of businesses currently doing business within the State of California. These regulations are likely to promote the expansion of businesses currently involved in EV manufacturing installation and maintenance and technology development within the State of California. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The proposed editorial amendments to the regulations will have a positive benefit to California residents as they will add clarity to the design and implementation of sustainable codes.

These EV regulations will also have a positive benefit the state’s environment by reducing greenhouse gas emissions. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined that this proposal would not have a significant effect on housing costs. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA−SS has determined that no reasonable alterna- tive considered by DSA or that has otherwise been iden- tified and brought to the attention of DSA would be more effective in carrying out the purpose for which the action is proposed or 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 provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

Section 11346.5(a)(21). DSA−SS shall provide, upon request, a description of proposed changes included in the proposed action, in 559

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 15-Z the manner provided by

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael L.

Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263−0916 E−mail: Michael.Nearman@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: Department of General Services Division of the State Architect 1102 Q Street, Suite 5100 Sacramento, CA 95811 Paul Johnson, Senior Electrical Engineer (916) 443−9841 Paul.Johnson@dgs.ca.gov Designated Back−Up Contact Person Department of General Services Division of the State Architect 1102 Q Street, Suite 5100 Sacramento, CA 95811 Tav Commins, Senior Mechanical Engineer (916) 443−9841 Tav.Commins@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION DEPARTMENT OF WATER RESOURCES REGARDING THE 2019 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (DWR 01/19) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicabl

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2020, No. 15
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	0a0016a8a21598d792154a350d56a3b237e2314f

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