GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 9−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 28, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA CATASTROPHE RESPONSE COUNCIL Conflict−of−Interest Code — Notice File Number Z2020−0218−05 ....................................... 307 TITLE 13. CALIFORNIA HIGHW AY PATROL California Highway Patrol Cannabis Tax Fund Grant Program — Notice File Number Z2020−0218−02 .................................................... 307 TITLE 16.

BOARD OF PHARMACY Community Pharmacy Staffing — Notice File Number Z2020−0214−01 ................................... 309 TITLE 16. DENTAL BOARD OF CALIFORNIA Citation and Fine — Notice File Number Z2020−0218−01 ............................................. 312 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Safer Consumer Products: Priority Products List — Notice File Number Z2020−0218−04 .................... 316 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Research on the Blunt−nosed Leopard Lizard — Dr.

Brian Cypher ....................................... 323 DEP ARTMENT OF FISH AND WILDLIFE Research on the Blunt−nosed Leopard Lizard — Dr. Rory Telemeco ...................................... 323 DEP ARTMENT OF FISH AND WILDLIFE Research on the San Francisco Garter Snake — Jill Grant ............................................. 324 OCCUP ATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting .............................................................. 324 (Continued on next page) Time- Dated Material

A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS DEPARTMENT OF SOCIAL SERVICES Notice of Availability of Precedential Decisions Index ................................................ 325

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ........................................................... 325 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CALIFORNIA CATASTROPHE RESPONSE COUNCIL NOTICE IS HEREBY GIVEN that the California Catastrophe Response Council, pursuant to the authori- ty vested in it by

section 87300 of the Government Code, proposes its conflict−of−interest code. A com- ment period has been established commencing on Feb- ruary 28, 2020 and closing on April 13, 2020. The California Catastrophe Response Council pro- poses to adopt its conflict−of−interest code to include employee positions that involve the making or partici- pation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Govern- ment Code. A written explanation of why each position was selected and the reasons for the disclosure cate- gories is available. The California Catastrophe Response Council ap- points the administrator of the California Wildfire Fund, oversees the activities of the administrator, and approves certain aspects of the administration of the fund, including the administrator’s procedures for the review, approval and timely funding of eligible claims. Copies of the proposed code are available and may be requested from the Contact Person set forth below.

Any interested person may submit written state- ments, arguments, or comments relating to the pro- posed code by submitting them in writing no later than April 13, 2020, or at the conclusion of the public hear- ing, if requested, whichever comes later, to the Contact Person set forth below. At this time, no public hearing has been scheduled concerning the proposed amendments. If any interested person or the person’s representative requests a public hearing, he or she must do so no later than March 27, 2020 by contacting the Contact Person set forth below.

The California Catastrophe Response Council has determined that the proposed code: 1. Imposes no mandate on local agencies or school districts. 2. Imposes no costs or savings on any state agency. 3. Imposes no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries should be directed to: Shannon McEuen California Earthquake Authority 801 K Street, Suite 1000 Sacramento, CA 95814 Telephone: (916) 661−5430 E−mail: SMcEuen@calquake.com TITLE 13. CALIFORNIA HIGHWAY PATROL DIVISION 2, ADOPT

CHAPTER 13 CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM (CHP−R−2019−06601)

Section 2402 of the California Vehicle Code (CVC) authorizes the Commissioner of the California High- way Patrol (CHP) to make and enforce regulations as necessary to carry out the duties of the CHP. The CHP proposes to adopt regulations within Title 13 of the Cal- ifornia Code of Regulations (CCR), Division 2, by adding

Chapter 13, which would govern the CHP Cannabis Tax Fund Grant Program, in furtherance of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted as Proposi- tion 64 on November 8, 2016, by a statewide general election. The AUMA and subsequent legislation, in- cluding Senate Bill 94 (2017) authorizes a person who obtains a state license from a cannabis control agency to engage in commercial adult−use and medicinal cannabis activity pursuant to that license and applicable local ordinances. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In accordance with

Section 34019 of the Revenue and Taxation Code (RTC) and the passage of the AUMA, the Department has established the Cannabis Tax Fund Grant Program. The purpose of this program is to pro- vide financial assistance to eligible entities for the edu- cation, prevention, and/or enforcement of impaired 307

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z driving laws related to driving under the influence (DUI) of alcohol and other drugs, including cannabis. This rulemaking package is initiated to implement a new grant program created by

Section 34019(f)(3)(

B) RTC. Specifically, the proposed regulations outline general grant provisions, grant project types, specific application requirements, grant evaluation criteria, and necessary administrative procedures for the effective implementation of the program.

The funds disbursed by the California State Con- troller’s Office shall be used to fund internal CHP pro- grams and grants to qualified nonprofit organizations and local governments for education, prevention, and enforcement of laws related to driving under the influ- ence (DUI) of alcohol and drugs, including cannabis; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions; and for the purchase of equip- ment related to enforcement of laws related to DUI of alcohol and other drugs, including cannabis (refer to

Section 34019(f)(3)(

B) RTC). CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS After conducting an evaluation, the CHP has deter- mined these regulations pertain only to the grant pro- gram administered within the Department by the au- thority of

Section 34019 RTC. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION This proposed regulatory action will ensure the Cannabis Tax Fund Grant Program has uniform stan- dards, internal controls, and guidelines to ensure con- sistent and effective administration of the program; the public understands the expectation of the program; and the program targets law enforcement programs de- signed to reduce DUI of alcohol and other drugs, in- cluding cannabis.

PUBLIC COMMENTS Any interested person may submit written comments on this proposed action via facsimile at (916) 322−3169, by electronic mail to IDSRegs@chp.ca.gov, or by writing to: California Highway Patrol Impaired Driving

Section Attention: Cathy Perry and V anessa Martinez P.O. Box 942898 Sacramento, CA 94298−0001 Written comments will be accepted until 5:00 p.m., on April 14, 2020. No public hearing has been scheduled. If any person desires a public hearing, a written request must be re- ceived by the CHP, Impaired Driving

Section (IDS), no later than 15 days prior to the close of the written com- ment period. A V AILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory action, the information upon which this action is based (the rulemaking file), and the proposed regulation text. Re- quests to review or receive copies of this information should be directed to the CHP either in writing to the ad- dress above, by facsimile at (916) 322−3169, or by call- ing the CHP, IDS, at (916) 843−4360.

All requests for information should include the following information: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in the event the requester’s information is incomplete or illegible. The rulemaking file is available for inspection at CHP, IDS, 601 North 7th Street, Sacramento, CA 95811. Interested parties are advised to call for an ap- pointment.

All documents regarding the proposed ac- tion are available through the CHP’s website at: https://www.chp.ca.gov/programs−services/programs/ impaired−driver−enforcement−programs/cannabis− tax−fund−grant−program−overview. Any substantial changes to the original proposal will be available for at least 15 days prior to the CHP adopt- ing this resulting regulation. Any person desiring to obtain a copy of the adopted text and a final statement of reasons may request them at the above−noted address. Copies will also be posted on the CHP’s website.

CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or questions regard- ing the content of the proposed regulations, should be directed to Cathy Perry or Vanessa Martinez, CHP, IDS, at (916) 843−4360. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- 308

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z out further notice. If the proposal is modified prior to adoption and the change is not solely grammatical or non−substantive in nature, the full text of the resulting regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption. DISCLOSURES REGARDING THE PROPOSED ACTION The CHP has made the following determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Significant, statewide, adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost to any local agency or school district which must be reimbursed in accordance with Sections 17500 through 17630 of the Government Code (GC): None. 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 CHP is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Effect on Small Business: This proposed regulation will not affect small business for the reason that the grants agreements program is a voluntary program in- tended to supplement an eligible entities existing bud- get, not support it. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The CHP concludes this proposed regulatory action: (1) is unlikely to create additional jobs, nor eliminate any jobs in the State of California; (2) is unlikely to re- sult in the elimination of existing businesses, nor create or expand businesses in the State of California; (3) will continue to provide a benefit to the protection and safety of public health, employees, and the environment by providing financial assistance to eligible entities for goals and objectives set by the grants agreements pro- gram as outlined in

Section 34019 RTC. CONSIDERATION OF ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine that no reasonable alternative con- sidered by the CHP, or that has otherwise been identi- fied and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

The CHP in- vites interested parties to present statements or argu- ments with respect to alternatives to the proposed regu- lations during the written comment period. AUTHORITY AND REFERENCE The authority and references for the proposed regulations contained in this rulemaking are as follows: Sections 2102 and 2402 CVC;

Section 34019 RTC;

Section 83.5(a),

Section 16.5(

d) and

Section 8356 GC;

Section 501(c)(3) of the United States (U.S.) Internal Revenue Code; and

Section 5704(a)(1) of the 5 U.S. Code. TITLE 16. BOARD OF PHARMACY NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) is proposing to take the rulemaking action described below under the head- ing Informative Digest/Policy Statement Overview. Any person interested may present statements or argu- ments relevant to the action proposed in writing. Writ- ten comments, including those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by April 13, 2020.

The board has not scheduled a public hearing on this proposed action. The board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. The board may, after considering all timely and rele- vant comments, adopt the proposed regulations sub- stantially as described in this notice, or may modify the proposed regulations if such modifications are suffi- ciently related to the original text.

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

Section 4005 of the Busi- ness and Professions Code (B&

P) authorizes the board to adopt this regulation. The proposed regulation imple- 309

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z ments, interprets, and makes specific sections 4110 and 4113.5 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California State Board of Pharmacy (board) is a state agency vested with the authority to regulate the pharmacy industry, including pharmacies, pharmacists, and pharmacy technicians (Business and Professions Code (B&

P) section 4000, et seq.). The board’s man- date and its mission is to protect the public (B&P

section 4001.1). Senate Bill (SB) 1442 (Wiener, Statutes of 2018,

Chapter 569) established that licensed pharmacists are health care professionals, who pay a vital role in pro- tecting public health. SB 1442 added

Section 4113.5 to the B&P, which prohibits a community pharmacy from requiring a pharmacist to engage in the practice of phar- macy while the pharmacy is open to the public unless another employee of the pharmacy is present and work- ing in the pharmacy, or an employee of the establish- ment is always made available to assist the pharmacist. This statute also specifies that the prohibition shall not apply to pharmacies that meet specific criteria, includ- ing, but not limited to, a hospital pharmacy (as defined by B&P

section 4029 or 4056), a hospital outpatient pharmacy, or a government owned pharmacy. This proposal will add

section 1714.3 to Title 16 of the California Code of Regulations (CCR) to identify the requirements that the pharmacy must meet to com- ply with the statute, including identifying the name of the assigned person/people who shall be available to as- sist the pharmacist, ensure that the assigned person/ people is/are able to perform the duties identified in 16 CCR

section 1793.3, ensure that the assigned person/ people qualifies/qualify to have access to controlled substances (i.e. a background check has been complet- ed), and ensure that the person/people assigned is/are available to assist within a required amount of time fol- lowing the request for assistance by the pharmacist. Ad- ditionally, sections 1714.3(

b) and (

c) identify the re- quirement for the pharmacy to develop and maintain policies and procedures that address the training of the assistant(s), the process for the pharmacist to request as- sistance, ensure that all impacted staff read and sign a copy of the policies and procedures, and maintain the policies and procedures within the pharmacy in a readi- ly retrievable format. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS Protection of the public is the board’s highest priority in exercising its licensing, regulatory and disciplinary functions.

This regulatory proposal benefits the health and welfare of California residents, as well as benefit- ing employee safety. The proposed regulation will en- sure that pharmacists are aware of the designated per- son assigned to assist them, should help be needed. This will ensure the pharmacist can provide more complete patient centered care, which will benefit the health and welfare of California residents.

Additionally, this will improve employee safety by ensuring that the staff that are responsible for aiding the pharmacist are aware of the requirements and receive appropriate training for working within the pharmacy. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the board conducted a search of simi- lar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

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 California Department of Jus- tice could see an increase in fingerprinting revenue should additional background checks be necessary. The board believes this possible increase in revenue to be minor. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None.

Business Impact: The board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This propos- al does reinforce the requirement that the person desig- nated to aid the pharmacist must qualify to have access to controlled substances (i.e. a background check has 310

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z been completed). This requirement is established by Federal regulation (21 CFR 1301.76 and 1301.90 et seq.) and is current law. It is not establishing a new re- quirement. The pharmacy may need to have the person designated to aid the pharmacist complete a fingerprint background check, if one was not completed as part of the hiring process to work in the retail store.

The current processing fees associated with Live Scan fingerprint- ing are $32.00 for DOJ and $17.00 for FBI, with some Live Scan agencies charging additional fees for “rolling” fingerprints and/or administrative processing. The board believes these costs to be minor. Additional- ly, the proposal establishes the requirement for policies and procedures that address specific criteria. Pharma- cies are already required to have policies and proce- dures in place with respect to other areas of pharmacy practice.

The additional policies and procedures can be incorporated into the pharmacies’ existing policies and procedures. These requirements will not have a signifi- cant statewide adverse economic impact on business, including the ability of California businesses to com- pete with businesses in other states. Cost Impact on Representative Private Person or Business: The board estimates that there may be a minimal ex- pense to the pharmacy for supply costs to develop the policies and procedures (i.e. paper) and the time it will take to write the policies and procedures and obtain staff signatures.

The board estimates that the process should not take more than a few hours. Additionally, the phar- macy may need to have the person designated to aid the pharmacist complete a fingerprint background check, if one was not completed as part of the hiring process to work in the retail store. The current processing fees as- sociated with Live Scan fingerprinting are $32.00 for DOJ and $17.00 for FBI, with some Live Scan agencies charging additional fees for “rolling” fingerprints and/ or administrative processing. The board believes these costs to be minor. The board anticipates no costs to an individual.

Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The board does not have nor does it maintain data to define if any of its licensees are a “small business” as defined in Government Code

section 11342.610. How- ever, the board has determined that the proposed regula- tion will not affect small businesses. While some com- munity pharmacies may be considered a small business, B&P

section 4113.5(b)(4) exempts a pharmacy owned by a person or persons who own fewer than four phar- macies in California, which would likely exempt a com- munity pharmacy that is considered a small business. Additionally, there are approximately 750 vendors statewide who provide fingerprinting services. There should be no initial or ongoing cost impact upon the vendors because they are already equipped to provide the service and any necessary fingerprinting will be mi- nor and completed randomly.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses 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 board has determined that this regulatory propos- al benefits the health and welfare of California residents and worker safety.

This regulatory proposal benefits the health and welfare of California residents, as well as benefiting employee safety. The proposed regulation will ensure that the pharmacist is aware of the designat- ed person assigned to assist them, should help be need- ed. This will ensure the pharmacist can provide more complete patient−centered care, which will benefit the health and welfare of California residents.

Additional- ly, this will improve employee safety by ensuring that the staff that are responsible for aiding the pharmacist are aware of the requirements and receive appropriate training for working within the pharmacy. The pro- posed regulation will not impact the state’s environment.

CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alterna- tive 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 pro- posal described in this Notice, or would be more cost ef- fective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or ar- guments in writing relevant to the above determinations 311

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z at the address listed for the Contact Person during the written comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The Board of Pharmacy has prepared an initial state- ment of the 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 regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, Cal- ifornia 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below. You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making 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: ame: Debbie Damoth ddress: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 hone Number: (916) 518−3090 ax Number: (916) 574−8618 −Mail Address: Debbie.Damoth@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the oard of Pharmacy’s website: www.pharmacy.ca.gov. TITLE 16.

DENTAL BOARD OF CALIFORNIA NOTICE IS HEREBY GIVEN that the Dental Board f California (Board) is proposing to take the action de- cribed in the Informative Digest. Any person interest- d may present statements or arguments orally or in riting relevant to the action proposed at a hearing to be eld at: Department of Consumer Affairs 2005 Evergreen Street, 1st Floor Hearing Room Sacramento, California 95815 Tuesday, April 14, 2020 10:00 a.m.

Written comments, including those sent by mail, fac- imile, or e−mail to the addresses listed under Contact erson in this Notice, must be received by the Board at ts o ffice not later than Monday, April 13, 2020 or must e received by the Board at the hearing. The Board upon ts own motion or at the request of any interested party, ay thereafter adopt the proposals substantially as de- cribed below or may modify such proposals if such odifications are sufficiently related to the original ext.

With the exception of technical or grammatical hanges, the full text of any modified proposal will be vailable for 15 days prior to its adoption from the per- on designated in this Notice as contact person and will e mailed to those persons who submit written or oral estimony related to this proposal or who have request- d notification of any changes to the proposal. AUTHORITY AND REFERENCE ursuant to the authority vested by

section 1614 of the usiness and Professions Code, and to implement, N A P F E B o s e w h s P i b i m s m t c a s b t e P B 312

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z interpret or make specific sections 125.9 and 148 of the Code, the Board is considering changes to Division 10 of Title 16 of the California Code of Regulations as follows: INFORMATIVE DIGEST A. Informative Digest The Dental Board of California (Board) regulates ap- proximately 82,000 licensees; consisting of 35,000 dentists (DDS), 30,000 registered dental assistants (RDA), and 1,500 registered dental assistants in extend- ed functions (RDAEF).

In addition, the Board has the responsibility for setting the duties and functions of ap- proximately 50,000 unlicensed dental assistants. The Board’s highest priority is the protection of the public when exercising its licensing, regulatory, and disci- plinary functions.

The primary methods by which the Board achieves this goal are: issuing licenses to eligible applicants; investigating complaints against licensees and disciplining licensees for violations of the Dental Practice Act (DPA); monitoring licensees whose licens- es have been placed on probation; and managing the Di- version Program for licensees whose practice may be impaired due to abuse of dangerous drugs or alcohol.

The Board’s Executive Officer is authorized to issue a citation and administrative fine to any person who holds a license or permit, or certificate issued by the Board for a violation of any provision of the Dental Practice Act or other law enforced by the Board. Existing regulation at California Code of Regula- tions, title 16,

section 1023.2 (16 CCR 1023.2) defines the penalties applicable to Class “A” and Class “B” vio- lations. The regulation provides that a Class “A” viola- tion is subject to an administrative fine in an amount not less than $1,000 and not exceeding $2,500 for each vio- lation, and a Class “B” violation is subject to an admin- istrative fine in an amount not less than $50 and not ex- ceeding $2,500. This proposal would increase the maximum fines for each violation to $5,000 for each violation. Existing regulation at 16 CCR

section 1023.7 pro- vides for an administrative fine between $50 to $2,500 for unlicensed practice. This proposal would increase the maximum fine for each violation to $5,000 for each violation. B. Policy Statement Overview/Anticipated Benefits of Proposal Existing law, Business and Professions Code

section 1614, specifies that the Board is authorized to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable the Board to carry into effect the provisions of the Dental Practice Act. Existing law, Business and Professions Code

section 1601.2, establishes the Board’s highest priority, which is the protection of the public when the Board exercises its licensing, regulatory, and disciplinary functions. The Board has determined that the current fine maxi- mum fine amounts of $2,500 are insufficient to properly function as deterrents against violations of statutes and regulations or unlicensed practice of dentistry. There- fore, this proposal seeks to increase the maximum fine the Executive Officer may issue for a violation of any provision of the Dental Practice Act or other law en- forced by the Board to $5,000.

It is necessary to increase the maximum amount of a fine that the Board may assess when it issues citations for the protection of the public’s health and wellbeing. When a licensee is found to have violated the DPA or the Board’s regulations, disciplinary proceedings may be initiated by the Board, which would require the case to be referred to the Office of the Attorney General (OAG) for prosecution. This can be costly for not only the licensee to obtain legal representation, but for the Board as well because it would be required to pay to the OAG all costs associated with prosecuting the case.

The Board would also incur costs to have the case investi- gated. Although the Board might be reimbursed for its costs when a disciplinary decision is rendered in its fa- vor pursuant to Business and Professions Code

section 125.3, many licensees cannot afford to reimburse the Board. In many cases, licensees surrender their license, or if a decision revokes their license, the Board is not re- imbursed until a licensee seeks to have a license rein- stated. This greatly impacts the Board’s enforcement program. Citations may be used when patient harm is not found (i.e., in a Class “B” violation), but the quality of care provided to the consumer is substandard. When issuing citations, the Board’s goal is not to be punitive.

Rather, the Board seeks to protect California consumers by get- ting the subject dentist’s attention, re−educating him/ her as to the DPA or the Board’s regulations, and em- phasizing the importance of following dental practices that fall within the community’s standard of care. When deciding whether to issue a citation, California Code of Regulations

section 1023.4 requires that the ex- ecutive officer consider the following factors when as- sessing the amount of an administrative fine:  The good or bad faith exhibited by the cited person  The nature and severity of the violation  Evidence that the violation was willful  History of violations of the same or similar nature  The extent to which the cited person has cooperated with the Board 313

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z  The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation  Such other matters as justice may require. The Board has expanded its use of citations and fines to address a wider range of violations that can be more efficiently and effectively addressed through a cite and fine process with abatement and/or remedial education outcomes.

Examples of “lesser” violations of the DPA that may not warrant referral to the OAG, but where a citation and fine may be more appropriate, include documenta- tion issues, e.g., recordkeeping, advertising violations, failure to keep up with continuing education require- ments, unprofessional conduct for the failure to dis- close or report convictions, e.g., driving under the influ- ence, and disciplinary actions taken by another profes- sional licensing entity. In addition, citations are a tool to address less egregious violations that would not other- wise result in discipline.

Moreover, citations can ad- dress skills and training concerns promptly. The average number of days to complete a case that has been referred to the OAG for disciplinary action has continued to increase from 1645 days in 2015/16 to 1863 days in 2017/18 (over 13 percent). By issuing a ci- tation and fine, the Board is providing the licensee with an easier path to resolution and obtaining swift compli- ance. The Board has determined that the fine amount plays an important role in deterring future violations of the DPA and the Board’s regulations and the unlicensed practice of dentistry.

In the most egregious of cases that do not warrant formal discipline, or in the case of unli- censed practice, a citation with a fine amount of $5,000 would carry with it a deterrent factor that would far ex- ceed that of a fine in the amount of $2,500. This assists the Board in meeting its obligation to protect consumers when citations with a fine are issued. ANTICIPATED BENEFITS The Board’s highest priority is the protection of the public while exercising its licensing, regulatory, and disciplinary functions.

The Board has determined that the current fine maximum fine amounts of $2,500 are insufficient to properly function as deterrents against violations of statutes and regulations. Therefore, the Board seeks to increase the maximum fine the Execu- tive Officer may issue for a violation of any provision of the Dental Practice Act or other law enforced by the Board. This regulatory change will better enable the Board to perform its duty to protect the public.

Addi- tionally, this proposal will provide the Board with an enforcement tool that is able to act as a deterrent against licensees that violate the Dental Practice Act. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS After conducting a review for any regulations that would relate to or affect this area, the Board has evaluat- ed this regulatory proposal and it is not inconsistent or incompatible with existing state regulations.

The Board is the only state entity that regulates the practice of den- tistry and is the only authority that can issue citations and fines on a licensed dentist within the state. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Assuming the administrative fine collection will double, this proposal would result in the Board receiving an additional $36,000 per year from ci- tations and fines. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The Board has made the initial determination that the proposed regulation would not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because the regulations pertain to the Board’s enforcement of the Dental Practice Act and its regulations.

This determina- tion is based on the fact that the proposal only affects persons found to be in violation of the Board’s statutes and regulations. For example, a person may be issued a citation and administratively fined for violations which the executive officer has determined involves a person who has violated a statute or regulation relating to the practice of dentistry which does not present a substan- tial probability that either death or serious physical harm to a patient will result therefrom.

A business owned by a licensee who is facing a cita- tion due to a violation of the DPA or the Board’s regula- tions may incur a fiscal impact as it relates to costs asso- ciated with payment of the fine. The Board does not maintain data relating to the number or percentage of li- censees who own a business; therefore, the number or percentage of businesses that may be impacted cannot be predicted. The Board only has the authority to issue a citation that includes a fine for unlicensed practice or to a licensee and not a business.

Accordingly, the initial or ongoing costs for a small business owned by a licensee who is facing a citation with a fine cannot be projected. Businesses operated by licensees who are in compli- 314

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z ance with the DPA and the Board’s regulations will not incur any fiscal impact. The rulemaking file includes the facts, evidence, doc- uments, testimony, and/or other evidence which sup- ports this determination. Cost Impact on Representative Private Person or Business: This proposal would have a minor fiscal impact on in- dividual licensees of the Board who have been issued a citation with an administrative fine.

Though these regu- lations pertain to the Board’s internal enforcement pro- cedures, a citation against a license or person for unli- censed practice will result in costs associated with pay- ment. The average salary of a DDS in California is ap- proximately $150,000 per year and the annual salary of a registered dental assistant in California is approxi- mately $35,000 per year. Licensees who are in compli- ance with the Board’s statutes and regulations will not incur any fiscal impact.

With respect to persons who are issued a citation with a fine for unlicensed practice, the Board is unable to speculate who might engage in such practice. Therefore, the fiscal impact on such persons is unknown. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tions would not affect small businesses. Although small businesses owned by licensees of the Board and small businesses that employ licensees of the Board may be impacted, the Board estimates that the fiscal impact would be minor and absorbable.

The Board does not maintain data relating to the number of percentage of li- censees who own a small business; therefore, the num- ber or percentage of small businesses that may be im- pacted cannot be predicted. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has made the initial determination that the proposed regulation would not have a significant, statewide adverse economic impact directly affecting business. The proposal will not create or eliminate jobs in the State. It will not cause an expansion of businesses currently operating in the state.

The proposal will not affect the ability of California businesses to compete with businesses in other states, because the regulations pertain to the Board’s enforcement of the Dental Prac- tice Act and its regulations.

Benefits of Regulation: The Board has determined that this regulatory pro- posal will have the following benefits to health and wel- fare of California residents, worker safety, and the state’s environment: The proposed increase in the maximum amount for citations and fines helps the Board fulfill its highest pri- ority: protection of the public when exercising its li- censing, regulatory, and disciplinary functions so this will promote the health and welfare of California resi- dents.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive 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 bur- densome to affected private persons than the proposal described in this Notice, or would be more cost effec- tive to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the 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 regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained at the hearing or prior to the hearing upon request from the Board at 2005 Evergreen Street, Suite 1550, Sacramento, California 95815 or by accessing the Board’s website at http://www.dbc.ca.gov/laws/regs/ index.shtml.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below. 315

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Gabriel Nevin, Legislative and Regulatory Analyst Address: Dental Board of California 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263−2027 Fax Number: (916) 263−2140 E−Mail Address: gabriel.nevin@dca.ca.gov The backup contact person is: Name: Steve Long, Budget Analyst Address: Dental Board of California 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263−0967 Fax Number: (916) 263−2140 E−Mail Address: steve.long@dca.ca.gov Website Access: Materials regarding this proposal can be found at the Board’s website at http://www.dbc.ca. gov/lawsregs/index.shtml.

TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL SAFER CONSUMER PRODUCTS REGULATIONS — Listing Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances as a Priority Product Department of Toxic Substances Control reference number: R−2019−02 NOTICE IS HEREBY GIVEN that the Department of Toxic Substances Control (DTSC) proposes to amend the California Code of Regulations, title 22, di - vision 4.5,

chapter 10,

section 66260.11 and

chapter 55,

section 69511, and adopt

section 69511.4. This pro- posed amendment pertains to identification of a Priority Product under the Safer Consumer Products (SCP) reg- ulations, approved by the Office of Administrative Law (OAL) and filed with the Secretary of State on August 28, 2013 (effective date: 10/01/2013; OAL Regulatory Action Number: 2013−0718−03). PUBLIC HEARING DTSC will hold a public hearing on the proposed reg- ulation at the following time and location: DATE: April 13, 2020 TIME: 9:00 a.m.−1:00 p.m. LOCATION: CalEPA Building, Sierra Hearing Room 1001 “I” Street Sacramento, California, 95814 When the hearing convenes any person(

s) may present statements or arguments, orally or in writing, relevant to this proposal. The public hearing will begin at 9:00 a.m. and will remain open until 1:00 p.m. or until all registered persons complete their testimony. Representatives of DTSC will preside at the hearing. Anyone wishing to speak must register before the hear- ing. Pre−hearing registration is conducted at the loca- tion of the hearing from 8:45 a.m. until the hearing com- mences. Registered persons will be heard in the order of their registration.

Anyone else wishing to speak at the hearing will have an opportunity after all registered per- sons have been heard. DTSC reserves the right to set time limits to ensure that everyone has an opportunity to speak. All visitors are required to sign in prior to attending any meeting at the Visitor and Environmental Services Center, located just inside and to the left of the build- ing’s public entrance. Please allow adequate time to sign in and receive a visitor badge before the public hearing begins.

NOTICE PERTAINING TO ACCESSIBILITY AND REASONABLE ACCOMMODATION All documents related to these regulations can be made available in alternate format (i.e., Braille, large print, etc.) or in another language, as requested, in ac- cordance with State and Federal law. Further, to ensure the public has equal access to all available services and information, DTSC will provide disability−related rea- sonable accommodations and/or translator/interpreter 316

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z needs, upon request. For assistance, please contact the staff person below as soon as possible, no later than 10 business days prior to the scheduled hearing. Ms. Jackie Buttle Office of Legislation and Regulatory Review Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812−0806 Fax Number: (916) 324−1808 TTY/TDD/Speech−to−Speech users may dial 7−1−1 for the California Relay Service. WRITTEN COMMENT PERIOD Any interested person(

s) or their authorized repre- sentative(

s) may submit written comments relevant to the proposed regulatory action to DTSC in either elec- tronic or hard−copy formats. Written comments may be submitted electronically through the SCP Information Management System, CalSAFER at: https://calsafer. dtsc.ca.gov/. Please direct questions or concerns about CalSAFER to Simona Balan at 510−540−3888 or simona.balan@dtsc.ca.gov. While DTSC prefers that comments be submitted through the CalSAFER sys- tem, interested persons may also submit their com- ments in an email to: SaferConsumerProducts@dtsc. ca.gov.

Written comments may also be submitted electroni- cally through the DTSC regulations email address at regs@dtsc.ca.gov or please direct hard−copy written comments to Ms. Jackie Buttle, Regulations Coordina- tor, as specified above. The written comment period will close on April 13, 2020. Only comments received at the DTSC office by that date and time will be considered. Any interested person(

s) or their authorized representative(

s) may sub- mit written comments relevant to the proposed regula- tory action to DTSC in either electronic or hard copy formats. DTSC will only consider comments received on or before this date and time or submitted during the public hearing. AUTHORITY AND REFERENCE Authority This regulation is being adopted under the following authorities:  Health and Safety Code (HSC)

section 25252 authorizes and requires DTSC to adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered a Chemical of Concern. This

section also directs DTSC to reference and use available information from various sources but does not limit DTSC to use only this information.  HSC

section 25253 authorizes and requires DTSC to adopt regulations that establish a process for evaluating Chemicals of Concern in consumer products, and their potential alternatives, to determine how best to limit exposure to or to reduce the level of hazard posed by a Chemical of Concern.  HSC

section 58012 (added by Government Reorganization Plan Number 1,

section 146, effective July 17, 1991) grants DTSC authority to adopt regulations to execute its duties. Reference This regulation implements, interprets, or makes spe- cific the following statutes:  HSC sections 25252 and 25253. INFORMATIVE DIGEST Policy Statement Overview: Sections Affected: DTSC proposes to amend sections 69511 and add one Priority Product to the Priority Prod- uct list (section 69511.4) in

Article 11,

Chapter 55, Di- vision 4.5 of Title 22, of the California Code of Regulations. Background and Effect of the Proposed Regulatory Action: The SCP regulations were adopted in October 2013 to meet the statutory requirements outlined in HSC sec- tions 25252 and 25253.

The regulations outline a science−based process for evaluating Chemicals of Concern in consumer products and safer alternatives by:  Establishing a list of Candidate Chemicals and specifying criteria by which these may be designated Chemicals of Concern;  Establishing a process to identify and prioritize product and Candidate Chemical combinations that may be listed as Priority Products;  Requiring manufacturers to notify DTSC when their product is listed as a Priority Product;  Requiring manufacturers of a Priority Product to perform an Alternatives Analysis (AA) to determine how best to reduce exposures to, or the level of adverse public health or environmental impacts posed by, the Chemical(

s) of Concern in the product;  Requiring DTSC to identify and require implementation of Regulatory Responses following completion of an AA; and  Creating a process for persons to petition DTSC to add chemicals to the Candidate Chemicals list, add 317

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z or remove Candidate Chemicals lists in their entirety, or to add or remove a product−chemical combination from the Priority Products List. DTSC proposes to amend sections 66260.11 and 69511 and add

section 69511.4 to

Article 11 of the SCP regulations. The proposed action will add carpets or rugs containing any perfluoroalkyl and polyfluoroalkyl substances (PFASs) as a Priority Product on the Priority Products List. This listing applies to any consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential build- ings that contains any PFASs. This includes carpeted door mats because they are also used inside buildings.

This listing excludes the following:  Carpets and rugs intended solely for outdoor use;  Carpets and rugs intended solely for use inside airplanes, trains, automobiles, light duty trucks, vans, buses, or any other vehicles, as well as light duty trucks, vans, buses, or any other vehicles;  Carpets and rugs intended for use in any other indoor environments besides buildings;  Resilient floor coverings;  Artificial turf;  Wall hangings and coverings;  Table mats; and  Camping sleeping mats.

Following extensive review of the scientific litera- ture and analysis of the known hazard traits of PFASs, DTSC determined there is potential for the vast majori- ty of California consumers including infants, school children, and pregnant women and their developing fe- tuses to be exposed to PFASs while in their carpeted homes, offices, buildings, stores, and classrooms for prolonged periods of time daily.

These exposures have the potential to contribute to or cause significant ad- verse health impacts including carcinogenicity, cardio- vascular toxicity, developmental toxicity, endocrine toxicity, hepatotoxicity, immunotoxicity, nephrotoxici- ty, ocular toxicity, and reproductive toxicity. In addi- tion, PFASs are known to be environmentally persis- tent, bioaccumulative, highly mobile in the environ- ment, can be transported long distances, and undergo lactational and transplacental transfer in humans and animals.

DTSC based this determination on an evalua- tion of an abundance of publicly available, reliable sci- entific information pertinent to the regulatory criteria. Benefits of the Proposed Regulatory Action: A primary goal of the SCP regulations is to mitigate widespread adverse health and environmental impacts of PFASs in commerce, as well as the overall costs of these impacts to the State of California.

By listing car- pets or rugs containing any PFASs as a Priority Product, DTSC encourages manufacturers to evaluate whether PFASs are necessary in carpets and rugs or whether there are functionally safer alternatives that would re- duce human exposure to PFASs during manufacturing, use, and post−consumer recycling or disposal of carpets and rugs containing PFASs. Reduction in PFASs in con- sumer products and the environment means healthier ecosystems, safer homes, offices, schools, workplaces, and a more sustainable environment, with cleaner drinking water and air.

Reducing exposure to PFASs could reduce the prevalence of elevated serum concen- trations of PFASs in the general population of Califor- nia, and its associated potential for adverse health ef- fects. Expanded use and development of new, safer al- ternatives benefits California’s entire population and environment. Another primary goal of SCP regulations is to protect public health by reducing exposures to potentially harmful chemicals.

By listing carpets and rugs contain- ing any PFASs as a Priority Product, DTSC sets in mo- tion a strategy to reduce human exposure to PFASs from the manufacturing, use, and end−of−life of this product category. A reduction in exposure to PFASs could bene- fit the health of California’s residents and wildlife. The development of safer alternatives benefits California workers, consumers, employers, and environment.

DTSC cannot pre−determine the alternatives that each manufacturer will propose; therefore, it is impos- sible to accurately predict or quantify the full range of potential benefits associated with their development. DTSC will maximize the use of alternatives of least concern and give preference to those that provide the greatest level of inherent protection. In general, eco- nomic benefits to California workers and business own- ers may include expanded employment opportunities in the fields of consulting, worker and consumer educa- tion, and marketing.

Additional benefits may accrue be- cause of increased research and product development collaboration between manufacturers and California− based research entities. Institutional and corporate fi- nancial support of chemical and material science pro- grams focused on developing safer alternatives to PFASs could advance the field. These research initia- tives could provide manufacturers with employees that are highly skilled in the research and design of products for newly emerging global markets.

Existing Laws and Regulations: The SCP regulations established a unique approach to regulating Chemicals of Concern in consumer prod- ucts that grants DTSC authority to take actions to pro- tect people and the environment when such actions are outside the scope of other regulatory programs. There are no equivalent federal or state regulations that re- quire product manufacturers to determine if the chemi- 318

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z cal in their product is necessary and whether there is a safer alternative, with the goal of protecting consumers and the environment from adverse effects associated with a product throughout its lifetime. As a class, PFASs are not currently regulated by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), or the Occupa- tional Safety and Health Administration (OSHA), nor by any other state agencies. The United States Environ- mental Protection Agency (U.S.

EPA) took some limit- ed regulatory actions on a small number of PFASs (see below), but the proposed regulation does not duplicate or conflict with any of these regulations, which are dis- cussed below. U.S. EPA’s Limited Regulatory Actions on PFASs:

Section 5 of Toxic Substances Control Act (TSCA) authorizes U.S. EPA to issue Significant New Use Rules (SNURs) for new or existing chemicals used in a significant new way. A SNUR requires companies to notify U.S. EPA at least 90 days prior to manufacturing, importing, or processing substances for a significant new use, and submit a notification including informa- tion about the chemical’s identity, physical characteris- tics, processing and use, and available toxicity data. U.S. EPA has 90 days to evaluate the new use and can request more data, prohibit or limit the manufacture, or allow the use.

The following SNURs are related to PFASs:  A SNUR was issued regarding any future manufacture (including imports) of 75 PFASs specifically included in the 2000−2002 voluntary phaseout of perfluorooctane sulfonic acid (PFOS) by the 3M Company on December 9, 2002;  A SNUR was issued regarding any future manufacture (including imports) of 13 PFASs specifically included in the 2000−2002 voluntary phaseout of PFOS by 3M on March 11, 2002;  A SNUR was issued for 183 PFASs believed to no longer be manufactured, imported, or used in the United States on October 9, 2007;  A SNUR was issued requiring companies to report their intent to manufacture certain perfluorooctanoic acid (PFOA)−related chemicals to treat carpets, and to import carpets containing these PFASs on September 30, 2013; and  A proposed SNUR was published affecting manufacturers (including importers) of PFOA and PFOA−related chemicals, including as part of articles, and processors of these chemicals on January 21, 2015; this has not been finalized.

In 2006, U.S. EPA developed a 2010/2015 Steward- ship Program for reducing emissions of PFOA, its pre- cursors, and related higher homologues (U.S. EPA 2010). Through a Memorandum of Understanding (MOU) with U.S. EPA, eight major U.S. manufacturers agreed to voluntarily eliminate PFOA in their emissions and products by 2015. Participating companies include: Arkema, Asahi, BASF Corporation, Clariant, Daikin, 3M/Dyneon, DuPont, and Solvay Solexis. Since 2000, U.S.

EPA has been reviewing hundreds of substitutes for PFOA, PFOS, and other longer−chain PFASs, particularly regarding their toxicity, fate, and bioaccumulation under the New Chemicals Program. For many PFASs, U.S. EPA has been using TSCA sec- tion 5(

e) Consent Orders to require testing while allow- ing production and use. U.S. EPA is also investigating substitutes for certain direct uses of PFOA. On January 27, 2010, U.S. EPA amended the Polymer Exemption Rule for new chemicals under TSCA to exclude certain side−chain fluorinated polymers, due to potential risk to human health or the environment. Related State Laws and Regulations: No California state laws or regulations currently ad- dress the use of PFASs in carpets and rugs. However, a few current laws apply to carpet recycling.

California AB 2398 was signed into law September 30, 2010 to increase the diversion and recycling of car- pet in the state of California. The law generates funding to meet its goals through an assessment on each square yard of carpet sold in California. It does not address the use of PFASs in carpets and rugs. California AB 1158 was signed into law October 14, 2017, setting a goal for the state to achieve a 24 percent recycling rate for postconsumer carpet by January 1, 2020, and to meet and exceed that rate continually thereafter.

It requires a carpet stewardship plan to achieve 24 percent recycling rate for postconsumer car- pet by January 2020, and quantifiable 5−year and annu- al goals. It does not address the use of PFASs in carpets and rugs. Therefore, these proposed regulations will not be in- consistent or incompatible with existing state laws or regulations. Comparable Federal Regulation or Statute: This regulation is not based on, identical to, or in con- flict with any federal regulations.

OTHER APPLICABLE REQUIREMENTS PRESCRIBED BY STATUTE California Environmental Quality Act (CEQA) Compliance DTSC has determined that this rulemaking would be exempt from CEQA (Public Resources Code

Section 21000, et seq.) under the “general rule” or “common sense” exemption outlined in California Code of Regu- lations, title 14,

section 15061(b)(3). A draft Notice of Exemption (NOE) is available for review during the 319

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z public comment period upon request and will be filed with the State Clearinghouse if the regulation is finalized. California Environmental Policy Council Review Under the provisions of HSC

section 25252.5, the California Environmental Policy Council (CEPC) re- viewed the framework SCP regulations prior to their adoption in October 2013 (the CEPC Resolution may be viewed at: http://www.calepa.ca.gov/cepc/). Under HSC

Section 25252.5(f), the CEPC determined that the proposed regulations would not have any significant adverse impact on public health or the environment and could be adopted by DTSC without undergoing a multi- media life cycle evaluation. DTSC determined that further review by the CEPC is not warranted for this rulemaking because the require- ments of HSC

section 25252.5 apply only to the cre- ation of the SCP program and not regulations that may be required to implement this program. Peer Review DTSC requested an external scientific peer review of the scientific basis of the proposed regulation pursuant to Health and Safety Code

section 57004. The result of the external scientific peer review is posted to DTSC’s rulemaking website at: https://dtsc.ca.gov/regs/. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS DTSC has determined that adoption of this regulation will not impose a local mandate or result in costs subject to state reimbursement pursuant to

part 7 of division 4, commencing with

section 17500, of the Government Code or other nondiscretionary costs or savings to local agencies. COST OR SA VINGS TO STATE OR LOCAL AGENCIES, OR SCHOOL DISTRICTS SUBJECT TO REIMBURSEMENT DTSC determined that adoption of this regulation will not result in costs or savings for any local agency or school district required to be reimbursed pursuant to

Part 7 of Division 4, commencing with

section 17500 of the Government Code, or other nondiscretionary costs or savings imposed on local agencies. Costs or Savings to Any State Agency: DTSC will absorb additional costs associated with re- viewing Notifications, Abridged AA Reports, or two− stage AA Reports submitted by manufacturers of car- pets and rugs containing any PFASs by reallocating staff to this new task. DTSC estimates that the total fis- cal costs to state government for reviewing all Notifica- tions, Abridged AA Reports, and two−stage AA reports submitted by manufacturers will range from $3,290,000 to $11,590,000.

Local Agencies: DTSC determined that adoption of this regulation will not impose a local mandate or result in costs or sav- ings for any local agency subject to reimbursement pur- suant to

Part 7 of Division 4, commencing with

section 17500, of the Government Code or other nondiscre- tionary costs or savings to local agencies. School Districts: DTSC determined that adoption of this regulation would not result in costs or savings for any school dis- trict required to be reimbursed pursuant to

Part 7 of Di- vision 4, commencing with

section 17500 of the Gov- ernment Code. Federal Funding to the State: DTSC determined that adoption of this regulation will not result in cost or savings in federal funding to the state. DTSC determined that no fiscal impact to federal funding or state programs exists. DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DTSC determined the proposed regulatory action has no significant statewide adverse economic impact di- rectly affecting business.

Following a review of avail- able carpets and rugs market data and survey of affected manufacturers and industry organizations, DTSC de- termined the proposed regulation is not a major regula- tion and is unlikely to have a significant adverse impact on business. Types of Businesses Affected: Manufacturers of car- pets and rugs containing any PFASs have the principal duty to comply with the notification and reporting requirements. Projected Reporting, Recordkeeping, or other Com- pliance Requirements: In accordance with Government Code sections 11346.3(

c) and 11346.5(a)(11), DTSC found that the reporting requirements of the proposed regulatory action, which apply to businesses, are neces- sary for the health, safety, and welfare of the people of the State of California. The specific reporting require- ments and forms are:  Priority Product Notification [section 69503.7]  Removal/Replacement Notifications:  Chemical of Concern Removal Intent Notification [section 69505.2]  Chemical of Concern Removal Confirmation Notification [section 69505.2]  Product Removal Intent Notification [section 69505.2] 320

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z  Product Removal Confirmation Notification [section 69505.2]  Product−Chemical Replacement Intent Notification [section 69505.2]  Product−Chemical Replacement Confirmation Notification [section 69505.2]  Product Cease Ordering Notification [section 69501.2(b)(2)(B)]  AA Notifications and Reports:  AA Threshold Notification [section 69505.3]  AA Extension [section 69505.1(c)]  Preliminary AA Report [section 69505.4(a)(2),

section 69505.5,

section 69505.1(b)(2)(A),

section 69505.7]  Final AA Report [section 69505.4(a)(3),

section 69505.6,

section 69505.1(b)(2)(B),

section 69505.7]  Abridged AA Report [section 69505.4(b)]  Alternate AA Work Plan [section 69505.4(c)]  Previously completed AA [section 69505.4(d)] The reports and forms that will be submitted by a manufacturer depend on several factors including the Priority Products produced, the availability of viable al- ternatives, and business decisions made by the manufacturer. The reporting requirements applicable to manufac- turers may be fulfilled by a consortium, trade associa- tion, public−private partnership, or other entity acting on behalf of, or in lieu of, one or more manufacturer.

This does not apply to the Priority Product Notification or AA Threshold Exemption Notification requirements [section 69501.2(a)(2)]. DTSC has made an initial determination that the adoption of this regulation will not exert a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. DTSC has considered proposed alternatives that would lessen any adverse economic impact on business and invites inter- ested parties to submit proposals. Submissions may in- clude the following considerations: i.

The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to businesses. ii. Consolidation or si mplification of compliance and reporting requirements for businesses. iii. The use of performance standards rather than prescriptive standards. iv. Exemption or partial exemption from the regulatory requirements for businesses.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES DTSC estimates the cumulative cost for all California−based manufacturers of carpets and rugs containing any PFASs to submit Priority Product Noti- fications and AA Reports and to respond to DTSC’s re- views of these submittals to be from $2,259,200 to $6,099,200. DTSC relied on a variety of sources, such as U.S. Census Bureau County Business Patterns and D and B Hoovers databases, to estimate the number of manufacturers potentially impacted by this proposed regulation.

From these data sources, DTSC estimates there are 20 manufacturers of carpets and rugs contain- ing PFASs in California that would be impacted by this proposed regulation.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Creation of New Businesses or Elimination of Existing Businesses: DTSC determined that it is:  Unlikely that this proposal will eliminate or create businesses or jobs in manufacturing of carpets and rugs;  Possible that this proposal could create an unknown number of businesses to assist manufacturers of carpets and rugs containing PFASs in meeting regulatory obligations including consulting services, chemical and material science research services, and product development support;  Possible that this proposal could create an unknown number of public or private sector jobs in consulting services, product research and design, chemical and material science research and support and marketing.

Expansion of Businesses Currently doing Business: DTSC determined that it is possible that this proposal could result in the expansion of businesses currently do- ing business within the state, particularly those engaged in regulatory consulting services, chemical and materi- al science research and support, product research and design and marketing. Effect on Housing Costs: DTSC has made a determination that the proposed regulation will have no significant effect on housing costs. Effect on Small Businesses: DTSC made an initial determination that the adoption of this regulation may affect small businesses.

DTSC estimates that 17 of the 20 potentially impacted manu- facturers are small businesses. Costs to submit Priority 321

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z Product Notifications and AA Reports are expected to be the same for all impacted businesses. Moreover, DTSC estimates that it will take each manufacturer a maximum of 16 hours at $60/hour to complete a Priori- ty Product Notification, or a total of $960. DTSC esti- mates that the cost to each manufacturer for the Priority Product Notification, AA report, and responding to DTSC’s AA report review will be $112,960 to $182,960 for an Abridged AA (Table 1a), and $139,960 to $304,960 for a two−stage AA (Table 1b).

DTSC ex- pects costs to individual manufacturers to be lower if they form a consortium and submit a combined AA. These are one−time notification and reporting require- ments that manufacturers are expected to complete within one year of adoption of the proposed regulation; therefore, there are no ongoing costs.

Benefits of the Regulation on the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: DTSC made an initial determination that the adoption of these regulations may positively affect the health and welfare of California residents, worker safety, and the State’s environment. A reduction in exposure to PFASs could benefit the health of California’s residents and wildlife. The development of safer alternatives benefits California workers, consumers, employers, and the en- vironment.

DTSC cannot predetermine the alternatives that each manufacturer will propose; therefore, it is im- possible to accurately predict or quantify the full range of potential benefits associated with their development. DTSC will maximize the use of alternatives of least concern and give preference to those that provide the greatest level of inherent protection. In general, eco- nomic benefits to California workers and business own- ers may include expanded employment opportunities in the fields of consulting and marketing.

Additional ben- efits may accrue because of increased research and product development collaboration between manufac- turers and California−based research facilities. Institu- tional and corporate financial support of chemical and material science programs focused on developing safer carpet and rug protective treatments could advance the field. These research initiatives could provide manufac- turers with employees that are highly skilled in the re- search and design of products for newly emerging glob- al markets.

CONSIDERATION OF ALTERNATIVES DTSC must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of DTSC would be more effec- tive in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

CONTACT PERSONS Inquiries regarding technical aspects of the proposed regulation or CEQA documents may be directed to Si- mona Balan of DTSC at 510−540−3888 or, if unavail- able, Nancy Ostrom of DTSC at 916−445−3077. How- ever, such oral inquiries are not part of the rulemaking record. A public comment period for the rulemaking has been established commencing on February 28, 2020 and closing on April 13, 2020.

Statements, arguments, or contentions regarding the rulemaking and/or sup- porting documents must be submitted in writing or pre- sented orally or in writing at the public hearing in order for them to be considered by DTSC before it adopts, amends, or repeals these regulations. DTSC will accept statements, arguments or con- tentions, and/or supporting documents regarding this rulemaking submitted in writing either through Cal- SAFER or by mail, or they may be presented orally or in writing at the public hearing.

A V AILABILITY OF TEXT OF PROPOSED REGULATIONS, INITIAL STATEMENT OF REASONS, AND OTHER RULEMAKING DOCUMENTS Copies of the Notice of Proposed Action, Initial Statement of Reasons, all the information upon which this proposal is based, and the express terms of the pro- posed regulation (also known as the proposed regulato- ry text) are posted to DTSC’s Internet website at https://dtsc.ca.gov/regs/. After the close of the comment period, DTSC may adopt the proposed regulation.

If substantial, sufficient- ly related changes are made to the regulatory text, the modified full text (with the changes clearly indicated) will be made available for comment for at least 15 days prior to adoption. Only persons who request the specific proposed regulation, attend the hearing, or provide written comments on this specific regulation will be sent a copy of the modified text if substantial, suffi- ciently related changes are made.

Once DTSC finalizes the regulatory text, DTSC will prepare a Final Statement of Reasons that updates the Initial Statement of Reasons, summarizes how DTSC addressed comments, and includes other materials. A copy of the Final Statement of Reasons will also be posted on DTSC’s Internet site at https://dtsc.ca.gov/ regs/, along with the date the rulemaking is filed with 322

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z the Secretary of State and the effective date of the regu- lation. ALL OTHER QUESTIONS/COMMENTS/INQUIRIES/UPDATES Please direct all written comments, procedural in- quiries, and requests for documents by mail, e−mail, or fax to Ms. Jackie Buttle, Regulations Coordinator, as specified above. To be included in this regulation pack- age’s mailing list and to receive updates of this rulemak- ing, please visit https://dtsc.ca.gov/dtsc−e−lists/ and subscribe to the applicable E−List or e−mail: regs@dtsc.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH FOR A FULLY PROTECTED SPECIES Research on the Blunt−nosed Leopard Lizard (Gambelia sila) The Department of Fish and Wildlife (Department) received a proposal on August 7, 2019, from Dr. Brian Cypher requesting an amendment to his Memorandum of Understanding (MOU) that authorized take of the Blunt−nosed Leopard Lizard (Gambelia sila) (‘BNLL’) for scientific research purposes consistent with conser- vation and recovery of the species.

The BNLL is a Fully Protected reptile and is also listed as Endangered under the California and federal Endangered Species Acts. Dr. Cypher is the Associate Director and Research Ecologist at the Endangered Species Recovery Pro- gram at California State University, Stanislaus. He has been involved in studying BNLL for over 20 years. His previous MOU authorized (1) conducting capture mark recapture (CMR) surveys for BNLL population demog- raphy studies (2) collecting tissue samples for genetic analyses, and (3) x−raying gravid females for reproduc- tive ecology data. Dr.

Cypher is proposing to include marking using passive integrated transponder (PIT) tags during CMR surveys, as well as additional activities deemed neces- sary for the recovery of the species and consistent with the Recovery Plan for Upland Species of the San Joaquin Valley. These may include radio telemetry; conducting focused research experiments, such as in- vestigating climate change adaptation; head starting and captive breeding; and translocation. He is request- ing authorization to conduct research on BNLL throughout the species’ range in accordance with meth- ods approved by the Department and the U.S.

Fish and Wildlife Service (Service). The Department intends to issue, under specified conditions, an MOU to authorize qualified wildlife re- searchers, with Dr. Cypher as the Principal Investigator, to carry out the proposed activities. Dr. Cypher and the researchers are also required to have a valid federal re- covery permit for the BNLL, and a scientific collecting permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 5050(a)(1), the Department may authorize take of Fully Protected reptile species after a 30 days’ notice has been provided to affected and interested parties through publication of this notice. If the Department de- termines that the proposed research is consistent with the requirements of FGC

Section 5050 for take of Fully Protected reptiles, it would issue the MOU on or after March 30, 2020, for an initial and renewable term of up to, but not to exceed, five years. Contact: Laura Patterson, Laura.Patterson@wildlife. ca.gov, 916−373−6633. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH FOR FULLY PROTECTED SPECIES Research on the Blunt−nosed Leopard Lizard (Gambelia sila) The Department of Fish and Wildlife (Department) received a proposal on February 13, 2020, from Dr.

Ro- ry Telemeco requesting authorization to take the Blunt− nosed Leopard Lizard (Gambelia sila) (‘BNLL’) for scientific research purposes consistent with conserva- tion and recovery of the species. The BNLL is a Fully Protected reptile and is also listed as Endangered under the California and federal Endangered Species Acts. Dr. Telemeco is an Assistant Professor in Biology at California State University, Fresno, with extensive ex- perience conducting research on lizards.

His Master’s thesis and PhD dissertation research were on lizard ecology, and he has authored or co−authored over 20 publications on reptile reproductive and thermal ecolo- gy. His proposed research is entitled “Investigating population dynamics, life history, nesting, and develop- ment of Blunt−Nosed Leopard Lizards (Gambelia sila) to inform management.” He is requesting authorization to conduct research on BNLL throughout the species’ range, focusing on the northern−most population in the 323

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z Panoche Plateau of San Benito and Fresno counties, in accordance with methods approved by the Department and the U.S. Fish and Wildlife Service (Service). Dr.

Telemeco’s proposed research includes the fol- lowing components: (1) monthly mark recapture sur- veys to develop a life−table for the Panoche Hills BNLL population; (2) ultrasound examination of gravid fe- males to assess reproductive status, number of eggs, and developmental status; (3) radio tracking females to their nesting locations; (4) opening subterranean nests to insert data loggers and measure eggs; and (5) collect- ing eggs and incubating them in the laboratory to de- scribe effects of the natural environment on offspring survival and phenotype.

This research can help accom- plish some BNLL recovery actions described in the Re- covery Plan for Upland Species of the San Joaquin Valley. The Department intends to issue, under specified conditions, an MOU to authorize qualified wildlife re- searchers, with Dr. Telemeco as the Principal Investiga- tor, to carry out the proposed activities. Dr. Telemeco and the researchers are also required to have a valid fed- eral recovery permit for the BNLL, and a scientific col- lecting permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 5050(a)(1), the Department may authorize take of Fully Protected reptile species after a 30 days’ notice has been provided to affected and interested parties through publication of this notice. If the Department de- termines that the proposed research is consistent with the requirements of FGC

Section 5050 for take of Fully Protected reptiles, it would issue the MOU on or after March 30, 2020, for an initial and renewable term of up to, but not to exceed, five years. Contact: Laura Patterson, Laura.Patterson@wildlife. ca.gov, 916−373−6633.

DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH FOR A FULLY PROTECTED SPECIES Research on the San Francisco Garter Snake (Thamnophis sirtalis tetrataenia) The Department of Fish and Wildlife (Department) received a proposal on October 21, 2018, from Jill Grant requesting authorization to take the San Francis- co Garter Snake (Thamnophis sirtalis tetrataenia) (‘SFGS’), for scientific research purposes, consistent with conservation and recovery of the species. The snake is a Fully Protected reptile and is also listed as En- dangered under the California and federal Endangered Species Acts. Ms.

Grant is requesting authorization to conduct sur- veys for SFGS presence, monitor existing populations, assist with habitat restoration, and salvage dead speci- mens throughout the species’ range in San Mateo, San Francisco, Santa Clara, and Santa Cruz Counties, in ac- cordance with methods approved by the Department and the U.S. Fish and Wildlife Service (Service). The proposed research will use standard capture and handling methods. SFGS will be captured by hand, hand−held reptile stick, and by terrestrial trap lines (i.e., funnel traps and drift fencing).

SFGS body measure- ments and photographs will be taken of each capture. If found, SFGS carcasses may be salvaged and the re- mains donated to a public scientific institution as desig- nated by the Department and the Service. Ms. Grant, and any others working under her permit that are deemed qualified by the Department for this purpose, would conduct the activities described above, in order to provide population, distribution, and habitat association information and assess efficacy of recovery efforts. No adverse effects on individual SFGS or SFGS populations are expected.

The Department intends to issue, under specified conditions, an MOU to authorize qualified professional wildlife researchers, with Ms. Grant as the Principal In- vestigator, to carry out the proposed activities. The re- searchers are also required to have a valid federal recov- ery permit for the snake, and a scientific collecting per- mit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 5050(a)(1), the Department may authorize take of Fully Protected reptile species after a 30 days’ notice has been provided to affected and interested parties through publication of this notice. If the Department de- termines that the proposed research is consistent with the requirements of FGC

Section 5050 for take of Fully Protected reptiles, it would issue the MOU on or after March 30, 2020, for an initial and renewable term of up to, but not to exceed, five years. Contact: Laura Patterson, Laura.Patterson@wildlife. ca.gov, 916−373−6633. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code

Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and 324

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z Health Standards Board of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING: On April 16, 2020, at 10:00 a.m. in the Auditorium of the Harris State Building 1515 Clay Street, Oakland, California. At the Public Meeting, the Board will make time available to receive comments or proposals from inter- ested persons on any item concerning occupational safety and health.

BUSINESS MEETING: On April 16, 2020, at 10:00 a.m. in the Auditorium of the Harris State Building 1515 Clay Street, Oakland, California. At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request.

Any person with a disability requiring an accommoda- tion, auxiliary aid or service, or a modification of poli- cies or procedures to ensure effective communication and access to the public hearings/meetings of the Occu- pational Safety and Health Standards Board should contact the Disability Accommodation Coordinator at (916) 274−5721 or the state−wide Disability Accom- modation Coordinator at 1−866−326−1616 (toll free). The state−wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1−800−735−2929 (TTY) or 1−800−855−3000 (TTY− Spanish).

Accommodations can include modifications of poli- cies or procedures or provision of auxiliary aids or ser- vices. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer− Aided Transcription System or Communication Access Realtime Translation (CART), a sign−language inter- preter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation re- quests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.

A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS DEPARTMENT OF SOCIAL SERVICES Notice is hereby given that the California Department of Social Services (CDSS) maintains an index of cases CDSS has designated as precedential decisions. The in- dex is available on the Internet at http://www.cdss.ca. gov/inforesources/Community−Care−Licensing/ Decisions−Relied−Upon−as−Precedent. This notice is published pursuant to California Gov- ernment Code

section 11425.60, subdivision (c).

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

File# 2020−0107−01 BOARD OF FORESTRY AND FIRE PROTECTION Very High Fire Hazard Severity Zone Adoption, 2019 This action specifies the process by which local agen- cies submit ordinances and maps designating very high fire hazard severity zones to the Board of Forestry and Fire Protection.

Title 14 ADOPT: 1280.00, 1280.02 AMEND: 1280 [renumbered to 1280.01] Filed 02/19/2020 Effective 04/01/2020 Agency Contact: Edith Hannigan (916) 862−0120 File# 2020−0203−01 BUREAU OF CANNABIS CONTROL Quick Response Code Certificate Requirements for Cannabis Licensees In this emergency regulatory action, the Bureau of Cannabis Control amends its regulations to require li- censed retailers of cannabis goods to prominently dis- play the Quick Response Code (QR Code) issued by the Bureau so that it can be viewed and scanned from out- side of the licensed premises.

Licensed distributor em- ployees and delivery employees of licensed retailers are also required to carry a copy of the QR Code. Title 16 AMEND: 5039, 5311, 5415 Filed 02/13/2020 Effective 02/13/2020 Agency Contact: Kaila Fayne (916) 465−9120 325

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z File# 2020−0211−02 BUREAU OF REAL ESTATE APPRAISERS Minimum Experience This rulemaking action amends the requirements to obtain a temporary practice permit and streamlines the process to apply for an appraiser license.

Title 10 AMEND: 3525, 3541 REPEAL: 3542 Filed 02/19/2020 Effective 04/01/2020 Agency Contact: Kyle Muteff (916) 341−6126 File# 2020−0211−01 CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE Qualified Residential Rental Program (QRRP) Self−Scoring W orksheet and Allowing Additional Time for Application This emergency rulemaking by the California Debt Limit Allocation Committee amends regulations relat- ing to the Qualified Residential Rental Program and is a deemed emergency pursuant to Government Code sec- tion 8869.94.

Title 4 AMEND: 5000, 5035, 5180 Filed 02/19/2020 Effective 02/19/2020 Agency Contact: Isaac Clark III (916) 651−8484 File# 2020−0102−02 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications In this rulemaking action, the Commission amends its regulations to update its document incorporated by reference, entitled Training and Testing Specifications for Peace Officer Basic Courses. The updates modify the training and testing specifications for Learning Do- mains 3, 20, 34, and 35.

Title 11 AMEND: 1005, 1007, 1008 Filed 02/14/2020 Effective 04/01/2020 Agency Contact: Maria Sandoval (916) 227−2802 File# 2020−0107−03 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Presentation The Commission on Peace Officer Standards and Training filed this rulemaking action to amend a regula- tion to clarify course presenter documentation of course participation.

Title 11 AMEND: 1055 Filed 02/12/2020 Effective 04/01/2020 Agency Contact: Raymund Nanadiego (916) 227−4852 File# 2020−0115−03 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Certification The Commission on Peace Officer Standards and Training filed this rulemaking action to amend a regula- tion that sets forth requirements for the certification of courses for increasing the effectiveness of law enforce- ment.

Title 11 AMEND: 1052 Filed 02/12/2020 Effective 04/01/2020 Agency Contact: Melanie Dunn (916) 227−4866 File# 2019−1231−01 DEPARTMENT OF CORRECTIONS AND REHABILITATION Division of Juvenile Justice — Transition from Title 15 to Title 9 In this action without regulatory effect, the Depart- ment of Corrections and Rehabilitation (Department) transfers regulations applicable to the Division of Juve- nile Justice (Division) from Title 15 to Title 9 as part of the process to transfer the Division to the Health and Human Services Agency pursuant to Government Code

section 12820. In addition, this action updates cross− references and fixes typos. Title 9, 15 AMEND: 4002 [renumbered to 30000], 4003 [renumbered to 30001], 4004 [renumbered to 30003], 4600 [renumbered to 30003], 4611 [renum- 326

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z bered to 30025], 4618 [renumbered to 30026], 4724 [renumbered to 30130], 4725 [renumbered to 30132], 4705 [renumbered to 30140], 4760 [renum- bered to 30150], 4762 [renumbered to 30151], 4766 [renumbered to 30160], 4767 [renumbered to 30170], 4199 [renumbered to 30185], 4699 [renum- bered to 30201], 4701 [renumbered to 30207], 4139 [renumbered to 30224], 4121 [renumbered to 30230], 4122 [renumbered to 30232], 4124 [renum- bered to 30234], 4125 [renumbered to 30235], 4750 [renumbered to 30260], 4750.1 [renumbered to 30261], 4751 [renumbered to 30262], 4696 [renum- bered to 30275], 4720 [renumbered to 30300], 4720.1 [renumbered to 30302], 4721 [renumbered to 30304], 4723 [renumbered to 30305], 4694 [renumbered to 30400], 4692 [renumbered to 30410], 4695 [renumbered to 30421], 4130 [renum- bered to 30422], 4131 [renumbered to 30445], 4132 [renumbered to 30450], 4690 [renumbered to 30455], 4691 [renumbered to 30457], 4134 [renum- bered to 30458], 4135 [renumbered to 30459], 4137 [renumbered to 30460], 4138 [renumbered to 30461], 4703 [renumbered to 30462], 4698 [renum- bered to 30488], 4085 [renumbered to 30500], 4086 [renumbered to 30501], 4087 [renumbered to 30502], 4088 [renumbered to 30503], 4089 [renum- bered to 30504], 4090 [renumbered to 30505], 4091 [renumbered to 30506], 4092 [renumbered to 30507], 4093 [renumbered to 30508], 4095 [renum- bered to 30509], 4096 [renumbered to 30510], 4098 [renumbered to 30511], 4102 [renumbered to 30512], 4103 [renumbered to 30513], 4104 [renum- bered to 30514], 4105 [renumbered to 30515], 4106 [renumbered to 30516], 4670 [renumbered to 30525], 4671 [renumbered to 30526], 4672 [renum- bered to 30527], 4673 [renumbered to 30528], 4675 [renumbered to 30529], 4621.1 [renumbered to 30535], 4621.2 [renumbered to 30536], 4617 [renumbered to 30540], 4622 [renumbered to 30541], 4621 [renumbered to 30542], 4730 [renum- bered to 30600], 4732 [renumbered to 30601], 4733 [renumbered to 30602], 4734 [renumbered to 30603], 4735 [renumbered to 30604], 4736 [renum- bered to 30605], 4737 [renumbered to 30606], 4739 [renumbered to 30607], 4740 [renumbered to 30608], 4742 [renumbered to 30656], 4743 [renum- bered to 30657], 4745 [renumbered to 30658], 4746 [renumbered to 30661], 4746.5 [renumbered to 30663], 4747 [renumbered to 30664], 4744 [renum- bered to 30690], 4630 [renumbered to 30700], 4632 [renumbered to 30701], 4634 [renumbered to 30702], 4635 [renumbered to 30703], 4636 [renum- bered to 30704], 4641 [renumbered to 30705], 4642 [renumbered to 30706], 4643 [renumbered to 30707], 4644 [renumbered to 30708], 4645 [renum- bered to 30709], 4646 [renumbered to 30710], 4647 [renumbered to 30711], 4648 [renumbered to 30712], 4649 [renumbered to 30713], 4650 [renum- bered to 30714], 4652 [renumbered to 30715], 4653 [renumbered to 30716], 4704 [renumbered to 30913], 4141 [renumbered to 30914], 4637 [renum- bered to 30915], 4639 [renumbered to 30916], 4002.5 [renumbered to 30935], 4603 [renumbered to 30936], 4710 [renumbered to 30945], 4711 [renumbered to 30946], 4712 [renumbered to 30947], 4140 [renumbered to 30948], 4713 [renum- bered to 30955], 4714 [renumbered to 30956], 4697 [renumbered to 30958], 4133 [renumbered to 30965], 4680 [renumbered to 30975], 4681 [renum- bered to 30976], 4684 [renumbered to 30977], 4685 [renumbered to 30978], 4034.0 [renumbered to 30985], 4034.1 [renumbered to 30986], 4034.2 [renumbered to 30987], 4034.3 [renumbered to 30988], 4034.4 [renumbered to 30989], 4700 [renumbered to 31100], 4253 [renumbered to 31150], 4146 [renumbered to 31200], 4148 [renum- bered to 31201], 4149.8 [renumbered to 31205], 4151 [renumbered to 31210], 4151.5 [renumbered to 31211], 4152 [renumbered to 31212], 4152.5 [renumbered to 31213], 4152.6 [renumbered to 31214], 4153.5 [renumbered to 31215], 4155.5 [renumbered to 31220], 4156 [renumbered to 31221], 4156.5 [renumbered to 31222], 4156.6 [renumbered to 31223], 4157 [renumbered to 31224], 4159 [renumbered to 31230], 4160 [renum- bered to 31231], 4160.5 [renumbered to 31232], 4161 [renumbered to 31233], 4161.3 [renumbered to 31234], 4162 [renumbered to 31235], 4162.5 [renumbered to 31236], 4166 [renumbered to 31300], 4168 [renumbered to 31305], 4168.5 [renumbered to 31306], 4168.7 [renumbered to 31307], 4169 [renumbered to 31308], 4169.5 [renumbered to 31309], 4169.9 [renumbered to 31310], 4170.5 [renumbered to 31320], 4171 [renumbered to 31321], 4171.5 [renumbered to 31322], 4173 [renumbered to 31323], 4174 [renum- bered to 31324], 4174.5 [renumbered to 31325], 4174.6 [renumbered to 31326], 4197 [renumbered to 31340], 4197.1 [renumbered to 31341], 4197.2 [renumbered to 31342], 4197.3 [renumbered to 31343], 4197.4 [renumbered to 31344], 4198 [renumbered to 31345], 4190 [renumbered to 31375], 4191 [renumbered to 31376], 4143.1 [renumbered to 31400], 4143.2 [renumbered to 31401], 4143.3 [renumbered to 31402], 4143.4 [renumbered to 31420], 4143.5 [renumbered to 31421], 4143.6 [renumbered to 31422], 4175.5 [renumbered to 31500], 4178 [renumbered to 31505], 4178.5 [renumbered to 31506], 4179 [renumbered to 31507], 4179.5 [renumbered to 327

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 9-Z 31508], 4180 [renumbered to 31509], 4180.5 [renumbered to 31510], 4181 [renumbered to 31511], 4182 [renumbered to 31512], 4184 [renum- bered to 31520], 4184.5 [renumbered to 31521], 4185 [renumbered to 31522], 4185.5 [renumbered to 31523], 4186 [renumbered to 31524], 4186.5 [renumbered to 31525], 4187 [renumbered to 31526], 4188.5 [renumbered to 31535], 4036 [renumbered to 31605], 4037 [renumbered to 31606], 4039 [renumbered to 31607], 4043 [renum- bered to 31608], 4045 [renumbered to 31609], 4046 [renumbered to 31610], 4047 [renumbered to 31611] Filed 02/13/2020 Agency Contact: Shelly Jones (916) 683−7473 File# 2020−0110−03 DEPARTMENT OF INSURANCE LCA Plan of Operations LC 19−03, 19−04 This file and print action by the Department of Insur- ance amends the California Automobile Low Cost Pro- gram Plan of Operations.

This action is exempt from the Administrative Procedure Act pursuant to California Insurance Code

section 11620(c). Title 10 AMEND: 2498.6 Filed 02/12/2020 Effective 02/12/2020 Agency Contact: Michael Riordan (415) 538−4226 File# 2020−0107−04 DEPARTMENT OF PUBLIC HEALTH Definition of Social Worker Revision The Department of Public Health filed this action to amend regulations governing state licensing of health facilities. The amendments set forth qualifications for social workers employed at these facilities and related services provided, based on the type of licensed entity and the needs of the persons served by them.

Title 22 AMEND: 73103, 73449, 74023, 74653, 74713, 76149, 78097, 78339 Filed 02/19/2020 Effective 04/01/2020 Agency Contact: Hannah Strom−Martin (916) 440−7371 File# 2020−0206−02 STATE ALLOCATION BOARD Full−Day Kindergarten Facilities Grant Program; SB 75 Amendments The State Allocation Board (SAB) is implementing changes to the Full−Day Kindergarten Facilities Grant Program (FDKFGP). The FDKFGP has been amended by Senate Bill 75,

Chapter 32, Statutes of 2018, which appropriates another $300 million to FDKFGP and modifies program eligibility and funding criteria. SAB is making changes to reflect the modifications from SB 75 including a change to the matching shares for local school districts to retrofit existing school facilities or to construct new facilities to 25% where before it was 40% required to retrofit and 50% for new construction.

Title 2 AMEND: 1860, 1860.02, 1860.3, 1860.4, 1860.05, 1860.06, 1860.10, 1860.11, 1860.13, 1860.15, 1860.18, 1860.19 Filed 02/18/2020 Effective 02/18/2020 Agency Contact: Lisa Jones (916) 376−1753 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit www.oal.ca.gov. 328