REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 5−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 1, 2019 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Peach Fruit Fly Eradication Area — Contra Costa County — Notice File No. Z2019−0122−02 ................ 187 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders (GISO)

Section 3203 — Notice File No. Z2019−0118−01 ..................... 189 TITLE 22. DEPARTMENT OF SOCIAL SERVICES Adoptions Regulations Revisions — Notice File No. Z2019−0122−05 ..................................... 193 GENERAL PUBLIC INTEREST DEPARTMENT OF AGING Renewal of the 1915(

c) HCBS — Multipurpose Senior Services Program (MSSP) Waiver ..................... 198 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Cielo Vista Development Project 2080−2019−001−05, Orange County .................................... 199 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination No. 2080−2018−016−02, Cottonwood Creek Bridge Replacement, Butte County ................................................. 199 OAL REGULATORY DETERMINATION DEPARTMENT OF STATE HOSPITALS 2019 OAL DETERMINATION NO. 1(

S) SUMMARY DISPOSITION DSH−C Hospital Specific Contraband Justification ................................................... 202

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 .

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 203 Sections Filed, August 22, 2018 to January 23, 2019 .................................................. 206 NOTICE OF EDITORIAL CORRECTION FISH AND GAME COMMISSION ............................................................... 212

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 187 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture amended subsection 3591.12 of the regulations in Title 3 of the California Code of Regulations pertaining to Peach Fruit Fly Eradication Area as an emergency action that was effective on October 2, 2018.

The Department pro- poses to continue the regulation as amended and to complete the amendment process by submission of a Certificate of Compliance no later than April 3, 2019. This notice is being provided in compliance with Government Code

Section 11346.4. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed amendment to the Department. Comments may be submitted by mail, facsimile (FAX) at 916.651.2900 or by email to Dean.Kelch@cdfa.ca.gov.

The written comment period closes at 5:00 p.m. on March 18, 2019. The Department will consider only comments received at the Department offices by that time.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.406.6650 916.651.2900 (FAX) Following the public hearing if one is requested or following the written comment period if no public hear- ing is requested, the Department of Food and Agricul- ture, at its own motion, or at the instance of any interest- ed person, may adopt the proposal substantially as set forth without further notice.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not gener- ally distributed within this state and determine the prob- ability of its spread and the feasibility of its control or eradication (Food and Agricultural Code (FAC) Sec- tion 5321). Existing law also provides that the Secretary may es- tablish, maintain and enforce quarantine, eradication and other such regulations as she deems necessary to protect the agricultural industry from the introduction and spread of pests (FAC Sections 401, 403, 407 and 5322).

Anticipated Benefits from This Regulatory Action Existing law, FAC

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

section 407, provides that the Sec- retary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that the Secretary is directed or authorized to administer or enforce. Existing law, FAC

section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the fea- sibility of its control or eradication. Existing law, FAC

section 5322, provides that the Secretary may establish, maintain, and enforce quaran- tine, eradication, and such other regulations as are in the Secretary’s opinion necessary to circumscribe and ex- terminate or prevent the spread of any pest which is de- scribed in FAC

section 5321. Existing law, CCR

Section 3591.12, defines the state’s eradication areas for peach fruit fly. The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad- icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. This amend- ment provides the necessary regulatory authority to pre- vent the artificial spread of a serious insect pest, which is a mandated statutory goal.

This regulation will benefit the public’s general wel- fare by providing authority for the State to perform de- tection, control, and eradication activities against peach fruit fly in Contra Costa County.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 188 The implementation of this regulation will prevent: • direct damage to the agricultural industry growing host fruits • indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets • increased production costs to the affected agricultural industries • increased pesticide use by the affected agricultural industries • increased costs to the consumers of host fruits • increased pesticide use by homeowners and others • the need to implement a State interior quarantine • the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement of this pest.

The Department considered any other possible relat- ed regulations in this area, and it found that these are the only regulations dealing in this subject area, and the De- partment is the only State agency which can implement these eradication areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the De- partment has conducted an evaluation of this regulation and has determined that it is not inconsistent or incom- patible with existing state regulations. AMENDED TEXT This emergency rulemaking action added Contra Costa County to the Peach Fruit Fly Eradication Area. The effect of the amendment of this regulation is to pro- vide authority for the State to perform eradication activ- ities against peach fruit fly in the county of Contra Costa.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscre- tionary costs or savings to local agencies or school districts. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination The Department has determined that the proposed regulations may affect small businesses. Significant effect on housing costs: None.

Results of the Economic Impact Analysis Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California The Department has determined the amendment of this regulation would benefit: • the general public • homeowners and community gardens • agricultural industry • the State’s general fund There are no known specific benefits to worker safety or the health of California residents.

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as ef- fective and less burdensome to affected private persons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this Notice.

AUTHORITY The Department proposes to amend subsections 3591.12 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762 and 5763 of the Food and Agricultural Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 189 CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quests for a public hearing may be directed is: Dean Kelch, Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room 210, Sacramento, California 95814, (916) 403−6650, FAX (916) 651−2900, E−mail: Dean.Kelch@cdfa.ca.gov. In his absence, you may contact Laura Petro at (916) 654−1017.

Questions re- garding the substance of the proposed regulation should be directed to Dean Kelch. INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site ( www.cdfa.ca.gov/plant/Regulations.html). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed actions, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, when completed, the final statement of reasons will be avail- able upon request. Requests should be directed to the contact named herein. If the regulations adopted by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.

Any interested person may obtain a copy of said regu- lations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders

Section 3203 Employee Access to Injury and Illness Prevention Program 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 March 21, 2019 in the Council Chambers of the Pasadena City Hall, 100 North Garfield Avenue, Pasadena, California.

At this public hearing, any per- son may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be sub- mitted to the Board’s office. The written comment peri- od commences on February 1, 2019 and closes at 5:00 p.m. on March 21, 2019. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to sub- mit written comments.

Written comments can be sub- mitted 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 June 15, 2017, the Board adopted the Proposed Petition Decision regarding Petition File No. 562. The

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 190 petition decision directed Board staff to convene an ad- visory committee for the purpose of developing a rule- making proposal to ensure timely employee access to the employer’s injury and illness prevention program (IIPP).

Section 3203 Injury and Illness Prevention Program does not explicitly state that employees are entitled to receive, review, or copy their employer’s IIPP. The cur- rent proposal is intended to ensure employee access to the IIPP by specifying who can request such access, what information is to be provided, and a timeframe for requests to be fulfilled. The amendments are necessary to clarify that employees have a right of access to the employer’s IIPP, and what that access entails. 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 rulemakings be channeled through a single entity (the Standards Board).

The proposed rulemaking differs from federal regu- lations in that there is no comparable federal regulation. Anticipated Benefits The anticipated benefit of the proposal is to clarify to employers that employees have the right to access the IIPP as an integral part of an effective IIPP. Ensuring that employees have sufficient access to the employer’s IIPP is beneficial because it will: (1) help employees understand how to communicate hazards to their em- ployer, and (2) aid in the understanding of the IIPP and the role of the employee in creating a safe workplace. The specific changes are as follows:

Section 3203. Injury and Illness Prevention Program.

Section 3203 requires employers to establish, imple- ment, and maintain an effective IIPP. The

section re- quires employers to identify and correct workplace haz- ards, develop a means to communicate hazards to em- ployees, ensure employee compliance with provisions of the IIPP, investigate injuries and illnesses, and pro- vide training and instruction to affected employees. The employer must also identify a person (or persons) with the authority and responsibility to implement the IIPP. The proposed amendments provide means for em- ployees to receive access to their employer’s IIPP, if they so choose.

The amendments also provide employ- ees the option of obtaining such access through the use of a third−party representative. Furthermore, details for providing access are included, such as a time frame for providing the IIPP, employer protections for repeat re- quests, and provisions for some employers to provide the required access online. Subsection 3203(a)(8) is proposed to be added to clarify to employers that employees have the right to ac- cess the IIPP as an integral part of an effective IIPP.

En- suring that employees have sufficient access to the em- ployer’s IIPP will: (1) help employees understand how to communicate hazards to their employer, and (2) aid in the understanding of the IIPP and the role of the em- ployee in creating a safe workplace. Subsection 3203(a)(8)(

A) provides

definitions for use in complying with the proposed amendments. The

definitions for “access” and “designated representa- tive” are based substantially on corresponding defini- tions found in

Section 3204 Access to Employee Expo- sure and Medical Records. A third definition, “written authorization,” is also based on information from Sec- tion 3204 [see subsection 3204(c)(12)]. The

definitions will aid employers in understanding key terms, which are important for compliance with the proposed amendments. Subsection 3203(a)(8)(

B) requires the employer to provide access to the IIPP using one of two options. The first option, subsection 3203(a)(8)(B)1.(

a) and (b), re- quires the employer to provide a printed copy of the IIPP, free of charge, within five business days of receipt of the request. Where an employee (or designated repre- sentative) agrees to receive an electronic copy of the IIPP in lieu of a printed copy, the employer has the op- tion of providing the IIPP electronically. The proposed language will ensure that employees and their designat- ed representatives have timely access to the IIPP, at no cost to themselves.

Subsection 3203(a)(8)(B)1.b reduces the likelihood of repeated requests for an IIPP, which has not been up- dated, by allowing the employer to charge for additional copies requested within one year of a previous request. Employers are prohibited from charging for an IIPP which has been updated with new information since the last copy was provided, even if the request comes with- in one year of a previous request.

The second option for providing access to the IIPP only applies to employers whose employees pre- dictably and routinely use electronic means to commu- nicate with coworkers or management and as part of their work duties. Proposed subsection 3203(a)(8)(B)2. allows employers to comply with the proposed access requirements by providing unobstructed access to the IIPP through a company server or website. Because of the growing trend of businesses toward paperless communication, employers are increasingly likely to provide access to the IIPP using barrier−free

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 191 electronic means. The requirement is designed to allow employees that do not work at a single workstation with printing capabilities to utilize the online access option as long as the employee predictably and routinely has access to the electronic means necessary to review, email, and print the IIPP. The second option was developed for businesses whose employees typically use electronic means for communication with management or coworkers and as part of their work duties.

The subsection will provide reasonable and less burdensome means for ensuring employee access to the IIPP. Employers are required to provide the same information to employees, whether the IIPP is provided via the first or second option. The proposed language of subsection 3203(a)(8)(

C) places limitations on the information an employer is re- quired to provide as part of the IIPP. The language will inform employers that only the program elements re- quired by subsection 3203(

a) are required to be provid- ed for compliance with this subsection, and not the records of any steps taken to implement or maintain the IIPP. Proposed subsection 3203(a)(8)(

D) allows employ- ers with multiple programs to provide only the IIPP (or IIPPs) applicable to the employee requesting access. Allowing employers to provide only the information applicable to the requesting employee will ensure that the employee is provided with the appropriate and rele- vant access to the IIPP. Subsection 3203(a)(8)(

E) requires employers to in- form employees of their right to access the IIPP. The subsection also requires the employer to establish a pro- cedure for providing such access. Requiring employers to inform employees of their right to access the IIPP and the procedure to obtain such access will ensure employ- ees can access the information contained in the IIPP. Subsection 3203(a)(8)(

F) informs and clarifies that the proposed amendments are not intended to infringe upon the rights of collective bargaining agents to col- lectively bargain for more access to safety and health in- formation than is provided by the current proposal. The subsection will ensure that existing and future collec- tive bargaining rights are not affected by the proposal. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies and School Districts: None. Costs 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 significant cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

A representative business would necessarily need to inform its employees of their right to access the IIPP, and the procedure to obtain such access. When requested, the business may need to provide the employee, or his/her designated representative, with a printed copy of the IIPP. The Board estimates that informing employees of the right and procedure to access the IIPP could have a one− time cost impact of up to $10 per business, and that each printed copy supplied will cost about $0.25.

A limited number of printed copies are anticipated to be request- ed, however, because many employers already provide access to the IIPP by making it available in employee common areas and/or online. 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 or individuals, including the ability of California busi- nesses to compete with businesses in other states.

All businesses will need to inform their employees of the right to access the IIPP and the procedure to obtain such access. When requested, the business may need to pro- vide the employee, or his/her designated representative, with a printed copy of the IIPP. The Board estimates that informing employees of the right and procedure to access the IIPP could have a one− time cost impact of up to $10 per business, and that each printed copy supplied will cost about $0.25.

A limited number of printed copies are anticipated to be request- ed, however, because many employers already provide access to the IIPP by making it available in employee common areas and/or online. Significant Effect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ment may affect small businesses; however, no signifi- cant economic impact is anticipated. All businesses will need to inform their employees of the right to access the IIPP and the procedure to obtain such access. When re- quested, the business may need to provide the employ-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 192 ee, or his/her designated representative, with a printed copy of the IIPP. The Board estimates that informing employees of the right and procedure to access the IIPP could have a one− time cost impact of up to $10 per business, and that each printed copy supplied will cost about $0.25. A limited number of printed copies are anticipated to be request- ed, however, because many employers already provide access to the IIPP by making it available in employee common areas and/or online.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The proposed regulation will not affect the: (1) cre- ation or elimination of California jobs, (2) creation of new businesses or elimination of existing California businesses, or (3) expansion of existing California busi- nesses. The proposed amendments clarify that employ- ers must make the IIPP available to employees and their designated representatives, but do not place significant additional requirements on them. Many employers already provide employee access to the IIPP through the readily available printed and/or electronic copies.

For employers that do not currently provide such access, they will need to ensure that em- ployees can access a copy of the IIPP directly or through a designated representative, upon request. BENEFITS OF THE PROPOSED ACTION The proposal promotes worker safety by ensuring that employees have sufficient access to the employer’s IIPP, which helps employees understand how to com- municate hazards to their employer and aids in the un- derstanding of the IIPP and the role of the employee in creating a safe workplace.

Employees who may have difficulty understanding the IIPP and its implementa- tion, or who may be hesitant to ask a supervisor for clar- ification of a matter related to the IIPP, now have an ex- plicit right to obtain a copy of the IIPP for review. No significant environmental impact is anticipated from the proposed action. 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) and the back−up contact person is Michael Manieri (Principal 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, TEXTS 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 193 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 22. DEPARTMENT OF SOCIAL SERVICES ORD# 116−15 ITEM #1 Adoptions Regulations Revisions The California Department of Social Services (CDSS or Department) hereby gives notice of the proposed reg- ulatory action(

s) described below. Any person interest- ed may present statements or arguments orally or in writing relevant to the proposed regulations at a public hearing to be held on March 20, 2019, at the following address: Office Building #8 744 P St. Room 103 Sacramento, California The public hearing will convene at 10:00 a.m. and will remain open only as long as attendees are present- ing testimony. The purpose of the hearing is to receive public testimony, not to engage in debate or discussion. The Department will adjourn the hearing following the completion of testimony presentations.

The above− referenced facility is accessible to persons with disabili- ties. If you are in need of a language interpreter at the hearing (including sign language), please notify the De- partment at least two weeks prior to the hearing. Statements or arguments related to the proposals may also be submitted in writing, e−mail, or by facsimile to the address/number listed below. All comments must be received by 5:00 p.m. on March 20, 2019.

Following the public hearing, the Department may thereafter adopt the proposals substantially as de- scribed below or may modify the proposals if the modi- fications are sufficiently related to the original text. With the exception of nonsubstantive, technical, or grammatical changes, the full text of any modified pro- posal will be available for 15 days prior to its adoption to all persons who testify or submit written comments during the public comment period and all persons who request notification. Please address requests for regula- tions as modified to the agency representative identified below.

Copies of the express terms of the proposed regula- tions and the Initial Statement of Reasons are available from the office listed below. This notice, the Initial Statement of Reasons and the text of the proposed regu- lations are available on the internet at CDSS Public Hearings for Proposed Regulations ( http://www.cdss. ca.gov/inforesources/Letters−Regulations/ Legislation−and−Regulations/CDSS−Regulation− Changes−ln−Process−and−Completed−Regulations/ Public−Hearing−Information).

Additionally, all the in- formation which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below. Following the public hearing, copies of the Final Statement of Rea- sons will be available from the office listed below: Office of Regulations Development California Department of Social Services 744 P Street, MS 8−4−192 Sacramento, California 95814 TELEPHONE: (916) 657−2586 FACSIMILE: (916) 654−3286 E−MAIL: ord@dss.ca.gov CHAPTERS California Code of Regulations, Title 22, Division 2,

Chapter 3, Sections 35000 (Definitions), 35001 (Defi- nitions — Forms), 35002 (Making Corrections or Al- terations to the Relinquishment or Consent Form), 35003 (Procedures for Parents Who Cannot Read Eng- lish or Cannot Read any Language), 35021 (Compli- ance with CCR Requirements for the Staffing of Adop- tion Agencies), 35037 (Fees), 35043 (Maternity Care), 35045 (Compliance with CCR Requirements for Con- tent of Case Record), 35047 (Additional Requirements for Adoptions Case Records), 35049 (Releasing Infor- mation from an Adoption Case Record), 35050 (Pro- viding Updated Medical Information to Adoptive Par- ents Post Finalization), 35051 (Providing a Medical Re- port Upon Request), 35053 (Disclosing Information to the Adoptee), 35055 (Disclosing Information to the Birth Parent), 35059 (Statutory Requirements for Fur- nishing Information and Access to Case Records), 35061 (Statutory Requirements for the Release of Per- sonal Property), Disclosure of Information to a Sib- ling), 35063 (Disclosure of Information to a Sibling), 35065 (Services to be Provided Following Finalization of an Adoption), and 35078 (Adoption Facilitators).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 194 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current law and regulations allow a child who is legally freed to be adopted. California currently regu- lates adoptions through either an agency, independent, or intercountry adoption. Existing regulations provide procedures for the Department, county, and licensed adoption agencies to provide adoption services of chil- dren who are dependents of the juvenile court, relin- quished, or placed for adoption. The proposed regulations revise specific provisions and adopt new language in Title 22, Division 2,

Chapter 3, Sections 35000 through 35078. These proposed regu- lations also incorporate by reference numerous adop- tion forms and other program−required forms. There have been many enacted legislation that have affected the adoption program regulations since the last major revision. In 1996, the legislature enacted: Assembly Bill (AB) 1832 (Chapter 1062, Statutes of 1996). It amended Family Code (FC)

section 7576 to state that a man executing a declaration of paternity is conclusively presumed to be the child’s father and has the same force and effect as the presumption under FC

section 7540, and AB 2165 (Chapter 510, Statutes of 1996). It adopted FC

section 8811.5 to allow a licensed adoption agency to certify prospective adoptive parents by a pre−placement evaluation. Senate Bill (SB) 2035 (Chapter 1135, Statutes of 1996). It adopted FC sections 8623, 8626, 8636 and 8638 regarding adoption facilitators. In 2000, AB 2433 (Chapter 937, Statutes of 2000) was enacted. It amended FC

section 8801.3 to allow an adoption placement agreement form be signed out of the country and in front of a notary for the purposes of identification of the birth parent only. It also amended FC

section 9102 to change the allowed period of setting aside an adoption dealing with fraud from three years to five years. In 2001, Senate Bill (SB) 104 (Chapter 688, Statutes of 2001) was enacted. It amended FC sections 8801.3 and 8814.5 to change the right to revoke a consent to adoption from 90 days to 30 days. In 2003, SB 947 (Chapter 469, Statutes of 2003) was enacted. It adopted FC

section 8620 to implement the requirements of the Indian Child Welfare Act (ICWA) in regards to proper noticing requirements. In 2004, SB 1357 (Chapter 858, Statutes of 2004) was enacted. It adopted FC

section 7660.5 to allow a pre- sumed father to waive his right to notice. It also amend- ed FC

section 8502 to allow an individual who resides outside of the United States who is licensed or certified to act as an Adoption Service Provider. It further amended FC

section 8802 to require any post−adoption contact agreement to be filed with a petition for adoption. In 2006, the legislature enacted: SB 678 (Chapter 838, Statutes of 2006). It adopted FC

section 8606.5 to implement requirements of the ICW A regarding adoption of Indian children. It also amended FC

section 8620 to state all noticing under the ICWA must comply with FC

section 180, and SB 1758 (Chapter 754, Statutes of 2006). It adopted FC

section 8632.5 to require all adoption facilitators that operate independently from a licensed public or private adoption agency or an attorney in California to register with the Department. In 2008, the legislature enacted: AB 1279 (Chapter 759, Statutes of 2008). It amended FC

section 8810 to reduce the statewide income requirement from median to lower income, to allow petitioners to apply for a fee waiver, and SB 1726 (Chapter 534, Statutes of 2008). It amended FC

section 7660.5 to state that a presumed father may waive the right to notice of any adoption proceeding and allow a representative of the Department or a licensed public or private adoption agency to witness the signing of the waiver before or after the birth of the child. It also states that there is no need to terminate parental rights of an alleged father if he signs either a waiver notice, denial of paternity, relinquishment, or consent to the adoption of the child. This bill also adopted FC

section 8639 regarding civil penalties charged to the adoption facilitator if they refuse to be included on the adoption facilitator registry. Furthermore, it amended FC

section 8814.5 to allow an adoption service provider to witness the signing of the waiver of the right to revoke consent when the birth parent is represented by legal counsel. In 2011, AB 687 (Chapter 462, Statutes of 2011) was enacted. It amended FC

section 7663 to state that the court require an inquiry be made to the mother to identi- fy any presumed or alleged father and that efforts must be made to give notice of the proposed adoption. It also amended FC

section 9102 to add that an adoption can be set−aside, vacated, or nullified within 90 days of dis- covery of the fraud. In 2012, the legislature enacted: AB 1757 (Chapter 638, Statutes of 2012). It adopted FC

section 8609.5 to state the location of where an adoption petition of a non−dependent

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 195 child can be filed. This information was previously located in FC sections 8714 and 8810, and SB 1013 (Chapter 35, Statutes of 2012). It amended FC sections 8506, 8509, and 8524 to include a county adoption agency to the definition of agency adoption, applicant, and independent adoption. It also adopted FC

section 8513 to include the definition of county adoption agency. It further amended FC

section 8515 to delete “licensed” from the definition of delegated county adoption agency. In addition, it amended FC

section 8530 to delete county adoption agency from the definition of licensed adoption agency. Furthermore, it amended FC 8608 to include county adoption agencies as an agency required to transmit pertinent medical information to adoptees and prospective adoptive parents. Finally, it amended FC

section 8620 to include county adoption agencies as one of the agencies responsible for ICWA inquiry. In 2013, AB 1403 (Chapter 510, Statutes of 2013) was enacted. It amended FC

section 7611 to change the definition of “presumed father” to “presumed parent.” It also amended FC

section 7661 to change the term to “the other parent” in regards to their relinquishment or consent. In 2014, AB 1701 (Chapter 763, Statutes of 2014) was enacted. It amended FC

section 8807 to state that if petitioners have a valid pre−placement evaluation or agency adoption home study, the investigation agency may elect not to reinvestigate if there is no new informa- tion. Any information already covered by the preplacement/home study is acceptable except for com- pleting all background clearances required by law. These proposed regulations are necessary to imple- ment state and federal laws for the administration of the adoptions program and will help ensure the safety of children adopted through the California adoption process.

The Department conducted an evaluation as to whether there are any related regulations on this matter and has found that these are the only regulations dealing with the adoption programs. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state and federal regulations.

The following forms included in these regulations have been amended and are being incorporated by reference: AD 1A (4/15) — Parental Consent to Adoption (In or Out−of−California) AD 1F (4/15) — Parental Consent to Adoption (Out- side California in the Armed Forces) AD 20 (4/15) — Refusal to Give Parental Consent to Adoption (Birth Mother/Presumed/Biological Father/ Legal Parent) AD 20B (5/15) — Refusal to Give Parental Consent to Adoption — Alleged Father AD 42I (3/02) — Independent Adoption Program — Individual Case Report AD 67 (5/15) — Information About the Birth Mother AD 67A (7/15) — Information About the Birth Father AD 90 (6/13) Supporting Information for Issuance of California Department of Social Services Acknowledg- ment and Confirmation of Receipt of Child Freeing Documents AD 100 (7/10) — Authorization for Use and/or Dis- closure of Information Independent Adoption Program AD 165 (3/15) — Presumed Father’s Consent to Adoption When Denying He is the Biological Father (In or Out−of−California) AD 512 (1/14) — Psychosocial and Medical History of Child AD 588 (4/15) — Denial of Paternity by Alleged Fa- ther (In or Out−of−California) AD 590 (4/15) — Waiver of Right to Further Notice of Adoption Planning (Alleged Father In or Out−of− California) AD 594 (3/15) — Alleged Father’s Consent to Adop- tion (In or Out−of−California) AD 842 (7/15) — Alleged Father’s Consent to Adop- tion (Outside California in the Armed Forces) AD 859 (8/15) — Parental Consent to Adoption of In- dian Child (In or Out−of−California) AD 860 (8/15) — Presumed Father’s Consent to Adoption of Indian Child (In−or−Out of California) AD 861 (8/15) — Alleged Father’s Consent to Adop- tion of Indian Child (In or Out−of−California) AD 880 (9/15) — Declaration of Mother AD 887 (3/18) — Statement of Understanding — In- dependent Adoptions Program (Parent Who Gave Physical Custody (Custodial Parent) of the Child to the Prospective Adoptive Parent(s)) AD 887A (3/18) — Statement of Understanding — Independent Adoptions Program (Parent Who Did Not Give Physical Custody (Non−Custodial Parent) of the Child to the Prospective Adoptive Parent(s)) AD 887B (3/18) — Statement of Understanding — Independent Adoptions Program (Alleged Father) AD 900 (3/18) — Statement of Understanding — In- dependent Adoptions Program (Parent Who Gave Physical Custody (Custodial Parent) of the Indian Child to the Petitioner(s)) AD 900A (3/18) Statement of Understanding — In- dependent Adoptions Program (Parent Who Did Not

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 196 Give Physical Custody (Non−Custodial) of the Indian Child to the Petitioner(s)) AD 900B (3/18) — Statement of Understanding — Independent Adoptions Program (Alleged Father of In- dian Child) AD 904 (7/11) — Consent for Contact AD 904A (12/10) — Waiver of Rights to Confiden- tiality for Siblings AD 908 (9/15) — Adoptions Information Act Statement AD 924 (5/15) — Independent Adoption Placement Agreement AD 925 (8/15) — Independent Adoption Placement Agreement (Indian Child) AD 926 (1/18) — Statement of Understanding — In- dependent Adoption Program (Parent Who Places the Child with the Prospective Adoptive Parent(s)) AD 927 (3/18) — Statement of Understanding — In- dependent Adoption Program (Parent of Indian Child Who Places the Child with the Prospective Adoptive Petitioner(s)) AD 928 (7/02) — Revocation of Consent — Indepen- dent Adoption Program AD 929 (11/16) — Waiver of Right to Revoke Con- sent — Independent Adoption Program AD 930 (7/11) — Independent Adoption Placement Agreement Transmittal AD 4333 (8/14) — Acknowledgement or Confirma- tion of Receipt of Child Freeing Documents AD 4336 (4/15) — Presumed Father’s Consent to Adoption When Denying He is the Biological Father (Outside California in the Armed Forces) FC 3 (11/04) — Determination of Federal AFDC−FC Eligibility ICPC 100A (8/2001) — Interstate Compact On The Placement Of Children Request ICPC 100B (8/2001) — Interstate Compact On The Placement of Children Report on Child’s Placement Status I−600 (02/15) — Petition to Classify Orphan as an Immediate Relative Adopt−200 (1/16) — Adoption Request Adopt−210 (1/16) — Adoption Agreement Adopt−215 (1/16) — Adoption Order Adopt−220 (7/10) — Adoption of Indian Child Adopt−230 (1/07) — Adoption Expenses Adopt−310 (1/03) — Contact after Adoption Agreement JV−505 (1/08) — Statement Regarding Parentage (Juvenile) VS 44 (1/16) — Court Report of Adoption The following forms included in these regulations have been adopted: AD 8 (10/01) — Marriage/Divorce Verification AD 9 (11/07) — Independent Adoption Questionnaire AD 10 (9/03) — Request for Reference AD 65 (2/02) — Parent’s Authorization for Medical and Surgical Care AD 70 (11/15) — Adoption Facilitator Registry Application AD 71 (11/15) — Adoption Facilitator Registry — Trainee Application AD 72 (11/15) — Adoption Facilitator Complaint Form AD 898 (1/11) — Consent of CDSS or Delegated County Adoption Agency — Independent Adoptions Program AD 904B (1/11) — Waiver of Rights to Confidential- ity for Siblings — Under the Age of 18 AD 908A (1/11) — Adoptions Information Act Statement (Adult Adoptee (age 21 or older)) ADM 36 (6/99) — Medical Report Regarding Child to be Adopted BCIA 8016 (01/2011) — Request for Live Scan Service BCIA 8302 (8/2016) — No Longer Interested (NLI) Notification (For Non−Department of Justice Applicants) BCII 9004 (3/05) — Request for Exemption from Mandatory Electronic Fingerprint Submission Requirement FD 258 (9/9/13) — fingerprint card Adopt−225 (1/05) — Parent of Indian Child Agrees to End Parental Rights ICWA−010(A) (1/08) — Indian Child Inquiry Attachment ICWA−020 (1/08) — Parental Notification of Indian Status ICWA−030 (1/08) — Notice of Child Custody Pro- ceeding for Indian Child ICWA−030(A) (1/08) — Attachment to Notice of Child Custody Proceedings for Indian Child The following forms included in these regulations have been repealed: AD 1C (1/95) — Consent to Adoption by Parent(

s) Outside California AD 42 ICA (7/95) — Intercountry Adoption Pro- gram — Individual Case Report AD 166 (1/95) — Consent to Adoption by Father Outside California AD 585 ENG/SP (8/95) — Relinquishment (Pre- sumed Father Denies He is the Birth Father) AD 831 (7/87) — Private Adoption Agency Cost Jus- tification for Adoptive Placement AD 865 (1/92) — Relinquishment of Indian Child (Birth Mother and/or Presumed Father) Out of County

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 197 AD 873 (7/95) — Relinquishment of Indian Child (Presumed Father Denies He is Birth Father) Out of County AD 920 ENG/SP (2/93) — Relinquishment — In or Out of County (Alleged Natural Father in California) — Parent Identifying Adopting Parent(

s) AD 921 ENG/SP (1/93) — Relinquishment (Birth Mother and/or Presumed Father) — Parent Identifying Adopting Parent(

s) AD 922 ENG/SP (3/97) — Relinquishment Adden- dum for Parent Identifying Adopting Parent(

s) AD 4311 (1/98) — Information on American Indian Child (Adoption Program) BID 7−A (5/90) — fingerprint card DHS 6155 (10/90) — Health Insurance Questionnaire COST ESTIMATE 1. Costs or Savings to State Agencies: These regulations reflect statutory changes made as far back as 1999. Appropriate funding was provided at the time of enactment. Therefore, no current funding adjustments are needed. 2. Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance With Government Code Sections 17500−17630: None. 3.

Nondiscretionary Costs or Savings to Local Agencies: These regulations reflect statutory changes made as far back as 1999. Appropriate funding was provided at the time of enactment. Therefore, no current funding adjustments are needed. 4. Federal Funding to State Agencies: These regulations reflect statutory changes made as far back as 1999. Appropriate funding was provided at the time of enactment. Therefore, no current funding adjustments are needed. LOCAL MANDATE STATEMENT These regulations do not impose a new mandate on local agencies or on local school districts.

There are no reimbursable state−mandated costs under

Section 17500 et seq. of the Government Code because these regulations make clear existing practice and only make technical and clarifying changes. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states.

STATEMENT OF POTENTIAL COST IMPACT ON PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would incur in reasonable compliance with the proposed action. SMALL BUSINESS IMPACT STATEMENT The Department has determined there is no impact on small businesses as a result of filing these regulations because these regulations are only applicable to state and county agencies.

STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California. The benefits of the regulatory action are primarily greater safeguards for the health and welfare of Califor- nia residents by improving the well−being and out- comes for adopted children in California. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, CDSS did not consider any other alternatives as there were no other al- ternatives proposed. The Department must determine that no reasonable alternative considered or that has otherwise been identi- fied and brought to the attention of the Department would be more effective in carrying out the purpose for which the regulations are proposed or would be as ef- fective as and less burdensome to affected private per- sons than the proposed action, or would be more cost−

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 198 effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law. AUTHORITY AND REFERENCE CITATIONS The Department adopts these regulations under the authority granted in Sections 10553, 10553.1, 10554, 16118, and 16120, Welfare and Institutions Code; Sec- tion 1530, Health and Safety Code; Sections 8608, 8619, 8621, 8632.5, and 8901, Family Code; and Sec- tions 996.310−996.360, California Code of Civil Proce- dure.

Subject regulations implement and make specific Sections 224.1, 224.3, 361.5, 366.21, 366.22, 366.24, 366.25, 366.26, 366.3, and 366.31, Welfare and Institu- tions Code; Sections 177, 180, 7540, 7541, 7550, 7551, 7551.5, 7552, 7552.5, 7553, 7554, 7555, 7556, 7557, 7558, 7571, 7573, 7576, 7611, 7611.5, 7612, 7660.5, 7662, 7663, 7667, 7900 et seq., 8502, 8503, 8506, 8509, 8513, 8514, 8515, 8530, 8533, 8539, 8542, 8608, 8609.5, 8612, 8616.5, 8620, 8623, 8625, 8626, 8627, 8628, 8629, 8631, 8632.5, 8636, 8638, 8700, 8700.5, 8702, 8706, 8712, 8714, 8714.5, 8714.7, 8730, 8801, 8801.3, 8801.5, 8802, 8807, 8808, 8810, 8811, 8811.5, 8814, 8814.5, 8816, 8817, 8818, 8902, 8908, 8909, 8911, 8912, 9000, 9200, 9202, 9203, 9204, 9205, and 9206, Family Code; Sections 1283, 1505.2, 1506, 1522, and 123800 et seq., Health and Safety Code; and Sec- tions 1183 and 1183.5, Civil Code.

CDSS REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Everardo Vaca (916) 657−2586 Backup: Sylvester Okeke (916) 657−2586 GENERAL PUBLIC INTEREST DEPARTMENT OF AGING PUBLIC NOTICE — RENEWAL OF MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP) WAIVER The Department is seeking to renew the MSSP Waiv- er for frail older adults. Changes to the MSSP Waiver include: • The time frame that MSSP sites have fiscal audits is being changed to at least every three years instead of every two. This change aligns with W&I Code

section 14170(a)(1). • The “Unduplicated Number of Participants” and “Maximum Number of Participants” will be updated to reflect the change with the transition of the sites in CCI counties to managed care. • Non−medical Home Equipment (2.3) language is being updated to delete example items, to clarify this is not an exhaustive list.

The CMS suggested core definition is being used for this service category, and listed items are not required unless the intent is to create an exhaustive list. • All language related to Residential Care Facility for the Elderly will be removed, since all instances when a participant lives in a RCFE are disallowed. • The performance measure related to annual staff training and certification is being updated to measure the number of sites that train/certify their staff. • The performance measure related to documentation on freedom of choice will have the “State Fair Hearing process” removed since it does not pertain to the sub−assurance. • Language in the performance measure related to critical incidents is being updated to remove the terms, “validated or substantiated.” • The performance measure related to an incident management system is being updated to, “Percent of critical incidents where the root cause was identified.” • The performance measure related to health care trends is being updated to, “Percent of participants who report that their health and safety needs are being met by the waiver.” If you would like to view the Waiver Renewal in per- son or request a hard copy, please visit the California Department of Aging ( http://www.aging.ca.gov) or submit a request by mail to the department at the ad-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 199 dress below. A link to the Waiver application can be found at: https://aging.ca.gov/Docs/MSSP/Letter/ Application%20for%201915(c)%20HCBS% 20Waiver%20CA_0141_R05_02%20−%20Jul% 2001,%202016.pdf.

Comments regarding the proposed MSSP Waiver Re- newal will be accepted for a period of thirty (30) days ending March 4, 2019 and can be sent via email to MSSPService@aging.ca.gov or via hard copy to: California Department of Aging MSSP Branch 1300 National Drive #200 Sacramento, CA 95834 ATTN: Amber Kraw DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR Cielo Vista Development Project 2080−2019−001−05 Orange County The California Department of Fish and Wildlife (CDFW) received a notice on January 17, 2019 that North County BRS Project, LLC proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA).

The proposed project involves development of 80 single family homes and associated infrastructure on about 34.36 acres within an 84.78−acre property. An addition- al 8.04 acres beyond the development footprint will be maintained within a fuel modification zone and water quality basin. The project also includes restoration, preservation, and long−term management of 33.59 acres of open space, located to the north of the proposed development. Proposed activities will include, but are not limited to, grading of the site vegetation removal, and construction activities.

The proposed project will occur on unincorporated land within the City of Yorba Linda’s sphere of influence, Orange County, California. The U.S. Fish and Wildlife Service (Service) issued a federal biological opinion (Service Ref. No. FWS− OR−12B0346−18F0405) in a memorandum to the U.S. Army Corps of Engineers on December 21, 2018, which considered the effects of the proposed project on state and federally endangered least Bell’s vireo (Vireo bellii pusillus). Pursuant to California Fish and Game Code

section 2080.1, North County BRS Project, LLC is requesting a determination that the BO and its associated ITS are consistent with CESA for purposes of the proposed project. If CDFW determines the BO and its associated ITS are consistent with CESA for the proposed project, North County BRS Project, LLC will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NO. 2080−2018−016−02 Project: Cottonwood Creek Bridge Replacement Location: Butte County Applicant: California Department of Transportation, District 3 Background The California Department of Transportation (Appli- cant) proposes to replace the existing bridge over Cot- tonwood Creek. The Cottonwood Creek Bridge Re- placement (Project) includes bridge construction ap- proximately 100 feet east of the existing bridge align- ment and demolition of the existing crossing.

The Ap- plicant will install no more than 36, maximum diameter 24−inch cast−in−steel−shell concrete piles to support the new abutments and bridge structure. The Applicant will pour a five−span (40−foot wide) cast−in−place slab deck on the new abutments and piles. The Applicant will realign the roadway to the east to accommodate the new bridge offset and construct a temporary in−water trestle platform to facilitate bridge work. The Project area covers approximately 17 acres and is located on State Route (SR) 99 at Post Mile (PM) 15.41 over Cot- tonwood Creek.

Construction will have a duration of approximately 135 working days, scheduled to begin in summer 2019 and continue through 2021. The California Department of Fish and Wildlife (CDFW) expects the Project activities described above to incidentally take 1 giant garter snake (Thamnophis gi- gas; hereafter GGS) where those activities take place within the Project areas. In particular, the Applicant could incidentally take GGS as a result of grading, ex- 1 Pursuant to Fish and Game Code

section 86, “ ‘Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection Infor- mation Center v. California Department of Forestry and Fire Pro- tection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivision (b), “ ‘take’. . .means to catch, capture or kill”).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 200 cavating, pile driving, capture and relocation, crushing by vehicles or heavy equipment, and entombment in burrows through the installation of Project components. GGS are designated as a threatened species pursuant to the federal Endangered Species Act (ESA) (16 U.S.C. § 1531 et seq.) and threatened species pursuant to the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.). (See Cal. Code Regs., tit. 14, § 670.5, subd. (b)(4)(E)). GGS individuals are documented as present within 2.7 miles of the Project areas.

Because of the proximity of the nearest documented GGS, dispersal patterns of GGS, and the presence of GGS habitat within the Project areas, the United States Fish & Wildlife Service (USFWS) determined that GGS are reasonably certain to occur within the Project areas and that Project activi- ties are expected to result in the incidental take of GGS. The Project will result in the temporary loss of 6 acres of suitable upland and aquatic habitat, and the perma- nent loss of 3.82 acres of suitable upland and aquatic habitat.

Because the Project is expected to result in take of a species designated as threatened under the ESA, the Federal Highway Administration (FHWA) consulted with the USFWS as required by the ESA. On August 1, 2018, the USFWS issued a biological opinion (USFWS file No. 08ESMF00−2017−F−3174−R001−1) (BO) to the California Department of Transportation. The BO describes the Project, requires the Applicant to comply with terms of the BO and its incidental take statement (ITS), and incorporates additional measures.

The BO also requires the Applicant to implement and adhere to measures contained within the Biological As- sessment dated July 17, 2018. On December 21, 2018, the Director of CDFW re- ceived a notice from the Applicant, requesting a deter- mination pursuant to Fish and Game Code

section 2080.1 that the BO and its related ITS are consistent with CESA for purposes of the Project and GGS. (Cal. Reg. Notice Register 2019, No. 1−Z, p. 40.) Determination CDFW has determined that the BO, including the ITS, is consistent with CESA as to the Project and GGS because the mitigation measures contained in the BO and ITS as well as the conditions in the BA, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing inciden- tal take of CESA−listed species.

Specifically, CDFW finds that: (1) take of GGS will be incidental to an other- wise lawful activity; (2) the mitigation measures identi- fied in the BO and ITS, and BA will minimize and fully mitigate the impacts of the authorized take, are roughly proportional in extent to the impact of the authorized taking, and are capable of successful implementation; (3) adequate funding is ensured to implement the re- quired avoidance minimization and mitigation mea- sures and to monitor compliance with, and effective- ness of those measures; and (4) the Project will not jeop- ardize the continued existence of GGS.

The mitigation measures in the BO, ITS, and BA include, but are not limited to, the following (with page numbers noted for mitigation measures in the BA): Avoidance, Minimization, and Mitigation Measures • The Applicant shall compensate for the permanent loss of 3.82 acres and temporary loss of 6 acres, of suitable GGS habitat.

To compensate for the permanent loss of GGS habitat, before Project activities begin, the Applicant shall purchase 11.46 acres of GGS habitat preservation credits equal to 11.46 acres of GGS habitat from a USFWS− and CDFW−approved Conservation Bank or Mitigation Site with a bill of sale provided to USFWS and CDFW prior to beginning work. (BA, p. 31). • A USFWS− and CDFW−approved biologist will perform pre−construction surveys for GGS and oversee all ground−disturbing activities. Surveys of the Project area will be repeated if a two−week or greater lapse in construction activity occurs.

If GGS is encountered during construction, activities will cease until appropriate corrective measures have been completed or it has been determined that the GGS will not be harmed.

Any sightings and any incidental take will be reported to the USFWS and CDFW immediately by telephone at (916) 414−6631 or (916) 358−2900, respectively, and email or written letter addressed to the Chief, Sacramento Division (USFWS) or North Central Region (CDFW), within one working day of the incident. (BA, p. 30.) • Construction activity will be conducted between May 1 and October 1, which is the active season for GGS, in a manner that minimizes impacts to the species.

Snake exclusion fencing will be placed around the action area (fenced area) before construction during the active period for GGS (May 1−October 1) and be maintained through the construction period until the project has been completed. • Prior to construction activities, construction personnel will receive worker awareness training conducted by a USFWS− and CDFW−approved biologist.

The education program will instruct workers to recognize GGS and GGS habitat that construction personnel may encounter during the proposed projects, and will cover and guidelines that crews must follow to avoid or minimize effects. (BA, p. 30.)

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 201 • Upon completion of the Project, all disturbed areas within the action area will be revegetated using native plant species, and post−monitoring work and pictures will be reported to USFWS and CDFW showing that temporary impacts have been restored to pre−construction conditions. (BA, p. 31.) Monitoring and Reporting Measures • The Applicant will notify CDFW 5 days prior to when construction is scheduled to commence. (BA, p. 30.) • As stated in the ITS, USFWS requires the Applicant to immediately reinitiate consultation if at least 1 GGS is found dead or injured during Project activities.

Although not a condition of the BO, CDFW requests to be included in this consultation. • The Applicant’s USFWS/CDFW approved biologist will submit a monthly compliance report during construction to the USFWS and CDFW including documentation of environmental awareness training, pre−construction surveys, and the current implementation status of each mitigation measure. (BA, p. 32.) • The Applicant shall immediately contact USFWS at (916) 414−6631 and North Central Region CDFW at (916) 358−2900 to report direct encounters between GGS and project workers and/or their equipment whereby incidental take in the form of harassment, harm, injury, or mortality occurs.

If the encounter occurs after normal working hours, Caltrans shall contact the USFWS and CDFW at the earliest possible opportunity the next working day. When injured or killed GGS individuals are found, Caltrans shall follow the steps outlined in the Salvage and Disposition of Individuals

section in the ITS. (BA, p. 32.) • For those components of the action that will require the capture and relocation of any GGS, the Applicant shall immediately contact USFWS at (916) 414−6631 and North Central Region CDFW at (916) 358−2900 to report the action. If capture and relocation need to occur after normal working hours, Caltrans shall contact the agencies at the earliest possible opportunity the next working day. (BA, p. 32.) • No later than 45 days after completion of all mitigation measures, Applicant shall provide CDFW with a Final Mitigation Report.

The Designated Biologist shall prepare the Final Mitigation Report which shall include, at a minimum: (1) a table with notes showing when each of the mitigation measures was implemented; (2) all available information about Project−related incidental take of the Covered Species; (3) information about other Project impacts on the Covered Species; (4) beginning and ending dates of Covered Activities; (5) an assessment of the effectiveness of Conditions of Approval in minimizing and fully mitigating Project impacts of the taking on Covered Species; (6) recommendations on how mitigation measures might be changed to more effectively minimize take and mitigate the impacts Of future projects on the Covered Species; and (7) any other pertinent information. (BA, p. 32.) Financial Assurances • The Applicant will provide proof of financial assurances consistent with CESA in the form of a completed purchase of 11.46 acres of conservation credits from a USFWS−and CDFW−approved Conservation Bank or Mitigation Site to be documented with a Bill of Sale provided to CDFW and USFWS, prior to beginning work. (BA, p. 31.) Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of GGS, provided the Appli- cant implements the Project as described in the BO, in- cluding adherence to all measures contained therein, and complies with the mitigation measures and other conditions described in the BO, ITS and the BA. If there are any substantive changes to the Project, including changes to the mitigation measures, or if the USFWS amends or replaces the BO and ITS or the BA, the Ap- plicant shall be required to obtain a new consistency de- termination or a CESA incidental take permit for the Project from CDFW. (See generally Fish & G. Code, §§ 2080.1 and 2081, subds. (

b) and (c)).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 202 OAL REGULATORY DETERMINATION OFFICE OF ADMINISTRATIVE LAW DETERMINATION OF ALLEGED UNDERGROUND REGULATION (Summary Disposition) (Pursuant to Government Code

Section 11340.5 and Title 1,

section 270, of the California Code of Regulations) The attachments are not being printed for practical reasons or space considerations. However, if you would like to view the attachments please contact Margaret Molina at (916) 324−6044 or mmolina@oal.ca.gov. DEPARTMENT OF STATE HOSPITALS Date: January 18, 2019 To: Sam Consiglio From:

Chapter Two Compliance Unit Subject: 2019 OAL DETERMINATION NO. 1 (S) (CTU2018−1119−03) (Summary Disposition issued pursuant to Gov. Code,

sec. 11340.5; Cal. Code Regs., tit. 1,

sec. 270(f)) Petition challenging as an underground regulation the DSH−C Hospital Specific Contraband Justification, issued by Department of State Hospitals, Coalinga. On November 19, 2018, the Office of Administrative Law (OAL) received your petition asking for a determi- nation as to whether the DSH−C Hospital Specific Con- traband Justification, issued by Department of State Hospitals, Coalinga, constitutes an underground regu- lation. The challenged rule is attached hereto as Exhib- it A. In issuing a determination, OAL renders an opinion only as to whether a challenged rule is a “regulation” as defined in Government Code

section 11342.600, 1 which should have been, but was not, adopted pursuant to the Administrative Procedure Act (APA). Nothing in this analysis evaluates the advisability or the wisdom of the underlying action or enactment. If a rule meets the definition of a regulation in Gov- ernment Code

section 11342.600, but was not adopted pursuant to the APA, it may be an “underground regula- tion” as defined in California Code of Regulations, title 1,

section 250: The following

definitions shall apply to the regulations contained in this chapter: (a) “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in

Section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the AP A. [Emphasis added.] Generally, a rule which meets the definition of a “reg- ulation” in Government Code

section 11342.600, is re- quired to be adopted pursuant to the APA. In some cas- es, however, the Legislature has chosen to establish ex- emptions from the requirements of the APA. The Legis- lature has enacted an exemption with respect to the con- trol and elimination of contraband at state hospitals. Welfare and Institutions Code

section 7295(j), estab- lishes exemptions expressly for the California Depart- ment of State Hospitals (DSH): (

j) Notwithstanding

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, the hospital and the department may implement, interpret, or make specific this

section without taking regulatory action [Emphasis added]. This exemption applies when a rule is adopted by a hospital to implement, interpret, or make specific Wel- fare and Institutions Code

section 7295(a), which specifically deals with the control of contraband items at state hospitals: (

a) To ensure its safety and security, a state hospital that is under the jurisdiction of the State Department of State Hospitals, as listed in

Section 4100, may develop a list of items that are deemed contraband and prohibited on hospital grounds 1 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agen- cy to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 203 and control and eliminate contraband on hospital grounds. Pursuant to the provisions of Welfare and Institutions Code

section 7295(a), the development and issuance of the attached DSH−C Hospital Specific Contraband Jus- tification, and prohibiting patient access to those items identified on the list by the Department of State Hospitals−Coalinga, is not an underground regulation. 2 For the reasons discussed above, we find that the rule challenged by your petition is not an underground regulation. The issuance of this

summary disposition does not re- strict your right to adjudicate the alleged violation of

section 11340.5 of the Government Code. January 18, 2019 /s/ Debra M. Cornez Director /s/ Elizabeth A. Heidig Assistant Chief Counsel Copy: Stephanie Clendenin, A.D., DSH Brandon Price, E.O. DSH−Coalinga Patrice Huber, Esq. 2 The rule challenged by your petition is the proper subject of a

summary disposition letter pursuant to title 1,

section 270 of the California Code of Regulations. Subdivision (

f) of

section 270 provides: (f)

(1) If facts presented in the petition or obtained by OAL during its review pursuant to subsection (

b) demonstrate to OAL that the rule challenged by the petition is not an underground regulation, OAL may issue a

summary disposition letter stating that conclusion. A

summary disposition letter may not be issued to conclude that a challenged rule is an underground regulation.

(2) Circumstances in which facts demonstrate that the rule challenged by the petition is not an underground regulation include, but are not limited to, the following: (

A) The challenged rule has been superseded. (

B) The challenged rule is contained in a California statute. (

C) The challenged rule is contained in a regulation that has been adopted pursuant to the rulemaking provisions of the APA. (

D) The challenged rule has expired by its own terms. (

E) An express statutory exemption from the rulemaking provisions of the APA is applicable to the challenged rule. [Emphasis added.]

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

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

File# 2018−1203−03 BUREAU OF CANNABIS CONTROL Medicinal and Adult−Use Cannabis Regulation This is an action to make permanent the emergency regulations adopted in OAL no. 2017−1127−05E (read- opted in OAL no. 2018−0525−01EE) to implement, in- terpret, and make specific the Medicinal and Adult−Use Cannabis Regulation and Safety Act (MAUCRSA), found in Business & Professions Code,

section 26000 et seq. These regulations provide licensing and enforce- ment criteria for commercial cannabis businesses in California, including distributors, retailers, microbusi- nesses, temporary cannabis events, and testing labora- tories. These regulations inform applicants for licen- sure of the applicable meaning of key statutory terms, identify the documents and supplemental information required in an application, and provide specific clarifi- cation of terms, prohibitions, and conditions for com- pliance with MAUCRSA.

Title 16 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5007.1, 5007.2, 5008, 5009, 5010, 5010.1, 5010.2, 5010.3, 5011, 5012, 5013, 5014, 5015 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5024.1, 5025, 5026, 5027, 5028, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5040.1, 5041, 5041.1, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5052.1, 5053, 5054, 5300, 5301, 5302, 5303, 5303.1, 5304, 5305, 5305.1, 5306, 5307, 5307.1, 5307.2, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5400, 5402, 5403, 5403.1, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415, 5415.1, 5416, 5417, 5418, 5419, 5420, 5421, 5422, 5423, 5424, 5426, 5427, 5500, 5501, 5502, 5503, 5504, 5505, 5506, 5506.1, 5507, 5600, 5601, 5602, 5603, 5604, 5700, 5701, 5702, 5703, 5704, 5705, 5706, 5707, 5708, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 204 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5800, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 5813, 5814, 5815, 5900, 5901, 5902, 5903, 5904, 5905 Filed 01/16/2019 Effective 01/16/2019 Agency Contact: Kaila Fayne (916) 465−9120 File# 2018−1210−03 BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, HOME FURNISHINGS AND THERMAL INSULATION Amendment of Flammability Standards This action by the Bureau of Electronic and Appli- ance Report, Home Furnishings and Thermal Insulation amends furniture flammability standards by removing requirements of Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture For Use in Public Occupancies,” dated 1991.

Title 4 AMEND: 1374, 1374.3 Filed 01/22/2019 Effective 01/22/2019 Agency Contact: Diana Godines (916) 999−2068 File# 2018−1204−04 CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE Changed Statutes and Superseded Names This action without regulatory effect by the Califor- nia Debt Limit Allocation Committee deletes text and forms to align with changes to state and federal law. Reference to the California Industrial Development Fi- nance Advisory Commission are deleted in text and forms in response to the passage of Assembly Bill 1547 (Stats. 2018, ch. 645), which abolished this commis- sion.

Additionally, Congress removed the authority for Qualified Energy Conservation Bonds by repealing

section 54 in Title 26 of the Internal Revenue Code. CDLAC also makes several changes to forms to remove duplicative and unnecessary text.

Title 4 AMEND: 5000, 5033, 5060, 5100, 5170, 5260, 5350, 5450, 5500, 5540, 5600 REPEAL: 5361, 5362, 5363, 5380, 5560, 5570, 5571, 5572, 5573, 5580, 5590 Filed 01/16/2019 Agency Contact: Felicity Wood (916) 651−8484 File# 2018−1204−02 CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY Lifeline Grant Program The California Health Facilities Financing Authority submitted this timely certificate of compliance action to make permanent emergency regulations that provide el- igibility and evaluation criteria and an application and related procedures for specified small and rural health facilities to receive grants through the Lifeline Grant Program, which implements the Clinic Lifeline Act of 2017, enacted in Government Code

section 15438.11. Title 4 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 Filed 01/16/2019 Effective 01/16/2019 Agency Contact: Rosalind Brewer (916) 653−8243 File# 2018−1207−07 DEPARTMENT OF CORRECTIONS AND REHABILITATION Milestone Completion Credit

Schedule This certificate of compliance action makes perma- nent the prior emergency action amending the Mile- stone Completion Credit

Schedule to add new pro- grams, discontinue programs that are no longer avail- able to inmates, amend the number of credits earned for some programs, and reorganize the schedule. (See OAL File No. 2018−0608−02EON.) Title 15 AMEND: 3043.3 Filed 01/23/2019 Effective 01/23/2019 Agency Contact: Josh Jugum (916) 445−2228 File# 2018−1203−02 DEPARTMENT OF FOOD AND AGRICULTURE Cannabis Cultivation Licensing The Department of Food and Agriculture submitted this timely certificate of compliance action to make per- manent emergency regulations that implement statutes under the Medicinal and Adult−Use Cannabis Regula- tion and Safety Act.

The proposed regulations address the licensing of commercial cannabis cultivation opera- tions in California, including application and licensing requirements and related fees, cultivation site require- ments, inspection, investigation, audit, and enforce- ment provisions, and establish the statewide track−and− trace system, which will track activities of commercial cannabis and cannabis products from cultivation through the distribution chain.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 205 Title 3 ADOPT: 8000, 8100, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215, 8216, 8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8400, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 8409, 8500, 8501, 8600, 8601, 8602, 8603, 8604, 8605, 8606, 8607, 8608, 8609 Filed 01/16/2019 Effective 01/16/2019 Agency Contact: Amanda Brown (916) 263−0801 File# 2018−1204−07 DEPARTMENT OF FOOD AND AGRICULTURE Animal Biologics This change without regulatory effect repeals all reg- ulations in

chapter 8, division 2 of title 3 of the Califor- nia Code of Regulations, for which all rulemaking au- thority was removed with the passage of AB 1709 (Stats. 2010, Ch. 235).

Title 3 REPEAL: 1305.00, 1305.01, 1305.02, 1305.03, 1305.04, 1305.06, 1305.07, 1305.08, 1305.09, 1305.10, 1305.11, 1305.12 Filed 01/17/2019 Agency Contact: Thami Rodgers (916) 698−3276 File# 2018−1203−04 DEPARTMENT OF PUBLIC HEALTH Cannabis Manufacturing Licensing The Department of Public Health submitted this timely certificate of compliance action to make perma- nent the changes adopted in OAL File Nos. 2017−1127−04E, 2018−0403−03E, 2018−0525−02EE, and 2018−1001−02EE. This action makes permanent ninety four sections in

chapter 13 of division 1 of title 17 of the California Code of Regulations that implement the Medicinal and Adult−Use Cannabis Regulation and Safety Act (Senate Bill 94, Stats. 2017, Ch. 27).

This ac- tion will: 1) establish the licensing scheme, including temporary licenses, for manufacturers of manufactured cannabis products, including the requirements for ap- plications and the individuals or entities that are re- quired to submit applications; 2) establish licensing fees; 3) set minimum standards for extraction process- es; 4) set minimum standards for sanitary manufactur- ing practices; 5) establish licensee responsibilities for operations including requirements related to security, training, recordkeeping, and disposal; 6) establish qual- ity and safety standards for finished manufactured cannabis products; and 7) establish packaging and la- beling standards for manufactured cannabis products.

Title 17 ADOPT: 40100, 40101, 40102, 40105, 40115, 40116, 40118, 40120, 40126, 40128, 40129, 40130, 40131, 40132, 40133, 40135, 40137, 40150, 40152, 40155, 40156, 40159, 40162, 40165, 40167, 40175, 40177, 40178, 40179, 40180, 40182, 40184, 40190, 40191, 40192, 40194, 40196, 40200, 40205, 40207, 40220, 40222, 40223, 40225, 40230, 40235, 40240, 40243, 40246, 40248, 40250, 40253, 40255, 40258, 40270, 40272, 40275, 40277, 40280, 40282, 40290, 40292, 40295, 40297, 40300, 40305, 40306, 40308, 40315, 40330, 40400, 40401, 40403, 40404, 40405, 40406, 40408, 40409, 40410, 40411, 40412, 40415, 40417, 40500, 40505, 40510, 40512, 40513, 40515, 40517, 40525, 40550, 40551, and 40570 Filed 01/16/2019 Effective 01/16/2019 Agency Contact: Linda M.

Cortez (916) 440−7807 File# 2018−1206−01 NEW MOTOR VEHICLE BOARD Case Management As a change without regulatory effect, the New Mo- tor Vehicle Board amends four sections dealing with

definitions and hearings or protests. The amendments remove references to Vehicle Code sections that were contained in

article 6 ((commencing with

section 3085) in

chapter 6 of division 2) that expired by operation of law on 1/1/2019. (Veh. Code,

sec. 3085.10, Stats. 2015, ch. 526,

sec. 8.) Title 13 AMEND: 550, 551.8, 551.12, 590 Filed 01/16/2019 Agency Contact: Danielle R. Phomsopha (916) 327−3129 File# 2018−1207−04 STATE ALLOCATION BOARD Leroy F. Greene School Facilities Act of 1998; Regulation

Section 1859.51(

e) The State Allocation Board re−submitted this certifi- cate of compliance action to make permanent emergen- cy amendments to a regulation relating to the process- ing of new construction funding applications submitted by California school districts. Title 2 AMEND: 1859.51(

e) Filed 01/22/2019 Effective 01/22/2019 Agency Contact: Lisa Jones (916) 376−1753

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 206 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN August 22, 2018 TO January 23, 2019 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last. For fur- ther information on a particular file, contact the person listed in the

Summary of Regulatory Actions

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

Title 2 01/22/19 AMEND: 1859.51(e) 01/14/19 AMEND: 18756 01/07/19 AMEND: 60802, 60803, 60807, 60808, 60824, 60825, 60827, 60831, 60832, 60833, 60835, 60840, 60842, 60843, 60844, 60845, 60846, 60847, 60848, 60849, 60850, 60851, 60852, 60853, 60854, 60855, 60856, 60858, 60860, 60861, 60863, 61120 12/18/18 AMEND: 1859.76 12/14/18 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 12/12/18 AMEND: 2970 12/12/18 AMEND: 18545, 18700, 18730, 18940.2 12/05/18 REPEAL: 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445 12/04/18 AMEND: 1897 11/29/18 ADOPT: 1896.83, 1896.85 AMEND: 1896.60, 1896.61, 1896.62, 1896.70, Title 4 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.81, 1896.82, 1896.84, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97 11/27/18 AMEND: 1897 11/08/18 ADOPT: 1896.13 AMEND: 1896.4, 1896.12, 1896.17 10/29/18 AMEND: 1896.99.100, 1896.99.120 10/22/18 ADOPT: 18215.4 10/11/18 AMEND: 1859.51(e) 09/27/18 AMEND: 43000, 43001, 43002, 43003, 43004, 43005, 43006, 43007, 43008, 43009 09/26/18 AMEND: 1859.2, 1859.51(j), 1859.70, 1859.82, 1859.93.1 09/26/18 AMEND: 59760 09/24/18 AMEND: 18700.2 09/20/18 AMEND: 559.885 09/20/18 ADOPT: 211.2 AMEND: 211 09/13/18 ADOPT: 21902, 21903.6 AMEND: 21902 (renumbered to 21901), 21903, 21904, 21905, 21905.5 09/11/18 AMEND: 1859.77.3 Title 3 01/17/19 REPEAL: 1305.00, 1305.01, 1305.02, 1305.03, 1305.04, 1305.06, 1305.07, 1305.08, 1305.09, 1305.10, 1305.11, 1305.12 01/16/19 ADOPT: 8000, 8100, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215, 8216, 8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8400, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 8409, 8500, 8501, 8600, 8601, 8602, 8603, 8604, 8605, 8606, 8607, 8608, 8609 01/07/19 AMEND: 3439 12/18/18 ADOPT: 4921 11/29/18 AMEND: 3899 11/06/18 AMEND: 3435(b) 10/08/18 AMEND: 3591.12 10/02/18 AMEND: 3591.12 09/13/18 AMEND: 6502 09/12/18 AMEND: 3591.13 09/12/18 AMEND: 3591.12 09/06/18 AMEND: 3601 08/22/18 AMEND: 3591.2 01/22/19 AMEND: 1374, 1374.3 01/16/19 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 01/16/19 AMEND: 5000, 5033, 5060, 5100, 5170, 5260, 5350, 5450, 5500, 5540, 5600 REPEAL: 5361, 5362, 5363, 5380, 5560, 5570, 5571, 5572, 5573, 5580, 5590 01/02/19 AMEND: 12200, 12201, 12220, 12221 12/17/18 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 207 12/12/18 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 11/26/18 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 11/26/18 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420, 7421, 7422, 7423, 7424, 7425, 7426, 7427, 7428, 7429 11/20/18 AMEND: 1632 11/20/18 AMEND: 1843.3 11/20/18 AMEND: 8078.3, 8078.15 11/19/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 11/02/18 AMEND: 8078.8, 8078.10 10/31/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 10/18/18 AMEND: 1843.2 10/18/18 AMEND: 10170.2, 10170.3, 10170.4, 10170.5, 10170.6, 10170.7, 10170.8, 10170.9, 10170.10, 10170.14 09/26/18 AMEND: 12205.1 09/21/18 ADOPT: 5700, 5710, 5711, 5720, 5721, 5722, 5730, 5731 AMEND: 5000, 5020, 5033, 5035, 5037, 5054, 5060, 5100, 5101, 5102, 5120, 5144, 5170, 5191, 5212, 5230, 5240, 5250, 5540 REPEAL: 5259 09/18/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 09/17/18 AMEND: 10091.1, 10091.2, 10091.3, 10091.4, 10091.5, 10091.6, 10091.7, 10091.8, 10091.9, 10091.10, 10091.11, 10091.12, 10091.13, 10091.14, 10091.15 08/22/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 Title 5 12/31/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 12/05/18 AMEND: 19810 10/22/18 ADOPT: 20236 AMEND: 20101, 20105, 20107, 20116, 20118, 20122, 20123, 20124, 20125, 20127, 20130, 20134, 20135, 20136, 20140, 20180, 20185, 20190, 20203, 20205, 20235 REPEAL: 20119, 20158, 20125, 20216, 20217, 20251, 20251, 20255, 20251, 20260, 20265 10/17/18 AMEND: 18600 Title 8 01/07/19 AMEND: 11140 01/03/19 AMEND: 336 12/26/18 AMEND: 9789.19 11/26/18 AMEND: 9789.25 11/15/18 AMEND: 344, 344.1, 344.2 11/06/18 ADOPT: 9789.19.1 AMEND: 9789.12.1, 9789.12.2, 9789.12.6, 9789.12.8, 9789.12.12, 9789.12.13, 9789.13.2, 9789.16.1, 9789.16.7, 9789.18.1, 9789.18.2, 9789.18.3, 9789.18.11, 9789.19 11/01/18 AMEND: 14300.35, 14300.41 10/30/18 ADOPT: 9792.24.5 AMEND: 9792.22 10/10/18 AMEND: 344.18 10/08/18 ADOPT: 13850, 13851, 13853, 13855, 13856, 13857, 13858, 13859, 13860, 13861, 13862, 13863, 13864, 13865, 13866, 13867, 13868, 13870, 13871, 13872, 13873, 13874 Title 9 01/15/19 ADOPT: 4011, 4012, 4013, 4014, 4014.1, 4015 10/04/18 AMEND: 4350 Title 10 01/14/19 AMEND: 2318.6, 2353.1, 2354 01/14/19 AMEND: 2318.6 12/31/18 AMEND: 2632.5, 2632.11 12/26/18 ADOPT: 2238.10, 2238.11, 2238.12 11/29/18 ADOPT: 2509.80, 2509.81, 2509.82 11/27/18 AMEND: 3704 11/20/18 AMEND: 8000, 8030 11/19/18 ADOPT: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 09/25/18 AMEND: 2498.4.9 09/25/18 AMEND: 2498.5 09/25/18 AMEND: 2498.6 09/24/18 ADOPT: 6408, 6410, 6450, 6452, 6454, 6470, 6472, 6474, 6476, 6478, 6480, 6482, 6484, 6486, 6490, 6492, 6494, 6496, 6498, 6500, 6502, 6504, 6506, 6508, 6510, 6600, 6602, 6604, 6606, 6608, 6610, 6612, 6614, 6616, 6618, 6620, 6622 09/17/18 ADOPT: 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6536, 6538 08/31/18 ADOPT: 2218.80, 2218.81, 2218.82, 2218.83 Title 11 01/08/19 ADOPT: 5460 12/31/18 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2107

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 208 12/28/18 AMEND: 5505, 5507, 5509, 5510, 5511, 5513, 5514, 5516, 5517 10/24/18 AMEND: 1953, 1955 09/26/18 AMEND: 44.2 08/23/18 AMEND: 1004, 1005, 1081 Title 12 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 11/07/18 AMEND: 505.2 09/27/18 AMEND: 500 (renumbered to 501), 501 (renumbered to 505), 501.1 (renumbered to 501.3), 501.2 (renumbered to 505.2), 501.3 (renumbered to 505.1), 501.4 (renumbered to 505.11), 502 (renumbered to 505.3), 502.1 (renumbered to 505.6), 502.2 (renumbered to 505.12), 502.3 (renumbered to 505.4), 503 (renumbered to 501.2), 503.1 (renumbered to 505.7), 504 (renumbered to 505.8), 504.1 (renumbered to 505.9), 505 (renumbered to 510.1), 506 (renumbered to 500), 507 (renumbered to 510.9), 508 (renumbered to 510.10), 509 (renumbered to 520.2) 09/25/18 AMEND: 600 Title 13 01/16/19 AMEND: 550, 551.8, 551.12, 590 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 12/26/18 AMEND: 2025 12/26/18 AMEND: 1152.7, 1152.7.1 12/20/18 ADOPT: 1217.2, 1263.2 12/12/18 AMEND: 1961.2, 1961.3 12/04/18 ADOPT: 425.01 11/29/18 AMEND: 17.00 11/27/18 AMEND: 1157.21 10/22/18 AMEND: 551.14, 551.24, 555.1, 584 10/18/18 AMEND: 551.12 10/10/18 AMEND: Appendix (Article 2.0) 09/24/18 AMEND: 2222 09/24/18 ADOPT: 2461.1 AMEND: 2450, 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, 2462, 2464, 93116.1, 93116.2, 93116.3, 93116.4 08/30/18 AMEND: 1213 08/30/18 AMEND: 1239 Title 13, 17 01/04/19 ADOPT: title 17: 95483.2, 95483.3, 95486.1, 95486.2, 95488, 95488.1, 95488.2, 95488.3, 95488.4, 95488.5, 95488.6, 95488.7, 95488.8, 95488.9, 95488.10, 95490, 95491.1, 95500, 95501, 95502, 95503 AMEND: title 13: 2293.6; title 17: 95481, 95482, 95483, 95483.1, 95484, 95485, 95486, 95487, 95489, 95491, 95492, 95493, 95494, 95495 REPEAL: title 17: 95483.2, 95488, 95496 Title 14 01/02/19 AMEND: 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10, 150.16 12/28/18 ADOPT: 15064.3, 15234 AMEND: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, Appendix G, Appendix M, Appendix N 12/17/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 12/17/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 12/17/18 ADOPT: 820.02 12/17/18 ADOPT: 817.04 AMEND: 790 12/14/18 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 12/13/18 AMEND: 2975 12/10/18 ADOPT: 126.1 AMEND: 125.1, 126 [renumbered to 126.1] 11/28/18 ADOPT: 716 AMEND: 300 11/28/18 ADOPT: 42 AMEND: 43, 651, 703 11/20/18 AMEND: 699.5 11/15/18 AMEND: 632 11/15/18 AMEND: 632 11/15/18 AMEND: Subsection 120.7(

m) REPEAL: Appendix A Form DFG−120.7 (10/87) 11/13/18 AMEND: 1038, 1038.1, 1038.2 11/06/18 AMEND: 3010, 3011, 3012, 3013, 3015 11/05/18 ADOPT: 29.11 10/30/18 ADOPT: 132.6 AMEND: 132.1, 132.2, 132.3 10/30/18 AMEND: 11600 10/29/18 AMEND: 17041, 17042, 17043, 17044, 17045, 17046 10/29/18 AMEND: 1038 10/16/18 AMEND: 890 10/16/18 AMEND: 1038

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 209 10/15/18 AMEND: 895, 895.1, 912.9, 932.9, 952.9 09/17/18 ADOPT: 18660.44, 18660.45, 18660.46 AMEND: 18660.5, 18660.6, 18660.7, 18660.8, 18660.9, 18660.10, 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19, 18660.20, 18660.21, 18660.22, 18660.24, 18660.25, 18660.30, 18660.31, 18660.32, 18660.33, 18660.35, 18660.36, 18660.37, 18660.39, 18660.41 REPEAL: 18660.23 09/06/18 AMEND: 1104.1 Title 15 01/23/19 AMEND: 3043.3 01/15/19 AMEND: 3177, 3315 01/09/19 AMEND: 3043, 3043.3, 3043.4, 3043.5 01/07/19 AMEND: 3999.98, 3999.200 01/07/19 AMEND: 8000 12/26/18 ADOPT: 2249.30, 2449.31, 2449.32, 2449.33, 2449.34, 3495, 3496, 3497 AMEND: 2449.1, 3490, 3491 11/14/18 ADOPT: 1350.5, 1352.5, 1354.5, 1358.5, 1408.5, 1418, 1437.5 AMEND: 1302, 1303, 1304, 1321, 1322, 1324, 1325, 1327, 1328, 1329, 1341, 1343, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1370, 1371, 1372, 1373, 1374, 1376, 1377, 1390, 1391, 1400, 1401, 1402, 1403, 1404, 1406, 1407, 1408, 1412, 1413, 1415, 1416, 1417, 1430, 1431, 1432, 1433, 1434, 1436, 1437, 1438, 1439, 1452, 1453, 1454, 1460, 1461, 1462, 1464, 1465, 1467, 1480, 1482, 1483, 1484, 1485, 1487, 1500, 1510, 1511 REPEAL 1378 11/13/18 ADOPT: 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215 AMEND: 8000, 8004.3, 8106, 8106.1 amended and renumbered as 8207, 8106.2 amended and renumbered as 8106, 8198 amended and renumbered as 8298, 8199 amended and renumbered as 8299 11/01/18 ADOPT: 3999.25 10/30/18 ADOPT: 3329.5 10/29/18 REPEAL: 3999.20 10/22/18 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 10/17/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 10/08/18 AMEND: 3352.2, 3352.3, 3354, 3355.1 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 09/13/18 AMEND: 1006, 1029, 1041, 1050, 1069, 1206 Title 16 01/16/19 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5007.1, 5007.2, 5008, 5009, 5010, 5010.1, 5010.2, 5010.3, 5011, 5012, 5013, 5014, 5015 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5024.1, 5025, 5026, 5027, 5028, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5040.1, 5041, 5041.1, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5052.1, 5053, 5054, 5300, 5301, 5302, 5303, 5303.1, 5304, 5305, 5305.1, 5306, 5307, 5307.1, 5307.2, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5400, 5402, 5403, 5403.1, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415, 5415.1, 5416, 5417, 5418, 5419, 5420, 5421, 5422, 5423, 5424, 5426, 5427, 5500, 5501, 5502, 5503, 5504, 5505, 5506, 5506.1, 5507, 5600, 5601, 5602, 5603, 5604, 5700, 5701, 5702, 5703, 5704, 5705, 5706, 5707, 5708, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731, 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5800, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 5813, 5814, 5815, 5900, 5901, 5902, 5903, 5904, 5905 01/15/19 ADOPT: 1483.1, 1483.2, 1486 AMEND: 1480, 1481, 1482, 1483, 1484 12/21/18 ADOPT: 1399.515 12/05/18 AMEND: 1380.3, 1380.6, 1381, 1381.1, 1381.4, 1381.5, 1381.7, 1382, 1382.3, 1382.4, 1382.5, 1382.6, 1386, 1387.3, 1387.4, 1387.5, 1387.7, 1388, 1389.1,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 210 1390.1, 1390.3, 1391.3, 1391.4, 1391.5, 1391.6, 1391.7, 1391.11, 1393, 1394, 1395, 1395.1, 1396.5, 1397, 1397.35, 1397.50, 1397.51, 1397.53, 1397.54, 1397.55, 1397.60, 1397.61, 1397.62, 1397.67, 1397.69, 1397.70 REPEAL: 1381.6, 1397.63, 1397.64, 1397.65, 1397.66, 1397.68, 1397.71 12/03/18 AMEND: 18 11/28/18 AMEND: 1399.514 11/20/18 AMEND: 2450 10/25/18 AMEND: 1300.1, 1300.2, 1300.4, 1355, 1355.1, 1355.3 REPEAL: 1333, 1333.1, 1333.2, 1333.3, 1362, 1362.1 10/16/18 AMEND: 2070, 2071 10/15/18 AMEND: 1417 10/08/18 ADOPT: 1423.1, 1423.2 AMEND: 1418, 1424, 1426, 1430 09/17/18 AMEND: 1735.2 09/13/18 ADOPT: 3353.1, 3353.2, 3354, 3355, 3357 AMEND: 3303, 3352, 3353, 3356, 3358, 3371 REPEAL: 3356.1, 3359, 3355 08/30/18 AMEND: 1399.573 08/29/18 AMEND: 1805.01, 1816, 1816.1, 1820, 1820.5, 1820.7, 1821, 1822, 1822.51, 1822.52, 1829.2, 1829.3, 1833, 1833.1, 1845, 1846, 1870, 1874, 1886 Title 17 01/16/19 ADOPT: 40100, 40101, 40102, 40105, 40115, 40116, 40118, 40120, 40126, 40128, 40129, 40130, 40131, 40132, 40133, 40135, 40137, 40150, 40152, 40155, 40156, 40159, 40162, 40165, 40167, 40175, 40177, 40178, 40179, 40180, 40182, 40184, 40190, 40191, 40192, 40194, 40196, 40200, 40205, 40207, 40220, 40222, 40223, 40225, 40230, 40235, 40240, 40243, 40246, 40248, 40250, 40253, 40255, 40258, 40270, 40272, 40275, 40277, 40280, 40282, 40290, 40292, 40295, 40297, 40300, 40305, 40306, 40308, 40315, 40330, 40400, 40401, 40403, 40404, 40405, 40406, 40408, 40409, 40410, 40411, 40412, 40415, 40417, 40500, 40505, 40510, 40512, 40513, 40515, 40517, 40525, 40550, 40551, and 40570 01/10/19 AMEND: 3030 12/31/18 AMEND: 94506, 94509, 94513, 94515 12/27/18 ADOPT: 95371, 95372, 95373, 95374, 95375, 95376, 95377 10/10/18 AMEND: 35095 10/09/18 ADOPT: 40127, 40132, 40190, 40191, 40192, 40194, 40196 09/24/18 ADOPT: 2461.1 AMEND: 2450, 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, 2462, 2464, 93116.1, 93116.2, 93116.3, 93116.4 09/24/18 AMEND: 60201, 60205, 60210 09/05/18 ADOPT: 100650 08/29/18 AMEND: 60065.18, 60075.17 Title 18 01/03/19 AMEND: 1533.2, 1598 01/02/19 ADOPT: 30000, 30101, 30102, 30103, 30104, 30105, 30106, 30201, 30202, 30203, 30204, 30205, 30206, 30207, 30208, 30209, 30210, 30211, 30200.5, 30212, 30213, 30213.5, 30214, 30214.5, 30215, 30216, 30217, 30218, 30219, 30220, 30221, 30222, 30223, 30224, 30301, 30302, 30303, 30304, 30310, 30311, 30312, 30313, 30314, 30315, 30316, 30401, 30402, 30403, 30404, 30405, 30410, 30411, 30412, 30420, 30421, 30430, 30431, 30432, 30433, 30501, 30502, 30503, 30504, 30505, 30601, 30602, 30603, 30604, 30605, 30606, 30607, 30701, 30702, 30703, 30704, 30705, 30706, 30707 12/27/18 ADOPT: 3702 12/17/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 211 5261, 5626, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 11/20/18 AMEND: 25137−1, 17951−4 10/23/18 ADOPT: 35201 09/18/18 ADOPT: 23663−1, 23663−2, 23663−3, 23663−4, 23663−5 09/17/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5262, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 09/10/18 ADOPT: 30100, 30101, 30102, 30201, 30202, 30203, 30204, 30205, 30301, 30302, 30303, 30304, 30305, 30401, 30402, 30403, 30501, 30502, 30601, 30602, 30603, 30604, 30605, 30606, 30701, 30702, 30703, 30704, 30705, 30707, 30708, 30709, 30710, 30711, 30800, 30801, 30802, 30803, 30804, 30805, 30806, 30807, 30808, 30809, 30810, 30811, 30812, 30813, 30814, 30815, 30816, 30817, 30818, 30819, 30820, 30821, 30822, 30823, 30824, 30825, 30826, 30827, 30828, 30829, 30830, 30831, 30832 08/28/18 AMEND: 2460, 2461, 2462 Title 19 11/30/18 ADOPT: 4010 Title 20 12/05/18 ADOPT: 1751, 1769.1, 1937, 1941, 1942, 2300 AMEND: 1201, 1209, 1211.5, 1211.7, 1212, 1231, 1232, 1232.5, 1233.1, 1233.2, 1233.3, 1233.4, 1234, 1240, 1704, 1706, 1708, 1709, 1710, 1714, 1714.3, 1714.5, 1720.2, 1745.5, 1748, 1768 (renumbered to 1749), 1769, 1936, 1940, 1943, 1944, 1945, 1946, 2308 (renumbered to 2300.1) REPEAL: 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2309 09/26/18 AMEND: 1601, 1602, 1602.1, 1603, 1604, 1605, 1605.1, 1605.2, 1605.3, 1606, 1607, 1608, 1609 Title 22 12/31/18 AMEND: 66272.62 12/19/18 AMEND: 66262.41 12/19/18 AMEND: 72329.2 12/13/18 ADOPT: 51002.5 AMEND: 51003.1 12/04/18 ADOPT: 69511.3 AMEND: 69511 12/04/18 AMEND: 20100.5 11/29/18 ADOPT: 96060, 96061, 96062, 96065, 96070, 96071, 96075, 96076, 96077, 96078, 96080, 96081, 96082, 96083, 96084, 96085, 96086, 96087 10/31/18 ADOPT: 66264.121, 66265.121, 66270.28 AMEND: 66264.90, 66264.110, 66265.90, 66265.110, 66270.1, 66270.14 10/31/18 AMEND: 97215, 97216, 97217, 97221, 97222, 97223, 97224, 97225, 97226, 97227, 97228, 97229, 97232, 97248 10/24/18 ADOPT: 66720.14, 66271.50, 66271.51, 66271.52, 66271.53, 66271.54, 66271.55, 66271.56, 66271.57 AMEND: 66260.10, 66264.16, 66264.101, 66264.143, 66264.144, 66264.145, 66264.146, 66264.147, 66264.151, 66265.16, 66265.143, 66265.144, 66265.145, 66265.146, 66265.147 10/22/18 ADOPT: 66273.80, 66273.81, 66273.82, 66273.83, 66273.84 AMEND: 66261.4, 66273.6, 66273.7, 66273.9, 66273.70, 66273.72, 66273.73, 66273.74, 66273.75 REPEAL: 66273.90, 66273.91, 66273.100, 66273.101 09/04/18 ADOPT: 68400.5, 69020, 69021, 69022 09/04/18 AMEND: 51490.1

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 5-Z 212 Title 22, MPP 01/15/19 ADOPT: 35064 AMEND: 31−002, 35000, 35001, 35129, 35129.1, 35152.1, 35152.2, 35177, 35179, 35181, 35183, 35211, 35215, 35315 01/08/19 AMEND: 87224, 87412 01/02/19 ADOPT: 85175, 85318, 85320, 85340, 85342, 85364, 85368.1, 85368.4, 85370, 85387, 85390, 85102, 85161, 85168, 85168.3, 85169 AMEND: 85000, 85068.2, 85375, 85100, 85101, 85118, 85120, 85122, 85140, 85142, 85164, 85165, 85168.1, 85168.2, 85168.4, 85170, 85187, 85190, 85300, 85301, 85302, 85322, 85361, 85365, 85368, 85368.2, 85368.3, 85369 11/15/18 AMEND: 35000, 35011, 31−005, 31−405, 31−420, 31−425 08/24/18 ADOPT: 87468.1, 87468.2 AMEND: 87101, 87102, 87109, 87309, 87468, 87506, 87612, 87615, 87631 08/22/18 ADOPT: 89600, 89601, 89602, 89632, 89633, 89637, 89662, 89667 Title 23 01/15/19 AMEND: 597 12/19/18 AMEND: 315, 316 12/13/18 ADOPT: 3939.56 12/13/18 ADOPT: 3939.55 11/29/18 ADOPT: 335, 335.2, 335.4, 335.6 [renumbered to 335.16], 335.8 [renumbered from 335.12(a)], 335.10 [renumbered to 335.12], 335.12 [335.12(

a) renumbered to 335.8; 335.12(b)−(

c) renumbered to 335.6], 335.14 [renumbered to 335.10], 335.16 [renumbered to 335.14], 335.18, 335.20 AMEND: 310 11/29/18 ADOPT: 3919.18 11/14/18 AMEND: 3006 11/05/18 AMEND: 2200, 2200.4, 2200.6 11/01/18 AMEND: 1062, 1063, 1064, 1066, 1068 09/24/18 ADOPT: 3979.10 09/20/18 AMEND: 315, 316 08/27/18 ADOPT: 2637.1, 2637.2, 2640.1, 2716, Appendix VII, VIII, IX, X, XI, XII, XIII AMEND: 2611, 2620, 2621, 2631, 2634, 2635, 2636, 2637, 2638, 2640, 2643, 2644, 2644.1, 2646.1, 2647, 2648, 2649, 2660, 2661, 2663, 2665, 2666, 2672, 2711, 2712, 2715, Appendix III, VI REPEAL: 2645, 2646 08/22/18 AMEND: 3920 Title 27 12/27/18 AMEND: 27001 11/27/18 AMEND: 25603 08/30/18 REPEAL: 25601, 25602, 25603, 25603.1, 25603.2, 25603.3, 25604, 25604.1, 25604.2, 25605, 25605.1, 25605.2.

Title MPP 01/09/19 AMEND: 42−207, 42−213, 42−215, 42−221, 80−310 12/20/18 AMEND: 40−105, 40−171, 80−301 REPEAL: 40−026 09/26/18 AMEND: 31−206, 31−525 NOTICE OF EDITORIAL CORRECTION FISH AND GAME COMMISSION In the January 18, 2019 Notice Register 2019, 3−Z, under the PROPOSED ACTION ON REGULA- TIONS, the wrong notice file number was inadvertently listed for the Fish and Game Commission notice con- cerning Klamath River Basin Sport Fishing Regula- tions. The correct notice file number is Z2019−0108−02. We regret the error and apologize for any inconvenience.