GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 3−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 17, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0107−04 ........................................ 91 Adoption: State Agency: Hastings Campus Financing Authority TITLE 4. CALIFORNIA HORSE RACING BOARD Trainer to Maintain Medication Treatment Records — Notice File No. Z2020−0103−01 ....................... 92 TITLE 16.

DENTAL HYGIENE BOARD OF CALIFORNIA Substantial Relationship and Rehabilitation Criteria — Notice File No. Z2020−0107−01 ...................... 95 TITLE 16. DEPARTMENT OF CONSUMER AFFAIRS Conflict−of−Interest Code — Notice File No. Z2020−0106−01 ........................................... 99 GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Final Publication of Unified Program Fee

Schedule for Businesses in Imperial County ....................... 99 RULEMAKING PETITION DECISION BUREAU OF GAMBLING CONTROL (DEPARTMENT OF JUSTICE) Denial of Request for Reconsideration of Petition Request from Jarhett Blonien, Concerning the Bureau’ s Administration and Regulation of Activities of Gambling Establishments ....................................................................... 100 (Continued on next page) Time- Dated Material

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 102 Sections Filed, October 1, 2019 to December 31, 2019 ................................................ 104 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 3-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES ADOPTION STATE AGENCY: Hastings Campus Financing Authority A written comment period has been established com- mencing on January 17, 2020 and closing on March 2, 2020.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than March 2, 2020. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code−reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. 91

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660 TITLE 4. CALIFORNIA HORSE RACING BOARD

ARTICLE 15. VETERINARY PRACTICES NOTICE OF PROPOSAL TO ADD RULE 1842.5 TRAINER TO MAINTAIN MEDICATION TREATMENT RECORDS The California Horse Racing Board (Board or CHRB) proposes to add the regulation described below after considering all comments, objections or recom- mendations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to add Rule 1842.5, Trainer to Maintain Medication Treatment Records, to establish the requirement that trainers maintain a record of all medication treatments administered to a horse under their care that are within the inclosure.

The purpose of this proposed regulation is to ensure important information regarding medication adminis- tration is captured whenever a horse is treated inside the inclosure. By requiring each trainer to maintain a record of all medication treatments administered to a horse un- der their care within the inclosure, the Board will be able to effectively monitor medications provided to race horses and, in the event of a medication violation, determine how the violation occurred.

PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, March 19, 2020 or as soon after that as business before the Board will permit, in the Club- house at the California Exposition and State Fair Grandstand, 1600 Exposition Boulevard, Sacra- mento, California. At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes at 11:59 p.m. on March 2, 2020. The Board must receive all comments at that time; how- ever, written comments may still be submitted at the public hearing.

Submit comments to: Robert Brodnik, Staff Counsel California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone (916) 263−6025 Fax: (916) 263−6022 E−Mail: rjbrodnik@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19420, 19440, 19562, 19580 and 19581, Business and Professions Code. Ref- erence: Sections 19401, 19420, 19440, 19580, and 19581, Business and Professions Code.

Business and Professions Code sections 19420, 19440, 19562, 19580 and 19581 authorize the Board to adopt the proposed regulatory addition, which would implement, interpret or make specific sections 19401, 19420, 19440, 19580, and 19581, Business and Profes- sions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Business and Professions Code

section 19401(

a) pro- vides that it is the intent of the Horse Racing Law to al- low pari−mutuel wagering on horse races while assur- ing protection of the public. Business and Professions Code

section 19420 states that the Board has jurisdic- tion and supervision over meetings in this State where horse races with wagering on their results are held or conducted, and over all persons or things having to do with the operation of such meetings. Business and Pro- fessions Code

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the Board shall include adopting rules and regulations for the protection of the public and the control of horse racing and pari−mutuel wagering. Business and Professions Code

section 19562 states the Board may prescribe rules, regulations and conditions under which all horse races with wager- 92

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z ing on their results shall be conducted in California. Business and Professions Code

section 19580 requires the Board to adopt regulations to establish policies, guidelines, and penalties relating to equine medication to preserve and enhance the integrity of horse racing in California. Business and Professions Code

section 19581 states no substance of any kind shall be adminis- tered by any means to a horse after it has been entered to race in a horse race, unless the Board has, by regulation, specifically authorized the use of the substance and the quantity and composition thereof. The Board may re- quire that the official veterinarian approve, in writing, the administration of those substances in accordance with the regulations of the Board. Any medication or equipment used to dispense medication that is located within the inclosure is subject to search and inspection at the request of any Board official.

The proposed addition of Rule 1842.5, Trainers to Maintain Medication Treatment Records, will establish the requirement that trainers maintain a record of all medication treatments administered to a horse under their care that are within the inclosure. Subsection (

a) states that every trainer shall maintain a record of all medication treatments administered to horses under their care that are within the inclosure. This subsection is necessary to clarify that the obliga- tion is on the trainer to maintain a record of these medi- cation treatments. The trainer controls access to the barn where horses under his care are housed. Addition- ally, the trainer certifies horses under his care that are entered to race are free from prohibited race day medi- cations. As such, the trainer is in the best position to maintain a record of the medication treatments adminis- tered to horses under his or her care. Subsection (

b) identifies what is to be included in the medication treatment record. Subsection (b)(1) requires the name of the horse to be included in the medication treatment record. This is necessary to identify the horse that received the treat- ment. Subsection (b)(2) requires the date the medica- tion treatment commenced and the prescribed duration of the treatment. This is necessary to accurately capture when the horse began the medication treatment and for how long the treatment was prescribed for.

By requiring this information, investigators, the Stewards, or the Board can determine whether the prescription is being properly dispensed. Subsection (b)(3) requires that the name of the medication, the route of administration and the dosage regimen be provided. This information is necessary because it provides important medication ad- ministration information. The same medication can be administered in a variety of ways. Electing to adminis- ter a medication orally as compared to intravenously can affect the manner in which the medication is ab- sorbed.

By requiring the name of the medication, the route of administration and the dosage regimen to be documented, the Board can effectively monitor how horses are receiving medication within the inclosure. Subsection (b)(4) requires the name of the person ad- ministering the medication to be included. This is nec- essary because it is common for numerous employees within a barn to administer medication to a horse over a period of time.

Because the same person may not al- ways be the person administering the medication, it is important to document their name so investigators can speak to the correct person in the event of an overage. Subsection (b)(5) requires the date and time of each ad- ministration to be placed on the record. This informa- tion is necessary because it provides important medica- tion administration information which can help explain medication overages. Subsection (b)(6) requires the name of the CHRB−licensed veterinarian prescribing the medication treatment.

This is necessary because all medication that are dispensed by a CHRB−licensed vet- erinarian are required to be documented pursuant to CHRB Rule 1842, Veterinarian Report. By mandating that the CHRB−licensed veterinarian’s name be includ- ed, the Board is able to cross−check the prescription with the documents submitted by the veterinarian pur- suant to Rule 1842. Subsection (

c) states that medication treatment records shall be made available for inspection upon re- quest by the Official Veterinarian, Board of Stewards or CHRB investigators. These individuals are all tasked with ensuring the safety of the racecourse and address- ing medication violations. It is necessary to provide these individuals with access to these records so they can effectively perform their duties. Subsection (

d) states that treatments administered by CHRB−licensed veterinarians that are required to be re- ported under Rule 1842 are exempted from the require- ments of this regulation. This

section is necessary to clarify that the CHRB−licensed veterinarian does not need to complete a duplicate report under this proposed regulation. Currently, medication treatment records are not man- dated by the Board. Commonly, CHRB−licensed vet- erinarians will prescribe a medication to a horse to be administered over a period of time. Unless the CHRB− licensed veterinarian personally administers the medi- cation, this information is not captured anywhere.

As such, it is common for medication violation investiga- tions to have difficulty in determining exactly how the overage occurred because there is no documentation. This ultimately leaves licensees who are nevertheless responsible for the medication violation with little in- formation about how to remedy the issue moving for- ward. Accordingly, the CHRB seeks to enhance equine health and safety in California by ensuring medication 93

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z administration treatment records are created whenever a horse is treated within the inclosure. FORMS INCORPORATED BY REFERENCE There is no form associated with this regulation. POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL The proposed addition of Rule 1842.5 will substan- tially enhance the health and safety of horses participat- ing in racing throughout the state. Currently, medica- tion treatment records are not mandated by the Board.

Commonly, CHRB−licensed veterinarians will pre- scribe a medication to a horse to be administered over a period of time. Unless the CHRB−licensed veterinarian personally administers the medication, this information is not captured anywhere. As such, it is common for medication violation investigations to have difficulty in determining exactly how the violation occurred be- cause there is no documentation. This ultimately leaves licensees who are nevertheless responsible for the med- ication violation, with little information about how to remedy the issue moving forward.

Accordingly, the CHRB seeks to enhance equine health and safety in Cal- ifornia by ensuring these medication treatment records are created whenever a horse is treated within the inclosure. The proposed changes will also benefit the horse rac- ing industry by enhancing the sport’s integrity. By re- quiring each trainer to maintain a record of all medica- tion treatments administered to a horse under their care within the inclosure, the Board will be able to effective- ly monitor medications provided to race horses to in- sure improper medication administrations do not occur.

CONSISTENCY EV ALUATION During the process of developing the regulation and amendments, the Board has conducted a search of any similar regulations on this topic and has concluded that the regulation is neither inconsistent nor incompatible with existing state regulations. DISCLOSURE REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code Sections 17500 through 17630: none.

Other non−discretionary costs or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed addition of Rule 1842.5 will not have a signif- icant statewide adverse economic impact directly af- fecting businesses including the ability of California businesses to compete with businesses in other states.

The following studies/relevant data were relied upon in making the above determination: The Board did not rely on any technical, theoretical, and/or empirical study, reports or documents in propos- ing the addition of Rule 1842.5. Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Significant effect on housing costs: none.

RESULT OF ECONOMIC IMPACT ANALYSIS The proposed addition of Rule 1842.5 will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of businesses currently doing business within California.

The pro- posed regulatory changes will substantially enhance the health and safety of horses participating in racing throughout the state by requiring each trainer to main- tain a record of all medication treatments administered to a horse under their care within the inclosure, thereby allowing the Board to effectively monitor medications provided to race horses and, in the event of a medication violation, determine how the violation occurred. Effect on small businesses: none.

The proposed addi- tion of Rule 1842.5 will not affect small businesses be- cause horse racing is not a small business under Gov- ernment Code

Section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome on affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Board invites interested persons to present state- ments or arguments with respect to alternatives to the 94

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Robert Brodnik, Staff Counsel California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6025 E−mail: rjbrodnik@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond Policy and Regulation Manager California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6033 E−Mail: amdrummond@chrb.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial statement of rea- sons. Copies may be obtained by contacting Robert Brodnik, or the alternative contact person at the ad- dress, phone number or e−mail address listed above. A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulations. Re- quests for copies of any modified regulation should be sent to the attention of Robert Brodnik at the address stated above. The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

A V AILABILITY OF STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Robert Brodnik at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its web site. The rulemaking file consists of the no- tice, the proposed text of the regulation and the initial statement of reasons. The Board’s web site address is: www.chrb.ca.gov. TITLE 16.

DENTAL HYGIENE BOARD OF CALIFORNIA NOTICE IS HEREBY GIVEN that the Dental Hy- giene Board of California (Board or DBHC) is propos- ing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Over- view. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office on March 2, 2020. The Board has not scheduled a public hearing on this proposed action.

The Board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and rele- vant comments, adopt the proposed regulations sub- stantially as described in this notice, or may modify the proposed regulations if such modifications are suffi- ciently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this pro- posal or who have requested notification of any changes to the proposal. 95

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, 493, 1905 and 1906 of the Business and Professions Code (B and PC), and to implement, interpret or make specific sections 141, 475, 480, 481, 482, 488, 490, 492, and 493 of said Code, the Board is considering changes to Division 11 of Title 16 of the California Code of Reg- ulations (CCR) as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Registered dental hygienists, registered dental hy- gienists in alternative practice, and registered dental hy- gienists in extended functions (collectively RDHs) are licensed dental health care professionals that perform authorized dental hygiene services.

The Dental Hy- giene Board of California (Board) licenses and regu- lates RDHs pursuant to sections 1900 through 1967.4 of the B and PC.

Section 1906 (

a) of the B and PC autho- rizes the Board to adopt, amend and revoke such rules and regulations as may be reasonably necessary to en- able it to carry into effect the provisions of the Dental Practice Act (Chapter 4 of Division 2 of the B and PC) related to RDHs. Effective July 1, 2020, Assembly Bill (AB) 2138 (Chapter 995, Statutes of 2018) requires boards within the Department of Consumer Affairs to amend their ex- isting regulations governing substantially related crimes or acts and rehabilitation criteria.

Section 480 of the B and PC presently authorizes boards to deny an ap- plication for licensure based on a conviction for a crime or act substantially related to the licensed business or profession. Likewise,

section 490 of the B and PC au- thorizes boards to suspend or revoke a license on the ba- sis that the licensee was convicted of a crime substan- tially related to the qualifications, functions, or duties of the business or profession. AB 2138 amended

section 480 of the B and PC to restrict the ability of boards to use prior convictions or acts when denying licenses. Boards may not deny a license to an applicant because the applicant was convicted of a crime, or due to the acts underlying the conviction, if the applicant has a certifi- cate of rehabilitation, was granted clemency, made a showing of rehabilitation, or the conviction was dis- missed or expunged.

As required by AB 2138, the primary purpose of this proposal is to implement, interpret, and make specific the provisions of B and PC sections 141, 475, 480, 481, 482, 488, 490, 492, and 493 relative to substantial rela- tionship and rehabilitation criteria. The Board is proposing the following changes: Add CCR

section 1135 of

Article 10 of Division 11 of Title 16 of the CCR (Substantial Relationship Criteria) The proposed regulation, for purposes of denial, sus- pension, or revocation of a license, would add profes- sional misconduct and out−of−state discipline as grounds requiring the Board to consider the substantial- ly related criteria, and require the Board, in making the substantial relationship determination for a crime, to consider the following criteria: (1) the nature and gravi- ty of the offense; (2) the number of years elapsed since the date of the offense; and (3) the nature and duties of the profession in which the applicant seeks licensure or in which the licensee is licensed.

The proposal would add that substantially related crimes, professional mis- conduct, or acts would include violating other state or federal laws governing the practice of dental hygiene. Add CCR sections 1136 and 1137 of

Article 10 of Division 11 of Title 16 of the CCR (Criteria for Rehabilitation) The proposed regulations would clarify that the Board, when considering a license denial or discipline on the ground that the applicant or licensee was convict- ed of a crime, would have to determine whether the ap- plicant or licensee made a showing of rehabilitation and is presently eligible for a license, if the applicant or li- censee completed the criminal sentence without a viola- tion of parole or probation.

In making that determina- tion, the proposal would require the Board to consider the nature and gravity of the crime, the length of the pa- role or probation period, the extent to which the parole or probation period was shortened or lengthened, and the reasons therefor, the terms or conditions of parole or probation and the extent to which they bear on the appli- cant’s or licensee’s rehabilitation, and the extent to which the terms or conditions of parole were modified, and why.

The proposal would require a broader set of re- habilitation criteria to be considered for applicants and licensees who had not completed the criminal sentence without a violation of parole or probation, did not suffi- ciently demonstrate their rehabilitation under the nar- rower set of criteria, or when the denial or discipline was based on something other than a conviction.

Policy Statement Overview/Anticipated Benefits of the Proposed Regulation: This proposal would satisfy the provisions mandated by AB 2138, including the legislation’s clear intent to reduce barriers to licensure for individuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California’s residents. In addition, the regulatory proposal seeks to improve clarity, transparency, and consistency for applicants and licensees in the Board’s use of their criminal histories. Further, by reducing barriers to licensure, the Board an- 96

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z ticipates benefits to consumers who may have greater access to licensed professionals. Determination of Inconsistency and Incompatibility with Existing State Regulations: During the process of developing this regulation, the Board has conducted a search of any similar regulations on this topic and has concluded that the proposed regu- latory action is not inconsistent or incompatible with existing state regulations.

DISCLOSURES REGARDING PROPOSED ACTION FISCAL IMPACT ESTIMATES The DHBC has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: The Board anticipates that there may be an increased cost to the state as a result of adopting the sections identified in the regulatory pro- posal. By defining the substantial relationship and reha- bilitation criteria for criminal convictions, Board staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved.

Although the increase in workload to the Board is anticipated to be absorbable within existing re- sources, the Board may request additional resources through the annual budget process for additional staff should the workload prove to be greater than anticipated. Cost or Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500 through 17630 Require Reimbursement: None.

Business Impact The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the following facts: The Board has determined that this regulatory pro- posal will not have any significant impact on the cre- ation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in the State of California.

The proposed regulations may have an impact on businesses within California, specifi- cally dental and dental hygiene practices, to the extent individual applicants are able to be licensed under the proposal. The Board issues approximately 800 licenses per year. In the Board’s history, it has reviewed seventeen (17) applications in which the applicants had criminal convictions, and in these cases, issued probationary li- censes to these applicants. Accordingly, the Board does not expect that the proposed regulations will signifi- cantly impact the number of licensees who are able to obtain licensure.

Cost Impacts on a Representative Private Person or Businesses: The Board estimates that there will be no increased costs for businesses or individuals to comply with the proposed regulations, as there would be fewer restrictions for individuals with criminal convictions to obtain licensure. The Board is not aware of any cost im- pacts that a representative person or business would necessarily incur in reasonable compliance with the proposed action. Significant Effect on Housing Costs: None.

Effect on Small Business: The Board has determined that this regulatory action may affect small businesses, which would have a greater pool of licensed profession- als from which to hire. Business Reporting Requirement The regulatory action does not require businesses to file a report with the Board. Results of the Economic Impact Analysis/Assessment Impact on Jobs/Businesses: The Board has deter- mined that this regulatory proposal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expan- sion of businesses in the State of California.

Benefits of the Proposed Action: The Board antici- pates that this proposed regulatory action may benefit individuals, who would have greater access to licen- sure, reduce criminal recidivism, and provide economic opportunity to California residents with a criminal his- tory. The public may benefit from the proposal with in- creased access to licensed professionals, which may benefit the health and welfare of the citizens of Califor- nia. Additionally, these proposed regulations would al- low for appropriate vetting of applicants to ensure pro- tection of the public.

This regulatory proposal would not affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for 97

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed regulatory action or would be more cost− effective to the affected private persons and equally ef- fective in implementing the statutory policy or other provision of the law. The following alternatives were considered:  Option 1: To pursue a regulatory change that requires the Board to find rehabilitation if the applicant completed the terms of their criminal probation or parole.

Courts give little weight to the fact that an applicant did not commit additional crimes or continue addictive behavior while in prison or while in prison or while on probation or parole since they are under the direct supervision of correctional authorities and are required to behave in an exemplary fashion. As such, the Board believes that reviewing each individual on the basis of multiple criteria is the better indicator whether individuals are rehabilitated and not a danger to the public’s health, safety, and welfare. For these reasons, the Board rejected this option.  Option 2: Take no action.

The Board opted not to pursue this option because AB 2138 mandates the Board to adopt proposed regulations by July 1, 2020. Interested persons are invited to present statements or arguments orally or in writing relevant to the above de- terminations at the above−scheduled hearing or during the written comment period. A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the amendments as originally proposed, or with non− substantial or grammatical modifications. The Board may also adopt the proposed regulatory language with other modifications if the text as modified is sufficient- ly related to the originally proposed text that was no- ticed to the public.

In the event that such modifications are made, the full regulatory text, with the modifica- tions clearly indicated, will be made available to the public for review and written comment at least 15 days before it is adopted. The public may request a copy of the modified regulatory text by contacting Dr. Adina A. Pineschi− Petty at the address below. A V AILABILITY OF FINAL STATEMENT OF REASONS All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting Dr. Adi- na A. Pineschi−Petty at the address below.

You may obtain a copy of the Final Statement of Rea- sons once it has been prepared, by making a written re- quest to Dr. Adina A. Pineschi−Petty at the address above or by accessing the website listed below. TEXT OF THE PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the ISOR, and all of the information on which the proposal is based, may be obtained at the hearing or pri- or to the hearing upon request from the Board at 2005 Evergreen Street, Suite 2050, Sacramento, California 95815, or by accessing the Board’s website at www.dhbc.ca.gov.

CONTACT PERSONS Inquiries or comments concerning the proposed reg- ulatory action may be directed to the following desig- nated agency contact persons: Dental Hygiene Board of California Attn: Adina A. Pineschi−Petty DDS 2005 Evergreen St., Ste. 2050 Sacramento, CA 95815 Email: adina.petty@dca.ca.gov Backup Contact Person: Attn: Anthony Lum 2005 Evergreen St., Ste. 2050 Sacramento, CA 95815 Email: anthony.lum@dca.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Dr. Adina A.

Pineschi−Petty at the above address. In her absence, please contact the designated back−up contact person. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions the Initial Statement of Reasons, and the text of the regulations 98

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z can be accessed through the Board’s website at www.dhbc.ca.gov. TITLE 16. DEPARTMENT OF CONSUMER AFFAIRS NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE DEPARTMENT OF CONSUMER AFFAIRS NOTICE IS HEREBY GIVEN that the Department of Consumer Affairs (hereinafter Department), pur- suant to the authority vested in it by

section 87300 of the Government Code, proposes amendment to its Conflict−of−Interest Code. A comment period has been established commencing on January 17, 2020 and clos- ing on March 2, 2020. All inquiries should be directed to the contact person listed below. The Department proposes to amend its Conflict−of− Interest Code to include employee positions that in- volve the making or participation in the making of deci- sions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of sec- tion 87302 of the Government Code. The amendment carries out the purposes of the law and no other alterna- tive would do so and be less burdensome to affected persons. Changes to the Conflict−of−Interest Code include: updates to include new division names, new positions, renaming of designated positions, deletions, and other technical changes. These proposed amendments add provisions to the Code to reflect the current organiza- tional structure of the Department. Copies of the proposed amendments to the Code are available and may be requested from the contact person set forth below.

Any interested person may submit written comments relating to the proposed amendment by submitting them no later than March 2, 2020, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than February 18, 2020. The Department has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communications required by this notice should be directed to: Grace Arupo Rodriguez, Assistant Deputy Director Legal Affairs Division Department of Consumer Affairs 1625 N.

Market Blvd., Suite S−309 Sacramento, CA 95834 Telephone: (916) 574−8260 Email: gracearupo.rodriguez@dca.ca.gov Back−up Person: Kymberly Lindenmuth, Staff Services Manger I Legal Affairs Division Department of Consumer Affairs 1625 N. Market Blvd., Suite S−309 Sacramento, CA 95834 Telephone: (916) 574−8249 Email: kymberly.lindenmuth@dca.ca.gov GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Unified Program Fee

Schedule for Imperial County CUPA to increase. Notice is hereby given that the Secretary for the Cali- fornia Environmental Protection Agency (CalEPA) is adjusting the Unified Program fee

schedule for regulat- ed businesses in Imperial County, pursuant to the Cali- fornia Code of Regulations, Title 27,

Section 15241(i). The California Department of Toxic Substances Con- trol (DTSC) is the Certified Unified Program Agency (CUPA) for Imperial County and provided CalEPA with information necessary to revise the fee schedule, which will cover the necessary and reasonable costs to implement the Unified Program according to Title 27,

Section 15241(b). In 2005, CalEPA designated DTSC to be the CUPA for Imperial County, as specified by Health and Safety Code

Section 25404.3, Subdivision (f)(2)(A). Health and Safety Code

Section 25404.5, Subdivision (a)(2)(

B) states that if the Secretary of CalEPA has des- ignated a state agency to act as the CUPA, the Secretary will determine the amount to be paid under the single fee system. CalEPA will increase the Imperial CUPA fees as pro- posed in order to cover the necessary and reasonable 99

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z costs incurred by DTSC to implement the Unified Pro- gram in Imperial County. On August 9, 2019, CalEPA publicly noticed the pro- posed increases to the Unified Program Fee Schedules for the Imperial CUPA in the California Regulatory No- tice Register for a 30−day comment period. CalEPA re- ceived no comments during the 30−day period. The revised Unified Program Fee Schedules for the Imperial CUPA are considered effective immediately upon final publication in the California Regulatory No- tice Register. Unified Program Fee

Schedule For Imperial County CUPA Effective FY2019/2020 Fee Type: All Regulated Businesses — Current Rate: $369 —Increase Amount: $72 — New Rate: $441 Fee Type: Hazardous Materials Business Plan (HMBP) — Current Rate: $527 — Increase Amount: $78 — New Rate: $605 Fee Type: Hazardous Waste Generators (HWG): Less than 1 ton — Current Rate: $395 — Increase Amount: $266 — New Rate: $661 Fee Type: HWG: 1 ton to less than 500 tons — Current Rate: $527 — Increase Amount: $521 — New Rate: $1,048 Fee Type: HWG: 500 tons or more — Current Rate: $658 — Increase Amount: $1,187 — New Rate: $1,845 Fee Type: Aboveground Storage Tanks (APSA): Less than 19,000 gallons — Current Rate: $33 — Increase Amount: n/a — New Rate: n/a Fee T ype: APSA: Greater than or equal to 19,000 to less than 34,000 gallons — Current Rate: $66 — Increase Amount: n/a — New Rate: n/a Fee Type: APSA: Greater than or equal to 34,000 gallons — Current Rate: $99 — Increase Amount: n/a —New Rate: n/a Fee Type: APSA: Less than or equal to 10,000 gallons — Current Rate: n/a — Increase Amount: $516* — New Rate: $549 Fee Type: APSA: Greater than 10,000 to less than 100,000 gallons — Current Rate: n/a — Increase Amount: $703* — New Rate: $769 Fee Type: APSA: Greater than or equal to 100,000 to less than 1 million gallons — Current Rate: n/a — Increase Amount: $999* — New Rate: $1,098 Fee Type: APSA: Greater than 10,000 to less than 100,000 gallons — Current Rate: n/a — Increase Amount: $1,438* — New Rate: $1,537 *Calculated using an average based on the previous volume categories Fee Type: Underground Storage Tanks (UST): Less Than 19,000 gallons — Current Rate: $1,200 — Increase Amount: $2,695 — New Rate: $3,954 Fee Type: UST: Between or Equal To 19,000 to 34,000 gallons — Current Rate: $2,518 — Increase Amount: $2,424 — New Rate: $4,942 Fee Type: UST: Greater Than 34,000 gallons — Current Rate: $3,777 — Increase Amount: $1,824 — New Rate: $5,601 Fee Type: California Accidental Release Program — Current Rate: $3,258 — Increase Amount: ($183) — New Rate: $3,075 Fee Type: Hazardous Waste Recyclers — Current Rate: $527 — Increase Amount: $521 — New Rate: $1,048 Fee Type: Tiered Permitting Conditional Exemption — Current Rate: $864 — Increase Amount: $184 — New Rate: $1,048 Fee Type: Permit by Rule/Conditional Authorization — Current Rate: $518 — Increase Amount: $143 — New Rate: $661 Imperial County CUPA Non−Recurring Fees for UST Permits Permit Activity: Tank Installations — Flat Rate Time: 30 Hours — Initial Fee: $4,950 Permit Activity: Repairs and Updates — Flat Rate Time: 6 Hours — Initial Fee: $990 Permit Activity: Tank Removals — Flat Rate Time: 20 Hours —Initial Fee: $3,300 Additional hours beyond the Permit Activity’ s desig- nated Flat Rate Time are charged at $165 per hour.

RULEMAKING PETITION DECISION BUREAU OF GAMBLING CONTROL (DEPARTMENT OF JUSTICE) NOTICE OF DENIAL OF REQUEST FOR RECONSIDERATION OF REQUEST FOR ADOPTION OR REPEAL Agency: Department of Justice, Division of Law Enforcement, Bureau of Gambling Control Petitioner: Jarhett Blonien, J. Blonien APLC Authority: California Business and Professions Code sections 19826 and 19827 Issue: On December 4, 2019, the Department of Justice, Division of Law Enforcement, Bureau of 100

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z Gambling Control received a request for reconsideration of a request to repeal or amend regulations (California Code of Regulations, Title 11, Division 3,

Chapter 1,

Article 5, Sections 2050, 2051, 2052, 2053.) Determination: On December 4, 2019, the Department of Justice, Bu- reau of Gambling Control (Bureau) received a request for reconsideration of a request to repeal California Code of Regulations, Title 11, Division 3,

Chapter 1,

Article 5, Sections 2050, 2051, 2052, and 2053, and de- nies the request for reconsideration as explained below. Request claim: “[T]he regulations at issue 1 concern the administration and regulation of gaming and are not within the scope of authority granted to the Bureau by the Legislature. The Bureau is exceeding its own statu- tory authority and usurping the authority of the Califor- nia Gambling Control Commission (“Commission”) with these invalid regulations.” ... “In 2001, SB 952 repealed Business and Professions Code

section 19830(a). The statutory authority for 11CCR sections 2050−2054 [sic] was therefore repealed.” ... “The Commission has subsequently promulgated numerous Regulations and has not found it necessary to promulgate Regulations like 11CCR sections 2050−2054 [sic]. (See 4 CCR

section 12000 et. seq.)” Response: 1. The repeal of Business and Professions Code

section 19830, subdivision (

a) did not affect the Bureau’s authority to adopt sections 2050 through 2053, of title 11 of the California Code of Regulations. Beginning in 1997, the Gambling Control Act (Act) was implemented in two phases. During Phase I, the Act authorized the Bureau to adopt regulations implement- ing the Act. (Former Bus. and Prof. Code,

section 19830, subd. (a).) During Phase II, the Act created the California Gambling Control Commission to regulate the operations of gambling establishments, leaving the Bureau with jurisdiction to investigate and monitor the operations of such establishments for compliance with the Act. (Bus. and Prof. Code, sections 19826, 19827.) During Phase II and today, the Act authorized and still authorizes the Bureau to adopt regulations relating to investigating and monitoring gambling establishments. 1 California Code of Regulations, Title 11, Division 3,

Chapter 1,

Article 5, Sections 2050, 2051, 2052, and 2053. (Former Bus. and Prof. Code,

section 19824A renum- bered as Bus. and Prof. Code,

section 19826.) After transitioning to Phase II, the Bureau sponsored Senate Bill 952 (Stats. 2001, Ch. 945) to correct draft- ing errors and to delete duplicate, conflicting provisions in the Act relating to the two−phase implementation of the Act, including the repeal of Business and Profes- sions Code

section 19830, subdivision (a). (Sen. Com- mittee on Governmental Organization, Senate Bill 952, Apr. 3, 2001.) SB 952 did not substantively alter the re- sponsibilities of the Bureau or the Commission. Following the passage of SB 952, the Bureau made a non−substantive update to the authority

section of sec- tions 2050 through 2053. 2. The Bureau has subject matter jurisdiction over sections 2050 through 2053, of title 11 of the California Code of Regulations. Sections 2050 through 2053 of title 11 of the Califor- nia Code of Regulations are necessary for the Bureau to investigate and monitor the activities of gambling es- tablishments. (Bus. and Prof. Code,

section 19826.)

Section 2050 ensures that the Bureau has access to an owner or key employee during an establishment’s hours of operation to promptly investigate complaints and suspected violations.

Section 2051 ensures that the Bu- reau has access to the chips used by gambling establish- ments to promptly investigate complaints and suspect- ed violations. The reporting requirement in

section 2052 allows the Bureau to monitor the activities of gam- bling establishments and to have ready access to infor- mation to promptly investigate complaints and suspect- ed violations. In the Act, the Legislature specifically de- clared that records of cash and credit transactions “have a high degree of usefulness” in investigations. (Bus.

section 19801, subd. (n).)

Section 2053 ensures that the Bureau can investigate and monitor whether a gambling establishment has enough money to cover winning wagers. Because the request for reconsideration fails to pro- vide any basis upon which to reconsider the Bureau’s previous denial of the original petition, and only con- tains a reiteration of what was provided in the original petition, the request for reconsideration is denied. Contact Person and Availability of Petition Pursuant to Government Code

section 11340.7, sub-

section (d), any interested party, or his or her duly au- thorized representative, may obtain a copy of the peti- tion related to this determination by contacting: 101

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z Susanne George, Regulations Coordinator California Department of Justice Bureau of Gambling Control P.O. Box 168024 Sacramento, CA 95816−8024 E−mail: Susanne.George@doj.ca.gov 916−830−9032

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. File# 2019−1118−04 AIR RESOURCES BOARD Clean Cars 4 All and Enhanced Fleet Modernization Programs In this change without a regulatory effect, the Board amends the definition of the term “mobility option” to include bike sharing and electric bicycles.

This change is made to be consistent with the statutory definition found in Health and Safety Code

section 44124, which was amended pursuant to Senate Bill 400 (Stats. 2019, Ch. 271). Title 13 AMEND: 2621 Filed 01/02/2020 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2019−1118−05 AIR RESOURCES BOARD Nonsubstantial Changes to California SNAP Regulation Existing law prohibits the use of certain hydrofluoro- carbons in stationary refrigeration and foam end−uses. Health and Safety Code

section 39734 (added by Stats. 2018, ch. 375,

sec. 1) prohibits the use of class I sub- stances, as defined, class II substances, as defined, and substitutes, as defined, under the federal Clean Air Act, as it read on specified dates, except as specified. As changes without regulatory effect, the Air Resources Board is adding these recently prohibited substances and corresponding exemptions. Title 17 ADOPT: 95376 AMEND: 95371, 95372, 95373, 95374, 95375, 95376 (renumbered to 95377), 95377 (renumbered to 95378) Filed 01/03/2020 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2019−1122−01 BOARD OF FORESTRY AND FIRE PROTECTION AB 1160 Amendments The Z’berg−Nejedly Forest Practice Act of 1973 (Pub. Resources Code,

sec. 4551 et seq.) (the “Act”) prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The Act requires the Board of Forestry and Fire Protection (the “Board”) to adopt district forest practice rules and regulations, as provided. Public Re- sources Code

section 4551.3, subdivision (a), as amended by Statutes 2019,

chapter 108,

section 1, pro- vides that a sustained yield plan prepared and approved in accordance with these rules and regulations shall be effective for a period of no more than 20 years, which is an increase from the previous 10−year limit. As changes without regulatory effect, the Board is amending their regulations to state that the effective period of a sus- tained yield plan shall be no more than 20 years, and the renewal of a previously approved sustained yield plan may be granted for a successive 20−year period.

Title 14 AMEND: 1091.9, 1091.15 Filed 01/07/2020 Agency Contact: Eric Hedge (916) 653−9633 File# 2020−0102−03 CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY Children’s Hospital Program of 2018 On November 6, 2018, California voters passed Proposition 4, which enabled the State of California to issue $1.5 billion in general obligation bonds to fund the Children’s Hospital Program of 2018 (the “Program”). Pursuant to Health and Safety Code

section 1179.84, “The purpose of the . . . Program is to improve the health and welfare of California’s critically ill children by pro- viding a stable and ready source of funds for capital im- provement projects for children’s hospitals.” In this readopt of OAL Matter No. 2019−0925−01EE, the Cal- ifornia Health Facilities Financing Authority is creating the mechanism whereby these funds may be disbursed to eligible entities. 102

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z Title 4 ADOPT: 7000, 7001, 7002, 7003, 7003.1, 7004, 7004.1, 7005, 7006, 7006.1, 7007, 7007.1, 7008, 7008.1, 7009, 7010, 7011, 7012, 7013, 7013.1, 7013.2, 7014, 7015, 7016, 7017 Filed 01/08/2020 Effective 01/09/2020 Agency Contact: Yuanyuan Wei (916) 653−3839 File# 2019−1203−02 CALIFORNIA STATE UNIVERSITY Nondiscrimination in Student Organizations This action by the Board of Trustees of the California State University, submitted to OAL for a courtesy filing with the Secretary of State and for printing in the Cali- fornia Code of Regulations, amends regulations regard- ing nondiscrimination in student organizations.

This action is exempt from the Administrative Procedure Act under Education Code

section 89030 and takes ef- fect upon filing with the Secretary of state under Educa- tion Code

section 89030.1. Title 5 AMEND: 41500, 41503, 41504, 41505 Filed 01/07/2020 Effective 01/07/2020 Agency Contact: Jason Taylor (562) 951−4500 File# 2019−1206−03 DEPARTMENT OF FINANCE Conflict−of−Interest Code This is a Conflict−of−Interest Code that has been ap- proved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 AMEND: 37000 Filed 01/03/2020 Effective 02/02/2020 Agency Contact: Greg Skubal (916) 445−3878 File# 2019−1216−02 DEPARTMENT OF INDUSTRIAL RELATIONS Civil Penalties for Cal/OSHA Citations This file and print action by the Department of Indus- trial Relations amends maximum and minimum civil penalties in accordance with statutory adjustments based upon the annual percentage increase in the Octo- ber Consumer Price Index for All Urban Consumers.

The adjustments increase (1) the maximum civil penal- ties for Regulatory, General, and Repeat violations and (2) the minimum and maximum civil penalties for Will- ful violations. These regulations are exempt from the Administrative Procedure Act pursuant to Labor Code sections 6427(b), 6429(a)(2), and 6431(b).

Title 8 AMEND: 336 Filed 01/06/2020 Effective 01/01/2020 Agency Contact: Christopher Grossgart (510) 286−7348 File# 2019−1204−02 DEPARTMENT OF SOCIAL SERVICES CalWORKs Maximum Aid Payment (MAP) Increase This rulemaking action makes permanent emergency amendments to sections of the Manual of Policies and Procedures (MPP) which removed a table of Minimum Basic Standards of Adequate Care (MBSAC) and Max- imum Aid Payment (MAP) CalWORKS benefits as well as references elsewhere in the MPP to that table.

In place of the table and references to the table, the Depart- ment adopted language which refers readers to the most recent All County Letter available on the Department’s website for updated MBSAC and MAP amounts. Title MPP AMEND: 44−207, 44−315, 89−110 Filed 01/08/2020 Effective 01/08/2020 Agency Contact: Kenneth Jennings (916) 657−2586 103

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN October 1, 2019 TO December 31, 2019 All regulatory actions filed by OAL during this period are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the De- partment of Social Services listed last. For further information on a particular file, contact the person listed in the

Summary of Regulatory Actions

section of the Notice Register published on the first Friday more than nine days after the date filed.

Title 02 10/08/2019 AMEND: 38000, 38000.1, 38000.2, 38000.3, 38000.4, 38000.5, 38000.6, 38000.7, 38000.8, 38000.9, 38000.10 10/23/2019 ADOPT: 18422.1 AMEND: 18422 10/29/2019 AMEND: 599.752 11/13/2019 ADOPT: 2100.02, 2100.03, 2100.04, 2100.05, 2100.06, 2100.07, 2100.08, 2100.09, 2100.10 11/25/2019 AMEND: 1901, 2202, 2300, 2315, 2325, 2541, 2561 12/12/2019 AMEND: 12176, 12179, 12180 11/20/2019 AMEND: 10500 12/24/2019 ADOPT: 18450.2, 18450.3, 18450.4 AMEND: 18435, 18450.1 Title 03 10/24/2019 AMEND: 1280.1, 1280.2, 1280.8 12/10/2019 ADOPT: 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, 4950.1 Title 04 10/03/2019 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420,7421, 7422, 7423,7424, 7425, 7426, 7427,7428, 7429 10/10/2019 AMEND: 1844, 1866.1 10/22/2019 AMEND: 12218.7, 122235, 12342, 12350 10/07/2019 ADOPT: 7000, 7001, 7002, 7003, 7003.1, 7004, 7004.1, 7005, 7006, 7006.1, 7007, 7007.1, 7008, 7008.1, 7009, 7010, 7011, 7012, 7013, 7013.1, 7013.2, 7014, 7015, 7016, 7017 11/04/2019 AMEND: 1632 10/31/2019 ADOPT: 10093.1, 10093.2, 10093.3, 10093.4, 10093.5, 10093.6, 10093.7, 10093.8, 10093.9, 10093.10, 10093.11 11/04/2019 AMEND: 5000, 5100, 5233 12/17/2019 ADOPT: 4002.11 AMEND: 4001 12/23/2019 AMEND: 10305, 10317, 10322, 10325, 10326, 10327 12/16/2019 AMEND: 10031, 10032, 10033, 10034, 10035, 10036 Title 05 10/14/2019 AMEND: 19810 10/29/2019 AMEND: 4911 10/10/2019 AMEND: 58170 12/26/2019 ADOPT: 597 AMEND: 590, 591, 594, 596 12/24/2019 ADOPT: 12010, 12011, 12012, 12013, 12014, 12015, 12016, 12017, 12018, 12019, 12020, 12021, 12022 12/26/2019 ADOPT: 18140, 18145,18155,18160,18165 Title 08 10/16/2019 AMEND: 9789.25 104

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z 10/21/2019 AMEND: 9792.23.10 11/06/2019 REPEAL: 10175, 10176, 10177, 10178, 10179, 10180, 10181 12/05/2019 AMEND: 2300, 2305.2, 2940.2,

Article 36 Appendix A 12/11/2019 AMEND: 14300.35, 14300.41 12/17/2019 ADOPT: 10300, 10302, 10355, 10370, 10382, 10400, 10401, 10403, 10404, 10440, 10450, 10455, 10462, 10465, 10525, 10540, 10547, 10555, 10560, 10565, 10610, 10615, 10620, 10625, 10628, 10629, 10632, 10635, 10637, 10670, 10680, 10700, 10751, 10752, 10755, 10756, 10758, 10759, 10786, 10787, 10803, 10807, 10832, 10835, 10862, 10868, 10872, 10873, 10875, 10876, 10878, 10880, 10888, 10900, 10905, 10910, 10914, 10940 REPEAL: 10300, 10302, 10304, 10322, 10349, 10350, 10351, 10352, 10353, 10364, 10380, 10390, 10391, 10392, 10393, 10400, 10401, 10402, 10403, 10412, 10430, 10440, 10445, 10451.1, 10451.2, 10454, 10462, 10464, 10466, 10480, 10484, 10496, 10497, 10500, 10501, 10505, 10506, 10510, 10560, 10562, 10563, 10563.1, 10566, 10578, 10582.5, 10583, 10600, 10601, 10604, 10605, 10607, 10608, 10608.5, 10615, 10616, 10622, 10626, 10629, 10631, 10632, 10633, 10634, 10750, 10751, 10753, 10770, 10770.1, 10770.7, 10773, 10774.5, 10785, 10828, 10840, 10844, 10845, 10850, 10852, 10870, 10874, 10878, 10882, 10888, 10940, 10942, 10946, 10950, 10995, 10996, 10997 12/12/2019 AMEND: 9789.25 12/27/2019 ADOPT: 32036, 32038, 32039, 32610, 32610.5, 32611, 32611.5, 33014, 33014.5 AMEND: 31001, 32020, 32030, 32050, 32055, 32060, 32075, 32080, 32090, 32091, 32100, 32105, 32120, 32130, 32132, 32135, 32136, 32140, 32142, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32168, 32169, 32170, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32315, 32320, 32325, 32350, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32602, 32605, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32980, 32998 Title 10 10/09/2019 ADOPT: 6464 10/17/2019 AMEND: 2498.4.9 10/31/2019 AMEND: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 10/07/2019 AMEND: 6408, 6410, 6452, 6454, 6470, 6474, 6496, 6498, 6502, 6504, 6506, 6602 10/07/2019 ADOPT: 6910, 6912, 6914, 6916, 6918, 6920, 6922 11/19/2019 AMEND: 2318.6, 2353.1, 2354 11/07/2019 AMEND: 6532 Title 11 10/07/2019 AMEND: 999.108, 999.122, 999.128, 999.129, 999.131, 999.132, 999.133, 999.134, 999.136, 999.137, 999.138, 999.139, 999.140, 999.141, 999.142, 999.143, 999.144, 999.145, 999.146, 999.147, 999.148, 999.149, 999.150, 999.154, 999.165, 999.166, 999.167, 999.168, 999.176, 999.178, 999.190, 999.195, 999.196, 999.197, 999.217, 999.218, 999.219, 999.220, 999.221, 999.223 REPEAL: 999.130. 999.135. 999.153 10/11/2019 ADOPT: 999.500, 999.503, 999.504, 999.505, 999.506 10/11/2019 AMEND: 1015 10/28/2019 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2097, 2107 11/08/2019 ADOPT: 300.1, 300.2 AMEND: 300, 301, 303, 305, 306, 308, 411, 415, 416, 420 REPEAL: 307 10/22/2019 AMEND: 999.12 REPEAL: 999.13 11/21/2019 ADOPT: 51.33 11/20/2019 AMEND: 20 11/19/2019 ADOPT: 999.501, 999.502 11/07/2019 AMEND: 28.4 12/17/2019 AMEND: 4002, 4018, 4033, 4035, 4045.1, 4130, 4140, 4142, 4251, 4259, 4260, 4307, 4340, 4352, 5474.2, 5478, 5480, 5482 105

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z 12/26/2019 AMEND: 999.12 REPEAL: 999.13 12/19/2019 ADOPT: 4045.1 AMEND: 4002, 4142, 5478 12/18/2019 ADOPT: 999.400 12/30/2019 AMEND: 4001 Title 13 10/03/2019 AMEND: 1968.2, 1971.1, 1971.5 10/07/2019 AMEND: 1239 10/15/2019 AMEND: 551.25 11/26/2019 AMEND: 2411, 2412, 2415, 2416, 2418, 2419.4 12/16/2019 AMEND: 227.26, 227.28, 228.02 12/09/2019 AMEND: 17.00 12/23/2019 AMEND: 1201, 1212, 1212.5 12/24/2019 AMEND: 1157.21 12/23/2019 AMEND: 1158.2 12/17/2019 AMEND: 550, 551.12 12/30/2019 AMEND: 553.70 Title 14 10/16/2019 AMEND: 1265.03 11/07/2019 ADOPT: 3691.1, 3691.2, 3691.3, 3691.4, 3691.5, 3691.6, 3691.7, 3691.8, 3691.9, 3691.10 AMEND: 3680, 3681, 3682, 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690 10/08/2019 AMEND: 18660.40 11/14/2019 AMEND: 895.1, 1038, 1038.1, 1038.2 REPEAL: 1038.5 11/14/2019 AMEND: 912.7, 913.2, 913.3, 913.4, 916.9, 932.7, 933.2, 933.3, 933.4, 936.9, 952.7, 953.3, 953.4, 956.9, 1072.6, 1080.1 11/06/2019 AMEND: 699.5 10/28/2019 AMEND: 18419 11/14/2019 ADOPT: 1090.01 AMEND: 923.3, 943.3, 963.3, 1090, 1090.1, 1090.2, 1090.3, 1090.4, 1090.5, 1090.6, 1090.7, 1090.9, 1090.10, 1090.11, 1090.14, 1090.16, 1090.17, 1090.18, 1090.19, 1090.20, 1090.21, 1090.22, 1090.23, 1090.25, 1090.26 10/28/2019 AMEND: 122.1, 125, 126.1, 180.1, 180.5 11/27/2019 AMEND: 13032, 13053, 13055, 13056.1, 13057, 13096, 13107, 13108, 13111, 13137, 13149, 13180, 13181, 13183, 13185, 13190, 13191, 13193, 13248, 13250, 13253, 13302, 13318, 13333, 13518, 13519, 13544, 13544.5, 13547, 13549, 13551, 13552, 13569, 13573, 13637 REPEAL: 13025, 13559 12/16/2019 ADOPT: 8200, 8200.1, 8200.2, 8200.4 12/19/2019 AMEND: 1265.02 12/27/2019 AMEND: 11900 12/27/2019 AMEND: 11900 (a) 12/12/2019 AMEND: 2975 12/23/2019 AMEND: 7.50 Title 15 10/21/2019 ADOPT: 3495, 3496,, 3497, 2449.30, 2449.31, 2449.32, 2449.33, 2449.34 AMEND: 2449.1, 3490, 3491 10/24/2019 AMEND: 3043, 3043.3, 3043.4, 3043.5 11/20/2019 ADOPT: 2440, 2441, 2442, 2443, 2444, 2445, 2446, 2447, 2448 12/18/2019 AMEND: 3375, 3375.3 106

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z 12/05/2019 ADOPT: 3999.100, 3999.101, 3999.108, 3999.109, 3999.110, 3999.111, 3999.112, 3999.113, 3999.114, 3999.115, 3999.116, 3999.125, 3999.126, 3999.127, 3999.130, 3999.131, 3999.133, 3999.134, 3999.135, 3999.136, 3999.137, 3999.138, 3999.139, 3999.140, 3999.141, 3999.142, 3999.143, 3999.144, 3999.145, 3999.146, 3999.147, 3999.201, 3999.205, 3999.215, 3999.216, 3999.217, 3999.218, 3999.219, 3999.240, 3999.241, 3999.300, 3999.301, 3999.302, 3999.303, 3999.304, 3999.305, 3999.306, 3999.307, 3999.308, 3999.309, 3999.310, 3999.315, 3999.325, 3999.326, 3999.368, 3999.375, 3999.380, 3999.381, 3999.382, 3999.383, 3999.384, 3999.385, 3999.390, 3999.391, 3999.392, 3999.393, 3999.394, 3999.396, 3999.400, 3999.401, 3999.410, 3999.411, 3999.415, 3999.418, 3999.419, 3999.427, 3999.428, 3999.430, 3999.431 AMEND: 3999.98, 3999.99, 3999.320 REPEAL: 3352, 3352.1, 3355, 3355.2 12/10/2019 ADOPT: 3076, 3076.1, 3076.2, 3076.5 AMEND: 3076.3, 3076.4 REPEAL: 3076, 3076.1, 3076.2, 3076.5 Title 16 10/18/2019 AMEND: 124, 124.5 10/23/2019 AMEND: 1399.201, 1399.203, 1399.204, 1399.274 REPEAL: 1508, 1508.2, 1508.3 11/12/2019 AMEND: 1749 11/13/2019 ADOPT: 974.3 AMEND: 974 11/27/2019 AMEND: 2032.1 11/26/2019 AMEND: 1821, 1833.1, 1870, 1887.4.1 REPEAL: 1889, 1889.1, 1889.2, 1889.3 12/05/2019 AMEND: 1399.617 12/30/2019 ADOPT: 2017, 2042 AMEND: 2003 12/19/2019 AMEND: 811 Title 17 11/22/2019 ADOPT: 93400, 93401, 93402, 93403, 93404, 93405, 93406, 93407, 93408, 93409, 93410 12/19/2019 AMEND: 94010, 94016 12/18/2019 ADOPT: 30315.05, 30315.20, 30315.22, 30315.23, 30315.33, 30315.50, 30315.52, 30316.30, 30317.10, 30317.20, 30318.11 AMEND: 30315.10, 30315.34, 30315.36, 30315.60, 30316, 30316.10, 30316.20, 30316.60, 30316.61, 30318.10, 30319, 30320.90 REPEAL: 30315.33, 30315.35, 30315.50, 30315.51, 30315.52, 30316.22, 30316.30, 30316.40, 30316.50, 30317, 30317.10, 30317.20, 30317.30, 30317.40, 30317.50, 30317.60, 30317.70, 30318.11, 30319.20 12/11/2019 AMEND: 94014 12/20/2019 ADOPT: 6520, 6541, 6542, 6543, 6544, 6545, 6540, 6547, 6548, 6549 AMEND: 6523, 6525, 6527, 6529, 6531, 6532, 6540.1 REPEAL: 6521, 6521.3, 6521.5, 6521.7, 6521.9, 6521.11, 6521.13, 6521.15, 6521.17, 6521.19, 6521.21, 6521.23, 6521.25, 6521.27, 6521.29, 6521.31 Title 18 10/08/2019 AMEND: 18662−0, 18662−1, 18662−2, 18662−3, 18662−4, 18662−5, 18662−6, 18662−8 11/04/2019 AMEND: 302, 305, 305.1, 305.2, 323 12/26/2019 AMEND: 202 Title 20 10/07/2019 AMEND: 1601, 1602, 1604, 1605.1, 1605.2, 1605.3, 1606, 1607 12/12/2019 AMEND: 1602, 1605.1 12/24/2019 ADOPT: 1004 AMEND: 1602, 1604, 1605.1, 1605.3, 1606, 1608 12/30/2019 REPEAL: 1650, 1651, 1652, 1653, 1654, 1655 Title 22 10/24/2019 AMEND: 64305 12/13/2019 AMEND: 97210, 97212, 97213, 97215, 97240, 97241, 97244, 97245, 97246, 97247, 97249, 97250 Title 23 10/29/2019 ADOPT: 3959.8 107

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 3-Z 11/06/2019 AMEND: 2631 REPEAL: 2631.2 10/28/2019 AMEND: 1062, 1063, 1064, 1065, 1066, 1068, 3833.1 10/23/2019 AMEND: 2200, 2200.6, 2200.7 Title 26 12/10/2019 REPEAL: 19−2040, 19−2041, 19−2060, 19−2070, 19−2071, 19−2072, 19−2073, 19−2074, 19−2075 Title 27 12/31/2019 AMEND: 25600.2 Title 27, 20 11/04/2019 AMEND: 27001 Title MPP 10/07/2019 AMEND: 40−105, 40−171, 80−301 REPEAL: 40−026 10/31/2019 ADOPT: 31−237 except subdivision (f)(2) 12/30/2019 AMEND: 44−111 12/31/2019 ADOPT: 31−237(f)(2) 108