REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 9−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 1, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM Personal Trading Regulations — Notice File No. Z2019−0219−04 ....................................... 295 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2019−0219−09 .......................................... 298 Amendment Multi−County: Sutter−Yuba Behavioral Health TITLE 4.

CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY Investment in Mental Health Grant Program — Notice File No. Z2019−0219−01 ........................... 299 TITLE 4. CALIFORNIA HORSE RACING BOARD Occupational Licenses and Fees — Notice File No. Z2019−0208−01 ..................................... 304 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Construction Safety Orders and General Industry Safety Orders — Single−User T oilet Facilities — Notice File No. Z2019−0219−07 ................................................... 311 TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders — Outdoor Agricultural Operations During Hours of Darkness — Notice File No. Z2019−0219−08 ................................................ 314 TITLE 10. CALIFORNIA SECURE CHOICE RETIREMENT SA VINGS INVESTMENT BOARD CalSavers Retirement Savings Program — Notice File No. Z2019−0219−11 ................................ 319 TITLE 11. DEPARTMENT OF JUSTICE Electronic Recording Delivery System — Notice File No. Z2019−0215−01 ................................. 324 TITLE 14.

SAN FRANCISCO BAY CONSERV ATION AND DEVELOPMENT COMMISSION Amend Commission Permit Application Fees — Notice File No. Z2019−0215−02 ........................... 327

TITLE 17. AIR RESOURCES BOARD Amendments to California Air Resources Board (CARB)’ s Certified Regulatory Program (CRP) — Notice File No. Z2019−0212−05 .................................................. 330 TITLE 24. BUILDING STANDARDS COMMISSION Emergency Building Standards — 2016 California Administrative Code — Extension to Alfred E. Alquist Hospital Facilities Seismic Safety Act (Assembly Bill 2190 Chaptered as 673 adding Sections 130062 and 130066 to HSC) — Notice File No.

Z2019−0219−02 .................................................................. 334 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination No. 2080−2019−001−05, Cielo Vista Residential Development Project, County of Orange ......................................... 337 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination No. 1653−2019−031−001−R1, Little Lost Man Creek Project, Humboldt County ............................ 340

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 342 Sections Filed, September 19, 2018 to February 20, 2019 .............................................. 344 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 2019, VOLUME NO. 9-Z 295 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 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM California Code of Regulations Title 2. Administration Division 1. Administrative Personnel

Chapter 2. Board of Administration of Public Employees’ Retirement System NOTICE IS HEREBY GIVEN that the Board of Ad- ministration (Board) of the California Public Employ- ees’ Retirement System (CalPERS) is proposing to take the regulatory action described below in the Informa- tive Digest after considering public comments, objec- tions, and recommendations regarding the proposed regulatory action. I. PROPOSED REGULATORY ACTION In this filing, the Board proposes to amend the Sec- tion 558.1 to

Article 1 of Subchapter 1 of Division 1 of Title 2 of the California Code of Regulations (CCR). The proposed regulation would ensure that

(1) CalPERS fully complies with federal and state laws around the misuse of material, non−public information and

(2) CalPERS’ employees and their spouses have a clear understanding of the agency’s personal trading requirements. II. WRITTEN COMMENT PERIOD Any interested person may submit written comments relevant to the proposed regulatory action. The written comment period has been established commencing on March 1, 2019 and closing on April 15, 2019. The Reg- ulation Coordinator must receive all written comments by the close of the comment period.

Comments may be submitted via fax at (916) 795−4607; emailed to Regulation_coordinator@calpers.ca.gov or mailed to the following address: Anthony Martin, Regulation Coordinator California Public Employees’ Retirement System P.O. Box 942702 Sacramento, CA 94229−2702 Phone: (916) 795−3038 III. PUBLIC HEARING A public hearing will not be scheduled unless an in- terested person, or his or her duly authorized represen- tative, submits a written request for a public hearing to CalPERS no later than 15 days prior to the close of the written comment period.

Notice of the time, date, and place of the hearing will be provided to every person who has filed a request for notice with CalPERS. IV . ACCESS TO HEARING ROOM The CalPERS Auditorium will be accessible to per- sons with mobility impairments, and it can be made ac- cessible to persons with hearing or visual impairments upon advance request to the CalPERS Regulation Coordinator. V .

AUTHORITY AND REFERENCE CalPERS authority to make the proposed amendment to the California Code of Regulations derives from the CalPERS Board of Administration’s plenary authority and fiduciary responsibility over the assets of the public retirement system, pursuant to the California Constitu- tion (Section 17 of

Article XVI) and the Public Employ- ees’ Retirement Law (PERL) (California Government Code, Title 2, Division 5,

Part 3), including Govern- ment Code sections 20120 and 20121. The proposed amendment to

section 558.1 implement, interpret and make specific Government Code sections 19990, 87200 and 87300. VI. INFORMATIVE DIGEST Existing law recognizes the Board’s authority to reg- ulate the personal trading of identified Covered Em- ployees.

Section 20120 and 20121 of the California Government Code permits the Board to make such rules as it deems proper. Rule 204A−1 under the Investment Advisers Act of 1940 (“Advisers Act”) requires each registered investment adviser to adopt a written code of ethics. A code of ethics must require that employees comply with applicable federal securities laws and im- pose restrictions and monitoring requirements over the personal trading of securities by certain employees. Al- though CalPERS is not governed by the Advisers Act, CalPERS is still bound by the anti−fraud provisions of

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 296 the federal securities laws, including the prohibition on insider trading and other forms of market manipulation.

The need to ensure compliance with the federal securi- ties laws through compliance programs and appropriate regulations was underscored in 2008 when the Securi- ties and Exchange Commission issued a report of inves- tigation concerning potential violations of federal secu- rities laws by the Retirement System of Alabama (https://www.sec.gov/litigation/investreport/34− 57446.htm), that all “access persons” report their per- sonal securities transactions and holdings to the chief compliance officer for review. (17 CFR § 275.204A−1(a)(3)).

This provision is modeled on Rule 17j−1 under the 1940 Act, which requires that in- vestment companies have procedures in place to pre- vent their personnel from abusing their access to infor- mation about the investment company’s securities trad- ing and requires access persons to submit reports peri- odically containing information about their personal se- curities holdings and transactions. (17 CFR § 270.17j−1(c)(2)). To meet these requirements, the proposed regulation provides as follows.

First, the proposed regulation seeks to refine the defi- nition of “Covered Persons” in a manner that more closely aligns with SEC recommendations and that ad- dresses various functional re−organizations that have occurred in CalPERS since the adoption of the regula- tion in 2012. Second, the proposed regulation seeks to align CalPERS rules with recent SEC guidance. This in- cludes guidance around Exchange Traded Funds (ETFs) and Managed Accounts. Third, the proposed regulation seeks to clarify areas of the previous regulation that caused confusion or were open to multiple

interpretations. This includes clarifica- tions around holding periods for derivatives, accounts held at non−designated brokerages, and certification of managed accounts. Policy Statement Overview/Anticipated Benefits The primary purpose and benefit of the proposed reg- ulation is to ensure that

(1) CalPERS complies with fed- eral and state laws prohibiting the misuse of material, non−public information; and,

(2) CalPERS’ employees and their spouses have a clear understanding of the agency’s personal trading requirements. The federal and state laws are designed to ensure that the market- place for securities is fair and to deter individuals from improperly utilizing non−public information to the detriment of other market participants. There are two principal authorizing statutes. The statutes vest in the Board management and control of the retirement system, and authorize the Board to make such rules as it deems proper, respectively. (Cal. Gov.

Code §§ 20120, 20121.) Consistency and Compatibility with Existing Regulations CalPERS evaluated whether there were any other laws or state regulations on this topic and has concluded that the proposed regulation is neither inconsistent nor incompatible with existing law or existing state regulations. Pre−notice Consultation with the Public No pre−notice consultation was done with the public, as the proposed regulation does not involve complex proposals or a large number of proposals that cannot easily be reviewed during the comment period. VII.

EFFECT ON SMALL BUSINESS The proposed regulatory action does not affect small business because it applies only to CalPERS Board members, employees, and their spouses. VIII. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION A. MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS: The proposed regulatory action does not impose any mandates on local agencies and school districts. B. COSTS OR SA VINGS TO ANY STATE AGENCY: The proposed regulatory action will not result in any additional costs or savings to any State agency. C.

COSTS TO ANY LOCAL AGENCY OR SCHOOL DISTRICT: The proposed regulatory action will not result in any costs on any local agency or school district. D. NONDISCRETIONARY COSTS OR SA VINGS IMPOSED ON LOCAL AGENCIES: The proposed regulatory action does not impose any nondiscretionary costs or savings on local agencies. E. COSTS OR SA VINGS IN FEDERAL FUNDING TO THE STATE: The proposed regulatory action will not result in additional costs or savings in federal funding to the State. F.

ADVERSE ECONOMIC IMPACT: The proposed regulatory action will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. G. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES: CalPERS is not aware of any cost impacts that a representative private person or business would

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 297 necessarily incur in reasonable compliance with the proposed regulatory action. H. RESULTS OF THE ECONOMIC IMPACT ANALYSIS: The proposed regulatory action: (1) will not create or eliminate jobs within California; (2) will not create new businesses or eliminate existing businesses within California; and (3) will not affect the expansion of businesses currently doing business within California. I. EFFECT ON HOUSING COST: The proposed regulatory action has no effect on housing cost. J.

COSTS TO ANY LOCAL AGENCY OR SCHOOL DISTRICT WHICH MUST BE REIMBURSED IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 17500 THROUGH 17630: there are no costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630. IX. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the regulatory action is proposed, or would be as effective as, and less burdensome to, affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. X. CONTACT PERSON Please direct inquiries concerning the proposed regu- latory action to: Anthony Martin, Regulation Coordinator California Public Employees’ Retirement System P.O. Box 942702 Sacramento, CA 94229−2702 Phone: (916) 795−3038 The backup contact for these inquiries is: Christina Nutley, Regulation Coordinator California Public Employees’ Retirement System P.O.

Box 942702 Sacramento, CA 94229−2702 Phone: (916) 795−3038 Please direct requests concerning the copies of the proposed text (the “express terms”) of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information about pro- cessing of this regulatory action to Evan Bailey, Regu- lation Coordinator, at Regulation_coordinator@ calpers.ca.gov. XI. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The entire rulemaking file is available for public in- spection through the Regulation Coordinator at the ad- dress shown in

section II. To date, the file consists of this Notice, the proposed text of the regulations, the Ini- tial Statement of Reasons, the Economic Impact As- sessment, and the Economic and Fiscal Impact State- ment. A copy of the proposed text, the Initial Statement of Reasons, the Economic Impact Assessment, and the Economic and Fiscal Impact Statement is available at no charge upon telephone or written request to the Reg- ulation Coordinator. For immediate access, the regulatory material regard- ing this action can be accessed at CalPERS’ website at www.calpers.ca.gov. XII.

A V AILABILITY OF CHANGED OR MODIFIED TEXT The Board may, on its own motion or at the recom- mendation of any interested person, modify the pro- posed text of the regulations after the public comment period closes. If the Board modifies its regulatory action, it will pre- pare a comparison of the original proposed text and the modifications for an additional public comment period of not less than 15 days prior to the date on which the Board adopts, amends, or repeals the resulting regula- tion.

A copy of the comparison text will be mailed to all persons who submitted written comments or asked to be kept informed as to the outcome of this regulatory action. XIII. A V AILABILITY OF THE FINAL STATEMENT OF REASONS The Final Statement of Reasons can be obtained, once it has been prepared, by written request to Evan

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 298 Bailey, Regulation Coordinator, at the address shown above in

Section II. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Sutter−Yuba Behavioral Health A written comment period has been established com- mencing on March 1, 2019, and closing on April 15, 2019.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than April 15, 2019. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 299 TITLE 4. CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY The California Health Facilities Financing Authority (“Authority”) proposes to adopt the regulations de- scribed below after considering all comments, objec- tions and recommendations regarding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action.

However, the Authority will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulatory action to the Authority. Comments may also be submitted by facsimile (FAX) at (916) 654−5362 or email at chffa@treasurer.ca.gov. The writ- ten comment period closes at 5:00 p.m. (PT) on, April 15, 2019.

The Authority will consider only comments received by the Authority office by that time. Please submit comments to: Sondra Jacobs Program Manager California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Following the written comment period, the Authority may thereafter adopt the proposed regulations substan- tially as described below or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of nonsubstan- tive, technical or grammatical changes, the full text of any modified proposed regulations will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification. Copies of the proposed regulations and the Initial Statement of Reasons are available from the office list- ed on the following page. This notice, the Initial State- ment of Reasons and the text of the proposed regula- tions are available on the internet at https://www. treasurer.ca.gov/CHFFA/imhwa/index.asp.

The In- vestment in Mental Health Wellness Act of 2013, as codified in Welfare and Institutions Code, Division 5,

Part 3.8, commencing with

Section 5848.5, was amend- ed in the Statutes of 2016, thereby expanding the Act to include a continuum of crisis services for children and youth 21 years of age and under. The Investment in Mental Health Wellness Grant Program for Children and Y outh regulations and the enacting statute are avail- able at https://www.treasurer.ca.gov/CHFFA/imhwa/ index.asp. This information is also available to the pub- lic as is all information that the Authority considered as the basis for these proposed regulations, at the address listed below.

Following its preparation, the Final Statement of Reasons will be available from the office listed below: California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Telephone: (916) 653−2799 Facsimile: (916) 654−5362 Email: chffa@treasurer.ca.gov AUTHORITY AND REFERENCE CITATIONS The Authority adopts these regulations under the au- thority granted in

Section 5848.5 and 5848.6, Welfare and Institutions Code, and cites the following refer- ence:

Section 5848.5, Welfare and Institutions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was established in 1979 and operates pursuant to the California Health Facilities Financing Authority Act in the Government Code Sections 15430−15462.5. Welfare and Institutions Code

Section 5848.5 was ex- panded with the passage of SB 833 (Chapter 30, Statutes of 2016,

Section 20) to charge the Authority with the responsibility for development of regulations to establish specific selection criteria for Grant awards, define eligible costs, and determine minimum and max- imum grant amounts for the purpose of increasing ca- pacity for: a. Crisis stabilization b. Crisis residential treatment c. Mobile crisis support teams d. Family respite care for children and youth age 21 years and under and/or their families as appropriate. (Welfare and Institutions Code 5848.5, subdivision (f)(1) and (f)(2)). The Legislature also charged the Authority, through

Section 5848.5, subdivisions (b)(8)(

D) and (b)(8)(

E) to ensure that the objectives of adding “at least 200 mobile crisis support teams” and “at least 120 crisis stabiliza-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 300 tion services and beds and crisis residential treatment beds to increase capacity at the local level” is achieved. To comply with the statutory mandate, these regula- tions provide the framework for eligible parties to apply for grant funds to expand mental health crisis services for children and youth 21 years of age and under, throughout California. These regulations include rele- vant

definitions; descriptions of eligible applicants, projects, and costs; maximum grant amounts by county; the application process; the evaluation criteria the Au- thority will use to make grant award determinations; the process by which allocations will be made; the terms and conditions grant recipients will need to agree to; and other provisions related to the administration of the Program.

The Authority anticipates these regulations will ben- efit children and youth 21 years of age and under with mental health disorders through the awarding of Grant funds for the specific purpose of increasing services to this population. These regulations are compatible and consistent with the intent of the Legislature in expand- ing the language contained in Welfare and Institutions Code

section 5848.5 to include children and youth 21 years of age and under. The law made provisions for regulations to be devel- oped as emergency regulations and provided the lan- guage to justify the need for the emergency as necessary for the immediate preservation of the public peace, health and safety, or general welfare in

Section 5848.6, Welfare and Institutions Code which reads in part: “Any emergency regulations that may be adopted by the California Health Facilities Financing Authority, as described in paragraph (8) of subdivision (

d) of

Section 5848.5, shall be adopted in accordance with the Administrative Procedures Act. . .” “The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.” The regulations were submitted to the Office of Ad- ministrative Law (OAL) as emergency regulations.

The OAL approved the emergency regulatory action that became effective on November 26, 2018 and will expire on May 29, 2019, during which time the Authority must file the Certificate of Compliance. (The Certificate of Compliance is the process by which these regulations become permanent.) DOCUMENTS INCORPORATED BY REFERENCE Investment in Mental Health Wellness Grant Program for Children and Youth Application, Form No. CHFFA 7 CY−01 (09/2018) Request for Disbursement Form No. CHFFA 7 CY−02 (09/2018) Actual Expenditures Report Form No. CHFFA 7 CY−03 (09/2018) Certificate of Completion & Final Report Form No.

CHFFA 7 CY−04 (09/2018) DUPLICATION OF REGULATIONS The following is a list of the sections within the In- vestment in Mental Health Wellness Grant Program for Children and Youth Application and Certificate of Completion & Final Report where a

section of the In- vestment in Mental Health Wellness Grant Program for Children and Youth regulations are duplicated. The Authority has included the regulatory language in the Application and the Certificate of Completion & Final Report for purposes of satisfying the requirement for clarity of regulations and forms incorporated by reference. Investment in Mental Health Wellness Grant Program for Children and Youth Application Form No. CHFFA 7 CY−01 (09/2018): Evaluation Criteria — Pages 9−13 Paraphrased Regulations,

Section 7319 — Evaluation Criteria, subdivisions (a)(1) through (a)

(4) Evaluation Criteria — Pages 14−18 Paraphrased Regulations,

Section 7319.1 — Evaluation Criteria, subdivisions (a)(1) through (a)

(4) Certificate of Completion & Final Report Form No. CHFFA 7 CY−04 (09/2018):

Part III: Program Outcome Crisis Residential Treatment, Crisis Stabilization and Mobile Crisis Support Team Program(s), items (

a) through (

h) Verbatim Regulations,

Section 7319 — Evaluation Criteria, subdivision (a)

(3) CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 301 Family Respite Care Program, items (

a) through (

f) Verbatim Regulations,

Section 7319.1 — Evaluation Criteria, subdivision (a)

(3) STATEMENT OF NECESSITY

Section 7313 —

Definitions This

section provides

definitions for terms: (

a) Where the definition may differ from that found in a dictionary. For example, “Authority”, as defined within these regulations, refers specifically to the Cali- fornia Health Facilities Financing Authority. (

b) That may be unfamiliar to the users of the regula- tions. For example, “Audited Financial Statements” means an examination and report of an independent ac- counting firm on the financial activities of a public agency or private nonprofit corporation. Users of the regulations may be unfamiliar with this accounting term. (

c) That are unique to the California Health Facilities Financing Authority and the process for awarding of Grant funds. For example, an “Initial Allocation” is the Grant amount that is recommended to the Authority for Final Allocation. “Final Allocation” is the Grant amount that is approved by the Authority.

Section 7314 — Eligibility This

section places into regulation, Welfare and insti- tutions Code

Section 5848.5, subdivision (

f) that speci- fies the entities that are eligible to apply for a Grant, specifically to serve children and youth, 21 years of age and under. This

section provides clarity to the users of the regulations.

Section 7315 — Eligible Project Costs This

section provides the users of the regulations in- formation as to the specific costs that are eligible for Capital Funding under this Grant Program. Additional stipulations on the use of the Grant funds are also pro- vided, such as eligible costs include only those costs in- curred during the Grant Period, Grant funds shall only be used for costs directly related to and essential for the completion of the Project, etc.

Section 7316 — Grant Application This

section provides those entities that will be apply- ing for Grant funds important information regarding availability of the Application form, number of copies of Application to be submitted, etc.

Section 7317 — Funding Rounds and Application Deadlines This

section informs users of the regulations where information on the funding rounds is available, includ- ing the deadline dates for the first funding round and subsequent funding rounds (if needed).

Section 7318 — Maximum Grant Amounts This

section provides the amounts of Grant funds that are available for Capital Funding, based on County Population and the amount of Personnel Funding avail- able, based on the Region in which the eligible entity is located. Provisions are made for Grant funds remaining after awarding of Final Allocations in the first Funding Round.

Section 7319 — Evaluation Criteria for Crisis Stabilization, Crisis Residential Treatment and Mobile Crisis Support Teams This

section provides the users of the regulations with the specific criteria that will be evaluated and scored for entities requesting Grant funds for the programs cited in the

section title, specifically, crisis stabilization, crisis residential treatment, and mobile crisis support teams.

Section 7319.1 — Evaluation Criteria for Family Respite Care Program This

section provides the users of the regulations with the specific criteria that will be evaluated and scored for entities requesting Grant funds for a Family Respite Care Program.

Section 7320 — Initial Allocation Initial Allocation is a term defined in

Section 7313. The use of the term Initial Allocation is unique to the Grant process as used by the California Health Facili- ties Financing Authority. The Initial Allocation is the recommendation by the Authority Staff, to the Authori- ty, for a specific Application submitted for Grant funds. It is necessary for users of the regulations to understand that the Initial Allocation is a “recommendation” and does not guarantee that Grant funds will be awarded or that the amount of the Grant funds will be what was re- quested on the Application or listed on the Initial Allo- cation letter.

The Authority makes the final determina- tions based on staff recommendations. The process for arriving at the Initial Allocation is outlined in this section.

Section 7321 — Appeals This

section provides an appeal process for those en- tities that submitted an Application for which the Au- thority staff determined not to recommend a Grant, or an appeal of the amount of the Initial Allocation recom- mended by the Authority staff. This

section provides in- formation on the timeline for appeals and information on the review process and decision of such appeals.

Section 7322 — Final Allocation This

section provides information that Final Alloca- tions will be determined by the Authority at a public meeting, and Applicants approved for Final Allocations will be sent Grant Award Letters that provides specific information to the Grantees.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 302

Section 7323 — Use of the Grant This

section informs users of the regulations of limi- tations on the use of Grant funds and that any change in the use of the Grant funds requires the approval of the Authority that the use of Grant funds is limited to that as described in the Grant Agreement and that the funds may supplement but not supplant existing resources or financial commitments. (See

Section 7324)

Section 7324 — Grant Agreement This

section provides, in regulation, the terms and conditions of the Grant that will be specified in the Grant Agreement. Grant funds cannot be disbursed un- til the Grant Agreement is executed by the Authority and the Grantee.

Section 7325 — Release of Grant Funds This

section informs Grantees of the requirements and documentation that shall be completed before the Grant funds may be released. The documentation re- quired varies depending on what the Grant funds will be/were used for. For example, the documentation re- quired for a construction or renovation project is differ- ent than the documentation required for the acquisition of real property.

Section 7325.1 — Grant Funds to a Designated Private Nonprofit Corporation or Public Agency for Real Property Acquisition, Construction or Renovation This

section informs Grantees that a private nonprofit corporation or public agency may receive Grant funds directly if a county, or Counties Applying Jointly sup- port this designation. This

section contains the require- ments/conditions that the nonprofit corporation or pub- lic agency shall agree to in order for the Grant funds to be released to the private nonprofit corporation or pub- lic agency.

Section 7326 — Requirements for Construction Projects on Leased Property This

section informs Grantees that Grant funds may be used for construction or renovation of property on leased property. This

section is necessary as the Grant funds will be used for payment of the construction and/ or improvement of the leased property. It is the respon- sibility of the Authority, as a governmental agency, to protect the use of Grant funds for their intended pur- pose. Specific requirements must be satisfied in order for Grant funds to be used on property leased to the Grantee.

Section 7327 — Recovery of Funds for Non−Performance and Unused Grant Funds; Remedies This

section specifies circumstances under which the Authority may require remedies that include the forfei- ture and return of the Grant funds. Provision is also made for the return to the Authority of any unused funds and any unused interest earnings.

Section 7328 — Reporting Requirements This

section informs Grantees of specific reports that shall be submitted to the Authority during the Grant pe- riod and the timeline for submission of these reports.

Section 7329 — Records Retention, Inspections and Audits This

section informs Grantees of the timeframe for records retention and also notifies Grantees that the Au- thority may perform site visits during the Grant Period and for three years after the certification of Project com- pletions have been submitted.

AN EV ALUATION OF WHETHER OR NOT THE PROPOSED REGULATIONS ARE INCONSISTENT OR INCOMPATIBLE WITH EXISTING STATE REGULATIONS The Authority evaluated whether or not there were any other regulations concerning the awarding of grants to a county or Counties Applying Jointly to provide community−based resources for the purpose of provid- ing mental health services to children and youth 21 years of age and under.

The only other grant program that exists for the purpose of providing funds to counties or Counties Applying Jointly for the provision of crisis mental health services is the Investment in Mental Health Wellness Grant Program that provides Grant funds for programs and services to meet the mental health needs of eligible individuals. This grant program is also under the auspice of the California Health Facili- ties Financing Authority. The proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DESCRIPTION OF THE BENEFITS OF THE PROPOSED ACTION, WHICH INCLUDES NONMONETARY BENEFITS SUCH AS PROTECTION OF THE PUBLIC HEALTH AND SAFETY , WORKER SAFETY , THE ENVIRONMENT, ETC. In 2013, Senate Bill 82, the Investment in Mental Health Wellness Act of 2013, established a competitive grant program to disburse funds to California counties or to their nonprofit or public agency designees for the purpose of developing mental health crisis support pro- grams.

Specifically, funds will increase capacity for client assistance and services in crisis stabilization, cri- sis residential treatment, rehabilitative mental health services, and mobile crisis support teams. In 2016, Senate Bill 833 expanded the Investment in Mental Health Wellness Act to specifically address a

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 303 continuum of crisis services for children and youth, 21 years of age and under regardless of where they live in the state and allocated approximately $27 million.

These regulations provide the mechanism whereby grants from the California Health Facilities Financing Authority may be disbursed to California counties or to their nonprofit or public agency designees to support capital improvement, expansion and limited start−up costs to fund four mental health programs — crisis resi- dential treatment, crisis stabilization, mobile crisis sup- port teams and family respite care specific to children and youth, 21 years of age and under, and their families. COST ESTIMATE 1. Cost or Savings to State Agencies: No impact. 2.

Cost to Local Agencies or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500−17630: None. 3. Nondiscretionary Costs or Savings to Local Agencies: No impact. 4. Federal Funding to State Agencies: No impact. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon lo- cal agencies or school districts. There are no “state− mandated local costs” in these regulations which re- quire reimbursement under

Section 17500 et seq. of the Government Code. FISCAL IMPACT These regulations do not impose any costs to any lo- cal agency or school district requiring reimbursement pursuant to

section 17500 et seq. of the Government Code, nor do these regulations identify any costs or sav- ings to any state agency, other nondiscretionary costs or savings to be imposed upon local agencies, or costs or savings in federal funding to the state. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The California Health Facilities Financing Authority has not identified any significant statewide adverse eco- nomic impact directly affecting business, including the ability of California businesses to compete with busi- nesses in other states.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The adoption of these regulations does not have an impact on the creation or elimination of jobs within the state. As a result of the adoption of these regulations, new businesses will not be created and current busi- nesses will not be eliminated within the state. The adop- tion of these regulations will not provide for the expan- sion of businesses currently doing business within the state. Additionally, neither benefits nor detriments are expected to worker safety or the state’s environment due to the adoption of these regulations.

These regulations will directly impact the health and welfare of California residents, specifically those chil- dren and youth 21 years of age and under, through the following: • Development of a continuum of mental health crisis services for these individuals and their families. • Provision of early intervention and treatment services to improve client experience, achieve recovery and wellness, and reduce costs. • Expansion of the continuum of community−based services to address, crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness−, resiliency−, and recovery−oriented. • Addition of at least 200 mobile crisis support teams. • Addition of at least 120 crisis stabilization services and beds and crisis residential treatment beds to increase capacity at the local level and address unmet mental health care needs • Expansion of family respite care to help families and sustain caregiver health and well−being. • Reduction of unnecessary hospitalizations and inpatient days. • Reduction of recidivism and mitigate unnecessary expenditures of local law enforcement.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The only entities that may apply for Grant funds un- der the Mental Health Wellness Act of 2013 for Chil- dren and Youth, are counties, Counties Applying Joint- ly, or a private nonprofit corporation or public agency designated as a co−Applicant by either a county or Counties Applying Jointly. Therefore, the California Health Facilities Financing Authority is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 304 BUSINESS REPORT The regulations do not require any report to be made by any business or other entity. SMALL BUSINESS The regulations will not affect small businesses as these regulations are specific to counties, Counties Ap- plying Jointly, and private nonprofit corporations or public agencies if designated by a county or Counties Applying Jointly to be a co−Applicant with a county or Counties Applying Jointly.

CONSIDERATION OF ALTERNATIVES The Authority must determine that no reasonable al- ternative it considered or that has otherwise been identi- fied and brought to its attention would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected 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.

In developing the regulatory action, the Authority it- self did not consider any alternatives because no rea- sonable alternatives have been presented to it. The Au- thority invites interested persons to submit comments and alternatives with respect to the proposed regula- tions during the public comment period. CHFFA REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Sondra Jacobs (916) 653−2799 Backup: Carolyn Aboubechara (916) 653−2799 TITLE 4.

CALIFORNIA HORSE RACING BOARD TITLE 4, DIVISION 4, CALIFORNIA CODE OF REGULATIONS RULE 1481, OCCUPATIONAL LICENSES AND FEES RULE 2071, LICENSE TO CONDUCT ADV ANCE DEPOSIT WAGERING BY A CALIFORNIA APPLICANT RULE 2072, APPROV AL TO CONDUCT ADV ANCE DEPOSIT WAGERING BY AN OUT−OF−STATE APPLICANT The California Horse Racing Board (Board/CHRB) proposes to amend the regulation described below after considering all comments, objections or recommenda- tions regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Rule 1481, Occupa- tional Licenses and Fees; Rule 2071, License to Con- duct Advance Deposit Wagering by a California Appli- cant; and Rule 2072, Approval to Conduct Advance De- posit Wagering by an out−of−state Applicant. The pro- posed amendment to Rule 1481 will modify subsection 1481(b)(2) to add officers, directors, partners and any individuals who hold five percent or more of the out- standing shares of advance deposit wagering (ADW) providers, mini−satellite or exchange wagering providers as persons who must obtain a license issued by the Board.

In addition, the proposed amendment will change subsection 1481(b)(6) to require ADW, mini− satellite wagering and exchange wagering managerial personnel who exercise control over other licensees to obtain an occupational license. The proposed amend- ment to Rule 2071 will modify subsection 2071(

b) to state that the term of license shall be up to two years. The proposed amendment will change the form Appli- cation for License to Conduct Advance Deposit Wager- ing, CHRB−132 (Rev. 02/19) (CHRB−132). Rule 2071 incorporates by reference the form CHRB−132. The CHRB−132 will be amended to collect specific infor- mation regarding the individuals required to be licensed under the amended Rule 1481. Additional changes to the CHRB−132 deal with the submission of financial information and profit and loss statements by applicant. The proposed amendment to Rule 2072 will modify subsection 2072(

b) to state the term of license shall be up to two years. The proposed amendment will change the form Application for Approval to Conduct Advance Deposit Wagering, CHRB−133 (Rev. 02/19)

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 305 (CHRB−133). The form CHRB−133 is incorporated by reference into Rule 2072. The CHRB−133 will be amended to collect specific information regarding the individuals required to be licensed under the amended Rule 1481. Additional changes to the CHRB−133 deal with the submission of financial information and profit and loss statements by applicant. All other changes to the regulation texts and the forms CHRB−132 and CHRB−133 are for the purposes of consistency and clarity.

PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, April 18, 2019, or as soon after that as business before the Board will permit, at the Santa Ani- ta Park Race Track, 285 Huntington Drive, Arcadia, California. At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes at 5:00 p.m., on April 15, 2019. The Board must receive all comments at that time; however, written comments may still be submitted at the public hearing.

Submit comments to: Harold Coburn, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6026 Fax: (916) 263−6022 E−mail: HaroldC@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440, 19510, 19520, 19590, 19604 and 19704. Business and Professions Code. Reference: Sections 19460, 19604, 19510, 19520 and 19704. Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Business and Professions Code

section 19440 states the Board shall have all powers necessary and proper to enable it to carry out the purposes of this chapter. Re- sponsibilities of the Board shall include adopting rules and regulations for the protection of the public and the control of horse racing pari−mutuel wagering. Business and Professions Code 19510 provides every steward and racing official not required to be licensed under Ar- ticle 4 (commencing with

section 19480) shall be li- censed by the Board pursuant to this article. Business and Professions Code 19520 provides that every person not required to be licensed under

Article 4 (commenc- ing with

Section 19480) who participates in the racing of horses and every employee of a pari−mutuel depart- ment shall be licensed by the Board pursuant to rules and regulations that the board may adopt, and upon the payment of a license fee fixed and determined by the Board. Business and Professions Code 19590 states the Board shall adopt rules governing, permitting and regu- lating pari−mutuel wagering on horse races under the system known as the pari−mutuel method of wagering. Parimutuel wagering shall be conducted only by a per- son or persons licensed under this

chapter to conduct a horse racing meeting or authorized by the Board to con- duct advance deposit wagering. Business and Profes- sions Code

section 19460 provides that all licenses are subject to all rules, regulations, and conditions pre- scribed by the Board. Business and Professions Code

section 19604 states the Board may authorize any rac- ing association, racing fair, betting system, or multi- jurisdictional wagering hub to conduct advance deposit wagering (ADW) in accordance with this section. Busi- ness and Professions Code

section 19704 provides the Board shall issue a license for owners, trainers, jockeys and other participants in mule racing. The Board proposes to amend subsection 1481(b)(2) to provide clarity with regards to the licensing of offi- cers, directors, partners, or individuals who hold five percent or more of the outstanding shares of pari− mutuel entities licensed by the Board. The proposed amendment adds ADW, mini−satellite wagering and exchange wagering providers to subsection 1481(b)(2) so there will be no question that such persons must be li- censed.

Rule 1481 lists the various classes of occupa- tional licenses issued by the Board. Requiring licensure of officers, directors, partners and persons with signifi- cant ownership in ADW, mini−satellite wagering and exchange wagering providers is necessary to enhance the Board’s ability to determine who actually owns or operates the businesses. An applicant for an occupa- tional license must provide the Board with two or more complete sets of fingerprints which are used to conduct

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 306 a criminal background check. Licensing persons with significant ownership, and executive management per- sonnel, will help ensure that no person who is found to be unfit to hold a license has an ownership interest in, or operates an entity that provides pari−mutuel wagering opportunities in California. Board Rules 2071 and 2072 provide that every appli- cant that intends to conduct ADW must file a completed application with the Board at least 90 days prior to the provider’s scheduled start date of operation.

The appli- cation CHRB−132 is incorporated by reference in Rule 2071, and the CHRB−133 is incorporated by reference in Rule 2072; therefore, any revisions to the applica- tions would necessitate an amendment to the rules. The proposed amendment of the CHRB−132 will modify

section 1.C. of the form to require the applicant to enter the license number of identified management person- nel. The change is meant to clarify the existing practice that requires management personnel of a California ADW hub to be licensed by the CHRB. The amendment to

section 1.C. is consistent with the proposed amend- ment of Rule 1481, which will add ADW managers to subsection 1481(b)(6). The changes to

section 1.C. of the CHRB−132 and subsection 1481(b)(6) will ensure that ADW managers identified by the applicant hold valid CHRB−issued licenses. The proposed amend- ment of the CHRB−133 will modify

section 1.B. of the form to require applicants to identify management per- sonnel responsible for California operations. The sec- tion currently asks in which jurisdiction the managers are licensed, as an out−of−state hub may be subject to other states’ licensing requirements. However, the practice has been to require that managers responsible for California ADW operations also hold a California issued license. The proposed amendment provides clar- ity regarding the licensing requirement and is consistent with the proposed amendment to Rule 1481.

ADW providers offer advance deposit pari−mutuel wagering opportunities. Under the proposed amendment to Rule 1481(b)(6), ADW managers who exercise control over pari−mutuel wagering must hold a CHRB issued occu- pational license. The proposed modifications to the forms CHRB−132 and CHRB−133 are necessary to provide the Board with the ability to determine the fit- ness for licensing of persons who manage the ADW provider’s California operations. Such knowledge al- lows the Board to more thoroughly vet the ADW appli- cation prior to granting a license or approval to conduct ADW in this state.

In addition to licensing requirements for manage- ment personnel, the proposed modifications of the forms CHRB−132 and CHRB−133 will change subsec- tion 3.B.4. of each form to require that applicants enter the CHRB license number of all officers and directors of the ADW provider. The proposed amendment to sub-

section 3.B.4. will clarify the requirement that officers and directors of an ADW provider be licensed. The change is consistent with the proposed amendment of Board Rule 1481, subsection (b)(2), which has been modified to require CHRB licensing of officers, direc- tors and partners of ADW providers. The change is con- sistent with current practice regarding the officers, di- rectors and partners listed on the ADW provider’s ap- plication for license or approval.

Subsection 3.B.5. of the CHRB−132 and CHRB−133 has been amended to require the ADW applicant to pro- vide the CHRB license number of all persons who hold five percent or more of the outstanding shares in the ADW provider. The proposed change will provide clar- ity regarding the Board’s licensing requirements for ADW providers. It is also consistent with the proposed amendment of Board Rule 1481, subsection (b)(2), which has been modified to require CHRB licensing of persons who hold five percent or more of the outstand- ing shares.

The change is consistent with current prac- tice regarding such persons listed on the ADW provider’s application. Licensing persons with signifi- cant ownership will help to ensure that no person who is found to be unfit to hold a license has an ownership in- terest in an entity that provides pari−mutuel wagering opportunities in California.

The CHRB−132 and CHRB−133 currently require applicant ADW providers to submit their most recent annual financial statement, including balance sheets and profit and loss statements, and all reports made in the preceding 12 months to shareholders, the Securities and Exchange Commission and the California Corpora- tions Commission. The Board proposes to amend the forms to change subsections 3.B.10. and 3.C.8., and add a new subsection 3.D.3.

The proposed amendment will require that ADW applicants attach the prior year’s an- nual financial statement, and a copy of all reports issued during the preceding 12 months to shareholders, the Se- curities and Exchange Commission and the California Corporations Commission. The Board has found that the applicants “most recent” annual financial statement may not have been generated in the preceding year.

The Board has determined it is necessary to amend subsec- tions 3.B.10. and 3.C.8., and add a new subsection 3.D.3. to ensure the financial statement submitted by an ADW applicant does, in fact, address the prior year. An overview of the ADW applicant’s financial statements and reports informs the Board about the entity’s finan- cial health; whether the applicant is able to meet its fi- nancial obligations and has the assets to maintain its business.

The Board believes the proposed amendment is necessary, as it has an obligation to assess the appli- cant’s financial viability prior to approving the provider to conduct ADW.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 307 The CHRB−132 and CHRB−133 currently do not re- quire an applicant for renewal of an ADW license/ approval to differentiate between its in−state and out− of−state ADW operations when submitting profit and loss statements. This means the Board may not have an accurate understanding of the applicant’s California op- erations.

The proposed amendment will add sections 3.B.11., 3.C.9. and 3.D.4. to the CHRB−132 and the CHRB−133 to require an applicant for renewal of li- cense/approval to submit the prior year’s profit and loss statement for the applicant’s California operations only. The applicant must also include the methodology used to determine the cost allocation for the profit and loss statement. The requirement would not apply to appli- cants that have not previously been licensed or ap- proved to conduct ADW in California.

The proposed amendment is necessary to collect each applicant’s fi- nancial information specific to California ADW, which will help the Board assess the applicant’s financial sus- tainability in California. Requiring the prior year’s an- nual profit and loss statement for California ADW is necessary to give the Board a means to determine if an applicant is maintaining its California business. The Board receives a direct view of how an applicant’s ADW business is performing in California.

Cost alloca- tion is the process of identifying and assigning costs to different cost objects, which in this case would be Cali- fornia ADW. If costs are not accurately calculated, a business might not know if a specific service is prof- itable, or if resources are being wasted on an unprof- itable service. There are numerous cost allocation methods that may be followed by an entity to produce financial information such as the profit and loss state- ment. The entity must determine the methodology that most accurately reflects its business operations.

Requir- ing the ADW applicant to describe the methodology it used to determine the cost allocation is necessary for au- diting purposes. An auditor must know how the entity allocated costs in order to make certain the entity fol- lowed generally accepted accounting principles and the costs are attributable to the service. The proposed changes to forms CHRB−132 and CHRB−133 are as follows: Proposed changes to form CHRB−132 include:

Section 1. C: The

section has been modified to cap- ture information regarding management personnel di- rectly involved in the management of ADW operations. The applicant must provide the name, title and license number of management personnel. The

section will help staff ensure California ADW managers have cur- rent occupational licenses. (Note: The following

Section 3.B. references apply to ADW applicants with a corporate business structure.)

Section 3.B.4: The

section has been modified to col- lect the CHRB occupational license number of the ADW provider’s officers and directors.

Section 3.B.5: The

section has been modified to re- quire that the ADW provider include the CHRB occu- pational license number of any persons holding five percent or more of outstanding shares of the entity.

Section 3. B. 10: The

section has been modified to re- quire the applicant to provide the prior year’s annual fi- nancial statement. The amendment will give the Board an insight into the applicant’s operations to help assess its financial viability.

Section 3. B. 11: The new subsection requires an ap- plicant that has previously been licensed by the Board to conduct ADW to attach the prior year’s annual profit and loss statement for the applicant’s California ADW operations only. The addition will help the Board deter- mine the applicant’s financial sustainability in Califor- nia. Requiring an annual profit and loss statement for California ADW is necessary to give the Board a means to determine if an applicant is maintaining its California business.

The addition will require applicants to include the methodology used to determine the cost allocation for the profit and loss statement, which is necessary for auditing purposes. (Note: The following

Section 3.C. references apply to ADW applicants with an LLC business structure.)

Section 3.C.4: The

section has been modified to col- lect the CHRB occupational license number of the ADW provider’s officers and directors.

Section 3.C.5: The

section has been modified to re- quire that the ADW provider include the CHRB occu- pational license number of any persons holding five percent or more of outstanding shares of the entity.

Section 3.C.8: The

section has been modified to re- quire the applicant to provide the prior year’s annual fi- nancial statement. The amendment will give the Board a fiscal view of the applicant’s operations to help assess its financial viability.

Section 3.C.9: The new subsection requires an appli- cant that has previously been licensed by the Board to conduct ADW to attach the prior year’s annual profit and loss statement for the applicant’s California ADW operations only. The addition will help the Board deter- mine the applicant’s financial sustainability in Califor- nia. Requiring an annual profit and loss statement for California ADW is necessary to give the Board a means to help assess if an applicant is maintaining its Califor- nia business. The addition will require applicants to in- clude the methodology used to determine the cost allo- cation for the profit and loss statement, which is neces- sary for auditing purposes.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 308 (Note: The following

Section 3.D. references apply to ADW applicants with a business structure other than a corporation or an LLC.)

Section 3. D. 3: This new subsection requires an ap- plicant with any business structure other than a corpora- tion or LLC to attach the prior year’s annual financial statement. This addition will give the Board a fiscal view of the entity to determine its financial viability. The new subsection will provide consistency by ensur- ing that all ADW applicants will be required to submit the same financial information.

Section 3. D. 4: The new subsection requires an appli- cant with a business structure other than a corporation or LLC that has previously been licensed by the Board to conduct ADW, to attach the prior year’s annual profit and loss statement for the entity’s California ADW op- erations only. The addition will aid the Board in under- standing the applicant’s financial sustainability in Cali- fornia. Requiring an annual profit and loss statement for California ADW is necessary to determine if an appli- cant is maintaining its California business.

The amend- ment will require applicants to include the methodology used to establish the cost allocation for the profit and loss statement, which is necessary for auditing purposes. Proposed changes to form CHRB−133 include:

Section 1. B: The

section has been amended to re- quire that the applicant identify which of its manage- ment personnel are responsible for California opera- tions. The applicant must indicate the jurisdiction in which its management personnel are licensed, and whether the managers are responsible for California op- erations. The amendment will ensure the ADW provider’s management staff responsible for California operations have current CHRB−issued occupational licenses. (Note: The following

Section 3.B. references apply to ADW applicants with a corporate business structure.)

Section 3.B.4: The

section has been modified to col- lect the CHRB occupational license number of the ADW provider’s officers and directors.

Section 3.B.5: The

section has been modified to re- quire that the ADW provider include the CHRB occu- pational license number of any persons holding five percent or more of outstanding shares of the entity.

Section 3. B. 10: The

section has been modified to re- quire the applicant to provide the prior year’s annual fi- nancial statement. The amendment will give the Board a fiscal view of the applicant’s operations to determine its financial viability.

Section 3. B. 11: The new subsection requires an ap- plicant that has previously been licensed by the Board to conduct ADW to attach the prior year’s annual profit and loss statement for the applicant’s California ADW operations only. The addition will help the Board make a judgement regarding the applicant’s financial sustain- ability in California. Requiring an annual profit and loss statement for California ADW is necessary to give the Board a means to determine if an applicant is maintain- ing its California business.

The addition will require ap- plicants to include the methodology used to determine the cost allocation for the profit and loss statement, which is necessary for auditing purposes. (Note: The following

Section 3.C. references apply to ADW applicants with an LLC business structure.)

Section 3.C.4: The

section has been modified to col- lect the CHRB occupational license number of the ADW provider’s officers and directors.

Section 3.C.5.: The

section has been modified to re- quire that the ADW provider include the CHRB occu- pational license number of any persons holding five percent or more of outstanding shares of the entity.

Section 3. C. 8: The

section has been modified to cap- ture the prior year’s annual financial statement informa- tion from an applicant with a LLC business structure. This amendment will give the Board a broader fiscal view of the entity to determine its financial viability pri- or to approving the provider to conduct ADW.

Section 3. C. 9: The new subsection requires an appli- cant with a LLC business structure that has previously been licensed by the Board to conduct ADW to attach the prior year’s annual profit and loss statement for the entity’s California ADW operations only. This addition will help the Board make a judgement regarding the ap- plicant’s financial sustainability in California. Requir- ing an annual profit and loss statement for California ADW is necessary to give the Board a means of deter- mining if an applicant is maintaining its California busi- ness.

The applicant must include the methodology used to determine the profit and loss statement cost alloca- tion, which is necessary for auditing purposes. (Note: The following

Section 3.D. references apply to ADW applicants with a business structure other than a corporation or an LLC.)

Section 3. D. 3: The new subsection requires an appli- cant with any business structure other than a corpora- tion or LLC to attach the prior year’s annual financial statement. The addition will give the Board a fiscal view of an entity to determine its viability prior to ap- proving the ADW application. The new subsection will provide consistency by ensuring that all ADW appli- cants will be required to submit the same financial in- formation.

Section 3. D. 4: The new subsection requires an appli- cant with a business structure other than a corporation or LLC that has previously been licensed by the Board to conduct ADW, to attach the prior year’s annual profit and loss statement for the entity’s California ADW op-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 309 erations only. The addition will help the Board make a judgement regarding the applicant’s financial sustain- ability in California. Requiring an annual profit and loss statement for California ADW is necessary to give the Board a means to determine if an applicant is maintain- ing its California business. The new

section will require applicants to include the methodology used to deter- mine the cost allocation for the profit and loss state- ment, which is necessary for auditing purposes. All other changes to the CHRB−132 and CHRB−133 forms are for the purposes of consistency and renumbering. POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL The proposed amendment will revise Rule 1481 to state licensing requirements for pari−mutuel wagering entities’ managerial personnel and for persons who are officers, directors, and partners of such entities.

The proposed amendment to Rule 1481 will create consis- tency with regards to the occupational licensing re- quirements for entities offering pari−mutuel wagering opportunities. Persons who manage the entities’ Cali- fornia operations, and persons who are officers, direc- tors, and partners of such entities will hold CHRB occu- pational licenses.

The requirements are beneficial to California’s horse racing industry, and will protect the public’s interest in the integrity of horse racing, as they will help to ensure that persons who are unfit to hold a li- cense are not involved in the operation of an entity of- fering pari−mutuel wagering opportunities. The pro- posed amendment to Rule 2071 will modify the form CHRB−132. The proposed amendment to Rule 2072 will modify the form CHRB−133. The CHRB−132 and CHRB−133 will be amended to collect specific infor- mation regarding the individuals required to be licensed under the amended Rule 1481.

Additional changes to the forms CHRB−132 and CHRB−133 deal with the submission of financial information and profit and loss statements by applicants. The proposed amendments to the CHRB−132 and the CHRB−133 will have the bene- fit of ensuring ADW managers, officers, directors and partners procure the proper occupational license, and undergo a background check. The licensing require- ment will provide a safeguard to make certain that no person who is unqualified to hold a CHRB occupational license manages, or holds an ownership interest in a pari−mutuel wagering provider.

The proposed amend- ment also modified the CHRB−132 and CHRB−133 to require the applicant submit the prior year’s annual fi- nancial statement, including a profit and loss statement for the entity’s California operations only. A compre- hensive overview of the ADW applicant’s financial statements and reports gives the Board a broader view of the entity’s financial health; whether the applicant is able to meet its financial obligations and has the assets to maintain its business.

The Board believes the pro- posed amendment is necessary, as it has an obligation to determine the applicant’s financial viability prior to ap- proving the provider to conduct ADW. Ensuring man- agers of California ADW operations, and officers, di- rectors and partners procure the proper occupational li- cense, helps to ensure transparency in the operation of California ADW providers. The applicant must name such persons on the ADW application. The ADW appli- cations are public documents available for viewing on the Board’s website.

The proposed amendment to Rule 1481, Rule 2071 and 2072 is a benefit to the health and safety of California residents as it will protect the pub- lic’s interest in the integrity of horse racing and will help to ensure that persons who are unfit to hold a license are not involved in the operation of an entity offering pari− mutuel wagering opportunities. The proposed amend- ment will not protect worker safety or the environment, the prevention of discrimination or the promotion of so- cial equity.

CONSISTENCY EV ALUATION During the process of developing these regulations and amendments, the California Horse Racing Board conducted a search of any similar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE A. Rule 2071: Application for License to Conduct Advance Deposit W agering, CHRB−132 (Rev. 02/19) B.

Rule 2072: Application for Approval to Conduct Advance Deposit W agering, CHRB−133 (Rev. 02/19) The CHRB−132 and CHRB−133 are incorporated by reference into Rule 2071 and 2072, respectively, as it would be cumbersome, unduly expensive or otherwise impractical to publish the documents in the California Code of Regulations. DISCLOSURE REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 310 Cost to any local agency or school district that must be reimbursed in accordance with Government Code Sections 17500 through 17630: none. Other non−discretionary costs or savings imposed upon local agencies: none. Cost or savings in federal funding to the State: none.

The Board has made an initial determination that the proposed amendment to Rule 1481, Rule 2071 and Rule 2072 will not have a significant statewide adverse eco- nomic impact directly affecting business including the ability of California businesses to compete with busi- nesses in other states. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant effect on housing costs: none. RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendment of Rule 1481, Rule 2071 and Rule 2072 will not (1) create or eliminate jobs within California; (2) create new busi- nesses or eliminate existing businesses within Califor- nia; or (3) affect the expansion of businesses currently doing business within California.

The proposed amend- ment to Rule 1481, Rule 2071 and 2072 is a benefit to the health and welfare of California residents because it will protect the public’s interest in the integrity of horse racing, and will help to ensure that persons who are unfit to hold a license are not involved in the operation of an entity offering pari−mutuel wagering opportunities. The proposed amendment to Rule 1481, Rule 2071 and Rule 2072 will require management staff, officers, di- rectors, partners, or persons with five percent or more of outstanding shares of an entity licensed by the Board to obtain an occupational license.

It will also require appli- cants to conduct advance deposit wagering to identify managerial staff directly involved with California ADW operations, attach the two most recent financial statement including balance sheets and profit and loss statements, and a copy of all reports issued during the preceding 24 months to shareholders in the company, the Securities and Exchange Commission, or the corre- sponding state where the ADW provider is registered to the CHRB−132 or CHRB−133, regardless of business structure.

The applicant must also provide two prior year’s profit and loss statements specific to California ADW operations with the methodology used to deter- mine the cost allocation for the profit and loss state- ments. The adoption of the proposed amendment of Rule 1481, Rule 2071 and Rule 2072 will not benefit worker safety or the environment. Effect on small businesses: none. The proposal to amendment of Rule 2071 and Rule 2072 does not affect small businesses because horse racing is not a small business under Government Code

Section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Harold Coburn, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274−6026 Fax: (916) 263−6022 E−mail: HaroldC@chrb.ca.gov If the person named above is not available, interested parties may contact: Andrea Ogden, Manager, Policy and Regulations Telephone: (916) 263−6033 E−mail: AndreaO@chrb.ca.gov A V AILABILITY OF FINAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 311 the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial statement of rea- sons and all available information of which this propos- al is based on. Copies may be obtained by contacting Harold Coburn, or the alternative contact person at the address, phone number or e−mail address listed above.

A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulations should be sent to the attention of Harold Coburn at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. A V AILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Harold Coburn at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its web site.

The rulemaking file consists of the no- tice, the proposed text of the regulation and the initial statement of reasons. The Board’s web site address is: www.chrb.ca.gov. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Construction Safety Orders Sections 1504 and 1526 General Industry Safety Orders Sections 3361, 3364, 3437, 3457 and 5192 Single−User Toilet Facilities NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below.

PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on April 18, 2019 in the Auditorium of the State Resources Building, 1416 9th Street, Sacramento, California. At this public hearing, any person may present statements or arguments orally or in writing rel- evant to the proposed action described in the Informa- tive Digest. WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also submitted be to the Board’s office. The written comment period commences on March 1, 2019 and closes at 5:00 p.m. on April 18, 2019.

Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments. Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional safety and health standards that are at least as ef- fective as federal occupational safety and health standards. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW On September 29, 2016, California Assembly Bill 1732,

Chapter 818 was signed by the governor, and be-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 312 came effective on March 1, 2017, amending Health and Safety Code (HSC)

Section 118600 to require that single−user toilet facilities be identified as all−gender facilities with signage compliant with Title 24 of the California Code of Regulations. On July 25, 2017, the Division of Occupational Safe- ty and Health submitted a Form 9 Request for New or Change in Existing Safety Orders to the Occupational Safety and Health Standards Board to request changing Title 8 to remove potential conflicts with HSC

Section 118600 concerning all−gender designation of single− user toilet facilities. The proposal also serves the purpose of allowing more employers to meet Title 8 toilet facility require- ments by means of single−user toilet facilities also com- pliant with HSC

Section 118600 gender−neutral desig- nation requirements. The Board evaluated the proposed regulations pur- suant to Government Code

section 11346.5(a)(3)(

D) and has determined that the regulations are not incon- sistent or incompatible with existing state regulations. This proposal is part of a system of occupational safety and health regulations. The consistency and compati- bility of that system’s component regulations is provid- ed by such things as: (1) the requirement of the federal government and the Labor Code to the effect that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occu- pational safety and health rulemaking be channeled through a single entity (the Standards Board).

Anticipated Benefits An anticipated benefit of the proposed revisions to the regulated public is to allow for all−gender usage designation by employers having single−user toilet fa- cilities in conformity with HSC

Section 118600 and California public policy pursuant to Assembly Bill 1732,

Chapter 818 of 2016. The proposed regulation ul- timately protects the health and safety of California workers and indirectly prevents discrimination and pro- motes fairness and social equity. It will not provide a di- rect benefit to the state’s environment. The specific changes are as follows: Existing Title 8 regulations require, with limited ex- ception, that toilet facilities, including single−user fa- cilities, be separately designated for use by either men or women.

An existing provision does provide an ex- ception for employers having fewer than five employ- ees from the requirement to provide separate men’s and women’s toilet facilities. This proposal adds to Title 8, Construction Safety Or- ders, and General Industry Safety Orders, a definition of “single−user toilet facility,” and as to such single− user facilities, expands the allowance of all−gender des- ignation to employers having any number of employ- ees, so long as the total quantity of provided toilet facili- ties is not fewer than otherwise required.

Gender−spe- cific multi−user facilities are provided in equal number to each sex, so that men and women have access to the same total number of toilet facilities. The effect of the proposed revisions on the regulated public is to remove potential conflict between existing Title 8 toilet facility requirements and those found in HSC

Section 118600. Doing so eliminates the possibili- ty of an employer compliant with the gender neutrality requirements of HSC

Section 118600 being noncompli- ant with Title 8 toilet facility requirements when pro- viding single−user facilities. The proposed amendments to Title 8 are as follows:

Section 1504(a). A definition is added for the term “Single−User Toilet Facility,” to conform to the term as defined per HSC

Section

Section 1526(a). The existing exception provided to employers having fewer than five employees from the requirement to have separate toilet facilities for each sex, is made clearer in allowing employers to designate single−user toilets as all−gender without changing the number of toilets required. A second exception is added to allow employers hav- ing any number of employees to designate single−user toilet facilities for all−gender use, so long as the total quantity of provided toilet facilities is no fewer than otherwise required.

Gender−specific multi−user facili- ties are provided in equal number to each sex, so that men and women have access to the same total number of toilet facilities.

Section 3361. A definition is added for the term “Single−User Toilet Facility,” to conform to the term as defined per HSC

Section

Section 3364(a). The existing exception provided to employers having fewer than five employees from the requirement to have separate toilet facilities for each sex, is made clearer in allowing employers to designate single−user toilets as all−gender without changing the number of toilets required. A second exception is added to allow employers hav- ing any number of employees to designate single−user toilet facilities for all−gender use, so long as the total quantity of provided toilet facilities is no fewer than otherwise required.

Gender−specific multi−user facili- ties are provided in equal number to each sex, so that men and women have access to the same total number of toilet facilities. Existing exception (a)(2) is re−numbered to (a)(3).

Section 3437. A definition is added for the term “Single−User Toilet Facility,” to conform to the term as defined per HSC

Section 118600.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 313

Section 3457(b). A definition is added for the term “Single−User Toilet Facility,” to conform to the term as defined per HSC

Section

Section 3457(c)(2)(A). The allowance provided to employers having fewer than five employees from the requirement to have separate toilet facilities for each sex, is deleted and added as exception (1) to be consis- tent with other toilet requirement sections in Title 8. A second exception is added to allow employers hav- ing any number of employees to designate single−user toilet facilities for all−gender use, so long as the total quantity of provided toilet facilities is no fewer than otherwise required.

Gender−specific multi−user facili- ties are provided in equal number to each sex, so that men and women have access to the same total number of toilet facilities. The existing exception is re−numbered to (3).

Section 5192(a)(3). A definition is added for the term “Single−User Toilet Facility,” to conform to the term as defined per HSC

Section

Section 5192(n)(3)(A). The existing exception pro- vided to employers having fewer than five employees from the requirement to have separate toilet facilities for each sex, is made clearer in allowing employers to designate single−user toilets as all−gender without changing the number of toilets required. A second exception is added to allow employers hav- ing any number of employees to designate single−user toilet facilities for all−gender use, so long as the total quantity of provided toilet facilities is no fewer than otherwise required.

Gender−specific multi−user facili- ties are provided in equal number to each sex, so that men and women have access to the same total number of toilet facilities. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None. Cost or Savings to State Agencies: None. Cost to any Local Government or School District which must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None.

Cost Impacts on a Representative Private Person or Business: The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, statewide ad- verse economic impact directly affecting businesses/ individuals, including the ability of California busi- nesses to compete with businesses in other states. The proposed changes to Title 8 remove potential conflict between it and the Health and Safety Code. No cost is associated with the changes, which comprise condition- al allowances, rather than mandates.

Significant Affect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ments will not affect small businesses as the revisions basically do away with a potential conflict between Ti- tle 8 and the Health and Safety Code. The revisions place no added requirement to employers, but instead make allowance for gender−neutral designation of toi- lets and compliance with Title 8 toilet facility requirements.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The proposed regulation will not have any effect on the creation or elimination of California jobs or the cre- ation of new businesses or the elimination of existing California businesses or affect the expansion of existing California businesses. The revisions place no added re- quirement to employers, but instead make allowance for gender−neutral designation of toilets and compli- ance with Title 8 toilet facility requirements.

The pro- posed regulation ultimately protects the health and safe- ty of California workers but does not offer a direct bene- fit to the state’s environment. BENEFITS OF THE PROPOSED ACTION A key benefit to the regulated public results from ad- dressing a potential conflict between existing Title 8 regulations and the HSC

Section 118600 requirements concerning single−user toilet facilities. It will benefit the regulated public by making allowance for gender−

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 314 neutral compliance with pre−existing Title 8 toilet facil- ities requirements, consistent with the public policy promulgated pursuant to HSC

Section 118600, as amended by Assembly Bill 1732,

Chapter 818, effec- tive March 1, 2017. The proposed regulation ultimately protects the health and safety of California workers and indirectly prevents discrimination and promotes fair- ness and social equity. It will not provide a direct benefit to the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its at- tention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled public hearing or during the written comment period. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) or the back−up contact person, Michael Manieri (Prin- cipal Safety Engineer) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address. As of the date this Notice of Proposed Action is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this Notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public at least 15 days before the Board adopts the regulations as revised. Please re- quest copies of any modified regulations by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. The Board will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above or via the internet. A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its web site.

Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed Ac- tion and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders Sections 3441 and 3449 Outdoor Agricultural Operations During Hours of Darkness NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on April 18, 2019 in the Auditorium of the State

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 315 Resources Building, 1416 9th Street, Sacramento, California. At this public hearing, any person may present statements or arguments orally or in writing rel- evant to the proposed action described in the Informa- tive Digest. WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also submitted to the Board’s office. The written comment period commences on March 1, 2019 and closes at 5:00 p.m. on April 18, 2019.

Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments. Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional and health standards that are at least as effective as federal occupational safety and health standards. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW On December 2, 2013 the Division of Occupational Safety and Health submitted a request to amend

Section 3441, Operation of Agricultural Equipment. The re- quested amendments pertained to illumination near agricultural equipment and personal protective equip- ment to increase the visibility of workers. On February 13, 2014, a letter was submitted by Anne Katten, MPH, and Mark Schacht of the California Rural Legal Assis- tance Foundation regarding agricultural field opera- tions to supplement requirements for work area lighting near agricultural equipment operations.

As a result, the Occupational Safety and Health Standards Board con- vened advisory committee meetings to discuss hazards associated with outdoor agricultural work during hours of darkness. This rulemaking is intended to address hazards relat- ed to performing outdoor agricultural work during hours of darkness (sunset to sunrise), when illumination or visibility is limited. The decreased natural lighting during hours of darkness affects the employees’ ability to perceive and move about their environment. In addi- tion, employees are less visible to others.

Adequate lighting will enable employees to avoid visible and rec- ognizable hazards. The increased visibility of employ- ees will help operators of mobile agriculture equipment keep a safe distance away from employees. The Board evaluated the proposed regulations pur- suant to Government Code

section 11346.5(a)(3)(

D) and has determined that the regulations are not incon- sistent or incompatible with existing state regulations. This proposal is part of a system of occupational safety and health regulations. The consistency and compati- bility of that system’s component regulations is provid- ed by such things as: (1) the requirement of the federal government and the Labor Code to the effect that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occu- pational safety and health rulemaking be channeled through a single entity (the Standards Board).

Anticipated Benefits. Working during hours of darkness provides benefits to agricultural industries. It saves the employer the en- ergy cost for cooling down the crop to hold optimum temperature. It allows the employer to harvest at a time that assures them the best quality of crops possible (i.e., minimized bruising, optimum sugar and/or moisture content). In addition, working during hours of darkness usually equates to cooler temperatures and increases employee comfort, which improves the productivity of workers and greatly diminishes the risk of heat illness during the summer months.

The proposal helps to pro- vide a safe environment for employees to work during hours of darkness by addressing the hazard presented by limited ambient lighting. The Board estimates benefits would be about $36.7 million per year due to prevented accidents. The esti- mated benefits are based on 2,080 injury cases multi- plied by $17,622, the average workers’ compensation medical and indemnity cost of agricultural injury claims. This estimate is conservative because there are un- quantifiable additional costs imposed by the health con- sequences arising from these injuries for workers, em- ployers, and society.

Therefore, the benefits may be much greater than estimated due to the additional impli- cations of related injuries. The specific changes are as follows:

Section 3441. Operation of Agricultural Equipment. This

Section contains requirements for agricultural equipment. The proposed amendments to subsection (

g) are:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 316 • Adds trucks as one of the types of vehicles that are required to utilize and maintain functioning headlight(s). Trucks are commonly driven on farm roads. • Requires headlights of agricultural equipment be utilized from sunset to sunrise instead of one hour after sunset and one hour before sunrise, in order to be consistent with proposed new

Section 3449(

a) regarding illumination requirements for outdoor work areas, which include areas where employees are working near agricultural equipment. • Adds a Note to refer the reader to proposed new

Section 3449 for illumination requirements for working near agricultural equipment during hours of darkness.

Section 3449. Agricultural Operations During Hours of Darkness (Between Sunset and Sunrise). The proposal adds a new

Section 3449 with the title “Agricultural Operations During Hours of Darkness (Between Sunset and Sunrise)” replacing “Ladders (Repealed)”. The following provisions are proposed to be added: • Subsection (

a) requires that the employer provide lighting to illuminate the outdoor work environment. The employer is responsible for determining the combination of lighting: type of lamps, the number of light fixtures, type of fixtures (portable, portable personal hand−free and/or fixed lighting) and the setup needed in order to meet the illumination levels detailed in Table 1. The illumination level is to be measured at the task/working surface, in the plane in which the task/work surface is present. The table provides measurable criteria to determine adequate illumination.

The information used to populate the table was based on the principles of lighting detailed in the documents relied upon and light surveys conducted by Board staff and advisory committee members, which are reflected in the minutes of the advisory committee meetings. • Subsection (a)(1) was added to clarify that portable personal hands−free lighting shall be provided and used when other sources of lighting cannot meet the required illumination level listed on Table 1. • Note 1 to subsection (

a) was added to inform employers to be mindful of the manner they set up or install lighting to avoid glare. Glare can be blinding and may lead to accidents. The reason text is proposed as a Note and not regulatory language is due to the difficulty of measuring glare in a dynamic environment, making such a requirement unenforceable. Note 2 to subsection (

a) directs the reader to the non−mandatory appendix for additional information regarding selecting light sources. • An exception to subsection (

a) for vehicles traveling on farm roads was added. This is to inform employers that the supplementary lighting installed on mechanical equipment or vehicles to meet the illumination levels of Table 1 does not need to be activated when traveling on farm roads. The additional lighting may direct unwanted light to other vehicles on the road and may cause an accident. • Subsection (

b) requires supervisors to conduct a safety meeting at the beginning of the shift to inform employees of the location of the restrooms, drinking water, designated break area, nearby bodies of water, and high traffic areas. This proposal is to inform employees about the details of their work environment because outdoor agricultural work is not a fixed site and work conditions change. • A Note to subsection (

b) was added to inform the employer of their responsibility to communicate hazards under

Section 3203, Injury and Illness Prevention Program. • Subsection (

c) requires employees to wear employer provided Class 2 high visibility garments meeting the requirements of

Section 3380(

e) in order for them to be more visible at night. The increased visibility of employees will prevent accidents involving motor vehicles and other moving agricultural equipment. Employees often work alongside agricultural fields alongside mobile agricultural equipment. The fields may be located near busy farm roads. • Note to subsection (

c) was added to inform the employer of other provisions related to subsection (c).

Section 3380 is about personal protective devices and

Section 3383 is about body protection. These proposed amendments will ensure a safe work environment for employees during hours of darkness by addressing the hazards presented by limited ambient lighting. Non−Mandatory Appendix to

Section 3449. The Appendix serves as a guide to employers in se- lecting light sources or lamps. The Appendix provides some factors to consider such as: wattage, quantity of light or brightness, beam angle, radium, and target,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 317 scotopic/photopic ratios, color rendering index, and life expectancy of the light source. DOCUMENT INCORPORATED BY REFERENCE • American National Standard for High−Visibility Safety Apparel and Accessories, (ANSI/ISEA) 107−2015. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None. Cost or Savings to State Agencies: None. Cost to any Local Government or School District which must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None.

Cost or Savings in Federal Funding to the State: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost Impacts on a Representative Private Person Or Business: The estimated additional cost to small agricultural business is approximately $7,651 with an on−going cost of $6,000. The estimated additional cost to non− small businesses is $11,716 with an on−going cost of $6,000.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses To Compete: The Board has made an initial determination that this proposal should not result in a significant, statewide ad- verse economic impact directly affecting businesses/ individuals, including the ability of California busi- nesses to compete with businesses in other states.

The estimated cost of $31.6 million for addressing the haz- ards associated agricultural operation performed during hours of darkness is offset by estimated benefits of $36.7 million per year due to prevented accidents. Significant Affect on Housing Costs: None. SMALL BUSINESS DETERMINATION California Government Code

section 11346.3 de- fines small businesses as businesses that are indepen- dently owned and operated, not dominant in their field of operation, and have fewer than 100 employees. The California Employment Development Department (EDD) reports that 94.4% of the businesses in Califor- nia’s Agriculture, Forestry, Fishing and Hunting Indus- try (NAICS 11) had fewer than 100 employees in the third quarter of 2016.

Calculations assume that a similar percentage of small businesses in the agricultural sec- tors covered by this proposal will be impacted, resulting in an estimated 3,784 small businesses and 224 typical businesses (non−small businesses) used for this analysis. To comply with the safety requirements of the pro- posal, employers must use appropriate lighting and per- sonal protective equipment (PPE) to aid visibility of workers at night. The costs associated with meeting these requirements are listed below.

Costs associated with items required for proposal compliance Item Cost Reference Rechargeable battery headlamp $24.50 https://www.walmart.com/search/?query= rechargeable%20battery%20headlamp&cat_id=0 AA rechargeable batteries $1.50 https://www.walmart.com/search/?query= rechargeable%20aa%20batteries&cat_id=0 High−visibility vest $10.00 https://www.walmart.com/ip/2XL−Surveyor−Orange− Two−Tones−Safety−Vest−ANSI−ISEA−107−2015/ 122387872 Rechargeable portable generator $200.00 https://www.alibaba.com/showroom/rechargeable− generator−portable.html Bulldog Power Tower portable lighting $1,300.00 http://catalog.lightingspecialties.com/viewitems/ bulldog/bulldog−power−tower Power for generator $6,000.00 Assumption based on seasonal harvest, $1000/month for 6 months of the year [NOTE: Ongoing cost of compliance]

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 318 The initial costs for a small business is $7,651, with an annual ongoing cost of $6,000. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS Total statewide dollar costs that business and individ- uals may incur to comply with this regulation over its lifetime are estimated to be $31.6 million in the first year and ongoing annual costs of $24 million.

According to the National Institute for Occupational Safety and Health website, almost 15 million workers in the U.S. work full time on evening shift, night shift, ro- tating shifts, or other employer arranged irregular schedules. DIR applied this ratio of workers (10%) to 2016 EDD Market Data to estimate the percentage of California’s agricultural workforce that works at night. There is no data available on the number of establish- ments that work at night covered by the proposal.

But if we assume 25% of the 16,031 establishments covered by the proposal will have employees working at night at some point during the year, the total estimated industry cost for compliance with the proposal’s requirements is [$36 (cost per employee) * 42,110 (total number of em- ployees affected)] + [4,008 (number of businesses af- fected) * $7,500 (fixed cost per establishment)] = $31.6 million.

Description Total Cost per worker $36 # CA night time agricultural workers 42,110 Estimated Total Cost Per Worker ($36 x 42,110) $1,515,960 Estimated Cost Per Establishment (in ad- dition to cost per worker) $7,500 Establishments with employees who work at night (25% of 16,031 assumed) 4,008 Estimated Total Cost Per Establishment (4,008 x $7,500) $30,060,000 Estimated Total Cost (cost per worker and cost per employer) ($1,515,960 + $30,060,000) $31,575,960 The proposed regulation will not have any effect on the creation or elimination of California jobs, the cre- ation of new businesses, the elimination of existing Cal- ifornia businesses, or affect the expansion of existing California businesses.

The proposed regulation pro- tects the health and safety of California workers through accident/injury prevention. It does not provide a direct benefit to the state’s environment. BENEFITS OF THE PROPOSED ACTION The Board estimates benefits would be about $36.7 million per year due to prevented accidents. The esti- mated benefits are based on 2,080 injury cases multi- plied by $17,622, the average workers’ compensation medical and indemnity cost of agricultural injury claims in 2013 and 2014.

This estimate is conservative because there are un- quantifiable additional costs imposed by the health con- sequences arising from these injuries for workers, em- ployers, and society. Therefore, the benefits may be much greater than estimated due to the additional impli- cations of related injuries. The proposed regulation will not provide a benefit to the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its at- tention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law than the pro- posal described in this Notice.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled public hearing or during the written comment period. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) or the back−up contact person, Michael Manieri (Prin- cipal Safety Engineer) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 319 by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice.

If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public at least 15 days before the Board adopts the regulations as revised. Please re- quest copies of any modified regulations by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above. The Board will accept written comments on the modified regulations for at least 15 days after the date on which they are made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above or via the internet. A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its website.

Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed ac- tion and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 10. CALIFORNIA SECURE CHOICE RETIREMENT SA VINGS INVESTMENT BOARD AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 10,

CHAPTER 15, REGARDING THE CALSA VERS RETIREMENT SA VINGS PROGRAM The California Secure Choice Retirement Savings Investment Board (“Board”) proposes to adopt the pro- posed regulations described below after considering all comments, objections, and recommendations regard- ing the proposed action. PUBLIC HEARING The Board will hold a public hearing beginning at 1:00 p.m. on April 15, 2019, at 915 Capitol Mall, Room 587, Sacramento, CA. The room is wheelchair accessible.

At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board.

Comments may be submitted by email at CalSavers@sto.ca.gov, or by either mailing or delivery address listed below: Regular Mail California Secure Choice Retirement Savings Investment Board Re: Rulemaking for the CalSavers Retirement Savings Program P.O. Box 942809 Sacramento, CA 95815 Courier Delivery California Secure Choice Retirement Savings Investment Board Re: Rulemaking for the CalSavers Retirement Savings Program 915 Capitol Mall, Suite 105 Sacramento, CA 95814 The written comment period will close at 5:00 p.m. on April 15, 2019. The Board will only consider com- ments received by that time.

All written comments re- ceived by the Board are subject to disclosure under the Public Records Act. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the board makes modifications which are sufficiently related to the original proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public at https://www.treasurer.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 9-Z 320 ca.gov/scib/regulations/index.asp for at least 15 days before the Board adopts the regulations as revised. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. AUTHORITY AND REFERENCE Authority:

Section 100048 of California Government Code provides the California Secure Choice Retire- ment Savings Investment Board the authority to adopt regulations to implement Title 21 of the California Gov- ernment Code. Reference: Sections 100000, 100002, 100004, 100008, 100010, 100012, 100014, 100032, 100034, 100043, 100046 and 100048, California Government Code.

INFORMATIVE DIGEST In 2012, the California Legislature enacted and the Governor signed Senate Bills (SB) 1234 and (Chapter 734, Statutes of 2012) and 923 (Chapter 737, Statutes of 2012) which established the California Secure Choice Retirement Savings Investment Board and required it to conduct a market analysis to determine whether the necessary conditions for implementing the California Secure Choice Retirement Savings Program (subse- quently changed to the “CalSavers Retirement Savings Program” through Assembly Bill 1817 in 2018) could be met.

The legislation prohibited implementation of the Program without subsequent authorizing legislation. In 2016, the California Legislature enacted and the Governor signed SB 1234 (Chapter 804, Statutes of 2016) which, among other things, granted the Board the authority to take the steps necessary to implement the Program, including the adoption of regulations. The laws relating to the Program include Title 21 of the California Government Code,

Section 1088.9 of the Unemployment Insurance Code. Almost all state laws relating to the Program are included in Title 21 of the California Government Code.

Section 1088.9 of the Unemployment Insurance Code establishes some of the duties of the Employment Development Department relating to enforcement of employer compliance with the requirements of Title 21 of the California Govern- ment Code. This rulemaking action implements, interprets, and makes specific the policies, procedures, and operating structure of the CalSavers Retirement Savings Program (“CalSavers” or “the Program”) as established by Title 21 of the California Government Code. Specifically, these regulations would accomplish the following: a. Define terms and

definitions used in the regulations and further clarify the meaning of

definitions in statute; b. Define employer eligibility for the program and establish the means by which the Program shall determine such eligibility; c. Establish the deadlines and processes by which eligib