REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 11−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 15, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2019−0305−01 .......................................... 435 Amendment Multi−County: San Joaquin Valley Unified Air Pollution Control District State Agency: California Behavioral Health Planning Council TITLE 4. DEPARTMENT OF TRANSPORTATION Permit Renewal Process — Notice File No.

Z2019−0228−03 ............................................ 436 TITLE 13. CALIFORNIA HIGHWAY PATROL Explosives Routes and Stopping Places (CHP−R−2019−01), Designated Routes and Stops for the Transportation of Explosives by Commercial Vehicles on Highways in the State — Notice File No. Z2019−0228−01 ...................................................... 438 TITLE 13.

CALIFORNIA HIGHWAY PATROL Explosives Routes and Stopping Places (CHP−R−2019−02), Designation of Safe Stopping Places, Safe Parking Places, Inspection Stops, and Required Inspection Stops for Commercial Vehicles Transporting Explosives on Highways in the State — Notice File No. Z2019−0228−02 ........................................................... 440 TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Naturally Occurring Lead in Candy — Notice File No.

Z2019−0305−05 ................................. 442 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Modification to Text of Proposed Regulation Concerning Chemicals in Coffee ...................... 445

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 .

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Carcinogen Identification Committee (CIC) Request for Information ......................... 446 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Developmental and Reproductive Toxicant Identification Committee (DARTIC) Request for Information ............................................................... 447 RULEMAKING PETITION DECISION BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Cotton Jones and Ronnie Randon Concerning Hearings/Denial Lengths .............................................................. 448

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 452 Sections Filed, October 3, 2018 to March 6, 2019 .................................................... 455

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 435 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: San Joaquin Valley Unified Air Pollution Control District STATE AGENCY: California Behavioral Health Planning Council A written comment period has been established com- mencing on March 15, 2019, and closing on April 29, 2019.

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

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

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

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

s) to the agency for revision and re−sub- mission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than April 29, 2019. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

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

Section 17514. NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses.

AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code−reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission. REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances.

CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 436 spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 4. DEPARTMENT OF TRANSPORTATION TO ALL INTERESTED PERSONS NOTICE IS HEREBY GIVEN that the California Department of Transportation (“Department”), Office of Outdoor Advertising, pursuant to authority granted by Business and Professions Code sections 5250 and 5415, proposes to amend

section 2424 of the California Code of Regulations, Title 4, Division 6,

Chapter 3.5, concerning the outdoor advertising permit renewal process after considering all comments, objections and recommendations regarding the proposed action. NO PUBLIC HEARING SCHEDULED The Department has not scheduled a public hearing on this proposed action. The Department, however, will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period.

Written, email or facsimile comments submitted during the prescribed comment period have the same significance and influ- ence as written or oral comments presented at a public hearing. If scheduled, the purpose of a public hearing would be to receive written and oral comments about the pro- posed regulations. It would not be a forum to debate the proposed regulations, and no decision regarding the permanent adoption of the proposed regulations would be rendered at a public hearing.

WRITTEN COMMENT PERIOD A written comment period has been established com- mencing on Friday, March 15, 2019 and ending on Monday, April 29, 2019. Any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulation action to the Depart- ment. The written comment period closes at 5:00 p.m. on Monday, April 29, 2019.

For comments to be con- sidered by the Department, they must submitted in writ- ing to the Department of Transportation, Office of Out- door Advertising, 1120 N Street, MS−36, Sacramento, California 95814; by fax at (916) 651−9359; or by e−mail with a subject line of “Permit Renewal Regula- tion Public Comment” at ODAregulations@dot.ca.gov before the close of the comment period. All written comments received by the Department during the pub- lic comment period are subject to disclosure under the Public Records Act.

CONTACT PERSONS Please direct inquiries and requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other documents or information upon which the rule- making is based, to the contact at the address herein.

California Department of Transportation Division of Traffic Operations — Outdoor Advertising Program Attn: Velessata Kelley or Kia−Maria Zamora 1120 N Street, MS−36 Sacramento, CA 95814 ODAregulations@dot.ca.gov 916−654−6473 AUTHORITY AND REFERENCE Business and Professions Code, Sections 5250 and 5415, authorize the Department to adopt the proposed regulatory actions that would set the permit renewal process authorized under Business and Professions Code, Sections 5358, 5360, 5463 and 5485. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department proposes to amend

Section 2424, Permit Renewal Process, in Title 4 of the California Code of Regulations. Business and Professions Code

Section 5250 authorizes the Department to promulgate regulations to enforce the Outdoor Advertising Act (Business and Professions Code 5200 et seq.) consis- tent with national standards. Business and Professions Code

Section 5485 requires the Director to set the annu- al permit fee. The Outdoor Advertising Act and national standards provide specific requirements and restric- tions concerning the specifications of outdoor advertis- ing displays and the conduct of outdoor advertising ac- tivities, including licensing and permitting require- ments. Moreover, there is statutory authority that con- cerns violation and enforcement provisions related to displays, permits and licenses. The proposed regulatory action will implement the Outdoor Advertising Act requirements concerning the setting of the permit renewal process by allowing Per- mittees the option to pay their renewal fee on an annual

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 437 basis or pay one−fifth of the five−year renewal fee dur- ing the five−year renewal term. It also provides clarifi- cation with regards to when a renewal fee is due and when a penalty fee is assessed. After conducting an evaluation of any other regula- tions in this area, the Department has determined that these are the only regulations concerning the outdoor advertising permit renewal process. Therefore, the pro- posed regulations are neither inconsistent nor incom- patible with existing state regulations.

These proposed regulations will continue to provide consistency and ef- fectively serve the Department, the industry and the public by ensuring that the permit renewal process is clear and understandable. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non−discretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to state: None. Significant statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to complete with businesses in other states: None. Cost impact on a representative private person(

s) or businesses: The Department is not aware of any cost im- pacts on private person(

s) or businesses that would nec- essarily incur in reasonable compliance with the pro- posed regulatory action. Statewide adverse economic impact directly affect- ing businesses and individuals: Although the proposed action will directly affect businesses statewide, includ- ing small businesses, the Department concludes the ad- verse economic impact, including the ability of Califor- nia businesses to compete with businesses in other states, will not be significant. Significant effect on housing costs: None.

Results of the Economic Impact Analysis/ Assessment The Department concludes the proposed regulations are: (1) unlikely to eliminate any jobs for outdoor ad- vertising companies, or other businesses within the State of California; (2) unlikely to eliminate any exist- ing businesses; (3) unlikely to affect the expansion of businesses currently doing outdoor advertising; and (4) unlikely to create any new jobs or businesses for out- door advertising companies or within the State of Cali- fornia.

Benefits of the Proposed Action: The proposed regu- lation will ensure that the permit renewal process is clear and understandable and allows Permittees the op- tion to pay their renewal fee on an annual basis or pay one−fifth of the five−year renewal fee during the five− year renewal term. It also provides clarification with re- gards as to when a renewal fee is due and when a penalty fee is assessed. Small Business Determination: This proposed regu- latory action may affect small business.

The Depart- ment has determined that the proposed regulatory ac- tion will directly affect business statewide, but the De- partment concludes the economic impact, will not be significant. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered, 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, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulatory action during the written com- ment period. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address during regular business hours.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regula- tions and the initial statement of reasons. Copies may be obtained by contacting the Office of Outdoor Advertis- ing at the above address or phone number. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this notice. If the Department makes modifications that are sufficiently

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 438 related to the originally proposed text, it will make the modified text (with the changes clearly indicated) avail- able to the public for at least 15 days before the Depart- ment adopts the regulations as revised. Please send re- quests for copies of any modified regulations to the Of- fice of Outdoor Advertising at the address above. The Department will accept written comments on the modi- fied regulations for 15 days after the date on which they are made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the Office of Outdoor Advertising 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 proposed regu- lation can be accessed through the Department’s web- site at www.dot.ca.gov/oda. TITLE 13. CALIFORNIA HIGHWAY PATROL TITLE 13 CALIFORNIA CODE OF REGULATIONS, DIVISION 2,

CHAPTER 6,

ARTICLE 1 AMEND SECTIONS 1152.3.1, 1152.5, AND 1152.7 Explosives Routes and Stopping Places (CHP−R−2019−01) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations, Division 2,

Chapter 6,

Article 1, Sections 1152.3.1, 1152.5, and 1152.7, regarding designated routes and stops for the transportation of explosives by commercial vehicles on highways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to Division 14, Transportation of Explo- sives, commencing with

Section 31600 of the Califor- nia Vehicle Code (CVC), the CHP shall adopt regula- tions specifying the routes to be used in the transporta- tion of explosives. The CVC requires the CHP to keep information current in regulations with maps indicating designated routes. The CHP’s field commands conduct annual surveys on the explosives routes and stops to de- termine if changes are necessary. The CHP’s Southern, Inland, and Border Divisions proposed to add two re- quired inspection stops and one inspection stop to the designated safe stops.

The proposed regulation amend- ments will add the map labels for these safe stops. These updates will provide carriers additional safe stops to re- duce potential risks associated with the transportation of explosives, and enhance public health and safety in the Carson, Nipton, and Jacumba areas. The proposed amendments have received concur- rence from the CHP’s Southern, Inland, and Border Di- visions; State Fire Marshal; and California 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 into conformance with existing statute. The proposed changes update and clarify highway stops designated for carriers transporting explosives, 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 in- compatible, 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 cvsregs@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 will be accepted until 5:00 p.m. on April 29, 2019. PUBLIC HEARINGS 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 439 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, CVS, at (916) 843−3400.

All requests for in- formation should include the following: the title of the rulemaking package, the requester’s name, proper mail- ing address (including city, state, and zip code), and a daytime telephone number in case the information is in- complete 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 re- quest 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. 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 explosives will continue to provide benefits, includ- ing the nonmonetary benefit of protecting public health and safety for residents, workers, and the environment by providing a regulatory basis for enforcement 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 explosives on high- ways. 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 440 AUTHORITY This regulatory action is being taken pursuant to Sec- tion 31616, CVC. REFERENCE This action implements, interprets, or makes specific Sections 31303, 31304, 31601, 31602, 31607, 31611, 31614, and 31616, CVC. TITLE 13. CALIFORNIA HIGHWAY PATROL AMEND TITLE 13 CALIFORNIA CODE OF REGULATIONS, DIVISION 2,

CHAPTER 6,

ARTICLE 1,

SECTION 1153 Explosives Routes and Stopping Places (CHP−R−2019−02) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations (CCR)

Section 1153, Safe Stopping and Parking Places, related to the designation of safe stop- ping places, safe parking places, inspection stops, and required inspection stops for commercial vehicles transporting explosives on highways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to

Section 31616 of the California Vehicle Code (CVC), Designation of Routes, the CHP shall pre- scribe, by regulation, a list of safe stopping places for commercial vehicles transporting explosives on high- ways.

Section 31616, CVC further requires the CHP to revise the list and keep it current. The proposed amend- ments will update the list of safe stopping places in the regulation. The CHP’s field commands conduct annual surveys on the explosives routes and safe stopping places to de- termine if changes are necessary. The CHP field com- mands inspected the locations of business establish- ments serving as safe stopping and parking places.

Business owners expressed their willingness to provide their business location and service information in the CCR by signing the CHP 114, Designation as Safe Stopping Place, or CHP 114A, Designation as Safe Parking Place. The proposed amendments will update the list of safe stopping places to be used by carriers transporting ex- plosives along the designated explosives routes. These updates are due to permissions received, denied, or a change of business information or ownership.

Addi- tionally, the Mountain Pass Joint Port of Entry Com- mercial Vehicle Enforcement Facility is added as a re- quired inspection stop and the newly opened Carson Platform Scale is added as an inspection stop. The CHP has received concurrence with the proposed regulation amendments from the State Fire Marshal. 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 into conformance with existing statute. The proposed changes update and clarify safe stopping places designated for carriers transporting explosives, 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 in- compatible, 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 cvsregs@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 will be accepted until 5:00 p.m., on April 29, 2019. PUBLIC HEARINGS 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, 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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 441 address, by facsimile at (916) 322−3154, or by calling the CHP, CVS, at (916) 843−3400. All requests for in- formation should include the following: the title of the rulemaking package, the requester’s name, proper mail- ing address (including city, state, and zip code), and a daytime telephone number in case the information is in- complete or illegible. The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP, CVS, for an ap- pointment.

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 re- quest 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.

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 including the ability of California businesses to com- pete with businesses in other states.

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, Benefits of the Proposed Action: The proposed regu- lation updating safe stopping places designated for car- riers transporting explosives will continue to provide benefits, including the nonmonetary benefit of protect- ing public health and safety for residents, workers, and the environment by providing a regulatory basis for en- forcement 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 the proposed regulatory ac- tion may affect small businesses. If a business can no longer meet the requirements for safety, they will be deleted from the list of safe stopping and safe parking places.

However, due to the very limited amount of commercial vehicles transporting explosives on the designated routes in the state, no foreseeable economic impact is projected for a small business to be removed from the list. ALTERNATIVES In accordance with

Section 11346.5(a)(13), GC, the CHP has determined 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 31616, CVC.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 442 REFERENCE This action implements, interprets, or makes specific Sections 31303, 31304, 31601, 31602, 31607, 31611, 31614, and 31616, CVC. TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT PROPOSED ADOPTION OF NEW

CHAPTER AND

SECTION

CHAPTER 3: NATURALLY OCCURRING LEAD IN CANDY

SECTION 28500: NATURALLY OCCURRING LEVELS OF LEAD IN CANDY NOTICE IS HEREBY GIVEN that the Office of En- vironmental Health Hazard Assessment (OEHHA) pro- poses to add a new

chapter and

section to Title 27 of the California Code of Regulations,

Chapter 3: Naturally Occurring Lead in Candy,

section 28500, Naturally Oc- curring Levels of Lead in Candy. 1 If adopted, this pro- posed regulation would establish the naturally occur- ring level of lead in candies containing chili and/or tamarind as required by Health and Safety Code

section 110552. PUBLIC PROCEEDINGS Public Hearing A public hearing will be held on May 8, 2019, at which time any person may present statements or argu- ments orally or in writing relevant to the action de- scribed in this notice. The public hearing will com- mence at 10:00 a.m. in the Sierra Hearing Room, Cali- fornia Environmental Protection Agency Building, 1001 I Street, 2 nd Floor, Sacramento, California and will last until noon. The hearing will be webcast and can be accessed the day of the hearing at https://video.calepa.ca.gov.

If you have special accommodation needs, please contact Monet Vela at (916) 323−2517 or monet.vela@oehha.ca.gov by April 24, 2019. TTY/ TDD/Speech−to−Speech users may dial 7−1−1 for the California Relay Service. 1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated otherwise. Written Comment Period Any written comments concerning this proposed reg- ulatory action, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on May 22, 2019, the designated close of the writ- ten comment period.

All written comments will be post- ed on the OEHHA website at the close of the public comment period. The public is encouraged to submit written informa- tion electronically, rather than in paper form. Com- ments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form can be mailed, faxed, or deliv- ered in person to the address below. All submissions should be directed to: Monet Vela Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor P. O.

Box 4010 Sacramento, California 95812−4010 Telephone: 916−323−2517 Fax: 916−323−2610 OEHHA is subject to the California Public Records Act and other laws that require the release of certain in- formation upon request. If you provide comments, please be aware that your name, address and e−mail may be available to third parties. CONTACT Please direct inquiries concerning the proposed regu- latory action described in this notice to Monet Vela at (916) 323−2517, or by e−mail to monet.vela@oehha.ca.gov.

Carl DeNigris is a back−up contact person for inquiries concerning processing of this action and is available at (916) 322−5624 or carl.denigris@oehha.ca.gov. AUTHORITY Health and Safety Code

section 110552(c)(3). REFERENCE Health and Safety Code sections 110552(

b) and 110552(c)(1). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Health and Safety Code

section 110552 requires OEHHA, in consultation with the California Depart-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 443 ment of Public Health (CDPH) and the Office of the At- torney General, to determine the “naturally occurring level” of lead in candy containing chili and tamarind. The proposed regulation establishes this naturally oc- curring level of 0.02 parts per million (ppm) based on a scientific approach summarized in the Initial Statement of Reasons and discussed in detail in the accompanying technical document titled Naturally Occurring Lead in Certain Candies. Candies Flavored with Chili and/or Tamarind (OEHHA 2019).

Anticipated Benefits of the Proposed Regulation The proposed regulation will further the goals of the authorizing statute by establishing a naturally occurring level of lead in candies flavored with chili and/or tamarind. This level will be used by CDPH when testing for levels of lead in candy for the purpose of enforcing other provisions of the statute. The proposed regulation will therefore benefit the health and welfare of Califor- nia residents by setting a science−based naturally oc- curring level that will be used to ensure that candy sold or distributed in California is not adulterated.

No Inconsistency or Incompatibility with Existing Regulations OEHHA has determined that no other state regula- tions establish a naturally occurring level for lead in candies containing chili and/or tamarind. The proposed regulatory action is therefore neither inconsistent nor incompatible with any other existing state regulations because it sets a naturally occurring regulatory level as required by statute and does not address compliance with any other law or regulation.

LOCAL MANDATE/FISCAL IMPACT OEHHA has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. OEHHA has also determined that the proposed regulation would not impose any costs to any local agency or school district requiring reimbursement under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code, that no other nondiscre- tionary costs or savings to local agencies or school dis- tricts will result from the proposed regulatory action, and that there will be no costs or savings to any state agency because of the proposed regulatory action. There are also no costs or savings in federal funding to the state. EFFECT ON HOUSING COSTS OEHHA has determined that the proposed regulatory action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE OEHHA has made an initial determination that the adoption of this regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states.

The pro- posed regulation establishes a naturally occurring level for lead in candies flavored with chili and/or tamarind and OEHHA has determined this level is achievable by following good agricultural, manufacturing, and pro- curement practices, or by other currently feasible prac- tices, at little to no additional costs to California businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code

section 11346.3(b)) Creation or Elimination of Jobs within the State of California This regulatory action will not significantly impact the creation or elimination of jobs within the State of California because OEHHA has determined this level is achievable by following good agricultural, manufactur- ing, and procurement practices, or by other currently feasible practices, at little to no additional costs to Cali- fornia businesses. Most manufacturers of candies containing chili and/ or tamarind are located outside of California, with many located in Mexico.

OEHHA was able to evaluate the types of candies made by over 100 of the approximately 200 candy manufacturers based in California, and few- er than ten companies currently produce any candies containing chili and/or tamarind. Further, based on the evaluation of recent testing data for similar candies, OEHHA has determined that the few California manu- facturers that produce this type of candy are likely al- ready in compliance with the proposed level.

And for any manufacturer that might be impacted, OEHHA has determined that the proposed naturally occurring level is achievable with minimal cost to the manufacturer. For example, the lead in chili powder can be significant- ly reduced by washing the chili peppers before process- ing and employing simple and relatively low−cost dry- ing procedures or by using higher grade chili peppers at an increase cost ranging from fractions of a cent per candy to no more than three cents per candy.

Additionally, California retailers and distributors are not likely to incur additional costs or face difficulty in obtaining candy products containing chili and/or tamarind that meet the proposed lead level require- ments. OEHHA has reviewed test results for levels of lead present in candies containing chili and/or tamarind

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 444 that were produced by nine different manufacturers in Mexico for sale into California between 2012 and 2017. Fewer than 8% of these Mexican candies sold in Cali- fornia would have exceeded the proposed level of 0.02 ppm, and no candy was reported to contain more than 0.03 ppm.

Given that the majority of Mexican candies flavored with chili and/or tamarind are already in com- pliance, and that Mexico is a leading producer of such candies, most importers and distributors/retailers of these candies in California are already sourcing compli- ant candies from Mexican manufacturers. As the major- ity of candies flavored with chili and/or tamarind manu- factured by both Californian and Mexican manufactur- ers for sale in California are already compliant with the proposed regulation, California retailers of these can- dies are unlikely to be significantly impacted.

Creation of New Businesses or Elimination of Existing Businesses within the State of California For the reasons noted above, this proposed regulatory action will not impact the creation of new businesses or the elimination of existing businesses within the State of California because very few California manufactur- ers of this type of candy exist and the costs of compli- ance are likely to be minimal.

The Expansion of Businesses Currently Doing Business within the State For the reasons noted above, this proposed regulatory action will not impact the expansion of businesses with- in the State of California because very few California manufacturers of this type of candy exist and the costs of compliance are likely to be minimal. Benefits of the Proposed Regulation The proposed regulation would establish a naturally occurring level of 0.02 ppm lead in candies containing chili and/or tamarind for the purpose of enforcing other provisions of the law related to the sale or distribution of candy within California.

The proposed regulation will therefore benefit the health and welfare of California residents by setting a science−based naturally occurring level that will be used to ensure that candy sold or dis- tributed in California is not adulterated. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS Some candy manufacturers — those that produce candies containing chili and/or tamarind — may incur costs in order to ensure their product does not exceed the proposed naturally occurring level of lead in candy flavored with chili and/or tamarind.

However, based on the evaluation of recent testing data, OEHHA has deter- mined that the few California manufacturers that pro- duce this type of candy are likely already in compliance with the proposed level. Furthermore, for any manufac- turer that might be impacted, OEHHA has determined that the proposed naturally occurring level is achievable with minimal cost to the manufacturer by following good agricultural, manufacturing, and procurement practices such as washing the chili peppers before pro- cessing and employing simple and relatively low−cost drying procedures or using higher grade chili peppers.

Therefore, any compliance costs are likely to be minimal. EFFECT ON SMALL BUSINESSES The proposed regulatory action may adversely im- pact some small businesses in California. However, for the reasons discussed above any costs are likely to be minimal. CONSIDERATION OF ALTERNATIVES Pursuant to Government Code

section 11346.5(a)(13), OEHHA must determine that no rea- sonable alternative considered by OEHHA, or that has otherwise been identified and brought to the attention of OEHHA, 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.

A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA has prepared and has available for public re- view an Initial Statement of Reasons for the proposed regulation, all the information upon which the regula- tion is based, and the text of the proposed regulation. These documents are available on OEHHA’s web site at www.oehha.ca.gov.

A V AILABILITY OF CHANGED OR MODIFIED TEXT The full text of any proposed regulation that is changed or modified from the express terms of this pro- posed action will be made available at least 15 days pri- or to the date on which OEHHA adopts the resulting regulation. Notice of the comment period on the revised proposed regulation and the full text will be mailed to individuals who testified or submitted oral or written comments at the public hearing, whose comments were received by OEHHA during the public comment peri-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 445 od, and anyone who requests notification from OEHHA of the availability of such change. Copies of the notice and the changed regulation will also be available on the OEHHA website at www.oehha.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons may be ob- tained, when it becomes available, from Monet Vela at Monet.Vela@oehha.ca.gov or the telephone number in- dicated above. The Final Statement of Reasons will also be available on OEHHA’s website at www.oehha.ca.gov.

GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) NOTICE OF MODIFICATION TO TEXT OF PROPOSED REGULATION PROPOSED ADOPTION OF NEW

SECTION UNDER

ARTICLE 7 NO SIGNIFICANT RISK LEVELS

SECTION 25704 EXPOSURES TO LISTED CHEMICALS IN COFFEE POSING NO SIGNIFICANT RISK As required by Government Code

section 11346.8(c), and Title 1,

section 44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing no- tice of changes to the proposed regulatory action to de- fine the scope of the proposed regulation (Title 27, Cali- fornia Code of Regulations 1,

section 25704.) The proposed regulation was originally the subject of a Notice of Proposed Rulemaking published on June 22, 2018, in the California Regulatory Notice Register (Register 25−Z, No. Z2018−0612−06), which initiated a 45−day public comment period. Seventy−six written comments from the public were received during the comment period that ended August 30, 2018. In addi- tion, OEHHA heard comments at a public hearing on the proposed regulation held on August 16, 2018. OEHHA has modified the language of proposed sec- tion 25704 to clarify the scope of listed chemicals cov- ered by the proposed regulation.

The modified lan- guage is in underline and strikeout format below: § 25704. Exposures to Listed Chemicals in Coffee Posing No Significant Risk Exposures to listed chemicals in coffee, listed on or before March 15, 2019 as known to the state to cause cancer, that are created by and inherent in the processes of roasting coffee beans or brewing coffee do not pose a significant risk of cancer. NOTE: Authority cited:

Section 25249.12, Health and Safety Code. Reference: Sections 25249.6 and 25249.10, Health and Safety Code. OEHHA is requesting comments on the above− described modifications to the proposed regulatory text. There is no need to resubmit comments that were previously provided to OEHHA. In order to be consid- ered, OEHHA must receive comments by 5:00 p.m. on April 2, 2019, the designated close of the com- ment period. All public comments will be posted on the OEHHA website at the close of the comment period. The public is encouraged to submit written informa- tion electronically, rather than in paper form.

Com- ments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submitted in paper form can be mailed, faxed, or deliv- ered in person to the address below. All submissions should be directed to: Monet Vela Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor P. O. Box 4010 Sacramento, California 95812−4010 Telephone: 916−323−2517 Fax: 916−323−2610 OEHHA is subject to the California Public Records Act and other laws that require the release of certain in- formation upon request.

If you provide comments, please be aware that your name, address and e−mail may be available to third parties. 1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated otherwise.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 446 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) Chemical Selected by OEHHA for Consideration for Listing by the Carcinogen Identification Committee and Request for Relevant Information on the Carcinogenic Hazard of this Chemical The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of Proposition 65 1.

The Carcinogen Identification Com- mittee (CIC) of OEHHA’s Science Advisory Board serves as the state’s qualified experts and renders an opinion about whether a chemical has been clearly shown to cause cancer 2. The chemicals identified as carcinogens by the CIC are added to the Proposition 65 list. OEHHA has selected the chemical below for the CIC’s review for possible listing under Proposition 65. OEHHA is initiating the development of hazard identi- fication materials on this chemical. Chemical Selected for Preparation of Cancer Hazard Identification Materials Chemical CAS No.

Acetaminophen 103−90−2 By this notice, OEHHA is giving the public an oppor- tunity to provide information relevant to the assessment of the evidence of carcinogenicity for acetaminophen. Relevant information includes but is not limited to: • Cancer bioassays • Cancer epidemiological studies • Genotoxicity testing • Other pertinent data on: • Pharmacokinetics • Biomarkers • Effects on biochemical and physiological processes in humans Interested parties wishing to provide such informa- tion should submit it in accordance with the instructions given below.

The publication of this notice marks the start of a 45−day data call−in period, ending on Monday, April 29, 2019. The information received during this period will be reviewed and considered by OEHHA as it pre- pares the cancer hazard identification materials on acetaminophen.

This chemical was selected using the procedure de- scribed in a 2004 document entitled: “Process for Prior- itizing Chemicals for Consideration under Proposition 65 by the State’s Qualified Experts.” This document is available on the Internet at https://oehha.ca.gov/media/ downloads/proposition−65/document/ finalpriordoc.pdf OEHHA selected this chemical from those priori- tized by the CIC in 2011. For details, follow this link: https://www.oehha.ca.gov/prop65/public_meetings/ cic101211synop.html .

Hazard identification materials for acetaminophen will be presented at a future meeting of the CIC for con- sideration of listing under Proposition 65. As of the re- lease of this notice, this meeting has not been scheduled. Hazard identification materials are made available to the public for comment prior to the CIC’s consideration of the chemical for possible listing. The availability of hazard identification materials will be announced in the California Regulatory Notice Register and on OEHHA’s website.

Public comments received on these materials are sent to the CIC for its consideration prior to the meeting at which the chemical will be considered for listing. OEHHA announces the time, date, location, and agenda of CIC meetings in the California Regula- tory Notice Register and on its website. We encourage you to submit relevant information re- sponsive to this request in electronic form, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments.

Comments submitted in paper form can be mailed, faxed, or delivered in person to the addresses below: Mailing Address: Julian Leichty Office of Environmental Health Hazard Assessment Proposition 65 Implementation Program P.O. Box 4010, MS−12B Sacramento, California 95812−4010 Fax: (916) 323−2265 Street Address: 1001 I Street Sacramento, California 95814 In order to be considered at this point in the process, the relevant information must be r eceived at OEHHA by 5:00 p.m. on Monday, April 29, 2019. 1 The Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code

section 25249.5 et seq. 2 Title 27, Cal. Code of Regs.,

section 25302 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 447 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) REQUEST FOR RELEV ANT INFORMATION ON THE REPRODUCTIVE TOXICITY (DEVELOPMENTAL TOXICITY ENDPOINT) OF CANNABIS AND CANNABIS−RELATED CHEMICALS The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of Proposition 65 1.

The Developmental and Reproductive Toxicant Identification Committee (DARTIC) of OEHHA’s Science Advisory Board serves as the state’s qualified experts and renders an opinion about whether a chemical has been clearly shown to cause reproduc- tive toxicity 2. The chemicals identified by the DARTIC are added to the Proposition 65 list. OEHHA has selected the chemicals below for the DARTIC’s review for possible listing under Proposi- tion 65 as causing reproductive toxicity (developmen- tal toxicity endpoint). OEHHA is initiating the devel- opment of hazard identification materials on these chemicals.

Chemicals Selected for Preparation of Reproductive Toxicity (Developmental Toxicity Endpoint) Hazard Identification Materials Chemical CAS No. Cannabis (marijuana) — Marijuana (cannabis) smoke — Cannabis extracts — •−9−Tetrahydrocannabinol (THC) 1972−08−3 Hazard identification materials for these chemicals will be presented at a future meeting of the DARTIC for Committee consideration of possible listings of the chemicals under Proposition 65.

By this notice, OEHHA is giving the public an oppor- tunity to provide information relevant to the assessment of the evidence of developmental toxicity for cannabis (marijuana), marijuana smoke, cannabis extracts and •−9−tetrahydrocannabinol (THC). Interested parties or members of the public wishing to provide such infor- mation should submit it in accordance with the instruc- tions given below. The publication of this notice marks the start of a 45−day data call−in period, ending on Monday, April 29, 2019.

The information received during this period will be reviewed and considered by OEHHA as it pre- pares the hazard identification materials on these chemicals. Hazard identification materials are made available to the public for comment prior to the DARTIC’s consid- eration of the chemical(

s) for possible listing. The avail- ability of the hazard identification materials will be an- nounced in the California Regulatory Notice Register and on OEHHA’s website. Public comments received on these materials will be sent to the DARTIC for its consideration prior to the meeting at which the chemi- cal(

s) are considered for listing. The time, date, loca- tion, and agenda of the DARTIC meeting where a chemical will be considered for listing will be published in the California Regulatory Notice Register and posted on OEHHA’s website. We encourage you to submit relevant information re- sponsive to this request in electronic form, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments.

Comments submitted in paper form can be mailed, faxed, or delivered in person to the addresses below: Mailing Address: Julian Leichty Office of Environmental Health Hazard Assessment Proposition 65 Implementation P.O. Box 4010, MS−12B Sacramento, California 95812−4010 Fax: (916) 323−2265 Street Address: 1001 I Street Sacramento, California 95814 In order to be considered at this point in the process, the relevant information must be received at OEHHA by 5:00 p.m. on Monday, April 29, 2019. 1 The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code

section 25249.5 et seq. 2 Title 27, Cal. Code of Regs.,

section 25302 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 448 RULEMAKING PETITION DECISION 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 2019−01 The Board of Parole Hearings (board) Legal Division received a Petition to Adopt, Amend, or Repeal a Regu- lation under Government Code sections 11340.6 and 11340.7 from petitioners Cotton Jones and Ronnie Ran- don on January 28, 2019. In accordance with subdivi- sion (

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. PARTIES SUBMITTING THE PETITION: Cotton Jones (H87387) Ronnie Randon (J07704) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED: Petitioners requested the board to repeal or amend California Code of Regulations, title 15, sections 2268, 2280, 2281, 2400, 2401, 2402, and 2403. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: The petitioners did not cite to the authority of the board to take the action requested. However, 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: Petitioners initially contend that California Code of Regulations, title 15, sections 2268(

b) and 2400 improperly permit the board, when denying parole, to defer an inmate’s subsequent parole consideration hearing for two, three, four, or five years, in violation of Penal Code

section 3041.5(b)(3). Second, petitioners contend that California Code of Regulations, title 15, sections 2280 and 2401 improperly allow the board to set parole dates in violation of Marsy’s law (Penal Code

section 3041.5(b)(3)). Third, petitioners contend that California Code of Regulations, title 15, sections 2268(a), 2280, 2281, and 2403 fail to bifurcate the parole consideration hearing process, into first an “eligibility phase,” followed by a “suitability phase.” Fourth, petitioners contend that California Code of Regulations, title 15, sections 2400 and 2402 improperly grant the board unlimited discretion when setting an inmate’s “term expiration date” in violation of Penal Code

section 3041.5(b)(3). Fifth, petitioners contend that the mandatory language of California Code of Regulations, title 15,

section 2401, requiring the board to deny parole when an inmate is found unsuitable for parole under the factors in 2402(c), is inconsistent with the statutory criteria for a denial of parole in Penal Code

section 3041(b)(1), and the clear and convincing standard in Penal Code

section 3041.5(b)(3). Petitioners’ first request contesting California Code of Regulations, title 15, sections 2268(

b) and 2400 is GRANTED. Petitioners initially contend that California Code of Regulations, title 15, sections 2268(

b) and 2400 im- properly permit the board, when denying parole, to de- fer an inmate’s subsequent parole consideration hearing in violation of Penal Code

section 3041.5(b)(3). Sec- tion 2268(

b) states in pertinent part, “[the panel] shall make specific written findings stating the bases for the decision to defer the subsequent suitability hearing for two, three, four, or five years.” (Cal. Code Regs., tit. 15, § 2268, subd. (b).)

Section 2400 states in relevant part, “A prisoner committed for first or second degree mur- der or attempted murder shall have his or her initial pa- role consideration hearing as provided in § 2268.” (Cal. Code Regs., tit. 15, § 2400.) On November 4, 2008, the People of the State of Cali- fornia approved Proposition 9, otherwise known as the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the California Constitution and Pe- nal Code to provide additional rights to victims during criminal, juvenile, and parole matters. Of relevance, Marsy’s Law amended Penal Code

section 3041.5(

b) by changing the period for scheduling an inmate’s sub- sequent parole consideration hearing following a denial of parole, from up to two years for nonmurderers and up to five years for murderers, to fifteen, ten, seven, five, or three years for all inmates. Therefore, California Code of Regulations, title 15, sections 2268(

b) and 2400 cur- rently conflict with Penal Code 3041.5(b)(3). Based on this finding, the board GRANTS petitioners’ first re-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 449 quest and will begin the process of developing a regula- tion package to bring sections 2268(

b) and 2400 of the regulations into compliance with Penal Code

section 3041.5(b)(3). Petitioners’ second request contesting California Code of Regulations, title 15, sections 2280 and 2401 is P ARTIALLY GRANTED. Petitioners contend that California Code of Regula- tions, title 15, sections 2280 and 2401 improperly allow the board to set parole dates in violation of Penal Code

section 3041.5(b)(3). Sections 2280 and 2401 state in relevant part, “A parole date set under this

article shall be set in a manner that provides uniform terms for of- fenses of similar gravity and magnitude in respect to the threat to the public. In setting the parole date, the panel shall consider the Sentencing Rules of the Superior Courts.” (Cal. Code Regs., tit. 15, §§ 2280, 2401.) Petitioners are correct in that that board no longer re- tains authority to set parole dates. However, the board’s lack of authority to set parole dates is unrelated to Penal Code

section 3041.5(b)(3), as alleged by petitioners. Rather, the board’s lack of authority to set parole dates is due to the implementation of Senate Bill 230 (2015−2016 regular session) and the California Supreme Court’s decision in In re Butler (2018) 4 Cal.5th 728. Specifically, on January 1, 2016, the Legis- lature enacted Senate Bill 230, which amended Penal Code

section 3041 to remove the board’s authority to set parole release dates. The consequence of this statutory amendment was that inmates deemed suitable for pa- role were now eligible for immediate release following all statutory review periods (assuming the grant of pa- role is not overturned), regardless of the date on which the board would have calculated a minimum term.

The California Supreme Court validated these statutory amendments in Butler, finding that due to the imple- mentation of Senate Bill 230, the “Board of Parole Hearings is relieved of its obligations to calculate base terms and adjusted base terms.” (Butler, supra, 4 Cal.5th at 748.) While the board disagrees with petitioners’ reasons for this request, the board nonetheless finds that other law supports petitioners’ request.

Therefore, the board GRANTS petitioners’ second request and will begin the process of developing a regulation package to bring sections 2280 and 2401 of title 15 of the California Code of Regulations into compliance with Senate Bill 230 and Butler. Petitioners’ third request contesting California Code of Regulations, title 15, sections 2268(a), 2280, 2281, and 2403 is DENIED.

Petitioners claim that California Code of Regula- tions, title 15, sections 2268(a), 2280, 2281, and 2403 fail to bifurcate the parole consideration hearing process, first into an “eligibility phase,” then followed by a “suitability phase.” Petitioners erroneously con- tend that the board is first required to set an inmate’s “term expiration date” utilizing the criteria listed in Pe- nal Code

Section 3041.5(b)(3), and then subsequently determine suitability for potential “early release.” Peti- tioners have evidently confused California laws regard- ing how the board assesses suitability for parole, the le- gal options available to the board upon reaching a pa- role suitability decision, and the board’s limitation in determining when to

schedule an inmate’s next parole consideration hearing following a decision to deny parole. The Board’ s First Requirement is to Assess Suitability for Parole The board’s parole decisions are governed by Penal Code

section 3041. Subdivision (

b) of

section 3041 pro- vides that the board shall grant parole “unless [the board] determines that the gravity of the current con- victed offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for this individual.” (Pen.

Code, § 3041, subd. (b).) The board promulgated sections 2281 and 2402 of ti- tle 15 of the California Code of Regulations to promote uniformity and consistency in making the determina- tion of whether consideration of the public safety re- quires a more lengthy period of incarceration. The regu- lations provide a nonexclusive list of circumstances tending to show suitability or unsuitability for release that are designed to guide the board’s assessment of whether an inmate poses “an unreasonable risk of dan- ger to society if released from prison,” and thus whether he or she is suitable for parole. (Cal.

Code Regs., tit. 15, §§ 2281, subd. (a), 2402, subd. (a).) Under these regula- tions, when assessing whether an inmate poses an un- reasonable risk of danger to society if released from prison, the board must consider all relevant, reliable in- formation available on a case−by−case basis.

As set forth in the governing regulations, the board must grant parole to an individual, unless it finds, in the exercise of its judgment after considering the circumstances enu- merated in sections 2281 or 2402 of the regulations, that the inmate presents an unreasonable risk to public safe- ty, and is therefore unsuitable for parole.

The California Supreme Court subsequently con- firmed this process, but clarified that the Penal Code and corresponding regulations establish that the funda- mental consideration in parole decisions is public safe- ty, and that the “core determination” of public safety in- volves an assessment of an inmate’s “current danger- ousness.” (In re Lawrence, (2008) 44 Cal.4th 1181, 1205; In re Shaputis (2008) 44 Cal.4th 1241; In re Sha-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 450 putis (Shaputis II) (2011) 53 Cal.4th 192.) The Califor- nia Supreme Court specifically found that the factors listed in sections 2281 and 2402 are “designed to guide an assessment of the inmate’s threat to society, if re- leased, and hence could not logically relate to anything but the threat currently posed by the inmate.” (Lawrence, supra, 44 Cal.4th at 1206.) Thus, the relevant case law makes clear that the para- mount consideration for the board under the governing statute and corresponding regulations involves an as- sessment of whether an inmate poses a current unrea- sonable risk to public safety.

To that end, the regulations specify that the panel shall first determine whether an inmate is suitable for release on parole. Regardless of the length of time served, an inmate shall be found un- suitable and denied parole if, in the judgment of the pan- el, the inmate will pose a current unreasonable risk of danger to society if released from prison. (Lawrence, supra, 44 Cal.4th at 1205; Shaputis, supra, 44 Cal.4th at 1241; Shaputis II, supra, 53 Cal.4th at 192; Cal.

Code Regs., tit. 15, §§ 2281, subd. (a), 2402, subd. (a).) Therefore, the aforementioned statutory and regulatory authority confirms that the board’s first responsibility in the parole consideration hearing process is to determine whether an inmate is suitable for parole. Options Available to the Board after a Parole Suitability Decision As noted above, the board is required to grant parole unless it determines that the inmate currently poses an unreasonable risk of danger to public safety. (Pen. Code, § 3041, subd. (b), Cal.

Code Regs., tit. 15, §§ 2281, subd. (a), 2402, subd. (a).) This means that, if the panel determines that the inmate does not pose a cur- rent unreasonable risk to public safety if released, the panel is required to grant parole. (Pen. Code, § 3041, subd. (b), Cal.

Code Regs., tit. 15, §§ 2280, 2401.) In contrast, if after assessing the factors outlined in sec- tions 2281 and 2402 of the regulations, the panel deter- mines that an inmate does continue to pose a current un- reasonable risk to public safety if released, the panel is required to deny parole, regardless of the length of time served. (Ibid.) Legal Options Available to the Board upon a Denial of Parole As explained above, Marsy’s Law increased the peri- od of time between subsequent parole hearings for in- mates who are denied parole.

The increased intervals between parole hearings are applicable to all life in- mates. According to its new provisions, upon a decision to deny parole, the board shall

schedule the inmate’s next parole consideration hearing as follows: Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require and more lengthy incarceration for the inmate than 10 additional years.

Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require and more lengthy incarceration for the inmate than seven additional years.

Three years, five years, or seven years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy incarceration for the inmate than seven additional years. (Pen. Code, § 3041.5, subd. (b)(3)(A)−(C).) The Penal Code makes clear that, following a deci- sion to deny parole, the board must

schedule the in- mate’s next parole hearing in 15 years, unless the board finds, by clear and convincing evidence, that the criteria relevant the decision denying parole are such that con- sideration of the public and victim’s safety does not re- quire a more lengthy period of incarceration for the in- mate than 10 additional years. If the board makes such a finding, the next hearing shall be in 10 years, unless the board finds, again by clear and convincing evidence and considering the same criteria and considerations, that a period of more than seven years is not required.

In that event, the panel may set the next hearing in three, five, or seven years. Petitioners evidently misinterpret the purpose of Pe- nal Code

section 3041.5(b)(3), and erroneously believe that it refers to establishing a final termination date of an inmate’s sentence. This is not the case, as Penal Code

section 3041.5(b)(3) relates exclusively to the length of time that the board may defer an inmate’s subsequent parole consideration hearing following a finding of un- suitability and a denial of parole. Therefore, because there is no legal authority for this request, the petition- ers’ third request contesting California Code of Regula- tions, title 15, sections 2268(a), 2280, 2281, and 2403 is DENIED. Petitioners’ fourth request contesting California Code of Regulations, title 15, sections 2400 and 2402 is DENIED. Petitioners next contend that California Code of Reg- ulations, title 15, sections 2400 and 2402 improperly

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 451 grant the board unlimited discretion when setting an in- mate’s “term length.” Petitioners argue that these regu- latory sections violate Penal Code

section 3041.5(b)(3) because the statue “limits the board’s discretion over the release of an inmate” as it requires the board to set a “finalized term” for an inmate of either 3, 5, 7, 10, or 15 years. Here again, it appears that petitioners misinter- preted these laws. Specifically, petitioners are under the mistaken belief that the language referencing the board’s discretion in sections 2400 and 2402 of the reg- ulations relates to the board’s discretion in setting an in- mate’s “term expiration date.” Based on this error, peti- tioners contend that the regulatory discretion in sections 2400 and 2402 violates Penal Code

section 3041.5(b)(3), which petitioners incorrectly interpret as parameters for the board when setting an inmate’s “term expiration date.” As an initial matter, term expiration dates do not ex- ist. As previously explained, Penal Code

section 3041.5(b)(3) establishes parameters for the board when setting an inmate’s denial length following a decision to deny parole. The Penal Code makes clear that, follow- ing a decision to deny parole, the board must

schedule the inmate’s next parole consideration hearing in either 15, 10, 7, 5, or 3 years, utilizing a clear and convincing evidence standard. Thus, this term signifies the amount of time before an inmate, who has been denied parole, will receive his or her next parole consideration hearing before the board, rather than the fixing of a term expira- tion date, as alleged by petitioners. Moreover, as previously explained, Senate Bill 230 amended Penal Code

section 3041 to remove the board’s authority to set parole release dates. Following this statutory amendment, inmates deemed suitable for parole became eligible for immediate release “subject to all applicable review periods,” regardless of the date on which the board would have calculated a minimum term, so long as the inmate reached his or her minimum eligible parole date or other release date in accordance with other statutory provisions. (Pen.

Code, § 3041, subd. (a)(4).) The board’s discretion, as outlined in sections 2400 and 2402 of the regulations, relates to the discretion when assessing an inmate’s suitability for parole. The regulations identify circumstances tending to establish suitability and unsuitability for parole. (Cal.

Code Regs., tit. 15, § 2402, subds. (c), (d).) However, these circumstances provide only general guidelines, as the importance attached to any circumstance or combina- tion of circumstances in a given case is left to the board’s sound judgment. (In re Rosenkrantz (2002) 29 Cal.4th 616, 655.) Notwithstanding the detailed statuto- ry and regulatory framework, parole suitability deci- sions are essentially discretionary; they “entail the board’s attempt to predict by subjective analysis” the inmate’s suitability for release on parole. (Ibid.) Such a prediction requires analysis of individualized factors on a case−by−case basis and the board’s discretion in that regard is “almost unlimited.” (Ibid.) As the California Supreme Court clarified, “It is not the existence or nonexistence of suitability or unsuitability factors that forms the crux of the parole decision; the significant cir- cumstance is how those factors interrelate to support a conclusion of current dangerousness to the public.” (Lawrence, supra, 44 Cal.4th at 1212.) Therefore, the regulations and relevant case law make clear that the language referencing the board’s discretion in sections 2400 and 2402 of the regulations relates only to the board’s discretion when determining whether the in- mate represents a current unreasonable risk to public safety if released, and not the discretion to set an in- mate’s term expiration date.

The parameters outlined in Penal Code

section 3041.5(b)(3) relate only to an inmate’s denial length following a finding of unsuitability and a denial of pa- role, which represents the amount of time before an in- mate will receive his or her next parole consideration hearing before the board, not a final specified term expi- ration date. Moreover, the language referencing the board’s discretion in sections 2400 and 2402 of title 15 of the California Code of Regulations relates to the board’s discretion in determining an inmate’s suitabili- ty for parole.

Therefore, because there is no legal au- thority for this request, the petitioners’ fourth request contesting California Code of Regulations, title 15, sec- tions 2400 and 2402 is DENIED. Petitioners’ fifth request contesting California Code of Regulations, title 15,

section 2401 is DENIED. Petitioners contend that the mandatory language of California Code of Regulations, title 15,

section 2401, requiring the board to deny parole when an inmate is found unsuitable under the factors in 2402(c), is incon- sistent with the statutory criteria for a denial in Penal Code

section 3041(b)(1), and the clear and convincing standard in Penal Code

section 3041.5(b)(3). Again, pe- titioners have confused statutory and regulatory author- ity regarding the board’s legal options following an as- sessment of an inmate’s suitability for parole and the board’s limitation in determining when to

schedule an inmate’s subsequent parole consideration hearing fol- lowing a decision to deny parole. California Code of Regulations, title 15,

section 2401 provides, in relevant part, “A parole date shall be denied if the prisoner is found unsuitable for parole under Sec- tion 2402(c). A parole date shall be set if the prisoner is found suitable for parole under

Section 2402(d).” (Cal. Code Regs., tit. 15, § 2401.) As previously stated, the board is required to grant parole unless it determines that the consideration of the public safety requires a

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 452 more lengthy period of incarceration. (Pen. Code, § 3041, subd. (b).) Sections 2281 and 2402 of the regu- lations set forth the factors to be considered by the board in carrying out the mandate of the statute. The factors outlined in sections 2281 and 2402 help the board assess the current dangerousness of an inmate in relation to the timing and gravity of current or past convicted offense, and therefore guide the board’s evaluation of whether an inmate is suitable for parole. As previously explained, following a denial of pa- role, the board is restricted by the parameters enumerat- ed in Penal Code

section 3041.5(b)(3) when determin- ing when to

schedule an inmate’s next parole considera- tion hearing. Once the board makes a determination that an inmate represents a current unreasonable risk of dan- ger to society, it must deny parole as required by sec- tions 2280 and 2401 of the regulations. After denying parole, the board is required to set a denial length in ac- cordance with Penal Code

section 3041.5(b)(3). Within the parameters of the statute, the board, utilizing a clear and convincing evidence standard, must

schedule the inmate’s next parole consideration hearing in either 15, 10, 7, 5, or 3 years. Here again, petitioners have confused the statutory and regulatory authority regarding the board’s require- ments to either grant or deny parole following an assess- ment of an inmate’s suitability and the board’s limita- tion in determining when to

schedule an inmate’s next parole consideration hearing following a decision to de- ny parole. These two concepts are unrelated. The mandatory language in the regulations requiring the board to either grant or deny parole relates solely to the determination of an inmate’s suitability for parole. In contrast, the criteria specified in Penal Code

section 3041.5(b)(3) relates solely to the setting of a denial length, which determines the length of time before an inmate receives his or her subsequent parole considera- tion hearing following a denial of parole. Therefore, be- cause there is no legal authority for this request, the peti- tioners’ fifth request contesting

section 2401 of title 15 of the California Code of regulations is DENIED. 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 2019−01 in the request. DATE OF DECISION: February 27, 2019

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 effect, 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 03/06/19 Agency Contact: Aaron Bone (916) 561−1792 File# 2019−0220−02 CALIFORNIA HIGHWAY P ATROL Explosives Routes and Stopping Places The California Highway Patrol filed this action to up- date the routes for the transportation of explosives by commercial vehicles on highways in the state by re- moving 2.2 miles and extending 10.4 miles of designat- ed 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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 453 File# 2019−0118−04 COMMISSION ON TEACHER CREDENTIALING Conflict−of−Interest Code OAL filed this regulation(

s) or order(

s) of repeal with the Secretary of State, and will publish the regulation(

s) or order(

s) of repeal in the California Code of Regulations. Title 2 AMEND: 80225 Filed 02/27/2019 Effective 03/29/2019 Agency Contact: Christopher Rose (916) 445−0474 File# 2019−0207−05 DEPARTMENT OF CORRECTIONS AND REHABILITATION Non Substantive Changes — Inmate Housing and Serious Rules Violations This change without regulatory effect filing by the Department of Corrections and Rehabilitation amends two sections to update internal cross−references.

Title 15 AMEND: 3269.1, 3315 Filed 03/05/2019 Agency Contact: Laura Lomonaco (916) 445−2217 File# 2019−0116−02 DEPARTMENT OF FOOD AND AGRICULTURE Industrial Hemp Cultivation, List of Approved Seed Cultivars In this action the Department of Food and Agriculture adopts the list of approved industrial hemp seed culti- vars. The adoption of the list of approved seed cultivars is exempt from the Administrative Procedure Act pur- suant to Food and Agricultural Code

section 81002(c)(2). Title 3 ADOPT: 4920 Filed 02/28/2019 Effective 02/28/2019 Agency Contact: Dean Kelch (916) 403−6650 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# 2019−0116−01 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Housing Element Annual Progress Reports The Department of Housing and Community Devel- opment submitted this action to repeal regulations relat- ed to housing element annual progress reports. These changes were submitted to OAL for filing and printing only, exempt from the APA pursuant to Government Code

section 65400(a)(2)(B). Title 25 REPEAL: 6200, 6201, 6202, 6203 Filed 02/28/2019 Effective 02/28/2019 Agency Contact: Lauren McAdams (916) 263−5027 File# 2019−0118−03 DEPARTMENT OF MANAGED HEALTH CARE General Licensure Requirements The Department of Managed Health Care is defining a health care service plan to include an entity that takes on global risk (both institutional and professional risk) for services provided to health plan subscribers and en- rollees.

This rulemaking also sets out requirements for a restricted health plan license as well as standards for ob- taining an exemption from health plan licensing requirements. Additionally, this rulemaking defines relevant terms concerning financial risk.

Title 28 ADOPT: 1300.49 Filed 03/05/2019 Effective 07/01/2019 Agency Contact: Jennifer Willis (916) 324−9014 File# 2019−0114−02 DEPARTMENT OF PUBLIC HEALTH Skilled Nursing Facility 3.5 Direct Care Hours This certificate of compliance rulemaking action by the California Department of Public Health makes per- manent, with modifications, regulatory changes origi- nally adopted in emergency action 2018−0619−02 to implement minimum staffing requirements for skilled nursing facilities as established by statutes 2017, chap- ter 52 (SB 97).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 454 Title 22 AMEND: 72329.2 Filed 02/27/2019 Effective 02/27/2019 Agency Contact: Anita Shumaker (916) 440−7718 File# 2019−0131−03 DEPARTMENT OF PUBLIC HEALTH Newborn Screening Program Fee Increase 2018 This action makes permanent the emergency rule- making increase in the Newborn Screening Program all−inclusive program participation fee from $129.25 to $141.25.

Title 17 AMEND: 6508 Filed 02/28/2019 Effective 02/28/2019 Agency Contact: Laurel Prior (916) 440−7673 File# 2019−0118−01 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Recycling and Disposal Reporting System This action implements the Recycling and Disposal Reporting System, pursuant to which waste, recycling, and compost facilities, as well as exporters, brokers, and transporters of recyclables or compost are required to submit information regarding the types, quantities, and destinations of materials that are disposed of, sold, or transferred within or out of the state to the Department.

Title 14, 27 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 Filed 03/05/2019 Effective 03/05/2019 Agency Contact: Kate Nitta (916) 341−6067 File# 2019−0225−01 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Designated Approval Collectors This emergency rulemaking by the Department of Resources Recycling and Recovery (Department) read- opts without modification, changes made in emergency action 2017−0309−02E, which amended existing regu- lations and adopted new

article 7, in title 14, division 7,

chapter 8.2 of the California Code of Regulations relat- ing to Designated Approved Collectors of covered elec- tronic waste. Title 14 ADOPT: 18660.47, 18660.48, 18660.49, 18660.50, 18660.51 AMEND: 18660.5, 18660.20 Filed 03/05/2019 Effective 03/17/2019 Agency Contact: Meagan Wilson (916) 341−6077 File# 2019−0124−02 DEPARTMENT OF TOXIC SUBSTANCES CONTROL 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 22 AMEND: 66250, 66250.1, 66250.2 Filed 03/05/2019 Effective 04/04/2019 Agency Contact: Gregory Lyall (916) 324−0339 File# 2019−0114−01 FAIR EMPLOYMENT AND HOUSING COUNCIL Criminal History and New Parent Leave Act This rulemaking action by the Fair Employment and Housing Council amends existing requirements to ref- erence the New Parent Leave Act (Gov. Code

section 12945.6). Title 2 AMEND: 11087, 11095, 11097 Filed 02/27/2019 Effective 04/01/2019 Agency Contact: Jacob Barak (213) 337−4505 File# 2019−0219−03 FISH AND GAME COMMISSION Klamath River Basin Spring Chinook Salmon Sport Fishing This emergency rulemaking action by the Fish and Game Commission amends the Klamath River Basin regulations to protect spring Chinook Salmon from take. The spring Chinook Salmon is currently under consideration for listing as endangered under the Cali- fornia Endangered Species Act. Title 14 AMEND: 7.50 Filed 02/28/2019 Effective 02/28/2019 Agency Contact: Sherrie Fonbuena (916) 654−9866

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 455 File# 2019−0118−02 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Guarding of Conveyor Belt Support Rollers — Note This rulemaking action by the Occupational Safety and Health Standards Board clarifies the requirement to guard conveyor belt support rollers. Title 8 AMEND: 3999(

b) Filed 03/05/2019 Effective 07/01/2019 Agency Contact: Lara Paskins (916) 274−5721 File# 2019−0125−02 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Powered Platform Installations — Equipment This change without regulatory effect by the Occupa- tional Safety and Health Standards Board updates a cross−reference that should have been updated when a subdivision was relettered and renumbered in OAL Matter No. 2007−0216−07S.

Title 8 AMEND: 3295 Filed 02/28/2019 Agency Contact: Christina Shupe (916) 274−5721 File# 2019−0122−07 STATE W ATER RESOURCES CONTROL BOARD TMDLs for nitrogen and phosphorus compounds Franklin Creek watershed This action amends the Water Quality Control Plan for the Central Coastal Basin to establish total maxi- mum daily loads for nitrogen and phosphorus com- pounds in the Franklin Creek watershed.

Title 23 ADOPT: 3929.17 Filed 03/04/2019 Effective 03/04/2019 Agency Contact: Larry Harlan (805) 594−6195 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN October 3, 2018 TO March 6, 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 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, 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 03/06/19 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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 456 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 AMEND: 3435(b) 11/06/18 10/08/18 AMEND: 3591.12 Title 4 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 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 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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 457 10/08/18 ADOPT: 13850, 13851, 13853, 13855, 13856, 13857, 13858, 13859, 13860, 13861, 13862, 13863, 13864, 13865, 13866, 13867, 13868, 13870, 13871, 13872, 13873, 13874 Title 9 02/05/19 AMEND: 4350 01/15/19 ADOPT: 4011, 4012, 4013, 4014, 4014.1, 4015 10/04/18 AMEND: 4350 Title 10 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 12/31/18 ADOPT: 5460 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 11/27/18 AMEND: 17.00 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 03/05/19 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, 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 458 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 03/05/19 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, 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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 459 10/17/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 10/08/18 AMEND: 3352.2, 3352.3, 3354, 3355.1 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 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 10/08/18 ADOPT: 1423.1, 1423.2 AMEND: 1418, 1424, 1426, 1430 Title 17 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, 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 10/09/18 ADOPT: 40127, 40132, 40190, 40191, 40192, 40194, 40196

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 460 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 ADOPT: 35201 10/23/18 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 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,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 11-Z 461 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 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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