GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 36-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW S EPTEMBER 3, 2021 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2021–0824–27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1095 AMENDMENT: MUL TI–COUNTY: Shasta –T ehama — Trinity Joint Community College District ST ATE AGENCY: California Prison Industry Authority TITLE 3.

DEP ARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Eradication Area — Notice File Number Z2021–0823–02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1096 TITLE 11. DEP ARTMENT OF JUSTICE Controlled Substance Utilization Review and Evaluation System (CURES) — Notice File Number 2021–0824–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1099 TITLE 14. DEP ARTMENT OF RESOURCES RECYCLING AND RECOVERY Structure for Multiple Covered Electronic Waste Payment Rates — Notice File Number Z2021–0823–04 . . . . . . . . .1104 TITLE 16.

BOARD OF PHARMACY Address Change Notification — Notice File Number Z2021–0823–06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1110 TITLE 19. DEP ARTMENT OF FORESTRY AND FIRE PROTECTION — OFFICE OF THE STATE FIRE MARSHAL Hazardous Liquid Pipeline Safety — Intrastate Fees — Notice File Number Z2021–0824–25 . . . . . . . . . . . . . . . . . .1113 TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 1, SFM 03/21 — Notice File Number Z2021–0824–04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1117 (Continued on next page) Time- Dated Material

(Continued on next page) TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL 2021 Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 2, SFM 04/21— Notice File Number Z2021–0824–05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1122 TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL 2021 Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 2 .5, SFM 05/21 — Notice File Number Z2021–0824–06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1128 TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL 2021 Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 9, SFM 06/21 — Notice File Number Z2021–0824–07 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1134 TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL 2021 Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 10, SFM 07/21— Notice File Number Z2021–0824–08 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1140 TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL 2021 Triennial Code Adoption Cycle, 2022 California Code of Regulations, Title 24,

Part 12, SFM 08/21— Notice File Number Z2021–0824–09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1147 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT 2022 California Administrative Code, California Code of Regulations, Title 24,

Part 1, DSA–SS/CC 04/21 — Notice File Number Z2021–0824–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1152 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT California Building Code,

Part 2, Title 24, California Code of Regulations, DSA SS/CC 05/21 — Notice File Number Z2021–0824–11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1156 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT California Existing Building Code,

Part 10, Title 24, California Code of Regulations, DSA–SS/CC 06/21— Notice File Number Z2021–0824–12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1159 TITLE 24. BUILDING STANDARDS COMMISSION Adopt and amend the 2022 California Administrative Code,

Part 1, Title 24, California Code of Regulations, BSC 04/21— Notice File Number Z2021–0824–13 . . . . . . . . . . . . . . . . . . .1163 TITLE 24. BUILDING STANDARDS COMMISSION Adopt and Amend 2022 California Building Code,

Part 2, Title 24, California Code of Regulations, BSC 05/21 — Notice File Number Z2021–0824–14 . . . . . . . . . . . . . . . . . . . . . . . . . .1167

(Continued on next page) TITLE 24. BUILDING STANDARDS COMMISSION Amend 2022 California Residential Code,

Part 2 .5, Title 24, California Code of Regulations, BSC 06/21 — Notice File Number Z2021–0824–15 . . . . . . . . . . . . . . . . . . . . . . . . . .1171 TITLE 24. BUILDING STANDARDS COMMISSION Regarding the 2022 California Fire Code, California Code of Regulations, Title 24,

Part 9, BSC 08/21 — Notice File Number Z2021–0824–16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1175 TITLE 24. BUILDING STANDARDS COMMISSION Regarding the 2022 California Existing Building Code, Title 24,

Part 10, BSC 09/21 — Notice File Number Z2021–0824–17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1178 TITLE 24. BUILDING STANDARDS COMMISSION Regarding the 2021 California Referenced Standards Code, California Code of Regulations, Title 24,

Part 12, BSC 07/21 — Notice File Number Z2021–0824–18 . . . . . . . . . . . .1183 TITLE 24. BUILDING STANDARDS COMMISSION/OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT 2021 Triennial Code Adoption Cycle,

Part 1, OSHPD 03/21 — Notice File Number Z2021–0824–19 . . . . . . . . . . . .1186 TITLE 24. BUILDING STANDARDS COMMISSION/OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT 2021 Triennial Code Adoption Cycle,

Part 2, Volume 2, California Building Code, OSHPD 06/21 — Notice File Number Z2021–0824–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . .1189 TITLE 24. BUILDING STANDARDS COMMISSION/OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT 2021 Triennial Code Adoption Cycle,

Part 10, California Existing Building Code, OSPHD 05/21 — Notice File Number Z2021–0824–21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1193 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2022 California Building Code, Title 24,

Part 2, HCD 05/21 — Notice File Number Z2021–0824–22 . . . . . . . . . . . .1196 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2022 California Residential Code, California Code of Regulations, Title 24,

Part 2 .5, HCD 06/21 — Notice File Number Z2021–0824–23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1201

(Continued on next page) TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2022 California Existing Building Code, California Code of Regulations, Title 24,

Part 10, HCD 07/21 — Notice File Number Z2021–0824–24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1205 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Bond Creek Large Wood Augmentation Project, Consistency Determination No . 1653–2021–075–001–R1, Mendocino County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1210 DEPARTMENT OF FISH AND WILDLIFE Middle Fork Ten Mile Large Wood Augmentation Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1212 DEPARTMENT OF FISH AND WILDLIFE Neefus Gulch Fish Passage and Habitat Improvement Project, Consistency Determination No . 1653–2021–076–001–R1, Mendocino County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1214 DEPARTMENT OF FISH AND WILDLIFE Hayworth Creek Large Wood Augmentation Project, Consistency Determination No . 1653–2021–073–001–R1, Mendocino County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1216 DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for China Creek Wood Loading Project, Tracking Number 1653–2021–077–007–R1, Siskiyou County . . . . . . . . . . . . . . .1218 DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653, Consistency Determination Request for Round Valley Meadow Restoration Project, Tracking Number 1653–2021–078–001–R1, Tehama County . . . . . . . . .1218 DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Mill Creek Ward Dam Sediment Removal Project, Tracking Number 1653–2021–079–001–R1, Tehama County . . . . . . . . . . . . .1219 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species on the Peninsular Bighorn Sheep . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1219 DEPARTMENT OF FISH AND WILDLIFE Stone Lakes Restoration Project Serra Property, Consistency Determination No . 2080–2021–011–03, Sacramento County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1220

DEPARTMENT OF FISH AND WILDLIFE Stony Oaks Residential Development Project, Consistency Determination No . 2080–2021–010–03, Sonoma County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1222 DEPARTMENT OF FISH AND WILDLIFE Research on Bobcat (Lynx Rufus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1226 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting on October 21, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1226 OAL REGULATORY DETERMINATION DEPARTMENT OF STATE HOSPITALS 2021 OAL Determination Number 3, Requested by Vadim Stanley Miesegaes Concerning Administrative Directive 820, Effective 6/24/2020, Titled “Unit Security”

Section III, Subsections A ., and B ., issued by the California Department of State Hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1227

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1232 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1095 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 Government Code to review proposed conflict– of–interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT Multi–County: Shasta–Tehama–Trinity Joint Community College District State Agency: California Prison Industry Authority A written comment period has been established com- mencing on September 3, 2021 and closing on October 18, 2021.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

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

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, 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, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than October 18, 2021. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult 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 Government Code

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

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

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1096 the Commission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Department) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3591.2 pertaining to the Oriental Fruit Fly (OFF) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized representative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX or email.

The written comment period closes on October 18 th, 2021. The Department will consider only comments received at the Department offices by that date or postmarked no later than October 18 th, 2021. Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In Mr. Kelch’s absence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov.

Unless there are substantial changes to the proposed regulation prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Following the public hearing, if one is requested, or following the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.2 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762, 5763 and 5764 of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Food and Agriculture (Department) adopted

section 3591.2 to provide authority to the State to eradicate infestations of Bactrocera dorsalis , Oriental fruit fly, from within the declared eradication area by established means and methods. This rulemaking action would add Butte, Colusa, Humboldt, Imperial, Marin, Merced, Monterey, Napa, Nevada, Placer, San Francisco, Solano, Sonoma, Stanislaus, Sutter, and Yuba counties to the Oriental Fruit Fly Eradication Area.

The effect of the amendment of this regulation is to provide authority for the State to perform eradication activities against Oriental fruit fly in Butte, Colusa, Humboldt, Imperial, Marin, Merced, Monterey, Napa, Nevada, Placer, San Francisco, Solano, Sonoma, Stanislaus, Sutter, and Yuba counties in a timely manner. Relying on modeling based on prior detections and human– based behavior to determine areas that are at high risk allows the Department to act quickly and effectively if an OFF is detected.

EXISTING LAWS AND REGULATIONS Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this state and determine the probability of its spread and the feasibility of its control or eradication (FAC

Section 5321). Existing law also provides that the Secretary may establish, maintain and enforce quarantine, eradication and other such regulations as they deemed necessary to protect the agricultural industry from the introduction and spread of pests (FAC Sections 401, 403, 407 and 5322). Existing law, FAC

section 403, provides that the department shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

section 407, provides that the Secretary may adopt such regulations as are reasonably necessary to carry out the provisions of

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1097 this code which the Secretary is directed or authorized to administer or enforce. Existing law, FAC

section 5322, provides that the Secretary may establish, maintain, and enforce quarantine, eradication, and such other regulations as are in the Secretary’s opinion necessary to circumscribe and exterminate or prevent the spread of any pest which is described in FAC

section 5321. Existing law, FAC

section 5761, provides that regulations which are adopted pursuant to

Article 2 (commencing with

Section 5321) of

Chapter 5,

Part 1 of this division may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

section 5762, provides that any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

section 5763, provides that the director, or the commissioner acting under the supervision and direction of the director, in a

summary manner, may disinfect or take such other action, including removal or destruction, with reference to any such public nuisance, which they think is necessary. Existing law, FAC

section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Any expenditures for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance. Existing law, CCR

Section 3591.2, defines the state’s eradication areas for OFF. The existing law obligates the Secretary to investigate and determine the feasibility of controlling or eradicating pests of limited distribution, but establishes discretion with regard to the establishment and maintenance of regulations to achieve this goal. This proposed amendment provides the necessary regulatory authority in the case of a pest’s introduction to prevent the spread of the pest, which is a mandated statutory goal.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS This regulation will benefit the public’s general welfare by providing authority for the State to perform detection, control, and eradication activities against Oriental fruit fly in Butte, Colusa, Humboldt, Imperial, Marin, Merced, Monterey, Napa, Nevada, Placer, San Francisco, Solano, Sonoma, Stanislaus, Sutter, and Yuba counties. By using modeling to determine which counties to add to the eradication areas, the Department increases the chances of being able to act quickly and effectively if an OFF is detected.

The implementation of this regulation will prevent: ● direct damage to the agricultural industry growing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricultural industries ● increased pesticide use by the affected agricultural industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement.

There are no known specific benefits to worker safety or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible regulations addressing OFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradication areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of

section 3591.2 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A Statewide Plant Pest Prevention and Management Program Environmental Impact Report (EIR) was

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1098 prepared by the Department as the lead agency under the California Environmental Quality Act. The EIR addresses the potential impacts and mitigations when implementing the Statewide Plant Pest Prevention and Management Program activities related to Oriental fruit fly. The EIR may be accessed at the following website: http://www.cdfa.ca.gov/plant/peir/. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None.

Cost or savings to any state agency: Compliance activities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for fruit flies, and thus there is no change to the cost due to this regulation. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of

section 3591.2. The adoption of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The amendment of

section 3591.2 will provide authority for the Department to conduct eradication activities against Oriental fruit fly and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The Department does not anticipate that these amendments will affect small businesses.

The cost impacts are expected to be none and minimal/ non–consequential if OFF is detected in one of the counties listed above and as described in the previous section. The Department makes the initial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that this

section 3591.2 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is not expected to have a direct effect on the health and welfare if California residents and (5) is not expected to have a direct impact on the state’s environment. Small business determination: The amendment of

section 3591.2 will provide authority for the Department to conduct eradication activities against Oriental fruit fly and there are no known private sector cost impacts.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to present alternatives during the written comment period.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, proposed actions, location of the rulemaking files, and request for a public hearing may be directed is: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX)

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1099 In his absence, you may contact: Erin Lovig, Senior Environmental Scientist California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Dr, Suite #200 Sacramento, CA 95833 Erin.Lovig@cdfa.ca.gov 916.654.1017 916.651.2900 (FAX) INTERNET ACCESS The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations. html).

Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed at this website. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action. A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named herein. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 11.

DEPARTMENT OF JUSTICE CONTROLLED SUBSTANCE UTILIZATION REVIEW AND EVALUATION SYSTEM (CURES) The Department of Justice (Department) proposes to adopt new sections 822.1 through 822.6, and 824.1 through 824.9; amend sections 820 and 821.1 through 821.6, sections 822.1 through 822.6 (renumbered as 823.1 through 823.6), 823.1 through 823.5 (renumbered as 825.1 through 825.5), 824.1 through 824.6 (renumbered as 826.1 through 826.6), 825.1 through 825.6 (renumbered as 827.1 through 827.6), 826.1 through 826.6 (renumbered as 828.1 through 828.6), 827.1 and 827.2 (renumbered as 829.1 and 829.2), 828.1 through 828.3 (renumbered as 830.1 through 830.3); and repeal sections 821.7 and 822.7 of Title 11, Division 1,

Chapter 8.5 of the California Code of Regulations (CCR) concerning the Controlled Substance Utilization Review and Evaluation System (CURES). PUBLIC HEARING The Department will hold a virtual public hearing to provide all interested persons an opportunity to present statements or arguments, either orally or in writing, with respect to the proposed regulations, as follows: Wednesday, October 20, 2021 from 9:00 a.m. – 1:00 p.m. Online via BlueJeans https://bluejeans.com/254579643/8261 Participant Passcode: 8261 (NOTE: You will be prompted to join via the BlueJeans app if you have it installed.

You may also join via browser without installing the app.) OR Dial: (408) 317–9254 Meeting ID: 254 579 643 The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1100 WRITTEN COMMENT PERIOD Any interested person or their authorized representative may submit written comments relevant to the proposed regulatory action. The written comment period closes on October 19, 2021 at 5:00 p.m. Only written comments received by that time will be considered. Please submit written comments to: California Department of Justice Justice Data and Investigative Services Bureau Attn: Haylee James P.O.

Box 160447 Sacramento, CA 95816–0608 (916) 210–3180 CURESregulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 11165, Health and Safety Code. Reference: Sections 11030, 11165, 11165.1, 11165.3, 11165.4, 11165.6, and 11190, Health and Safety Code; and Sections 208 and 209, Business and Professions Code; and

Section 1798.24, Civil Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: CURES is a database of

Schedule II, III, IV, and V controlled substance prescriptions dispensed in California serving the public health, regulatory oversight agencies, and law enforcement. The purpose of CURES is to reduce prescription drug abuse and diversion without affecting legitimate medical practice or patient care. CURES was first established in 1996 by Assembly Bill (AB) 3042 (Statutes of 1996,

Chapter 738). AB 3042 effectuated a Controlled Substances Prescription Advisory Council recommendation that the Department develop a “technologically sophisticated data monitoring system to collect as much data as is needed and provide easy access to the data collected for educational, law enforcement, regulatory, and research purposes.” CURES was initially a provisional pilot project; the program collected

Schedule II prescription data for law enforcement to identify cases of Diversion. 1 In 2002, AB 2655 (Statutes of 2002,

Chapter 345) extended the pilot and authorized 1 C apitalized terms are defined in existing and proposed CURES regulations in

Chapter 8.5 of the CCR. licensed health care professionals to request CURES data for prescriptions dispensed to their patients. In 2003, Senate Bill (SB) 151 (Statutes of 2003,

Chapter 406) made CURES a permanent program. This bill enacted a number of other significant reforms to state laws governing the prescribing of Controlled Substances, intending to “increase patient access to appropriate pain medication and prevent the diversion of controlled substances for illicit use.” SB 151 replaced the triplicate prescription form requirement for

Schedule II Controlled Substances with a new requirement that these prescriptions be issued on a special form obtained from an approved security printer. This bill also added

Schedule III Controlled Substance data to CURES. In 2006, AB 2986 (Statutes of 2006,

Chapter 286) added

Schedule IV Controlled Substances. In 2013, SB 809 (Statutes of 2013,

Chapter 400) established a funding mechanism for CURES and called for an update of the database. New system features under SB 809 included the ability for a new “streamlined application and approval process” to replace the previous paper–based registration process and for licensees to delegate their authority to initiate a CURES query to an assistant. The bill also required all licensees authorized to prescribe, order, administer, furnish, or dispense substances to register for the system by 2016.

The improved database, which would come to be called “CURES 2.0,” featured a new user interface and the ability to automatically alert prescribers of patterns indicative of at–risk patient behavior. The new CURES 2.0 also allowed prescribers to flag exclusivity compacts, added peer–to–peer communication, and significantly improved user profile management. In 2016, SB 482 (Statutes of 2016,

Chapter 708) enacted the state’s first mandated use of CURES for prescribers. SB 482 required Health Care Practitioners to consult a patient’s history in CURES prior to prescribing them a

Schedule II,

Schedule III, or

Schedule IV Controlled Substance for the first time, and then at least once every four months as long as the prescription continued to be renewed. The bill delayed implementation until six months following a certification by the Department that 1) CURES was ready for statewide use and 2) the program had adequate staff. On April 2, 2018, the Department certified that CURES was ready for statewide use and that there was adequate staffing, User support, and education. Mandatory CURES consultation became effective on October 2, 2018. AB 40 (Statutes of 2017,

Chapter 607) was chaptered in 2017, requiring the Department to facilitate interoperability between Health Information Technology (HIT) Systems and CURES, subject to a memorandum of understanding setting minimum

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1101 security and privacy requirements. The bill intended to help seamlessly integrate the use of CURES into a busy practice setting by allowing for queries to be made within a Health Care Practitioner’s native electronic health record system. AB 1751 (Statutes of 2018,

Chapter 478) required the Department, no later than July 1, 2020, to adopt regulations regarding the access and use of the information within CURES by consulting with stakeholders, and addressing certain processes, purposes, and conditions in the regulations. Specifically, AB 1751 implemented the Health and Safety Code (HSC)

section 11165, subdivision (c)(3) requirement that the Department regulations address, at minimum, the following: ● The process for approving, denying, and disapproving individuals or entities seeking access to information in CURES; ● The purposes for which a Health Care Practitioner may access information in CURES; ● The conditions under which a warrant, subpoena, or court order is required for a Law Enforcement Agency to obtain information from CURES as part of a criminal investigation; and ● The process by which information in CURES may be provided for educational, Peer Review, statistical, or Research Purposes.

AB 1751 also authorized the Department, once final regulations had been issued, to enter into an agreement with any entity operating an interstate data–sharing hub, or any agency operating a prescription drug–monitoring program (PDMP) in another state, for purposes of interstate data sharing of PDMP information.

The bill requires any agreement entered into by the Department for those purposes to ensure that all access to data obtained from CURES and the handling of data contained within CURES comply with California law and meet the same patient privacy, audit, and data security standards employed and required for direct access to CURES. In response to AB 1751, the Department adopted

Chapter 8.5 of the CCR, concerning CURES access and use. These regulations became effective on July 1, 2020. More recently, AB 528 (Statutes of 2019,

Chapter 677), chaptered on October 9, 2019, and codified in HSC 11165, 11165.1, and 11165.4, requires the Department to permit a licensed physician and surgeon who does not hold a Drug Enforcement Agency (DEA) registration certificate to submit an application to obtain approval to electronically access information regarding the controlled substance history of a patient under their care based on data contained in the CURES PDMP, which upon approval, shall be released to the physician and surgeon. Additionally, AB 528 authorizes expanded access to delegates.

These proposed regulations set forth the requirements and procedures surrounding the AB 528 addition of non–DEA licensed physicians and surgeons and the expansion of delegate functionality. They also offer additional clarity to existing requirements. Specifically, these proposed regulations clarify policies, procedures, requirements, and limitations for individuals who are statutorily required or permitted to consult CURES in the course of patient care, who utilize the system in efforts to control the Diversion and Resultant Abuse of

Schedule II,

Schedule III,

Schedule IV, and

Schedule V Controlled Substances, and who wish to obtain access to CURES data for Research Purposes or to review their own CURES data. Effect of the Proposed Rulemaking: The proposed regulations update the requirements and procedures for approving individuals or entities seeking access to CURES information, and the purposes for which a Prescriber, Non– DEA Practitioner, Pharmacist, Delegate, Interstate Prescriber, Interstate Pharmacist, Interstate Non– DEA Practitioner, Regulatory Agency Official, Law Enforcement Official, Bona Fide Researcher, and individual requestor may access and use CURES data.

In addition, the regulations include the procedures and security and privacy requirements necessary to facilitate interoperability between HIT Systems and CURES. Anticipated Benefits of the Proposed Regulations: The Department anticipates that these regulations would benefit the health, welfare, and safety of California residents because they contribute to safe prescribing and dispensing of Controlled Substances and protect the security of the patient information contained within CURES.

By clearly detailing the requirements for access and use for each User type, including Delegates and Non–DEA Practitioners, these regulations would provide increased transparency, empower Users to confidently access the system as a tool to facilitate care and control the Diversion and Resultant Abuse of Controlled Substances, and ensure the information contained in CURES is used only for statutorily–authorized purposes. Furthermore, these regulations would improve researcher access to CURES data to promote informed public policy while maintaining security of the data. Comparable Federal Regulations: HSC 11165(

c) requires that CURES operate in compliance with all applicable federal and state privacy and security laws and regulations. Applicable federal privacy and security regulations are as follows: ● Code of Federal Regulations, Title 45, Parts 160 and 164, governing the protection and

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1102 confidentiality of individuals’ medical records and protecting patients’ privacy rights in their health information. This regulation is consistent with those federal regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing State regulations.

After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern CURES. Documents Incorporated by Reference: 1. Department of Justice (DOJ) Consent for Use of Personal Information from CURES, CURES 0001, orig. 07/2021 (see subdivision (c)(11)(

H) of

section 828.6) 2. DOJ Research Center (DOJRC) Security Variance Form for Data Access Non–Compliance of Security Requirements, DOJRC 0001, orig. 07/2021 (see subdivision (

d) of

section 828.6) 3. DOJRC Researcher Confidentiality and Non– Disclosure (CND) Agreement, DOJRC 0003, orig. 07/2021 (see subdivision (

d) of

section 828.6) 4. DOJRC Researcher Data Access User Agreement, DOJRC 0002, orig. 07/2021 (see subdivision (

d) of

section 828.6) 5. DOJ CURES Information Exchange Web Service Onboarding Questionnaire, CURES 0002, rev. 07/2021 (see subdivision (c)(2) of

section 830.2) 6. DOJ CURES Information Exchange Web Service Overview, rev. 07/2021 (see subdivision (

d) of

section 830.2) 7. Information Practices Act Individual Request Form, CURES 101, rev. 07/2021 (see subdivision (

a) of

section 829.2) 8. Information Practices Act Representative Request Form, CURES 201, rev. 07/2021 (see subdivision (

b) of

section 829.2) Other Statutory Requirements: HSC 11165 requires the Department to consult with all stakeholders identified by the Department during the rulemaking process when promulgating regulations governing CURES. (Health & Saf. Code, § 11165, subdivision (c)(3).) The Department consulted with the Department of Consumer Affairs in drafting these regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department has determined that while not all Prescribers will establish a Delegate, the average cost incurred for a Prescriber to establish a Delegate would range from $36.87–$73.74 per person in reasonable compliance with the proposed action.

The Department has determined that while not all Pharmacists will establish a Delegate, the average cost incurred for a Pharmacist to establish a Delegate would range from $31.71–$63.42 per person in reasonable compliance with the proposed action. The average cost incurred for a Delegate would be $10.09 per person in reasonable compliance with the proposed action. The Department estimates that as few as 55,107 and as many as 110,213 Prescribers and Non–DEA Practitioners would enter into Delegate Agreements, and as few as 11,711 and as many as 23,421 Pharmacists would enter into Delegate Agreements.

For each Prescriber, Non– DEA Practitioner, and Pharmacist who enters into a Delegate Agreement, there would be a corresponding Delegate. If there are a total of 267,268 Users and as many as 133,634 Delegates, the total cost ranges from $747,279–$9,239,156. This cost is a result of the requirement that an Authorizing User and Delegate must enter into a Delegate Agreement prior to authorizing a Delegate to access CURES on behalf of that Authorizing User.

The Department has determined that the cost incurred by each HIT System business to make the changes necessary to comply with the proposed action would range from $1,074–$4,198. Significant effect on housing costs: None. Significant, statewide adverse economic impact directly affecting businesses, including ability to compete: The Department has made an initial determination that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

For each HIT System business that would need to make system updates in order to continue to be connected to the IEWS, the Department anticipates that it would take as few as 20 hours and as many as 76 hours to make the additional changes necessary to meet the Departments’ revised technology requirements. The Department determined that 47.3 percent of HIT Systems impacts would be to small businesses. In order to calculate the low range of costs that could be

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1103 incurred by small business HIT Systems as a result of the regulation, the Department used the low range estimate ($54,500) to determine the total cost to HIT Systems, multiplied that total by 47.3 percent, then divided that total by the estimated number of small businesses (24 Hit Systems ((47.3 percent)) of the 50 HIT Systems). The same formula was applied to the high range of small business HIT Systems and both the low and high range of costs for typical business HIT Systems.

Costs for a small business HIT System are estimated to be $1,074–$1,105. Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal would create or eliminate jobs within the state, (2) unlikely that the proposal would create new businesses or eliminate existing businesses within the state, (3) unlikely that the proposal would result in the expansion of businesses currently doing business within the state.

Benefits of the proposed action: The Department anticipates that these regulations would benefit the health, welfare, and safety of California residents because they contribute to safe prescribing and dispensing of Controlled Substances and protect the security of the patient information contained within CURES.

By clearly detailing the requirements for access and use for each User, these regulations would provide transparency; empower Prescribers, Non–DEA Practitioners, Pharmacists, Delegates, Regulatory Agency Officials, and Law Enforcement Officials to confidently utilize the system as a tool to facilitate care or control the Diversion and Resultant Abuse of Controlled Substances; and ensure the information contained in CURES is used only for statutorily–authorized purposes.

Furthermore, these regulations would improve researcher access to CURES data to promote informed public policy while maintaining security of the data. Business report requirement: None. Small business determination: The Department has determined that this proposed action affects small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department or that has been brought to the attention of the Department would be more effective in carrying out the purpose for which this action is proposed or would be as effective and less burdensome to affected private persons than this proposed action or would be more cost–effective to affected persons and equally effective in implementing the statutory policy or other provision of law.

The Department has determined that these proposed regulations are the most effective way to ensure the safe prescribing and dispensing of Controlled Substances and protect the security of the patient information contained within CURES. CONTACT PERSONS Inquiries concerning this proposed administrative action may be directed to: California Department of Justice Justice Data and Investigative Services Bureau Attn: Haylee James P.O.

Box 160447 Sacramento, CA 95816–0608 (916) 210–3180 CURESregulations@doj.ca.gov Questions regarding procedure, comments, or the substance of this proposed action should be addressed to the above contact person. In the event the contact person is unavailable, inquiries regarding this proposed action may be directed to the following backup contact person: California Department of Justice Justice Data and Investigative Services Bureau Attn: Amber Davidson P.O.

Box 160447 Sacramento, CA 95816–0608 (916) 210–2486 CURESregulations@doj.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Register, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available at the Department’s website at https://oag.ca.gov/jdis/ regs.

Please refer to the contact information listed above to obtain copies of these documents.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1104 AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and relevant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this Notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated, available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s website at https://oag.ca.gov/jdis/regs. Please refer to the contact information listed above to obtain a written copy of the Final Statement of Reasons. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/jdis/ regs. TITLE 14.

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY DIVISION 7: DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

CHAPTER 8.2: ELECTRONIC WASTE RECOVERY AND RECYCLING ARTICLES/SECTIONS:

ARTICLE 1, § 18660.5,

ARTICLE 2, § 18660.10;

ARTICLE 2.2, § 18660.21;

ARTICLE 2.3, § 18660.34. The Department of Resources Recycling and Recovery (CalRecycle) proposes to amend California Code of Regulations (CCR), Title 14, Division 7,

Chapter 8.2 commencing with

Section 18660.5. The proposed regulations establish and clarify requirements related to participating in the Covered Electronic Waste (CEW) Recycling Program as an approved recycler, and CalRecycle’s administrative responsibilities related to recycling payment rates and net cost reporting. CalRecycle intends to adopt the proposed regulations described herein after considering all recommendations, comments, and objections regarding the proposed action. PUBLIC HEARING A public hearing to receive public comments is scheduled for October 21, 2021.

This hearing will be accessible through two formats: an interactive webinar and public webcast. The webcast can be accessed by visiting the following web address: https://video.calepa.ca.gov/#/ Those wishing to make oral comments must first register for the webinar, after which they will receive a confirmation email containing information about joining the webinar hearing.

The registration page can be accessed by visiting the following web address: https://register.gotowebinar.com/ register/4536742622872142864 Stakeholders who wish to make comments orally during the webinar hearing may raise their hand using the webinar functions and make oral comments when called upon. If persons experience technical difficulties during the pre–registration process or during the hearing, persons shall email written comments to ewaste@calrecycle.ca.gov. CalRecycle will read the written comments received during the hearing at ewaste@calrecycle.ca.gov during the webinar.

The webinar hearing will begin at 10 a.m. on October 21, 2021 , and will conclude at 3 p.m. , or after all testimony is given. Any person may present statements or arguments, orally or in writing, with respect to the proposed action. CalRecycle requests that persons making oral comments also submit a written copy of their testimony at the hearing no later than the close of the written comment period on October 25, 2021. If you have any questions, please contact:

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1105 Matt Sheehan Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O. Box 4025, MS #9 Sacramento, CA 95812–4025 Phone: (916) 341–6344 E–mail: ewaste@calrecycle.ca.gov WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit to CalRecycle written comments relevant to the proposed regulations. The written comment period for this rulemaking closes on October 25, 2021. CalRecycle will consider only comments received by CalRecycle by that time.

CalRecycle will also accept verbal comments during the public hearing, as described above. Please submit your written comments to: Matt Sheehan Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O. Box 4025, MS #9 Sacramento, CA 95812–4025 Phone: (916) 341–6344 E–mail: ewaste@calrecycle.ca.gov AUTHORITY AND REFERENCES Public Resources Code Sections (PRC) 42475 provides authority for the proposed regulations. The proposed regulations were previously adopted and readopted under emergency authority established by PRC

Section 42475.2. PRC

Section 42478 mandates CalRecycle to establish a CEW recycling payment

schedule to cover the average net cost for each major category of CEW received, processed, and claimed. The purpose of the proposed action is to implement, interpret, and make specific laws related to the implementation and administration of the CEW Recycling Program. The following is a list of references cited in the proposed regulations: PRC Sections 42463, 42464, 42465.2, 42475(a), 42476, 42477, 42478 and 42479. The following sections of the CCR are being implemented, interpreted, made specific, or repealed:

Article 1, § 18660.5,

Article 2, § 18660.10;

Article 2.2, § 18660.21;

Article 2.3, § 18660.34. INFORMATIVE DIGEST/POLICY STATEMENT The California Integrated Waste Management Act (CIWMA), Public Resources Code (PRC)

Section 40000 et seq., gives the Department of Resources Recycling and Recovery (CalRecycle) authority to provide for the protection of public health, safety, and the environment through waste prevention, waste diversion, and safe waste processing and disposal. PRC

Section 40502(

a) requires CalRecycle to adopt rules and regulations to implement the CIWMA, and PRC

Section 42475(

b) provides authority to CalRecycle to adopt regulations necessary to implement the covered electronic waste (CEW) recycling program (CEW Recycling Program). The Electronic Waste Recycling Act of 2003 (PRC

Section 42460, et seq.) established a funding mechanism to provide for convenient collection opportunities and waste processing capabilities for certain electronic products discarded in California. Covered electronic devices (CEDs) include video display devices with screen sizes greater than four inches that have been determined by the Department of Toxic Substance Control (DTSC) to be hazardous when discarded. When CEDs are discarded, they become CEW. Under the CEW Recycling Program, approved collectors document the recovery of the CEW before transferring that material to an approved recycler.

Approved recyclers receive and dismantle (or “cancel”) the CEW, compliantly manage derived residuals, and subsequently submit claims for payment. CalRecycle pays approved recyclers the Standard Statewide Combined Recovery and Recycling Payment Rate for the weight of CEW cancelled and claimed, which includes a component for recovery costs and a component for recycling costs. Each year, approved recyclers are required to report the costs and revenues associated with processing CEW. Historically, the majority of the CEW material entering into the payment system has been CRTs.

CRTs remain the predominant waste stream, but non–CRT volumes are increasingly becoming a more significant portion of the stream. Non–CRT CEW volumes have grown from approximately 1% of the total CEW volume by weight (2.2 million pounds) in 2011 to 41% (30 million pounds) in 2020. The management of non–CRT CEW poses numerous challenges to the recycling industry. Non–CRTs are more difficult to dismantle because they require a longer processing time and often have less intrinsic material value than CRTs.

In addition, they contain residuals that: (1) are fully regulated hazardous waste, entailing high disposal costs (e.g., plasma panels); or (2) require special handling (e.g., fluorescent lamps). As non–CRTs are lighter and CEW recycling

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1106 payments are weight based, recyclers are paid less for these devices although they are more costly to manage. In March 2018, CalRecycle filed emergency regulations to address the issues identified above.

These regulations provided a structure for pursuing multiple CEW recycling payment rates by splitting the CEW recycling payment rate to allow for multiple recycling payment rates (Differential Payment Structure): one payment rate for CRT CEW and another payment rate for non–CRT CEW (See Exhibit One for Office of Administrative Law Notice of Approval for File No. 2018–0502–04E). The emergency regulations were readopted in March 2020 (See Exhibit Two for Office of Administrative Law Notice of Approval for File No. 2020–0318–04EE). CalRecycle seeks to make final the existing regulations with no substantial changes.

Prior to the adoption of the Differential Payment Structure regulations, CalRecycle regulations: required payment to recyclers based on a single payment rate for both CRT CEW and non–CRT CEW (CCR,

section 18660.34); did not require recyclers to differentiate between CRT CEW and non–CRT CEW in net cost reports (CCR,

section 18660.10); and required recyclers to maintain records regarding net costs for handling all CEW, without specific information regarding net costs to manage CRT CEW separately from non–CRT CEW.

The language of the existing regulations, proposed for finalization, differs from the previously adopted Differential Payment Structure emergency regulations due to unrelated file and print Payment Rate regulations, which changed the payment rate Following the adoption of the Differential Payment Structure regulations, CalRecycle filed a file and print regulations package to change the payment rate for non–CRT CEW (Payment Rate) in 2018 (see OAL File No. 2018–0523–01) and again in 2020 (see OAL File No. 2020–0527–02) (“Payment Rate”).

The Differential Payment Structure and the Payment Rate regulations concern one overlapping

section – California Code of Regulations (CCR)

Section 18660.34. Upon readoption, the Differential Payment Structure will remain the same as in the previously adopted regulations, meeting the requirement in Government Code

Section 11346.1(h). In addition, CalRecycle intends to fix three non– substantial grammatical errors. The Request for Approval to initiate the permanent rulemaking process, executed May 5, 2021, by CalRecycle’s director, Rachel Machi Wagoner, is included as Exhibit Three. Policy Statement Overview and Benefits (Gov. Code

Section 11346.5 (a)(3)(C)) The objective of the proposed regulations is to establish the regulatory structure necessary to accommodate a differential payment rate for non– CRT CEW. The proposed regulations split the existing CEW recycling payment rate into separate payment rates for CRT CEW and non–CRT CEW. The proposed rules benefit approved recyclers by creating a payment rate structure that reflects the different net costs associated with processing CRT CEW and non– CRT CEW. This enables approved recyclers to receive an adequate payment rate for recycling non–CRT CEW.

In addition, the proposed regulations benefit the health and welfare of the residents of California by allowing for convenient and safe electronic waste collection activities. A separate payment rate for non–CRT reduces the likelihood of illegal disposal of hazardous materials because a recycler won’t have to charge consumers an additional disposal fee to remain profitable. Benefits of the Proposed Regulations CalRecycle has the statutory authority pursuant to PRC

Section 42478 to establish a recycling payment

schedule to cover the average net cost to receive, process, and recycle each major category of CEW. At the inception of the CEW Recycling Program, CalRecycle adopted regulations that included one single recycling payment rate for all CEW. Net Cost Reports, required pursuant to CCR Title 14,

Section 18660.10, are intended to describe the costs and revenues associated with the handling of CEW within the scope of the CEW Recycling Program. CalRecycle conducted targeted outreach in 2017 to recyclers that processed non–CRT CEW to learn more about their operations and the costs and revenues associated with processing non–CRT CEW. At the time, only a portion of CA recyclers were processing non–CRT material due to the cost reasons listed previously. Thirteen CRT recyclers and seven non– CRT recyclers provided CalRecycle split cost and revenue reports in 2017 on a voluntary basis.

The report data confirmed CalRecycle’s expectation that CEW recyclers required a larger payment rate for the processing of non–CRT CEW to remain viable as CRT CEW volumes diminished. In order to accomplish higher payment rates for non–CRT processing, a regulatory structure was needed, allowing for multiple payment rates. In 2018, CalRecycle split the single CEW recycling payment rate to allow for one payment rate for CRT CEW and another payment rate for non–CRT CEW.

The payment rates were revised through a separate file and print package, to reflect differential values for CRT and non–CRT CEW, effective July 1, 2018. Splitting the payment rate allowed CalRecycle to assess the Net Cost of processing CRT and non– CRT devices separately. Since the 2018 net cost reporting cycle, separate CRT and non–CRT CEW cost calculations were required. The results of those reports clearly show that the net cost to process non–

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1107 CRT CEW is significantly higher than CRT CEW. For additional information, please see the Net Cost data table provided on page four of the Initial Statement of Reasons. Since the bifurcated rate was established, CalRecycle has taken advantage of this opportunity by setting a higher payment rate for non–CRT CEW. The payment rates were revised to their current values, through a second file and print package, effective July 1, 2020.

For additional information, please see the CEW fee data table provided on page five of the Initial Statement of Reasons. Since CalRecycle instituted the bifurcated rate, the CEW Recycling Program has seen a net gain in the number of approved recyclers that process non–CRT devices from thirteen in 2018 to eighteen in 2020. PLAIN ENGLISH REQUIREMENTS CalRecycle prepared the proposed regulations pursuant to the standard of clarity provided in Government Code

Section 11349 and the plain English requirements set forth in Government Code Sections 11342.580 and 11346.2(a)(1). CalRecycle considers the proposed regulations non–technical and drafted to be easily understood by those parties that will use them. FEDERAL LAW OR REGULATIONS MANDATE (Gov. Code

Section 11346.5 (a)(3)(B)) CalRecycle has determined that the proposed regulations do not significantly differ from federal law because there are no existing comparable federal statutes or regulations in this subject area. CONSISTENCY WITH STATE REGULATIONS (Gov. Code

Section 11346.5 (a)(3)(D)) Pursuant to Government Code

Section 11346.5(a)(3)(D), CalRecycle performed a search of existing state regulations and finds that this emergency rulemaking is not inconsistent or incompatible with existing state regulations. OTHER MATTERS SPECIFIC TO CALRECYCLE (Gov. Code

Section 11346.5 (a)(4)) CalRecycle has determined that no other matters, as prescribed by statute, need to be addressed. MANDATES ON LOCAL AGENCIES AND SCHOOL DISTRICTS (Gov. Code

Section 11346.5 (a)(5)) CalRecycle has determined that adoption of these regulations will create no new local mandates. ESTIMATES OF POTENTIAL COSTS OR SAVINGS (Gov. Code

Section 11346.5 (a)(6)) Cost or Savings to Any State Agency CalRecycle has determined that adoption of these regulations will have indeterminable costs to state agencies. It is anticipated that CalRecycle will absorb all of the costs. Local Agencies or School Districts Subject to Reimbursement CalRecycle has determined that adoption of these regulations will not impose a local mandate or result in costs subject to reimbursement pursuant to Government Code

Section 17500 et seq ., or other non–discretionary costs or savings to local agencies or school districts. Non–Discretionary Cost or Savings Imposed Upon Local Agencies CalRecycle has determined that there are no non– discretionary costs or savings imposed upon any local agencies. Cost or Savings in Federal Funding to the State CalRecycle has determined that adoption of these regulations will have no impact on costs or savings in federal funding to the State. Significant effect on housing costs None.

ECONOMIC IMPACT STATEMENT Estimated Private Sector Cost Impacts CalRecycle is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action (Government Code

section 11346.5(a)(9)). There are no new or separate costs incurred to participate in or comply with the Covered Electronic Waste (CEW) Recycling Program. The CEW Recycling Program is a cost relief program established pursuant to the Electronic Waste Recycling Act of 2003. Its intent is to offset cost for the otherwise compliant management of certain electronic wastes. The proposed regulations split the single CEW recycling payment rate into separate payment rates for CRT CEW and non–CRT CEW. The proposed regulations establish the regulatory structure necessary to accommodate a differential payment rate

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1108 for non–CRT CEW. This allows recyclers to receive an increased payment for processing/recycling non–CRT CEW given that the net cost of processing/recycling is higher for non–CRT CEW than CRT CEW. The related emergency regulations that impacted approved recyclers were approved and became effective in May of 2018. These emergency regulations were readopted in May of 2020 and expire in May of 2022. The requirements of the proposed regulations that are now being finalized are no more burdensome than the emergency regulations already in effect.

In effect, the requirements of the proposed regulations benefit the impacted businesses. Creation or Elimination of Businesses within the State of California (Gov. Code.

Section 11346.5(a)(10)) The requirements and options in the regulations will not create or eliminate businesses within the State of California. The proposed regulations split the original payment rate for CEW into separate rates for CRT and non–CRT CEW. However, the rules do not create new and separate material management standards. The related emergency regulations that impacted approved recyclers were approved and became effective in May 2018. They were readopted in May 2020 and expire in May 2022.

The change in regulatory structure enabled CalRecycle to pursue different payments and, as such, significantly increase the payment rate for non–CRT CEW. This has resulted in a net gain in the number of approved recyclers that process and claim non–CRT CEW for payment from thirteen in 2018 to eighteen in 2020. Creation or Elimination of Jobs within the State of California (Gov. Code.

Section 11346.5(a)(10)) The requirements and options in the regulations will not create or eliminate jobs within the State of California. The proposed regulations split the single CEW recycling payment rate into separate payment rates for CRT CEW and non–CRT CEW pursuant to the Electronic Waste Recycling Act of 2003. However, the rules do not create new and separate material management standards. Splitting the single rate into multiple rates has allowed additional recyclers to begin profitably processing non–CRT CEW.

This has resulted in a net gain of recyclers that process and claim non–CRT CEW for payment from thirteen in 2018 to eighteen in 2020. These recyclers were not new to the CEW Recycling Program, as they were already approved recyclers processing CRT material. Since the volume of CRT processed by recyclers is decreasing annually due to depletion of legacy material, CalRecycle has no way of knowing if the five new non–CRT recyclers hired additional employees or shifted the duties of existing employees that were processing CRTs. Creation of New Businesses or Elimination of Existing Businesses within California (Gov.

Code.

Section 11346.5(a)(10)) The requirements and options in the regulations will not create or eliminate businesses within the State of California. The proposed regulations split the original payment rate for CEW into separate rates for CRT and non–CRT CEW. However, the rules do not create new and separate material management standards. The related emergency regulations that impacted approved recyclers were approved and became effective in May 2018. They were readopted in May 2020 and expire in May 2022.

The change in regulatory structure enabled CalRecycle to pursue different payments and, as such, significantly increase the payment rate for non–CRT CEW. This has resulted in a net gain of recyclers that process and claim non–CRT CEW for payment from thirteen in 2018 to eighteen in 2020. Expansion of Businesses Doing Business within the State (Gov. Code.

Section 11346.5(a)(10)) There are currently twenty approved recyclers in the CEW Recycling Program. Approved recyclers must apply to participate by submitting certain documents that demonstrate eligibility. Subsequently, approved recyclers conduct and document CEW recycling activities. Approved recyclers submit payment claims to CalRecycle. Since the recycling rate was split into two rates, there has been a net gain in the number of approved recyclers that process and claim non–CRT CEW for payment from thirteen in 2018 to eighteen in 2020. Benefits to the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment (Gov. Code.

Section 11346.5(a)(10)) The proposed regulations benefit the health and welfare of the residents of California by allowing for convenient and safe electronic waste collection activities. A separate payment rate for non–CRT reduces the likelihood of illegal disposal of hazardous materials because a recycler won’t have to charge consumers an additional disposal fee to remain profitable. CalRecyle has determined that this regulatory proposal will not affect worker’s safety and the state’s environment. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Gov. Code.

Sections 11346.3(a), 11346.5(a)(7–8)) CalRecycle has determined that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. CalRecycle is not aware of any cost impacts that a representative

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1109 private person or business would necessarily incur in reasonable compliance with the proposed action. There are no new or separate costs incurred to participate in or comply with the CEW Recycling Program. The CEW Recycling Program is a cost relief program established pursuant to the Electronic Waste Recycling Act of 2003. Its intent is to offset cost for the otherwise compliant management of certain electronic wastes. Existing regulations already required recyclers to provide a combined report for all CEW processed. Business Report (Gov. Code.

Section 11346.5(a)(11)) The regulations require recyclers to provide a report regarding net costs to manage both CRT CEW and non–CRT CEW. Previously, recyclers were required to provide a report for all CEW combined, without separating costs into CRT and non–CRT CEW. The report requirement applies to businesses that are approved recyclers in the CEW Recycling Program. It is necessary for the health, safety, and welfare of the people of the state that the regulations and reporting requirements apply to businesses. Small Business (1 CCR 4(a–b)) The majority of potentially affected businesses are small businesses.

Only approved recyclers would be directly affected by these rules, and approximately 90 percent of these are small businesses. CONSIDERATION OF ALTERNATIVES Alternatives to the proposed rules have been considered. CalRecycle conducted targeted outreach in 2017 to recyclers that process non–CRT CEW to learn more about non–CRT operations. After drafting emergency regulations, CalRecycle solicited comments on the draft proposed regulatory text at a 2018 workshop. Stakeholders supported the proposed action and were looking forward to the actual determination of the payment rates.

CalRecycle primarily uses net cost data to set the Standard Statewide Combined Recovery and Recycling Payment Rates. Net Cost Reports, required pursuant to Title 14 of California Code of Regulations,

section 18660.10, are intended to describe the costs and revenues associated with the handling of CEW within the scope of the CEW Recycling Program. Thirteen CRT recyclers and seven non–CRT recyclers provided CalRecycle split cost reports in 2017 on a voluntary basis. Since the 2018 net cost reporting cycle, separate CRT and non–CRT cost calculations were required. In terms of reported numbers, CalRecycle has continued to see a significant difference in the cost per pound to process CRT and non–CRT CEW.

Based on the weighted average of all recyclers in the CEW Recycling Program, the net cost to recycle CRT in 2019 was 27.7 cents per pound, while the net cost to recycle non–CRT in 2019 was 40.6 cents per pound. CalRecycle considered three alternatives to the proposed rules: adding multiple rates for non–CRT CEW; having a per unit rate structure rather than a per pound rate structure; or continuing on with no changes (keep the single payment rate). A per unit weight structure may work in the future as materials become lighter, but recyclers are still processing heavy legacy material.

CalRecycle does not believe that it currently makes sense to pay the same recycling rate on a small non–CRT device such as a tablet and large, heavy devices such as plasma or CRT televisions. The latter devices can weigh over 100 pounds, take up more storage space and can require multiple employees or specialized equipment to unload them from trucks and to move them to storage areas and dismantling tables. They also produce greater volumes of hazardous residuals which adds additional disposal costs.

Having multiple rates for non–CRT devices would have added the burden of requiring recyclers to calculate the costs and revenues of additional non– CRT waste streams in the annual Net Cost Reports. This approach may have been effective, but it is not cost–effective and too burdensome on the recyclers. It should be noted that no stakeholder has supported this option at any of CalRecycle’s previous workshops or public hearings. Continuing with no changes would have negatively affected recyclers participating in the CEW Recycling Program.

As stated in the Problem Statement, non– CRTs are more difficult to dismantle and require longer processing times than CRT devices. Non– CRTs also have less intrinsic material value than CRTs due to miniaturization (for e.g., the circuit boards are smaller and hence contain fewer precious metals). In addition, they contain residuals that are fully regulated hazardous waste that entail high disposal costs (e.g., plasma panels) or that require special handling (e.g., fluorescent lamps).

As non–CRTs are lighter and CEW recycling payments are weight–based, recyclers are paid less for these devices even though they are more costly to manage. Hence, the single recycling payment rate that CalRecycle established at the inception of the CEW Recycling Program proved to be insufficient for non–CRTs.

CalRecycle determined that: (1) no alternative would be more effective in carrying out the purpose for which the action is proposed; (2) no alternative would be as effective and less burdensome to affected private persons, while at the same time protecting human health, safety, and the environment, and the integrity of public funds; and (3) no alternative would be more cost–effective to affected private persons and

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1110 equally effective in implementing the statutory policy or other provisions of law. CONTACT PERSONS Inquiries concerning the proposed action may be directed to: Matt Sheehan Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812–4025 Phone: (916) 341–6344 E–mail: ewaste@calrecycle.ca.gov The back–up contact person to whom inquiries concerning the proposed action may be directed: Ana–Maria Stoian–Chu Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812–4025 Phone: (916) 323–2872 FAX: (916) 319–7609 E–mail: ewaste@calrecycle.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CalRecycle will have the entire rulemaking file, the express terms of the proposed regulations, and all information that provides the basis for the proposed action, available for inspection and copying throughout the rulemaking process at the address provided above and on the Structure for Pursuing Multiple Covered Electronic Waste Recycling Payment Rates webpage .

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the text of the proposed regulations, the Initial Statement of Reasons (ISOR), the documents relied upon for the proposed action, and the economic and fiscal impact statement. Copies may be obtained by contacting Matt Sheehan at the address, e–mail, or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT CalRecycle may adopt the proposed regulations substantially as described in this Notice after holding the hearing and considering all timely and relevant comments.

If CalRecycle makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least fifteen (15) days before CalRecycle adopts the regulations as revised. Requests for the modified text should be made to the contact person named above. CalRecycle will transmit any modified text to all persons who testify at the public webinar hearing, all persons whose comments are received during the comment period, and all persons who request notification of the availability of such changes.

CalRecycle will accept written comments on the modified regulations for fifteen (15) days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS The Final Statement of Reasons (FSOR) will be available at the webpage listed herein, or you may contact the individuals listed above.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website titled “Structure for Pursuing Multiple Covered Electronic Waste Recycling Payment Rates” at https://www.calrecycle.ca.gov/laws/rulemaking/ paymentrates. TITLE 16. BOARD OF PHARMACY ADDRESS CHANGE NOTIFICATION NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) proposes taking the rulemaking action described below under the heading Informative Digest/Policy Statement Overview.

Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by October 18, 2021. The board has not scheduled a public hearing on this proposed action. The board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1111 The board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal 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 proposal or who have requested notification of any changes to the proposal. Authority and Reference :

Section 4005 of the Business and Professions Code (BPC) authorizes the board to adopt this regulation. The proposed regulation implements, interprets, and makes specific sections 4003, 4013, and 4100 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board is a state agency vested with the authority to regulate the pharmacy industry, including pharmacies, hospital pharmacies, clinics, wholesalers, third–party logistics providers, and outsourcing facilities. The board’s mandate and its mission is to protect the public (BPC § 4001.1).

Existing pharmacy law requires a licensed facility to join the board’s email notification list within 60 days of obtaining a license or at the time of license renewal and to update its email address with the board’s notification list within 30 days of a change in the facility’s email address (BPC § 4013).

Additionally, existing pharmacy law requires that each pharmacist, intern pharmacist, pharmacy technician, designated representative, and designated representative–3PL licensed in California to join the board’s email notification list within 60 days of obtaining a license or at the time of license renewal and to update their mail address with the board’s notification list within 30 days of a change in the licensee’s email address. This notification list is an automated listserv.

The primary purpose of the listserv is to send licensees, and other interested parties who provide an email address, automated mass email alerts regarding general board information such as meetings, notices, important information, and product recalls. As it is a listserv generating automated emails, the board does not have direct access to obtain specific licensee email addresses for the purpose of direct communication to the licensee via email.

This proposal will require that each applicant and person holding a certificate, license, permit, registration or exemption to practice, who has an electronic mail (email) address, provide the board with the email address and maintain a current email address, if any. Additionally, the proposal will require the individual to notify the board of any change in their email address within 30 days of the change. This requirement is consistent with the 30–day address change notification in subdivision (

a) as well as BPC 4013. The board determined that communication through email is an efficient way to communicate with applicants and licensees regarding both application status and license status. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The proposed regulatory action will continue to provide consumer protection per the board’s mandates, which affects the protection of public health and safety. This means the pharmacy’s license to practice is not affected, or discontinued because of the lack of communication, or mail getting lost. Ultimately, this benefits the health and welfare of California residents.

By requiring applicants and licensees to provide and maintain their electronic mail address with the board, the board can email application deficiency notices, renewal notices, and renewal deficiency notices to applicants and licensees. This will eliminate postal delays and reduce the possibility of notices being lost in the mail or misdelivered. If an applicant or licensee does not have an electronic mail address, the applicant and licensee would not have to provide one to the board.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS While developing these regulations and amendments, the board conducted a search of similar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. As noted above, these amendments make state law more consistent with federal law.

FISCAL IMPACT AND RELATED ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board estimates 120 email address changes will be processed by an Office Technician per year at cost of $1.80 per update (five minutes of workload) with total costs of $220 per year. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1112 Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The board has determined that the proposed regulatory action will have no significant statewide adverse economic impact directly affecting businesses and/or employees. This initial determination is based on the absence of testimony to that effect during the development of the proposed regulation, which occurred over several months in numerous board and committee meetings.

The board determined that electronic mail addresses are often free to obtain from numerous online companies and providing the electronic mail address to the board is as simple as writing it on an application when applying for a license or submitting a renewal application. Additionally, most applicants and licensees already provide an email address to the board as it is an effective method of communication.

Cost Impact on Representative Private Person or Business: The board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with proposed action. Effect on Housing Costs: None. Effect on Small Business: While the board does not have nor does it maintain data to determine if any of its licensees (pharmacies and clinics) are a “small business,” as defined in Government Code

section 11342.610, the board has made an initial determination that the proposed regulatory action will not have a significant adverse economic impact directly affecting small businesses. The board determined that electronic mail addresses are often “free” to obtain from numerous online companies and providing the electronic mail address to the board is as simple as writing it on an application when applying for a license or submitting a renewal application. Additionally, most applicants and licensees already provide an email address to the board as it is an effective method of communication.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: For the reasons listed above, the Board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses within California; (4) this proposal will not eliminate existing businesses within California; (5) this proposal will not expand businesses currently doing business in the State of California. Benefits of Regulation: The regulatory proposal would ensure continued consumer protection per the board’s mandate.

This means the pharmacy’s license to practice is not affected, or discontinued because of the lack of communication, or mail getting lost. Ultimately, this benefits the health and welfare of California residents. The Board determined that this proposed regulatory action will not impact worker’s safety, or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alternative that it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or arguments in writing relevant to the above determinations at the address listed for the Contact Person during the written comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an Initial Statement of Reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regulations, and any document incorporated by reference, and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Ste. 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1113 AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3078 Fax Number: (916) 574–8618 E–Mail Address: Lori.Martinez@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3090 Fax Number: (916) 574–8618 E–Mail Address: Debbie.Damoth@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the Board of Pharmacy’s website: https://www.pharmacy. ca.gov/laws_regs/pending_regs.shtml.

TITLE 19. DEPARTMENT OF FORESTRY AND FIRE PROTECTION/ OFFICE OF THE STATE FIRE MARSHAL DIVISION 1. STATE FIRE MARSHAL

CHAPTER 14. HAZARDOUS LIQUID PIPELINE SAFETY

ARTICLE 3. FEES

SECTION 2040 PIPELINE SAFETY — INTRASTATE FEES NOTICE IS HEREBY GIVEN pursuant to Government Code,

section 11346.6 that the California Department of Forestry and Fire Protection – Office of the State Fire Marshal (“OSFM”, “SFM”) proposes to adopt regulations implementing Title 19, Division 1,

Chapter 14 of the California Code of Regulations, related to the fees assessed on intrastate hazardous liquid pipeline operators. The fees fund the OSFM — Pipeline Safety Division, which is responsible for inspecting pipelines and pipeline operators for compliance with the Elder California Pipeline Safety Act, Government Code §51010 et seq. WRITTEN COMMENT PERIOD The OSFM will accept written comments regarding the proposed regulatory action for 45 days beginning September 3, 2021 through October 18, 2021 .

All written comments received on October 18, 2021 will be considered and responded to as part of the compilation of the rulemaking file and are subject to disclosure under the Public Records Act (Gov. Code § 6250, et seq.). Written comments may be submitted to the OSFM via: ● Email: diane.arend@fire.ca.gov (Include in the subject line of the email “Comment: Pipeline Safety — Intrastate Fees) ● Mail To: (US postmarked no later than October 18, 2021): CAL FIRE/Office of the State Fire Marshal P.O.

Box 944246 Sacramento, CA 94244–2460 Attn: Diane Arend, Code Development & Analysis ● Hand–delivered between 8:00 a.m. and 5:00 p.m. (PDT) to: CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, Fourth Floor Sacramento, California 95815 Attn: Diane Arend, Code Development & Analysis Pursuant to Government Code §11346.9, the SFM shall respond to comments submitted during the comment period containing objections and/or recommendations specifically directed at the SFM’s proposed action or to the procedures followed by the agency in proposing or adopting the action.

PUBLIC HEARING The State Fire Marshal has not scheduled a public hearing on this proposed action. However, the SFM will hold a public hearing if a written request is received from any interested party or their authorized representative no later than 15 days before the end of the 45–day comment period, pursuant to Government Code

Section 11346.8.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1114 If a public hearing is held, the SFM will provide notice of the hearing in accordance with the requirements of Gov. Code

sec. 11346.8(a), in addition to posting the information on our website. AUTHORITY AND REFERENCE Authority cited: Sections 51015.1, 51019 and 51019.05, Government Code. Reference: Sections 51010, 51013.1, 51013.5, 51014.5, 51015.1, 51019, 51019.1 and 51019.05, Government Code. Government code sections 51015.1, 51019, and 51019.05 allow the SFM to assess fees to pay for expanded inspection and jurisdictional requirements mandated through legislation. The proposed regulations implement, interpret, and make specific Government Code sections 51015.1, 51019, and 51019.05.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The regulations proposed in this rulemaking action implement, interpret, clarify, and/or make specific Government code sections 51015.1, 51019, and 51019.05. Specifically, this rulemaking action will increase the amount of fees collected from hazardous liquid pipeline operators. The fees collected support the SFM’s inspection program ensuring compliance and safety in pipeline operations. The pipeline fees have not been adjusted since 2007 and the program has seen additional inspection requirements delegated by the legislature.

Due to the passage of time and the increased responsibilities placed on the SFM, a fee increase is necessary to continue funding the program. This rulemaking action proposes amendments to the existing fee structure found in

section 2040 under the California Code of Regulations Title 19, Division 1,

Chapter 14 for intrastate pipelines. The SFM proposed regulations will increase two components of the fee schedule, a flat pipeline operator fee and a per–mile pipeline fee. The pipeline operator fee is assessed to all operators at a flat rate per year. Each operator must also pay a per mile fee that varies depending on how many miles of pipeline operated.

Summary of Existing Laws: Current law in Government Code §§ 51015.1, 51019, and 51019.05 requires pipeline operators to contribute a flat fee of $6000 per year and an additional $550 per mile of pipe operated. The fees collected fund the program, cover staff and office costs, and allow the SFM to fulfill statutorily mandated inspections and investigations, among other requirements. The existing fee structure is insufficient to fund the program under existing obligations, and recently mandated inspection requirements delegated by the Legislature.

Summary of Existing Regulations: Existing regulations and fee structure found in

section 2040, California Code of Regulations, Title 19, Division 1,

Chapter 14, require a charge per mile of intrastate pipelines operated and a flat fee for pipeline operators. The regulatory amendments proposed in this rulemaking action would make increases to the fee structure to facilitate the continued fulfillment of the SFM’s pipeline inspection program and place the program on sound financial footing for the foreseeable future. Absent a fee increase, the SFM pipeline inspection program could run out of funding as early as fiscal year 2022. At a minimum, the lack of funding could seriously impact the SFM’s ability to conduct inspections and ensure safety compliance by hazardous liquid pipeline operators.

Summary of Effect: The proposed regulations will require pipeline operators to contribute a flat fee of $10,000 in 2022 and an additional $1,280 per mile of pipe operated. The fee will then increase again with a flat fee of $12,000 and an additional $1,400 per mile of pipe operated. These fees will allow operators to effectively plan for increases over time and appropriately fund the SFM pipeline program.

Objective and Anticipated Benefits of the Proposed Regulation: The broad objective of the proposed fee changes in this rulemaking action are intended to ensure the SFM can properly execute inspection and investigatory obligations directed at preventing and limiting the severity of hazardous liquid pipeline spills. The specific benefit anticipated from the regulation are that the fees generated, benefit the public health and welfare of California residents, worker safety, and the environment by diminishing the number and severity of pipeline failures.

Further protections extend to the protection of the environment and the use and enjoyment citizens obtain from reduced or eliminated hazardous liquid spills. The regulated community also benefits through the SFM inspection program by identifying potential issues and correcting them before an incident occurs. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The SFM conducted a review for any related state regulation that addresses the subject matter within the scope of the proposed regulations.

The SFM determined that the proposed action does not duplicate or conflict with any existing state regulations and are not inconsistent or incompatible with existing law.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1115 Comparable Federal Regulations or Statutes: The SFM reviewed and determined that the proposed action does not duplicate or conflict with any existing federal regulations or statutes. No comparable federal regulation or statutes exist. DOCUMENTS INCORPORATED BY REFERENCE Not applicable. There are no documents incorporated for this rulemaking action.

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 applicable to the SFM, or to any specific regulation or class of regulations. There are no other matters to identify. DISCLOSURES REGARDING THE PROPSED ACTION The SFM 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 statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other States: None. 7. Significant effect on housing costs: None.

COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The SFM does not believe impacts would be incurred by a private person in compliance with the proposed regulation. However, a small portion of pipeline operators have responded that any increase to regulatory fees will impact costs. This impact is not considered to be substantial. Those operators have also indicated that the costs will either be absorbed, passed on to consumers, or addressed through existing contracts. Ultimately the responses received indicated that current SFM fees amount to between .5% and 5% of their annual costs.

The proposed rulemaking uses a phased in approach of fees over several years to allow businesses to adapt. DECLARATION OF EVIDENCE The SFM conducted a survey on the economic and fiscal impact to the operators of intrastate hazardous liquid pipelines that incur by this rulemaking. The SFM has not relied on any other facts, evidence, documents, or testimony to make its initial determination of no statewide adverse economic impact. EFFECT ON SMALL BUSINESS Government Code §11342.610(b)(9) excludes pipelines from the definition of a small business.

However, the SFM conducted additional analysis of small business impacts for thoroughness. The proposed regulations incorporate a phased approach to implementation allowing the entire regulated community time to adapt to increased fees and incorporate those additional costs into their business models regardless of size. The SFM has not identified any alternative that would lessen any adverse impact, if any, on small businesses. BUSINESS REPORT The proposed regulations do not create any reporting requirements.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The SFM concludes that it is (1) unlikely that the proposed regulations will eliminate any jobs, (2) unlikely that the proposed regulations will create jobs, (3) unlikely that the proposed regulations will create new businesses, (4) unlikely that the proposed regulations will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.

BENEFITS TO HEALTH AND WELFARE, WORKER SAFETY, AND THE ENVIRONMENT The SFM anticipates that the regulations will benefit the public health and welfare of California residents, enhance public safety, and benefit the environment by protecting California’s vital natural resources and wildlife, and reducing the risk of future pipeline accidents/spills.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1116 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the 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 persons than the proposed action described in this Notice, or would be more cost– effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The SFM considered reasonable alternatives to the proposed action and determined that no reasonable alternative would be more effective in carrying out the purpose for which the action is proposed or would be as effective as, and less burdensome to affected private persons and small businesses than the proposed action. This conclusion is based on the SFM’s determination that the proposed action is necessary to implement legislative enactments expanding the SFM’s regulatory authority.

The SFM invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries or specific questions concerning the proposed rulemaking action may be directed to the following contact persons: General Inquiries: Diane Arend, Supervising DSFM Regulations Coordinator CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, Suite 400 Sacramento, CA 95815 diane.arend@fire.ca.gov 916–568–2917 Substantive or technical questions: Doug Allen, Supervising Pipeline Safety Engineer CAL FIRE/Office of the State Fire Marshal Pipeline Safety Division 2180 Harvard Street, Suite 200 Sacramento, CA 95815 doug.allen@fire.ca.gov 916–263–6301 or Josh Cleaver, Legal Joshua.cleaver@fire.ca.gov 916–207–6874 Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to the contact person(s).

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The SFM will have the entire rulemaking file avail- able for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the California Regulatory Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons and any documents relied upon. Copies may be obtained through the contact persons at the address and/or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding a public hearing, if requested, and considering all timely and relevant comments received by the SFM, the SFM may adopt the proposed regulations substantially as described in this notice. If the SFM makes modifications that are sufficiently related to the originally proposed text, the SFM will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the SFM adopts the regulations as revised. Please send requests for copies of any modified regulations to the contact person.

The SFM will accept written comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1117 A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons 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 the Proposed Rulemaking, Initial Statement of Reasons, the text of the regulations, and related documents concerning this rulemaking can be accessed on the Office of the State Fire Marshal Website at: https://osfm.fire. ca.gov/divisions/code–development–and–analysis/ title–19–development/. PLAIN ENGLISH DETERMINATION The proposed regulations were prepared pursuant to the standard of clarity provided in Government Code

section 11349 and the plain English requirement of Government Code §§ 11342.580 and 11346.2(a)(1). The proposed regulations were written to be easily understood by the parties that will use them. TITLE 24. BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL NOTICE OF 45–DAY PUBLIC COMMENT FOR PROPOSED ACTION TO BUILDING STANDARDS OF THE STATE FIRE MARSHAL REGARDING THE 2022 CALIFORNIA ADMINISTRATIVE CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 1 (SFM 03/21) Note to agencies: The laws associated with the instructions in this form are found primarily in Government Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not remove the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of State Fire Marshal (SFM) proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), Title 24,

Part 1. The SFM is proposing building standards related to 2021 Triennial rulemaking code cycle. 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 September 3, 2021, until midnight on October 18, 2021. Comments may be submitted to CBSC via: e–Comment form: dgs.ca.gov/BSC/e–comments U.S. Mail postmarked no later than October 18, 2021: California Building Standards Commission Michael Nearman, Deputy Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible format will be viewable via CBSC’s website: dgs. ca.gov/BSC. Use the e–Comment form to ensure accessibility.

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 to be conducted by 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 notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, 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 notified of any modifications.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1118 AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code 18949.2. The purpose of these building standards is to implement, interpret, or make specific the provisions of Health and Safety Code Sections 13108, 13143, 13145, 13146, 13211, 16022.5, 17921, 18949.2, Government Code Sections 51176, 51177, 51178 and 51179, Public Resources Code Sections 4201 through 4204. The State Fire Marshal is proposing this regulatory action based on Health and Safety Code Sections 13108, 13108.5, 13113, 13113.5, 13114, 13132, 13143, 13143.2, 13143.6, 13145, 13146, 13210, 13211, 16022.5, 17921, 18949.2, Government Code

Section 51189, Public Education Code 17074.50. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Health and Safety Code

Section 13108 (a). The State Fire Marshal shall prepare and adopt building standards related to the means of egress, the installation of fire alarms and fire extinguishing systems in any state–owned building or in any state– occupied building. Health and Safety Code

Section 13108.5. (

a) The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant to

Section 18930, propose fire protection building standards for roofs, exterior walls, structure projections, including, but not limited to, porches, decks, balconies, and eaves, and structure openings, including, but not limited to, attic and eave vents and windows of buildings in fire hazard severity zones, including very high fire hazard severity zones designated by the Director of Forestry and Fire Protection pursuant to

Article 9 (commencing with

Section 4201) of

Chapter 1 of

Part 2 of Division 4 of the Public Resources Code. Health and Safety Code

Section 13113. An automatic sprinkler system shall be installed in all 24–hour institutional type occupancies, and homes for the care of aged or senile persons. Health and Safety Code

Section 13113.5. The State Fire Marshal Shall adopt regulations requiring the installation of automatic smoke detectors in all facilities which provide 24–hour per day care, which house six or fewer persons, and which do not have automatic sprinkler systems. Health and Safety Code

Section 13114 (a). The State Fire Marshal shall adopt regulations and standards to control the quality and installation of fire alarm systems and fire alarm devices marketed, distributed, offered for sale, or sold in this state, and that no person shall market, distribute, offer for sale, or sell any fire alarm system or fire alarm device in this state unless the system or device has been approved and listed by the State Fire Marshal. Health and Safety Code

Section 13132. Every person, firm, or corporation maintaining or operating any facility for the care of the mentally handicapped shall file a statement with the fire authority having jurisdiction within five days of the admission or readmission of a patient stating that such patient is an ambulatory or a non–ambulatory person and enumerating the reasons for such classification. Such a statement shall also be filed for each existing patient within 30 days of the effective date of this section. Any statement required to be filed pursuant to this

section shall be certified as to its correctness by the person attending such patient. It shall be unlawful for any person, firm, or corporation required to file a statement pursuant to this

section to include false statements therein. Any such act shall be in violation of this

section and subject to the provisions of

Section 13112. Health and Safety Code

Section 13143.

Grants the State Fire Marshal authority to prepare and adopt regulations establishing minimum requirements for the prevention of fire and for the protection of life and property against fire and panic in any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children’s nursery, children’s home or institution not otherwise excluded from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy where 50 or more persons may gather together in a building, room, or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education.

Health and Safety Code

Section 13143.2. The State Fire Marshal shall enforce building standards published in the California Building Standards Code and those other rules and regulations adopted by the State Fire Marshal for the provision of structural fire safety and fire–resistant exits in multiple–story structures existing on January 1, 1975, let for human habitation, including, and limited to, apartment houses, hotels, and motels wherein rooms used for sleeping are let above the ground floor.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 36-Z 1119 Health and Safety Code

Section 13143.6 (a). The State Fire Marshal shall prepare and adopt regulations establishing minimum standards for the prevention of fire and for the protection of life and property against fire in any building or structure used intended for use as a home or institution for the housing of any person of any age for protective social care and supervision services by any governmental agency, certified family care homes, out–of–home placement facilities, and halfway houses. Health and Safety Code

Section 13145. The State Fire Marshal, the chief of any city, county, or city and county fire department or district providing fire protection services, or a Designated Campus Fire Marshal, and their authorized representatives, shall enforce in their respective areas building standards relating to