REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 16−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 19, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2019−0409−05 .......................................... 585 Amendment State Agency: State Compensation Insurance Fund Adoption Multi−County: Sunol Smart Carpool Lane JPA TITLE 2. GOVERNMENT OPERATIONS AGENCY Conflict−of−Interest Code — Notice File No.

Z2019−0409−02 .......................................... 586 TITLE 3. DEPAR TMENT OF FOOD AND AGRICULTURE Equine Medication Monitoring Program — Fees — Notice File No. Z2019−0404−01 ....................... 586 TITLE 5. EDUCATION AUDIT APPEALS PANEL Supplement to Audits of K−12 Local Education Agencies (LEAs) — Fiscal Year (FY) 2018−19 — Notice File No. Z2019−0405−03 .......................................... 590 TITLE 15. BOARD OF PAROLE HEARINGS Advancing Parole Consideration Hearing Dates — Notice File No. Z2019−0409−06 ........................ 593 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Supplemental Reforms to Parole Consideration — Notice File No. Z2019−0409−03 ......................... 598 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Photovoltaic (PV) Modules — Universal Waste Management — Notice File No. Z2019−0409−04 .............. 601 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Lower Moffett Creek Scour — BDES, 2080−2019−005−01, Siskiyou County ................................................. 607

DEPARTMENT OF FISH AND WILDLIFE Research on California Least Terns — Jennifer S.

Jackson, Biological Consultant and San Diego Audubon ...................................................... 607 DIVISION OF LABOR STANDARDS ENFORCEMENT Notice of Correction Concerning Janitorial Employer Registration (Previously Published in Notice Register 2019, No. 14−Z) .............................................. 607 DIVISION OF LABOR STANDARDS ENFORCEMENT Notice of Correction Concerning Property Service Sexual Harassment Training (Previously Published in Notice Register 2019, No. 14−Z) .............................................. 608 DECISION NOT TO PROCEED DEPARTMENT OF VETERANS AFFAIRS Concerning California State Approving Agency for Veterans Education (CSAAVE) (Previously Published in Notice Register 2018, No. 43−Z) ..................................... 608 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS EMERGENCY MEDICAL SERVICES AUTHORITY Cities’ and Fire Districts’ Reorganizations under LAFCO Act .......................................... 608 EMERGENCY MEDICAL SERVICES AUTHORITY Continued Administration of EMS System Pursuant to Health and Safety Code

Section 1797.201 ............... 609 EMERGENCY MEDICAL SERVICES AUTHORITY Exclusive Operating Areas for Emergency Ambulance Services under Health and Safety Code Sections 1797.6, 1797.85, and 1797.224 ........................................ 609 DISAPPROV AL DECISION FAIR EMPLOYMENT AND HOUSING COUNCIL Fair Housing ................................................................................. 609 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM Notice of Available of Precedential Decisions and Decision Index ........................................ 610

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 610 Sections Filed, November 7, 2018 to April 10, 2019 .................................................. 612 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 585 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT STATE AGENCY: State Compensation Insurance Fund ADOPTION MULTI−COUNTY: Sunol Smart Carpool Lane JPA A written comment period has been established com- mencing on April 19, 2019, and closing on June 3, 2019.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than June 3, 2019. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

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

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

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

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 586 Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2.

GOVERNMENT OPERATIONS AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE GOVERNMENT OPERATIONS AGENCY NOTICE IS HEREBY GIVEN that the Government Operations Agency, pursuant to the authority vested in it by

Section 87306 of the Government Code, proposes amendment to its Conflict−of−Interest Code (COI). A comment period has been established commencing on April 5, 2019, and closing on May 28, 2019. All in- quiries should be directed to the contact listed below. The Government Operations Agency proposes to amend its COI to include employee positions that in- volve the making or participation in the making of deci- sions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of sec- tion 87302 of the Government Code. The amendment carries out the purposes of the law and no other alterna- tive would do so and be less burdensome to affected persons. Changes to the COI include adding the Director of Performance Improvement and Attorney positions re- quired to file a disclosure statement with the Govern- ment Operations Agency, and removing the Chief Data Officer position. The proposed amendment and explanation of the rea- sons can be obtained from the agency’s contact.

Any interested person may submit written comments relating to the proposed amendment by submitting them no later than June 3, 2019, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than May 18, 2019. The Government Operations Agency has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Joy Lavin−Jones, Staff Services Manag- er, (916) 651−9039, Joy.LavinJones@GovOps.ca.gov TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “the Department”) is proposing to take the action described in the Informative Digest. A public hearing is not sched- uled for this proposal. A public hearing will be held if any interested person, or his or her duly authorized rep- resentative, submits a written request for a public hear- ing to the Department no later than 15 days prior to the close of the written comment period.

Any person inter- ested may present statements or arguments in writing relevant to the action proposed to the person designated in this Notice as the contact person beginning April 19, 2019 and ending at 5:00 p.m. on June 3, 2019. Fol- lowing the public hearing, if one is requested, or follow- ing the written comment period if no public hearing is requested, the Department, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the excep- tion of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri- or to its adoption from the person designated in this No- tice as contact person and will be mailed to those per- sons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: Pursuant to the authority vested by sections 407, 24012, and 24013, Food and Agricultural Code, and to implement, interpret or make specific

section 24012 of said Code, the Department is proposing to make changes to

section 1280.2 of

Chapter 6, Division 2, of

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 587 Title 3 of the California Code of Regulations, to read as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law,

Chapter 8 (commencing with

section 24000) of Division 11 of the Food and Agricultural Code authorizes the Department of Food and Agricul- ture (Department) to ensure the integrity of public horse shows, horse competitions, and horse sales through the control of performance and disposition enhancing med- ications while limiting their permitted therapeutic us- age. The Department’s Animal Health Branch, Equine Medication Monitoring Program (EMMP) enforces the requirements of these sections of law. Existing law,

section 24012 of the Food and Agricul- tural Code requires an event manager to charge, collect, and remit fees to the Department for events registered with the Department, and establishes the authority to set the applicable fees by regulation, in consultation with the advisory committee appointed pursuant to

section 24013.5. Fees are collected for each equine being entered in a public show/competition or being consigned to a public sale; fees collected are used to fund the EMMP. Existing

section 1280.2 of Title 3 of the California Code of Regulations specifies the fees for each horse entered per event at horse shows and competitions are $5.00. This proposal amends

section 1280.2 to increase the applicable fees from $5.00 to $8.00 for each horse entered in public events, competitions, and sales. As amended, this

section also specifies the effective date of the fee increase to begin January 1, 2020. The Department has evaluated this proposal and be- lieves that it is not inconsistent or incompatible with ex- isting State regulations. The Department is the sole State authority over specified public equine events and sales pursuant to

Chapter 8 (commencing with

section 24000) of Division 11 of the Food and Agricultural Code. Anticipated Benefits of the Proposal: The California equine industry produces goods and services valued at approximately $8.3 billion and in- cludes approximately 550,000 horses. California hors- es are mostly used for recreation, the largest sector of the horse industry having nearly 40% of the horse popu- lation; sporting which consists of competitions, shows, and racing; and those used for therapeutic purposes.

This proposal benefits the equine industry by promot- ing the safety of the horse and rider in competition and horses at public sales by preventing any potential mis- use of drugs or medications that could fraudulently mask a disease, condition, or injury of the horse which could place the rider and/or the horse in jeopardy.

This proposal is necessary to increase fees to ensure continu- ity of program services which serve to ensure the De- partment of Food and Agriculture fulfills its mandate of the protection of both the horse and rider in public horse shows and sales in accordance with Food and Agricul- tural Code sections 24005, 24006, 24007, 24008, 24009, 24010, 24011, 24012, 24013, and 24015.

Consistency and Compatibility with Existing State Regulations: The Department has evaluated this proposal and be- lieves that it is not inconsistent or incompatible with the Department’s existing State regulations regarding pub- lic equine events and sales. There are other State regula- tions dealing with the proper use of drugs and medica- tions in equines under the California Horse Racing Board (Board) [Division 4 (commencing with

section 1400) of Title 4 of the California Code of Regulations], which is separate and distinct from the Department’s Equine Medication Monitoring Program. The Depart- ment has no jurisdiction over horse racing in the State, yet works together with veterinarians of the Board to ensure consistency of the programs within the State. Documents Incorporated by Reference: None. Technical, Theoretical, and Empirical Study, Report, or Similar Documents: 1. Minutes from the September 27, 2018 Equine Medication Monitoring Program Advisory Committee Meeting 2.

Minutes from the September 27, 2017 Equine Medication Monitoring Program Advisory Committee Meeting 3. United States Equestrian Federation, 2018 USEF Guidelines & Rules for Drugs and Medications. https://www.usef.org/forms−pubs/2Zp2C_YKs4s /drugs−medications−guidelines 4. Example #1 — Fund Condition Statement W/O Fee Increase 5. Example #2 — Fund Condition Statement W/ Fee Increase 6. Excerpts from the American Horse Council Foundation, Economic Impact of the Horse Industry in California, 2018 7. Brochure dated January 2019, Equine Medication Monitoring Program, Information for Exhibitors and Consignors 8.

Brochure dated January 2019, Equine Medication Monitoring Program, Event Registration Instructions and Guidelines

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 588 FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500 et seq. Require Reimbursement: None.

Business Impact: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of businesses in California. The Department has made an initial determination that the proposed regulatory action will not have any significant, statewide adverse economic impact direct- ly affecting California businesses including the ability of California businesses to compete with businesses in other states.

The Department has made an initial determination that this regulatory proposal will impact the equine in- dustry in California; will impact persons required to register with the Department any public horse event and sales held in California, and affect persons choosing to participate in public horse events and sales in accor- dance with Food and Agricultural Code sections 24001, 24012, and 24015. The Department’s proposal affects small businesses. This proposal affects individuals and businesses choosing to participate in equine events and public sales throughout California.

Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of any cost impacts that representative private persons or businesses would nec- essarily incur in reasonable compliance with the pro- posed action. The proposed regulation affects individu- al and businesses choosing to participate in various equine events held throughout California.

The anticipated compliance requirements as a result of this proposal are as follows: Paperwork/Reporting Requirement: This proposal increases testing fees collected from persons choosing to participate in equine events and competitions, and equine sales held in California. Current testing fees are $5 per horse at events; this proposal increases those fees collected to $8. Existing regulations require the use of various application, registration and reporting forms for participants and hosts of public equine events and sales in the State. Effect on Housing Costs: None.

Effect on Small Business: The Department’s proposal affects small equine busi- nesses choosing to participate in equine events and pub- lic sales throughout California. RESULTS OF ECONOMIC IMPACT ASSESSMENT Impact on Jobs/New Businesses: The Department of Food and Agriculture (Depart- ment) has determined that this regulatory proposal will not have any impact on the creation of jobs or business- es or the elimination of jobs or existing businesses or the expansion of businesses in California.

Persons/Businesses Affected by this Proposal: • California’s equine industry — The California horse industry is valued at approximately 8.3 billion dollars with approximately 550,000 horses in California.

California horses are mostly used for recreation, the largest sector of the horse industry having nearly 40% of the horse population; sporting which consists of competitions, shows, and racing; and those used for therapeutic purposes. • Persons required to register equine events — California hosts approximately 1,300 registered equine events annually, ranging from small backyard schooling (practice) shows to internationally recognized endurance events, as well as other types of competition and public horse sales.

This proposal will impact persons required to register with the Department any public horse event and sales held in California in accordance with Food and Agricultural Code sections 24001, 24012, and 24015. • Persons choosing to participate in equine events — This proposed regulation increases drug testing fees collected by event managers of equine events and public horse sales from persons entering horses in their events. The event manager remits these fees to the Department and they are deposited into the Department of Food and Agricultural Fund.

The fees are exclusive of any other fees charged by the industry for the administration and management of equine events. Equine events registered with the Department represent approximately 100,000 horse entries into competitions annually. The Department is

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 589 proposing a fee increase from $5 to $8. This proposal will impact persons choosing to participate in public horse shows and sales in accordance with Food and Agricultural Code sections 24001, 24012, and 24015. Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Department is not aware of any specific benefits this proposal will have on the health of California resi- dents, worker safety, or the State’s environment.

The Department believes this proposal benefits the welfare of California residents by protecting the eco- nomic health of the affected equine industry. This regu- latory proposal increases testing fees collected and re- mitted by event managers for horses entered at public shows and sales. The Department believes these changes are necessary to adjust the program’s funding source to maintain current program operations and to stabilize the program’s reserve account.

The above determinations are based on the fact that the proposed regulations serve to ensure the Depart- ment fulfills its mandate of the protection of both the horse and rider in public horse shows and sales in accor- dance with Food and Agricultural Code sections 24005, 24006, 24007, 24008, 24009, 24010, 24011, 24012, 24013, and 24015.

Occupations/Businesses Impacted: This proposal will impact the equine industry in Cali- fornia; will impact persons required to register with the Department any public horse event and sales held in California; and will affect persons choosing to partici- pate in public horse events and sales in accordance with Food and Agricultural Code sections 24001, 24012, and 24015. The Department’s proposal affects small busi- nesses. Business Reporting Requirement: Paperwork/Reporting Requirement: There are no new reporting requirements as a result of this proposal.

This proposal increases drug testing fees collected from persons choosing to participate in equine events and competitions, and equine sales held in Cali- fornia. Current testing fees are $5 per horse at events; this proposal increases those fees collected to $8. Exist- ing regulations require the use of various application, registration and reporting forms for participants and hosts of public equine events and sales in the State. Comparable Federal Regulations: This proposal does not duplicate or conflict with fed- eral regulations because there are no federal regulations governing public equine events or sales.

The Depart- ment of Food and Agriculture is the sole State authority over specified public equine events and sales pursuant to

Chapter 8 (commencing with

section 24000) of Divi- sion 11 of the Food and Agricultural Code. CONSIDERATION OF ALTERNATIVES 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 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 imple- menting the statutory policy or other provision of law.

This proposal is necessary to increase fees to ensure continuity of program services which serve to ensure the Department fulfills its mandate of the protection of both the horse and rider in public horse shows and sales in accordance with Food and Agricultural Code sec- tions 24005, 24006, 24007, 24008, 24009, 24010, 24011, 24012, 24013, and 24015. Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the hearing (if a hearing is requested) or during the written public comment period.

INITIAL STATEMENT OF REASONS AND INFORMATION The Department has prepared an initial statement of reasons for the proposed action and has available all the information upon which the proposal is based. TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions and of the initial statement of reasons, and all the information upon which the proposal is based, may be obtained by contacting the persons named below or by accessing the Department of Food and Agriculture’s website as indicated below in this Notice.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file, which is available for public inspection by contacting the persons named below. Any person may obtain a copy of the final statement of reasons once it has been prepared, by making a writ- ten request to the contact persons named below or by ac- cessing the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 590 CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Katie Flynn, BVMS, MRCVS Equine Staff V eterinarian Department of Food and Agriculture Animal Health & Food Safety Services Division/Administration 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900−5039 E−mail: Katherine.flynn@cdfa.ca.gov The backup contact person is: Thamarah Rodgers, Analyst Department of Food and Agriculture Animal Health & Food Safety Services Division/Administration 1220 N Street, Sacramento, CA 95814 Telephone: (916) 698−3276 E−mail: thamarah.rodgers@cdfa.ca.gov Website Access: Materials regarding this proposal can be found by accessing the following Internet ad- dress: http://www.cdfa.ca.gov/ahfss/regulations.html.

TITLE 5. EDUCATION AUDIT APPEALS PANEL Supplement to Audits of K−12 Local Education Agencies Fiscal Year 2018−19 as of March 1, 2019 The Education Audit Appeals Panel (EAAP) propos- es to adopt an Audit Guide for Fiscal Year 2018−19, as well as the Guide’s incorporating regulation, as de- scribed below, after considering all comments, objec- tions, and recommendations regarding the proposed action. PUBLIC HEARING A public hearing regarding this proposal is not cur- rently scheduled.

Not later than 15 days prior to the close of the written comment period, any interested per- son, or his or her authorized representative, may make a written request for a public hearing pursuant to Govern- ment Code

section 11346.8, and a public hearing will be held. Requests for a public hearing should be addressed to Mary Kelly. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action. The written comment peri- od closes on Monday, June 3, 2019. EAAP will consid- er only written comments received by that time. Written comments for EAAP’s consideration should be directed to: Mary Kelly Education Audit Appeals Panel 770 L Street, Suite 1100 Sacramento, CA 95814 Fax: (916) 445−7626 e−mail: mkelly@eaap.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 14502.1, Education Code. Reference: Sections 14501, 14502.1, 14503, 42010, and 46146(

h) of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking amends title 5, California Code of Regulations,

section 19810 to clarify the incorporation by reference language and make reference to the audit guide. It also adopts the Audit Guide for 2018−19, Sup- plemented as of March 1, 2019, which makes technical revisions and addresses legislative changes that will af- fect audits and possibly the conditions of apportion- ment of school funding. This rulemaking meets the requirements of Educa- tion Code

section 14502.1, which mandates that an an- nual audit guide be adopted by the EAAP, and the addi- tional laws and Constitutional provision listed under “Authority cited” below the proposed amended text of

Section 19810 as shown below. The purpose of the audit guide is to define terms and specify procedures to guide accountants in the conduct of statutorily required finan- cial and compliance audits of K−12 local education agencies. The Controller, pursuant to Education Code

section 14502.1, has proposed supplemental changes to the 2018−19 audit guide to be reflected in the 2018−19 audit guide. The proposed changes derive from the Controller’s proposals and also contain changes de- signed to clarify audit steps. EAAP does not anticipate that these proposed amendments would create specific benefits for the pro- tection of public health and safety, worker safety, or the environment, the prevention of discrimination, the pro- motion of fairness or social equity, nor the increase in

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 591 July 1, 2018 openness and transparency in business and govern- ment. EAAP has determined that the proposed amend- ments will ultimately benefit the welfare of California residents by ensuring that local education agencies are in compliance with regulatory requirements, and that educational funds are being properly utilized, which would ultimately affect the quality of students’ educa- tional experiences. In developing the rulemaking, EAAP evaluated the proposed changes to regulations and determined that they are not inconsistent or incom- patible with existing regulations, state or federal. A description of proposed changes to

section 19810, and a discussion of revisions to the audit guide, follow. Title 5, Division 1.5

Chapter 3. Audits of California K−12 Local Education Agencies

Article 1. General Provisions § 19810. Annual Audit Guides. The “2018−19 Guide for Annual Audits of K−12 Lo- cal Education Agencies and State Compliance Report- ing,” ( March 1, 2019), adopted by the Edu- cation Audit Appeals Panel, is incorporated by refer- ence. The guide provides the audit steps, reporting re- quirements, and other guidance, for the required annual financial and compliance audits, subject to auditor judgment where alternative or additional audit steps may be appropriate. The annual guide is superseded by a supplemental audit guide, if needed, adopted before March 1 of each fiscal year.

Each annual guide and any applicable supplement are available on www.eaap.ca.gov/audit−guide, with paper or electron- ic copies available on request. Note: Authority cited: Sections 14502.1 and 47612, Education Code; California Constitution,

Article XIII,

Section 36, subdiv. (e), subpara 7, and

Article XIIIA,

Section 1, subdiv. (b), subparas 3(

C) and 3(D). Refer- ence: California Constitution

Article XIIIB,

Section 1.5; and Sections 2574(b)(3)(C), 8482.3(f)(5), 14501, 14502.1, 14503, 14509, 15286, 41020 , 41024, 42238.02(b)(3)(B), 47612.5, 47634.2 and 48000, Edu- cation Code. AUDIT GUIDE AMENDMENTS The proposed supplemental 2018−19 Audit Guide in- cludes the following changes: • Auditing Standards Item 4, Tables 1 and 2 makes a technical change to delete “(Step 6)” from the heading of each table. This heading was used in a different document and copied to the audit guide. There is no “Step 6” that this heading refers to.

To avoid confusion, a technical change should be made to remove these words. • Auditing Standards Item 4, Table 2 adds a note to specify that for populations between 52 and 250 items, the auditors may test a sample size of approximately 10% of the population. This is standard practice in auditing, and this technical amendment avoids confusion to assure auditors that they can continue this method of sampling. • Report Components Section, Item 6. Findings and Recommendations makes a technical change to add a finding code, 43000, to the Apprenticeship audit findings.

The new code categorizes the findings related to the Chancellor of the California Community Colleges. • Sections A Attendance, D Independent Study, E Continuation, M Juvenile Court Schools, Y Independent Study−Course Based, AA Attendance, CC NonClassroom−Based Instruction/Independent Study, DD Determination of Funding for NonClassroom− Based Instruction, deletes reference to ungraded units of ADA, since LEAs no longer report any ungraded units of ADA. This phrase throughout the audit guide is obsolete. •

Section D Independent Study, deletes the reference to Education Code

Section 46300.4, which applies to the old adult education program, making the reference obsolete. •

Section P Transportation Maintenance of Effort Item 2 makes technical amendments to make clearer the steps auditors can follow to access the exhibit on California Department of Education’s website, which details revenue received by the LEA. •

Section R Comprehensive School Safety Plan makes a technical amendment to procedure 1 to clarify that the school safety plan was approved by the school district or county office of education, rather than the LEA. •

Section W Unduplicated LCFF Pupil Counts makes a technical amendment to reflect that the California Department of Education transitioned from the California English Language Development Test (CELDT) to the English Language Proficiency Assessments for California (ELPAC), in 2018. NOTE: The changes described above, with the ex- ception of the deletion of words in Auditing Standards Item 4, Tables 1 and 2, are in effect on an emergency basis.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 592 DISCLOSURES REGARDING THE PROPOSED ACTION 1. Mandate on local agencies and school districts: None. 2. Cost to any local agency or school district which must be reimbursed: None. 3. Cost or savings to any state agency: None. 4. Other non−discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Significant effect on housing costs: None. 7.

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. 8. The Economic Impact Assessment found that adoption of these regulations will not: • create or eliminate jobs within California; • create new businesses or eliminate existing businesses within California; or, • affect the expansion of businesses currently doing business within California.

As stated in the Informative Digest/Policy Statement Overview above, EAAP has determined that the proposed amendments will ultimately benefit the welfare of California residents by ensuring that local education agencies are in compliance with regulatory requirements, and that educational funds are being properly utilized, which would ultimately affect the quality of students’ educational experiences. 9.

Cost impact on a representative private person or business: EAAP is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. 10. Business report requirements: None. 11. Effect on small businesses: The proposed regulations will have no effect on small businesses because they do not materially alter the requirements for LEA audits. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), EAAP must determine that no reason- able alternative it has considered or that has otherwise been identified and brought to the EAAP’s attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

CONTACT PERSONS Inquiries concerning the substance of the proposed action, requests for a copy of the proposed text of the regulations, the Initial Statement of Reasons, the modi- fied text of the regulations, if any, and other technical information upon which the rulemaking is based, and questions on the proposed administrative action may be directed to Timothy Morgan, Staff Attorney III, at (916) 445−7745 or by e−mail: tmorgan@eaap.ca.gov, or Mary C. Kelly, Executive Officer, at (916) 445−7745.

A V AILABILITY OF RULEMAKING FILE The entire rulemaking file will be available for in- spection and copying throughout the rulemaking process at EAAP’s office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and the Economic Impact Assessment. A copy may be ob- tained by contacting Timothy Morgan at the above ad- dress. The bill analyses are also available online at http://leginfo.legislature.ca.gov/faces/billSearchClient .xhtml .

A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the comment period, a hearing, if request- ed, and consideration of all timely and relevant com- ments received, EAAP may adopt the proposed regula- tions substantially as described in this notice. If EAAP makes modifications that are sufficiently related to the originally proposed text, the modified text (with changes clearly indicated) will be available to the pub- lic for at least 15 days before EAAP adopts the regula- tions as revised.

Requests for copies of any modified regulations should be sent to the attention of Timothy Morgan at the address stated above. EAAP will accept written comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, text of the regulations in under-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 593 line and strikeout, any changed or modified text, and the Final Statement of Reasons will be accessible through the EAAP website: www.eaap.ca.gov. A V AILABILITY OF FINAL ST ATEMENT OF REASONS Once it has been prepared, the Final Statement of Reasons will be available by either contacting Mr. Mor- gan above or accessible through the EAAP website: www.eaap.ca.gov. TITLE 15. BOARD OF PAROLE HEARINGS BPH RN 19−02: NOTICE OF PROPOSED ACTION Enactment of:

CHAPTER 2.5. ADV ANCING PAROLE CONSIDERATION HEARING DATES To include:

ARTICLE 1. PETITION TO ADV ANCE THE DA TE OF AN INMATE’S NEXT PAROLE CONSIDERATION HEARING

ARTICLE 2. ADMINISTRATIVE REVIEW TO ADV ANCE THE DATE OF AN INMATE’S NEXT PAROLE CONSIDERATION HEARING

ARTICLE 3. REVIEW ON THE MERITS

ARTICLE 4. DECISION REVIEW Enactment of Sections 2150−2157, governing advancing parole consideration hearing dates NOTICE IS HEREBY GIVEN that the Executive Of ficer of the Board of Parole Hearings (Board), under the authority granted by Government Code

section 12838.4 and Penal Code sections 3052 and 5076.2, au- thorizes the Board to adopt the proposed added Sections 2150 through 2157 of the California Code of Regula- tions, Title 15, Division 2, concerning Advancing Pa- role Consideration Hearing Dates. AUTHORITY AND REFERENCE Government Code

section 12838.4 vests the Board with all the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the Board of Prison Terms and Narcotic Addict Evaluation Authority, which no longer exist. Penal Code

section 3052 vests with the Board the au- thority to establish and enforce rules and regulations under which prisoners committed to state prisons may be allowed to go upon parole outside of prison when eli- gible for parole. Penal Code

section 5076.2 requires the Board pro- mulgate, maintain, publish, and make available to the general public a compendium of its rules and regula- tions. Penal Code

section 3041.5 establishes the require- ments and conditions concerning parole denial. It also authorizes the Board to advance an inmate’s parole con- sideration hearing on its own motion or based on an in- mate’s written petition to the Board for an earlier hear- ing. Penal Code

section 3043 requires the Board to pro- vide proper notice to victims regarding an inmate’s pa- role consideration hearing. Penal Code

section 3055 establishes the Board’s El- derly Parole Program for reviewing the parole suitabili- ty of any inmate who is 60 years of age or older and has served a minimum of 25 years of continuous incarcera- tion on his or her current sentence. Penal Code

section 4801 requires the Board to give great weight to certain factors when considering the pa- role suitability of an inmate who committed his or her controlling offense at the age of 25 years of age or younger. The Ninth Circuit Court of Appeals in Gilman v. Schwarzenegger (9th Cir. 2011) 638 F.3d 1101 (Gilman I), held that increased parole denial lengths under the California Victim’s Bill of Rights Act of 2008 (also known as “Marsy’s Law”) did not violate ex post facto laws on its face because it did not create a significant risk of prolonging an inmate’s incarceration. The court specifically pointed to the Board’s discretionary au- thority to advance parole hearings under Penal Code

section 3041.5, subdivision (b)(4) and the inmate’s right to submit a Petition to Advance (PTA) under sub- division (d)(1), and found that the availability of ad- vanced hearings removed any possibility of harm to the inmate. (Id. at p. 1109.) The same court in February 2016 held that no ex post facto violation had occurred as applied to the plaintiff class because there was insuffi- cient evidence “demonstrating that the PTA process failed to afford relief from the classwide risk of length- ened incarceration posed by [Marsy’s Law].” (Gilman v.

Brown (9th Cir. 2016) 814 F.3d 1007, 1021 (Gilman II).) The California Supreme Court in In re Vicks (2013) 5 6 Cal.4th 274 held that increased parole denial lengths under Marsy’s Law did not violate ex post facto laws

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 594 because of the Board’s discretionary authority to ad- vance hearings under Penal Code

section 3041.5 subdi- vision (b)(4), and an inmate’s ability to submit a written request for an advanced hearing under subdivision (d)(1). (Id. at pp. 304−305, 317.) PUBLIC COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulations to the Board. THE WRITTEN COMMENT PERIOD ON THIS PROPOSED REGULATORY ACTION WILL COMMENCE ON FRIDAY, APRIL 19, 2019, AND WILL CLOSE ON MONDAY, JUNE 3, 2019.

For comments to be considered by the Board, they must be submitted in writing to the Board’s Contact Person identified in this Notice no later than the close of the comment period. CONTACT PERSON Please direct requests for copies of the Initial State- ment of Reasons, the Proposed Text of the Regulation, or other information upon which the rulemaking is based to: Mina Y. Choi, Staff Attorney Board of Parole Hearings P.O.

Box 4036 Sacramento, CA 95812−4036 Phone: (916) 322−6729 Facsimile: (916) 322−3475 E−mail: BPH.Regulations@cdcr.ca.gov If Mina Choi is unavailable, please contact Assistant Chief Counsel, Heather L. McCray at Heather.McCray@cdcr.ca.gov. In any such inquiries, please identify the action by using the Board’s regula- tion control number BPH RN 19−02. NO PUBLIC HEARING SCHEDULED The Board has not scheduled a public hearing on this proposed regulatory action.

The Board, however, will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period. Written or facsim- ile comments submitted during the prescribed comment period have the same significance and influence as oral comments presented at a public hearing. If scheduled, the purpose of a public hearing would be to receive oral comments about the proposed regula- tions.

It would not be a forum to debate the proposed regulations, and no decision regarding the permanent adoption of the proposed regulations would be rendered at a public hearing. The members of the Board would not necessarily be present at a public hearing. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board proposes to add California Code of Regu- lations, title 15,

chapter 2.5 regarding the Board’s pro- cesses of advancing parole consideration hearings un- der Penal Code

section 3041.5, subdivisions (b)(4) and (d)(1). These regulations memorialize the Board’s longstanding PTA and administrative review processes to advance hearings in the appropriate circumstances. The regulations identify the timing of a valid PTA sub- mission, information that must be included in a PTA, and criteria for the Board when reviewing a PTA. The regulations also identify when the Board will conduct an ad hoc administrative review or an administrative re- view of a three−year denial, and the criteria used by the Board when reviewing a case.

Additionally, the regula- tions describe the notification requirements and the de- cision review process for PTAs and administrative re- views. These regulations are necessary to allow the Board to continue to comply with court decisions and to protect Marsy’s Law.

Section 3041.5 of the Penal Code previ- ously required the Board to conduct annual parole con- sideration hearings, which could be deferred under cer- tain circumstances for up to five years for murderers and up to two years for non−murderers. In 2008, the People of California passed Marsy’s Law, which amended Penal Code

section 3041.5 and increased de- nial periods to a minimum of three years and a maxi- mum of 15 years. Therefore, the shortest denial length an inmate can receive after Marsy’s Law has increased from one to three years. Following these changes, inmates potentially faced longer periods of incarceration after a denial of parole by the Board, which raised the question of whether the amendments prolonged an inmate’s incarceration in vi- olation of ex post facto laws. However,

section 3041.5, subdivisions (b)(4) and (d)(1), also gave the Board dis- cretion to advance an inmate’s parole consideration hearing to an earlier date under its own authority or based upon a written request by an inmate. The courts in Gilman II and In re Vicks found no ex post facto violations in the increased denial lengths specifically because of the Board’s discretionary au- thority to advance hearings under

section 3041.5, sub- divisions (b)(4) and (d)(1). Additionally, the courts clarified their expectation for the Board to implement a meaningful mechanism to exercise this discretion to ad- vance hearings. The Board subsequently exercised its discretion under

section 3041.5, subdivision (b)(4) to

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 595 conduct a structured administrative review process whereby deputy commissioners review cases to deter- mine whether, in accordance with statutory require- ments, new information or a change in circumstances established a reasonable likelihood that consideration of public safety does not require the additional period of incarceration.

Recent litigation challenged the Board’s ability to ad- vance hearings under the PTA and advanced review processes, based mainly on the lack of regulations for- mally memorializing these processes in the Board’s regulations. (Tony Rackauckas, et al. v.

State of Califor- nia, et al., Orange County Superior Court, Case No. 30−2018−00985610−CU−WM−CJC.) Thus, on Sep- tember 17, 2018, a majority of the Board voted to ap- prove the Board’s parole hearing date advancement processes as reflected in the text of the original emer- gency regulations filed by the Board on October 12, 2018, and approved by the Office of Administrative Law on October 22, 2018.

Since then, the Board has met with various stakehold- ers regarding the emergency regulations, and, on March 18, 2019, a majority of the Board voted to approve amendments to the emergency regulations as reflected in the current text of the Board’s proposed regulations on the hearing advancement processes that are the sub- ject of this notice. This proposed regulation will make permanent the emergency regulations. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The proposed regulations benefit the public by up- holding the validity of Marsy’s Law, which protects the safety and rights of victims of serious crimes.

Penal Code

section 3041.5, subdivisions (

b) and (

d) give the Board broad discretion to consider and advance the date of an inmate’s next parole hearing; however, courts have been clear that the Board is expected to create and implement processes that meaningfully effectuate this statutory authority. These regulations accomplish this by creating a meaningful process for the Board to con- sider and advance parole hearing dates under Marsy’s Law.

The proposed regulations also benefit inmates by protecting their liberty interests by providing a mean- ingful opportunity for them to be considered for parole at similar intervals they may have been considered for parole prior to Marsy’s Law, thus eliminating the poten- tial of prolonged incarceration as a result of Marsy’s Law. It also provides inmates with clear direction on how to petition to advance their next hearing date and when the Board will exercise its discretionary authority to advance an inmate’s next hearing date.

The proposed regulations further benefit all stake- holders by providing transparency and clarity regarding the parole hearing advancement process. The proposed regulations also identify clear timelines and administra- tive processes that best ensure the timely and compre- hensive consideration of advancing inmates’ parole hearing dates. This promotes transparency and reduces confusion that may arise without such clear guidelines.

DETERMINATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Board has determined that this proposed regula- tion is not inconsistent or incompatible with existing regulations. After conducting a review for any regula- tions that would relate to or affect this area, the Board has concluded that these are the only regulations that concern the Board’s requirements in advancing parole consideration hearings. DISCLOSURES REGARDING THE PROPOSED ACTION Local Mandates: The Board has determined that the proposed action imposes no mandate upon local agen- cies or school districts.

Fiscal Impact Statement: The Board has made the following initial determinations: • Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. • Cost or savings to any state agency: None: There are no specific costs or savings anticipated for the fiscal year 2018−2019. These regulations codify the Board’s current processes, and the Board has already absorbed the costs with its existing budget. In fiscal year 2015−2016, the Board requested an increase in staffing.

However, this was for position authority only and had no impact on funding. In fiscal years 2016−2017 and 2017−2018, the Board requested an increase in staffing, but the workload justifications were not specifically attributed to individualized workloads, such as PTAs and administrative reviews. • Other non−discretionary cost or savings imposed on local agencies: None. • Cost or savings in federal funding to the state: None.

Significant Statewide Adverse Economic Impact on Business: The Board has determined that there is no significant, statewide adverse economic impact direct- ly affecting business, including the ability of California businesses to compete with businesses in other states.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 596 Cost Impacts on Representative Private Persons or Businesses: The Board is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Assessment of Effects on Job and/or Business Cre- ation, Elimination or Expansion: This rulemaking action will not have a significant adverse economic im- pact directly affecting the expansion of businesses in California or on existing businesses within the State of California, because it is highly unlikely that private businesses will be affected by the Board’s continued implementation of parole hearing date advancement processes.

These proposed regulations may lead to ex- pansion of businesses in California to the extent more inmates may need legal assistance and representation and to the extent more victims may need support and as- sistance from entities during the parole hearing ad- vancement process and any hearing held as a result of the advancement. However, expansion of this nature is speculative and not possible to predict with accuracy due to the myriad factors that impact whether inmates or victims will seek legal or other assistance.

Moreover, since legal representation for inmates and other assis- tance for victims is already provided by the Board and Department within their existing budgets, it is also pos- sible that these regulations will have no impact on ex- pansion of these types of businesses. These proposed regulations will have no additional effect on business expansion in California. Effect on Housing Costs: The Board has made an initial determination that the proposed action will have no significant effect on housing costs because housing costs are not affected by the Board’s processes in ad- vancing hearings under Penal Code

section 3041.5, subdivisions (b)(4) and (d)(1). Small Business Determination: The Board has de- termined that the proposed regulations do not have a significant adverse economic impact on small business because small businesses are not affected by the Board’s processes in advancing hearings under Penal Code

section 3041.5, subdivisions (b)(4) and (d)(1). RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT In accordance with Government Code

section 11346.3, subdivision (b), the Board has made the fol- lowing assessments regarding the proposed regula- tions: I. Creation or Elimination of Jobs Within the State of California The rulemaking action memorializes the parole hear- ing advancement processes already being implemented by the Board in accordance with statutes and case law.

The Board has determined the proposed action will have minimal impact on the creation or elimination of jobs within the State of California, primarily because the impact on Board staffing has already been absorbed by current staff positions and any projection on the im- pact to inmate attorneys, victims, and entities assisting victims are speculative. Specifically, the proposed regulations provide for the possible advancement of parole hearings through a peti- tion to advance, an ad hoc administrative review initiat- ed by the Board, and an administrative review of three− year denials.

These three processes have been in place for a number of years. Petitions to advance were explic- itly written into Marsy’s Law, which became effective on January 1, 2009, and the Board has been reviewing these petitions to advance since that time. Ad hoc ad- ministrative reviews simply reflect the Board’s broad discretionary authority to review a case for a possible hearing advancement, which again, was written into Marsy’s Law.

Administrative reviews of three−year de- nials have been implemented by the Board following the Vicks decision in 2013, which stated the Board should have a meaningful way to effectuate the parole hearing advancement process. When first implement- ing the administrative reviews of three−year denials, the Board augmented its staff to conduct screening and review of these cases. However, the increase in staffing and resources has already been absorbed by the Board’s current staff positions. Therefore, the proposed rule- making action does not create or eliminate any new jobs for the Board.

Due to various statutes enacted over the past few years affecting the timing and eligibility of certain in- mates for parole consideration, the Board projects an in- crease in the number of parole consideration hearings. Therefore, in addition to more grants of parole, the Board expects more denials of parole, which could re- sult in more inmates submitting petitions to advance and the Board conducting more administrative reviews of three−year denials. This, in turn, could create more jobs for inmate attorneys and entities assisting victims.

However, as mentioned earlier, any prediction concern- ing the creation or elimination of jobs is highly specula- tive, as the Board has no control over which inmates pe- tition to advance a hearing, or which victims choose to participate in the parole hearing advancement process. Additionally, the Board presently anticipates absorbing any increases through current staffing or additional staffing already requested for other unrelated purposes. Based on the foregoing reasons, the Board’s adoption of this regulation does not result in the creation or elimi- nation of any new jobs for the Board.

The adoption of this regulation may have some impact on the creation or elimination of jobs for inmate attorneys and entities as-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 597 sisting victims, but as explained above, this prediction is highly speculative. II.

Creation of New or Elimination of Existing Businesses Currently Doing Business Within the State of California This rulemaking action will not have a significant ad- verse economic impact on existing businesses within the State of California, including the ability of Califor- nia businesses to compete with businesses in other states, because it is highly unlikely that private busi- nesses will be affected by the Board’s continued imple- mentation of parole hearing date advancement process- es. No businesses are expected to be eliminated.

As pre- viously noted, these proposed regulations may lead to the creation of new businesses both within California and outside of California to the extent more inmates may need legal assistance and representation, and to the extent more victims may need support and assistance from entities during the parole hearing advancement process and any hearing held as a result of the advance- ment. However, the creation of these businesses is spec- ulative and the Board has no current knowledge of any impacts to California businesses. III.

Expansion of Businesses within the State of California This rulemaking action will not have a significant ad- verse economic impact directly affecting the expansion of businesses in California, because it is highly unlikely that private businesses will be affected by the Board’s continued implementation of parole hearing date ad- vancement processes.

Again, these proposed regula- tions may lead to expansion of businesses in California to the extent more inmates may need legal assistance and representation and to the extent more victims may need support and assistance from entities during the pa- role hearing advancement process and any hearing held as a result of the advancement, but this expansion is speculative. These proposed regulations will have no additional effect on business expansion in California. IV.

Anticipated Benefits of the Regulations As explained above in greater detail in the “Antici- pated Benefits of the Regulations” section, these pro- posed regulations will benefit both public safety and the general welfare of all stakeholders by providing greater clarity on the Board’s parole hearing advancement process, preserving the constitutional rights of both in- mates and victims, and implementing the will of the People of California in passing Marsy’s Law.

CONSIDERATION OF ALTERNATIVES and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective and less burdensome to affected private persons, than the proposed regulatory action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. Interested parties are accordingly invited to present statements or arguments with respect to any alternatives to the pro- posed changes during the public comment period.

The Board must determine that no reasonable alterna- tive it considered, or that has otherwise been identified A V AILABILITY OF PROPOSED TEXT, INITIAL STATEMENT OF REASONS, AND RULEMAKING FILE The Board will make the rulemaking file available to the public throughout the rulemaking process at its of- fices located at 1515 K Street, Suite 600, Sacramento, California.

As of the date this Notice is published in the Office of Administrative Law’s Notice Register, the rulemaking file consists of this Notice, the Form 400 (Notice of Submission of Regulation), the Proposed Text of the Regulation, the Initial Statement of Reasons, and the Form 399 Fiscal and Economic Impact State- ment. Copies of any of these documents may be ob- tained by contacting the Board’s Contact Person identi- fied in this notice at the mailing address, fax number, or email address listed above or by visiting the Board’s website at: http://www.cdcr.ca.gov/BOPH/ reg_revisions.html.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After 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 for at least 15 days before the Board adopts the regulations as revised.

Please send requests for copies of any modified regulation text to the attention of the Contact Person identified in this Notice or by visiting the Board’s website at http://www.cdcr.ca.gov/BOPH/ reg_revisions.html. If the Board makes modifications, the Board will accept written comments on the modi- fied regulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the Board’s

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 598 Contact Person identified in this notice at the mailing address, phone number, fax number, or email address listed above or by visiting the Board’s website at: http://www.cdcr.ca.gov/BOPH/reg_revisions.html. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION California Code of Regulations Title 15, Crime Prevention and Corrections NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR or Department), proposes to amend sec- tions 3490 and 3491 of Title 15, Division 3, Subchapter 5.5,

Article 1, and adopt sections 3495, 3496 and 3497 into Title 15, Division 3, Subchapter 5.5,

Article 2, as well as amend

section 2449.1 of Title 15, Division 2,

Chapter 3,

Article 15 and adopt sections 2449.30, 2449.31, 2449.32, 2449.33, and 2449.34 into Title 15, Division 2,

Chapter 3,

Article 16 regarding Supplemen- tal Reforms to Parole Consideration. PUBLIC HEARING Date and Time: June 6, 2019 — 10:30 a.m. to 11:30 a.m. Place: Department of Corrections and Rehabilitation Conference Room 100N 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins April 19, 2019 and closes on June 6, 2019 at 5:00 p.m. Any person may submit written comments by mail addressed to the primary contact person listed below, or by e−mail to rpmb@cdcr.ca.gov, before the close of the comment pe- riod.

For questions regarding the subject matter of the regulations, call the program contact person listed be- low. CONTACT PERSONS Primary Contact L. Lomonaco Telephone: (916) 445−2217 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Back−Up Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 AUTHORITY AND REFERENCE In California, adopting, amending, or repealing a reg- ulation requires an express grant of authority in law. As stated in subdivision (

b) of

section 11349 of the Gov- ernment Code, “‘Authority’ means the provision of law which permits or obligates the agency to adopt, amend, or repeal a regulation.” Ordinarily, the authority to adopt, amend, or repeal regulations in Division 3 of Title 15 is found in subdivi- sion (

a) of

section 5058 of the Penal Code, which states: “The [Secretary] may prescribe and amend rules and regulations for the administration of the prisons . . . .” Authority to do the same in Division 2 of Title 15 is found in

section 3052 of the Penal Code, which states: “The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed to go upon parole outside the prison buildings and enclo- sures when eligible for parole.” Furthermore, pursuant to

section 5058.3 of the Penal Code, the Department is authorized to promulgate emergency regulations, as it proposes to do here, “to expedite the exercise of its pow- er to implement regulations as its unique organizational circumstances require.” Additional authority: Penal Code sections 2700 and 2701. Reference: Cal. Const., art. 1,

sec. 32(a); Penal Code sections 667, 667.5, 1170.1(c), 1170.2, 2900.1, 2900.5, 2930, 2932, 2933, 2933.05, 2933.1, 2933.3, 2933.6, 2935, 3041, 4019, 5054 and 5068; In re Edwards (Sept. 7, 2018, B288086) _Cal.App.4th_ [237 Cal.Rptr.3d 673]; In re Reeves (2005) 35 Cal.4th 765; In re Tate (2006) 135 Cal.App.4th 756; In re Monigold (1988) 205 Cal.App.3d 1224; In re Thompson (1985) 172 Cal.App.3d 256.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 599 Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Di- vision of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Di- rector of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the super- vision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons con- fined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This proposed rulemaking action amends existing regulations concerning parole consideration which were promulgated after the passage of The Public Safe- ty and Rehabilitation Act of 2016 (Proposition 57). Ex- isting regulations exclude inmates incarcerated for a term of life with the possibility of parole from the non- violent parole consideration process.

This exclusion was challenged in the Court of Appeal of the State of California Second Appellate District, Division Five. On September 7, 2018, in the matter of In re Edwards, the court ordered the Department to amend its regula- tions to allow nonviolent inmates who are incarcerated for a term of life with the possibility of parole to be eligi- ble for parole consideration by the Board of Parole Hearings.

This action will: Allow inmates who are incarcerated for a term of life with the possibility of parole for a nonviolent offense to be eligible for parole consideration by the Board of Pa- role Hearings, thus bringing the Department into com- pliance with the court order in the matter of In re Edwards.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The establishment of the nonviolent offender parole consideration process will make prisons and communi- ties safer by encouraging and motivating indetermi- nately sentenced nonviolent offenders to participate in rehabilitative programs and service opportunities that create skills and employability. The proposed regula- tions establish rigorous screening criteria for inmates and notification procedures for registered victims and prosecuting agencies.

Establishing screening criteria benefits public safety by excluding inmates who are more likely to pose a risk to the public and provides nonviolent offenders with substantial motivation to avoid prison misconduct and focus on their rehabilita- tion. Establishing notification processes benefits public safety by ensuring that registered victims and prosecut- ing agencies, as well as other interested parties, have the opportunity to submit additional information regarding the nonviolent offender for the Board’s consideration.

Under the proposed regulations, the Board will review all relevant and reliable evidence, including an inmate’s full criminal history, institutional behavior, rehabilita- tive efforts, and statements from interested parties to determine whether the inmate poses a current unreason- able risk to public safety. This process will enhance public safety by motivating eligible inmates to take re- sponsibility for their own rehabilitation and work to prepare them to be productive members of the commu- nity upon their release.

EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS AND REGULATIONS The Department must evaluate whether the proposed regulations are inconsistent or incompatible with exist- ing State regulations. Pursuant to this evaluation and because the Act authorizes the Department to adopt reg- ulations “notwithstanding anything in this

article or any other provision of law” (Cal. Const., art. 1, § 32, subd. (a)), it has determined these proposed regulations are not inconsistent or incompatible with any existing laws or regulations within CCR, Title 15, Division 2 and Di- vision 3. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 600 FISCAL IMPACT STATEMENT • Cost or savings to any state agency: • Cost: Fiscal Year 2019−20 = $8.2 Million • Cost: Fiscal Year 2020−21 = $8.2 Million • Cost: Fiscal Year 2021−22 = $2.9 Million • Cost to any local agency or school district that is required to be reimbursed:None. • Other nondiscretionary cost or savings imposed on local agencies:None. • Cost or savings in federal funding to the state:None. EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed regulations 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, because private businesses are not significantly affected by the management of correctional facilities or the Board of Parole Hearings. EFFECT ON SMALL BUSINESSES The Department has made an initial determination that the proposed regulations will not affect small busi- nesses.

It is determined that this action has no signifi- cant adverse economic impact on small business be- cause the proposed regulations affect the internal man- agement of the Department and the Board of Parole Hearings only, and place no requirements or restrictions on businesses. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT This proposed rulemaking action is designed to im- plement the will of California voters when they enacted the nonviolent parole consideration under The Public Safety and Rehabilitation Act of 2016, as interpreted by the Court of Appeals in In re Edwards.

As for job cre- ation, the nonviolent parole consideration process will necessarily create jobs at the Board due to the additional parole reviews required by the Act. These proposed reg- ulations may also lead to the creation of new businesses and the expansion of existing businesses in California to fill the need for increased rehabilitative program- ming mandated by The Public Safety and Rehabilita- tion Act of 2016. No jobs in California have been eliminated as a result of these changes. No businesses are expected to be eliminated.

These regulations may benefit the Health and Wel- fare of California residents, worker safety, and the State’s environment by providing inmates with incen- tives to participate in rehabilitative and educational pro- gramming which will assist in preparing inmates to find employment upon release, which may eventually re- duce recidivism and overcrowding in California prisons.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternatives considered, or that have otherwise been identified and brought to the attention of the Depart- ment and the Board, would be more effective in carry- ing out the purpose for which this action is proposed, would be as effective and less burdensome to affected private persons than the action proposed, or would be more cost−effective to affected private persons and equally effective in implementing and equally effective in implementing The Public Safety and Rehabilitation Act of 2016.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed at the scheduled hearing or dur- ing the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared and will make avail- able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon re- quest directed to the Department’s contact person. The

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 601 proposed text, ISOR, and Notice of Proposed Action will also be made available on the Department’s web- site: www.cdcr.ca.gov. A V AILABILITY OF THE FINAL ST ATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’s contact person. A V AILABILITY OF CHANGES T O PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice.

If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the De- partment adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice. The Department will accept written com- ments on the modified regulations for at least 15 days after the date on which they are made available.

CERTIFICATION OF PUBLIC SAFETY COMPLIANCE [Per California Constitution,

Article I,

Section 32] This rulemaking action amends existing regulations concerning the nonviolent parole consideration process which was promulgated after the passage of The Public Safety and Rehabilitation Act of 2016 (hereafter re- ferred to as Proposition 57 or the Act). Proposition 57 provided that the “Department of Corrections and Re- habilitation adopt regulations in furtherance of [the Act], and the Secretary of the Department of Correc- tions and Rehabilitation shall certify that these regula- tions protect and enhance public safety.” (Cal.

Const., art. 1, § 32(b).) Accordingly, in my role as the Secretary of the De- partment, I have been granted broad rulemaking author- ity under the California Constitution to adopt, amend, or repeal regulations in furtherance of the Act (notwith- standing other provisions of law) and I hereby invoke that constitutional grant of authority in support of this rulemaking action. Regulations adopted by the Department in 2018 ex- cluded inmates incarcerated for a term of life with the possibility of parole from the nonviolent parole consid- eration process.

This exclusion was challenged in the Court of Appeal of the State of California, Second Ap- pellate District, Division Five. On September 7, 2018, in the matter of In re Edwards, the court ordered the De- partment to amend its regulations to allow nonviolent inmates who are incarcerated for a term of life with the possibility of parole to be eligible for parole considera- tion by the Board of Parole Hearings. The Department proposes amendments to the Sup- plemental Reforms to Parole Consideration regulations with the goal to comply with the court’s order while pro- tecting and enhancing public safety.

To that end, nonvi- olent inmates who have been sentenced to a term of life with the possibility of parole are now eligible for parole consideration following an in−person hearing conduct- ed by the Board of Parole Hearings. I, Ralph M. Diaz, Secretary of the Department, do certify that these regulations protect and enhance public safety for all Californians in compliance with the courts order and

Section 32 of

Article I of the California Con- stitution. /s/ 4−11−19 DateRALPH M. DIAZ Secretary Department of Corrections and Rehabilitation TITLE 22.

DEPARTMENT OF TOXIC SUBSTANCES CONTROL Photovoltaic Modules (PV Modules) — Universal Waste Management Department Reference Number: R−2017−04 Office of Administrative Law Notice File Number: Z−2019−0409−04 NOTICE IS HEREBY GIVEN that the Department o f Toxic Substances Control (DTSC) proposes to adopt amended California Code of Regulations, Title 22, Di- vision 4.5, Chapters 10, 11, and 23, sections 66260.10, 66261.9, 66273.1, 66273.7.1, 66273.9, 66273.31, 66273.32, 66273.33.6, 66273.34, 66273.39, 66273.51, 66273.70, 66273.71, 66273.72, 66273.73, 66273.74, 66273.75, 66273.76, and 66273.77.

PUBLIC HEARING DTSC will hold one public hearing on the proposed regulation at the following time and location: DATE: June 10, 2019 TIME: 1:00 p.m.−3:00 p.m. (PDT) LOCATION: Sacramento Regional Office Board Rooms 1 and 2 8800 Cal Center Drive Sacramento, California 95826

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 602 At the time and location listed above, any person(

s) may present statements or arguments orally or in writ- ing relevant to this proposal. The public hearing will convene at 1:00 p.m. and will remain open until 3:00 p.m. or until no attendees present testimony, whichever occurs first. Representatives of DTSC will preside at the hearing. DTSC requests persons who wish to speak to please register before the hearing. Prehearing registration is conducted at the location of the hearing from 12:00 p.m. PDT until the hearing commences. Registered persons will be heard in the order of their registration.

Anyone else wishing to speak at the hearing will have an oppor- tunity after all registered persons have been heard. All visitors are required to sign in prior to attending any meeting at the security desk, located just inside the building’s public entrance. Please allow adequate time to sign in and receive a visitor badge before the public hearing begins. NOTICE PERTAINING TO ACCESSIBILITY AND REASONABLE ACCOMMODATION All documents related to this regulation can be made available in alternate format (i.e., Braille, large print, etc.) or in another language, as requested, in accordance with state and federal law.

Further, to ensure the public has equal access to all available services and information, DTSC will provide disability−related reasonable accommodations and/or translator/ interpreter needs, upon request. For assistance, please contact Tara Barnes at (916) 327−4500 or Tara.Barnes@dtsc. ca.gov as soon as possible, but no later than 10 business days prior to the scheduled hearing. TTY/TDD/Speech−to−Speech users may dial 7−1−1 for the California Relay Service. WRITTEN COMMENT PERIOD Any interested person(

s) or their authorized repre- sentative(

s) may submit written comments relevant to the proposed regulatory action to DTSC in either elec- tronic or hard−copy formats. Written comments may be submitted electronically through the DTSC regulations email address at regs@dtsc.ca.gov; or please direct hard−copy written comments to: Ms. Jackie Buttle, Regulations Coordinator Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812−0806 The written comment period will close at 11:59 p.m. PDT on June 10, 2019. Only comments received at the DTSC office by that date and time will be considered.

AUTHORITY AND REFERENCE Authority These regulations are being proposed under the fol- lowing authorities: Health and Safety Code

section 25141. This

section grants DTSC authority to adopt regulations to develop criteria and guidelines for the identification of haz- ardous wastes. Health and Safety Code

section 25150. This

section grants DTSC authority to adopt standards and regula- tions related to the management of hazardous waste. Health and Safety Code

section 25201. This

section grants DTSC the authority to require hazardous waste facilities that store, treat, transfer, recover resources from, or dispose of hazardous waste to obtain a haz- ardous waste facility permit or other grant of authorization. Health and Safety Code

section 25259. This

section grants DTSC authority to adopt regulations to designate end−of−life photovoltaic modules that are identified as hazardous waste as a universal waste and subject them to universal waste management. Health and Safety Code

section 58012. This

section grants DTSC authority to adopt and enforce rules and regulations to execute its duties. Added by Governor’s Reorganization Plan No. 1, §146, eff. July 17, 1991. See http://www.dtsc.ca.gov/LawsRegsPolicies/upload/ OEARA_REG_GRP1.pdf . Reference These regulations implement, interpret, or make spe- cific the following statute: Health and Safety Code

section 25141. This

section grants DTSC authority to adopt regulations to develop criteria and guidelines for the identification of haz- ardous wastes. Health and Safety Code

section 25141.5. This

section grants DTSC authority to make determination if wastes are hazardous by following criteria and procedures specified for identification and regulation of a haz- ardous waste. Health and Safety Code

section 25150. This

section grants DTSC authority to adopt standards and regula- tions related to the management of hazardous waste. Health and Safety Code

section 25159.5. This

section specifies that DTSC shall, insofar as practicable, make the standards and regulations conform to corresponding federal regulations. This

section does not prohibit DTSC from adopting standards or regulations that are more stringent than federal regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 603 Health and Safety Code

section 25201. This

section grants DTSC the authority to require hazardous waste facilities that store, treat, transfer, recover resources from, or dispose of hazardous waste, to obtain a haz- ardous waste facility permit or other grant of authorization. Health and Safety Code

section 25259. This

section grants DTSC authority to adopt regulations to designate end−of−life photovoltaic modules that are identified as hazardous waste as a universal waste and subject them to universal waste management. Health and Safety Code

section 58012. This

section grants DTSC authority to adopt and enforce rules and regulations to execute its duties. Added by Governor’s Reorganization Plan No. 1, §146, eff. July 17, 1991. See http://www.dtsc.ca.gov/LawsRegsPolicies/upload/ OEARA_REG_GRP1.pdf . INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Policy Statement Overview As demands for alternative forms of electricity grow in California, photovoltaic modules (PV modules, also referred to as solar panels) become more widely used by utilities, businesses, and households. When PV mod- ules are discarded as waste, it is important that they are managed in a safe and effective manner. In 2015, Senate Bill 489, Monning,

chapter 419, statutes of 2015 added

article 17 (section 25259 et seq.) to

chapter 6.5 of the California Health and Safety Code, authorizing DTSC to adopt regulations to designate end−of−life PV mod- ules that are hazardous wastes as a universal waste. This proposed regulation package allows PV modules that are determined by generators to be hazardous waste to be managed according to universal waste management standards in California Code of Regulations, title 22, di- vision 4.5,

chapter 23. Background PV modules consist of an array of semiconducting photovoltaic cells (PV cells) that convert solar energy into electrical energy. PV cells are made of mostly sili- con materials and connected via electrical contacts. The electrical contacts are made of metals such as palladi- um, silver, nickel, copper, or cadmium. Some PV cells, referred to as “thin−film” cells, consist of non−siliceous materials such as copper indium diselenide, cadmium telluride, or gallium arsenide. PV cells are encased in a transparent laminate, such as tempered glass, to protect the cells from environmental damage.

The term PV modules in this proposed regulation also includes the metal frames that are used to support the panels, junc- tion boxes, batteries, inverters, and cables. Some PV modules exhibit the hazardous waste char- acteristic of toxicity due to the presence of metals. Many households and businesses are unaware of the po- tential hazards associated with PV modules, resulting in these wastes being illegally and improperly handled and disposed of as municipal solid waste.

PV modules have an expected service life of 30 years and are designed to maintain their performance and functionality under varying environmental conditions. However, PV modules could become a waste at various stages, including manufacturing, installation, or re- placement. In the absence of government intervention, businesses that generate waste PV modules would like- ly send them for disposal at municipal solid waste land- fills.

Municipal solid waste landfills provide less pro- tection to human health and the environment against the hazards that PV modules contain than a permitted haz- ardous waste disposal facility. While full hazardous waste regulations reduce the risks associated with PV modules, businesses that gen- erate PV modules do not always manage these wastes in compliance with hazardous waste management regula- tions. For those generators that know or suspect that PV modules are hazardous waste, complying with lawful management requirements may be complex and costly.

These burdens serve as a disincentive for generators to make a hazardous waste determination and manage this waste stream. Additionally, the low risks posed by PV modules are not commensurate with the level of regula- tory oversight and protection provided by full haz- ardous waste regulation. Proposed Regulation Health and Safety Code

section 25259 specifies that DTSC is authorized to add PV modules to universal waste regulations, which will apply to those businesses that generate, transport, handle, and treat or dispose of PV modules in California. These regulations establish alternatives to full hazardous waste management for PV modules, similar to existing standards for electronic waste. This will decrease the mismanagement of haz- ardous waste PV modules.

The proposed regulation affects how waste PV mod- ules are contained, transported, and treated through the following standards: • Applying the same transportation standards as all other universal wastes (i.e., a business may only transport the wastes to a destination facility or to another universal waste handler); • Allowing treatment methods for PV modules that primarily change only the physical shape of the waste (e.g., breaking, shredding, crushing, compacting) and that separate processed material by its physical properties (e.g., size, color, density); and

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 604 • Specifying the appropriate management standards for the different levels of treatment to ensure that treatment is performed safely by handlers that do not have a hazardous waste facility permit that they would otherwise be required to obtain. DTSC establishes this form of self−implementing authorization because a full or standardized hazardous waste facility permit is not commensurate with the hazards posed by treating PV modules.

A universal waste handler that does not follow the universal waste standards and disposes of the PV mod- ules becomes a hazardous waste generator and must comply with all the hazardous waste management re- quirements outlined in California Code of Regulations, title 22, division 4.5, chapters 12 through 16, 18, 20, and 22. Anticipated Benefits DTSC determined that the proposed regulation in- creases protection to public health and the environment by creating a regulatory framework to manage these hazardous wastes in a way that is commensurate with their low risks.

DTSC witnessed similar improved waste management practices with the addition of elec- tronic waste to California’s universal waste program. DTSC estimates 1 that the proposed regulation reduces costs for PV module waste management compared to the costs for having to manage PV modules as a fully regulated hazardous waste. The proposed regulation allows generators to send their waste PV modules to a universal waste handler to manage the hazardous waste PV modules without a hazardous waste facility permit.

Incorporating PV modules as a universal waste into the existing universal waste standards will streamline the collection, trans- portation, and treatment of PV modules and deter the abandonment of hazardous waste PV modules in California.

Summary of Existing Statutes and Regulations Health and Safety Code

section 25259 authorizes DTSC to adopt regulations to designate end−of−life PV modules that are identified as hazardous waste as uni- versal waste and subject them to universal waste man- agement. That provision is discussed in the Policy Statement Overview

section of this document. In addi- tion, California Code of Regulations, title 22, division 4.5,

chapter 23, governs management standards for uni- versal waste. Universal waste handlers (including those authorized to treat universal wastes), universal waste transporters, and destination facilities are subject to universal waste regulations. Finally, Health and Safety Code sets out a basic framework and requirements for hazardous waste man- agement in California. Those provisions are set out in the Health and Safety Code, division 20,

chapter 6.5. Specifically, Health and Safety Code

section 25150 grants DTSC authority to adopt standards and regula- tions related to the management of hazardous waste and governs all aspects of the generation, management, treatment, storage, and disposal of hazardous waste in California. Relation to Existing Federal Regulations PV modules that meet the criteria of a characteristic hazardous waste under 40 Code of Federal Regulations, subpart B must be managed as a Resource Conservation Recovery Act (RCRA) hazardous waste. Likewise, in California, PV modules that meet the criteria of a haz- ardous waste as outlined in California Code of Regula- tions, title 22, division 4.5,

chapter 11,

article 3 must be managed as a California hazardous waste. DTSC is proposing to add PV modules to its universal waste reg- ulations, which is commensurate with the low risks posed by these wastes. DTSC currently seeks authorization from the U.S. Environmental Protection Agency for its universal waste management program. Once authorized, a state can designate additional waste streams as universal waste at the same time that it creates its own universal waste rule. DTSC analyzed PV modules under the crite- ria found in California Code of Regulations, title 22 sec- tion 66260.23, which is analogous to the criteria in 40 Code of Federal Regulations

section 273.81. The rea- sons for including RCRA regulated PV modules as uni- versal waste under California’s universal waste regula- tions are explained in the Initial Statement of Reasons for these proposed regulations. Evaluation of Inconsistency or Incompatibility with Existing State Regulations DTSC has evaluated whether the proposed regula- tions are inconsistent or incompatible with existing state regulations regarding the management of haz- ardous waste PV modules as universal waste.

DTSC is the only state agency that regulates and governs haz- ardous waste management in general and the alternative management standards for certain categories of haz- ardous waste under universal waste regulations in par- ticular. The proposed regulations are neither inconsis- tent nor incompatible with existing state regulations. The proposed regulations amend existing regulations in California Code of Regulations, title 22, division 4.5,

chapter 23, Standards for Universal Waste Manage- ment to include PV modules. Incorporated by Reference The regulations do not include any items incorporat- ed by reference. 1 Economic and Fiscal Impact Statement — Form 399 — PV modules — Universal Waste Management.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 605 DISCLOSURE REGARDING THE PROPOSED ACTION Mandates on Local Agencies or School Districts DTSC determined that the proposed regulations will not impose a local mandate or result in costs subject to reimbursement pursuant to

part 7 of division 4, com- mencing with

section 17500, of the Government Code or other nondiscretionary costs or savings to local agencies. Cost or Savings to State or Local Agencies or School Districts Subject to Reimbursement DTSC determined that the proposed regulations will not result in costs or savings for any state or local agen- cy or school district that is required to be reimbursed pursuant to

part 7 of division 4, commencing with sec- tion 17500 of the Government Code. The proposed reg- ulations are not anticipated to result in any other nondis- cretionary costs or savings imposed on local agencies or to change any federal funding to the state. Cost or Savings in Federal Funding to the State DTSC determined that the proposed regulations will not result in any changes to federal funds that the state of California receives.

Determination of No Significant Statewide Economic Impact DTSC made an initial determination and found through the economic analysis assessment that the pro- posed regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability to compete with businesses in oth- er states.

Cost Impacts on Representative Private Persons or Businesses DTSC conducted an economic impact assessment of the proposed regulations for generators and universal waste handlers of waste PV modules. 2 DTSC estimates annual cost savings of $11,735,928 for PV modules waste generators in California under the proposed regu- lation, since the generators do not need to use a manifest or fulfill certain transportation requirements when ship- ping these wastes to a universal waste handler.

As for the universal waste handlers that manage waste PV modules, DTSC estimates additional annual costs of $154,770 (spread among 10 handlers) for com- plying with the proposed regulation, due to having added a new waste stream under universal waste man- agement. DTSC anticipates that the rates that universal waste handlers will charge to handle PV modules will be adjusted to account for all variable costs and will be passed back to the generators. Under the proposed uni- versal waste regulations, the universal waste handlers do not have to obtain a permit to store and treat PV mod- ules.

Once the universal waste handler decides to dis- pose of the PV modules, the universal waste handler be- comes the hazardous waste generator and must comply with full hazardous waste requirements. Effect on Small Businesses The proposed regulation may affect small businesses. DTSC determined that small businesses may experi- ence cost savings by managing PV modules as univer- sal waste.

Although the proposed regulations would re- quire small businesses to incur some costs pertaining to requirements such as universal waste rule familiariza- tion, notification, recordkeeping, reporting, and em- ployee training, costs associated with obtaining a per- mit to accept, store, treat, and dispose of PV modules as hazardous waste will be avoided. Effect on Housing Costs DTSC has determined that the proposed regulations do not impact housing costs. Results of the Economic Impact Analysis DTSC conducted an economic impact assessment, as required by Government Code

section 11346.3(b), and found that no businesses or jobs would be eliminated in California as a result of the proposed regulation. The number of businesses or jobs that could be created or expanded is not known. DTSC determined that pro- posed regulation creates a regulatory framework that streamlines for the proper management and disposal of hazardous waste PV modules, which would be of bene- fit to California’s public health and the environment.

DTSC also estimated that the proposed regulation would reduce waste management costs for generators of hazardous waste PV modules under universal waste management, compared to costs associated with fully regulated hazardous waste management requirements. The proposed regulation also ensures the safety and well−being of workers that manage waste PV modules by requiring universal waste handlers of PV modules to comply with all applicable health and safety laws and regulations.

CONSIDERATION OF ALTERNATIVES DTSC held two public workshops in Sacramento to present the regulatory concepts under consideration and solicit comments from stakeholders and the public on the draft regulations to allow PV modules to be man- aged as a universal waste. Multiple stakeholder com- ments were received on the draft regulations. DTSC has since revised the draft regulation text reflecting the stakeholder feedback. Additionally, DTSC held an in- formational seminar to educate stakeholders on 2 Economic and Fiscal Impact Statement — Form 399 — PV Modules — Universal Waste Management.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 606 DTSC’s universal waste program and the proposed reg- ulations prior to public notice, although revisions were not made to the regulation. A detailed discussion of the proposed regulations, in- cluding the Consideration of Alternatives, is presented in the Initial Statement of Reasons for these regulations — Photovoltaic (PV) Modules — Universal Waste Management. Pursuant to Government Code

section 11346.5(a)(13), DTSC must determine that no reason- able alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private busi- nesses and equally effective in implementing the statu- tory policy or other provision of law. OTHER APPLICABLE REQUIREMENTS PRESCRIBED BY STATUTE California Environmental Quality Act (CEQA) Compliance DTSC has found this rulemaking project to be ex- empt under CEQA (Pub. Resources Code,

sec. 21000 et seq.). This rulemaking meets the Categorial exemption (CEQA Guidelines, California Code of Regulations, tit. 14,

sec. 15308). A draft Notice of Exemption is avail- able for review with the rulemaking file and will be filed with the State Clearinghouse when the regulations are adopted. CONTACTS Inquiries regarding technical aspects of the proposed regulation may be directed to Dr. Chosu Khin of DTSC at (916) 324−2428. If Dr. Khin is unavailable, you may contact the regulations coordinator, Jackie Buttle, at (916) 324−8286. However, such oral inquiries are not part of the official rulemaking record.

A 52−day public comment period for this rulemaking file, as described above, will commence on April 19, 2019 and close on June 10, 2019 at 11:59 p.m. PDT. During this time, DTSC will accept statements, argu- ments, or contentions and/or supporting documents re- garding this rulemaking that must be submitted in writ- ing or may be presented orally or in writing at the public hearing. Comments must be received by the deadline in order for them to be considered before DTSC adopts, amends, or repeals these regulations.

A V AILABILITY OF TEXT OF PROPOSED REGULATIONS AND INITIAL STATEMENT OF REASONS Copies of the Notice, Initial Statement of Reasons, the text of the proposed regulations, all the information upon which its proposal is based, and the express terms of the proposed regulation are posted to DTSC’s Inter- net site at: http://www.dtsc.ca.gov/LawsRegsPolicies/ Regs/index.cfm or may be obtained from Ms. Jackie Buttle of DTSC as specified below. After the close of the comment period, DTSC may adopt the proposed regulation.

If substantial changes are made, the modified full text will be made available for comment for at least 15 days prior to adoption. Only persons who request the specific proposed regulation, attend the hearing, or provide written or oral comments on this specific regulation will be sent a copy of the modified text if substantive changes are made. Once the regulation has been adopted, DTSC pre- pares a Final Statement of Reasons which includes an update the Initial Statement of Reasons, DTSC’s sum- maries and responses to all timely public comments, and includes other materials required by Government Code

section 11346.9. Copies of the Final Statement of Reasons may be obtained from Ms. Jackie Buttle at the address listed below. A copy of the Final Statement of Reasons, along with the date the rulemaking, is filed with the Secretary of State and the effective date of the regulation will also be posted on DTSC’s Internet site at: http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/ index.cfm.

To be included in this regulation package’s mailing list and to receive updates of this rulemaking, please visit http://www.dtsc.ca.gov/ContactDTSC/ ELists.cfm and subscribe to the Photovoltaic modules (solar panels) Regulations E−List, or email: regs@dtsc.ca.gov. Please direct all written comments, procedural in- quiries, and requests for documents by mail, email, or fax to: Ms. Jackie Buttle Regulations Coordinator Department of Toxic Substances Control P.O. Box 806 Sacramento, CA 95812−0806 Email address: regs@dtsc.ca.gov Phone number: (916) 324−8286 If Ms. Buttle is unavailable, please call Dr.

Chosu Khin at (916) 324−2428.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 607 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR Lower Moffett Creek Scour — BDES 2080−2019−005−01 Siskiyou County The California Department of Fish and Wildlife (CDFW) received a notice on April 5, 2019 that the Cal- ifornia Department of Transportation (Caltrans) pro- poses 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 replacement of bridge that is showing corrosion and deck deterioration. The proposed project will occur approximately six miles north of Fort Jones, from 0.3 mile south to 0.3 mile north of Lower Moffett Creek Road, in Siskiyou County. The National Marine Fisheries Service issued a fed- eral biological opinion (Ref.

No. 2013−9731) in a mem- orandum to the United States Army Corps of Engineers and Caltrans October 18, 2013, which considered the effects of the proposed project on state and federally threatened Southern Oregon/Northern California Coast (SONCC) coho salmon (Oncorhynchus kisutch). Pursuant to California Fish and Game Code

section 2080.1, Caltrans 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, Caltrans 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 PROPOSED RESEARCH ON FULLY PROTECTED SPECIES Monitoring and Research at California Least Tern Nesting Colonies The Department of Fish and Wildlife (“Department”) received a proposal on April 3, 2019 from Jennifer S. Jackson, Biological Consultant affiliated with San Diego Audubon, requesting authorization to take Cali- fornia Least Tern (Sternula antillarum browni; tern), for research purposes, consistent with the protection and recovery of the species.

The tern is a Fully Protected bird, and is also listed as Endangered under the Califor- nia Endangered Species Act and Endangered under the federal Endangered Species Act. Ms. Jackson is planning to conduct research and monitoring on the tern in San Diego County at the fol- lowing properties owned by the City of San Diego: Mariner’s Point, FAA Island, North Fiesta Island, Stony Point, and Dog Beach, in accordance with the methods approved by the Department and the U.S. Fish and Wildlife Service (Recovery Permit TE02478D−0 or lat- er amendments). The following research activities are proposed:

a) ha- rass by survey and locate, mark, and monitor nests;

b) capture, handle, band, and release chicks;

c) determine egg viability by tilting eggs;

d) mark eggs if nest identi- fication cannot be accomplished by using a numbered stake; and

e) salvage carcasses of chicks or adults. The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) to authorize qualified professional wildlife researchers, with Ms. Jackson as the Principal Investigator, to carry out the proposed activities. The applicants are also re- quired to have a valid federal recovery permit and fed- eral bird banding lab permit for the tern, and a scientific collecting permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected Birds after a 30−day notice period has been provided to affected and interested parties through publication of this notice. If the Department de- termines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it would issue the authorization on or after May 19, 2019, for an initial and renewable term of up to five years. Contact: Hans Sin, Hans.Sin@ wildlife.ca.gov, Phone (858) 467−4217. DIVISION OF LABOR STANDARDS ENFORCEMENT NOTICE OF CORRECTION This amendment is to correct the address listed for the public hearing in the Notice of Proposed Action con- cerning Janitorial Employer Registration as published in the California Regulatory Notice Register 2019, No. 14−Z, April 5, 2019, p. 521 (OAL Notice File No. Z2019−0326−06).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 608 The address listed for the place of the public hearing on May 21, 2019 is Junipero Serra State Office Build- ing, Carmel Room, 1st Floor, 107 South Broadway, Los Angeles, CA 90012, which is incorrect. The correct ad- dress for the location of the public hearing is Junipero Serra State Office Building, Carmel Room, 1 st Floor, 320 West 4th Street, Los Angeles, CA 90013. If you have any questions; please contact Laura Moskowitz at (415) 703−5252 or lmoskowitz@dir.ca.gov.

DIVISION OF LABOR STANDARDS ENFORCEMENT NOTICE OF CORRECTION This amendment is to correct the address listed for the public hearing in the Notice of Proposed Action con- cerning Property Service Sexual Harassment Training as published in the California Regulatory Notice Regis- ter 2019, No. 14−Z, April 5, 2019, p. 526 (OAL Notice File No. Z2019−0326−05). The address listed for the place of the public hearing on May 20, 2019 is Junipero Serra State Office Build- ing, Carmel Room, 1 st Floor, 107 South Broadway, Los Angeles, CA 90012, which is incorrect.

The correct ad- dress for the location of the public hearing is Junipero Serra State Office Building, Carmel Room, 1 st Floor, 320 West 4th Street, Los Angeles, CA 90013. If you have any questions, please contact Laura Moskowitz at (415) 703−5252 or lmoskowitz@dir.ca.gov. DECISION NOT TO PROCEED DEPARTMENT OF VETERANS AFFAIRS NOTICE OF DECISION NOT TO PROCEED Pursuant to Government Code

section 11347 Pursuant to Government Code

Section 11347, the California Department of Veterans Affairs hereby gives notice that it has decided not to proceed with the rule- making action published in the California Regulatory Notice Register (CRNR) October 26, 2018. The pro- posed rulemaking concerned the California State Ap- proving Agency for Veterans Education (CSAA VE). (OAL Notice Z−2018−1016−05.) Any interested person with questions concerning this rulemaking should Phil McAllister at either 916−653−1961 or by e−mail at: Phil.McAllister@ calvet.ca.gov. The Department will also publish this Notice of Deci- sion Not to Proceed on its website.

The decision to withdraw this file is based on the De- partment’s desire to increase transparency and public participation in the rulemaking process. The Depart- ment intends to reintroduce the file immediately. SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS EMERGENCY MEDICAL SERVICES AUTHORITY OFFICE OF ADMINISTRATIVE LAW SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS (Pursuant to Title 1,

section 280, of the California Code of Regulations) On February 4, 2019, the Office of Administrative Law (OAL) received a petition (CTU2019−0204−03) challenging guidelines and criteria issued by the Emer- gency Medical Services Authority concerning cities’ and fire districts’ reorganization under the LAFCO Act as alleged underground regulations. On April 4, 2019, the Emergency Medical Services Authority certified that they would not issue, utilize, en- force or attempt to enforce the alleged underground reg- ulations in the following documents:

(1) EMSA guidelines #141, “Competitive Process for Creating Exclusive Operating Areas”, referenced in matter no. CTU2019−0204−01;

(2) Draft EMSA guidelines #141−B, “Review Criteria and Policy for Transportation and Exclusive Operating Components of the EMS Plan”, referenced in matter nos. CTU2019−0204−01 and CTU2019−0204−03;

(3) EMSA 310−01 “EMS System Coordination and HS 1797.201 in 2010”, referenced in matter nos. CTU2019−0204−02 and CTU2019−0204−03. Therefore, pursuant to Title 1,

section 280 of the Cali- fornia Code of Regulations, OAL must suspend all ac- tion on this petition.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 609 EMERGENCY MEDICAL SERVICES AUTHORITY OFFICE OF ADMINISTRATIVE LAW SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS (Pursuant to Title 1,

section 280, of the California Code of Regulations) On February 4, 2019, the Office of Administrative Law (OAL) received a petition (CTU2019−0204−02) challenging guidelines and criteria issued by the Emer- gency Medical Services Authority concerning the con- tinued administration of EMS systems pursuant to Health & Safety Code

section 1797.201 as alleged un- derground regulations. On April 4, 2019, the Emergency Medical Services Authority certified that they would not issue, utilize, en- force or attempt to enforce the alleged underground reg- ulations in the following documents:

(1) EMSA guidelines #141, “Competitive Process for Creating Exclusive Operating Areas”, referenced in matter no. CTU2019−0204−01;

(2) Draft EMSA guidelines #141−B, “Review Criteria and Policy for Transportation and Exclusive Operating Components of the EMS Plan”, referenced in matter nos. CTU2019−0204−01 and CTU2019−0204−03;

(3) EMSA 310−01 “EMS System Coordination and HS 1797.201 in 2010”, referenced in matter nos. CTU2019−0204−02 and CTU2019−0204−03. Therefore, pursuant to Title 1,

section 280 of the Cali- fornia Code of Regulations, OAL must suspend all ac- tion on this petition. EMERGENCY MEDICAL SERVICES AUTHORITY OFFICE OF ADMINISTRATIVE LAW SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS (Pursuant to Title 1,

section 280, of the California Code of Regulations) On February 4, 2019, the Office of Administrative Law (OAL) received a petition (CTU2019−0204−01) challenging guidelines and criteria issued by the Emer- gency Medical Services Authority concerning exclu- sive operating areas for emergency ambulance services under Health and Safety Code sections 1797.6, 1797.85, and 1797.224 as alleged underground regulations. On April 4, 2019, the Emergency Medical Services Authority certified that they would not issue, utilize, en- force or attempt to enforce the alleged underground regulations in the following documents: 1.

EMSA guidelines #141, “Competitive Process for Creating Exclusive Operating Areas”, referenced in matter no. CT2019−0204−01; and 2. Draft EMSA guidelines #141−B, “Review Criteria and Policy for Transportation and Exclusive Operating Components of the EMS Plan”, referenced in matter nos. CTU 2019−0204−01 and CTU2019−0204−03. Therefore, pursuant to Title 1,

section 280 of the Cali- fornia Code of Regulations, OAL must suspend all ac- tion on this petition. DISAPPROV AL DECISION FAIR EMPLOYMENT AND HOUSING COUNCIL State of California Office of Administrative Law In re: Fair Employment and Housing Council Regulatory Action: Title 2, California Code of Regulations Adopt sections: 12005, 12010, 12060, 12061, 12062, 12063, 12100, 12120, 12130, 12155, 12161, 12162, 12176, 12177, 12178, 12179, 12180, 12185, 12264, 12265, 12266, 12267, 12268, 12269, 12270, 12271 DECISION OF DISAPPROV AL OF REGULATORY ACTION Government Code

Section 11349.3 OAL Matter Number: 2019−0214−01 OAL Matter Type: Regular Resubmittal (SR)

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 16-Z 610

SUMMARY OF REGULATORY ACTION On February 14, 2019, the Fair Employment and Housing Council (Council) submitted to the Office of Administrative Law (OAL) this proposed regulatory action to adopt in Title 2 of the California Code of Regu- lations (CCR) regulations that relate to the protection against discrimination in the context of fair housing. The proposed regulations provide

definitions. They al- so deal with liability for discriminatory housing prac- tices, discriminatory effects and the burden of proof in establishing discriminatory effects, legally sufficient justifications for practices that have discriminatory ef- fects, harassment, retaliation, real estate transactions practices, discrimination in land use practices, reason- able accommodations, assistance animals, and consid- eration of criminal history information in housing. DECISION On March 29, 2019, OAL notified the Council that OAL disapproved the proposed regulations because the regulations failed to comply with the necessity and clar- ity standards of Government Code

section 11349.1 and the Council failed to follow procedural requirements of the California Administrative Procedure Act (APA). This Decision of Disapproval of Regulatory Action ex- plains the reasons for OAL’s action. CONCLUSION For these reasons, OAL disapproved the above− referenced rulemaking action. Pursuant to Government Code

section 11349.4(a), the Council may resubmit this rulemaking action within 120 days of its receipt of this Decision of Disapproval. A copy of this Disapproval Decision will be emailed to the Council on the date indi- cated below. Any changes made to the regulation text to address the issues discussed above must be made available for at least 15 days for public comment pursuant to Govern- ment Code

section 11346.8 and

section 44 of title 1 of the CCR prior to adoption. Additionally, any document relied upon and any supplement to the ISR or other doc- ument the Council may create or otherwise propose to add to the record in order to address the necessity issue discussed above must be made available for at least 15 days for public comment pursuant to Government Code

section 11347.1 prior to adoption. The Council must document in the rulemaking file its approval of the final text after consideration of all public comments and rele- vant information, as well as resolve all other issues raised in this Decision of Disapproval, before resubmit- ting to OAL. If you have any questions, please do not hesitate to contact me at (916) 323−6824. Date: April 5, 2019 /s/ Thanh Huynh Senior Atto