California Regulatory Notice Register — Register 2024, No. 30-Z (JULY 26, 2024)
Cal. Reg. Notice Reg. 2024, No. 30
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 30–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 26, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. DELTA PROTECTION COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0711–04 ......................................... 921 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0716–03 ......................................... 921 ADOPTION MULTI–COUNTY: Las Virgenes–Triunfo Public Financing Authority TITLE 2.
MENTAL HEALTH SERVICES OVERSIGHT AND ACCOUNTABILITY COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0711–01 ......................................... 922 TITLE 7. BOARD OF PILOT COMMISSIONERS Pilot Boat Regulations — Notice File Number Z2024–0715–04 ............................................ 923 TITLE 10. DEPARTMENT OF REAL ESTATE Implementation of SB 143
(2023) Portability of Military Servicemember and Spouse Professional Licenses — Notice File Number Z2024–0716–04 ....................................................... 926 TITLE 10. CALIFORNIA HOPE, OPPORTUNITY , PERSEVERANCE, AND EMPOWERMENT (HOPE) FOR CHILDREN TRUST ACCOUNT PROGRAM HOPE Trust Account Program — Notice File Number Z2024–0716–05 ..................................... 929 TITLE 14. DEPARTMENT OF PARKS AND RECREATION Grants and Cooperative Agreement Program — Notice File Number Z2024–0717–01 ......................... 931 TITLE 16. BOARD OF PHARMACY Pharmacy Technician Fees — Notice File Number Z2024–0711–05 ........................................ 935 (Continued on next page)
TITLE 22. DEPARTMENT OF PUBLIC HEALTH General Acute Care Hospital: Clinical Laboratory, Dietetic and Pharmaceutical Services DPH–07–011 — Notice File Number Z2024–0716–02 ................................................... 938 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT 2025 California Building Code & 2025 California Existing Building Code (DSA–AC 01–24) — Notice File Number Z2024–0711–03 ................................................................. 943 TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2025 California Building Code (HCD 1–AC 01/24) — Notice File Number Z2024–0711–02 ..................... 948 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for San Diego Gas and Electric Company Habitat Conservation Plan Amendment, 2080–2024–003–05, San Diego, Orange, and Riverside Counties ........................... 953 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–137–001–R3, San Gregorio Creek Habitat Enhancement Phase 3, San Mateo County ............................................................. 954 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2024–138–001–R3, Calero Reserve Pond 17 Desedimentation and Restoration, Santa Clara County .................................................. 956 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for San Gregorio Creek Habitat Enhancement Apple Orchard Project Phase 2, 1653–2024–142–001–R3, San Mateo County ..................................... 958
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 958 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 921 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. DELTA PROTECTION COMMISSION NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Delta Protection Commission, pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on July 26, 2024 and closing on September 9, 2024. All inquiries should be directed to the contact listed below. The Delta Protection Commission proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: Adding the Associate Governmental Program Analyst job classification, all levels of the Staff Services Analyst job classification, all levels of the Staff Services Manager job classification and National Heritage Area Committee Members and their designees/alternates, and also makes other technical changes. Information on the code amendment is attached to this email.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than September 9, 2024, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than August 23, 2024. The Delta Protection Commission 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 Divi- sion 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: Debra Waltman, Assistant Executive Director, 530–650–6362, debra.waltman@delta. ca.gov. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed conflict–of– interest code of the following: CONFLICT–OF–INTEREST CODE ADOPTION MULTI–COUNTY: Las Virgenes–Triunfo Public Financing Authority A written comment period has been established com- mencing on July 26, 2024, and closing on September 9, 2024.
Written comments should be directed to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, Califor nia 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed code will be submitted to the Commission for review.
The Executive Director of the Commission will re - view the above–referenced conflict–of–interest code, proposed pursuant to Government Code
Section 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose certain investments, interests in real property and income.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 922 The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code. Any written com - ments must be received no later than July 26, 2024.
If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code, and approve it as revised, or return the proposed code for revision and re–submission.
REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.
AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 2.
MENTAL HEALTH SERVICES OVERSIGHT AND ACCOUNTABILITY COMMISSION NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Mental Health Services Oversight and Accountability Commission, pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A com - ment period has been established commencing on July 26, 2024 and closing on September 9, 2024. All inqui- ries should be directed to the contact listed below. The Mental Health Services Oversight and Accountability Commission proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur - densome to affected persons. Changes to the conflict–of–interest code include: modifications or deletions of some position titles, addi- tions of new position titles to the list of designated em- ployees (Appendix A), revisions to improve the clarity and wording of the disclosure categories (Appendix
B) and also makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than September 9, 2024, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than August 23, 2024. The Mental Health Services Oversight and Accountability Commission has determined that the proposed amendments:
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 923 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 Divi- sion 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: Lauren Quintero, MHSOAC 1812 9th Street Sacramento, CA 95811 (916) 605–8179 Lauren.Quintero@mhsoac.ca.gov TITLE 7.
BOARD OF PILOT COMMISSIONERS Notice is hereby given that the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun (Board) proposes to adopt the pro - posed regulations described below after considering all comments, objections, and recommendations re - garding the proposed action. The Board proposes to amend the following sec - tions of the California Code of Regulations, Title 7, Harbors and Navigation, Division 2, State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun: ● § 236.1. Pilot Boat Surcharge.
PUBLIC HEARING The Board has will hold a public hearing if it re - ceives a written request for a public hearing from any interested person, or his or her authorized representa - tive, not later than 15 days before the close of the writ- ten comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments rele - vant to the proposed regulatory action to the Board. Comments may also be submitted by facsimile (FAX) at (415) 397–9463 or by e–mail to bopc@bopc.ca.gov. The written comment period closes at 5:00 p.m. on Friday, September 13, 2024.
The Board will consid - er only comments received at the Board office by that time. Submit comments to: Allen Garfinkle, Executive Director Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun 660 Davis Street San Francisco, CA 94111 AUTHORITY AND REFERENCE Authority: Harbors and Navigation Code (HNC) §§ 1144, 1154, and 1196.5 authorize the Board to adopt these proposed regulations. The proposed regula - tions implement, interpret, and make specific HNC §§ 1159.1, 1194, 1194.1.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing Law and Effect of Proposed Amendments The proposed regulations operationalize HNC §§ 1159.1, 1194, 1194.1. These statutes, which were ad- opted in September 2022, require the Board to update the process for reviewing and approving reimburse - ment requests for costs related to pilot boat acquisi - tion, life–extension, and modification, including de - sign and engineering work.
The proposed regulations expand the Board’s au - thority to approve the use of pilot boat surcharge funds at various stages of the pilot boat development pro - cess, including design, engineering, and construction. In effect, the proposed regulations allow for multiple disbursements tied to project milestones, rather than a single disbursement at the end of the project. The proposed regulations shift the Board’s reim - bursement model from an arrears–based payment sys- tem to a progress–based payment system. Importantly, the proposed regulations address the problem of costs.
Aligning the Board’s review and approval process - es with the complex, phased nature of the pilot boat development process will save time and streamline the overall process. Authorizing the Board to make progress–based payments at the various stages of pi - lot boat development process will reduce the financing burden on the San Francisco Bar Pilots Association, the guarantor of the pilot boat loan, lowering inter - est costs.
The benefit of these lower costs will ex - tend to the Board’s stakeholders and the millions of Californians who rely on goods shipped through the Bays of San Francisco, San Pablo and Suisun. The key elements of the proposed regulations are: ● Elimination of One–Year Validity Period. The proposed regulations eliminate the current one–
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 924 year limitation on the validity of the necessity de- termination. This change better aligns the neces - sity determination period with the pilot boat de - velopment process, which can last two years or more. ● Design and Engineering as Separate Category of Work. The proposed regulations imple - ment and clarify the intent and purpose of HNC §1194(a), specifying that the pilot boat surcharge can fund various types of work, including “pre - liminary design and engineering” activities.
This change designates design and engineering work as a separate category, better aligning the Board’s reimbursement processes with the complex, multi–stage nature of pilot boat development. ● Preliminary and Final Authorizations at Project Stages. The proposed regulations permit preliminary and final authorizations to be sub - mitted to, considered, and approved by the Board at the different stages of the pilot boat develop - ment process. These updates, particularly the in - clusion of the phrase “project stages,” better align the Board’s processes with the phased nature of pilot boat development.
In addition to enabling authorizations at various project stages, the proposed regulations streamline the process by allowing the Board to consider both pre - liminary and final authorizations simultaneously. Anticipated Benefits of the Proposed Regulations The proposed regulations provide significant bene - fits to the Board, its stakeholders, the San Francisco Bar Pilots Association, and all Californians. The ben - efits of this regulatory action include: ● Environmental Benefits.
Enabling the Board to make progress payments at various stages of pilot boat development (e.g., design, engineering, and construction) will enhance efficiency. A stream - lined approval process may expedite construction times, allowing non–compliant pilot boats to be replaced with environmentally friendly vessels more quickly than under the current regulations. ● Equity Benefits. The new pilot boats construct - ed under these regulations will be equipped with the latest marine engine technology, which will significantly reduce the impact of diesel partic - ulate matter (DPM) emissions.
These reduced DPM emissions will benefit Californians living near the waterways traditionally utilized by com- mercial harbor craft. This is particularly benefi - cial for communities that have been historically disadvantaged by pollution. ● Economic Benefits. By reducing the capital that the San Francisco Bar Pilots Association must borrow for new pilot boat development, these reg- ulations will lower (or eliminate) interest charges on financed capital.
These lower costs will be passed on to Board stakeholders and the mil - lions of Californians who rely on goods shipped through the Bays of San Francisco, San Pablo, and Suisun. Determination of Inconsistency/Incompatibility with Existing State Regulations The Board has determined that the proposed amend- ments are not inconsistent or incompatible with exist - ing state regulations or statutes.
After conducting a review for any state regulations that would relate to or affect the sections proposed to be added and amended, the Board has concluded that these are the only state regulations related to pilot boat construction and fund- ing under the jurisdiction of the Board.
DISCLOSURES AND DECLARATIONS REGARDING THE PROPOSED ACTION The Board has made the following determinations: ● Mandate on local agencies and school districts: None. ● Cost or savings to any state agency: None. ● Cost to any local agency or school district: None. ● Cost or savings in federal funding to the state: None. ● The amendments will not have a significant state- wide adverse economic impact directly affecting business, including the ability of California busi - nesses to compete with businesses in other states. ● The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● Other non–discretionary cost or savings imposed upon local agencies: None. ● Housing costs: None. ● Effect on small business: None.
The regulations will have a positive economic impact on the San Francisco Bar Pilots Association, which is not a small business. It is engaged in providing ser - vices in transportation. Its annual gross receipts exceed two million dollars ($2,000,000). It is therefore excluded from the definition of “small business” contained in Government Code
section 11342.610, subdivisions (c) (6) and (c) (7). Results of the Economic Impact Analysis/Assessment The Board has concluded that the proposed regula - tions will not facilitate the creation or elimination of jobs within California. The proposed regulations will not affect the creation or elimination of businesses within California or the expansion of businesses cur - rently doing business within California.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 925 Benefits of the Proposed Action: The proposed regu- lations will benefit the health and welfare of California residents, communities disadvantaged by pollution, and the state’s environment. Additionally, the pro - posed regulations will reduce the cost of capital to the San Francisco Bar Pilots Association. Lower capital costs will reduce the need for future rate increases and provide the Board’s stakeholders with the ability to plan for future financial obligations.
CONSIDERATION OF ALTERNATIVES In accordance with Government Code §11346.5, subdivision (a) (13), the Board must determine that no reasonable alternative it considered or that has other - wise been identified and brought to the attention of the Board 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 implementing the statutory policy or other provisions of law.
The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing, if one is held, or during the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory actions to the Board. Written comments will be accepted by the Board until 5:00 p.m. on September 13, 2024.
Submit comments to: Allen Garfinkle, Executive Director Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun 660 Davis Street, San Francisco, CA 94111 bopc@bopc.ca.gov CONTACT PERSON Inquiries concerning the proposed administrative action may be directed to: Name: Alethea Wong E-mail: bopc@bopc.ca.gov Phone: (415) 397–2253 The backup contact person for these inquiries is: Name: Allen Garfinkle E-mail: bopc@bopc.ca.gov Phone: (415) 397–2253 Please direct requests for copies of the proposed text (Express Terms) of the regulations, the Initial Statement of Reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to Ms.
Alethea Wong at the above address. AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Board has established a rulemaking file for this regulatory action, which contains those items required by law. The file is available for inspection at the above address during normal business hours (9:00 a.m. to 5:00 p.m.). Please contact Althea Wong at the above email address to arrange a date and time to inspect the files.
As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the pro - posed text of the regulations. Copies of these items are available upon request from the Board Contact Person designated in this Notice. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the 48–day public comment pe - riod, the Board may adopt the proposed regulations.
As a result of public comments, either oral or written, that are received by the Board regarding this proposal, the Board may determine that changes to the proposed regulations are appropriate. If the Board makes mod - ifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regula - tions as revised.
The Board will provide notification of any such modifications to all persons whose com - ments were received during the public comment peri - od, all persons whose comments (written or oral) were received at the public hearing (if one is held), and all persons who requested notice of such modifications. Otherwise, please send requests for copies of any modified regulations to the attention of Ms. Wong at the above email address. The Board will accept writ - ten comments on the modified regulations for 15 days after the date on which the modified regulations are made available.
AVAILABILITY OF FINAL STATEMENT OF REASONS The Board is required to prepare a Final Statement of Reasons. Once the Board has prepared a Final Statement of Reasons, a copy will be made available
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 926 to anyone who requests a copy. Requests for copies should be addressed to the Board Contact Person iden- tified in this Notice. BOARD INTERNET WEBSITE The Board maintains an Internet website for the electronic publication and distribution of written ma - terial. Copies of the Notice of Proposed Rulemaking, the Initial Statement of reasons, and the text of the regulations in underline and strikeout can be accessed through the Board’s website at www.bopc.ca.gov. TITLE 10. DEPARTMENT OF REAL ESTATE IMPLEMENTATION OF SB 143
(2023) PORTABILITY OF MILITARY SERVICEMEMBER AND SPOUSE PROFESSIONAL LICENSES
CHAPTER 6, PROPOSED
ARTICLE 7.7, SECTIONS 2759.1 TO 2759.8 The Real Estate Commissioner and the Department of Real Estate (collectively, “DRE”), propose adop - tion of
Article 7.7, Sections 2759.1 to 2759.8 of the Regulations of the Real Estate Commissioner, California Code of Regulations, Title 10,
Chapter 6 (“the Regulations”), after considering all comments, objections and recommendations regarding this pro - posed action. Publication of this notice commences a 45–day public comment period. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or that person’s duly authorized representative, submits a written re - quest for a public hearing to the DRE, at the contact listed below, no later than 15 days prior to the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person, or that person’s authorized representative, may submit written comments rele - vant to this proposed regulatory action to the DRE ad- dressed as follows: Regular Mail Department of Real Estate Attention: Dan Kehew, Sacramento Legal Office 651 Bannon Street, Suite 507 Sacramento, CA 95811 Electronic Mail DRE.RegComments@dre.ca.gov Comments may be submitted until 5:00 p.m., Tuesday, September 10, 2024. AUTHORITY AND REFERENCE
Section 10080 of the Business and Professions Code (“Bus. & Prof. Code”) authorizes DRE to adopt regu - lations that are reasonably necessary for the enforce - ment of the provisions of the Real Estate Law (Bus. & Prof. Code Sections 10000 et seq.) (“the Real Estate Law”). Also,
Section 115.10 of the Bus. & Prof. Code, in subdivision (h), authorized DRE to “develop and publish guidance” on this newly adopted statute. The proposed Sections 2759.1 to 2759.8 of the Regulations implement, interpret and/or make specific
Section 115.10 of the Bus. & Prof. Code (“Section 115.10) ad- opted as
Section 1 of the larger SB 143 (Committee on Budget and Fiscal Review,
Chapter 196, Statutes of 2023). INFORMATIVE DIGEST/ PLAIN ENGLISH OVERVIEW —
SUMMARY OF PROPOSED REGULATION Prior to the passage of SB 143, the licensing pro - cess set out in the Real Estate Law (as well as other California professional licensing laws) applied to ac - tive duty military personnel and their spouses when those individuals sought to practice real estate (as defined in Bus. & Prof. Code
Section 10131 et seq.). Notably, Bus. & Prof. Code
Section 10151.2 ensures priority processing of applications for licensure from military personnel, but the nature of real estate prac - tice — which frequently calls for significant “local knowledge” for a successful practice — made requests for this priority handling of applications a relatively rare circumstance. Once licensed, military service - members and their spouses were held to the same stan- dards and processes as all other licensees. Proposed
Article 7.7 will implement the program authorized by Bus. & Prof. Code
Section 115.10, pur- suant to the regulations authority granted in
Section 115.10(
h) and DRE’s broader rulemaking authority in
Section 10080. The newly adopted
Section 115.10 empowers DRE and the boards and bureaus with - in the Department of Consumer Affairs to “register” military servicemembers and their spouses who hold
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 927 “similar” professional licenses in other jurisdictions. 1 This registration enables these servicemembers and spouses to act (and, if necessary, face discipline) as licensees of the registering licensing body. This proposal addresses the details needed for DRE to effectively implement the new program. The eight proposed sections within the proposed
article will: ■ O ffer
definitions for words and terms used within the article. ■ C larify for prospective applicants and DRE staff the standard for “similar licenses” (as that term is used in Bus. & Prof. Code
Section 115.10) that are eligible for registration through this program. ■ S et out the requirements and process through which an applicant may register through this program. ■ S et out the resulting registration actions that DRE will undertake upon successful registration. ■ C larify the information that all applicable laws require DRE to post to its website upon success - ful registration. ■ R equire the registrant to notify DRE upon oc - currence of specific events that impact the regis - trant’s eligibility to act as a licensee in California. ■ C larify the terms under which a registrant must remain in compliance with the continuing edu- cation requirements of DRE’s licensing law, pur- suant to the terms of Bus. & Prof.
Code
Section 115.10. ■ E stablish a petition process for temporary exten - sion of registration, as necessitated by the nature of the regulated industry and common events that may impact registrants’ qualification for the reg - istration program. Anticipated Benefits of the Proposed Regulation Underlying both the federal and state legislation that prompts this proposal is the intent of those legis - lative bodies to minimize the licensing burden on ac - tive duty servicemembers and their spouses when mil- itary orders impose transfers between states and juris- dictions.
Prior to this law, a servicemember or spouse with a real estate license in good standing from anoth- er jurisdiction would need to qualify, apply for, and pay for a DRE–issued California real estate license prior to conducting real estate business in California. Now, these individuals with appropriate qualifications may register their existing, similar license with DRE 1 This portion of SB 143 is the State of California’s response to similar language in recent federal legislation, the “Veterans Auto and Education Improvement Act of 2022,” H.R. 7939.
That bill included the “Military Spouse Licensing Relief Act of 2021,” pur- porting to mandate a form of license reciprocity between States and other U.S. jurisdictions. This regulation proposal only ad - dresses the California statute that authorizes DRE to participate in this limited reciprocity. and enter California’s real estate industry without ad - ditional process or cost. This proposal implements and makes specific the provisions of Bus. & Prof. Code
Section 115.10 with regard to DRE’s license program. The proposal pro - vides out–of–state licensees with the standard for de - termining whether their license is “similar” to a DRE license (given the present lack of standardization be - tween differing states’ licenses) and to understand what information is needed to register. Registrants will understand what information will be posted to DRE’s website.
The proposal imposes specific notice requirements on registrants to ensure that DRE is kept up to date on events that may impact a registrant’s qualifications for registration, protecting the public from registrants who no longer qualify. Because the underlying statute provides that the DRE license pro - gram’s continuing education requirements will apply to registrants, the proposal clarifies how these require- ments apply. Finally, the proposal includes an allowance for reg - istrants to petition for a temporary extension of their registration.
The plain language of the statute appears to cut off the qualification for registration when the servicemember’s stationing in California ends, but (1) given the possible abrupt nature of such changes to or- ders or service status, and (2) the longer–term nature of a real estate licensee’s business relationship and re- sponsibilities to their clients, an allowance must be es- tablished to ensure that registrants may either com - plete their existing licensed business in California or apply for, and receive, a full DRE–issued real estate license.
This allowance serves to protect the financial interests of the clients served by registrants. Consistency and Compatibility with Existing Regulations As noted above, there are no prior statutory require- ments that parallel the laws implemented by this pro - posal, and correspondingly there are no existing state regulations on this topic. DRE also evaluated its exist- ing regulations pertinent to its applicants and licensees and (as described in the Initial Statement of Reasons) harmonized these proposed standards with current regulations.
Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION DRE has made the following determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 928 Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: DRE 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 di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None.
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The DRE concludes that it is: (1) unlikely that this regulation proposal (“proposal”) will eliminate any jobs for real estate licensees or associated professions; (2) unlikely that this proposal will create jobs; (3) un - likely that this proposal will create new businesses of any sort; (4) unlikely that this proposal will eliminate any existing businesses; (5) unlikely that this propos - al will result in the expansion of businesses currently doing business in the state; (6) will benefit the health and welfare of California residents by ensuring that registrants are qualified to act in the same capacity as real estate licensees; and (7) is not expected that this proposal will affect worker safety or the state’s environment.
SMALL BUSINESS DETERMINATION The DRE has determined that there will be very minimal fiscal impact on small businesses resulting from this regulation proposal. Aside from incidental, de minimus cost of providing required notifications to DRE as needed, applicants and registrants under Bus. & Prof. Code
Section 115.10 will incur no expenses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a) (13), the DRE must determine that no reasonable alternative considered, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which this regulatory action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
DRE invites interested persons to present statements or arguments with respect to alternatives to the pro - posed regulation during the written comment period. CONTACT PERSON Inquiries concerning this action may be directed to Dan Kehew at (916) 737–4391, or via email at DRE. RegComments@dre.ca.gov. The backup contact per - son is Stephen Lerner at (916) 737–4293.
AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE DRE will have the entire rulemaking file available for inspection and copying throughout the rulemak - ing process at its headquarters office: 651 Bannon Street, Suite 507, Sacramento, California. 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 Form 400 under which the package was sub - mitted to the Office of Administrative Law for pub - lication.
Copies may be obtained by contacting Dan Kehew at the mailing address and email address listed on the first page of this notice. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, DRE may adopt the proposed regulations substantially as described in this notice. If DRE makes modifications that are sufficiently related to the origi - nally proposed text, DRE will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before DRE adopts the regu- lation as revised. A request for a copy of any modified regulation(
s) should be addressed to the contact person designated above. DRE will accept written comments on the modified regulation for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be ac - cessed on the website listed below.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 929 AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice, the initial statement of reasons, and the text of the regulations in underline and strike - out can be accessed through DRE’s website at www. dre.ca.gov. TITLE 10. CALIFORNIA HOPE, OPPORTUNITY, PERSEVERANCE, AND EMPOWERMENT (HOPE) FOR CHILDREN TRUST ACCOUNT PROGRAM PROPOSAL TO ADD
CHAPTER 16, SECTIONS 10500 TO 10509 NOTICE IS HEREBY GIVEN that The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Board (HOPE), organized and operating pursuant to encoded
Chapter 16.1 of the Welfare and Institutions Code (Sections 18997.5 to 18997.55), proposes to adopt the proposed regulations described below after considering all com- ments, objections, and recommendations regarding the proposed action. Any person interested may pres - ent statements or arguments relevant to the proposed action to the attention of the Contact Person as listed in this Notice no later than September 9, 2024.
HOPE, upon its own motion or at the instance of any interest- ed party, may thereafter adopt the proposal substan - tially as described below or may modify such propos - als if such modifications are sufficiently related to the original text. With the exception of technical or gram- matical changes, the full text of any modified propos - al will be available for 15 days prior to its adoption from the person(
s) designated in this notice as Contact Person and will be mailed to those persons who sub - mit comments related to this proposal or who have re- quired notification of any changes to the proposal. PROPOSED REGULATORY ACTION HOPE proposes to adopt new regulations in Title 10,
Chapter 16, sections 10500–10509, of the California Code of Regulations concerning California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program (HOPE Program). The regulations implement HOPE’s re - sponsibilities and other details related to the HOPE Program. AUTHORITY AND REFERENCE Authority: Welfare and Institutions Code (“WIC”)
Section 18997.52(
h) provides that the Board of Directors of the HOPE Program “may adopt regula - tions to implement this
chapter consistent with the Administrative Procedure Act (Chapter 3.5 (com - mencing with
Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code).” INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (AB 156, “the HOPE Act”) is a new law that became effective September 27, 2022, and is en - coded
Chapter 16.1 of the Welfare and Institutions Code (Sections 18997.5 to 18997.55). The HOPE Act, established within the Office of the State Treasurer, comprised of a one–time budget appropriation of $100 million plus an expected $15 million in ongoing annu- al appropriations, to provide each eligible child with their own economic asset: an account that is held in trust by the state that will receive annual deposits from the Fund.
The broad objective of the regulations is to provide details about the HOPE Program to the general pub - lic and to ensure HOPE beneficiaries and participants have opportunities to engage with the program. The specific benefits anticipated from the regulations are increased participation in the program. Furthermore, the proposed regulations will set forth
definitions; establish eligibility and enrollment re - quirements; set forth requirements for deposits, dis - bursements, an online eligibility portal, data collec - tion, privacy, and confidentiality; and offer financial education and money management training services. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompatible with existing state regulations.
OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applicable to HOPE or to any specific regulation or class of reg -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 930 ulations pursuant to
Section Welfare and Institutions Code (Sections 18997.5 to 18997.55), pertaining to the proposed regulations or HOPE. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS HOPE has determined that the regulations do not impose a mandate on local agencies or school districts. FISCAL IMPACT HOPE has determined that the regulations do not impose any additional cost or savings to any state agency, any costs to any local agency or school dis - trict requiring reimbursement or any other non– discretionary cost or savings to any local agency, or any cost or savings in federal funding to the State.
The regulations will not have any effect on housing costs. INITIAL DETERMINATION REGARDING ANY SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS HOPE has made an initial determination that the regulations will not have any significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. EFFECT ON SMALL BUSINESSES HOPE has determined that the adoption of the reg - ulations will not affect small businesses. Small busi - nesses will not be enrolled in the program.
As such, they will not be impacted by the proposed regulations. Cost Impacts on Private Persons and Business HOPE is not aware of any cost impacts that a repre- sentative private person or business would necessari - ly incur in reasonable compliance with the proposed action. RESULTS OF THE ECONOMIC IMPACT A NA LYSIS/ASSESSM ENT: ASSESSMENT OF EFFECT ON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Adoption of these regulations will not: (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California.
Adoption of these regulations will have a limited effect on the expansion of businesses currently doing business within California. ASSESSMENT OF BENEFITS ON HEALTH AND WELFARE OF CALIFORNIA RESIDENTS, WORKER SAFETY, AND THE STATE’S ENVIRONMENT Adoption of these regulations will not provide ben - efits or impact on the health and welfare of California residents, worker safety, or the state’s environment.
As stated above, the benefits to the health and welfare of California residents include increased participation in the program, as well as ultimately creating a path to economic empowerment for underserved children. By empowering young people with economic autonomy, HOPE anticipates increased revenue in local economy and financial wealth building. REASONABLE ALTERNATIVES In accordance with Government Code
Section 11346.5(a) (13), HOPE must determine that no reason- able alternative to the regulations considered by HOPE or that has otherwise been identified and brought to the attention of HOPE would be more effective in carry - ing out the purpose for which the regulations are pro - posed, or would be as effective and less burdensome to affected private persons than the regulations, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
HOPE invites interested persons to present state - ments with respect to alternatives to the regulations during the written comment period.
AGENCY CONTACT PERSONS Written comments, inquiries, and any questions re - garding the substance of the regulations shall be sub - mitted or directed to: Rebekah Aguirre Program Manager HOPE Board 901 P Street, Suite 411–B Sacramento, CA 95814 HopeForChildren@treasurer.ca.gov 279–231–1591 The following person is designated as a backup con- tact person for inquiries only regarding the regulations: Kasey O’Connor Executive Director HOPE Board 901 P Street, Suite 411–B Sacramento, CA 95814 Kasey.O’Connor@treasurer.ca.gov (916) 651–0549
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 931 AVAILABILITY OF INITIAL STATEMENT OF REASONS, FINAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS Pursuant to the California Government Code, HOPE has established a rulemaking file for this reg - ulatory action, which contains those items required by law. The file is available for inspection at HOPE’s office at 901 P Street, Room 411–B, Sacramento, California, during normal business hours.
As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the proposed text of the regulations. Copies of these items are available upon request, from the Agency Contact Person designated in this Notice. The Sacramento address will also be the location for inspection of the rulemaking file and any other public records, including reports, documen - tation and other materials related to this proposed reg- ulatory action.
In addition, the rulemaking file, includ- ing the Notice of Proposed Action, Initial Statement of Reasons, and the proposed text, may be viewed on HOPE’s website at https://www.treasurer.ca.gov/hope/. PUBLIC HEARING No public hearing regarding the regulations has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to
Section 11346.8 of the Government Code, to HOPE at least 15 days before the end of the written comment peri - od. Such a request should be addressed to the Agency Contact Person identified in this Notice and should specify the regulations for which the hearing is being requested. FINAL STATEMENT OF REASONS When prepared, the Final Statement of Reasons will be made available through the Contact Person listed above. TITLE 14.
DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM REGULATIONS NOTICE IS HEREBY GIVEN the California Department of Parks and Recreation (Department) proposes to amend the regulations and documents in - corporated by reference described below after consid- ering all comments, objections, and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Department proposes to amend the regula - tions in the California Code of Regulations, Title 14, Division 3,
Chapter 15, Articles 1 through 5 (CCR), Sections 4970.01, 4970.03, 4970.05, 4970.06, 4970.07, 4970.08, 4970.09, 4970.10, 4970.11 4970.14, 4970.17, 4970.19, 4970.20, 4970.23, 4970.24, 4970.25, Grants and Cooperative Agreements Program — Appendix (Appendix) and adopt CCR Sections 4970.19.2.1 and 4970.19.2.2 pertaining to the Off–Highway Motor Vehicle Recreation Division (OHMVR Division) Grants and Cooperative Agreements Program (Program). PUBLIC HEARING No public hearing on the proposed regulations is scheduled; however, if any interested person requests, no later than 15 days prior to the close of the written comment period, that a hearing be held on these reg - ulations, the Department will
schedule a hearing. A hearing may be requested by making such a request in writing addressed to the individuals listed under “Contact Person” in this Notice. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relative to the proposed rulemaking to the Department. The writ- ten comment period ends on September 9, 2024. The Department will consider only written comments re - ceived at the Department’s office by that time.
Written comments may be mailed to the following address: California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division Attention: Madeline Adams, Compliance Officer P.O. Box 942896 Sacramento, CA 94296–0001 Written comments delivered by email will also be accepted by the Department. Written comments may be submitted by email to OHV.Grants@parks.ca.gov. Electronic mail transmission must be completed by the deadline given above. AUTHORITY AND REFERENCE Authority Citation: The proposed amendments are authorized by Public Resources Code (PRC) Sections 5001.5 and 5003.
Reference Citation: The particular code sections implemented, interpreted, or made specific by these
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 932 proposed amendments are PRC Sections 5020.1(j), 5024.1, 5090.01 through 5090.65 and 21000 et seq.; Vehicle Code Sections 38001 and 38006; Education Code Sections 210.3 and 66010.4; 25 CFR
Section 83.5(a); 40 CFR
part 1500.1 et seq.; U.S. IRC
Section 501(c) (3); USC Title 42,
Section 4371. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Existing Laws and Regulations PRC
Section 5090.01 et seq., also known as the Off– Highway Motor Vehicle Recreation Act of 2003, gov- erns the OHMVR Division’s Grants and Cooperative Agreements and ensures appropriate resource man - agement and maintenance in areas of off–highway ve- hicle (OHV) use. The Program is administered by the OHMVR Division within the Department.
The Program al - lows the State to assist eligible agencies and organiza- tions to develop, maintain, expand and manage high– quality OHV Recreation areas, roads, trails, and oth - er Facilities, while responsibly maintaining the wild - life, soils, and habitat in a manner that will sustain long–term OHV Recreation. Assistance is provided in the form of Project–specific Grant funding.
Grants are awarded through a competitive process where Applicants and their Projects are evaluated using ob - jective criteria Effect of the Proposed Rulemaking Generally, the proposed regulatory revisions will eliminate inconsistencies of terms within the regula - tions and make the regulatory language more concise, clear, and consistent by adopting, amending, and re - pealing Program regulations and various documents within the Appendix, incorporated by reference.
Non–Substantive Changes The purpose of the proposed non–substantive changes to the regulations and appendix, include re - numbering of sections, updating document revision dates, updating authority and reference to statute, and grammatical changes such as capitalization and spac - ing. The Division has determined these changes do not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulations provision. Substantive updates to the regulation and appendix are outlined below. Amend CCR
Section 4970.01: The proposed makes the
section language consistent with all sections of the CCR and makes other gram - matical changes; clarifies the meaning of statements within the regulatory language, provides more clear definition of terms used throughout the CCR, and/or makes statements more specific; adopts terminolo - gy for the California Native American Tribe, Major Repairs, Qualified Biological Monitor, Trailer, and Risk Factor
definitions. Amend CCR
Section 4970.03: The purposed amends regulatory language consis - tent throughout the CCR by updating the
section lan - guage and
section table. Amend CCR
Section 4970.05.1: The proposed makes grammatical changes to the
section language; clarifies the meaning of statements within the regulatory language, and/or makes state - ments more specific. Amend CCR
Section 4970.05.2: The Proposed clarifies the meaning of statements within the regulatory language. Amend CCR
Section 4970.06.1 The proposed makes the
section language consistent with all sections of the CCR and makes other gram - matical changes. Amend CCR
Section 4970.07.2: The proposed clarifies the meaning of statements within the regulatory language, and/or makes state - ments more specific by including heavy equipment and trailers as items that can be reviewed to be con - sistent with all potential Project expenditures allowed in regulation Amend CCR
Section 4970.08: The proposed clarifies the meaning of statements within the regulatory language, makes other grammat- ical changes, and/or makes statements more specific by providing examples; move a portion of the regulatory language from 4970.08(10) into a subsection to pro - vide more clarity; adopt subsection 4970.08(b)10(
B) to clarify that materials funded by the Program be made available to the public for free and have no financial gain to those producing said product. Amend CCR
Section 4970.08.1 The proposed amends
section header to include trailers; clarifies the meaning of statements within the regulatory language; removes redundant reference for “regular maintenance”, move a portion of regula - tory language from current 4970.08.1(
e) into a sepa - rate subsection to provide more clarity, adopt sub -
section 4970.08.1(
f) to clarify the process for Tires, Non–Major Repairs and Major Repairs, to increase readability and add clarity that they follow the same processes as Heavy Equipment; amends subsection to allow select agency personnel to perform Non–major repairs; makes statements more specific by providing instructions to the Grantee for repair requests. Amend CCR
Section 4970.08.2 The proposed amends
section title to include Trailers’ amends regulatory language associated with regular maintenance so it can be moved to its own sub- section; amends
section language to ensure that tires
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 933 are eligible for all Grant funded equipment; adopts
section language to allow flexibility with non–major repairs and provides clarity to the Grantee when re - questing Major Repairs. Amend CCR
Section 4970.09: The proposed clarifies the meaning of statements within the regulatory language, and/or makes state - ments more specific by including heavy equipment and trailers as items that are subject to the section. Amend CCR
Section 4970.10 The purposed amends regulatory language consis - tent throughout the CCR by updating the
section table. Amend CCR
Section 4970.10.1 The proposed repeals a
section that has become ir - relevant to the ground operations project type; makes grammatical changes to the
section language. Amend CCR
Section 4970.10.2 The proposed makes the
section language con - sistent across all sections of the CCR; updates the “Development Project Criteria” revised date from (1/22) to (1/25) version date. Amend CCR
Section 4970.10.3 The proposed updates the “Planning Project Criteria” revised date from (1/22) to (1/25) version date. Amend CCR
Section 4970.10.4 The proposed makes the
section language consis - tent with all sections of the CCR and makes other grammatical changes; clarifies the meaning of state - ments within the regulatory language; updates the “Acquisition Project Criteria” revised date from (1/22) to (1/25) version date. Amend CCR
Section 4970.11 The proposed clarifies the meaning of state - ments within the regulatory language; updates the “Restoration Project Criteria” revised date from (1/22) to (1/25) version date. Amend CCR
Section 4970.14.1 The proposed clarifies the meaning of statements within the regulatory language, makes statements more specific and makes other grammatical changes. Amend CCR
Section 4970.14.3 The proposed clarifies the meaning of statements within the regulatory language and makes statements more specific. Amend CCR
Section 4970.17.1 The proposed revise the expiration date of the con - tingency list to allow the Division to fully utilize un - used grant funds during any given grant cycle. Amend CCR
Section 4970.19 The proposed clarifies the meaning of statements within the regulatory language and makes the
section language consistent across all sections of the CCR. Amend CCR
Section 4970.19.2 The proposed moves regulatory language to its own subsection to provide more clarity. Adopt CCR
Section 4970.19.2.1 The proposed adopts regulatory language so Grantees have clear instructions related to making amendments to the Project Description. Adopt CCR
Section 4970.19.2.2 The proposed adopts regulatory language so Grantees have clear instructions related to making amendments to the Project Cost Estimate. Amend CCR
Section 4970.20 The proposed clarifies the meaning of statements within the regulatory language, makes statements more specific, makes the
section language consistent across all sections of the CCR. Amend CCR
Section 4970.23.1 The proposed updates the “Payment Request DPR 364” revised date from (new 2019) to (1/25) version date. Amend CCR
Section 4970.23.2 The proposed clarifies the meaning of statements within the regulatory language and makes statements more specific. Adopts language to include GPS coor - dinates and photos as required documentation for pay- ment requests to create consistency when Grantees re- quest funds. Amend CCR
Section 4970.24.1 The proposed extends the deadline for refunds due to the Division so all agencies have an equal opportu - nity to meet the requirement. Amend CCR
Section 4970.25.1 The proposed extends the deadline for refunds due to the Division so all agencies have an equal opportu - nity to meet the requirement; adopts a table to further clarify the action items and time frame for the grantee that outlines the Division’s audit’s appeal process. Amend CCR
Section 4970.25.2 The proposed extends the deadline for refunds due to the Division so all agencies have an equal opportu - nity to meet the requirement. Amend Grants and Cooperative Agreements Program — Appendix (Rev. 1/22) The proposed updates the Appendix ver - sion, Table of Contents, Payment Request form, Project Accomplishment Reports and adopts a new Reallocation Request form. Comparable Federal Regulations The proposed amendments do not duplicate or con - flict with federal regulations or statutes. Policy Statement Overview and Anticipated Benefits of the Proposed Rulemaking The overall objective of the proposed action is to im- prove the Program’s regulatory language, documents
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 934 incorporated by reference, and ensure public funds are being spent wisely and within the State’s best inter - est in supporting motorized recreation. These propos - als, based on Division experience implementing the Program, will also reduce confusion for Applicants and Grantees and make the regulatory language con - cise, clear, and consistent by adopting, amending, and repealing Program regulations and various documents within the Appendix, incorporated by reference.
Determination of Inconsistency/Incompatibility with Existing Regulations After conducting an evaluation for any regula - tions related to this area, the Department has found that there are no other regulations concerning grants that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, ar - eas, and other facilities associated with the use of off– highway motor vehicles, and programs involving off– highway motor vehicle safety or education.
Therefore, the Department has determined that the proposed reg- ulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE Grants and Cooperative Agreements Program — Appendix (Rev. 1/25). MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on Local Agencies and School Districts: None. Cost to any Local Agency or School District: None. Cost or Savings to any State Agency: None.
Other Non–Discretionary Cost or Savings Imposed of Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Significant Effects on Housing Costs: None. Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California businesses to Compete with businesses in other states: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department finds that jobs, at worst would not be affected, but, mostly likely may see an increase in the creation of jobs.
Additionally, the Department finds that at worst, no new business will be creat - ed and no business will be eliminated; however, the Department finds that it is likely that private business- es may be created and or expanded because of the pro- posed action. This regulatory action benefits the health and wel - fare of California residents by improving the fund - ing method that assists Land Managers and partners to provide recreational opportunities within the State.
This regulatory action also benefits the State’s envi - ronment by improving the funding method that sup - ports resource protection and Restoration activities re- lated to OHV Recreation. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Division 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. BUSINESS REPORTING None. SMALL BUSINESS DETERMINATION The Department has determined there are no cost impacts on small businesses. Program history has shown that small businesses benefit by the Program.
Many of the Grant funds go to entities that utilize small businesses when they purchase goods and ser - vices. The proposed changes will provide a more streamline and efficient program that should boost the ability of small business to capture revenue from the various Grantees. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
Section 11346.5(a) (13), the Department must determine that no reasonable alternative it considered or has other - wise been identified 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 implementing the statutory policy or other provision of law.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 935 The Department invites interested persons to pres - ent statements or arguments with respect to alter - natives to the proposed regulation during the public comment period. CONTACT PERSONS Inquiries concerning the proposed action may be directed to: Madeline Adams, Compliance Officer California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division P.O.
Box 942896 Sacramento, CA 94296–0001 (916) 272– 4166 Madeline.Adams@parks.ca.gov The back–up contact person regarding the pro - posed action is: Joshua Liebscher, Compliance Officer California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division P.O.
Box 942896 Sacramento, CA 94296–0001 (916) 639– 4812 Joshua.Liebscher@parks.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF REASONS, TEXT OF PROPOSED REGULATION, AND RULEMAKING FILE The Department will make the entire rulemaking available for inspection and copying throughout the rulemaking process at its office located at California Department of Parks and Recreation, Off–Highway Motor Vehicle Recreation Division, P.O. Box 942896, Sacramento, CA 94296–0001.
As of the date this Notice of Proposed Rulemaking is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, the express terms of the regulation, the Initial Statement of Reasons, any information upon which the proposed rulemaking is based, and an economic impact assess - ment contained in the Initial Statement of Reasons. Copies may be obtained by contacting the above con - tact person at the above address.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After any public hearings and consideration of all timely and relevant comments received, the Department may adopt the proposed regulations sub - stantially as described in this Notice of Proposed Rulemaking. If the Department makes substantive modifications, which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting Madeline Adams, Compliance Officer at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulation in underline and strikeout is available through the Division Website at www.ohv.parks.ca.gov, under the Grants link. TITLE 16.
BOARD OF PHARMACY PHARMACY TECHNICIAN FEES NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) proposes taking the rulemaking action described below under the head - ing Informative Digest/Policy Statement Overview. Any person interested may present statements or ar - guments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office by Monday, September 9, 2024.
PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hear - ing may be requested by making such request in writ - ing, addressed to the individuals listed under “Contact Person” in this notice.
WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 936 later than Monday, September 9, 2024 , or must be received by the Board at the hearing, should one be scheduled. Authority and Reference : Sections 4005 and 4400, Business and Professions Code (BPC). Reference: Sections 163.5, 4005, 4044.3, 4053, 4053.1, 4110, 4112, 4119.01, 4119.11, 4120, 4127.1, 4127.15, 4127.2, 4128.2, 4129.1, 4129.2, 4129.8, 4130, 4160, 4161, 4180, 4180.5, 4187, 4190, 4196, 4200, 4202, 4202.5, 4203, 4208, 4210, 4304, 4400, 4401, and 4403, BPC.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to regulate the pharmacy industry, including phar - macies, pharmacists, and pharmacy technicians (BPC
section 4000, et seq.). The Board’s mandate and mis - sion are to protect the public (BPC
section 4001.1). BPC
section 4400 establishes the fee
schedule for application, renewal, and other fees for Board appli - cants and licensees. BPC
section 4400 was amended (Senate Bill 816,
Chapter 723, Statutes of 2023), and its revised fee
schedule that will become operative January 1, 2025. This regulatory proposal will amend the existing fee regulation at Title 16, California Code of Regulations (CCR)
section 1749, making specific the pharmacy technician license renewal fee and reducing it from the pre–set fee established in amended BPC
section 4400. This regulatory proposal will also make specific the delinquency fee that will be assessed for failure to renew pharmacy technician licenses. (Concurrently, a separate
Section 100 regulatory proposal will amend this regulation
section to set the other fees at the pre– set levels established in statute.) Anticipated Benefits of the Proposed Regulations: Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and dis - ciplinary functions.
This regulatory proposal bene - fits the health and welfare of California residents by removing a potential barrier to continued pharmacy technician licensure (through a reduced license re - newal fee) while ensuring the Board has sufficient re - sources to maintain its current operations (licensing, regulation, and enforcement activities) and meet its consumer protection mandate. Additionally, this pro - posal makes specific the Board’s pharmacy technician renewal fee and delinquency fee in accordance with the recent recasting of Board fees in amended BPC
section 4400. Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of developing this regulatory proposal, the Board conducted a search of any similar regulations on this topic and concluded that these reg- ulations are neither inconsistent nor incompatible with existing state regulations.
DISCLOSURES REGARDING THIS PROPOSED ACTION Fiscal Impact Estimates: Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board estimates the pro - posed regulations will decrease pharmacy techni - cian renewal license fee revenues by approximately $881,000 per year. While the proposed fee levels will result in reduced revenues, SB 816 also adjusted the Board’s other fees to help eliminate any structural im- balance. As a result, the projected decrease in reve - nues is not anticipated to negatively impact the Board at this time.
Because the Board currently charges the fees in this proposal and/or performs workload associated with pharmacy technician programs and fees, no additional workload and costs are anticipated. The regulations result in one–time information tech- nology (IT) costs of $5,000 to update cashiering and accounting software. Any IT costs will be absorbed within existing resources. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None.
Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None. Business Impact Estimates: The Board has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulatory change establishes the pharmacy technician license renewal fee.
Cost Impact on Representative Private Person or Business: The Board is not aware of any additional cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with proposed action. Individuals renewing their pharmacy technician li - censes will realize a decrease in the renewal fee, pro - viding a positive impact to those individuals. The Board estimates cost (savings) of $30 per phar- macy technician license renewal, $15 per delinquent
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 937 renewal, and up to approximately $881,000 total cost (savings) per year for these individuals. Results of Economic Impact Assessment/Analysis: Impact on Jobs/New Businesses: The Board concludes that this proposal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate existing businesses within California; and, (5) expand businesses currently doing business in the State of California.
Benefits to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: As stated above, the proposed regulations will ben - efit the health and welfare of California residents by reducing financial costs for pharmacy technicians to maintain licensure, as well as maintain the Board’s operations and consumer protection mandates. Business Reporting Requirements: This regulatory action does not require businesses to file a report with the Board.
Effect on Small Business: While the Board does not have, nor does it main - tain, data to determine if any of its licensees (pharma- cies and clinics) are a “small business,” as defined in Government Code
section 11342.610, the Board notes that the proposed regulations may affect small busi - ness. However, the Board does not have, nor does it maintain, data to determine if pharmacies which em - ploy pharmacy technicians are “small business” as de- fined in Government Code
section 11342.610 nor does the Board maintain in its records data to determine if pharmacies which employ pharmacy technicians pay the renewal fees for its employees. Consideration of Alternatives: In accordance with Government Code
section 11346.5(a) (13), the Board must determine that no rea- sonable alternative that it considered to the regulation, or that has otherwise been identified and brought to its attention, would either be more effective in carry - ing out the purpose for which the action is proposed, as effective and less burdensome to affected private persons than the proposal described in this Notice, or more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Board considered not reducing the pharma - cy technician license renewal fee from the pre–set amount of $180 established in BPC
section 4400; how- ever, the Board determined that a reduction in the fees was appropriate to ease the financial burden associat - ed with pharmacy technician license renewal. Any interested person may submit comments rele - vant to the above determinations in writing at the ad - dress listed below for the Contact Person during the written comment period, or at the hearing if one is scheduled or requested.
Availability of Statement of Reasons and Rulemaking File: The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion upon which the proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.
TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/pending_regs. shtml.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request 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 exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the persons designat - ed in this Notice as the Contact Persons and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a writ - ten request to the Contact Person named below or by accessing the website listed below.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 938 Contact Person Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Anne Sodergren Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca.ca.gov The backup contact person is: Name: Julie Ansel Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board of Pharmacy’s website at: https://www.pharmacy.ca.gov/ laws_regs/pending_regs.shtml .
TITLE 22. DEPARTMENT OF PUBLIC HEALTH GENERAL ACUTE CARE HOSPITAL: CLINICAL LABORATORY, DIETETIC AND PHARMACEUTICAL SERVICES DPH–07–01 1 Notice is hereby given that the California Department of Public Health (Department) is propos - ing the regulation described below. This notice of pro- posed rulemaking commences a rulemaking to make the regulations permanent after considering all com - ments, objections, and recommendations regarding the regulation.
PUBLIC PROCEEDINGS The Department is conducting a 45–day written public proceeding during which time any interested person or such person’s duly authorized representative may present statements, arguments or contentions (all of which are hereinafter referred to as comments) rele- vant to the action described in the Informative Digest/ Policy Statement Overview
section of this notice. To request copies of the regulatory proposal in an alternate format, please write or call: Anita Shumaker, Office of Regulations, 1415 L Street Suite 500, Sacramento, CA 95814, at 279–217–0867, email to Anita.Shumaker@cdph.ca.gov or use the California Relay Service by dialing 711. PUBLIC HEARING A public hearing has not been scheduled for this rulemaking. However, the Department will conduct a public hearing if a written request for a public hearing is received from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period, pursuant to Government Code
Section 11346.8. Assistive Services: For individuals with disabilities, the Department will provide assistive services such as conversion of written materials into Braille, large print, audio for - mat, and computer disk. For public hearings, assis - tive services can include sign–language interpre - tation, real–time captioning, note takers, reading, or writing assistance. To request these assistive ser - vices, please call Anita Shumaker at (279) 217–0867 or (California Relay at 711 or 1–800–735–2929), or email Regulations@cdph.ca.gov or write to the Office of Regulations at the address noted above.
Note: The range of assistive services available may be limited if requests are received less than 10 business days prior to public hearing. WRITTEN COMMENT PERIOD Written comments pertaining to this proposal, re - gardless of the method of transmittal, must be re - ceived by Office of Regulations on September 12, 2024, which is hereby designated as the close of the written comment period. Comments received after this date will not be considered timely. Written Comments must be submitted as follows: 1. By e-mail to: regulations@cdph.ca.gov.
It is re - quested that e-mail transmission of comments, particularly those with attachments, contain the regulation package identifier “DPH–07–011 GACH Clinical Laboratory, Dietetic and Pharma- ceutical Services” in the subject line to facilitate timely identification and review of the comment. 2. By fax transmission to: (916) 636–6220. 3. By postal service or hand delivered to: California Department of Public Health, Office of Regula - tions, 1415 L Street, Suite 500, Sacramento, CA 95814.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 939 All comments, including email or fax transmis - sions, should include the regulation package identifi - er, DPH–07–011 GACH Clinical Laboratory, Dietetic and Pharmaceutical Services, along with your name and your mailing address or email address in order for the Department to provide copies of any notices for proposed changes to the regulation text on which ad - ditional comments may be solicited.
AUTHORITY AND REFERENCE The Department’s authority to adopt, amend, or re - peal the hospital regulations is provided in Health and Safety Code (HSC) sections 20, 1254, 1275, and 131200. HSC sections 1254 and 1275 provide the Department the authority to inspect, license, and oversee hospitals. The Department of Health Services (DHS) reorgani - zation created two new departments: the Department of Health Care Services and the Department. HSC
section 20 allocates the former DHS’s function of li - censing and oversight of hospitals to the Department and HSC
section 131200 establishes the Department has the authority to adopt and enforce regulations for the execution of its duties. The Department proposes adding as reference ci - tations HSC sections 131000, 131050, 131051, and 131052 that delineate the Department’s responsibili - ties and authority under the bill that reorganized DHS, the California Public Health Act of 2006. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Proposal The California Department of Public Health (Department) proposes amendments to Title 22 of the California Code of Regulations (Title 22 CCR) Division 5,
Chapter 1 concerning general acute care hospitals (hospitals), specifically the Clinical Laboratory Service (Lab) regulations in sections 70241 through 70249, the Pharmaceutical Service (Pharmacy) regulations in sections 70261 through 70269, the Dietetic Service (Dietary) regulations in sections 70271 through 70279, and the Governing Body (Administration) regulation
section 70701. These regulations, enacted in 1975, contain outdated language and obsolete citations that have the potential to result in confusion among the regulated communi - ty and negatively affect public health outcomes. The Department proposes to update existing regulations to adopt current industry standards and establish pro - cesses to improve health and safety measures, patient care and safety, and to improve public health. Background The Department’s Center for Health Care Quality (CHCQ) is responsible for licensing hospitals pursu - ant to Health and Safety Code (HSC)
section 131050 subdivision (a) (2). Currently there are 419 licensed hospitals in the State of California. HSC sections 1275 and 131200 give the Department the authority to adopt, amend, repeal, and enforce regulations and HSC
section 1254, authorizes the Department to in - spect and license all health facilities, including hos - pitals. The Laboratory Field Service (LFS) examiners enforce the Lab regulations by surveying and investi - gating complaints about laboratories that relate to the performance of patient tests and the accuracy, reliabil- ity, and reporting of patient test–results. The Public Health Pharmaceutical Consultants (PHPCs) enforce Pharmacy regulations by surveying and investigating complaints about the Pharmacy.
The Public Health Nutrition Consultant (PHNC) surveyors enforce the Dietary regulations by surveying and investigating complaints about hospital Dietetic Service. In collabo- ration with LFS examiners, and PHPC and PHNC sur- veyors, CHCQ developed the proposed amendments for the Lab, Pharmacy, and Dietary regulations. The California Legislature has urged the Department to revise these regulations to bring them up to cur - rent industry standards and practices, and to prevent any confusion leading to negative public health out - comes.
Since the promulgation of the regulations in 1975, advances in laboratory science, pharmaceutical practices, dietetics, nutrition, and the practice of med- icine that are not accounted for in existing regulatory language. In 1988, the United States Congress passed the Clinical Laboratory Improvement Amendments (CLIA) to enlist state assistance in establishing qual - ity standards for all clinical laboratories performing tests or examinations on humans in the United States.
Under federal law, all clinical laboratories must be CLIA certified to legally perform tests or examina - tions on human specimens or must be covered by a specific exemption in 42 United States Code
section 263a, and 42 Code of Federal Regulations (CFR) sec- tion 493.513. The Department is amending the Lab regulations to bring them into alignment with the CLIA standards, which are the prevailing standards of laboratory practice. Senate Bill (SB) 493 (Hernandez,
Chapter 469, Statutes of 2013) expanded the scope of practice for interested pharmacists to address the state’s project - ed physician shortage. SB 493 created a new license category, Advanced Practice Pharmacist (APP), with licensed APPs having the authority to conduct some patient assessments, order and interpret tests, and car- ry out other functions previously reserved for physi - cians. APPs often work within hospital treatment de - livery teams. SB 493 also expanded pharmaceutical practice by authorizing any pharmacist who voluntari- ly completes education prerequisites to dispense self–
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 940 administered hormonal contraception, nicotine re - placement products, vaccinations, and prescription drugs that do not require a diagnosis that are recom - mended for international travelers, without a doctor’s prescription when done pursuant to protocols de - veloped by the Medical Board of California and the California State Board of Pharmacy. SB 311 (Hueso,
Chapter 384, Statutes of 2021) ex - panded the Compassionate Use Act of 1996 (Ryan’s Law, an initiative measure) that prohibits certain criminal penalties from being imposed on terminal - ly ill patients and their providers for the use of med - ical cannabis. SB 311 is intended to allow terminal - ly ill patients to use cannabis in specified health care facilities. It adds HSC Division 2,
Chapter 4.9, sec - tions 1649 which require general acute care hospitals (GACH) and certain other health care facilities to al - low a terminally ill patient’s use of medicinal canna - bis when specified requirements are met. Compliance with SB 311 may not be used as a condition of obtain- ing, retaining, or renewing a license as a health care facility. A health care facility may not prohibit canna- bis solely because it is a
Schedule I drug pursuant to the federal Uniform Substances Control Act. Advances in dietetic science and current industry practices have improved the prevention of contrain - dicated interactions between drugs and patient food. Also, since 1975, there are many advances in dietet - ic science and medicine not accounted for in exist - ing regulatory language. Research on how the body absorbs nutrients has led to a new type of treatment, medical nutrition therapy.
Medical nutrition therapy is prescribed as an adjunct treatment to help assist in the primary treatment of diabetes, cardiovascular dis - ease, kidney disease, surgical recovery, certain can - cers, gastro–intestinal disorders, pulmonary disease, and more. In addition to the advances in medicine since the original promulgation of these regulations, the California Public Health Act of 2006 reorganized the State Department of Health Services (DHS) and di - vided its responsibilities between the newly estab - lished Department of Health Care Services and the Department.
This change has yet to be accounted for by existing regulatory text. After the reorganization the Legislature urged the Department to update the hospital regulations to provide clarity to the regulated community. On December 17, 2010, the Department announced pre–notice hearings in the California Regulatory Notice Register, in All Facilities Letter 10–45, and in an online posting regarding amendments to the Lab, Pharmacy and Dietary regulations, and invit - ed interested parties to provide written comments. The Department received comments until the hear - ing on April 12, 2011.
On September 20, 2017, the Department sent an All Facilities Letter (AFL 17–18) to all hospitals soliciting additional stakeholder in - put on the Lab regulations via a survey. On August 15, 2019, the Department issued All Facilities Letter 19–27 announcing a stakeholder engagement meet - ing. Written comments were also accepted. The meet- ing was held on August 30, 2019, with attendance in– person and through online conferencing.
Additionally, in 2018 and 2019, while producing the fiscal economic analysis for this regulatory package, the Department asked industry stakeholders about key parts of the proposed changes and invited hospital officials to complete a survey on current practices and estimat - ed costs of complying with proposed changes to the regulations. The Department has carefully considered all comments and survey responses when drafting the proposed amendments.
Problem Statement Governing Body and Clinical Laboratory, Pharmaceutical, and Dietetic Services regulations are outdated, requiring amendments to avoid confusion to the regulated community and to preserve and protect the health and safety of patients.
Objectives (Goals) of the Regulation ● Update citations to state and federal statutes and regulations to protect public health and safety; ● Incorporate Centers for Medicare and Medicaid Services (CMS) guidelines and current industry standards; and ● Require each service to implement and main - tain a Quality Assessment and Performance Improvement (QAPI) program as defined in fed - eral regulations that gets integrated into the hos - pital wide QAPI program.
Anticipated Benefits Anticipated benefits from amending the Governing Body and Clinical Laboratory, Pharmaceutical, and Dietetic Services regulations as a part of this proposed regulatory action are: ● Elimination of confusion among the regulated community; ● Alignment of state regulations with CMS guide - lines and current industry standards; ● Adoption of a definition of a QAPI program; ● Adopt service–specific QAPI programs integrat - ed into the hospital–wide QAPI program; and ● Improvements in patient care and health out - comes for the people of California.
Evaluation as to Whether the Proposed Regulations Are Inconsistent or Incompatible with Existing State and Federal Regulations The Department has determined that this proposed regulatory action is not inconsistent or incompatible with existing regulations. After conducting a review
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 941 for any regulations that would relate to or affect gener- al acute care hospitals, the Department has concluded that no known statute or regulation conflicts with this proposed regulatory action. FORMS INCORPORATED BY REFERENCE The following documents are incorporated by refer- ence into the proposed amendments to the regulations: ● Institute of Medicine, Dietary Reference Intakes: The Essential Guide to Nutrient Requirements (2006). This is a statutory requirement under 42 Code of Federal Regulations
part 482.28(b) (1). ● Caroline Steele and Emily Collins, Infant and Pediatric Feedings: Guidelines for Preparation of Human Milk and Formula in Health Care Facilities, 3 rd Ed. (2018). Pediatric Nutrition Practice Group. ● National Sanitation Foundation International (March 2017). NSF 3–2017, Commercial Warewashing Equipment. P.O. Box 130140, 789 N Dixboro Road, Ann Arbor, MI 48105. MANDATED BY FEDERAL LAW OR REGULATIONS This proposed regulation does not substantially differ or conflict with existing federal regulations or statutes. OTHER STATUTORY REQUIREMENTS There are no other statutory requirements.
LOCAL MANDATE The Department has determined that this regulation action would not impose a mandate on local agencies or school districts. FISCAL IMPACT ESTIMATES Cost to any local agencies or school districts that must be reimbursed pursuant to
Section 17561 of Government Code: The Department has determined that there will be no such costs to any local agency or school district. The cost or savings to any state agency The Department does not anticipate an increase in enforcement costs, staff, or budget as a result of the proposed regulations. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: The direct, local government impact of the proposed regulations is the cost and cost savings to local hospi - tals. Twenty–four hospitals are city or county hospi - tals.
The average net patient revenue (NPR) for all city and county hospitals is over $283 million. In aggre - gate, local hospital experience $705 thousand in one– time costs and $112 thousand in ongoing gross costs. Local hospitals also experience $167 thousand in on - going gross savings. Cost or Savings in Federal Funding to the State: The Department has determined that the regulations will not affect federal funding. HOUSING COSTS The Department has determined that the regulations will not affect housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The Department has made an initial determination that these regulations would not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The Department estimates that the economic impact of this regulation (which includes the fiscal impact) is between $11.3 million and $28.3 million dollars. 419 general acute care hospitals will be impacted. 9.4% of the hospitals are small businesses.
No businesses will be created or eliminated. Regulatory costs will be ex - tremely small compared to net patient revenue. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The Department has made an initial determination that these regulations would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. The proposed regulations would not significantly affect: 1. The creation or elimination of jobs within the State of California.
The proposed amendments clarify and specify existing standards of clini - cal laboratory, pharmacy, and nutrition and di - etetics practice, and require the implementation and maintenance of a QAPI process. Hospitals that receive Medicare and Medicaid (Medi–Cal, in California) funds are already required to fol - low CMS and existing standards of practice and to implement and maintain a hospital–wide QAPI process. The proposal may create up to five jobs and does not eliminate any jobs within the State of California. “The proposed regulatory changes will have minimal impact on statewide employ -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 942 ment. We used IMPLAN to estimate the impact of a recurring $900 thousand increase in Califor - nia household income, due to reduced health in - surance premiums, on employment in the state. When household spending increases, demand for goods and services increases, compelling em - ployers to hire more workers. Overall, annual employment rises by about 5 workers. The sec - tors most likely to hire additional workers are full and limited–service restaurants, real estate, hos - pitals, and individual and family services, as de - fined by IMPLAN.
The annual increase in labor income is estimated to be $346 thousand. How - ever, these estimates are likely an upper bound of the net effects of proposed regulations due to an offsetting reduction in hospital payroll and reduc- tion in worker take–home pay.” 2. Creation of new businesses or the elimination of existing businesses within the State of Cali - fornia. For the reasons stated above, the propos - al is not anticipated to have any impact upon the creation or elimination of new businesses within the State of California. 3.
The expansion of businesses currently doing business within the State of California. This proposal does not create the need for expansion of businesses currently doing business within the State of California. 4. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. By updating and clarifying the existing hospital Lab, Pharmacy, and Dietary regulations, the proposed amend - ments are anticipated to resolve issues observed by LFS examiners and PHPC and PHNC sur - veyors that have the potential to compromise pa - tient safety.
By bringing the current regulations up to CMS and existing industry standards that encompass the latest advances in laboratory sci - ence, pharmacy practice and nutrition and dietet - ics, the Department anticipates that this regula - tory proposal will improve patient care, worker safety, and reporting and accountability activities in California’s hospitals. The proposed amend - ments are not anticipated to contribute negatively to the state’s environment as they do not relate to environmental or natural resource issues.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORTING REQUIREMENTS There are no business reporting requirements. EFFECT ON SMALL BUSINESS The Department has determined that these pro - posed regulations will affect 39 small hospitals. None of these hospitals will be eliminated. The Department estimates that the weighted average initial cost per small hospital is $940.
As a percentage of NPR to - tal average one–time costs per hospital represent 0.10 percent for the Type 1 hospital and 0.05 percent for the Type 2 hospital. SPECIFIC TECHNOLOGIES OR EQUIPMENT The proposed amendments to the Lab regulations do not mandate the use of any specific technologies or equipment. Any specific technologies or equipment required in the AABB Standards are pre–existing statutory mandates, effective since 1993 for HSC sec- tion 1602.6, and since 1999 for HSC sections 1602.5.
The proposed amendments to the Dietary regula - tions do not mandate the immediate use of a three– compartment sink for manual cleaning and sanitizing, for sinks in use before December 31, 2007, as service areas are remodeled, or a new hospital is built. Use of a three–compartment sink is the existing industry standard, required by statute for retail food establish - ments since 2007 (CRFC — HSC
section 114099(a)), and necessary to protect patient health. The proposed amendments do not mandate the im - mediate use of hot water sanitizing sinks that are de - signed to have an integral heating device capable of maintaining water at a temperature of not less than 77 degrees C (171 degrees
F) and are provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water. Instead, this require - ment is imposed as sinks used for hot water sanitizing are replaced after December 31, 2007. Requiring sinks used for hot water sanitization to have an integral heat- ing device and a rack or basket to allow complete im - mersion is an industry standard, placed in statute for retail food establishments in 2018 (CRFC — HSC sec- tion 114099.4), and necessary to protect patient health.
The proposed amendments do not mandate the use of any one of the four acceptable methods of chemi - cal sanitizing for manual washing that may be used as an alternative to the hot water immersion method. The existing regulations allow for “immersion in wa - ter containing bactericidal chemical as approved by the department,” and the four methods in the proposed amendments are the existing Department–approved
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 943 methods of chemical sanitizing for manual washing and sanitizing. The proposed amendments do not impose a new mandate to use of any one of four acceptable meth - ods of chemical sanitizing for mechanical sanitiza - tion. The existing regulations mandated the mechani - cal washing and sanitization produce results “equal to those obtained by the methods outlined” for manual washing and sanitizing. The four methods in the pro - posed amendments are existing industry standards the Department presently enforces in surveys.
CONSIDERATION OF ALTERNATIVES The Department must determine that no reason - able alternative considered by the Department, or otherwise identified and brought to the attention of the Department, would be more effective in carrying out the purpose for which the action is proposed, or as effective and less burdensome to affected private persons than the proposed regulatory action (amend - ments), or more cost–effective to affected private per- sons and equally effective to protect patients’ and workers’ safety and health.
CONTACT PERSON Inquiries regarding the substance of the proposed regulations described in this notice may be directed to Sultana Blair of the Center for Health Care Quality, at sultana.blair@cdph.ca.gov. All other inquiries concerning the action described in this notice may be directed to Anita Shumaker, Anita.Shumaker@cdph.ca.gov, Office of Regulations, at (279) 217–0867, or to the designated backup contact person, Linda Cortez, Linda.Cortez@cdph.ca.gov at (279) 217– 0681. In any inquiries or written comments, please identify the action by using the Department regu - lation package identifier, DPH–07–011.
A V AILABILITY STATEMENTS The Department has prepared and has available for public review an initial statement of reasons for the proposed regulations, all the information upon which the proposed regulations are based, and the text of the proposed regulations. The Office of Regulations, 1415 L Street, Suite 500, Sacramento, CA 95814, will be the custodian of public records, including reports, docu - mentation, and other material related to the proposed regulations (rulemaking file).
In order to request that a copy of this public notice, the regulation text, and the initial statement of reasons or alternate formats for these documents be mailed to you, please call Anita Shumaker 279–217–0867, (or the California Relay Service at 711), send an email to regulations@cdph.ca.gov, or write to the Office of Regulations at the address previously noted. Upon specific request, these documents will be made avail - able in Braille, large print, audio format, or computer disk.
The full text of any regulation which is changed or modified from the express terms of the proposed ac - tion will be made available by the Department’s Office of Regulations at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation. Final Statement of Reasons A copy of the final statement of reasons (when pre - pared) will be available upon request from the Office of Regulations.
INTERNET ACCESS Materials regarding the action described in this no - tice (including this public notice, the text of the pro - posed regulations, and the initial statement of reasons) that are available via the Internet may be accessed at www.cdph.ca.gov by clicking on these links, in the following order: I am Looking For: Administrative, Proposed Regulations, Current Regulatory Proposals. TITLE 24.
BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT (DSA–AC) REGARDING THE 2025 CALIFORNIA BUILDING CODE & 2025 CALIFORNIA EXISTING BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PART 2 & 10 (DSA–AC 01–24) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA–AC) proposes to adopt, approve, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,
Part 2 & 10. The DSA–AC is propos- ing building standards related to 2025 CALIFORNIA BUILDING CODE & 2025 CALIFORNIA EXISTING BUILDING CODE.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 944 PUBLIC COMMENT PERIOD Reference: Government Code Sections 11346.5(a) (1), 11346.5(a) (15) and 11346.5(a) (17). A public hearing has not been scheduled; howev - er, written comments will be accepted from July 26, 2024, until midnight on September 9, 2024.
Comments may be submitted to CBSC via: E-mail: cbsc@dgs.ca.gov US Mail postmarked no later than September 9, 2024: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held.
The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code
Section 11346.5(a) (18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly in - dicated, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15–day period.
NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code
Section 11346.5(a) (2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code
Section 18949.1. The purpose of these building standards is to im - plement, interpret, or make specific the provisions of Government Code Sections 4450 through 4452, 4456, 4457, 4459, 12955.1 and 14679, Health and Safety Code Sections 19955 through 19959 and Vehicle Code
Section 22511.8. The Division of the State Architect is proposing this regulatory action based on Government Code Sections 4450 and 12955.1(c). INFORMATIVE DIGEST Reference: Government Code
Section 11346.5(a)
(3) Summary of Existing Laws Government Code
Section 4450 authorizes the State Architect to develop regulations for making buildings, structures, sidewalks, curbs, and relat - ed facilities accessible to and usable by persons with disabilities. Government Code
Section 4451 limi ts th e app li- cation to buildings and facilities intended for use by the public, with reasonable availability to persons with disabilities, including educational facilities and in - cluding those buildings and facilities constructed with state, county, or municipal funds, including any politi- cal subdivision thereof. Includes temporary and emer- gency construction. Government Code
Section 4452 states that it is the intent of the Legislature that the building standards re- lating to disabled access are intended to be used as minimum requirements to ensure that buildings and facilities are accessible to, and functional for, disabled persons. Government Code
Section 4456 establishes that buildings and facilities constructed prior to Nov. 13, 1968 must comply with accessibility provisions when undertaking an alteration, structural repair, or addition. Government Code
Section 4457 requires that portable school buildings be accessible, with some exceptions. Government Code
Section 4459 directs the State Architect to develop amendments to building regula - tions to meet, but not exceed, state regulations effec - tive prior to 2001 and to meet minimum federal ac - cessibility standards adopted by the Department of Justice. Government Code
Section 12955.1 requires that building standards for public housing must meet min - imum requirements of this
section and meet or exceed the requirements of the federal Fair Housing Act and implementing regulations; and gives the Division of the State Architect authority to propose regulations as deemed appropriate and necessary to implement, interpret, or make specific the provisions contained therein.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 945 Government Code
Section 14679 requires the State Architect to develop regulations for parking fa - cility accessibility. Health and Safety Code
Section 18949.1 transfers the responsibilities of DSA to adopt regulations relat - ing to building standards, to the California Building Standards Commission. Health and Safety Code
Section 19955 requires certain public accommodations and facilities be ac - cessible to persons with disabilities. Health and Safety Code
Section 19956.5 requires that public walks and curbs be accessible. Health and Safety Code
Section 19957 provides exceptions from the literal building standards in the cases of unnecessary hardship or technical difficul - ty and sets enforcement and equivalent facilitation standards. Health and Safety Code
Section 19958 provides authority for enforcement of building regulations. Health and Safety Code
Section 19959 requires existing public accommodations to provide accessible features when alterations, structural repairs, or addi - tions are undertaken. Vehicle Code
Section 22511.8 requires off street parking facilities to provide accessible parking and di- rects the State Architect to develop appropriate regu - lations to ensure compliance.
Summary of Existing Regulations Existing regulations promulgated by DSA–AC are contained in the California Building Code (Title 24,
Part 2). These regulations are applicable to: 1. Publicly funded buildings, structures, sidewalks, curbs and related facilities; 2. Privately funded public accommodations and commercial facilities; 3. Public housing and private housing available for public use; 4. Any portable buildings leased or owned by a school district; and 5. Temporary and emergency buildings and facilities.
Summary of Effect The proposed action would amend the CCR, Title 24,
Part 2 by: ● Changing the language to the term “bathroom(s)” in the definition of multi–bedroom housing unit. ● Correcting
section references in site impracticali- ty tests applied to residential units with adaptable features in public housing. ● Removing duplicative scoping language for toi - let rooms and bathing rooms within transient lodging guest rooms that are not required to be accessible. ● Clarifying scoping and technical requirements for transient lodging facilities and housing at a place of education. ● Clarifying scoping exceptions for electric vehicle charging stations (EVCS). ● Adding technical
section references to scoping of public housing facilities. ● Adding information to clarify the applicability of additional requirements under site impracticality. ● Clarifying technical requirements for detectable warning surfaces at blended transitions. ● Clarifying technical requirements to public hous- ing for door signal devices, and washing ma - chines and clothes dryers in alignment with ex - isting California Regulations. ● Adding requirements for viewing devices at pri - mary entrances to public housing units, when provided. ● Clarifying language for interior doors within res- idential dwelling units with adaptable features. ● Changing reference to bathrooms for technical
section in residential dwelling units with adapt - able features. ● Amending language for shower size and clear floor space at showers in residential dwelling units with adaptable features. ● Adding technical language for overlap of clear floor space at dining surfaces. ● Changing existing reference to Chapters 11A and 11B in raised deck systems egress and accessibil- ity in
Chapter 15. ● Clarifying technical requirements for personal lift devices in transient lodging facilities. The proposed action would amend the CCR, Title 24,
Part 10 by: ● Removing unadopted, duplicative language and an incorrect referenced standard in the California Existing Building Code (CEBC). Comparable Federal Statute or Regulations Comparable federal statues and regulations include: ● Regulations for Title II and Title III of the Americans with Disabilities Act of 1990, as ad - opted by the US Department of Justice. The reg - ulations provide enforceable standards for acces - sible design, known as the 2010 ADA Standards for Accessible Design, in three parts. 1. 2010 Standards for State and Local Govern- ment Facilities: Title II Regulations at 28 CFR
Part 35.151; 2. 2010 Standards for Public Accommodations and Commercial Facilities: Title III Regula- tions at 28 CFR
Part 36, Subpart D; and
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 30–Z 946 3. 2010 Standards for Title II and III Facilities: 2004 ADAAG ● Fair Housing Amendments Act of 1988.
Policy Statement Overview The proposed building standards are intended to implement new accessibility provisions and clarify existing accessibility provisions contained in the 2025 California Building Code to ensure that publicly fund- ed buildings, structures, sidewalks, curbs, and related facilities shall be accessible to and usable by persons with disabilities; privately funded public accommo - dations and commercial facilities shall be accessible to and usable by persons with disabilities; and public housing shall be accessible to and usable by persons with disabilities.
Evaluation of Consistency There are no inconsistent or incompatible regula - tions proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code
Section 11346.5(a) (4). There are no other matters prescribed by statue ap - plicable to DSA–AC, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code
Section 11346.5(a) (5). DSA–AC has determined that the proposed regula - tory action WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SAVINGS Reference: Government Code
Section 11346.5(a) (6). An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: No. B. Cost to any local agency required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: No. C. Cost to any school district required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: No. D. Other nondiscretionary cost or savings imposed on local agencies: No. E. Cost or savings in federal funding to the state: No. Estimate: N/A. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code
Section 11346.5(a) (8). If the agency makes an initial determination that the amendment of this regulation will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ab