California Regulatory Notice Register
3805ba0d24ee1c8155e6cac16bed2627ebb71855
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 22−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 31, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. CENTRAL V ALLEY FLOOD PROTECTION BOARD Conflict−of−Interest Code — Notice File Number Z2019−0517−01 ....................................... 825 TITLE 4. DEPARTMENT OF FOOD AND AGRICULTURE Hydrogen Gas−Measuring Devices (3.39) — Notice File Number Z2019−0521−01 .......................... 825 TITLE 5.
EDUCATION AUDIT APPEALS PANEL Audits of K−12 Local Education Agencies (LEA) Fiscal Year 2019−20 — Notice File Number Z2019−0521−06 ........................................... 828 TITLE 13. CALIFORNIA HIGHWAY PATROL Inhalation Hazards Routes — Map 8 — Notice File Number Z2019−0520−01 .............................. 830 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Nonindustrial Timber Management Plan (NTMP) Amendments, 2019 — Notice File Number Z2019−0521−02 ............................................ 832 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code
Section 1653 Consistency Determination Request for Janes Creek at Alliance Avenue Fish Passage Improvement Project (Tracking Number: 1653−2019−036−001−R1) Humboldt County .................................. 837 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting .............................................................. 837 RULEMAKING PETITION DECISIONS BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Kristen Himmelberger Concerning Suitability Factors ................................................. 838 (Continued on next page) Time- Dated Material
BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Thaddeus Boudreaux Concerning Youth Offender Hearings ............................................ 839 DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Brian Barnett Concerning Adult Institutions, Programs, and Parole ................................................. 840
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 841 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 NUMBER 22-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CENTRAL V ALLEY FLOOD PROTECTION BOARD NOTICE IS HEREBY GIVEN that the Central Val- ley Flood Protection Board, pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment of its conflict−of−interest code. A comment period has been established commencing on May 31, 2019 and closing on July 15, 2019. All in- quiries should be directed to the contact listed below. The Central Valley Flood Protection Board proposes to amend its conflict−of−interest code to include em- ployee positions that involve the making or participa- tion in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Govern- ment Code. The code carries out the purposes of the law and no other alternative would do so and be less burden- some to affected persons. The provisions of the conflict−of−interest code include: The Central Valley Flood Protection Board’s conflict−of−interest provisions are currently contained in 23 CCR, § 595 under the Conflict−of−Interest Provi- sion pertaining to the Department of Water Resources. As the Central Valley Flood Protection Board is a sepa- rate and distinct state agency, it is appropriate that its conflict−of−interest provisions reside within Title 23, Division 1.
The provisions proposed are essentially the same as those that appear in 23 CCR, § 595. The proposed amendment and explanation of the rea- sons can be obtained from the agency’s contact. Any interested person may submit written comments relating to the proposed amendment by submitting them no later than July 15, 2019 or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than July 1, 2019. The Central Valley Flood Protection Board has deter- mined that the proposed amendments: 1.
Impose no mandate on local agencies or school districts. 2. Impose no cost or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning the proposed amendment and any communication required by this notice should be directed to: Sarah Backus, Staff Attorney, (916) 574−1448, sarah.backus@cvflood.ca.gov. TITLE 4. DEPARTMENT OF FOOD AND AGRICULTURE Hydrogen Gas−Measuring Devices
(3.39) CCR Title 4, § 4002.9 The California Department of Food and Agriculture (Department) proposes to amend California Code of Regulations (CCR) Title 4, § 4002.9. Hydrogen Gas− Measuring Devices (3.39). PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Department by mail, fax, or email addressed to the primary contact person listed below. Please include ‘Hydrogen Device Rule- making’ in the subject line of any letter, fax, or email re- garding this rulemaking. The written comment period begins on May 31, 2019, and closes at 5:00 p.m. on July 16, 2019. The Department will only consider comments received at the office of the Division of Measurement Standards by 5:00 p.m. on July 16, 2019.
AUTHORITY/REFERENCE The Legislature has charged the Department in Cali- fornia Business and Professions Code (BPC) Division 825
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 5, § 12100 with the responsibility of supervising weights and measures activities within California. The secretary of the Department is granted authority in BPC § 12027 to adopt such regulations as are reasonably necessary to carry out the provisions of Division 5. Au- thority and reference for these regulations is provided in BPC § 12107, which requires the secretary to adopt specifications and tolerances for weighing and measur- ing devices used for commercial purposes in California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC Division 5,
Chapter 2, § 12107 requires the De- partment to adopt the latest specifications, tolerances, and other technical requirements published in the Na- tional Institute of Standards and Technology (NIST) Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices” (NIST Handbook 44), except as specifically modified, amended, or rejected by regulation adopted by the Department. The Department does so by adopt- ing regulation in Title 4 CCR §§ 4000, 4001, and the ap- propriate subsection of 4002. In 2014, the Department adopted
Section 3.39. of NIST Handbook 44, with modifications, in Title 4 CCR §§ 4000, 4001, and 4002.9, making those requirements enforceable in California. During that rulemaking process, the Department adopted four California− specific hydrogen gas−measuring device accuracy classes: (2.0), (3.0), (5.0) and (10.0). The Department has since determined that no hydrogen gas−measuring device in commercial use meets accuracy classes (2.0) or (3.0), nor has the Department approved for use a de- vice having those accuracy classes.
In 2016, the Depart- ment submitted test data which served as the basis for the National Conference on Weights and Measures (NCWM) to adopt accuracy class (7.0), a compromise between device functionality, manufacturing cost, and the technologically feasible measurement of hydrogen sold as retail motor vehicle fuel. Currently, there are de- vices having accuracy classes (5.0) and (10.0) approved for commercial purposes in the state.
With this rulemaking, the Department proposes to keep accuracy classes (5.0) and (10.0), remove accura- cy classes (2.0) and (3.0), and adopt the national stan- dard accuracy class (7.0) adopted by NCWM in 2016. Other nonsubstantive changes having no regulatory ef- fect are also proposed to improve the grammar, format- ting, and sentence structure of the regulation. The spe- cific purpose and necessity of each of the amendments is discussed in the Initial Statement of Reasons of this rulemaking file.
Anticipated Benefits of the Proposed Regulation The proposed regulation will facilitate the develop- ment of more hydrogen fueling stations and in turn, pro- mote increased production and sales of hydrogen gas− measuring devices in the state. With this proposed regu- lation, hydrogen gas−measuring device manufacturers doing business in California may design, produce, and sell hydrogen gas−measuring devices with the uniform national standard accuracy class (7.0) alongside accura- cy class (5.0) devices to streamline design, production, and marketing costs.
National standardization of speci- fications and requirements will also promote increased consumer confidence during their hydrogen fueling ex- perience. The Department believes this will lead to a greater number of consumers that choose to purchase hydrogen fuel cell vehicles and so increase demand for devices dispensing hydrogen as retail motor vehicle fu- el. By adopting accuracy class (7.0) the Department will be able to regulate, enforce, and respond to con- sumers’ complaints against a hydrogen device having that accuracy class.
Consistency and Compatibility with Existing State and Federal Laws and Regulations The Department has initially determined this propos- al is consistent and compatible with existing California and federal laws and regulations. The Department is the only state agency with the authority to regulate hydro- gen devices used for commercial purposes that dispense hydrogen as motor vehicle fuel.
DISCLOSURES REGARDING THE PROPOSED ACTION The Department makes the following initial determinations: 1) Mandate on local agencies and school districts: None. 2) Cost to any local agency or school district requiring reimbursement pursuant to Government Code §§ 17500 et seq.: None. 3) Fiscal impact on public agencies including costs/savings to state agencies: None. 4) Any other non−discretionary costs/savings imposed upon local agencies: None. 5) Costs/savings in federal funding to the state: None. 6) Significant effect on housing costs: None.
The Department concludes the proposed regulation will not have a significant statewide adverse economic impact directly affecting California businesses, includ- ing the ability of California businesses to compete with businesses in other states. 826
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Removing two outdated accuracy classes and adopt- ing the uniform national standard accuracy class will not incur additional financial costs or savings to a busi- ness to reasonably comply with this proposed regula- tion. Businesses that manufacture hydrogen gas− measuring devices do not need to change business pro- cedures or acquire additional equipment to comply.
The Department initially concludes that the proposed regulation: (1) is unlikely to create or eliminate jobs in California; (2) is unlikely to create or eliminate existing businesses in California; and (3) is unlikely to affect the expansion of businesses currently doing business in California. Anticipated Benefits of the Proposed Regulation This proposed regulation supports the Governor’s goals to increase the number of zero−emission vehicles (ZEV) operating on state highways, reduces depen- dence on petroleum−sourced fuels, and decreases Cali- fornia’s carbon footprint.
The proposed regulation both supports the growth of the ZEV market and facilitates the development of a hydrogen fueling infrastructure having nationally standardized hydrogen fueling de- vices — two paramount factors positively influencing California’s long−term transportation mitigation strategy. The California Air Resources Board’s Greenhouse Gas Emission Inventory website reports that the trans- portation sector is the biggest contributor (41%) to Cali- fornia’s greenhouse gas emissions.
Vehicle emissions are a primary source of atmospheric particulate matter, air toxins, and smog−forming chemicals in California’s air. Conversely, hydrogen fuel cell vehicles emit only water vapor. Cleaner air in the state potentially reduces medical risks associated with vehicular emissions. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES, INCLUDING SMALL BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
Moreover, the Department is not aware of any small businesses involved in the hydrogen gas− measuring device manufacturing industry. Since busi- nesses in the state only manufacture and install hydro- gen gas−measuring devices having accuracy class (5.0) and (10.0), removing accuracy classes (2.0) and (3.0) and adding accuracy class (7.0) to regulation does not impose additional economic impacts.
CONSIDERATION OF ALTERNATIVES Government Code § 11346.5 (a)(13) requires that the Department must determine that no reasonable alterna- tive it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is 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 persons and equally effective in implementing the statutory pol- icy or other provision of law.
The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation during the written comment period or public hearing, if one is scheduled.
CONTACT PERSONS Primary Contact: California Department of Food and Agriculture Division of Measurement Standards Samuel Ferris Senior Environmental Scientist (Specialist) 6790 Florin Perkins Road, Suite 100 Sacramento, CA 95828−1812 Main: (916) 229−3000 Fax: (916) 229−3055 Email: dms@cdfa.ca.gov Secondary Contact: California Department of Food and Agriculture Division of Measurement Standards Kevin Schnepp Environmental Program Manager I 6790 Florin Perkins Road, Suite 100 Sacramento, CA 95828−1812 Main: (916) 229−3000 Fax: (916) 229−3055 Email: dms@cdfa.ca.gov A V AILABILITY OF THE RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process by request to the contact(
s) above. As of the date this notice is published in the Notice Reg- ister, the rulemaking file consists of this notice, the pro- posed text (the “express terms”) of the regulation, the Initial Statement of Reasons, and all the supporting doc- uments and information relied upon in the development of this proposed regulation. 827
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z A V AILABILITY OF CHANGED OR MODIFIED TEXT After receiving and considering all timely and rele- vant comments, the Department may adopt the pro- posed regulation substantially as described in this no- tice. If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indi- cated) available to the public for at least 15 days before the Department adopts the revised regulation.
Requests for copies of any modified regulation can be made by emailing dms@cdfa.ca.gov or calling (916) 229−3000. Please include ‘Hydrogen Device Rulemaking’ in the subject line of any letter, fax, or email regarding this rulemaking. The Department will accept written com- ments on the modified text of the regulation for 15 days after the date it is made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons may be obtained by contacting the Department by email at dms@cdfa.ca.gov or calling (916) 229−3000.
A V AILABILITY OF DOCUMENTS ON THE INTERNET Electronic copies of the Notice of Proposed Rule- making, the Initial Statement of Reasons, and the pro- posed text of the regulation in underline and strikeout will be posted at www.cdfa.ca.gov/dms/regulations. html by the Division of Measurement Standards. TITLE 5.
EDUCATION AUDIT APPEALS PANEL Audits of K−12 Local Education Agencies Fiscal Year 2019−20 The Education Audit Appeals Panel (EAAP) propos- es to adopt an Audit Guide for Fiscal Year 2019−20 us- ing the Guide’s incorporating regulation, after consid- ering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING A public hearing regarding this proposal is not cur- rently scheduled.
Not later than 15 days prior to the close of the written comment period, any interested per- son, or his or her authorized representative, may make a written request for a public hearing pursuant to Govern- ment Code
section 11346.8, and a public hearing will be held. Requests for a public hearing should be addressed to Mary Kelly. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action. The written comment peri- od closes Monday, July 15, 2019. EAAP will consider only written comments received by that time.
Written comments for EAAP’s consideration should be directed to: Mary Kelly, Executive Officer Education Audit Appeals Panel 770 L Street, Suite 1100 Sacramento, CA 95814 Fax: (916) 445−7626 e−mail: mkelly@eaap.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 14501, 14502.1, 14503 and 41024, California Constitution.
Article XIII,
Section 36, subdiv. (e), subpara 7, and
Article XIIIA,
Section 1, subdiv. (b), subparas 3(
C) and 3(D). Reference: Refer- ence: California Constitution
Article XIIIB,
Section 1.5; and Sections 2574(b)(3)(C), 8482.3(f)(5), 14501, 14502.1, 14503, 14509, 15286, 41024, 42238.02(b)(3)(B), 47612.5, 47634.2 and 48000, Edu- cation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking amends title 5, California Code of Regulations,
section 19810 to clarify the incorporation by reference language and make reference to the audit guide. It also adopts the audit guide for 2019−20, which makes clarifying revisions and addresses legislative changes in the conditions of apportionment of school funding. This rulemaking meets the requirements of Educa- tion Code
section 14502.1, which mandates that an an- nual audit guide be adopted by the EAAP. The purpose of the audit guide is to define terms and specify proce- dures to guide accountants in the conduct of statutorily required financial and compliance audits of K−12 local education agencies. The Controller, pursuant to Educa- tion Code
section 14502.1, has proposed changes from the previous year’s audit guide to be reflected in the 828
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 2018−19 audit guide. The proposed changes derive from the Controller’s proposals and also contain changes designed to clarify audit steps. Appendix B likewise guides auditors in the performance audits of construction activity under State School Facility Bond Funds.
EAAP does not anticipate that these proposed amendments would create specific benefits for the pro- tection of public health and safety, worker safety, or the environment, the prevention of discrimination, the pro- motion of fairness or social equity, nor the increase in openness and transparency in business and govern- ment. EAAP has determined that the proposed amend- ments will ultimately benefit the welfare of California residents by ensuring that local education agencies are in compliance with regulatory requirements.
In devel- oping the rulemaking, EAAP evaluated the proposed changes to regulations and determined that they are not inconsistent or incompatible with existing regulations, state or federal. A description of proposed changes to
section 19810, and a discussion of revisions to the audit guide, follow: Title 5, Division 1.5
Chapter 3. Audits of California K−12 Local Education Agencies
Article 1. General Provisions § 19810. Annual Audit Guides. The “2018−192019−20 Guide for Annual Audits of K−12 Local Education Agencies and State Compliance Reporting,” (March 1, 2018July 1, 2019), adopted by the Education Audit Appeals Panel, is incorporated by reference. The guide provides the audit steps, reporting requirements, and other guidance, for the required an- nual financial and compliance audits, subject to auditor judgment where alternative or additional audit steps may be appropriate.
The annual guide is superseded by a supplemental audit guide, if needed, adopted before March 1 of each fiscal year. Each annual guide and any applicable supplement are available on www.eaap.ca. gov/audit−guide, with paper or electronic copies avail- able on request. Note: Authority cited: Sections 14502.1 and 47612, Education Code; California Constitution,
Article XIII,
Section 36, subdiv. (e), subpara 7, and
Article XIIIA,
Section 1, subdiv. (b), subparas 3(
C) and 3(D). Refer- ence: California Constitution
Article XIIIB,
Section 1.5; and Sections 2574(b)(3)(C), 8482.3(f)(5), 14501, 14502.1, 14503, 14509, 15286, 41020, 41024, 42238.02(b)(3)(B), 47612.5, 47634.2 and 48000, Edu- cation Code. AUDIT GUIDE AMENDMENTS The proposed annual 2019−20 Audit Guide includes the following amendments: Report Components, paragraph 4, Supplementary Information, is amended consistently with the amendments to
Section F (described next) as the
Schedule of Instructional Time no longer needs to differentiate among districts by historical factors rendered moot by the fact that all districts as of Fiscal Year 2019−20 will have met their Local Control Funding Formula (LCFF) targets.
Section F . Instructional Minutes is revised to delete language made unnecessary as a result of all districts having met their LCFF apportionment target by school year 2019−20. References to districts’ history of participation under the old longer day and longer year incentive programs are no longer necessary pursuant to Sections 46207 and 46208 of the Education Code.
Section DD. Determinations of Funding for Nonclassroom−Based Instruction is technically amended, consistent with
section 11963.3(b)(3), to include situations in which an entity has received, or will receive in the current fiscal year, $50,000 or 10 percent of the charter school’s applicable total expenditures as defined in subparagraphs (B), (C), (D), and (
E) of subdivision (
a) of
section 11963.3(a). Name of document incorporated by reference: 2019−20 Guide for Annual Audits of K−12 Local Edu- cation Agencies and State Compliance Reporting (July 1, 2019). (Note: there are no proposed changes to the Appendices (A and B).) DISCLOSURES REGARDING THE PROPOSED ACTION 1. Mandate on local agencies and school districts: None. 2. Cost to any local agency or school district which must be reimbursed: None. 3. Cost or savings to any state agency: None. 4. Other non−discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the state: None. 6.
Significant effect on housing costs: None. 7. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. 8. Results of the Economic Impact Assessment: (
a) Adoption of these regulations will not: 829
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z create or eliminate jobs within California; create new businesses or eliminate existing businesses within California; or affect the expansion of businesses currently doing business within California. (
b) Benefit of the proposed regulation to the health and welfare of California residents, worker safety, or the State’s environment and quality of life: As stated under the “Informative Digest/Policy Statement Overview” above, the proposed regulations will update and improve audit procedures of K−12 local education agencies, which would ultimately benefit the welfare of California residents by ensuring that local education agencies are in compliance with regulatory requirements. 9.
Cost impact on a representative private person or business: EAAP is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. 10. Business report requirements: None. 11. Effect on small businesses: The proposed regulations will have no effect on small businesses because they do not materially alter the requirements for LEA audits. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
Section 11346.5(a)(13), EAAP must determine that no reason- able alternative it has considered or that has otherwise been identified and brought to the EAAP’s attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.
CONTACT PERSONS Inquiries concerning the substance of the proposed action, requests for a copy of the proposed text of the regulations, the Initial Statement of Reasons, the modi- fied text of the regulations, if any, and other technical information upon which the rulemaking is based, and questions on the proposed administrative action may be directed to Timothy Morgan, Staff Attorney III, at (916) 445−7745 or by e−mail: tmorgan@eaap.ca.gov , or Mary C. Kelly, Executive Officer, at (916) 445−7745.
A V AILABILITY OF RULEMAKING FILE The entire rulemaking file will be available for in- spection and copying throughout the rulemaking process at EAAP’s office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and the Economic Impact Assessment. A copy may be ob- tained by contacting Timothy Morgan at the above ad- dress. The bill analyses are also available online at http://leginfo.legislature.ca.gov/faces/billSearchClient .xhtml.
A V AILABILITY OF CHANGED OR MODIFIED TEXT Following the comment period, a hearing, if request- ed, and consideration of all timely and relevant com- ments received, EAAP may adopt the proposed regula- tions substantially as described in this notice. If EAAP makes modifications that are sufficiently related to the originally proposed text, the modified text (with changes clearly indicated) will be available to the pub- lic for at least 15 days before EAAP adopts the regula- tions as revised.
Requests for copies of any modified regulations should be sent to the attention of Timothy Morgan at the address stated above. EAAP will accept written comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, text of the regulations in under- line and strikeout, any changed or modified text, and the Final Statement of Reasons will be accessible through the EAAP website: www.eaap.ca.gov. TITLE 13.
CALIFORNIA HIGHWAY PATROL TITLE 13 CALIFORNIA CODE OF REGULATIONS, DIVISION 2,
CHAPTER 6,
ARTICLE 2.5 AMEND
SECTION 1157.20 Inhalation Hazards Routes — Map 8 (CHP−R−2019−06206) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations, Division 2,
Chapter 6,
Article 2.5,
Section 830
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 1157.20, regarding designated routes for the transporta- tion of inhalation hazards by commercial vehicles on highways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to Division 14.3, Transportation of Inhala- tion Hazards, commencing with
Section 32100 of the California Vehicle Code (CVC), the CHP shall adopt regulations specifying routes to be used in the trans- portation of inhalation hazards. The CVC requires the CHP to keep information current in regulations, with maps clearly indicating designated routes and a list of locations for inspection stops, required inspection stops, and safe stopping places. The CHP’s field com- mands conduct annual surveys on the inhalation hazard routes and stops to determine if changes are necessary.
The proposed amendments will keep inhalation hazards routes consistent with the changed location of the port of entry for commercial vehicles, from San Ysidro to Otay Mesa, and enhance public health and safety in the border area south of San Diego. The proposed amendments have received concur- rence from the CHP’s Border Division, San Diego County Fire Authority, State Fire Marshal, and Califor- nia Department of Transportation. This proposed regulatory action will continue to pro- vide a nonmonetary benefit to the protection of the health, safety, and welfare of California’s residents, workers, and environment.
The changes to the applica- tion of the regulation are not substantive and bring the regulation in conformance with existing statute. The proposed changes update and clarify highway routes designated for carriers transporting inhalation hazards, and contribute to transportation safety and public health. During the process of developing these regulations and amendments, the CHP has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent, nor incompatible, with existing federal and state regulations.
PUBLIC COMMENT Any interested person may submit written comments on the proposed action via facsimile at (916) 322−3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle
Section Attention: Dr. Tian−Ting Shih P.O. Box 942898 Sacramento, CA 94298−0001 Written comments must be received by July 15, 2019. PUBLIC HEARINGS
Section 32102(
b) CVC requires the CHP to hold pub- lic hearings in each field operation division of the de- partment in which are located proposed routes. Thus, the CHP will conduct a public hearing on the proposed regulation amendments at: California Highway Patrol Border Division 9330 Farnham Street San Diego, CA 92123−1216 from 9:00 to 10:00 a.m. on July 26, 2019. 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, and the proposed regulation text in strikeout and underline for- mat.
Requests to review or receive copies of this infor- mation should be directed to the CHP either at the above address, by facsimile at (916) 322−3154, or by calling the CHP, Commercial Vehicle
Section (CVS), at (916) 843−3400. All requests for information should include the following: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone num- ber in case the information is incomplete or illegible. The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP, CVS, for an appointment. All documents regarding the proposed action are available through the CHP’s website at https://www. chp.ca.gov/News−Alerts/Regulatory−Actions.
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 website. CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or the substance of the proposed regulations should be directed to Dr. Tian− Ting Shih or Sergeant Adam Roha, at (916) 843−3400. 831
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 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 substantive in nature, the full text of the resulting regu- lation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.
FISCAL IMPACT AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will not impose any new mandate up- on local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Government Code (GC) Sections 17500−17630 require reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of Cal- ifornia, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.
Benefits of the Proposed Action: The proposed regu- lation updating designated routes for carriers transport- ing inhalation hazards will continue to provide benefits, including the nonmonetary benefit of protecting public health and safety for residents, workers, and the envi- ronment by providing a regulatory basis for enforce- ment efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.
COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has determined that the proposed regulato- ry action will not affect small businesses. The action is intended to clarify and update the designated routes for commercial vehicles transporting inhalation hazards on highways. As a result, no small business will be affected by the update. ALTERNATIVES In accordance with
Section 11346.5(a)
(13) GC, the CHP must determine that no reasonable alternative con- sidered by the CHP, or otherwise identified and brought to the attention of the CHP, 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 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 This regulatory action is being taken pursuant to Sec- tion 32102 CVC. REFERENCE This action implements, interprets, or makes specific Sections 32101, 32102, 32103, 32104, and 32105 CVC. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Nonindustrial Timber Management Plan Amendments, 2019” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,
Chapter 4, Subchapter 7,
Article 6.5 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 August 11, 2019, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA. At the hearing, 832
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered 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, July 15, 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 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: Eric Hedge Regulations Program 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: Sections 4551, 4593.4, 4593.5, 4593.9, and 4594, Public Resources Code.
Reference: Sections 4593, 4593.4, 4593.5, 4593.8, 4594, and 4597, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV § 11346.5(a)(3)(A)−(D)) The Z’berg−Nejedly Forest Practice Act declares the existence of a public interest in the management and treatment of the forest resources and timberlands of the state. Pursuant to
Article 7.5, the Board “shall adopt rules and regulations to implement
Article 7.5 (com- mencing with
Section 4593) of
Chapter 9 of
Part 2 of Division 4 of the Public Resources Code.” The provi- sions of the
article (Nonindustrial Timber Management Plan) provided under Public Resources Code (PRC) § 4593(
c) declare “that it is the policy of the state to en- courage prudent and responsible forest resource man- agement of nonindustrial timberlands by approving nonindustrial timber management plans in advance and withdrawing governmental discretion to disapprove nonindustrial timber harvest notices submitted pur- suant to the approved nonindustrial timber manage- ment plans.” PRC § 4551 requires the Board to “. . . adopt district forest practice rules . . . to ensure the continuous growing and harvesting of commercial for- est tree species and to protect the soil, air, fish, wildlife, and water resources . . .” and PRC § 4553 requires the Board to continuously review the rules in consultation with other interests and make appropriate revisions.
In 2018, Senate Bill (SB) 901 (chapter 626) was ap- proved by the Governor, filed with the Secretary of State, and became effective January 1,
Section 17 of SB 901 amended PRC § 4593.2(
e) to read “Nonin- dustrial timber management plan means a management plan for nonindustrial timberlands with an objective of an uneven aged managed timber stand and sustained yield for each parcel or group of contiguous parcels meeting the requirements of
Section 4593.3. A nonin- dustrial timber management plan may include multiple nonindustrial tree farmers, but shall not cover more than 2,500 acres.” The proposed action was developed in response to address the statutory amendments in SB 901 related to multiple landowners and acreage restrictions and to ad- ditionally 1) expand upon the use of a designated agent for various reporting requirements for Nonindustrial Timber Management Plans (NTMPs) with multiple landowners; 2) clarify the use of various exemptions 833
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z within the footprint of an NTMP; and 3) to update the mapping requirements for the NTMP and the associated Nonindustrial Timber Harvest Notice. The problem is that statutory amendments within SB 901 create issues of clarity and consistency with the existing regulations in the Forest Practice Rules (FPRs).
Additionally, the Department of Forestry and Fire Protection (Depart- ment) requested clarification on the use of exemptions within the footprint of an NTMP, which allow for the bypassing of the Nonindustrial Timber Harvest Notice process contained within the regulations for NTMP to achieve certain, specified, management objectives. Lastly, mapping standards for the NTMP have not been updated for 27 years and do not adequately reflect cur- rent technology and other existing regulatory mapping standards.
The problem is that the issues of clarity and consis- tency exist within the Forest Practice Rules related to both existing regulations as well as the statutory amend- ments within SB 901. Additionally, the Department re- quested clarification on the use of exemptions within the footprint of an NTMP, which allow for the bypass- ing of the Nonindustrial Timber Harvest Notice process contained within the regulations for NTMP in order to achieve certain, specified, management objectives.
Lastly, mapping standards for the NTMP have not been updated for 27 years and do not adequately reflect cur- rent technology and other existing regulatory mapping standards. The purpose of the proposed action is to make the regulations congruent with changes resulting from the passage of SB 901, to update 14 CCR § 1090 et seq. to make the NTMP regulations more consistent with the Working Forest Management Plan (WFMP) regula- tions, to clarify the use of exemptions within the foot- print of an NTMP, and to improve clarity within the ex- isting regulations.
The effect of the proposed action is to: 1) clarify and effectuate the statute in the regulations provided for NTMPs in PRC § 4593 to add provisions for multiple landowners; 2) to allow the use of exemptions pursuant to 14 CCR § 1038 et seq. within the footprint of an NTMP; and 3) to update the mapping standards by mak- ing them consistent with the companion document and more recently approved WFMP. The benefit of the proposed action is that it will make regulations for NTMPs clearer and more consistent with regulations for WFMPs, and thus allow for better stewardship of California’s forests.
SB 901 clarifies what had been assumed in the initial NTMP regula- tions: that multiple landowners may indeed participate in an NTMP. The new regulations proposed will pro- vide for a single point of contact for NTMPs with multi- ple owners by using a designated agent to aid the depart- ment in the administration of NTMPs.
It will also pro- vide benefits to the nonindustrial tree farmer by clarify- ing that the use of some exemptions will be allowed within the footprint of an NTMP, which is a more flexi- ble permitting vehicle for the landowner than using a Nonindustrial Timber Harvest Notice associated with the NTMP.
The clarification elements will make plan development easier for land owners, allow for coopera- tion amongst landowners, and enable land owners with an NTMP to participate in relevant exemptions within the NTMP area; the updated mapping requirements will help protect California’s forests by improving docu- mentation of harvest activities and awareness of sensi- tive areas in the harvest area. The mapping updates will also make it easier for the Department to review NTMPs and WFMPs by providing consistency be- tween the two plans.
Finally, changes to NTMP map- ping requirements will improve enforcement and im- plementation of these regulations by the Department. 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. Statutes to which the proposed action was compared: §§ 4551, 4593.4, 4593.5, 4593.9, 4594, and 4597, Pub- lic Resources 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 management plans for the non−industrial harvesting of timber. No existing Federal regulations meeting the same purpose as the proposed action were identified. 834
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 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. 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 represents a continu- ation of existing forest practice regulations related to the preparation, submittal, and administration of docu- ments and activities related to the non−industrial man- agement and harvesting of timber, with clarifications which may reduce state costs in the review and adminis- tration of these documents and activities. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. 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: Will not create jobs within California (GOV § 11346.3(b)(1)(A)); Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); Will not create new businesses (GOV § 11346.3(b)(1)(B)); Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); Will not affect the expansion or contraction of businesses currently doing business within California (GOV § 11346.3(b)(1)(C)); Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)).
For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. 835
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 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. Small businesses, pursuant to 1 CCR § 4(a):
(1) Is 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 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 affects small business are the same as provided in the Economic Impact Analysis in the Initial Statement 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: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Mr. Hedge is not available is Matt Dias, Executive Officer for the Board of Forestry and Fire Protection. Mr. Dias 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. 836
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 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: https://bof.fire.ca.gov/regulations/proposed−rule− packages/. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE
SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR Janes Creek at Alliance Avenue Fish Passage Improvement Project (Tracking Number: 1653−2019−036−001−R1) Humboldt County California Department of Fish and Wildlife (CDFW) received a Request to Approve on May 15, 2019, that the City of Arcata proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code
section 1653. The proposed project in- volves retrofitting an existing concrete box culvert to improve fish passage for all life stages of salmonids and lamprey while maintaining the flood conveyance ca- pacity of the channel and crossing. The proposed project will be carried out on the channel, banks, and floodplain of Janes Creek immediately downstream of Alliance Avenue in the City of Arcata, Humboldt Coun- ty, California.
On May 21, 2018, the North Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Janes Creek at Alliance Avenue Fish Passage Improvement Project. On August 20, 2018, additional information was submitted and the NOI was deemed complete.
The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board is- sued a Notice of Applicability (WDID No. 1B180077WNHU; ECM PIN No. CW−848343) for coverage under the General 401 Order on October 3, 2018. The City of Arcata is requesting a determination that the project and associated documents are complete pur- suant to Fish and Game Code
section 1653 subdivision (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code
section 2081 subdi- vision (
b) or a Lake or Streambed Alteration Agreement under Fish and Game Code
section 1605 for the pro- posed project. In accordance with Fish and Game Code
section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the City of Arcata will have the opportunity to submit under Fish and Game Code
section 1652. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code
Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING: On July 18, 2019, at 10:00 a.m. in Room 358 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Public Meeting, the Board will make time available to receive comments or proposals from inter- ested persons on any item concerning occupational safety and health.
BUSINESS MEETING: On July 18, 2019, at 10:00 a.m. in Room 358 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request. Any person with a disability requiring an accommoda- 837
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z tion, auxiliary aid or service, or a modification of poli- cies or procedures to ensure effective communication and access to the public hearings/meetings of the Occu- pational Safety and Health Standards Board should contact the Disability Accommodation Coordinator at (916) 274−5721 or the state−wide Disability Accom- modation Coordinator at 1−866−326−1616 (toll free). The state−wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1−800−735−2929 (TTY) or 1−800−855−3000 (TTY− Spanish).
Accommodations can include modifications of poli- cies or procedures or provision of auxiliary aids or ser- vices. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer− Aided Transcription System or Communication Access Realtime Translation (CART), a sign−language inter- preter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation re- quests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.
RULEMAKING PETITION DECISIONS BOARD OF PAROLE HEARINGS RESPONSE TO PETITION TO ADOPT, AMEND, OR REPEAL A REGULATION PURSUANT TO GOVERNMENT CODE SECTIONS 11340.6 AND 11340.7 BPH PETITION RESPONSE 2019−03 The Board of Parole Hearings (Board) Legal Divi- sion received a Petition to Adopt, Amend, or Repeal a Regulation under Government Code sections 11340.6 and 11340.7 from petitioner Kristin Himmelberger on April 12, 2019. In accordance with subdivision (
a) of
section 11340.7, this document serves as the board’s re- sponse to the petition. The following information is provided with the re- sponse in compliance with subdivision (
d) of Govern- ment Code
section 11340.7: 1. NAME OF AGENCY: Board of Parole Hearings 2. PARTY SUBMITTING THE PETITION: Kristen Himmelberger (K40664) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED: Petitioner requests the board to amend California Code of Regulations, title 15,
section 2402. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: The petitioner cites to the Board’s general rulemaking authority under Government Code
section 12838.4 and Penal Code sections 3052 and 5076.2 to promulgate, amend, or repeal regulations in division 2 of title 15 of the California Code of Regulations. 5. REASONS SUPPORTING THE AGENCY’S DECISION: Petitioner requested the Board amend California Code of Regulations, title 15,
section 2402, subdivision (
a) due to a lack of clarity. The Board fully reviewed petitioner’s request as well as petitioner’s explanation for the request. Petitioner’s request is DENIED. California Code of Regulations, title 15,
section 2402, subdivision (
a) pro- vides in relevant part, “Regardless of the length of time served, a prisoner shall be found unsuitable for and de- nied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if re- leased from prison.” (Cal. Code Regs., tit. 15, § 2402, subdivision (a).) Petitioner argues that the term “unrea- sonable risk” lack clarity because it does not have a meaning generally familiar to those directly affected by the statute. Petitioner requests that the Board amend
Section 2402, subdivision (
a) to define “unreasonable risk” of danger to mean “an unreasonable risk that a prisoner will commit a new violent felony within the meaning of Penal Code
section 667.5.” However, peti- tioner’s allegation is unsupported. As an initial matter, the Community Release Board, which was a predecessor agency to the Board of Parole Hearings, adopted title 15,
section 2402, including sub- division (a). In adopting this regulation, the Communi- ty Release Board relied on Penal Code
section 3041 for authority and reference, as is reflected in the history note of
section 2402. Penal Code
section 3041, as it pre- viously existed, required the board to “establish criteria for the setting of parole dates.” The APA was enacted by statute in
Section 2402 of title 15 was filed with the Secretary of State on September 8, 1981, and took effect thirty days later. It was subsequently published in the California Code of Regulations (Register 1981, No. 37). Since the Com- munity Release Board adopted this regulation after the enactment of the APA, the Community Release Board met all APA requirements. Under the APA, the Califor- nia Government Code
section 11343.6 states: The filing of a certified copy of a regulation . . . with the Secretary of State raises the rebuttable presumptions that: (
a) It was duly adopted. 838
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z (
b) It was duly filed and made available for public inspection at the day and hour endorsed on it. (
c) All requirements of this
chapter [the APA] and the regulations of the office relative to such regulation have been complied with. (
d) The text of the certified copy of a regulation or order of repeal is the text of the regulation or order of repeal as adopted. The courts shall take judicial notice of the contents of the certified copy of each regulation and of each order of repeal duly filed. Therefore, California Code of Regulations, title 15,
section 2402, subdivision (
a) is presumed to have been duly adopted and consistent with the statutory duties it was intended to clarify.
Moreover, the California Supreme Court has express- ly discussed and relied on the “unreasonable risk” to public safety legal standard in reaching its decisions re- garding cases related to parole suitability, which demonstrates the Supreme Court’s approval of the stan- dard. (See In re Lawrence (2008) 44 Cal.4th 1181; In re Shaputis (2008) 44 Cal.4th 1241.) Specifically, the Supreme Court provided, “[T]he Board or the Governor may base a denial−of−parole decision upon the circum- stances of the offense, or upon other immutable facts such as an inmate’s criminal history, but some evidence will support such reliance only if those facts support the ultimate conclusion that an inmate continues to pose an unreasonable risk to public safety.” (Lawrence, supra, 44 Cal.4th at 1221.) In addition, the Supreme Court has clarified that the regulations are “designed to guide the Board’s assessment of whether the inmate poses ‘an un- reasonable risk of danger to society if released from prison,’ and thus whether he or she is suitable for pa- role.” (Shaputis, supra, 44 Cal.4th at 1258.) Of impor- tance, neither the Penal Code nor relevant case law sup- ports petitioner’s proposition that “unreasonable risk” is limited only to the risk of an inmate committing a new violent crime.
Consequently, the board DENIES petitioner’s re- quest because petitioner’s allegation is not supported by current law. 6. BOARD CONTACT PERSON: George Bakerjian Staff Attorney Board of Parole Hearings P. O. Box 4036 Sacramento, CA 95812−4036 Office: (916) 322−6729 Fax: (916) 322−3475 BPH.Regulations@cdcr.ca.gov 7. NOTICE TO INTERESTED PERSONS: Under subdivision (
d) of Government Code
section 11340.7, the board will provide a copy of this decision to the Office of Administrative Law for publication in the California Regulatory Notice Register. Any interested persons have the right to obtain a copy of the petition that is the subject of this decision by sending a request to the board. In submitting such a request, please reference BPH PETITION RESPONSE 2019−03 in the request.
DATE OF DECISION: May 7, 2019 BOARD OF PAROLE HEARINGS RESPONSE TO PETITION TO ADOPT, AMEND, OR REPEAL A REGULATION PURSUANT TO GOVERNMENT CODE SECTIONS 11340.6 AND 11340.7 BPH PETITION RESPONSE 2019−04 The Board of Parole Hearings (Board) Legal Divi- sion received a Petition to Adopt, Amend, or Repeal a Regulation under California Government Code sec- tions 11340.6 and 11340.7 from petitioner Thaddeus Boudreaux on April 24, 2019. In accordance with sub- division (
a) of
section 11340.7, this document serves as the Board’s response to the petition. The following information is provided with the re- sponse in compliance with subdivision (
d) of Govern- ment Code
section 11340.7: 1. NAME OF AGENCY: Board of Parole Hearings 2. PARTY SUBMITTING THE PETITION: Thaddeus Boudreaux (J08886) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED: Petitioner requested the Board add provisions to the California Code of Regulations, title 15 implementing California Penal Code sections 3051, subdivisions (d), (e), and (f)(1) and 4801, subdivision (
c) concerning parole consideration hearings for qualified youth offenders and the youth offender factors. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: Petitioner cited authority under Penal Code sections 3051. Further, the Board acknowledges general rulemaking authority under Government Code
section 12838.4 and Penal Code sections 3052 and 5076.2 to promulgate, amend, or repeal regulations in division 2 of title 15 of the California Code of Regulations. 5. REASONS SUPPORTING THE AGENCY’S DECISION: Petitioner requests the Board add 839
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z provisions to the California Code of Regulations, title 15 implementing the youth offender parole hearing process under Penal Code sections 3051 and 4801(
c) to provide qualified youth offenders with a meaningful opportunity for release. Petitioner’s request is GRANTED, in that the Board is already in the process of enacting regulations imple- menting, interpreting, and specifying the provisions of Penal Code sections 3051 and 4801(c). On December 24, 2018, the Board filed regulation package BPH RN 18−02 with the Office of Administrative Law and no- tice of the filing was published in the California Regula- tory Notice Register on January 4, 2019.
The proposed regulations implement the youth offender parole hear- ing process created by Penal Code sections 3051 and 4801(c), and are still undergoing the rulemaking process outlined by the California Administrative Pro- cedure Act. (Gov. Code, §§ 11340 et. seq.) While the proposed youth offender regulations are not yet in effect, the Board is already providing youth offender parole hearings as mandated under the provi- sions of Penal Code sections 3051 to qualified youth of- fenders.
The Board also requires hearing panels con- ducting parole consideration hearings for qualified youth offenders to give great weight to the youth of- fender factors, as required by Penal Code
section 4801(c). Once enacted, the proposed regulations will clarify the Board’s implementation of these processes. 6. BOARD CONTACT PERSON: Christopher Hoeft Staff Attorney Board of Parole Hearings P. O. Box 4036 Sacramento, CA 95812−4036 Office: (916) 322−6729 Fax: (916) 322−3475 BPH.Regulations@cdcr.ca.gov 7. NOTICE TO INTERESTED PERSONS: Under subdivision (
d) of Government Code
section 11340.7, the Board will provide a copy of this decision to the Office of Administrative Law for publication in the California Regulatory Notice Register. Any interested persons have the right to obtain a copy of the petition that is the subject of this decision by sending a request to the Board. In submitting such a request, please reference BPH PETITION RESPONSE 2019−04 in the request.
DATE OF DECISION: May 17, 2019 DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE OF DECISION ON PETITION TO AMEND REGULATIONS Pursuant to Government Code 11340.7 Petitioner Brian Barnett, AS−7182 Department Contact Person Please direct any inquiries regarding this action to Ying Sun, Associate Director, Regulation and Policy Management Branch, Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA 94283−0001. Availability of Petition The petition to amend regulations is available upon request directed to the Department’s contact person.
Authority Penal Code Sections 5054 and 5058 Provisions of California Code of Regulations Affected Title 15, Crime Prevention and Corrections Division 3, Adult Institutions, Programs and Parole
Summary of Petition and Department Decision
Section 3054 Petitioner’s Request: Amend
Section 3054, Reli- gious Diet Program, to adopt new provisions establish- ing that inmates who are in the process of being trans- ferred between institutions shall be provided with their approved Religious Diet meal during layovers. Peti- tioner requests the adoption of new provisions to estab- lish that an inmate’s Religious Diet status shall be trans- mitted along with other required information such as medical or custody status when an inmate is being transferred.
Reason for Request: Petitioner states that he did not receive his authorized Religious Diet meal while he was on a layover while being transferred between two insti- tutions. Petitioner states that while being transferred from Calipatria State Prison to California State Prison — Los Angeles, the Department bus in which he was travelling stopped for an overnight layover at Wasco State Prison (WSP). Petitioner states that he informed staff at WSP that he is authorized to receive kosher meals, but was not provided with the authorized meal during the layover.
Petitioner states this problem would be eliminated if the inmate’s Religious Diet status was 840
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z transmitted in hard copy form along with medical and other records. Department’s Response: The Secretary of CDCR denies the petitioner’s request in its entirety. Sections 3054 through 3054.4 regarding the Religious Diet Pro- gram are sufficiently clear to ensure the issuance of ap- proved religious diets to inmates who are in transit be- tween institutions, and therefore do not need amend- ment.
Subsection 3054.4(b)(9) establishes that the Chaplain or designated representative of the Religious Review Committee shall, upon making a determination that an inmate is eligible for a religious diet, provide the inmate with a CDCR Form 3030−B, Religious Diet Card. Subsection 3054.4(c)(1) establishes that inmate participants shall show their Religious Diet Card when receiving their approved religious diet. If any inmate believes he/she did not receive their au- thorized religious diet meal, the inmate may file an ap- peal pursuant to California Code of Regulations, Title 15, Division 3,
Article 8.
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# 2019−0422−01 CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY Investment in Mental Health Wellness Grant Program This action makes permanent the emergency regula- tions adopted to implement the Investment in Mental Health Wellness Grant Program, within the Mental Health Wellness Act of 2013, specific to the needs of children and youth.
The regulations establish the appli- cation process, selection criteria, eligible costs, mini- mum and maximum grant amounts, appeal process, and reporting requirements for grants awarded to local gov- ernment and nonprofit entities for the purpose of in- creasing mental health service capacity for children and youth in the following service domains: crisis interven- tion and stabilization, crisis residential treatment, mo- bile crisis support teams, and family respite care.
Title 4 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 Filed 05/20/2019 Effective 05/20/2019 Agency Contact: Sondra Jacobs (916) 653−2799 File# 2019−0411−01 CALIFORNIA HIGHWAY P ATROL Removal of Duplicative Title 26 Toxics Regulations This action by the California Highway Patrol re- moves regulations contained in title 26 of the California Code of Regulations that are duplicative of regulations contained in title 13.
Title 26 REPEAL: 13−1150, 13−1150.1, 13−1150.2, 13−1150.3, 13−1150.4, 13−1150.5, 13−1151, 13−1151.1, 13−1151.2, 13−1151.3, 13−1151.4, 13−1151.5, 13−1151.5.1, 13−1151.6, 13−1151.7, 13−1151.8, 13−1151.8.1, 13−1151.8.2, 13−1151.8.3, 13−1151.8.4, 13−1151.9, 13−1151.9.1, 13−1151.10, 13−1151.10.1, 13−1152.1, 13−1152.2, 13−1152.2.1, 13−1152.3, 13−1152.3.1, 13−1152.4, 13−1152.4.1, 13−1152.4.2, 13−1152.5, 13−1152.6, 13−1152.6.1, 13−1152.7, 13−1152.7.1, 13−1153, 13−1160, 13−1160.1, 13−1160.2, 13−1160.3, 13−1160.4, 13−1160.5, 13−1161, 13−1161.1, 13−1161.2, 13−1161.3, 13−1161.6, 13−1161.7, 13−1162, 13−1162.1, 13−1163, 13−1163.1, 13−1164, 13−1166, 13−1167, 13−1200, 13−1202.1, 13−1216 Filed 05/20/2019 Agency Contact: David Kelly (916) 843−3400 File# 2019−0507−01 CALIFORNIA HIGHWAY P ATROL Explosives Routes and Stopping Places This action amends three maps to add two required inspection stops in the Nipton and Jacumba areas, and add one inspection stop to the Carson area.
Title 13 AMEND: 1152.3.1, 1152.5, 1152.7 Filed 05/15/2019 Effective 05/15/2019 Agency Contact: Tian−Ting Shih (916) 843−3400 File# 2019−0425−03 CALIFORNIA HORSE RACING BOARD Presence of Clenbuterol in Quarter Horses As changes without regulatory effect, the California Horse Racing Board is amending the Veterinarian Re- port form (CHRB−24) to specify that time must be re- ported in a “00:00” format and add check boxes to the 841
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z column where the veterinarian is required to check if the horse is racing on the day the Report is completed. Title 4 AMEND: 1866.1 Filed 05/16/2019 Agency Contact: Rick Pimentel (916) 274−6043 File# 2019−0418−01 CALIFORNIA STATE UNIVERSITY Catastrophic Leave Donation Program This action by the Board of Trustees of the California State University, submitted to OAL for a courtesy filing with the Secretary of State and for printing in the Cali- fornia Code of Regulations, amends several sections dealing with the Catastrophic Leave Donation Pro- gram. This action is exempt from the Administrative Procedure Act under Education Code
section 89030(
b) and takes effect upon filing with the Secretary of State under Education Code
section 89030.1. Title 5 AMEND: 42930, 42931, 42932, 42933 Filed 05/22/2019 Effective 05/22/2019 Agency Contact: Jason Taylor (562) 951−4500 File# 2019−0409−01 DEPARTMENT OF CORRECTIONS AND REHABILITATION Provisions of Care and Treatment Exclusions This timely certificate of compliance action makes permanent the amendments made in OAL File Nos. 2018−0718−02EON and 2018−1218−04EON. The ac- tion amends two sections regarding the basis for provid- ing health care services including
definitions and condi- tions that may be excluded from care. Title 15 AMEND: 3999.98, 3999.200 Filed 05/20/2019 Effective 05/20/2019 Agency Contact: Doug Dinnell (916) 691−3836 File# 2019−0506−01 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Income Limits This regulatory action by the Department of Housing and Community Development (Department) is the an- nual update of income limits for households of varying sizes.
The Department transmitted this action to the Of- fice of Administrative Law (OAL) for filing with the Secretary of State and publishing in the California Code of Regulations pursuant to Health and Safety Code sec- tion 50093. This filing is exempt from the rulemaking requirements of Articles 5 and 6 of
Chapter 3.5 of the Administrative Procedure Act, and, therefore, is not subject to OAL’s review. (Health and Saf. Code,
sec. 50093.) This regulation is effective May 6, 2019, the date the regulations were filed with OAL, pursuant to Health and Safety Code
section 50093. Title 25 ADOPT: 6932 REPEAL: 6932 Filed 05/21/2019 Effective 05/06/2019 Agency Contact: Zach Olmstead (916) 263−5883 File# 2019−0502−02 DEPARTMENT OF JUSTICE Department of Business Oversight Bond This action by the Department of Justice is a request to file with the Secretary of State the “Student Loan Ser- vicing Act Licensee Bond” form of the Department of Business Oversight and to print the title of the adopted bond form in the California Code of Regulations. Title 11 ADOPT: 31.27 Filed 05/22/2019 Effective 05/22/2019 Agency Contact: Cara M.
Porter (415) 510−3508 File# 2019−0424−02 DEPARTMENT OF MOTOR VEHICLES Ignition Interlock Devices This resubmittal action amends the Ignition Interlock Device (IID) Program to implement statutory changes and adopt and amend related forms and procedures.
Title 13 ADOPT: 120.03, 125.21, 128.00, 128.01, 128.02 AMEND: 120.00, 124.92, 124.95, 125.00, 125.02, 125.12, 125.16, 125.18, 125.20, 125.22, 127.00, 127.02, 127.04, 127.08, 127.10 Filed 05/21/2019 Effective 05/21/2019 Agency Contact: Randi Calkins (916) 657−8898 File# 2019−0429−02 DEPARTMENT OF REAL ESTATE 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. 842
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z Title 10 AMEND: 3200 Filed 05/22/2019 Effective 06/21/2019 Agency Contact: Daniel Kehew (916) 263−8681 File# 2019−0408−02 FRANCHISE TAX BOARD
Definitions (Check the Box Regulations) The Franchise Tax Board filed this rulemaking action to amend three regulations and adopt one regulation that address the classification of business entities for tax purposes to make these regulations consistent with cor- responding federal regulations as in effect May 1, 2014, as required by Revenue and Taxation Code
section 23038(b)(2)(B)(i). Title 18 ADOPT: 23038(b)−5 AMEND: 23038(b)−1, 23038(b)−2, 23038(b)−3 Filed 05/20/2019 Effective 07/01/2019 Agency Contact: Christy Keith (916) 845−6080 File# 2019−0415−01 NEW MOTOR VEHICLE BOARD Conflict−of−Interest Code This is 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 13 AMEND: 599 Filed 05/21/2019 Effective 06/20/2019 Agency Contact: Danielle R.
Phomsopha (916) 327−3129 File# 2019−0410−01 STATE W ATER RESOURCES CONTROL BOARD San Francisco Bay BP Pescadero−Butano Watershed Sediment TMDL On June 13, 2018, the San Francisco Bay Regional Water Quality Control Board adopted Resolution R2−2018−0027, amending the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) by establishing a total maximum daily load (TMDL) for sediment in the Pescadero−Butano watershed. The State Water Resources Control Board approved the Basin Plan amendment in Resolution No. 2018−0058 on December 11, 2018.
Title 23 ADOPT: 3919.19 Filed 05/21/2019 Effective 05/21/2019 Agency Contact: Setenay Bozkurt Frucht (510) 622−2388 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF THE STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 843