GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 44-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW O CTOBER 29, 2021 PROPOSED ACTION ON REGULATIONS TITLE 2. F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2021–1019–07 ........................................ 1487 AMENDMENT MULTI–COUNTY: Red Bluff Joint Union High School District STA TE AGENCY : Board of Pilot Commissioners ADOPTION MULTI–COUNTY: Alta V ista Public Charter, Inc. Desert Sands Public Charter, Inc. Crescent V iew South, Inc.

W estern Educational Corp. TITLE 8 . DIVISION OF WORKERS ’ COMPENSA TION Qualified Medical Evaluator Electronic Service — Notice File Number Z2021–1019–02 ...................... 1488 TITLE 1 3. HIGHW AY P A TROL Child Safety Alert Systems — Notice File Number Z2021–1019–05 ........................................ 1492 TITLE 1 4. OFFICE OF SPILL PREVENTION AND RESPONSE Renewable Fuels, Office of Spill Prevention and Response Fee — Notice File Number Z2021–1019–01 .......... 1494 TITLE 1 6.

BOARD OF PHARMACY Notification of Temporary Closure — Notice File Number Z2021–1019–04 ................................. 1496 TITLE 1 6. DENTAL HYGIENE BOARD OF CALIFORNIA Reporting Dental Relationships Between Registered Dental Hygienists in Alternative Practice and Licensed Dentists,

Section 1117 — Notice File Number Z2021–1018–01 ............... 1499 (Continued on next page) Time- Dated Material

TITLE 2 7.

OFFICE OF ENVIRONMENT AL HEAL TH HAZARD ASSESSMENT Proposition 65 1,3 – Dichloropropene (Telone) No Significant Risk Levels — Notice File Number Z2021–1019–06 ................................................... 1502 GENERAL PUBLIC INTEREST DEPARTMENT OF REAL ESTATE Notice of Hearing by the Real Estate Commissioner: Annual Fee Review ................................... 1506 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2089–2021–001–06, Reintroduction of the Amargosa Vole (Microtus californicus scirpensis), Shoshone, Inyo County ................................. 1507 OCCUPA TIONAL SAFETY AND HEAL TH ST ANDARDS BOARD Public Meeting and Business Meeting on December 16, 2021 ............................................ 1510 PROPOSITION 65 Please see PROPOSED ACTION ON REGULATIONS above, entry for Title 27 Office of Environmental Health Hazard Assessment

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1511 The California Regulatory Notice Register i s a n o fficial s tate p ublication o f t he O ffice o f A dministrative L aw c ontaining notices o f p roposed r egulatory a ctions b y s tate r egulatory a gencies t o a dopt, a mend or r epeal r egulations c ontained i n t he California C ode o f R egulations.

T he e ffective p eriod o f a n otice o f p roposed r egulatory a ction b y a s tate a gency i n t he California Regulatory Notice Register s hall n ot e xceed o ne y ear [ Government C ode § 1 1346.4(b)]. I t i s s uggested, t herefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, S uite 1 250, S acramento, C A 9 5814-4339.

T he R egister i s p rinted b y B arclays, a s ubsidiary o f W est, a T homson R euters Business, a nd i s o ffered b y s ubscription f or $ 205.00 ( annual p rice). T o or der or m ake c hanges t o c urrent s ubscriptions, p lease call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1487 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict– of–interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT Multi–County: Red Bluff Joint Union High School District State Agency: Board of Pilot Commissioners ADOPTION Multi–County: Alta Vista Public Charter, Inc. Desert Sands Public Charter, Inc. Crescent View South, Inc. Western Educational Corp.

A written comment period has been established commencing on October 29, 2021 and closing on December 13, 2021. Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the proposed conflict–of–interest code(

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

s) will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), 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. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, arguments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than December 13, 2021. 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 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code(

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1488 3000, Sacramento, California 95811, telephone (916) 322–5660. A V AILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 8.

DIVISION OF WORKERS’ COMPENSATION DEPARTMENT OF INDUSTRIAL RELATIONS QUALIFIED MEDICAL EVALUATOR REGULATIONS (SECTION 36.7) NOTICE IS HEREBY GIVEN that the Administrative Director of the Division of Workers’ Compensation (hereafter “ Administrative Director”), proposes to adopt a regulation to implement the provisions of Labor Code sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, and 4600 regarding the examination, and the procedures regarding Qualified Medical Examiner (QME) medical–legal evaluations, that are used to resolve disputes in the workers’ compensation system.

This action is taken pursuant to the authority vested in the Administrative Director by Labor Code sections 53, 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3. When adopted, the proposed regulation will constitute title 8, California Code of Regulations, Division 1,

Chapter 1,

Article 3 sections 36.7. The regulation implements a process by which medical– legal reports and supporting documents maybe served electronically. PROPOSED REGULATORY ACTION The Department of Industrial Relations, Division of Workers’ Compensation, proposes to adopt the following regulation in Division 1,

Chapter 1,

Article 3, of Title 8, California Code of Regulations,

Section 36.7. The proposed change is a substantive change; although it is making permanent what was originally adopted as an emergency regulation. A comprehensive

summary of the proposed change is set out in the Initial Statement of Reasons, which is not printed here but will be available at no charge upon written request made to Regulations Coordinator below or via the web at: http://www.dir.ca.gov/dwc/DWCrulemaking.html. TIME AND PLACE OF VIRTUAL PUBLIC HEARING A public hearing via the ZOOM meeting platform has been scheduled in lieu of an in–person public hearing to permit all interested persons the opportunity to present oral statements or arguments with respect to the proposed adoption of title 8 CCR

Section 36.7 on the following date: Date: Friday, December 17th, 2021 Time: 10:00 a.m. to 5:00 p.m., or until conclusion of business Access Information Join from PC, Mac, Linux, iOS or Android: https:// dir–ca–gov.zoom.us/j/89606154017 Or Telephone: Dial: USA 216 706 7005 USA 8664345269 (US Toll Free) Conference code: 956474 Find local AT&T Numbers: https://www.teleconference.att.com/ servlet/glbAccess?process=1&accessNumber= 21670 67005&accessCode=956474 Alternate formats, assistive listening systems, sign language interpreters, or other types of reasonable accommodation to facilitate effective communication for persons with disabilities, are available upon request.

Please contact the Statewide Disability Accommodation Coordinator, Maureen Gray, at 1–866–681–1459 (toll free), or through the California Relay Service by dialing 711 or 1–800–735–2929 (TTY/English) or 1–800–855–3000 (TTY/Spanish) as soon as possible to request assistance. Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or 5:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon session will be held.

The Administrative Director requests, but does not require, that any persons who make oral comments at the ZOOM format public hearing also provide a written copy of their comments. Equal weight will be accorded to oral comments and written materials. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1489 to the proposed amendment to modify existing regulations, related to the Medical–Legal Fee

Schedule to the Department of Industrial Relations, Division of Workers’ Compensation. The written comment period closes on Friday, December 17, 2021. The Division of Workers’ Compensation will only consider comments received at the Department of Industrial Relations, Division of Workers’ Compensation by that date. Again, equal weight will be accorded to oral comments presented at the ZOOM format public hearing and written materials.

Submit written comments concerning the proposed regulations prior to the close of the public comment period to the DWC contact person: Maureen Gray Regulations Coordinator Department of Industrial Relations P .O. Box 420603 San Francisco, CA 94142 Written comments may be submitted via facsimile transmission (FAX), addressed to the above–named contact person at (510) 286–0687. Written comments may also be sent electronically (via e–mail) using the following e–mail address: dwcrules@dir.ca.gov. Ms. Gray must receive all written comments no later than 11:59 p.m. on Friday, December 17, 2021.

CONTACT PERSON Inquiries concerning this proposed action, such as requests to be added to the mailing list for rulemaking notices, requests for copies of the text of the proposed amendments to the regulation, the Initial Statement of Reasons, and any supplemental information contained in the rulemaking file may be requested in writing at the same address. The contact person is: Maureen Gray Regulations Coordinator Department of Industrial Relations Division of Workers’ Compensation P .O.

Box 420603 San Francisco, CA 94142 Email: mgray@dir.ca.gov BACKUP CONTACT PERSON In the event the contact person is unavailable, inquiries should be directed to the following backup contact person: Nicole Richardson, Industrial Relations Counsel Department of Industrial Relations Division of Workers’ Compensation P .O. Box 420603 San Francisco, CA 94142 (email: nrichardson@dir.ca.gov) The telephone number of the backup contact per- sons is (510) 286–7100.

AUTHORITY AND REFERENCE The Administrative Director is undertaking this regulatory action pursuant to the authority vested in the Administrative Director by Labor Code sections 53, 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3. Reference is made to Labor Code sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067 and 4600.

INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. The adjudication of workers’ compensation claims requires the use of written reports of QMEs. Objective and Anticipated Benefits of the Proposed Amendments to the Regulations: The Administrative Director of the Division of Workers’ Compensation adopt 36.7 of Title 8 of the California Code of Regulations.

The proposed change adds functionality to the regulatory scheme by instituting a system for electronic service of medical– legal reports and allow for expedited adjudication of QME discipline actions. A fuller

summary of the proposed changes is provided in the Initial Statement of Reasons. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Administrative Director has determined that these proposed amendments to the regulations are not inconsistent or incompatible with existing regulations. The Administrative Director now proposes to adopt a regulation related to the administration of the Qualified Medical Evaluator program. The proposed regulations implement, interpret, and make specific Labor Code sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067 and 5307.3 as follows:

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1490

Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure (§ 36.7)

Section 36.7 is added to the regulations to allow for electronic service of medical legal reports. DISCLOSURES REGARDING THIS PROPOSED REGULATORY ACTION The Administrative Director has made the following initial determinations: ● Determination regarding whether this rulemaking imposes a Local Mandate: None is imposed by this proposed regulation because no new program or higher level of service to the public is required.

The regulation provide technical detail on procedures used to regulate Qualified Medical Evaluators and the procedures for obtaining reports from QMEs, and impose the same requirements on all employers in California.

Local government and districts as employers, like all other employers in California, are already required by law to have workers’ compensation coverage, or otherwise to self administer or contract for another entity to administer the workers’ compensation claims of their employees and to conform to the Labor Code in using the medical dispute resolution procedures involving QMEs and AMEs. ● Significant statewide, adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. ● Effect on Housing Costs: None. ● Cost Impacts Incurred By Private Persons or Businesses: The Administrative Director has determined that the proposed regulation will not have any significant cost impact on private persons or businesses.

The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● Other impacts on Jobs and Businesses: The Administrative Director has determined that the change proposed in this rulemaking will not: (1) create or eliminate jobs within the State of California; (2) create new businesses or eliminate existing businesses within the State of California; or (3) affect the expansion of businesses in the State of California.

There are no anticipated benefits of the regulation to the health and welfare of California residents and workers safety. There might be some state environment benefit in the reduction of paper usage. EFFECT ON SMALL BUSINESS The Administrative Director has determined that this rulemaking will not have any significant impact on small business. Physicians appointed as Qualified Medical Evaluators fall within the definition of small business, and already are required by existing law to comply with the statutes and regulations governing Qualified Medical Evaluators.

Physicians are required to meet certain criteria in order to be certified as QMEs. Once appointed, Physicians serve a two–year term, and must be reappointed at the end of that term.

The Administrative Director is required to issue panels listing three Qualified Medical Evaluators when requested by a party to resolve a disputed issue (Labor Code §§ 139.2(h), 4062.1, 4062.2, and 139.2(h)(3).) In compiling the panel of three QMEs, from which to select randomly, the Administrative Director must include only evaluators who do not have a conflict– of–interest as defined by the Administrative Director in regulations adopted pursuant to Labor Code

section 139.2(

o) and are in the specialty designated by the party holding the legal right to select the specialty. (Labor Code § 139.2(h)(3)(A).) One selected from the panel of three, the physician examines the injured worker and issues a medical–legal evaluation. Physicians can also issue follow–up medical legal evaluations and supplemental medical legal reports. The proposed regulation relates to the processes that govern the administration of the QME program. The administrative director has determined that there is either no, or a de minimus amount of, added expense to the QME by virtue of the proposed regulation.

Therefore, the Administrative Director has concluded there is no significant adverse economic impact on QMEs as small businesses by the adoption of these proposed regulation. At the current time, the best estimate by the Division of Workers’ Compensation indicates that employers will not be affected in any substantial pecuniary fashion by the proposed regulations and amendments to the existing regulations. FISCAL IMPACTS ● Costs or savings to state agencies or costs/ savings in federal funding to the State: None. ● Cost to any local agency or school district that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of division 4 of the Government Code: None. (See Local Mandate bullet above) ● Other nondiscretionary costs/savings imposed upon local agencies: None. (See Local Mandate bullet above)

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1491 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Administrative Director must determine that no reasonable alternative considered, or that has otherwise been identified and brought to the Administrative Director’s attention, would be more effective in carrying out the purpose of this rulemaking, or would be as effective and less burdensome to the affected private persons, than the proposed action of this rulemaking, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Administrative Director invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS The text of the draft proposed regulation was made available for pre–regulatory public review and comment for at least ten days through the Division’s Internet website (the “DWC Forum”), as required by Government Code

section 11346.45. A V AILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE/INTERNET ACCESS An Initial Statement of Reasons and the text of the proposed regulations in plain English have been prepared and are available from the Regulations Coordinator named in this notice. The entire rulemaking file will be made available for inspection and copying at the address indicated below.

As of the date of this Notice, the rulemaking file consists of the Notice, the Initial Statement of Reasons, the proposed text of the regulations, pre–rulemaking comments and the Form 399. Also included are the documents relied upon in drafting the proposed regulations. In addition, the Notice, Initial Statement of Reasons, and proposed text of the regulations being proposed may be accessed and downloaded from the Division’s website at www.dir.ca.gov.

To access them, click on the “Proposed Regulations — Rulemaking” link and scroll down the list of rulemaking proceedings to find the Qualified Medical Evaluator Regulations link. Any interested person may inspect a copy or direct questions about the proposed regulations and any supplemental information contained in the rulemaking file. The rulemaking file will be available for inspection at the Department of Industrial Relations, Division of Workers’ Compensation, 1515 Clay Street, 18th Floor, Oakland, California 94612, between 9:00 a.m. and 4:30 p.m., Monday through Friday.

Copies of the proposed regulations, Initial Statement of Reasons and any information contained in the rulemaking file may be requested in writing to the Regulations Coordinator. CONTACT PERSON FOR GENERAL QUESTIONS Nonsubstantive inquiries concerning this action, such as requests to be added to the mailing list for rulemaking notices, requests for copies of the text of the proposed regulations, the Initial Statement of Reasons, and any supplemental information contained in the rulemaking file may be requested in writing at the same address.

The contact person is: Maureen Gray Regulations Coordinator Department of Industrial Relations Division of Workers’ Compensation P .O. Box 420603 San Francisco, CA 94142 E–mail: mgray@dir.ca.gov The telephone number of the contact person is (510) 286 –7100.

CONTACT PERSON FOR SUBSTANTIVE QUESTIONS In the event the contact person above is unavailable, or for questions regarding the substance of the proposed regulations, inquiries should be directed to: Nicole Richardson, Industrial Relations Counsel Department of Industrial Relations Division of Workers’ Compensation Post Office Box 420603 San Francisco, CA 94142 E–mail: (nrichardson@dir.ca.gov) The telephone number of this contact person is (510) 286 –7100.

A V AILABILITY OF CHANGES FOLLOWING PUBLIC HEARING If the Administrative Director makes changes to the proposed regulation as a result of the public hearing and public comment received, the modified text with changes clearly shown will be made available for

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1492 public comment for at least 15 days prior to the date on which the regulation is adopted. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon it 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 accessed on the Division’s website at www.dir.ca.gov. AUTOMATIC MAILING A copy of this Notice, the Initial Statement of Reasons and the text of the regulation, will automatically be sent to those interested persons on the Administrative Director’s mailing list.

If adopted, the regulation with any final amendments will appear in title 8 of the California Code of Regulations,

section 36.7. The text of the final regulations also may be available through the website of the Office of Administrative Law at www . oal.ca.gov. TITLE 13. HIGHWAY PATROL DIVISION 2,

CHAPTER 6.5,

ARTICLE 9, AMEND

SECTION 1294 CHILD SAFETY ALERT SYSTEMS (CHP–R–2020–06205) In compliance with the requirements of

Section 28160 of the California Vehicle Code (CVC), the California Highway Patrol (CHP) proposes to amend regulations in Title 13, California Code of Regulations (CCR), Division 2,

Chapter 6.5,

Article 9,

Section 1294, to be consistent with the specifications, installation, and use of child safety alert systems (CSAS). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 17, 2018, Governor Brown signed Assembly Bill (AB) 1840 (Chapter 426, Statutes of 2018) into law. Assembly Bill 1840 was an education budget trailer bill which included a provision relating to CSAS devices.

A CSAS is a device located at the rearmost portion of the interior of a vehicle that required the driver to either manually contact or scan the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting. The CSAS is an electronic, mechanical, or electro–mechanical device which requires manual, electronic, or a combination of manual and electronic contact for deactivation. Additionally, the State Legislature amended

Section 28160 CVC to reflect changes to the effective dates for carriers required to use the CSAS. The proposed rulemaking action will make substantive changes to repeal outdated or obsolete provisions, make conforming and clarifying changes, and make other nonsubstantive changes. Amending or repealing these regulations will ensure necessary specifications, installation, and use of the CSAS pursuant to

Section 28160 CVC. The changes are intended to provide clarity specific to the activation/ deactivation of the CSAS, and to remove repetitive statements which contribute to confusion for both the public and enforcement personnel. This proposed action conforms to the Legislative intent contained in AB 1840 as enacted in the 2018 legislative session.

Anticipated Benefits of the Proposed Regulations: This amendment will continue to provide nonmonetary benefits by protecting the health, safety, and welfare of individuals transported on specified vehicles by ensuring necessary specifications, installation, and use of the CSAS. The proposed regulations provide the regulatory authority for enforcement efforts as they relate to requirements of the CVC, and clarity of currently adopted regulations.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The CHP has determined the proposed regulations are neither inconsistent, nor incompatible, with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the CHP has concluded that these are the only regulations that concern the CSAS.

PUBLIC COMMENTS Interested persons may submit written comments on this proposed action via facsimile at (916) 322–3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Enforcement and Planning Division Commercial Vehicle

Section Attention: Officer Kasonja Pochop P .O. Box 942898 Sacramento, CA 94298–0001 Written comments will be accepted until December 13, 2021. No public hearing has been scheduled. If any person desires a public hearing, a written request must be received by the CHP , Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1493 A V AILABILITY OF INFORMATION The CHP has available for public review an Initial Statement of Reasons for the proposed regulatory action, the information upon which this action is based (the rulemaking file), and the proposed regulations text. Requests to review or receive copies of this information should be directed to the CHP at the above address, by facsimile to (916) 322–3154, or by calling the CHP , CVS, at (916) 843–3400.

All requests for information should include the following information: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in case the requester’s information is incomplete or illegible. The rulemaking file is available for inspection at the CHP , CVS, 601 North 7th Street, Sacramento, CA 95811. Interested parties are advised to call for an appointment. Documents regarding the proposed action are available through the CHP’s website at www.chp. ca.gov/news–alerts/regulatory–actions .

Once it has been prepared, the Final Statement of Reasons will be made available through the contact in- formation above or the CONTACT PERSONS below. CONTACT PERSON Any inquiries concerning the written materials pertaining to the proposed regulations, or questions regarding the substance of the proposed regulations, should be directed to Motor Carrier Safety Program Manager Craig Weaver or Officer Kasonja Pochop, of the CHP , CVS, at (916) 843–3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth without further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or nonsubstantive in nature, the full text of the resulting regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL DISCLOSURES AND RESULTS OF THE ECONOMIC IMPACT ANAL YSIS The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will impose no new mandate upon local agencies or school districts; (3) will involve no nondiscretionary costs or savings to any local agency; (4) will have no effect on cost to any local agency or school district requiring reimbursement pursuant to Gov.

Code esc. 17500 et seq.; (5) will have no effect on cost or savings to any state agency; (6) will have no effect on cost or savings in federal funding to the state; (7) will neither create or eliminate jobs in the State of California, nor result in the elimination of existing businesses, nor create or expand businesses in the State of California; (8) will continue to provide a nonmonetary benefit to the protection, health, safety, and welfare of workers and individuals transported on specified vehicles by ensuring necessary specifications, installation, and use of the CSAS; (9) will have no significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states; and (10) will have no adverse impact to the state’s environment.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has not identified any significant adverse effect on small businesses. The proposed regulations do not increase any requirements upon small businesses. The proposed regulatory amendment to Title 13, CCR,

Section 1294, is already applicable and enforceable on businesses subject to state jurisdiction pursuant to

Section 28160, CVC. AL TERNATIVES In accordance with

Section 11346.5(a)(13) of the California Government Code, the CHP must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to the attention of the agency, 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.

The CHP invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period. AUTHORITY This regulatory action is being taken pursuant to

Section 28160, CVC.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1494 REFERENCE This action implements, interprets, or makes specific Sections 28160 and 34506, CVC. TITLE 14. OFFICE OF SPILL PREVENTION AND RESPONSE FUND ADMINISTRATION (SECTIONS 870.15 AND 870.17) Notice is hereby given that the Department of Fish and Wildlife, Office of Spill Prevention and Response (OSPR) proposes to amend sections 870.15 and 870.17 of subdivision 4 of title 14 of the California Code of Regulations. These sections pertain to the fees collected for the OSPR program.

OSPR invites interested persons to present comments, statements, or arguments with respect to the regulations during the written comment period. PUBLIC HEARING OSPR has not scheduled a public hearing on this proposed action. However, pursuant to Government Code

section 11346.8, OSPR will hold a public hearing if a written request is received at the address below from any interested person or his or her authorized representative no later than fifteen (15) calendar days before the end of the 45–day comment period. SUBMISSION OF WRITTEN COMMENTS Any interested person or his or her authorized representative may submit to OSPR written comments relevant to the proposed regulatory action. The written comment period closes at 11:59 p.m. (Pacific Standard Time) on Monday, December 13, 2021. All written comments must be received by OSPR by then in order to be considered.

Written comments may be submitted by mail or e–mail, as follows: Department of Fish and Wildlife Office of Spill Prevention and Response P .O. Box 944209 Sacramento, CA 94244–2090 E–mail: OSPRRegulations@wildlife.ca.gov AUTHORITY AND REFERENCE Government Code

section 8670.39 grants the Administrator of OSPR the authority to adopt regulations and guidelines for proposed regulations. The proposed regulations implement, interpret and make specific Government Code sections 8670.38, 8670.39, 8670.40, and 8670.41. INFORMATIVE DIGEST Existing Law The Lempert–Keene–Seastrand Oil Spill Prevention & Response Act (LKS Act) of 1990 requires owners of crude oil and petroleum products to pay a per–barrel fee upon delivery of the oil to a marine terminal or refinery.

In 2021, Assembly Bill 148 (AB 148), among other things, raised the fee from $0.065 cents per barrel to $0.085 cents per barrel effective October 1, 2021, and made renewable fuels subject to this fee beginning January 1, 2022. AB 148 also established a process for the fee to be annually adjusted administratively based on the consumer price index [see bill Sections 11–13, 65, and 83–96]. This rulemaking revises the regulations text regarding the per–barrel fee. This rulemaking repeals unnecessary text that is redundant to the statute, and instead refers back to the statutory provisions.

These changes align the text with the changes made by AB 148 without merely repeating the statutory text. This rulemaking also revises the text regarding OSPR’s nontank vessel fee by repealing unnecessary, redundant, potentially contradictory text. There is no substantive change. Policy Statement Overview and Anticipated Benefits of the Proposed Action Adoption of these regulations accomplish cleanup of long–standing regulatory text. These changes simplify the text.

These proposed regulations eliminate possible confusion or contradiction by simplifying the text and referring the reader to the primary source on the topic. Evaluation of Inconsistency or Incompatibility with Existing Regulations After conducting a review for any state or federal regulations or statutes that would relate to or affect this area, OSPR has determined that this proposed regulation is not inconsistent or incompatible with existing state or federal regulations or statutes.

The California Department of Tax and Fee Administration (CDTFA) has extensive regulations regarding the process and logistics of collecting the per–barrel fee. This rulemaking in no way touches upon the provision of CDTFA ’s regulations. [Ref. Revenue & Taxation Code §§ 46001–46751, and Title 18 Code of Regulations §§ 2240, 2241, 2242, 2250–2257] DETERMINATIONS REGARDING THE PROPOSED ACTION OSPR has made the following determinations, as required by Government Code

section 11346.5(a) (5), (6), (7) and (9) and State Administrative Manual

section 6601:

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1495 (

a) Mandate upon local agencies and school districts: None. (

b) Costs or savings to any state agency: None. (

c) Costs or savings to any local agency: None. (

d) Costs or savings to any local agency or school districts which must be reimbursed in accordance with

part 7, division 4 (commencing with

section 17500) of the Government Code: None. (

e) Other non–discretionary costs or savings imposed upon local agencies: None. (

f) Costs or savings in federal funding to the state: None. (

g) Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. Any economic impact on a person or business is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. (

h) Cost a representative private person or business would necessarily incur in reasonable compliance: None. OSPR is not aware of any cost impacts that a representative private person or bisiness would necessarily incur in reasonable compliance with the proposed action. Any economic impact on a person or business is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. (

i) Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Pursuant to Government Code sections 11346.2 and 11346.3, and State Administrative Manual

section 6601, with regard to the proposed regulations, OSPR determines the following: ● Whether this is a “major regulation”, having an economic impact on businesses and individuals exceeding $50,000,000 in any 12–month period between the date the regulation is estimated to be filed with the Secretary of the State through 12 months after the regulation is fully implemented. This is not a “major regulation”. This rulemaking is simplifying the regulatory text, is conforming with a statutory amendment (AB 148), and is otherwise making nonsubstantive changes. Any economic impact on businesses is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. ● Effects of the regulation on the creation or elimination of jobs within the State of California. None. This rulemaking is simplifying the regulatory text, is conforming with a statutory amendment (AB 148), and is otherwise making nonsubstantive changes. Any effect on jobs is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. ● Effects of the regulation on the creation of new businesses or the elimination of existing businesses within the State of California. None. This rulemaking is simplifying the regulatory text, is conforming with a statutory amendment (AB 148), and is otherwise making nonsubstantive changes. Any effect on the creation or elimination of businesses is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. ● Effects of the regulation on the expansion of businesses currently doing business within the State of California. None. This rulemaking is simplifying the regulatory text, is conforming with a statutory amendment (AB 148), and is otherwise making nonsubstantive changes. Any effect on the expansion of businesses is the result of the statutory amendments to Government Code

section 8670.40; not this rulemaking. ● Benefits of the regulation to the health and welfare of California residents. This rulemaking does not relate to public health or welfare. ● Benefits of the regulation to worker safety. This rulemaking does not relate to worker safety. ● Benefits of the regulation to the State’s environment This rulemaking does not directly relate to the environment.

But the per–barrel fee funds the state’s oil spill prevention, preparedness, and response program. (OSPR). ● Business Reporting Requirement This rulemaking does not require any reports to be created, maintained, or submitted. ● Effect on small business None. This rulemaking is simplifying the regulatory text, is conforming with a statutory amendment (AB 148), and is otherwise making nonsubstantive changes. Any effect on small businesses is the result of the statutory amendments to Government Code

section 8670.40, not this rulemaking. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), OSPR must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to the attention

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1496 of OSPR, 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. There is no reasonable alternative for this rulemaking. This rulemaking is simplifying the regulatory text, is conforming with a statutory change (AB 148), and is otherwise making nonsubstantive changes.

However, OSPR invites interested persons to present reasonable alternatives to the proposed regulations during the written comment period. A V AILABILITY OF DOCUMENTS/OSPR CONTACT PERSON OSPR will have the entire rulemaking file available for inspection and copying at its office at the address below by appointment only. As of the date this notice is published in the California Notice Register, the rulemaking file consists of this notice, the proposed modified text (“express terms”) of the regulations, the Initial Statement of Reasons, and the Economic and Fiscal Impact Statement (Form STD 399).

Please direct inquiries concerning the regulatory process or requests for copies of the proposed modified text (“express terms”) of the regulations, the Initial Statement of Reasons, or other information upon which the rulemaking is based to the following: Department of Fish and Wildlife Office of Spill Prevention and Response Attention: Christine Kluge 1010 Riverside Parkway West Sacramento, CA 95605 Phone: (916) 827–6553 Email: Christine.Kluge@wildlife.ca.gov The backup contact person is Ryan Todd at the same address, or by email at Ryan.Todd@wildlife.ca.gov, or by phone at (916) 698–0036 A V AILABILITY OF DOCUMENTS ON THE INTERNET This notice and related rulemaking documents identified above can be accessed on OSPR’s website at www.wildlife.ca.gov/OSPR/Legal/Rulemakings/ OSPAF.

A V AILABILITY OF CHANGED OR MODIFIED TEXT At the close of the 45–day comment period, and considering all timely and relevant comments received, OSPR may adopt the proposed regulations substantially as described in this notice. If OSPR makes modifications which are sufficiently related to the originally proposed text, the modified text (with the changes clearly indicated) shall be made available to the public for at least 15 days before OSPR adopts the regulations as revised. Any such modifications will also be posted on OSPR’s website.

Please send requests for copies of any modified regulations to the attention of the contact person(

s) as indicated above. OSPR will accept written comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available on OSPR’s website and may be requested from the contact person(

s) named in this notice. TITLE 16. BOARD OF PHARMACY CONCERNING: NOTIFICATION OF TEMPORARY CLOSURE NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) proposes taking the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by December 13, 2021.

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. The board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations 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 will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1497 Authority and Reference :

Section 4005 of the Business and Professions Code (BPC) authorizes the board to adopt this regulation. The proposed regulation implements, interprets, and makes specific sections 4032 and 4312 of the BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board is a state agency vested with the authority to regulate the pharmacy industry, including pharmacies, hospital pharmacies, clinics, wholesalers, third–party logistics providers, and outsourcing facilities. The board’s mandate and its mission is to protect the public (BPC § 4001.1).

Existing pharmacy law does not establish a requirement for pharmacy licensees to notify the board of a temporary closure of a licensed facility. For the past several years, typically in response to declared disasters, but also in response to construction issues, board licensed facilities must temporarily close. More recently, regrettably, a significant number of pharmacies were damaged or destroyed due to civil unrest. In many cases the damages occurred to several pharmacies in the same region. This can interrupt patient care by limiting access to prescription medication.

This proposal will require each permit holder to notify the board of any temporary closure of a facility as soon as any closure exceeds three consecutive calendar days. Further, it specifies that the closure status will be public information.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS Requiring notifications will ensure consistent reporting requirements for businesses licensed by the board and will allow the board to plan inspection activity and ensure licensees, other healthcare practitioners, and consumers have current operational status information when searching for a licensed facility on the board’s website. Additionally, the notification will allow the board to maintain a more accurate operational history of its licensees.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS While developing these regulations and amendments, the Board conducted a search of similar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. FISCAL IMPACT AND RELATED ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed regulations may result in an increase in reports of facility closures to the board. In 2020, the board received approximately 300 reports of closures.

According to the board, a Staff Services Manager I, Specialist (SSMI) typically takes ten minutes to process each report of closure and ten minutes for each reopening at a cost of approximately $15 per report or $30 total (closing and opening), which results in total costs of approximately $9,000 per year for 300 closures per year. The proposed regulation will not have an impact on federal funding to the State or other State agencies. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The Board has determined that the proposed regulatory action will have no significant statewide adverse economic impact directly affecting businesses and/or employees, including the ability of California businesses to complete with businesses in other states. This initial determination is based on the absence of testimony to that effect during the development of the proposed regulation, which occurred over several months in numerous Board and committee meetings.

Additionally, the board determined that the notification can be as simple as an email or a statement faxed or mailed to the board once the facility has been closed for three consecutive days. As a result, no additional costs are anticipated for businesses operating in the state. Cost Impact on Representative Private Person or Business: The Board is not aware of any negative cost impacts that a representative private person or business would necessarily incur in reasonable compliance with proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS While the board does not have nor does it maintain data to determine if any of its licensees (pharmacies and clinics) are a “small business,” as defined in Government Code

section 11342.610, the board has made an initial determination that the proposed regulatory action will not have a significant adverse

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1498 economic impact directly affecting small businesses. The board determined that the notification can be as simple as an email or a statement faxed or mailed to the board once the facility has been closed for three consecutive days. As a result, no additional costs are anticipated for businesses.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses within California; (4) this proposal will not eliminate existing businesses within California; (5) this proposal will not expand businesses currently doing business in the State of California. Benefits of Regulation: The board has determined that this regulatory proposal may impact the health and welfare of California residents.

The proposal establishes the requirement for licensees to notify the board when the facility will be closed for more than three consecutive days. This will be public information, which California residents can obtain from our website. This can help ensure that California residents can find an open licensed facility to obtain patient care. The proposal will not impact worker safety or the state’s environment. BUSINESS REPORTING REQUIREMENT The board finds that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses.

CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alternative that it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or arguments in writing relevant to the above determinations at the address listed for the Contact Person during the written comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The board has prepared an Initial Statement of Reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regulations, and any document incorporated by reference, and of 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, Ste. 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. Y ou may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3078 Fax Number: (916) 574–8618 E–Mail Address: Lori.Martinez@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3090 Fax Number: (916) 574–8618 E–Mail Address: Debbie.Damoth@dca.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1499 WEBSITE ACCESS Materials regarding this proposal can be found at the Board of Pharmacy’s website: https://www.pharmacy. ca.gov/laws_regs/pending_regs.shtml. TITLE 16. DENTAL HYGIENE BOARD OF CALIFORNIA REPORTING DENTAL RELATIONSHIPS BETWEEN REGISTERED DENTAL HYGIENISTS IN ALTERNATIVE PRACTICE AND LICENSED DENTISTS,

SECTION 1 1 1 7 NOTICE IS HEREBY GIVEN that the Dental Hygiene Board of California (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice must be received by the Board at its office by 5:00 p.m. on Tuesday, December 14, 2021. 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 his or her authorized representative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice or may modify the proposed regulations 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 will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 1905, 1906, and 1930, and to implement, interpret, or make specific BPC sections 1905 and 1930, the Board is considering changes to Division 11 of Title 16 of the California Code of Regulations as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC sections 1905 and 1906 authorize the Board to adopt, amend, and revoke regulations to implement the statutory requirements of

Article 9 of

Chapter 4, BPC sections 1900 through 1967.4, regarding dental hygienists. The Board, a constituent agency within the Department of Consumer Affairs (DCA), regulates registered dental hygienists, registered dental hygienists in alternative practice (RDHAPs), and registered dental hygienists in extended functions (collectively RDHs). The Board’s highest priority is the protection of the public when exercising its licensing, regulatory, and disciplinary functions.

The Board’s core functions are issuing licenses to qualified applicants, investigating consumer complaints filed against licensees, disciplining licensees for sustained violations of the BPC and Title 16 of the CCR, regulating and approving RDH educational programs, and monitoring licensees placed on disciplinary probation by the Board. This proposal would adopt language to define reporting requirements for RDHAPs to inform the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services ● Add

Section 1117 to Title 16 of the California Code of Regulations. BPC

section 1930 requires an RDHAP to provide documentation to the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services. The Board proposes to make BPC

section 1930 specific by defining reporting requirements for RDHAPs to inform the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services. This proposal will adopt Title 16,

section 1117 to provide requirements for RDHAPs to report a relationship to the Board.

These will include: (1) providing documentation to the Board upon application of an RDHAP license of a relationship with at least one licensed dentist located in California for referral, consultation, and emergency services; (2) providing documentation to the Board of a current relationship with at least one licensed dentist at every biennial license renewal; (3) reporting any termination of the existing dentist relationship to the Board within 30 calendar days of the termination and providing documentation of establishment of a new relationship with a licensed dentist; (4) requiring that at all times during the relationship between the RDHAP and the dentist, the dentist’s license must be current, active, and not under discipline prohibiting practice by the Dental Board of California (DBC); and (5) requiring termination of the RDHAP–licensed dentist

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1500 relationship upon learning of any discipline prohibiting practice of the dentist’s license by the DBC. The proposed regulation would utilize proposed form “Documentation of Registered Dental Hygienist in Alternative Practice (RDHAP) Relationship with Dentist” (Form RDHAP–01 (New 07–2021)) which is incorporated by reference at proposed

section 1117(f). Anticipated Benefit(

s) of the Proposed Amended Regulation:

Section 1117 will do the following: ● First, the requirements ensure RDHAPs have a dental resource to whom to refer the patient for further, more comprehensive treatment outside the scope of the licensee’s practice.

This will enhance patient safety and ensure continuity of care for RDHAPs’ patients. ● Second, requiring RDHAPs to provide the Board with notice of a current relationship with at least one licensed dentist at every biennial license renewal and in the event of termination will ensure continuity of the dentist relationship. ● Third, requiring that the dentist’s license must be current, active, and not under discipline prohibiting practice by the DBC at all times ensures that the dentist is legally able to practice and provide safe, necessary care to patients the RDHAP refers. ● Fourth, requiring termination of the RDHAP– licensed dentist relationship upon learning of any discipline prohibiting practice of the dentist’s license will ensure that the RDHAP only maintains a relationship with dentists that provide safe, necessary care to patients.

Determination of Inconsistency and Incompatibility with Existing State Regulations: During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on this topic and has concluded that the proposed regulatory action is not inconsistent or incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Board has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board indicates a Staff Services Analyst will take approximately 45 minutes to review and process each RDHAP’s document submission, as specified, at a cost of approximately $66 per submission.

The Board receives approximately 45 initial license applications and 300 renewal license applications per year, which would result in a fiscal impact of $22,770 per year and up to $227,700 over a ten–year period. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500 through 17630 Require Reimbursement: None.

Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the following facts: The proposed regulation would simply define reporting requirements for RDHAPs to inform the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services.

Cost Impacts on a Representative Private Person or Businesses: This proposed regulation will not have any significant adverse economic impact on businesses. This initial determination is based on the following facts: The proposed form incorporated by reference, Form RDHAP–01 (New 07–2021), incorporates the reporting requirements proposed within the regulation for uniformity of information reported to the Board and requires minor expenditure of effort to complete.

The Board estimates initial RDHAP applicants and renewing RDHAP licensees will take 20 minutes to complete and submit the required documentation at a cost of $15 per submission. The Board receives approximately 45 initial license applications and 300 renewal license applications per year, which would result in an economic impact of $5,175 per year and up to $51,750 over a ten–year period. Significant Effect on Housing Costs: None. Business Reporting Requirement: The regulation will require businesses to file a report with the Board.

The change in regulatory language will require the RDHAP to provide documentation to the Board (Form RDHAP–01 (New 07–2021)) of a relationship with at least one licensed dentist located in California (1) upon application of an RDHAP license and (2) at every biennial license renewal. It will also require reporting any termination of the existing dentist relationship to the Board within 30 calendar days of the termination and providing documentation of establishment of a new relationship with a licensed dentist. It is necessary for the health, safety, and

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1501 welfare of the people of the state that the regulation apply to businesses.

Results of the Economic Impact Analysis/ Assessment: Impact on Jobs/Businesses: The Board has determined that this regulatory action will not create or eliminate jobs, will not create new business or eliminate existing businesses, and will not affect the expansion of businesses currently doing business within the State of California as the proposed language in the regulation would define reporting requirements for RDHAPs to inform the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services.

Benefits of the Proposed Action: This regulatory proposal benefits the health and welfare of California residents as the proposed language in the regulation would clarify RDHAP reporting requirements (1) to ensure the RDHAP has a dental resource to refer their patients for further, more comprehensive treatment outside the scope of the licensee’s practice, thereby increasing safety and ensure continuity of care for the patients of RDHAPs; (2) to require RDHAPs to provide the Board with notice of a current relationship with at least one licensed dentist at every biennial license renewal and in the event of termination will ensure continuity of the dentist/RDHAP relationship; (3) to require that the dentist’s license be current, active, and not under discipline prohibiting practice by the DBC at all times ensures that the dentist is legally able to practice and provide safe, necessary care to patients the RDHAP refers; and (4) to require termination of the RDHAP–licensed dentist relationship upon learning of any discipline prohibiting practice of the dentist’s license will ensure that the RDHAP only maintains a relationship with dentists that provide safe, necessary care to patients.

This regulatory proposal does not benefit worker safety or the state’s environment because it does not affect worker safety or the environment. Effect on Small Business: The Board has determined that this regulatory action would have a minor impact on small businesses within the State of California as the proposed language in the regulation would define reporting requirements for RDHAPs starting their personal dental hygiene practice to inform the Board of an existing relationship with at least one dentist for referral, consultation, and emergency services.

Completion of form RDHAP–01 (New 07–2021) provides for uniformity of information to be reported to the Board and will require expenditure of minimal additional effort to complete. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

Interested persons are invited to present statements or arguments in writing relevant to the above determinations during the written comment period. CONTACT PERSONS Inquiries or comments concerning the proposed regulatory action may be directed to the following designated agency contact persons: Dental Hygiene Board of California Attn: Adina A.

Pineschi–Petty DDS 2005 Evergreen Street, Suite 1350 Sacramento, CA 95815 Phone: (916) 576–5002 Email: adina.petty@dca.ca.gov Backup Contact Person: Attn: Anthony Lum 2005 Evergreen Street, Suite 1350 Sacramento, CA 95815 Phone: (916) 576–5004 Email: anthony.lum@dca.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Dr. Pineschi–Petty at the above address. In her absence, please contact the designated back–up contact person.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, 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 information on which this 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1502 A V AILABILITY OF CHANGED OR MODIFIED T EXT After c onsidering a ll t imely a nd r elevant c omments received, t he B oard m ay a dopt t he a mendments as o riginally p roposed, o r w ith n on–substantial o r grammatical m odifications. T he B oard m ay a lso adopt t he p roposed r egulatory l anguage w ith o ther modifications i f t he t ext a s m odified is s ufficiently related t o t he o riginally p roposed t ext t hat w as n oticed to t he p ublic.

I n t he e vent t hat s uch m odifications a re made, t he f ull r egulatory t ext, w ith t he m odifications clearly i ndicated, w ill b e m ade a vailable t o t he p ublic for r eview a nd o r w ritten c omment a t l east 1 5 d ays before i t is a dopted. T he p ublic m ay r equest a c opy of t he m odified r egulatory t ext b y c ontacting D r. Pineschi–Petty at the address above. A V AILABILITY OF FINAL STATEMENT OF REASONS All t he i nformation up on w hich t he p roposed regulations a re b ased is c ontained i n t he r ulemaking file w hich is a vailable f or p ublic i nspection b y contacting Dr.

Pineschi–Petty at the address above. Y ou m ay o btain a c opy o f t he F inal S tatement of R easons o nce i t h as b een p repared, b y m aking a written r equest t o D r. P ineschi–Petty a t t he a ddress above or by accessing the website listed below.

TEXT OF THE PROPOSAL Copies o f t he e xact l anguage o f t he p roposed regulations, a ny d ocument i ncorporated b y r eference, the I SOR, a nd a ll o f t he i nformation o n w hich t he proposal is b ased, m ay b e o btained up on r equest from t he B oard a t 2 005 E vergreen S treet, S uite 1 350, Sacramento, C alifornia 9 5815, o r b y a ccessing t he Board’s w ebsite a t https://www.dhbc.ca.gov/lawsregs/ index.shtml.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies o f t he N otice o f P roposed A ctions, t he Initial S tatement o f R easons, F orms I ncorporated by R eference, a nd t he t ext o f t he r egulations ca n b e accessed t hrough t he B oard’s w ebsite a t https://www . dhbc.ca.gov/lawsregs/index.shtml. TITLE 27. OF FICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING W ATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 AMENDMENT TO

SECTION 25705 SPECIFIC REGULATORY LEVELS POSING NO SIGNIFICANT RISK: 1,3–DICHLOROPROPENE (ORAL AND INHALATION EXPOSURES) NOTICE I S H EREBY G IVEN t hat t he O ffice o f Environmental H ealth H azard A ssessment ( OEHHA) proposes t o a dopt P roposition 6 51 N o S ignificant Risk L evels ( NSRLs) f or 1 ,3–dichloropropene b y amending T itle 2 7, C alifornia C ode o f R egulations,

section 2 5705(b) 2. T he p roposed N SRLs f or o ral a nd inhalation e xposures t o 1 ,3–dichloropropene a re 3 .7 micrograms per day. PUBLIC COMMENTS To b e c onsidered, OEHHA must receive comments by December 13, 2021 , t he d esignated c lose o f t he written c omment p eriod. A ll w ritten c omments w ill be p osted o n t he O EHHA w ebsite a t t he c lose o f t he public comment period. OEHHA s trongly r ecommends t hat t he p ublic submit w ritten i nformation e lectronically, r ather than i n pa per f orm.

C omments m ay b e s ubmitted electronically t hrough o ur w ebsite a t https://www . oehha.ca.gov/comments. C omments s ubmitted i n paper f orm m ay s till b e m ailed ( see b elow), b ut d elays may occur if staff are unable to timely access them. Esther B arajas–Ochoa Office of Environmental Health Hazard Assessment 1001 I Street, 12th F loor P .O.

Box 4010 Sacramento, California 95812–4010 Telephone: 9 16–322–2068 1 T he S afe D rinking W ater a nd T oxic E nforcement A ct o f 1 986, codified a t H ealth a nd S afety C ode s ection 2 5249.5 e t s eq., r e- ferred to herein as “Proposition 65” or “The Act.” 2 A ll f urther r egulatory r eferences a re t o s ections o f T itle 2 7 o f the California Code of Regulations unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1503 OEHHA e ncourages a ll c ommenters t o s ubmit t heir comments i n a f ormat c ompliant w ith t he a ccessibility requirements o f t he A mericans w ith D isabilities A ct, so t hat t hey ca n b e r ead u sing s creen r eader t echnology and t hose w ith v isual i mpairments a re ab le t o l isten t o them. OEHHA is s ubject t o t he C alifornia P ublic R ecords Act a nd o ther l aws t hat r equire t he r elease o f c ertain information up on r equest.

I f y ou p rovide c omments, please b e a ware t hat y our n ame, a ddress, a nd e –mail may be available to third parties. PUBLIC H EARING A p ublic h earing o n t hese p roposed r egulatory amendments w ill o nly b e s cheduled up on r equest. T he hearing w ould b e w eb–based d ue t o t he C OVID–19 emergency3. T o r equest a h earing, se nd a n e –mail to E sther B arajas–Ochoa a t esther.barajas–ochoa@ oehha.ca.gov o r t o t he a ddress l isted ab ove b y n o l ater than November 29, 2021.

I f o ne is s cheduled, O EHHA will m ail a n otice o f t he h earing t o t he r equester a nd interested pa rties o n t he P roposition 6 5 m ailing l ist for regulatory public hearings. The notice will also be posted o n t he O EHHA w ebsite a t l east t en d ays b efore the p ublic h earing d ate. T he n otice w ill p rovide t he date, t ime, a nd i nstructions f or pa rticipating i n t he hearing. CONTACT Please d irect i nquiries c oncerning t he p roposed regulatory a ction d escribed i n t his n otice t o E sther Barajas–Ochoa a t ( 916) 3 22–2068, o r b y e –mail t o esther.barajas–ochoa@oehha.ca.gov.

K risti M orioka is a b ack–up c ontact p erson f or i nquiries c oncerning processing o f t his a ction a nd is a vailable a t ( 916) 3 22– 5624 or kristi.morioka@oehha.ca.gov. INFORMATIVE DIGEST/POLICY STATEMENT O VERVIEW Proposition 6 5 p rohibits a p erson i n t he c ourse o f doing b usiness f rom k nowingly a nd i ntentionally exposing a ny i ndividual t o a c hemical t hat h as been l isted a s k nown t o t he s tate t o ca use ca ncer o r reproductive t oxicity w ithout fi rst g iving c lear a nd reasonable w arning t o s uch i ndividual4.

T he A ct a lso prohibits a b usiness f rom k nowingly d ischarging a listed c hemical i nto w ater o r o nto o r i nto l and w here 3 E xecutive Orders N–25–20 and N–29–20. 4 H ealth and Safety Code

section 25249.6. such c hemical pa sses o r p robably w ill pa ss i nto a ny source of drinking water5. For ca rcinogens, a n e xemption f rom t he w arning requirement is p rovided b y t he A ct w hen t he exposure f or w hich t he p erson is r esponsible ca n b e demonstrated t o p roduce n o s ignificant r isk, o r w hen a discharge w hich o therwise c omplies w ith a ll a pplicable requirements w ould n ot ca use a ny s ignificant a mount of t he d ischarged o r r eleased c hemical t o e nter a ny source o f d rinking w ater6.

A d etermination t hat a level o f e xposure p oses n o s ignificant r isk m ay b e made u tilizing r egulations t hat h ave p reviously b een adopted b y O EHHA ( Sections 2 5701–25721). S ection 25701 d escribes a lternative m ethods f or m aking s uch a determination. S ection 2 5705 set s f orth t he p rocess f or determining “ no s ignificant r isk” l evels f or p urposes of P roposition 6 5 a nd e stablishes t hose l evels f or certain listed chemicals.

Details o n t he b asis f or t he p roposed N SRLs f or 1 ,3– dichloropropene a re p rovided i n t he I nitial S tatement of R easons f or t his r egulatory a mendment, w hich is available o n r equest f rom E sther B arajas–Ochoa a t esther.barajas–ochoa@oehha.ca.gov a nd is p osted o n the OEHHA website at www.oehha.ca.gov. This p roposed a mendment t o se ction 2 5705 w ould add N SRLs f or 1 ,3–dichloropropene b y a mending

Section 25705(

b) as follows (addition in underline): (

b) Chemical name L evel (micrograms per day) Acrylonitrile 0.7 … 1,3–Dichloropropene 3.7 (oral) 3.7 ( inhalation) … To d evelop t he p roposed N SRL f or 1 ,3– dichloropropene b y t he o ral ro ute, O EHHA r elied o n the 1 985 N ational T oxicology P rogram ( NTP) r eport entitled, “ Toxicology a nd C arcinogenesis S tudies o f Telone I I ( Technical–Grade 1 ,3–dichloropropene [ CAS No. 5 42–75–6] C ontaining 1 .0% E pichlorohydrin a s a Stabilizer) i n F 344/N R ats a nd B 6C3F1 M ice ( Gavage Studies)”7. T o d evelop t he p roposed N SRL f or t he inhalation ro ute, O EHHA r elied o n i nhalation s tudies of t echnical–grade 1 ,3–dichloropropene c onducted 5 H ealth and Safety Code

section 25249.5. 6 H ealth and Safety Code sections 25249.9 and 25249.10. 7 N ational T oxicology Program (NTP , 1985). T oxicology and car- cinogenesis s tudies o f T elone I I ( technical–grade 1 ,3–dichloro - propene [ CAS N o. 5 42–75–6] c ontaining 1 .0% e pichlorohydrin as a s tabilizer) i n F 344/N r ats a nd B 6C3F1 m ice ( gavage s tud- ies). TR No. 269. US Department of Health and Human Services, Public H ealth S ervice, N ational I nstitutes o f H ealth, B ethesda, MD. A vailable f rom: https://ntp.niehs.nih.gov/ntp/htdocs/It_rpts/ tr269.pdf.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1504 in m ice b y S tott et a l. ( 1987)8. T he N SRLs a re b ased upon t he r esults o f t he m ost se nsitive s cientific s tudies deemed t o b e o f s ufficient q uality9. T he d erivation o f the N SRLs is d iscussed i n m ore d etail i n t he I nitial Statement o f R easons f or t his p roposed r egulatory amendment.

Anticipated Benefits of the Proposed Regulation Some b usinesses m ay n ot b e ab le t o a fford t he expense o f e stablishing a n N SRL a nd t herefore m ay be e xposed t o l itigation f or a f ailure t o w arn o r f or a p rohibited d ischarge o f t he l isted c hemical. B y providing N SRLs, t his r egulatory p roposal s pares businesses t he e xpense o f ca lculating t heir o wn N SRL and m ay a lso e nable t hem t o r educe o r a void l itigation costs.

I n a ddition, t he N SRLs d o n ot r equire, b ut m ay encourage, b usinesses t o r educe e xposures t o t he l isted chemical t o a l evel t hat d oes n ot ca use a s ignificant exposure, t hereby p roviding a p ublic h ealth b enefit to C alifornians. T his i n t urn m ay r educe r esident, worker a nd e nvironmental e xposures t o e xposure t o 1,3–dichloropropene.

No Inconsistency or Incompatibility with Existing Regulations After c onducting a n e valuation o n a ny r elated regulations i n t his a rea, O EHHA h as f ound t hat t hese are t he o nly r egulations d ealing w ith P roposition 6 5 NSRLs f or 1 ,3–dichloropropene. T herefore, O EHHA has determined that the proposed regulation is neither inconsistent n or i ncompatible w ith e xisting s tate regulations. T he p roposed r egulation d oes n ot i mpose any m andatory r equirements o n b usinesses, s tate o r local ag encies a nd d oes n ot a ddress c ompliance w ith any other law or regulation.

RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code

section 11346.3(b)) Impact on the Creation, Elimination, or Expansion of Jobs/Businesses in California This r egulatory p roposal w ill n ot a ffect t he c reation or e limination o f j obs w ithin t he S tate o f C alifornia. Proposition 6 5 r equires b usinesses w ith t en o r m ore employees t o p rovide w arnings p rior t o e xposing people t o c hemicals t hat a re k nown t o ca use ca ncer.

The l aw a lso p rohibits t he d ischarge o f l isted c hemicals into s ources o f d rinking w ater. 1 ,3–dichloropropene is listed u nder P roposition 6 5; t herefore, b usinesses m ust provide a w arning i f t heir p roduct o r a ctivity e xposes the public or employees to significant amounts of 1,3– 8 S tott W T, J ohnson K A, C alhoun L L, W eiss S K, F rauson L E (1987). T elone* I I s oil f umigant: 2 –year c hronic t oxicity–on - cogenicity s tudy i n m ice. D ow C hemical C ompany. ( DPR V ol. 50046–029, Record No. 060675). 9 S ection 25703(a)(4). dichloropropene.

T he r egulatory p roposal d oes n ot create a dditional c ompliance r equirements, b ut i nstead provides a “ safe h arbor” v alue t hat a ids b usinesses i n determining w hether a w arning is r equired f or a g iven exposure. The p roposed N SRLs p rovide c ompliance a ssistance to b usinesses s ubject t o t he A ct, b ut d o n ot i mpose any m andatory r equirements o n t hose b usinesses.

Therefore, O EHHA h as d etermined t hat t he p roposed regulatory a ction w ill n ot h ave a ny i mpact o n t he creation o r e limination o f j obs, t he c reation o f n ew businesses o r t he e limination o f e xisting b usinesses, o r the e xpansion o f b usinesses c urrently d oing b usiness within the State of California. Benefits o f t his r egulation i nclude s paring businesses t he e xpense o f ca lculating t heir o wn NSRL a nd p ossibly e nabling t hem t o r educe o r avoid l itigation c osts.

B y p roviding a n N SRL, i t m ay encourage b usinesses t o r educe e xposures t o t he l isted chemical t o a l evel t hat d oes n ot ca use a s ignificant exposure, t hereby p roviding a p ublic h ealth b enefit t o Californians. T his i n t urn m ay r educe r esident, w orker and e nvironmental e xposures t o 1 ,3–dichloropropene. PEER R EVIEW This n otice, t he p roposed r egulatory c hange, a nd the I nitial S tatement o f R easons a re b eing p rovided to t he O EHHA S cience A dvisory B oard’s C arcinogen Identification Committee for review and comment10. AUTHORITY Health and Safety Code

Section 25249.12. REFERENCE Health a nd S afety C ode S ections 2 5249.5, 2 5249.6, 25249.9, 25249.10 and 25249.11. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS Because P roposition 6 5 e xpressly11 d oes n ot a pply to l ocal ag encies o r s chool d istricts, O EHHA h as determined t he p roposed r egulatory a ction w ould n ot impose a m andate o n l ocal ag encies o r s chool d istricts nor d oes i t r equire r eimbursement b y t he S tate pursuant t o P art 7 ( commencing w ith S ection 1 7500) of D ivision 4 o f t he G overnment C ode.

O EHHA h as also d etermined t hat n o n ondiscretionary c osts o r savings t o l ocal ag encies o r s chool d istricts w ill r esult from the proposed regulatory action. 10 T itle 27, Cal. Code of Regs.,

section 25701(e). 11 S ee Health and Safety Code

section 25249.11 (b).

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1505 COSTS OR SA VINGS TO STATE AGENCIES Because P roposition 6 5 e xpressly12 d oes n ot a pply to a ny S tate ag ency, O EHHA h as d etermined t hat n o savings o r i ncreased c osts t o a ny S tate ag ency w ill result from the proposed regulatory action. EFFECT ON FEDERAL FUNDING TO THE STATE Because P roposition 6 5 e xpressly13 d oes n ot a pply to a ny f ederal ag ency, O EHHA h as d etermined t hat no c osts o r s avings i n f ederal f unding t o t he S tate w ill result from the proposed regulatory action.

EFFECT ON HOUSING COSTS OEHHA h as d etermined t hat t he p roposed r egulatory action w ill h ave n o e ffect o n h ousing c osts b ecause i t provides c ompliance a ssistance t o b usinesses s ubject to P roposition 6 5 b ut d oes n ot i mpose a ny m andatory requirements on those businesses.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTL Y AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE Because t he p roposed r egulatory l evels p rovide compliance a ssistance t o b usinesses s ubject t o Proposition 6 5, b ut d o n ot i mpose a ny m andatory requirements o n t hose b usinesses, O EHHA h as made a n i nitial d etermination t hat t he a doption o f the r egulation w ill n ot h ave a s ignificant s tatewide adverse e conomic i mpact d irectly a ffecting b usinesses, including t he ab ility o f C alifornia b usinesses t o compete with businesses in other states.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The p roposed N SRLs w ere d eveloped t o p rovide compliance a ssistance f or b usinesses i n d etermining whether a w arning is r equired, o r a d ischarge is prohibited. T he N SRLs p rovide a l evel o f e xposure at o r b elow w hich a w arning is n ot r equired, a nd a discharge is n ot p rohibited. U se o f t he N SRLs is n ot mandatory. T he i mplementing r egulations a llow a b usiness t o ca lculate i ts o wn l evel a nd p rovide guidance i n o rder t o a ssist b usinesses i n d oing s o14.

However, c onducting s uch a p rocess ca n b e e xpensive 12 S ee Health and Safety Code

section 25249.11 (b). 13 S ee Health and Safety Code

section 25249.11 (b). 14 T itle 27, Cal. Code of Regs.,

section 25701 et seq. and t ime c onsuming, a nd t he r esulting l evels m ay not b e d efensible i n a n e nforcement a ction. O EHHA is n ot a ware o f a ny c ost i mpacts t hat a r epresentative private p erson o r b usiness w ould n ecessarily i ncur i n reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES OEHHA h as d etermined t hat t he p roposed r egulation will n ot i mpose a ny m andatory r equirements o n s mall business.

R ather, t he p roposed N SRLs w ill p rovide compliance a ssistance f or s mall b usinesses s ubject to P roposition 6 5 b ecause t hey w ill h elp b usinesses determine w hether o r n ot a n e xposure f or w hich t hey are r esponsible is s ubject t o t he w arning r equirement or discharge prohibition of Proposition 65.

CONSIDERATION OF ALTERNATIVES Government C ode se ction 1 1346(a)(13) r equires that a r ulemaking ag ency m ust d etermine t hat n o reasonable a lternative c onsidered b y t he ag ency o r that h as o therwise b een i dentified a nd b rought t o the a ttention o f t he ag ency w ould b e m ore e ffective in ca rrying o ut t he p urpose f or w hich t he a ction is proposed, w ould b e a s e ffective a nd l ess b urdensome to a ffected p rivate p ersons t han t he p roposed a ction, or w ould b e m ore c ost–effective t o a ffected p rivate persons a nd e qually e ffective i n i mplementing t he statutory p olicy o r o ther p rovision o f l aw t han t he proposal described in this Notice.

A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA h as p repared a nd h as a vailable f or public r eview a n I nitial S tatement o f R easons f or the r egulation, a ll t he i nformation up on w hich t he regulation is b ased, a nd t he t ext o f t he r egulation. A copy o f t he I nitial S tatement o f R easons, t he t ext o f the r egulation a nd t he d ocuments r elied o n t o d evelop the p roposed r egulation a re a vailable up on r equest from O EHHA a t t he a ddress a nd t elephone n umber indicated ab ove.

T hese d ocuments a re a lso p osted o n OEHHA ’s website at www.oehha.ca.gov. A V AILABILITY OF CHANGED OR MODIFIED T EXT The f ull t ext o f a ny r egulation w hich is c hanged o r modified f rom t he e xpress t erms o f t his p roposed a ction will b e m ade a vailable a t l east 1 5 d ays p rior t o t he d ate on w hich O EHHA a dopts t he r esulting r egulation. Notice o f t he c omment p eriod o n c hanged r egulations and t he f ull t ext w ill b e m ailed t o i ndividuals w ho

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1506 testified or submitted written comments at the public hearing, if held, or whose comments were received by OEHHA during the public comment period, and anyone who requests notification from OEHHA of the availability of such changes. Copies of the notice and the changed regulation will also be available on the OEHHA website at www.oehha.ca.gov.

FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons for this regulatory action may be obtained, when it becomes available, from OEHHA at the address and telephone number indicated above, and on the OEHHA website at www.oehha.ca.gov. GENERAL PUBLIC INTEREST DEPARTMENT OF REAL ESTATE NOTICE OF HEARING BY THE REAL ESTATE COMMISSIONER: ANNUAL FEE REVIEW — REQUIRED BY STATUTE Real Estate Commissioner Douglas R.

McCauley proposes to consider whether the fees charged by the Department of Real Estate (“DRE”) should be lower than the maximum amount allowed pursuant to California Business and Professions Code (“the Code”) Sections 10209.5, 10210, 10214.5, 10215, 10250.3 and 11011. The Commissioner’s consideration will include all comments, objections and recommendations regarding such fees. PUBLIC HEARING ANNOUNCEMENT Sections 10226 and 11011 of the Code require, among other things, that at least one regulation hearing be held each calendar year to determine if fees lower than those authorized under

Section 10226.5 (

b) of the Code should be prescribed. The hearing referred to below shall serve as the regulation hearing for the purpose of satisfying the requirement of Sections 10226 (

a) and 11011(

a) of the Code. DRE may present, at this hearing, relevant data compiled by the DRE, and other sources, if appropriate, that have been used or which may be used in making the determination if fees should be lower. There is no proposal to adopt, amend and/or repeal any sections of the California Code of Regulations (CCR) at this time. However, the Commissioner wishes to consider all comments, objections and recommendations regarding such fees.

DRE will hold a public hearing starting at 10:00 a.m., on Tuesday, December 14, 2021, at the DRE’s Sacramento Office, located at 1651 Exposition Boulevard, Sacramento, California. The hearing room is wheelchair accessible. At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony. DRE is also making this year’s hearing available online via the Zoom App.

Members of the public may register in advance at: https://us06web.zoom.us/meeting/register/ tZApceuvrj0iGdFgZHL TdmrkJmTVI06–FR9H. Registrants will receive a confirmation email with information about joining the meeting. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to DRE’s fee structure. The written comment period closes on December 14, 2021. All written comments must be received by 5:00 p.m. on that date at DRE’s Sacramento Office as follows: Daniel E. Kehew, Real Estate Counsel California Department of Real Estate P .O.

Box 137007 Sacramento, CA 95813–7007 Email: DRE.RegComments@dre.ca.gov Telephone: (916) 576–7842 Backup contact person for this proposed action is Stephen M. Lerner at (916) 576–8100. DRE will mail or deliver a copy of this Hearing Notice to DRE’s list of interested persons including: 1. Every person who has filed a Request for Notice of Regulatory Action with DRE. 2. The Secretary of the Business, Consumer Services and Housing Agency. 3. A substantial number of real estate brokers.

They are predominantly small businesses, some of which may be affected by any fee adjustment. (To restate: This announcement involves no such adjustment.) DRE has no way of knowing which licensees are small businesses. 4. The California Association of Realtors (a real estate licensee trade organization) and the California Building Industry Association (a home builders trade organization). 5. A substantial number of land developers. Not small businesses by definition, they may, nevertheless, be affected by any fee adjustment. (To restate: This announcement involves no such adjustment.)

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1507 DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA STATE SAFE HARBOR AGREEMENT PROGRAM ACT CONSISTENCY DETERMINATION NUMBER 2089–2021–001–06 Project: Reintroduction of the Amargosa Vole ( Microtus californicus scirpensis) in Shoshone, California Location: Shoshone, Inyo County Applicant: Susan Sorrells Background Ms.

Susan Sorrells (Landowner) is voluntarily undertaking a federal Safe Harbor Agreement (SHA) for the Amargosa vole (Microtus californicus scirpensis) for the purpose of implementing conservation measures for the Amargosa vole through the translocation and reintroduction of the subspecies to suitable habitat on lands owned and managed by the Landowner, and to maintain habitat for the subspecies on Landowner lands. The United States Fish and Wildlife Service (USFWS) issued a federal SHA and a federal 10(a)(1)(

A) enhancement of survival permit (No. ES84163D) (Permit) on March 8, 2021, in effect for 30 years. The Permit authorizes take of Amargosa vole that is likely to occur incidental to management actions associated with the translocation and reintroduction of Amargosa vole (Beneficial Management Activities) and other management actions on the Landowner’s property. The Beneficial Management activities have been developed with the intent to establish a self– sustaining population of Amargosa voles, providing a net conservation benefit to the subspecies. The Landowner’s property (Enrolled Lands) is located in the community of Shoshone, Inyo County, and consists of two parcels:

(1) APN 046–120–26 (220 acres) and

(2) APN 046–120–25 (247 acres), totaling 467 acres. While the federal SHA covers the entire 467 acres, Beneficial Management Activities will only occur in approximately 0.5 acres of marsh habitat within the Enrolled Lands where restoration activities have previously been implemented by the Landowner to return the habitat to its natural condition. This area (Core Area) consists of three connected marsh sites on the west side of State Route (SR) 127 near the north end of Shoshone. It is bordered on the east by Old State Highway CA 127 and lies south of the community swimming pool at the Shoshone Trailer RV Park.

The purpose of designating a distinct Core Area within the broader Enrolled Lands is to: (1) authorize incidental take of Amargosa voles in marsh habitat where Beneficial Management Activities will occur (i.e., Core Area); and (2) authorize incidental take in areas adjacent to the Core Area that may contain suitable habitat but may not be consistently supplied with water from Shoshone Spring, where other management activities will occur, and where Amargosa voles could migrate through or into.

Amargosa voles currently do not occur in Shoshone, although Shoshone is the type locality for the subspecies and is within its historical range. Key factors in the USFWS’s determination that the Core Area will serve as high–quality habitat for Amargosa vole reintroduction include: ● It is within the historical range of the Amargosa vole and constitutes a portion of the subspecies type locality; ● It will receive consistent, sufficient, and stable water from Shoshone Spring to support marsh vegetation; and ● It is geographically isolated from disease threats identified in other portions of the subspecies’ range.

In November 2013, the Bureau of Land Management (BLM) established an informal ad hoc Amargosa Vole Recovery Team that includes the USFWS, the Landowner, and the Cooperators (California Department of Fish and Wildlife [CDFW], UC Davis, BLM’s Barstow field office, and Shoshone Village, as well as UC Berkeley and the United States Geological Survey [USGS]), which has met regularly to identify and characterize threats, and to discuss, advise, strategize, fund and implement recovery actions for the subspecies.

The federal SHA was developed to identify activities the Landowner can implement to promote the conservation and recovery of the Amargosa vole in collaboration with the USFWS and the ad hoc Amargosa Vole Recovery Team partners who will perform vole translocation, monitoring, and research.

These activities are summarized below and are fully described in the following documents: ● Safe Harbor Agreement for the Reintroduction of the Amargosa vole (Microtus californicus scirpensis) in Shoshone, California, Susan Sorrels and United States Fish and Wildlife Service (USFWS) ● Safe Harbor Agreement Federal Permit ES84163D. USFWS.

Signed March 3, 2021 Covered Activities Beneficial Management Activities have been designed in a collaborative effort with multiple agencies, organizations and private entities including the Landowner, the USFWS, CDFW, the USGS, UC Davis, and BLM and include the following: ● Translocation and Reintroduction of Amargosa voles to the Core Area. The general methods

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1508 for translocating Amargosa voles to the Core Area are described in Appendix 2 of the federal SHA. Reintroduction activities are expected to continue for 10 years or longer until a sustainable population of Amargosa voles is established. ● Restoration Activities. Restoration activities will continue to be implemented to conserve intact native habitats, to allow for the establishment of native plant species, and to potentially expand the amount of available habitat for the Amargosa vole.

Active restoration efforts within the Core Area and near or within the proposed reintroduction sites will include control and eradication of cattail (Typha latifolia ) growth, planting of Olney’s three–square bulrush (Schoenoplectus americanus), and monitoring of spring dynamics considered influential to maintaining viable vole habitat. ● Biological Monitoring and Research Activities. Biological monitoring for habitat suitability and for the presence of Amargosa voles will be conducted annually for five years from the initiation of reintroduction activities and at minimum of every five years thereafter.

The Landowner will also coordinate with the USFWS and the ad hoc Amargosa Vole Recovery Team partners to evaluate translocated populations for density and time to extinction at a target timeframe of every five years post–translocation to ensure that new populations become sustainable and can persist without continual augmentation. ● Compliance Monitoring Activities.

The USFWS will be allowed reasonable access to the Core Area and broader Enrolled Lands in order to monitor compliance with the implementation of Management Activities and avoidance and minimization measures in the federal SHA. ● Incidental Take Monitoring and Reporting Activities. The USFWS and ad hoc Amargosa Vole Recovery Team partners will be allowed reasonable access to the Core Area and broader Enrolled Lands to monitor for incidental take of Amargosa voles, and for reporting of incidental take if and when it occurs. ● Adaptive Management Actions.

The USFWS and ad hoc Amargosa Vole Recovery Team partners will be allowed reasonable access to the Core Area and broader Enrolled Lands to develop and implement adaptive management protocols and processes. Other management activities include activities that could occur in the Core Area and activities that could occur outside of the Core Area within the Enrolled Lands.

Other activities within the Core Area include the following: ● Other habitat restoration activities (e.g., trash removal) ● Retiring, maintaining, improving, and creating walking trails for recreational and educational use ● Remedial erosion and flooding management ● Installation of interpretive/educational signage ● Interpretive/educational events ● Maintenance activities for pupfish habitat ● Activities considered to be force majeure (e.g., law enforcement and emergency response including patrols, incident response, human or fish/wildlife injury, or search and rescue of lost visitors) Other activities that could occur outside of the Core Area but within the Enrolled Lands include those described in the Core Area and also include the following: ● Retiring, maintaining, improving, and creating trails and roads ● Maintaining and improving existing facilities, or creating new facilities such as campgrounds and/ or parking lots in previously developed areas ● Law enforcement and emergency response ● Remedial erosion and flooding management ● Limited sampling for research activities, including archaeological investigations and cultural site protection projects ● Recreational activities on approved trails or areas that could include hiking, horseback riding bicycling, camping, and picnicking activities ● Wildfire fuel modification activities around existing buildings ● Special events ● Continued public use Consistency Determination Request The federal SHA is expected to result in a net conservation benefit to the Amargosa vole over the 30–year term by re–establishing a population within their historical range; providing areas where suitable habitat for the Amargosa vole will be maintained, protected, and remain relatively undisturbed; increasing population redundancy within the subspecies’ range; and reducing the potential for local extirpation and extinction due to stochastic events (e.g., wildfire, disease) within the subspecies’ limited existing occupied habitat, while giving assurances to the Landowner that no additional future regulatory restrictions will be imposed as a result of conservation actions.

On September 15, 2021, the Director of CDFW received a letter from Landowner requesting a

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1509 determination pursuant to California Fish and Game Code

Section 2089.22 that the federal SHA and its related federal 10(a)(1)(

A) enhancement of survival permit are consistent with the California State Safe Harbor Agreement Program Act (CSSHAPA) for Amargosa vole on the Enrolled Lands (Cal. Reg. Notice Register 2021, No. 40–Z, p. 1379). Determination CDFW has determined that the federal SHA, including Permit No. ES84163D, with proposed incidental take of the Amargosa vole, is consistent with CSSHAPA because the conservation, avoidance, and minimization measures contained in the federal SHA and its related federal 10(a)(1)(

A) enhancement of survival permit meet the conditions set forth in California Fish and Game Code

section 2089.6 for authorizing incidental take of species listed under the California Endangered Species Act. Specifically, CDFW finds that: (1) take of the Amargosa vole will be incidental to an otherwise lawful activity; (2) implementation of the federal SHA is reasonably expected to provide a net conservation benefit to the Amargosa vole; (3) the Project will not jeopardize the continued existence of the Amargosa vole; (4) the Landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized by the federal SHA, including returning to baseline conditions; (5) the federal SHA has established an approved monitoring program;

(6) CDFW has determined that sufficient funding is ensured to complete surveys on the property and there is sufficient funding to carry out management actions and monitoring for the duration of the federal SHA; and (7) implementation of the federal SHA is not in conflict with a CDFW–approved conservation or recovery program for the Amargosa vole.

Avoidance and Minimization Measures The avoidance and minimization measures in the federal SHA include, but are not limited to, the following: ● Clearly marked work areas will be established prior to project activities within Amargosa vole habitat; ● Human access to the Core Area will be allowed only when necessary to carry out Management Activities or for recreational use of existing walking trails; ● Existing trails will be used as much as possible to enter the Core Area; ● When existing trails are not available, the Landowner will designate clearly marked footpaths to be used to access the Core Area; and ● Dogs will be kept on leashes at all times, and signs indicating this will be clearly posted in campgrounds and other public use areas in the Core Area and Enrolled Lands.

Monitoring and Reporting Measures ● The Landowner will coordinate with the USFWS and the ad hoc Amargosa Vole Recovery Team partners to conduct annual habitat assessment surveys in the Core Area for a five–year period following the initial translocation and reintroduction of Amargosa vole. After the annual five–year survey has been fulfilled, surveys will be conducted at a minimum of once every five years for the remainder of the Permit term, or as deemed necessary by the Landowner, USFWS, and the ad hoc Amargosa Vole Recovery Team partners.

Surveys will follow the most recent protocols and guidance. ● The Landowner will coordinate with the USFWS and the ad hoc Amargosa Vole Recovery Team partners to conduct annual visual surveys for Amargosa voles in the Core Area for a five– year period following the initial translocation and reintroduction of Amargosa voles.

After this five–year survey period has been fulfilled, surveys will be conducted at a minimum of once every five years for the remainder of the Permit term, or as deemed necessary. ● The Landowner will coordinate with the USFWS and the ad hoc Amargosa Vole Recovery Team partners to conduct trapping surveys for population monitoring of Amargosa voles in the Core Area as it is determined to be beneficial for evaluating and managing the establishment of a new population, and as funding appropriation allows. Trapping surveys will be conducted under the auspices of

section 10(a)(1)(

A) recovery permits that have been previously issued by the USFWS to the ad hoc Amargosa Vole Recovery Team partners, and will implement all avoidance and minimization measures contained in the permits. ● The Landowner will provide an annual report to the USFWS, due January 31 for the prior calendar year, for the duration of the Permit. The annual report should include a

summary of all Management Activities and Avoidance and Minimization Measures that were implemented during the period covered by the report, as well as a

summary of all results from habitat, visual, and trapping surveys that were conducted. ● The Landowner will allow reasonable access by the USFWS or other agreed–upon parties into the Core Area for purposes related to the federal SHA, including confirmation of Amargosa voles occupying Core Area marsh habitat and the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1510 capture and translocation of Amargosa voles for purposes described in the federal SHA. Although not a condition of the federal SHA, CDFW requests that the Landowner coordinate with the USFWS and CDFW at regular intervals, agreed upon by all parties, to evaluate and implement potential adaptive management procedures if necessary. Financial Assurances Funding of this Agreement will be provided by the Landowner and supplemented, if possible, with any grant funding obtained to assist in defraying the cost of the development and implementation of the federal SHA. Incidental Take Authorization Pursuant to Fish and Game Code

section 2089.22(a), if a federal SHA is approved pursuant to applicable provisions of federal law and the federal SHA includes species that are both federal and State listed, no further approval under the State Safe Harbor Agreement Program Act (Fish & G. Code, § 2089.2 et seq.) is required for incidental take of those species provided the Landowner implements the Project and future land and water use and management practices as described in the approved federal SHA and CDFW determines the federal SHA is consistent with applicable criteria.

Additionally, the Landowner must adhere to all measures contained in the approved federal SHA and comply with other conditions described in the federal 10(a)(1)(

A) enhancement of survival permit. If there are any substantive changes to the federal SHA or if the USFWS amends or replaces the federal 10(a)(1)(

A) enhancement of survival permit, the Landowner shall be required to obtain a new consistency determination from CDFW (see generally Fish & Game Code, §§ 2081.1, 2081, subdivisions (

b) and (c)). Any CDFW authorization pursuant to Fish and Game Code

section 2089.22(

a) to take species identified in a federal SHA shall terminate immediately upon the expiration or termination of the federal SHA. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code

Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING On December 16, 2021, at 10:00 a.m. via the following: ● Video–conference at www . webex.com (meeting ID 268 984 996) ● Teleconference at (844) 992–4726 (Access code 268 984 996) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety and health.

BUSINESS MEETING On December 16, 2021, at 10:00 a.m. via the following: ● Video–conference at www . webex.com (meeting ID 268 984 996) ● Teleconference at (844) 992–4726 (Access code 268 984 996) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request.

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

Accommodations can include modifications of policies or procedures or provision of auxiliary aids or services. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer– Aided Transcription System or Communication Access Realtime Translation (CART), a sign– language interpreter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation requests should be made as soon as

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1511 possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

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

State Water Resources Control Board File # 2021–1007–03 Waste Discharge Requirement Fees — Winery Process Water This emergency regulatory action by the State Water Resources Control Board is the annual adjustment to fees assessed to persons issued waste discharge per- mits. These fees are adjusted each fiscal year to con- form to the revenue levels set forth in the Budget Act. Pursuant to Water Code

section 13260(f)(2), this ac- tion is a statutorily deemed emergency, is not subject to review by the Office of Administrative Law, and shall remain in effect until revised by the state board. Title 23 Amend: 2200 Filed 10/18/2021 Effective 10/18/2021 Agency Contact: Glen Osterhage (916) 341–5032 California Gambling Control Commission File # 2021–0830–03 Update for Non–Commission Forms In this regular rulemaking, the California Gambling Control Commission (the “Commission”) is updating references to non–Commission forms.

Title 04 Amend: 12112, 12114, 12492, 12500, 12503 Filed 10/18/2021 Effective 01/01/2022 Agency Contact: Josh Rosenstein (916) 274–5823 California Prison Industry Authority File # 2021–0811–01 Inmate Pay Rates,

Schedule and Movement (Remove the Word Work) This action by the California Prison Industry Authority (CALPIA) amends

Section 8006 to re- move the word “work” from phrases in the text and add terms necessary to make clear that inmates in all types of CALPIA assignments are compensated as CALPIA has educational, vocational training, and work programs. Title 15 Amend: 8006 Filed 10/20/2021 Effective 01/01/2022 Agency Contact: Moira Doherty (916) 413–1140 Commission on Peace Officer Standards and Training File # 2021–0504–02 Removal of “PAM” from Commission Regulations and Procedures This proposed rulemaking action by the Commission on Peace Officer Standards and Training eliminates references to the POST Administrative Manual (“PAM”), removes the reference to the Public Safety Dispatchers’ Basic Course in

section 1059, and revises terminology to improve consistency. Title 11 Amend: 1001, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014, 1015, 1016, 1018, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1070, 1080, 1081, 1082, 1083, 1084, 1950, 1953, 1954, 1955, 1956, 1959, 1960 Filed 10/15/2021 Effective 01/01/2022 Agency Contact: Katie Strickland (916) 227–2802 Department of Corrections and Rehabilitation File # 2021–0914–04 PREA Consistent with the Prison Rape Elimination Act (PREA), this action amends

section 3411 of Title 15 of the California Code of Regulations to specify that employees or contractors of the Department of Corrections and Rehabilitation have a continuing duty to report having engaged in sexual abuse in any prison or other facility and any conviction or administrative or civil determination of having engaged or attempted to engage in sexual activity in the community facili- tated by force, threat, or coercion, or where the victim did not or could not consent.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 44-Z 1512 Title 15 Amend: 3411 Filed 10/20/2021 Effective 01/01/2022 Agency Contact: Renee Rodriguez (916) 445–2217 Franchise Tax Board File # 2021–0907–02 Penalty for Failure to File Return upon Notice and Demand This action by the Franchise Tax Board (Board) allows the Board to impose the demand penalty al- lowed by Revenue and Taxation Code

section 19133 when taxpayers fail to file a tax return upon notice and demand by the Board. This action allows the Board to impose the demand penalty on individual taxpay- ers who received a proposed assessment of tax after receiving, and failing to respond to, a request for tax return or a demand for tax return for one of the four taxable years immediately preceding the subject tax- able year.

Title 18 Amend: 19133 Filed 10/19/2021 Effective 10/19/2021 Agency Contact: Jay Gottman (916) 845–4576 Public Employment Relations Board File # 2021–0823–02 Case Processing Procedures and SMCS Update In this regular rulemaking, the Public Employment Relations Board (the “Board”) is updating regulations that govern (1) the circumstances requiring Board members and employees to recuse themselves from proceedings; (2) the filing of exceptions to Proposed Decisions; (3) the use of discovery and motions in for- mal hearings; and (4) standards for obtaining contin- uances of a formal hearing.

Additionally, the Board is adopting regulations that update the fee structure for facilitation services by the State Mediation and Conciliation Service (SMCS). Title 08 Adopt: 32312 Amend: 32056, 32060, 32110, 32121, 32140, 32150, 32155, 32170, 32180, 32190, 32205, 32300, 32310, 32720, 32792, 32998, 32999, 93000, 93025, 93030, 93045, 93055, 93070, 93075 Filed 10/20/2021 Effective 01/01/2022 Agency Contact: J.

Felix De La Torre (916) 327–8381 State Lands Commission File # 2021–0616–02 Marine Invasive Species Program Standards In this regular rulemaking, the State Lands Commission (the “Commission”) is (1) changing the compliance dates for the Commission’s interim and final ballast water discharge regulations, (2) incorpo- rating the federal ballast water discharge standards into the Commission’s regulations, (3) establishing re- quirements to monitor the functionality of ballast wa- ter treatment systems, (4) prescribing procedures for the Commission to obtain ballast water and sediment samples for research purposes and compliance assess- ment, and (5) imposing recordkeeping requirements.

Title 02 Adopt: 2295, 2296, 2297 Amend: 2291, 2292, 2293, 2297 (renumbered to 2294) Repeal: 2294, 2295, 2296 Filed 10/14/2021 Effective 01/01/2022 Agency Contact: Patrick Huber (916) 574–0728 California Horse Racing Board File # 2021–0907–01 Intra–articular Injections Restricted This action establishes requirements and restrictions for administering and receiving treatment by intra– articular joint injection.

Title 04 Adopt: 1866.3 Amend: 1588 Filed 10/19/2021 Effective 10/19/2021 Agency Contact: Zachary Voss (916) 263–6036 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol- ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www .oal.ca.gov.