REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 12−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 22, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. OFFICE OF TAX APPEALS Conflict−of−Interest Code — Notice File No. Z2019−0312−01 ......................................... 463 TITLE 13. CALIFORNIA HIGHWAY PATROL Drivers’ Hours−of−Service — Notice File No. Z2019−0312−02 ......................................... 463 TITLE 13. NEW MOTOR VEHICLE BOARD Substitution of Withdrawal of Counsel — Notice File No.

Z2019−0307−02 ................................ 466 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Fire Safety Survey, 2019 — Notice File No. Z2019−0308−01 ........................................... 469 TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES Mental Health Services Act (MHSA) Fiscal Regulations — Notice File No.

Z2019−0308−02 .................. 473 RULEMAKING PETITION DECISIONS DEPARTMENT OF FOOD AND AGRICULTURE Notice of Decision on Petition from Stewart Townsend Concerning Acidophilus or Modified Milk ................................................................................ 479 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Notice of Decision on Petition from Leonard Lang Concerning Beverage Container Recycling Program ............................................................................. 480

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 481 Sections Filed, October 10, 2018 to March 13, 2019 .................................................. 483 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 463 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. OFFICE OF TAX APPEALS NOTICE OF INTENTION TO ESTABLISH CONFLICT−OF−INTEREST CODE OF THE OFFICE OF TAX APPEALS NOTICE IS HEREBY GIVEN that the Office of Tax Appeals, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes to es- tablish its conflict−of−interest code. A comment period has been established commencing March 22, 2019 and closing on May 6, 2019. All inquiries should be directed to the contact listed below. The Office of Tax Appeals proposes to establish its conflict−of−interest code to include employee positions that involve the making or participation in the making of governmental decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. Any interested person my submit written statements, arguments, or comments relating to the proposed Code by submitting them in writing no later than May 6, 2019, or at the conclusion of the public hearing, if a hearing is requested, whichever comes later, to the con- tact person set forth below. At this time, no public hearing has been scheduled. If any interested person requests a hearing, he or she must do so no later than 15 days prior to the end of the public comment period, by contacting the contact person set forth below.

The Office of Tax Appeals has determined that the proposed conflict−of−interested code: 1. Imposes no mandate on local agencies or school districts. 2. Imposes no costs or savings on any state agency. 3. Imposes no costs on any local agency or school district that are required to be reimbursed under

part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary cost or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses.

All inquiries concerning this proposed conflict−of− interest code and any communications required by this notice should be directed to: Jeanna Wimberly, Filing Officer (916) 206−3720 jeanna.wimberly@ota.ca.gov In the event the contact person is unavailable, in- quiries should be directed to: Lina Newson (916) 208−2771 linda.newson@ota.ca.gov TITLE 13. CALIFORNIA HIGHWAY PATROL TITLE 13, CALIFORNIA CODE OF REGULATIONS DIVISION 2,

CHAPTER 6.5, AMEND

ARTICLE 3. GENERAL DRIVING REQUIREMENTS, SECTIONS 1201, 1212, AND 1212.5 DRIVERS’ HOURS−OF−SERVICE (CHP−R−2015−01)

Section 2400 of the California Vehicle Code (CVC) authorizes the Commissioner of the California High- way Patrol (CHP) to enforce laws regulating the safe operation of motor vehicles.

Section 2402 CVC autho- rizes the Commissioner to make and enforce regula- tions as necessary to carry out the duties of the CHP. Sections 32002, 34501, 34501.2, and 34501.5 CVC al- low the CHP to adopt reasonable rules and regulations which are designed to promote the safe operation of ve- hicles described in

Section 34500 CVC, which are com- mercial vehicles, commonly referred to as “regulated” vehicles (motor trucks, tractor−trailer combinations, buses, etc.). The adopted regulations are contained in Title 13 of the California Code of Regulations (CCR). The CHP proposes to amend the Motor Carrier Safety Regulations contained in Title 13 CCR to be consistent with the CVC and the current version of adopted federal regulations in Title 49 of the Code of Federal Regula- tions (CFR),

Part 395.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 464 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The definition for “On−duty Time” in Title 13 CCR,

Section 1201(u), is no longer consistent with the same definition found in Title 49 CFR,

Section 395.2. Cur- rent federal regulation, contained in Title 49 CFR, re- quires states to remain compatible with federal regula- tions 1. Therefore, current state regulations, contained in Title 13 CCR,

Section 1201, are incompatible for fed- eral funding purposes. Additionally, this inconsistency places California drivers in a competitive disadvantage when compared with similar drivers engaged in inter- state commerce. Currently, the provisions, contained in

Section 395.2 of Title 49 CFR, allow for time spent rest- ing in or upon a parked vehicle, and up to two hours in the passenger seat immediately before or after a period of at least eight hours in the sleeper berth, to not be counted as on−duty time. Title 13 CCR,

Section 1201(u), will be amended to add the same two provi- sions to be utilized by drivers engaged in intrastate commerce. This rulemaking also clarifies that a driver who oper- ates a vehicle for a public utility or public water district i s exempt from all hours−of−service (HOS) regulations and associated recordkeeping provided they are not transporting hazardous materials, as those terms are de- fined in

Section 171.8 of Title 49 CFR. The utility ser- vice vehicle (USV) HOS exemption was ratified by the California State Legislature in 2009 and became effec- tive January 1, 2010 (Section 34501.2[b][3] CVC). This exemption is essentially identical to an exemption, effective September 4, 2007, adopted by the Federal Motor Carrier Safety Administration and published in the Federal Register, V ol. 72, No. 128, July 5, 2007. The current exemption, contained in Title 13 CCR,

Section 1212(i), provides relief from HOS regulations only dur- ing the emergency restoration of services in the event of a power, gas, or water outage and has been rendered moot by the blanket HOS exemption granted to USV drivers by

Section 34501.2(b)

(3) CVC. Additionally, this regulatory action adds clarifying language to the HOS exemption afforded to drivers transporting farm products from the field to the first point of processing, the 100 air−mile radius driver ex- emption, and makes nonsubstantive changes to regula- tory language in Title 13 CCR, Sections 1212(e)(4) and (k), thereby lending clarity to existing rules. The current language merely reiterates the statutory exemption pro- vided by

Section 34501.2(c)

(1) CVC; however, the ap- plication of the exemption is often interpreted incor- rectly. These amendments should effectively eliminate confusion surrounding the appropriate application of this HOS exemption by industry and law enforcement.

In recent years, the CHP has been contacted by nu- merous government agencies within the State of Cali- fornia, such as the Los Angeles County Department of Public Works and the Office of Emergency Services, re- questing temporary exemptions from all drivers’ HOS rules for drivers of commercial motor vehicles with a gross vehicle weight rating or gross vehicle weight over 10,000 pounds, employed by those agencies, during the emergency restoration of basic essential public services and related operations. The Department relies on the provisions of Title 13 CCR,

Section 1202(e), which provides authority to the Commissioner to grant limited exemptions to HOS requirements during similar emer- gency events. The process, from first determining the need for an exemption to requesting and obtaining an exemption, often takes several hours, or even days, which in turn delays the critical response of local gov- ernments regarding emergency restoration of basic es- sential public services. This amendment would simpli- fy the process and provide local government immediate discretion regarding the utilization of a 72−hour exemp- tion during emergency restoration efforts.

This rule- making will adopt an exemption from drivers’ HOS limits to the extent permitted by statute contained in

Section 34501.2 CVC, for drivers employed by the State of California, a city, a county, a city and county agency, or any political subdivision thereof during the emergency restoration of basic essential public services and related operations. This regulatory action will also make a change to tow truck drivers’ HOS by providing a limited extension of the driver’ s work period. This limited extension of the driver’s work period is provided in support of public safety in order to ensure tow operators have sufficient driving hours available to remove disabled vehicles and restore the roadway in a timely manner.

Additionally, this exemption will ensure tow operators are available to assist with disabled vehicles and their occupants, par- ticularly if the request for assistance is arranged by a law enforcement agency. The proposed exception is in- consistent with existing drivers’ HOS limits applicable to drivers engaged in intrastate transportation of general freight; however, the proposed exception is consistent with the Federal Motor Carrier Safety Assistance Pro- gram drivers’ HOS tolerance guidelines contained in Title 49 CFR,

Part 350.341, applicable to state drivers’ HOS requirements. Historically, due to the unique na- ture of tow truck operations, compliance with conven- tional drivers’ HOS limits has proven difficult. For ex- ample, tow truck operations in rural areas are operated by a few employees and often require drivers to drive long distances to reach the location of the disabled vehi- cle or blocked roadway. Additionally, these unplanned 1

Section 355.25 of Title 49, CFR

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 465 incidents occur at any time throughout the day or night. This exemption will permit drivers of tow trucks to drive commercial vehicles for not more than 12 non- consecutive hours since first reporting for duty, without being limited by driving only within the first 16 hours since reporting for duty. Finally, this rulemaking would clarify the language related to the HOS requirements for drivers of buses and trucks being operated in intrastate commerce.

Current- ly, the regulations combine the requirements for bus drivers, truck drivers, and flammable−liquid tank vehi- cles within the same subdivision. This could lead to confusion as to the specific requirements for the driver of each vehicle type. The proposed changes will refor- mat the section, providing greater clarity, as well as con- sistency with the same limitation prescribed pursuant to

Section 34501.2(b)

(1) CVC. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS The CHP has determined the proposed regulations are neither inconsistent, nor incompatible, with existing regulations. After conducting a review of existing state regulations for any regulations that would relate to or affect this area, the CHP has concluded that these are the only regulations that concern HOS.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION This amendment would continue to provide a non- monetary benefit to the protection and safety of public health, employees, and the environment by providing a regulatory authority for enforcement efforts as they re- late to violations of HOS regulations. WRITTEN COMMENT PERIOD Any interested person may submit written comments on this proposed action, via facsimile at (916) 322−3154, by electronic mail to cvsregs@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Officer David Kelly P.O. Box 942898 Sacramento, CA 94298−0001 Written comments will be accepted until 5:00 p.m., on May 6, 2019. No public hearing has been scheduled. If any person desires a public hearing, a written request must be re- ceived by the CHP, Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. 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 regulation text. Re- quests to review or receive copies of this information should be directed to the CHP at the above address, by facsimile at (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 the event the requester’s information is incomplete or illegible. The rulemaking file is available for inspection at CHP, CVS, 601 North 7th Street, Sacramento, CA 95811. Interested parties are advised to call for an ap- pointment. All documents regarding the proposed ac- tion are available through the CHP’s website at: https://www.chp.ca.gov/News−Alerts/Regulatory− Actions.

Any substantial changes to the original proposal will be available for at least 15 days prior to the CHP adopt- ing this resulting regulation. Any person desiring to obtain a copy of the adopted text and a final statement of reasons may request them at the above−noted address. Copies will also be posted on the CHP’s website. CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations, or questions regard- ing the content of the proposed regulations, should be directed to Officer David Kelly or Sergeant Jaime Nunez, 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 with- out 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. DISCLOSURES REGARDING THE PROPOSED ACTION The CHP has made the following determinations:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 466 Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Significant statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code (GC) Sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: The CHP is not aware of any cost impacts which a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on small business: The CHP has determined that the proposed regulations will not affect small busi- ness. The overlying statute (Section 34501.2 CVC) mandates California’s drivers’ HOS regulations appli- cable to all drivers of commercial motor vehicles re- main consistent with federal drivers’ HOS regulations. This proposal will amend those regulations as required by statute.

However, the regulated community is en- couraged to respond during the public comment period of this regulatory process if significant impacts are identified. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The CHP has made an initial determination this pro- posed regulatory action: (1) is unlikely to create addi- tional jobs, nor eliminate any jobs in the State of Cali- fornia; (2) is unlikely to result in the elimination of ex- isting businesses, nor create or expand businesses in the State of California; (3) will continue to provide a non- monetary benefit to the protection and safety of public health, employees, and the environment by providing a regulatory authority for enforcement efforts as they re- late to violations of HOS. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine that no reasonable alternative con- sidered, or which has otherwise been identified and brought to the attention of the CHP, would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The CHP invites in- terested parties to present statements or arguments with respect to alternatives to the proposed regulations dur- ing the written comment period. AUTHORITY AND REFERENCE The authority and references for the adopted and amended sections contained in this rulemaking are as follows:

Section 1201 Note: Authority cited: Sections 31401, 34501, 34501.5, 34508, and 34520, Vehicle Code; and

Section 39831, Education Code. Reference: Sections 336, 378, 545, 546, 27375, 31401, 34501, 34501.2, 34501.5, 34508, and 34520, Vehicle Code; and

Section 39831, Education Code.

Section 1212 Note: Authority cited: Sections 31401, 34501, 34501.2, 34501.5, and 34508, Vehicle Code; and Sec- tion 39831, Education Code. Reference: Sections 545, 31401, 34501, 34501.2, 34501.5, and 34508, Vehicle Code; and

Section 39831, Education Code.

Section 1212.5 Note: Authority cited: Sections 31401, 34500.4, 34501, 34501.5, and 34508, Vehicle Code; and

Section 39831, Education Code. Reference: Sections 545, 31401, 34003, 34500.4, 34501, 34501.2, 34501.5, and 34508, Vehicle Code; and

Section 39831, Education Code. TITLE 13. NEW MOTOR VEHICLE BOARD NOTICE IS HEREBY GIVEN that the California New Motor Vehicle Board (“Board”), pursuant to the authority vested in the Board by subdivision (

a) of Vehi- cle Code

section 3050 proposes to adopt the proposed regulation as described below, after considering all comments, objections, and recommendations regard- ing the proposed regulatory action. PROPOSED REGULATORY ACTION The Board proposes to amend

section 551.25 of Title 13 of the California Code of Regulations pertaining to substitution or withdrawal of counsel. PUBLIC DISCUSSIONS PRIOR TO NOTICE Prior to the publication of this notice, the Board con- sidered and adopted the proposed regulation at a no- ticed General Meeting held on January 24, 2019. Four-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 467 teen days prior to the meeting, a detailed agenda includ- ing the consideration of the proposed text of the regula- tion was mailed to all individuals and entities on the Board’s Public Mailing list, Electronic Public Mailing list, and website subscription list. The agenda was also posted on the Board’s website. No comments by the public were received at the Janu- ary 24, 2019, General Meeting, and no further public discussion was held prior to publication of the notice.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any person interested, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board.

Comments may also be submitted by facsimile (FAX) at (916) 323−1632 or by e−mail at danielle.phomsopha@ nmvb.ca.gov or nmvb@nmvb.ca.gov. The written comment period closes at 5:00 p.m. on May 6, 2019. The Board will consider only comments received at the Board’s offices by that time. Submit comments to: Danielle R. Phomsopha, Staff Counsel New Motor Vehicle Board 1507 21st Street, Suite 330 Sacramento, CA 95811 (916) 327−3129 direct line (916) 445−1888 main line (916) 323−1632 fax danielle.phomsopha@nmvb.ca.gov AUTHORITY AND REFERENCE Vehicle Code

section 3050, subdivision (a), autho- rizes the Board to adopt the proposed regulation. The proposed regulation implements, interprets, and makes specific California Rules of Court Rule 3.1362, Rule 1.16 of the California Rules of Professional Conduct and

Section 284 of the California Code of Civil Procedure. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The adopted mission of the Board is to: “. . . enhance relations between dealers and manufacturers through- out the State by resolving disputes in the new motor ve- hicle industry in an efficient, fair and cost−effective manner.

The adopted vision statement provides that the Board safeguard for its “constituency, a fair, expedi- tious and efficient forum for resolving new motor vehi- cle industry disputes, which ultimately improves rela- tions and reduces the need for costly litigation and de- velop methods that further improve the delivery of Board services in a timely and cost−effective man- n e r...” The Board proposes to amend

Section 551.25 to re- flect recent changes made to the California Rules of Professional Conduct as referenced in the regulation and to make additional changes to ensure client confi- dentiality is protected.

Section 551.25(

b) describes how counsel of record must obtain permission from the Board to withdraw from a protest, petition or appeal. The proposed lan- guage describes the requirements of the written request that must be filed must satisfy the same requirements as those in the California Rules of Court. The reference

section is also amended to include the California Rules of Court as well as the updated Rule of Professional Conduct. OBJECTIVE AND ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The broad objective of the regulation is to clarify for litigants that appear before the Board the information necessary to effectively represent themselves or their clients. The specific benefit anticipated from the regulation is promoting the expeditious and economical resolution of statutorily enumerated disputes between new motor vehicle dealers (franchisees) and their manufacturers or distributors (franchisors).

The Board keeps these types of cases from further clogging our already congested courts. It provides a uniformity of decisions across the state, allowing franchisors and their dealers to conduct their business in compliance with California law. The regulatory amendments bring the Board’s regulations up to date with the most recent Rules of Professional Conduct as well as eliminate any possibility of a filing that may result in a breach of client confidentiality.

EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Board conducted an evaluation of the proposed regulation’s potential inconsistency or incompatibility

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 468 with existing state regulations and has found that it is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: • • Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Mandate on local agencies and school districts: None. • Cost or savings to any state agency: None. • Other nondiscretionary cost or savings imposed on local agencies: None. • Cost or savings in federal funding to the state: None. • Cost impacts on a representative private person or business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. • Significant statewide adverse economic impact directly affecting businesses, including the ability of California business to compete with businesses in other states: None. • Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Board concludes that the proposed regulations will not (1) create any jobs within the State of Califor- nia, (2) eliminate any jobs within the State of Califor- nia, (3) create any new businesses within the State of California, (4) eliminate any existing businesses within the State of California, or (5) cause the expansion of businesses currently doing business within the State of California.

BENEFITS OF THE REGULATION The proposed regulation will promote the expedi- tious and economical resolution of disputes between new motor vehicle dealers and their manufacturers or distributors. SMALL BUSINESS DETERMINATION The Board has determined that the proposed regula- tion will have no effect on small businesses. This deter- mination was made because no small businesses are legally required to comply with the regulation, are legally required to enforce the regulation, or derive a benefit from or incur an obligation from the enforce- ment of the regulation.

The proposed regulation merely clarifies case management for franchised new motor vehicle dealers and their franchisors (new vehicle man- ufacturers or distributors) who choose to file a protest, petition or appeal with the Board. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Board invites interested persons to present com- ments, statements or arguments with respect to alterna- tives to the proposed regulation, during the written comment period or at the public hearing, if one is requested. CONTACT PERSONS Please direct requests for copies of the proposed text (the “express terms”) of the regulation, the initial state- ment of reasons, the modified text of the regulation, if any, or other information upon which the rulemaking is based to Ms. Phomsopha at the following address: Danielle R.

Phomsopha, Staff Counsel New Motor Vehicle Board 1507 21st Street, Suite 330 Sacramento, CA 95811 (916) 327−3129 direct line (916) 445−1888 main line (916) 323−1632 fax danielle.phomsopha@nmvb.ca.gov The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 469 Robin P . Parker, Senior Staff Counsel New Motor Vehicle Board 1507 21st Street, Suite 330 Sacramento, CA 95811 (916) 323−1536 direct line (916) 445−1888 main line (916) 323−1632 fax robin.parker@nmvb.ca.gov A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION, AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, the initial statement of reasons, the Economic and Fiscal Impact Statement, and all the information upon which the proposal is based. Copies may be obtained by contacting the contact persons iden- tified above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulation as revised. Requests for copies of any modi- fied regulation should be addressed to the Board contact person or back−up contact person at the addresses indi- cated above. The Board will accept written comments on the modified regulation for 15 days after the date on which they are made available to the public.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion of the Final Statement of Reasons, copies thereof may be obtained by contacting Ms. Phomsopha or Ms. Parker at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout font can be accessed through the Board’s website at www.nmvb.ca.gov. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Fire Safety Survey, 2019” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,

Chapter 7, Subchapter 3,

Article 4 Adopt

Article 4 §§ 1267.00; 1267.01; 1267.02; 1267.03 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on Thursday, May 8, 2019, at its regularly scheduled meeting com- mencing at 9:00 a.m., at the Ramada Plaza, 685 Man- zanita Court, Chico, CA 95926. At the hearing, any per- son may present statements or arguments, orally or in writing, relevant to the proposed action. The Board re- quests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. Additionally, pursuant to Govern- ment Code (GOV) § 11125.1(b), writings that are pub- lic records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or dur- ing a meeting, pertaining to any item to be considered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on Monday, May 6, 2019.

The Board will consider only written comments re- ceived at the Board office by that time and those written comments received at the public hearing, including written comments submitted in connection with oral

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 470 testimony at the public hearing. The Board requests, but does not require, that persons who submit written com- ments to the Board reference the title of the rulemaking proposal in their comments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O.

Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989 Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) 14 CCR § 1122 Authority cited:

Section 4290.5, Public Resources Code. Reference: Sections 4290 and 4290.5, Public Re- sources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) California Public Resources Code (PRC) 4290.5 re- quires the board, in consultation with the State Fire Marshal, to identify existing subdivisions located in a state responsibility area or a very high fire hazard sever- ity zone, identified pursuant to

Section 51178 of the Government Code, without a secondary egress route that are at significant fire risk. The board is authorized to contract with technical assistants to perform this work. The problem is that there are no regulations govern- ing the identification and surveying of subdivisions at significant fire risk. The purpose of the proposed action is to establish the criteria for identifying subdivisions to survey under this program.

The effect of the proposed action is to create stan- dardized and transparent criteria for identifying subdi- visions to survey, resulting in clarity amongst the regu- lated public. The primary benefit of the proposed action is a clear, direct, and standardized subdivision identification process that maximizes efficiency, provides transparen- cy to the regulated public, and is utilized effectively to prevent property and life losses in the wildland−urban interface due to fire.

As a result, this regulatory action will have a positive effect on the protection of public health and safety, worker safety, and the environment. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). State regulations related to the pro- posed action were, in fact, relied upon in the develop- ment of the proposed action to ensure the consistency and compatibility of the proposed action with existing State regulations.

Otherwise, Board staff evaluated the balance of existing State regulations related to sec- ondary egress routes and found no existing State regula- tions that met the same purpose as the proposed action. Based on this evaluation and effort, the Board has deter- mined that the proposed regulations are neither incon- sistent nor incompatible with existing State regulations. The proposed regulation is entirely consistent and com- patible with existing Board rules.

Statute to which the proposed action was compared: Sections 4290, 4290.5, 4102, 4201, 4291, Public Re- sources Code; Sections 66424, 51178 Government Code. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations related to surveying subdivisions for fire safe access, in the SRA or otherwise. No existing Federal regulations meeting the same purpose as the proposed action were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 471 LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action may result in savings to a State agency by slowing or stopping wildfire and through increased government efficiency through the consolidation of several relevant regulatory sections in- to one

section and the reduction of duplicative or incon- sistent regulations. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating fire safety in land use and development in California that the Board brings to bear on regulatory development.

STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D). The proposed action: (

A) will not create jobs within California; (

A) will not eliminate jobs within California; (

B) will not create new businesses; (

B) will not eliminate existing businesses within California; (

C) will not affect the expansion or contraction of businesses currently doing business within California; (

D) will yield nonmonetary benefits. For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected.

BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV 11342.610) Small businesses, within the meaning of GOV § 11342.610, are not expected to be affected by the pro- posed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 472 Small business, pursuant to 1 CCR § 4(a): (1) is not legally required to comply with the regulation; (2) is not legally required to enforce the regulation; (3) does not derive a benefit from the enforcement of the regulation; (4) may not incur a detriment from the enforcement of the regulation if they do not comply with the regulation. Pursuant to 1 CCR § (b), the reason(

s) the regulation does not affect small business are the same as provided in the Economic Impact Analysis in the Initial State- ment of Reasons.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Ms. Han- nigan is not available is Eric Hedge, Regulations Coor- dinator for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or phone.

A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised.

Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: http://bofdata.fire.ca.gov/regulations/proposed_rule_ packages/

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 473 TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES SUBJECT: Mental Health Services Act (MHSA) Fiscal Regulations, DHCS−16−009 NOTICE IS HEREBY GIVEN that the Department of Health Care Services (Department) proposes changes to the California Code of Regulations, title 9, as follows:

Article 2.

Definitions — Adopting sections 3200.022, 3200.025, 3200.079, 3200.181, 3200.195, 3200.197, 3200.213, 3200.227, 3200.244, 3200.252, 3200.254.1, 3200.257, 3200.258, and 3200.323; and amending sections 3200.080, 3200.110, 3200.251 and 3200.260.

Article 4. Funding Provisions — Adopting sections 3420, 3420.10, 3420.15, 3420.20, 3420.25, 3420.30, 3420.35, 3420.40, 3420.45, 3420.50, 3420.55, 3420.60 and 3420.65.

Article 5. Reporting Requirements — Amending

section 3510; and adopting sections 3510.005 and 3510.030. WRITTEN COMMENT PERIOD Any interested person or his or her duly authorized representative may submit written comments to the De- partment relevant to the regulatory action described in this notice. Please label any comments as pertaining to MHSA Fiscal Regulations, DHCS−16−009 and submit using any of the following methods: Mail Delivery: Department of Health Care Services Office of Regulations, MS 0015 P.O.

Box 997413 Sacramento, CA 95899−7413 Hand Delivery: Department of Health Care Services Office of Regulations 1501 Capitol Avenue, Suite 5084 Sacramento, CA 95814 FAX: (916) 440−5748 Email: regulations@dhcs.ca.gov The written comment period closes at 5:00 p.m. on May 8, 2019, any written comments, regardless of the method of transmittal must be received by the Office of Regulations by 5:00 p.m. on this date for consideration. Written comments should include the author’s con- tact information so the Department can provide notifi- cation of any further changes to the regulation proposal.

A public hearing has not been scheduled for this rule- making. However, the Department will conduct a hear- ing if a written request for a public hearing is received from any interested person or his or her duly authorized representative, no later than 15 days prior to the close of the written comment period, pursuant to Government Code

Section 11346.8. The Department shall consider all comments re- ceived regarding the proposal equally, whether submit- ted in writing or through oral testimony at a public hearing. AUTHORITY AND REFERENCE These regulations are being proposed under the fol- lowing authority:

Section 5898, Welfare and Institutions Code. These proposed regulations implement, interpret, or make specific the following: Sections 5802, 5806, 5813.5, 5847, 5848, 5878.1, 5890, 5891, 5892, 5892.5, 5897, 5898, 5899 and 5899.1, Welfare and Institutions Code; and

Section 30200, Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department’s mission is to provide Californians with access to affordable, integrated, high−quality health care, including medical, dental, mental health, substance use treatment services and long−term care. In support of this mission, the Department administers many health care programs including the MHSA. In November 2004, California voters approved Proposition 63, a ballot initiative that enacted the MHSA.

The MHSA imposes a one (1) percent tax on in- dividuals’ incomes over $1 million to provide funding to counties for designated community based mental health programs, which include Prevention and Early Intervention (PEI), Innovation (INN) and children and adult and older adult systems of care (Community Ser- vices and Supports (CSS)), plus the necessary infra- structure, technology, and training programs to support these needs. The State Controller deposits the tax rev- enue into a State Mental Health Services (MHS) Fund and makes monthly distributions to each County’s Lo- cal Mental Health Services (LMHS) Fund.

The MHSA became effective on January 1, 2005. The MHSA specifies the percentages that counties are to allocate to each type of program PEI, INN, and CSS and the amount of time that counties have to spend MHSA funds. Historically, counties had three years to

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 474 spend PEI, INN, and CSS funds and ten years to spend funds dedicated to capital facilities, technological needs, or education and training. If a County fails to spend funds for an authorized purpose within the speci- fied period, the unspent funds revert to the state to be re- distributed to other counties. The MHSA also requires counties to invest MHSA funds and to establish a Pru- dent Reserve, a type of rainy day fund.

Program History The former Department of Mental Health (DMH) was the state entity responsible for administering and overseeing county implementation of the MHSA. In June 2012 many of the functions performed by DMH were transferred to the Department pursuant to AB 1467 (Committee on Budget,

Chapter 23, Statutes of 2012) and DMH was streamlined to become the Cali- fornia Department of State Hospitals. AB 1467 also added Welfare and Institutions Code (W&I Code) sec- tion 5899 that requires the Department to develop and administer instructions for the “Annual Mental Health Services Act Revenue and Expenditure Report” (ARER), a report that counties are to submit to the De- partment annually. In 2016, the Legislature passed AB 1618 (Committee on Budget,

Chapter 343, Statutes of 2016) that amended W&I Code

Section 5899 to autho- rize the Department to withhold MHSA funds from a County that does not submit its ARER as specified by the Department.

In February 2018, the California State Auditor pro- duced Report 2017−117, The State Could Better Ensure the Effective Use of Mental Health Services Funding that is available at https://www.bsa.ca.gov/pdfs/report/ 2017−117.pdf (CSA Report) and concerns the funding and fiscal oversight of the MHSA. “To effectively mon- itor MHSA spending and provide guidance to the local mental health agencies . . . ,” the report recommended the Department, through the promulgation of regula- tions, develop an MHSA fiscal reversion process to en- sure that the State can reallocate any MHSA funds that local mental health agencies do not spend, clarify that interest earned on unspent MHSA funds are subject to reversion, and establish and enforce an MHSA prudent reserve level to allow local mental health agencies to maintain sufficient funds to continue providing crucial services in times of economic hardship.

Senate Bill 192 (Beall,

Chapter 328, Statutes of 2018) added W&I Code

section 5892(b)(2), which caps the amount a county can hold in its prudent reserve at 33 percent of the average CSS revenue the county received in the preceding five years. The bill also requires each county to calculate the amount of its prudent reserve and reassess and certify that amount every five years. In addition, the bill amends W&I Code

section 5892(h)(1) to make interest accrued on MHSA funds subject to reversion. W&I Code

section 5898 directs that “The State De- partment of Health Care Services, in consultation with the Mental Health Services Oversight and Accountabil- ity Commission, shall develop regulations, as neces- sary, for the State Department of Health Care Services, the Mental Health Services Oversight and Accountabil- ity Commission, or designated state and local agencies to implement this act.” The Department is fulfilling its statutory responsibility in submitting these proposed regulations that will better ensure the effective use of MHSA funds. Related Existing Laws and Regulations W&I Code

section 5890(

a) provides that MHS Fund money be continuously appropriated for MHSA pro- grams and related activities. Counties are required to use MHS Fund money to expand mental health services and only to pay for the programs authorized by the MHSA. (W&I Code, § 5891(a).) W&I Code

section 5891(

c) provides that the State Controller shall distrib- ute funds from the MHS Fund to each County’s LMHS Fund on a monthly basis. W&I Code

section 5892(

f) re- quires each County to invest its LMHS Fund balance “consistent with other County funds” and to transfer the interest it earns on the investments back into the LMHS Fund. W&I Code

section 5892(a)(3) directs each County to use twenty (20) percent of the funds distributed to the County from the MHS Fund on PEI programs. W&I Code

section 5892(a)(5) directs the County to use the “balance of funds . . . ” for the CSS programs.

Section 5892(a)(6) directs the County to use “Five percent of the total funding” for PEI and CSS programs for INN programs. Consistent with this statute, existing Califor- nia Code of Regulations (Cal.

Code Regs.), title 9, sec- tion 3930(d)(7) requires each County to document “that the source of Innovation Funds is 5 percent of the Coun- ty’s PEI allocation and 5 percent of the CSS allocation.” Each County is required to “prepare and submit a Three−Year Program and Expenditure Plan, and Annu- al Updates, adopted by the County Board of Supervi- sors, to the Mental Health Services Oversight and Ac- countability Commission and the State Department of Health Care Services.” (W&I Code, § 5847(a).) The County must base the Three−Year Program and Expen- diture Plan and Annual Updates on “. . . available un- spent funds and estimated revenue allocations provided by the state and in accordance with established stake- holder engagement and planning requirements as re- quired in

section 5848.” (W&I Code, § 5847(b); see al- so Cal. Code Regs., tit. 9, §§ 3300, 3310, 3315.) In addi- tion, all county expenditures of Local MHS Fund mon-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 475 ey must be “consistent with a currently approved plan or updates pursuant to

section 5847.” (W&I Code, § 5892(g); see also W&I Code § 5891(d).) W&I Code

section 5847(b)(1)−(4) and California Code of Regulations, title 9,

section 3310(

b) require County “Three−Year Program and Expenditure Plan and Annual Updates . . . ” to include PEI, CSS, INN, and Capital Facilities and Technological Needs (CFTN) programs. The plans and updates must also address workforce, education and training (WET) needs and the County’s Prudent Reserve. W&I Code

section 5892(b)(1) authorizes Counties to fund their CFTN, WET, and Prudent Reserve from CSS funds provided the total allocation “. . . not exceed 20 percent of the average amount of funds allocated to that County for the previous five years . . . ” A County may access its Prudent Reserve to “ensure the County program will continue to be able to serve children, adults, and seniors that it is currently serving ... during years in which revenues for the Mental Health Services Fund are below recent averages . . . .” (W&I Code, § 5847(b)(7).) W&I Code

section 5847(

f) provides a County must include an allocation of funds from its Prudent Reserve for the CSS component “in years in which the allocation of funds . . . are not ade- quate to continue to serve the same number of individu- als as the County had been serving in the previous fiscal year.” A County may transfer funds allocated to its CSS component to its PEI component if “. . . the department determines that the increase [in PEI expenditures] will decrease the need and cost for additional services to se- verely mentally ill persons in that County by an amount at least commensurate with the proposed increase.” (W&I Code, § 5892(a)(4).) One of the CSS component service categories is the Mental Health Services Act Housing Program. (Cal.

Code Regs., tit. 9, § 3615(a)(4).) Under the Mental Health Services Act Housing Program, MHSA funds may be used to provide permanent supportive housing for clients with serious mental illness. (Cal. Code Regs., tit. 9, § 3200.225.) W&I Code

section 5892.5 autho- rizes the release of unencumbered Mental Health Ser- vices Fund monies dedicated to the Mental Health Ser- vices Act housing program upon the written request of the County. The monies released to the County must be used to provide housing assistance as specified in W&I Code

section 5892.5. Two or more counties acting jointly may form or join a joint powers authority to agree “. . . to deliver or sub- contract for the delivery of those (MHSA) mental health services . . . Any agreement between counties shall delineate each County’s responsibilities and fiscal liability.” (W&I Code, § 5897(b); Gov. Code, § 6500.) W&I Code

section 5899 requires the Department to develop instructions for the ARER and “If a County does not submit the annual revenue and expenditure re- port . . . by the required deadline, the department may withhold MHSA funds until the reports are submitted” (W&I Code, § 5899(e)). Statement of Purpose/Problem to be Addressed The purpose of these regulations is to provide a clear framework for county mental health departments, two or more county mental health departments acting joint- ly, or a city operated program receiving funds per W&I Code

section 5701.5 (each referred to as a “County” [see Cal. Code Regs., tit. 9, § 3200.090]), to allocate, transfer, expend, and report the use of, MHSA funds, and to establish rules and processes for reversion of funds. These regulations are necessary because statute does not provide clear guidance. These provisions will also assist the Department with overseeing County compliance with the MHSA. The proposed regulations amend and add to articles 2, 4, and 5, under title 9, division 1,

chapter 14 of the Cali- fornia Code of Regulations. (All

section references are to title 9 of the California Code of Regulations, unless otherwise indicated.) Additions and amendments to ar- ticle 2 (sections 3200.022−3200.323) provide defini- tions to new concepts such as the CSS Account, define terms, such as Capital Facilities and Technological Needs and revise

section numbers to fit new

definitions within

article

Article 4 (sections 3420−3420.65) ad- dresses: the allocation and expenditure requirements of MHSA funds, including investment gains; the transfer of MHSA funds from the CSS Account; funding of, and transfers from, the Prudent Reserve; the maintenance of records of such transactions; reversion of unspent MHSA funds and an appeal process.

Article 5,

section 3510 is amended by revising the ARER to include cur- rent data needs and information and to specify the forms in which a County is required to submit expenditure da- ta and information; and

section 3510.005 is added to provide a process to withhold MHSA funds from a County for non−submission of a complete and accurate ARER.

Section 3510.030 is added to implement statu- tory requirements that a County certify the accuracy of the ARER pursuant to W&I Code

section 5899(a). Anticipated Benefits of the Regulation The Department anticipates that the proposed regula- tory amendments will enhance the fiscal integrity of the MHSA and enhance County compliance with the pro- grammatic requirements of the MHSA. In addition, by allowing the Department to enforce County fiscal re- porting requirements the proposed regulations will en- able the Department to collect more complete and accu- rate data regarding the performance of county mental

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 476 health programs. This data will assist the State, Coun- ties and other interested parties in developing and rec- ognizing best practices, which in turn will result in more effective county mental health services. Stakeholder Involvement in Preparation of the Regulations In July 2016, the Department conducted several meetings with the MHSOAC and the California Behav- ioral Health Directors Association of California to dis- cuss proposed fiscal policies and obtain input to be used in the development of these regulations.

The meetings centered on the following topics: 1. The tracking of revenue and expenditures by component. 2. The tracking of interest earned on investments. 3. The determination of total revenue allocated to each component. 4. The transferring of funds from the CSS component to CFTN and WET Accounts, and Prudent Reserve. 5. The determination of total expenditures from the LMHS Fund for each component. 6. The calculating of reversion. 7. The method the Department will use to recoup funds that have been reverted. 8. The transfer of only CSS funds to the Prudent Reserve. 9.

The determination of the maximum amount that may be held in the local Prudent Reserve and when to access the Prudent Reserve. Consistency and Compatibility with Existing State Regulations The Department has conducted an evaluation of the related existing state regulations under title 9, Califor- nia Code of Regulations, division 1 and has determined that the proposed regulations are consistent with and compatible with those regulations.

An automated search of title 9, using the following keywords “Mental Health,” “MHSA,” “Reversion,” and “Prudent Re- serve” was conducted via Westlaw and yielded no con- flicting state regulations. Annual MHSA Revenue and Expenditure Report Forms and Instructions This regulatory action will update and expand defini- tions and program requirements. W&I Code

section 5899 requires Counties to submit Annual Revenue and Expenditure Reports to the Department and the Mental Health Services Oversight and Accountability Com- mission, specifies the purposes of the reports, and re- quires Counties to certify the accuracy of the reports. It also requires the Department to develop and administer instructions for the Annual MHSA Revenue and Ex- penditure Reports. The Department is requiring Coun- ties to complete the forms listed below (and follow the corresponding instructions) to implement this require- ment.

These specified forms allow the Department to gather comprehensive and accurate information from participating Counties related to the Counties’ use of MHS Fund monies. It is critical that the Department ob- tain all of this information. This information is neces- sary for the Department to monitor Counties’ compli- ance with statutory and regulatory requirements and for the MHSOAC to evaluate MHSA programs. These forms will help clearly identify the information that Counties shall report and will streamline and standard- ize reporting requirements.

The following forms are in- corporated by reference in this regulatory proposal: 1. Mental Health Services Act Prudent Reserve Assessment/Reassessment, DHCS 1819, (02/19). 2. Annual Mental Health Services Act (MHSA) Revenue and Expenditure Report and Adjustment Worksheet County Certification, DHCS 1820, (02/19). 3. Mental Health Services Act Adjustments to Revenue or Expenditure

Summary Worksheet, DHCS 1821, (02/19). 4. Annual Mental Health Services Act (MHSA) Revenue and Expenditure Report. DHCS 1822 A−J as follows:

a) Information Worksheet DHCS 1822 A, (02/19).

b) Component

Summary Worksheet DHCS 1822 B, (02/19).

c) Community Services and Supports (CSS)

Summary Worksheet, DHCS 1822 C, (02/19).

d) Prevention and Early Intervention (PEI)

Summary Worksheet, DHCS 1822 D, (02/19).

e) Innovation (INN)

Summary Worksheet, DHCS 1822 E, (02/19).

f) Workforce Education and Training (WET)

Summary Worksheet, DHCS 1822 F, (02/19).

g) Capital Facility Technological Needs (CFTN)

Summary Worksheet, DHCS 1822 G, (02/19).

h) MHSA Adjustments Worksheet, DHCS 1822 H, (02/19).

i) FFP Revenue Adjustment Worksheet, DHCS 1822 I, (02/19).

j) Comments Worksheet, DHCS 1822 J, (02/19).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 477 DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Fiscal Impact Statement A. Costs to any Local Agency or School District that are required to be reimbursed Under

Part 7 (commencing with

Section 17500), Division 4 of the Government Code: None. B. Costs to any Local Agency or School District that are not reimbursable by the State: None. C. Costs or Savings to any State Agency: None. D. Costs or Savings in Federal Funding to the State: None. E. Other Nondiscretionary Costs or Savings Including Revenue Changes Imposed on State or Local Agencies: None.

All cost impacts, known to the Department at the time the notice of proposed action was submitted to the Of- fice of Administrative Law, that a representative private person or business would necessarily incur in reason- able compliance with the proposed action: The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action.

Mandates on Local Agencies or School Districts The Department has determined that the regulations would not impose a mandate on local agencies or school districts, nor are there any costs for which reimburse- ment is required by

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. Significant Statewide Adverse Economic Impact Affecting Businesses The Department has made an initial determination that the regulations would not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Results of the Economic Impact Assessment (Analysis) In accordance with Government Code

Section 11346.3(b)(1), the Department has made the following assessments and has determined that the proposed regu- lations would not significantly affect the following: 1. The creation or elimination of jobs in California. 2. The creation or elimination of businesses in California. 3. The expansion of businesses currently doing business in California. Impact on Jobs and Businesses This regulatory proposal establishes requirements for Counties related to the distribution, allocation, transfer, expending, and reporting of MHSA funds, which will support the effective and efficient use of these funds.

The Department has determined that the proposed regu- lations would not affect small businesses because small businesses are not required to comply with or enforce the proposed regulations, nor would any benefit or detriment be derived from enforcement. This regulato- ry action will affect only those Counties that administer MHSA programs, and therefore it is not anticipated to have an impact on the creation or elimination of jobs, the creation of new businesses, the elimination of exist- ing businesses or the expansion of businesses in California.

Benefits of the Proposed Regulation The Department has determined that the proposed regulations will not specifically affect worker safety or the state’s environment. However, the proposed regula- tions will benefit the health and welfare of California residents by implementing fiscal policies that will in- crease the effective and timely use of MHSA funds. These regulations will provide uniform standards and use of MHSA funds across all California Counties.

The proposed regulations specify an allocation methodolo- gy for MHSA funds distributed to each County’s Local Mental Health Services Fund, including interest earned on these funds, and provide direction on the use and transfer of such funds to other components, reserves or entities. In addition, the proposed regulations ensure MHSA funds are spent in a timely manner by establish- ing a reversion and reallocation process for MHSA funds subject to reversion. Lastly, the ARER is integral to identifying County expenditures of MHSA funds and determining reversion amounts for each County.

This is important, as funds that are not spent within a given timeframe, as proposed in these regulations, need to be reallocated to other Counties to serve the purpose they were intended to serve. The proposed regulations will provide Counties with a timeline for submittal of ARERs, subsequent withhold of fund distributions for non−submittals and an appeal process of reversion amounts derived from the County’s ARER. These regulations, by providing clear guidance on the allocation, transfer and reversion of MHSA funds, will ensure the effective and efficient use of funds.

The pro- posal will support Counties in their effort to provide ef- fective mental health services and may lead to further transparency in the use of MHSA funds and provide stakeholders, taxpayers and other interested parties with better information that may lead to more mean- ingful involvement in the development of County ex- penditure plans. Lastly, these regulations will allow for

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 478 the consistent use of MHSA funds across all Counties and ensure MHSA funds are spent for their intended purpose by each County and, if not spent timely, spent by other Counties for the intended purpose. The addi- tions to “Article 5. Reporting Requirements,” as pro- posed herein, allow for the effective evaluation of MHSA funded programs and projects for each County and statewide.

Effect on Small Businesses The Department has determined that the proposed regulations would not affect small businesses as these regulations only affect County Mental Health Departments. Housing Costs Determination The Department has made the determination that the regulations would have no impact on housing costs. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law. The Mental Health Services Act was passed by voters in November 2004.

Since this time, no regulations have been promulgated that address the requirements associ- ated with this regulation package. In 2012, the Depart- ment assumed administration of certain MHSA related functions from the former Department of Mental Health. In a report published in February 2018, the Cali- fornia State Auditor found the Department could better ensure the effective use of MHSA funding, in part, by developing regulations as proposed in this regulation package.

ASSISTIVE SERVICES For individuals with disabilities, the Department can provide assistive services such as the conversion of written materials into Braille, large print, audiocassette and computer disk. For public hearings, assistive ser- vices can include sign−language

interpretation, real− time captioning, note takers, reading or writing assis- tance. To request these assistive services, please call (916) 440−7695 (or California Relay at 711 or 1−800−735−2929), email — regulations@ dhcs.ca.gov, or write to the Office of Regulations at the address noted above. Note: The range of assistive ser- vices available may be limited if requests are received less than ten business days prior to a public hearing.

The Department shall provide, upon request from a person with a visual disability or other disability for which effective communication is required under state or federal law, a narrative description of the additions to, and deletions from, the California Code of Regula- tions or other publication in a manner that allows for ac- curate translation by reading software used by the vis- ually impaired. Providing this description may require extending the period of public comment for the pro- posed action pursuant to Government Code

Section 11346.6. CONTACT PERSONS Inquiries regarding the proposed regulations de- scribed in this notice may be directed to Donna Ures, of Mental Health Services, at (916) 713−8802. All other inquiries concerning the action described in this notice may be directed to Greg Rodriguez of the Of- fice of Regulations, at (916) 345−8396, or to the desig- nated backup contact person, Jasmin Delacruz, at (916) 440−7695.

A V AILABILITY OF TEXT OF REGULATIONS AND STATEMENT OF REASONS The Department has prepared and has available for public review an initial statement of reasons for the pro- posed regulations, all the information upon which the proposed regulations are based, and the text of the pro- posed regulations. The Office of Regulations, at the ad- dress noted above, will be the location of public records, including reports, documentation, and other material related to the proposed regulations (rulemaking file).

In addition, a copy of the final statement of reasons (when prepared) will be available upon request from the Of- fice of Regulations. The full text of any regulation which is changed or modified from the express terms of this proposed action will be made available by the Department’s Office of Regulations at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation.

Materials regarding the regulatory action described in this notice (including this public notice, the regula- tion text, and the initial statement of reasons) are posted to the Department’s Internet site at: http://www.dhcs.ca.gov/formsandpubs/laws/Pages/ ProposedRegulations.aspx . In order to request a copy of this public notice, the regulation text, and the initial statement of reasons be

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 479 mailed to you, please call (916) 440−7695 (or Califor- nia Relay at 711 or 1−800−735−2929), email regulations@dhcs.ca.gov, or write to the Office of Reg- ulations at the address noted above. RULEMAKING PETITION DECISIONS DEPARTMENT OF FOOD AND AGRICULTURE NOTICE OF DECISION ON PETITION FOR RULEMAKING (Government Code

Section 11340.7) By letter dated February 12, 2018, Dr. Stewart Townsend, (petitioner), petitioned the Department of Food and Agriculture (Department) of the State of Cali- fornia in accordance with Government Code

section 11340.6 and Food and Agricultural Code

section 36632, for the approval of temporary standards for Al- mond Milk Cream Cheese and Almond Milk Ricotta for an initial period of one year. The Department has set the matter for a public hearing in accordance with Food and Agricultural Code sections 36632 and 36633. Food and Agricultural Code sections 36631−36638, pertain to consideration of a definition and standard for milk products that are not specified in existing statutes or regulations, and no legislative bill is currently intro- duced to establish the definition and standard in the Food and Agricultural Code. PROVISIONS OF THE CODE OF REGULATIONS REQUESTED TO BE AFFECTED

Article 7 (Acidophilus or Modified Milk), of

Chapter 1 (Dairies), Division 2 (Animal Industry), Title 3, Cali- fornia Code of Regulations. AUTHORITY AND REFERENCE Authority: Sections 407, 36637, and 39872, Food and Agricultural Code. Reference: Sections 35071 and 35072, Food and Agricultural Code. CONTACT PERSON Any interested person may obtain a copy of the peti- tion and exhibits by accessing the Department’s web- site: http://cdfa.ca.gov/ahfss/regulations.html, or by contacting the following person: Anne Quilter, Assistant Chief Department of Food and Agriculture Milk and Dairy Food Safety Branch 1220 N Street, Sacramento, CA 95814 Phone: (916) 900−5008 PUBLIC HEARING As provided by Food and Agricultural Code

section 36632(

a) the Department has scheduled a public hear- ing, which has been properly noticed to all interested persons. The hearing will be conducted exclusively by written brief unless an oral hearing is specifically re- quested by an interested person. Written briefs must be received by the Branch before the close of the public hearing at 5:00 p.m. on Monday, April 15, 2019. Writ- ten briefs may be sent by mail, or e−mail in electronic PDF to MDFSBinfo@cdfa.ca.gov, or faxed to the Branch at (916) 900−5337. Any interested party must request an oral hearing by the close of business, Thurs- day, March 14, 2019. Consistent with Food and Agricultural Code

section 36633, the hearing shall be conducted to determine whether each product proposed for a temporary stan- dard qualifies for that standard and whether a temporary standard has been properly sought for each proposed product definition, standard, nomenclature, and label offered by the petitioner. Following the hearing, as set forth in Food and Agri- cultural Code

section 36633(b), the Department shall evaluate the temporary standard request on the basis of all of the following: testimony submitted by interested persons; the health and safety conditions under which each proposed product will be processed and distrib- uted; and

definitions and standards established for com- parable products, if they exist. Accordingly, respon- dents to this hearing notice are respectfully requested to address these issues, if possible, in their written briefs. If the Department subsequently decides, after the hearing, to grant the petition, it shall establish an appro- priate definition and nomenclature as well as quality and labeling requirements applicable to the permitted product(

s) pursuant to Food and Agricultural Code sec- tion 36633(c). The Department shall notify the petition- er of its decision not later than 30 days following the close of the hearing. It shall also post the decision on its website: http://cdfa.ca.gov/ahfss/regulations.html.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 480 A temporary standard approved by the Department shall take effect upon being adopted as set forth in Food and Agricultural Code sections 36634(

d) and 36637. DEPARTMENT DECISION On February 27, 2019, the Department responded to the petitioner and has granted the consideration of the petition in full, and has set the matter for a public hear- ing in accordance with Food and Agricultural Code sec- tion 3662(

a) and Government Code

section 11340.7, for the reasons set forth below. REASONS SUPPORTING THE DEPARTMENT’S DETERMINATION Food and Agricultural Code

section 36632(

b) pro- vides that, upon the request of any interested person, the Department may grant a temporary standard for an ini- tial period of one year for a new milk product or product resembling a milk product.

Section 36632(

b) requires that the petition “shall include a proposed definition, standard, nomenclature, and label for the new product”. The Department has determined that the petition of Lyrical Foods, Inc., satisfies the requirements of this section. Therefore, the Department has published a notice of a public hearing to consider the adoption of the tempo- rary standard pursuant to sections 36631−36638 of the Food and Agricultural Code responded to the petitioner as follows: February 27, 2019 Dr. Stewart Townsend Lyrical Foods, Inc. 3180 Corporate Place Hayward, CA 94545 RE: PETITION FOR TEMPORARY STANDARDS Dear Dr.

Townsend: The California Department of Food and Agriculture (Department) received your petition, dated February 12, 2019, requesting that it consider a temporary stan- dard for Almond Milk Cream Cheese and Almond Milk Ricotta in accordance with Food and Agricultural Code (FAC)

section 36632. The Department has granted the consideration of the petition and has set the matter for a public hearing in accordance with FAC

section 36632(

a) and Government Code

section 11340.7. FAC

section 36632(

a) specifies that in no case shall a temporary standard be granted for a product for which a definition and standard was contained in a bill which was not enacted during the immediately preceding ses- sion of the Legislature. Additionally, FAC

section 36632(

b) requires that the petition shall include a pro- posed definition, standard, nomenclature, and label for the new product. The petition shall also address the rela- tion between the proposed product and existing defini- tions and standards established for comparable prod- ucts. The Department has determined that the petition submitted by Lyrical Foods, Inc., meets the require- ments of these sections. Accordingly, the Department has published a notice of a public hearing to consider the adoption of the tem- porary standards pursuant to FAC sections 36631−36638. As provided by FAC

section 36632(a), the public hearing shall be conducted exclusively by written brief unless an oral hearing is specifically re- quested by an interested person by close of business, March 14, 2019. The deadline for the submittal of writ- ten briefs is 5:00 p.m., April 15, 2019. If you have any questions, you may contact me at (916) 900−5008. Sincerely, Dr. Stephen Beam, Chief Milk and Dairy Food Safety Branch Animal Health and Food Safety Services Division cc: Karen Ross, Secretary, CDFA Dr. Annette Jones, State Veterinarian and Director, AHFSS DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY March 4, 2019 Mr.

Leonard Lang Upper Room Consulting, Inc. 10002 Delano Lane Cypress, CA 90630 Via e−mail: lang@recyclingandregulation.com Dear Mr. Lang: Thank you for your recent e−mail message petition- ing for the amendment of regulations relating to the Beverage Container Recycling Program. The Depart- ment of Resources Recycling and Recovery, Division of Recycling (Department) has accepted your petition for rulemaking under Government Code sections 11340.6 and 11340.7. For the reason stated below, the petition is denied.

You have recommended amending a group of regula- tions to allow dealers in unserved convenience zones that elect to redeem empty beverage containers on their premises pursuant to Public Resources Code

section 14571.6 to be reimbursed upon delivering the material a certified recycling center or processor. (Amendments recommended to Cal. Code Regs., title 14, §§ 2056, 2060, 2430, 2500, 2516, 2530 & 2535.)

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 481 The Beverage Container Recycling and Litter Reduc- tion Act (Act) (Pub. Res. Code, Div. 12.1, commencing with § 14500) defines and establishes convenience zones and mandates that each zone be served by at least one certified recycling center. (Pub. Res.

Code §§ 14509.4 (convenience zone defined), 14571 (at least one recycling center in every convenience zone), & 14571.1 (annual designation and mapping of conve- nience zones).) Dealers in convenience zones that are not served by a certified recycling center must, by affidavit filed with the Department, elect to either (1) redeem empty bever- age containers on their premises and deliver the re- deemed containers to a recycling center or processor for recycling, or (2) pay the Department $100 per day until a certified recycling center is established in the zone or the dealer begins redeeming on premises per option (1).

Your petition addresses dealers that select option (1), commonly referred to as in−store redemption. Neither the Act nor the Department’s regulations provide reim- bursement to dealers for the costs of in−store redemption. Your rulemaking petition is denied because the bur- dens on the Department and the regulated industry asso- ciated with adopting and implementing regulations pro- viding reimbursement for in−store redemption would outweigh the potential benefits.

The Department has the authority to adopt, amend, and repeal regulations related to the Act pursuant to Public Resources Code sections 14530.5 and 14536. In accordance with Government Code

section 11340.7(d), a copy of this letter is being transmitted to the Office of Administrative Law for publication in the California Regulatory Notice Register. The agency contact person on this matter and the person from whom a copy of the petition may be obtained is Sharon Siozon, Division of Recycling, 801 K Street, MS 19−01, Sacramento, Cali- fornia 95814, Sharon.Siozon@CalRecycle.ca.gov, (916) 322−1760. Thank you for the interest and concern you have shown for recycling in California. Sincerely, /s/ Adam Tauber Assistant Director for Recycling Department of Resources Recycling and Recovery (CalRecycle)

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

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

File# 2019−0122−06 BOARD OF ACCOUNTANCY Registration Forms for Out−of−State Accounting Firms This action, without regulatory ef fect, amends the Out−of−State Accounting Firm Registration Form PP−13 to change informative references in the instruc- tions from Board of Equalization to California Tax and Fee and Administration, aligning with statutory changes to the roles of those agencies.

Title 16 AMEND: 20 Filed 03/06/2019 Agency Contact: Aaron Bone (916) 561−1792 File# 2019−0220−02 CALIFORNIA HIGHWAY P ATROL Explosives Routes and Stopping Places The California Highway Patrol updated the routes for the transportation of explosives by commercial vehi- cles on highways in the state by removing 2.2 miles and extending 10.4 miles of designated routes in the Mojave Area.

Title 13 AMEND: 1152.3 Filed 03/06/2019 Effective 03/06/2019 Agency Contact: Tian−Ting Shih (916) 843−3400 File# 2019−0131−04 CALIFORNIA HORSE RACING BOARD Horse Ineligible to Start in a Race This action by the California Horse Racing Board adopts and amends regulations regarding intra− articular treatments for horses.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 482 Title 4 ADOPT: 1842.1 AMEND: 1588 Filed 03/12/2019 Effective 07/01/2019 Agency Contact: Harold Coburn (916) 263−6026 File# 2019−0220−03 COMMISSION ON TEACHER CREDENTIALING Single Induction Experience for New Teachers In this resubmittal of OAL Matter No. 2018−1023−06S, the Commission on Teacher Creden- tialing is amending regulations to provide a single in- duction experience for new teachers and update regula- tions regarding how educators qualify for an extension of time to obtain a teaching credential.

Title 5 AMEND: 80048.8, 80048.8.1, 80413, 80523 Filed 03/07/2019 Effective 03/07/2019 Agency Contact: David Crable (916) 323−5119 File# 2019−0226−01 DEPARTMENT OF CORRECTIONS AND REHABILITATION Copayment and Artificial Appliances The Department of Corrections and Rehabilitation submitted this emergency action to amend regulations addressing copayments and artificial appliances and a related incorporated by reference form. The amend- ments eliminate copayments for health care services and payment for prescribed artificial appliances.

Title 15 AMEND: 3355.1 (renumbered to 3999.367), 39999.99. 3999.206, 3999.234, 3999.237. 3999.375 (renumbered to 3999.395) Filed 03/12/2019 Effective 03/12/2019 Agency Contact: Julie Inderkum (916) 691−0697 File# 2019−0207−01 DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Eradication Area The Department of Food and Agriculture submitted this timely certificate of compliance to make permanent the amendments made in OAL File No. 2018−0820−01E. The emergency rulemaking amended the Oriental Fruit Fly Eradication Area to include Yolo county.

Title 3 AMEND: 3591.2 Filed 03/13/2019 Effective 03/13/2019 Agency Contact: Rachel Avila (916) 403−6813 File# 2019−0219−01 DEPARTMENT OF FOOD AND AGRICULTURE Assessments for Control of Beet Leafhopper The Department of Food and Agriculture submitted this file and print action to increase the current assess- ment rates imposed on producers, handlers, and producer−handlers for beet leafhopper control.

Title 3 AMEND: 3601 Filed 03/06/2019 Effective 03/06/2019 Agency Contact: Rachel Avila (916) 403−6813 File# 2019−0124−03 DEPARTMENT OF PUBLIC HEALTH Individual Taxpayer Identification Number (ITIN) This action by the California Department of Public Health makes changes without regulatory effect that conform the regulations to the identification require- ments in Health and Safety Code sections 114870 and 106995 as amended by Statutes 2018,

chapter 838 (SB 695). Title 17 AMEND: 30335.5, 30440, 30444, 30451, 30455.1, 30456.2, 30466 Filed 03/07/2019 Agency Contact: Laurel Prior (916) 440−7673 File# 2019−0123−01 DEPARTMENT OF REAL ESTATE Petitions Process Website Discipline Information The Department of Real Estate (Department) pro- posed this action to implement new provisions in Busi- ness and Professions Code

section 10083.2 by estab- lishing a petition process for licensees to seek removal of certain license discipline information from the De- partment’s website. Title 10 ADOPT: 2915 Filed 03/07/2019 Effective 03/07/2019 Agency Contact: Daniel Kehew (916) 263−8681 File# 2019−0222−01 FISH AND GAME COMMISSION Purple Sea Urchin

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 483 This rulemaking action by the Fish and Game Com- mission adopts regulations setting daily bag limits for purple sea urchin.

Title 14 ADOPT: 29.06 Filed 03/07/2019 Effective 03/07/2019 Agency Contact: David Thesell (916) 654−9903 File# 2019−0131−01 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 MADLs for n−Hexane This rulemaking action by the Office of Environmen- tal Health Hazard Assessment establishes Proposition 65 Maximum Allowable Dose Levels for oral exposure to n−Hexane of 28,000 micrograms per day and inhala- tion exposure to n−Hexane of 20,000 micrograms per day.

Title 27 AMEND: 25805 Filed 03/11/2019 Effective 07/01/2019 Agency Contact: Monet Vela (916) 323−2517 File# 2019−0131−02 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Clear and Reasonable Warnings — Residential Rental Property The Office of Environmental Health Hazard Assess- ment adopts these regulations to provide clarifying guidance to residential rental property businesses con- cerning how to comply with the warning requirements of Proposition 65 for exposures to listed chemicals at residential rental properties.

Title 27 ADOPT: 25607.34, 25607.35 Filed 03/12/2019 Effective 07/01/2019 Agency Contact: Monet Vela (916) 323−2517 File# 2019−0227−01 OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Conflict−of−Interest Code This is a Conflict−of−Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 AMEND: 35101 Filed 03/07/2019 Effective 04/06/2019 Agency Contact: Beth Herse (916) 326−3610 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN October 10, 2018 TO March 13, 2019 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last. For fur- ther information on a particular file, contact the person listed in the

Summary of Regulatory Actions

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

Title 2 03/07/19 AMEND: 35101 02/27/19 AMEND: 80225 02/27/19 AMEND: 11087, 11095, 11097 02/25/19 ADOPT: 18360.1, 18360.2 02/21/19 ADOPT: 574 02/20/19 AMEND: 18702.2 02/13/19 AMEND: 54700 01/31/19 ADOPT: 59840 01/24/19 AMEND: 1859.194, 1859.196 01/22/19 AMEND: 1859.51(e) 01/14/19 AMEND: 18756 01/07/19 AMEND: 60802, 60803, 60807, 60808, 60824, 60825, 60827, 60831, 60832, 60833, 60835, 60840, 60842, 60843, 60844, 60845, 60846, 60847, 60848, 60849, 60850, 60851, 60852, 60853, 60854, 60855, 60856, 60858, 60860, 60861, 60863, 61120 12/18/18 AMEND: 1859.76 12/14/18 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 12/12/18 AMEND: 2970 12/12/18 AMEND: 18545, 18700, 18730, 18940.2 12/05/18 REPEAL: 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445 12/04/18 AMEND: 1897 11/29/18 ADOPT: 1896.83, 1896.85 AMEND: 1896.60, 1896.61, 1896.62, 1896.70,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 484 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.81, 1896.82, 1896.84, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97 11/27/18 AMEND: 1897 11/08/18 ADOPT: 1896.13 AMEND: 1896.4, 1896.12, 1896.17 10/29/18 AMEND: 1896.99.100, 1896.99.120 10/22/18 ADOPT: 18215.4 10/11/18 AMEND: 1859.51(

e) Title 3 03/13/19 AMEND: 3591.2 03/06/19 AMEND: 3601 02/28/19 ADOPT: 4920 02/21/19 AMEND: 3591.2 02/20/19 AMEND: 3591.2 02/04/19 AMEND: 1180.3.1 01/30/19 AMEND: 6860 01/17/19 REPEAL: 1305.00, 1305.01, 1305.02, 1305.03, 1305.04, 1305.06, 1305.07, 1305.08, 1305.09, 1305.10, 1305.11, 1305.12 01/16/19 ADOPT: 8000, 8100, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215, 8216, 8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8400, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 8409, 8500, 8501, 8600, 8601, 8602, 8603, 8604, 8605, 8606, 8607, 8608, 8609 01/07/19 AMEND: 3439 12/18/18 ADOPT: 4921 11/29/18 AMEND: 3899 11/06/18 AMEND: 3435(

b) Title 4 03/12/19 ADOPT: 1842.1 AMEND: 1588 02/20/19 AMEND: 1843.2 02/07/19 AMEND: 10315, 10317, 10322, 10325, 10326, 10327, 10328, 10335, 10337 01/22/19 AMEND: 1374, 1374.3 01/16/19 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 01/16/19 AMEND: 5000, 5033, 5060, 5100, 5170, 5260, 5350, 5450, 5500, 5540, 5600 REPEAL: 5361, 5362, 5363, 5380, 5560, 5570, 5571, 5572, 5573, 5580, 5590 01/02/19 AMEND: 12200, 12201, 12220, 12221 12/17/18 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 12/12/18 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 11/26/18 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 11/26/18 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420, 7421, 7422, 7423, 7424, 7425, 7426, 7427, 7428, 7429 11/20/18 AMEND: 1632 11/20/18 AMEND: 1843.3 11/20/18 AMEND: 8078.3, 8078.15 11/19/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 11/02/18 AMEND: 8078.8, 8078.10 10/31/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 10/18/18 AMEND: 1843.2 10/18/18 AMEND: 10170.2, 10170.3, 10170.4, 10170.5, 10170.6, 10170.7, 10170.8, 10170.9, 10170.10, 10170.14 Title 5 03/07/19 AMEND: 80048.8, 80048.8.1, 80413, 80523 02/21/19 AMEND: 19810 02/19/19 REPEAL: 1200, 1202, 1203, 1204, 1204.5, 1205, 1206, 1207, 1207.1, 1207.5, 1208, 1209, 1210, 1211, 1211.5, 1215, 1215.5, 1216, 1216.1, 1217, 1218, 1218.6, 1219, 1220, 1225 02/15/19 AMEND: 55200, 55202, 55204, 55206, 55208 02/15/19 AMEND: 55800 01/31/19 AMEND: 850, 854.1, 854.2, 854.3, 854.4, 859, 862, 863 12/31/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 12/05/18 AMEND: 19810 10/22/18 ADOPT: 20236 AMEND: 20101, 20105, 20107, 20116, 20118, 20122, 20123, 20124, 20125, 20127, 20130, 20134, 20135, 20136, 20140, 20180, 20185, 20190, 20203, 20205, 20235 REPEAL: 20119, 20158, 20125, 20216, 20217, 20251, 20251, 20255, 20251, 20260, 20265 10/17/18 AMEND: 18600

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 485 Title 8 03/05/19 AMEND: 3999(b) 02/28/19 AMEND: 3295 02/14/19 AMEND: 9789.39 02/06/19 AMEND: 3389 01/07/19 AMEND: 11140 01/03/19 AMEND: 336 12/26/18 AMEND: 9789.19 11/26/18 AMEND: 9789.25 11/15/18 AMEND: 344, 344.1, 344.2 11/06/18 ADOPT: 9789.19.1 AMEND: 9789.12.1, 9789.12.2, 9789.12.6, 9789.12.8, 9789.12.12, 9789.12.13, 9789.13.2, 9789.16.1, 9789.16.7, 9789.18.1, 9789.18.2, 9789.18.3, 9789.18.11, 9789.19 11/01/18 AMEND: 14300.35, 14300.41 10/30/18 ADOPT: 9792.24.5 AMEND: 9792.22 10/10/18 AMEND: 344.18 Title 9 02/05/19 AMEND: 4350 01/15/19 ADOPT: 4011, 4012, 4013, 4014, 4014.1, 4015 Title 10 03/07/19 ADOPT: 2915 02/20/19 AMEND: 3500, 3576, 3577, 3721 01/14/19 AMEND: 2318.6, 2353.1, 2354 01/14/19 AMEND: 2318.6 12/31/18 AMEND: 2632.5, 2632.11 12/26/18 ADOPT: 2238.10, 2238.11, 2238.12 11/29/18 ADOPT: 2509.80, 2509.81, 2509.82 11/27/18 AMEND: 3704 11/20/18 AMEND: 8000, 8030 11/19/18 ADOPT: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 Title 11 02/06/19 AMEND: 1008 02/04/19 AMEND: 1009 01/25/19 AMEND: 999.12 REPEAL: 999.13 01/08/19 ADOPT: 5460 12/31/18 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2107 12/28/18 AMEND: 5505, 5507, 5509, 5510, 5511, 5513, 5514, 5516, 5517 10/24/18 AMEND: 1953, 1955 Title 12 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 11/07/18 AMEND: 505.2 Title 13 03/06/19 AMEND: 1152.3 02/21/19 AMEND: 17.02 01/28/19 AMEND: 20.05 01/16/19 AMEND: 550, 551.8, 551.12, 590 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 12/26/18 AMEND: 2025 12/26/18 AMEND: 1152.7, 1152.7.1 12/20/18 ADOPT: 1217.2, 1263.2 12/12/18 AMEND: 1961.2, 1961.3 12/04/18 ADOPT: 425.01 11/29/18 AMEND: 17.00 11/27/18 AMEND: 1157.21 10/22/18 AMEND: 551.14, 551.24, 555.1, 584 10/18/18 AMEND: 551.12 10/10/18 AMEND: Appendix (Article 2.0) Title 13, 17 02/25/19 AMEND: title 13: 2452, 2461.1; title 17: 93116.3 02/07/19 AMEND: Title 13: 1956.8, 1961.2, 1965, 2036, 2037, 2065, 2112, 2141, Title 17: 95300, 95301, 95302, 95303, 95304, 95305, 95306, 95307, 95311, 95662, 95663 01/04/19 ADOPT: title 17: 95483.2, 95483.3, 95486.1, 95486.2, 95488, 95488.1, 95488.2, 95488.3, 95488.4, 95488.5, 95488.6, 95488.7, 95488.8, 95488.9, 95488.10, 95490, 95491.1, 95500, 95501, 95502, 95503 AMEND: title 13: 2293.6; title 17: 95481, 95482, 95483, 95483.1, 95484, 95485, 95486, 95487, 95489, 95491, 95492, 95493, 95494, 95495 REPEAL: title 17: 95483.2, 95488, 95496 Title 14 03/07/19 ADOPT: 29.06 03/05/19 ADOPT: 18660.47, 18660.48, 18660.49, 18660.50, 18660.51 AMEND: 18660.5, 18660.20 02/28/19 AMEND: 7.50 02/26/19 AMEND: 670.2 02/26/19 AMEND: 107, 174, 176, Appendix A (Div. 1, Subd. 1, Ch. 9) 02/26/19 AMEND: 29.15 02/25/19 AMEND: 1.53, 1.74, 5.00 02/19/19 ADOPT: 1038.6 02/19/19 ADOPT: 1038.1, 1038.2, 1038.3, 1038.4, 1038.5 AMEND: 1038, 1038.3 [renumbered to 1038.9] REPEAL: 1038.1, 1038.2 02/15/19 AMEND: 1094, 1094.2, 1094.6, 1094.8, 1094.17, 1094.23 02/07/19 ADOPT: 13008 AMEND: 13012, 13015, 13018, 13019, 13040, 13050, 13071, 13104, 13105, 13113, 13116, 13136,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 486 13137, 13138, 13144, 13158, 13173, 13204, 13205, 13214.7, 13216, 13217, 13218, 13219, 13221, 13222, 13223, 13224, 13231, 13234, 13238.1, 13241, 13242, 13243, 13244, 13245, 13247, 13300, 13302, 13315, 13328.1, 13328.8, 13328.9 , 13331, 13336, 13342, 13343, 13356, 13358, 13371, 13500, 13518, 13530, 13536, 13545, 13546, 13548, 13554, 13576, 13577, 13600, 13610, 13625, 13626, 13635, 13645, 13647, 13648, REPEAL: 13214, 13214.1, 13214.2, 13214.3, 13214.4, 13214.5, 13214.8. 02/06/19 ADOPT: 1720.1, 1724.5, 1724.7.1, 1724.7.2, 1724.8, 1724.10.1, 1724.10.2, 1724.10.3, 1724.10.4, 1724.11, 1724.12, 1724.13 AMEND: 1724.6, 1724.7, 1724.10, 1748, REPEAL: 1724.8, 1748.2, 1748.3 01/02/19 AMEND: 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10, 150.16 12/28/18 ADOPT: 15064.3, 15234 AMEND: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, Appendix G, Appendix M, Appendix N 12/17/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 12/17/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 12/17/18 ADOPT: 820.02 12/17/18 ADOPT: 817.04 AMEND: 790 12/14/18 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 12/13/18 AMEND: 2975 12/10/18 ADOPT: 126.1 AMEND: 125.1, 126 [renumbered to 126.1] 11/28/18 ADOPT: 716 AMEND: 300 11/28/18 ADOPT: 42 AMEND: 43, 651, 703 11/20/18 AMEND: 699.5 11/15/18 AMEND: 632 11/15/18 AMEND: 632 11/15/18 AMEND: Subsection 120.7(

m) REPEAL: Appendix A Form DFG−120.7 (10/87) 11/13/18 AMEND: 1038, 1038.1, 1038.2 11/06/18 AMEND: 3010, 3011, 3012, 3013, 3015 11/05/18 ADOPT: 29.11 10/30/18 ADOPT: 132.6 AMEND: 132.1, 132.2, 132.3 10/30/18 AMEND: 11600 10/29/18 AMEND: 17041, 17042, 17043, 17044, 17045, 17046 10/29/18 AMEND: 1038 10/16/18 AMEND: 890 10/16/18 AMEND: 1038 10/15/18 AMEND: 895, 895.1, 912.9, 932.9, 952.9 Title 14, 27 03/05/19 ADOPT: title 14: 18815.1, 18815.2, 18815.3, 18815.4, 18815.5, 18815.6, 18815.7, 18815.8, 18815.9, 18815.10, 18815.11, 18815.12, 18815.13 AMEND: title 14: 17365, 17370.2, 17379.0, 17383.3, 17383.4, 17383.5, 17383.6, 17383.7, 17383.8, 17388.4, 17388.5, 17389, 17414, 17869, 17896.45, 18794.0, 18794.1, 18794.2, 18800; title 27: 20510, 20686, 20690 Title 15 03/12/19 AMEND: 3355.1 (renumbered to 3999.367), 39999.99, 3999.206, 3999.234, 3999.237, 3999.375 (renumbered to 3999.395) 03/05/19 AMEND: 3269.1, 3315 02/26/19 AMEND: 3294.5 02/25/19 AMEND: 3075.2 01/28/19 AMEND: 8004.1 01/23/19 AMEND: 3043.3 01/15/19 AMEND: 3177, 3315 01/09/19 AMEND: 3043, 3043.3, 3043.4, 3043.5 01/07/19 AMEND: 3999.98, 3999.200 01/07/19 AMEND: 8000 12/26/18 ADOPT: 2249.30, 2449.31, 2449.32, 2449.33, 2449.34, 3495, 3496, 3497 AMEND: 2449.1, 3490, 3491 11/14/18 ADOPT: 1350.5, 1352.5, 1354.5, 1358.5, 1408.5, 1418, 1437.5 AMEND: 1302, 1303, 1304, 1321, 1322, 1324, 1325, 1327, 1328, 1329, 1341, 1343, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1370, 1371, 1372, 1373, 1374, 1376, 1377, 1390, 1391, 1400, 1401, 1402, 1403, 1404, 1406, 1407, 1408, 1412,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 487 1413, 1415, 1416, 1417, 1430, 1431, 1432, 1433, 1434, 1436, 1437, 1438, 1439, 1452, 1453, 1454, 1460, 1461, 1462, 1464, 1465, 1467, 1480, 1482, 1483, 1484, 1485, 1487, 1500, 1510, 1511 REPEAL 1378 11/13/18 ADOPT: 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215 AMEND: 8000, 8004.3, 8106, 8106.1 amended and renumbered as 8207, 8106.2 amended and renumbered as 8106, 8198 amended and renumbered as 8298, 8199 amended and renumbered as 8299 11/01/18 ADOPT: 3999.25 10/30/18 ADOPT: 3329.5 10/29/18 REPEAL: 3999.20 10/22/18 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 10/17/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 Title 16 03/06/19 AMEND: 20 02/25/19 AMEND: 1399.515 02/05/19 REPEAL: 1023.15, 1023.16, 1023.17, 1023.18, 1023.19 01/31/19 REPEAL: 2624, 2624.1 01/30/19 AMEND: 1735.1, 1735.2, 1735.6, 1751.1, 1751.4 01/29/19 ADOPT: 6020 01/16/19 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5007.1, 5007.2, 5008, 5009, 5010, 5010.1, 5010.2, 5010.3, 5011, 5012, 5013, 5014, 5015 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5024.1, 5025, 5026, 5027, 5028, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5040.1, 5041, 5041.1, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5052.1, 5053, 5054, 5300, 5301, 5302, 5303, 5303.1, 5304, 5305, 5305.1, 5306, 5307, 5307.1, 5307.2, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5400, 5402, 5403, 5403.1, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415, 5415.1, 5416, 5417, 5418, 5419, 5420, 5421, 5422, 5423, 5424, 5426, 5427, 5500, 5501, 5502, 5503, 5504, 5505, 5506, 5506.1, 5507, 5600, 5601, 5602, 5603, 5604, 5700, 5701, 5702, 5703, 5704, 5705, 5706, 5707, 5708, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731, 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5800, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 5813, 5814, 5815, 5900, 5901, 5902, 5903, 5904, 5905 01/15/19 ADOPT: 1483.1, 1483.2, 1486 AMEND: 1480, 1481, 1482, 1483, 1484 12/21/18 ADOPT: 1399.515 12/05/18 AMEND: 1380.3, 1380.6, 1381, 1381.1, 1381.4, 1381.5, 1381.7, 1382, 1382.3, 1382.4, 1382.5, 1382.6, 1386, 1387.3, 1387.4, 1387.5, 1387.7, 1388, 1389.1, 1390.1, 1390.3, 1391.3, 1391.4, 1391.5, 1391.6, 1391.7, 1391.11, 1393, 1394, 1395, 1395.1, 1396.5, 1397, 1397.35, 1397.50, 1397.51, 1397.53, 1397.54, 1397.55, 1397.60, 1397.61, 1397.62, 1397.67, 1397.69, 1397.70 REPEAL: 1381.6, 1397.63, 1397.64, 1397.65, 1397.66, 1397.68, 1397.71 12/03/18 AMEND: 18 11/28/18 AMEND: 1399.514 11/20/18 AMEND: 2450 10/25/18 AMEND: 1300.1, 1300.2, 1300.4, 1355, 1355.1, 1355.3 REPEAL: 1333, 1333.1, 1333.2, 1333.3, 1362, 1362.1 10/16/18 AMEND: 2070, 2071 10/15/18 AMEND: 1417 Title 17 03/07/19 AMEND: 30335.5, 30440, 30444, 30451, 30455.1, 30456.2, 30466 02/28/19 AMEND: 6508 02/26/19 ADOPT: 30197, 30197.1, 30197.2, 30197.3, 30197.4, 30197.5, 30197.6, 30197.7 AMEND: 30195.1 01/16/19 ADOPT: 40100, 40101, 40102, 40105, 40115, 40116, 40118, 40120, 40126, 40128, 40129, 40130, 40131, 40132, 40133, 40135, 40137, 40150, 40152, 40155, 40156, 40159, 40162, 40165, 40167, 40175, 40177, 40178, 40179, 40180, 40182, 40184, 40190, 40191, 40192, 40194, 40196, 40200, 40205, 40207, 40220, 40222, 40223, 40225, 40230, 40235, 40240, 40243, 40246, 40248, 40250, 40253, 40255, 40258, 40270, 40272, 40275, 40277, 40280, 40282, 40290, 40292, 40295, 40297, 40300, 40305, 40306, 40308, 40315, 40330, 40400, 40401, 40403, 40404, 40405, 40406, 40408, 40409, 40410,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 488 40411, 40412, 40415, 40417, 40500, 40505, 40510, 40512, 40513, 40515, 40517, 40525, 40550, 40551, and 40570 01/10/19 AMEND: 3030 12/31/18 AMEND: 94506, 94509, 94513, 94515 12/27/18 ADOPT: 95371, 95372, 95373, 95374, 95375, 95376, 95377 10/10/18 AMEND: 35095 Title 18 01/03/19 AMEND: 1533.2, 1598 01/02/19 ADOPT: 30000, 30101, 30102, 30103, 30104, 30105, 30106, 30201, 30202, 30203, 30204, 30205, 30206, 30207, 30208, 30209, 30210, 30211, 30200.5, 30212, 30213, 30213.5, 30214, 30214.5, 30215, 30216, 30217, 30218, 30219, 30220, 30221, 30222, 30223, 30224, 30301, 30302, 30303, 30304, 30310, 30311, 30312, 30313, 30314, 30315, 30316, 30401, 30402, 30403, 30404, 30405, 30410, 30411, 30412, 30420, 30421, 30430, 30431, 30432, 30433, 30501, 30502, 30503, 30504, 30505, 30601, 30602, 30603, 30604, 30605, 30606, 30607, 30701, 30702, 30703, 30704, 30705, 30706, 30707 12/27/18 ADOPT: 3702 12/17/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5626, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 11/20/18 AMEND: 25137−1, 17951−4 10/23/18 ADOPT: 35201 Title 19 11/30/18 ADOPT: 4010 Title 20 12/05/18 ADOPT: 1751, 1769.1, 1937, 1941, 1942, 2300 AMEND: 1201, 1209, 1211.5, 1211.7, 1212, 1231, 1232, 1232.5, 1233.1, 1233.2, 1233.3, 1233.4, 1234, 1240, 1704, 1706, 1708, 1709, 1710, 1714, 1714.3, 1714.5, 1720.2, 1745.5, 1748, 1768 (renumbered to 1749), 1769, 1936, 1940, 1943, 1944, 1945, 1946, 2308 (renumbered to 2300.1) REPEAL: 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2309 Title 22 03/05/19 AMEND: 66250, 66250.1, 66250.2 02/27/19 AMEND: 72329.2 02/14/19 ADOPT: 130000, 130001, 130003, 130004, 130006, 130007, 130008, 130009, 130020, 130021, 130022, 130023, 130024, 130025, 130026, 130027, 130028, 130030, 130040, 130041, 130042, 130043, 130044, 130045, 130048, 130050, 130051, 130052, 130053, 130054, 130055, 130056, 130057, 130058, 130062, 130063, 130064, 130065, 130066, 130067, 130068, 130070, 130071, 130080, 130081, 130082, 130083, 130084, 130090, 130091, 130092, 130093, 130094, 130095, 130100, 130110, 130200, 130201, 130202, 130203, 130210, 130211 12/31/18 AMEND: 66272.62 12/19/18 AMEND: 66262.41 12/19/18 AMEND: 72329.2 12/13/18 ADOPT: 51002.5 AMEND: 51003.1 12/04/18 ADOPT: 69511.3 AMEND: 69511 12/04/18 AMEND: 20100.5 11/29/18 ADOPT: 96060, 96061, 96062, 96065, 96070, 96071, 96075, 96076, 96077, 96078, 96080, 96081, 96082, 96083, 96084, 96085, 96086, 96087 10/31/18 ADOPT: 66264.121, 66265.121, 66270.28 AMEND: 66264.90, 66264.110, 66265.90, 66265.110, 66270.1, 66270.14

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 12-Z 489 10/31/18 AMEND: 97215, 97216, 97217, 97221, 97222, 97223, 97224, 97225, 97226, 97227, 97228, 97229, 97232, 97248 10/24/18 ADOPT: 66720.14, 66271.50, 66271.51, 66271.52, 66271.53, 66271.54, 66271.55, 66271.56, 66271.57 AMEND: 66260.10, 66264.16, 66264.101, 66264.143, 66264.144, 66264.145, 66264.146, 66264.147, 66264.151, 66265.16, 66265.143, 66265.144, 66265.145, 66265.146, 66265.147 10/22/18 ADOPT: 66273.80, 66273.81, 66273.82, 66273.83, 66273.84 AMEND: 66261.4, 66273.6, 66273.7, 66273.9, 66273.70, 66273.72, 66273.73, 66273.74, 66273.75 REPEAL: 66273.90, 66273.91, 66273.100, 66273.101 Title 22, MPP 01/15/19 ADOPT: 35064 AMEND: 31−002, 35000, 35001, 35129, 35129.1, 35152.1, 35152.2, 35177, 35179, 35181, 35183, 35211, 35215, 35315 01/08/19 AMEND: 87224, 87412 01/02/19 ADOPT: 85175, 85318, 85320, 85340, 85342, 85364, 85368.1, 85368.4, 85370, 85387, 85390, 85102, 85161, 85168, 85168.3, 85169 AMEND: 85000, 85068.2, 85375, 85100, 85101, 85118, 85120, 85122, 85140, 85142, 85164, 85165, 85168.1, 85168.2, 85168.4, 85170, 85187, 85190, 85300, 85301, 85302, 85322, 85361, 85365, 85368, 85368.2, 85368.3, 85369 11/15/18 AMEND: 35000, 35011, 31−005, 31−405, 31−420, 31−425 Title 23 03/04/19 ADOPT: 3929.17 02/25/19 ADOPT: 3002.1 AMEND: 3002 02/19/19 ADOPT: 3949.15 01/15/19 AMEND: 597 12/19/18 AMEND: 315, 316 12/13/18 ADOPT: 3939.56 12/13/18 ADOPT: 3939.55 11/29/18 ADOPT: 335, 335.2, 335.4, 335.6 [renumbered to 335.16], 335.8 [renumbered from 335.12(a)], 335.10 [renumbered to 335.12], 335.12 [335.12(

a) renumbered to 335.8; 335.12(b)−(

c) renumbered to 335.6], 335.14 [renumbered to 335.10], 335.16 [renumbered to 335.14], 335.18, 335.20 AMEND: 310 11/29/18 ADOPT: 3919.18 11/14/18 AMEND: 3006 11/05/18 AMEND: 2200, 2200.4, 2200.6 11/01/18 AMEND: 1062, 1063, 1064, 1066, 1068 Title 25 02/28/19 REPEAL: 6200, 6201, 6202, 6203 Title 27 03/12/19 ADOPT: 25607.34, 25607.35 03/11/19 AMEND: 25805 02/21/19 ADOPT: 432a, 800, 801, 802, 803 AMEND: 8, 421, 430, 439, 440 02/05/19 AMEND: 25705 12/27/18 AMEND: 27001 11/27/18 AMEND: 25603 Title 28 03/05/19 ADOPT: 1300.49 Title MPP 02/06/19 AMEND: 41−440, 42−711, 42−716, 42−717, 44−207 01/09/19 AMEND: 42−207, 42−213, 42−215, 42−221, 80−310 12/20/18 AMEND: 40−105, 40−171, 80−301 REPEAL: 40−026

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