California Regulatory Notice Register — Register 2019, No. 14-Z (April 05, 2019)

Cal. Reg. Notice Reg. 2019, No. 14

California Z Register

REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 14−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 5, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Conflict−of−Interest Code — Notice File No. Z2019−0326−02 .......................................... 519 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No.

Z2019−0326−03 .......................................... 519 Amendment State Agency: Business, Consumer Services and Housing Agency Government Operations Agency Adoption Multi−County: Chowchilla Water District California Cannabis Authority TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT Janitorial Employer Registration — Notice File No. Z2019−0326−06 ..................................... 521 TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT Property Service Sexual Harassment Training — Notice File No. Z2019−0326−05 .......................... 526 TITLE 14.

DEPARTMENT OF FISH AND WILDLIFE Drift Gill Net Transition Program Implementation — Notice File No. Z2019−0325−01 ....................... 532 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Copayment and Artificial Appliances — Notice File No. Z2019−0325−02 ................................. 535 TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY Paramedic Regulations — Notice File No.

Z2019−0326−01 ............................................ 538 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Research on Monitoring Golden Eagle and Bald Eagle Nest Sites — Eric Hallingstad, Western EcoSystems Technology, Inc. ................................................ 542

RULEMAKING PETITION DECISIONS BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Cindy Young Concerning Suitability Factors ........................... 542 DEPARTMENT OF INSURANCE Notice of Decision on Petition Concerning Automobile Rating Factor .................................... 543

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 545 Sections Filed, October 24, 2018 to March 27, 2019 .................................................. 547 NOTICE OF EDITORIAL CORRECTION DEPARTMENT OF HEALTH AND CARE SERVICES ............................................... 554 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 519 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY NOTICE IS HEREBY GIVEN that the Business, Consumer Services and Housing Agency, pursuant to the authority vested in it by

section 87306 of the Gov- ernment Code, proposes amendment to its conflict−of− interest code. A comment period has been established commencing on April 5, 2019 and closing on May 20, 2019. All inquiries should be directed to the contact list- ed below. The Business, Consumer Services and Housing Agency proposes to amend its conflict−of−interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial in- terest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict−of−interest code include: adding members and staff of the Homeless Coordinat- ing and Financing Council (HCFC), including Council Members, the Executive Director, Staff Services Man- ager III, Staff Services Manager II, Research Program Specialist II, and the Associate Governmental Program Analyst, to the list of designated positions that must file statements of economic interest with the Agency.

The proposed changes also add a fourth disclosure category requiring disclosure of investments, business positions in business entities and income (including receipt of gifts, loans and travel payments) from sources that are of the type to receive grants or other funding to address homelessness from or through the Agency, and sources that provide leased facilities, goods, equipment, vehi- cles, technology, telecommunications goods, machin- ery or services, including training or consulting ser- vices of the type utilized by the HCFC.

Finally, the pro- posed changes make a technical clarification that the Business, Consumer Services and Housing Agency em- ploys the HCFC staff. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact set forth below. Any interested person may submit written comments relating to the proposed amendment by submitting them no later than May 20, 2019, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than May 5, 2019.

The Business, Consumer Services and Housing Agency has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Phil Laird, Deputy General Counsel 915 Capitol Mall Ste 350A Sacramento, CA 95814 Telephone: (916) 653−4090 E−Mail: philip.laird@bcsh.ca.gov TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict of in- terest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT STATE AGENCY: Business, Consumer Services and Housing Agency Government Operations Agency

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 520 ADOPTION MULTI−COUNTY: Chowchilla Water District California Cannabis Authority A written comment period has been established com- mencing on April 5, 2019, and closing on May 20, 2019. Written comments should be directed to the Fair Politi- cal Practices Commission, Attention Brianne Kilbane, 1102 Q Street, Suite 3000, Sacramento, California 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 May 20, 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. 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−inte- rest 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- 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 521 TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT DEPARTMENT OF INDUSTRIAL RELATIONS Subject Matter of Regulations: Janitorial Employer Registration TITLE 8, CALIFORNIA CODE OF REGULATIONS New Sections 13810−13819 NOTICE IS HEREBY GIVEN that the Labor Com- missioner proposes to adopt new sections 13810 through 13819.5 in proposed Subchapter 13 of existing

Chapter 6, of Division 1, of Title 8, California Code of Regulations, relating to Janitorial Employer Registration. PROPOSED REGULATORY ACTION The Labor Commissioner proposes to adopt regula- tions under new Subchapter 13 of

Chapter 6 of Division 1 consisting of the following:

Article 1. Registration Application

Section 13810 Application for Registration

Article 2. Issuance of Registration; Changes in Information; Registry List

Section 13811 Registration Certificate

Section 13812 Online Registry

Article 3. Civil Penalty

Section 13812.5 Civil Penalty for Contracting with Unregistered Employers

Article 4. Denial of Registration; Suspension and Revocation

Section 13813 Actions on Applications and Registrations

Section 13814 Notice of Denial, Suspension or Revocation; Notice of Defense

Section 13815 Failure to File Notice of Defense; Discovery; Notice of Hearing

Section 13816 Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Section 13817 Rights of Parties at Hearing; Taking of Evidence; Rules of Procedure

Section 13818 Proposed Decision; Decision of Labor Commissioner; Judicial Review

Article 5. Recordkeeping

Section 13819 Employees Covered by Recordkeeping Requirement TIME AND PLACE OF PUBLIC HEARING A public hearing has been scheduled to permit all in- terested persons the opportunity to present statements or arguments, either orally or in writing, with respect to the subjects noted above.

The hearing will be held at the following time and place: Date: May 21, 2019 Time: 10:00 a.m. to 5:00 p.m., or conclusion of business Place: Junipero Serra State Office Building Carmel Room, 1st Floor 107 South Broadway Los Angeles, CA 90012 The State Office Building and designated room are accessible to persons with mobility impairments. Alter- nate formats, assistive listening systems, sign language interpreters, or other type of reasonable accommoda- tion to facilitate effective communication for persons with disabilities, are available upon request.

Please con- tact the Division of Labor Standards Enforcement at 510−285−2118 to request an accommodation, or through the California Relay Service by dialing 711 or 1−800−735−2929 (TTY/English) or 1−800−855−3000 (TTY/Spanish) as soon as possible to request assistance. Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or 5:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon ses- sion will be held.

The Labor Commissioner requests, but does not re- quire, that any persons who make oral comments at the hearing also provide a written copy of their comments. Equal weight will be accorded to oral comments and written materials. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Department of Indus- trial Relations, Division of Labor Standards Enforce- ment. The written comment period closes at mid- night on May 20, 2019.

The Labor Commissioner will consider only comments received at the Division by that time. Equal weight will be accorded to comments presented at the hearing and to other written comments received by midnight on that date by the Division.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 522 Submit written comments concerning the proposed regulations prior to the close of the public comment pe- riod to: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 Written comments may also be sent electronically (via email) using the following email address: DLSERegulations@dir.ca.gov Written comments may also be submitted by facsimi- le transmission (FAX), addressed to the above−named contact person at (916) 263−2920.

Due to the inherent risks of non−delivery by facsimile transmission, the Di- vision suggests, but does not require, that a copy of any comments transmitted by facsimile transmission also be submitted by regular mail. Comments sent to other email addresses or fac- simile numbers will not be accepted. Comments sent by email or facsimile are subject to the deadline set forth above for written comments. AUTHORITY AND REFERENCE The Labor Commissioner is undertaking this regula- tory action pursuant to the authority under Labor Code sections 59, 95(a), 98.8, and 1422.

Reference is to Labor Code sections 1423, 1425, 1427, 1428, 1429, 1430, and Code of Civil Procedure

section 1094.5. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Existing law establishes a registration program, ef- fective July 1, 2018, for any employer, as defined, who enters into a contract, subcontract, or franchise agree- ment to provide janitorial services using a covered worker that is any individual predominantly working as a janitor, as defined, to register with the Labor Commis- sioner. (AB 1978;

Chapter 373, Statutes of 2016) The legislation prohibits any employer from conducting business without complying with the registration requirement. Existing law provides that the registration program is to be administered and enforced by the Labor Commis- sioner, who is Chief of the Division of Labor Standards Enforcement (DLSE or Division) within the Depart- ment of Industrial Relations.

Existing law requires an application for employers to register with the Labor Commissioner, information concerning the applicant employer, including such in- formation which the Labor Commissioner requires for the administration and enforcement of the act, annual renewals of registrations, fees, a public database of jani- torial employers, and authority for the agency to take adverse action on a registration. The proposed regulation provides necessary stan- dards for the registration program which the Labor Commissioner is required to administer.

These stan- dards include further specifying information items on an application, issuance of a registration certificate, and registration renewals. The proposal also specifies the procedure for an applicant to contest a denial of an ap- plication and for suspension and revocation procedures compliant with due process requirements which are necessary to fully administer the registration program where a subsequent action impacts the registrant’s qual- ification for a registration certificate.

The proposals are necessary for the Labor Commissioner to duly and effi- ciently administer the mandated registration program designed to regulate janitorial employers who provide janitorial services using covered workers, as defined, under a contract, subcontract, or franchise agreement with other entities in this state. These proposed regulations implement, interpret, and make specific the statutory requirements of

Part 4.2 of Division 2 of the Labor Code (commencing with

Section 1420), hereafter referred to as “the Act” as follows: Proposed Subchapter 13 (of

Chapter 6, Division 1, Title 8 of the California Code of Regulations) contains five (5) articles which group sections by related subject matter and further implement, establish standards, and provide requirements for application and issuance of registration to any person who is a janitorial employer performing janitorial activities in California, for any denial, revocation, or suspension of such registration, for issuance of civil penalties for contracting with an unregistered employer, and for an employer’s record- keeping obligations.

The sections implement require- ments or make more specific administrative procedures specified in Sections 1420 through 1434, inclusive, which relate to issuing and maintaining registrations of janitorial employers, as well as their recordkeeping re- quirements.

Article 1. Application Requirements

Section 13810 provides a specific procedure and content requirements for applying for registration with the Labor Commissioner, including submission of an application either online or in writing on a designated form containing specified items of information which relate to the identification of the applicant, entity infor-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 523 mation, location and contact information, and other specified items, and a payment of the $500 fee for initial registration and subsequent annual renewal.

Article 2. Registration Certificate

Section 13811 provides the administrative process for issuance of a registration certificate, information items included on the certificate, and procedures for changes in information.

Section 13812 provides the information contained on the online registry of registered janitorial employers ac- cessible on the Department of Industrial Relations’ website and maintained by the Labor Commissioner which indicates the status of a registration, including denial, suspension, or revocation.

Article 3. Civil Penalty

Section 13812.5 provides the procedure and frame- work for assessing civil penalties under Labor Code

section 1432(

b) and provides clarification for determin- ing initial and subsequent violations.

Article 4. Denial of Registration; Suspension and Revocation

Section 13813 provides for administrative actions which may be taken by the Labor Commissioner for ad- dressing (1) a denial of an application for registration when the agency determines that the applicant fails to qualify for registration under the requirements in Arti- cle 1 of this subchapter, and (2) the suspension, revoca- tion, or refusal to renew a registration by a registrant who violates or fails to comply with the Act or this sub-

chapter applicable to registrants. The

section introduces the subsequent procedures for the respective actions taken by the Labor Commissioner.

Section 13814 provides for a notice for a denial of an application or for a suspension or revocation if sought by the Labor Commissioner against an applicant or reg- istrant and provides the requirements for providing no- tice of the respective administrative action by the Labor Commissioner. The

section also creates a right to a hearing if appealed by the filing of a notice of defense within the prescribed period by the applicant/registrant, provides the grounds for a notice of defense, and waiver of a right to hearing if there is a failure to file a timely notice of defense.

Section 13815 provides the procedures and rights of an applicant or registrant in the event of filing a timely notice of defense, establishes the right to a hearing, the exclusive right and method for discovery, notice of hearing to all parties at least 10 days prior to the hearing, and the right to request an interpreter.

Section 13816 provides procedures for conducting a hearing based on a denial of an application or for sus- pension or revocation of a registration, including the in- formal nature of the hearing and conferring authority to the hearing officer to control the order of presentation of evidence and otherwise rule on the evidence.

Section 13817 provides rights of parties at the hear- ing, as specified, including the right to be represented by counsel, cross−examination of witnesses, to rebut evidence, providing oral testimony under oath, declara- tions, recording of the proceeding, and amendments to any charging documents.

Section 13818 provides the procedures for preparing and issuing a decision based on the record made at the hearing, the contents of a decision, and review by the Labor Commissioner who may adopt or modify the pro- posed decision, or remand to the hearing officer for fur- ther proceedings. The

section also provides the proce- dure for seeking judicial review of a decision by filing a timely petition for writ of mandate to the superior court pursuant to Code of Civil Procedure

section 1094.5.

Article 5. Recordkeeping

Section 13819 provides clarification regarding the employees for whom an employer must keep records as required under Labor Code

section 1421. OBJECTIVE AND ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The objective of the proposed regulations is to estab- lish procedures, standards, and criteria necessary for the Labor Commissioner to administer and enforce the jan- itorial employer registration program, effective July 1, 2018, in accordance with the statutory requirements provided in

Part 4.2 of Division 2 (commencing with

Section 1420) of the Labor Code enacted pursuant to AB 1978 (2016). This new subchapter contains provi- sions implementing the registration requirements for employers to apply for, and receive, a registration from the Labor Commissioner prior to providing janitorial services in this state. Establishing standardized infor- mation in the application stage and other standards and processes regarding registration will inform the public of the agency’s standard procedures regarding the regis- tration program and provide for consistent administra- tion of the program by the agency.

Workers would be able to view the online list of employers who are legally registered with DLSE and employers would benefit from the standardized process to become legally per- mitted to conduct business in this industry in California.

Uniform procedures for submitting the required appli- cation will enable efficient and effective issuance of registration certificates and maintenance of an online registry of janitorial employers, and providing proce- dures for adverse actions upon applications and regis- trations will further accomplish the objective of the leg- islation (AB 1978) to enhance the welfare and protec- tion of janitorial workers in this state. The registration also ensures businesses are compliant with the eligibili-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 524 ty requirements, which would have broader impacts, in- cluding addressing sexual harassment in the workplace, reducing sexual discrimination in the California labor market overall and promoting social equity generally. Thus, these standardized procedures increase trans- parency in business and government, and promote fair- ness and social equity for the workers and employers covered by this law.

DETERMINATION OF INCONSISTENCY AND/OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Labor Commissioner has determined that these proposed regulations are not inconsistent or incompati- ble with existing state statutes or other regulations. Af- ter conducting a review for any regulations that would relate to or affect this area, the Labor Commissioner has concluded that these are the only regulations which reg- ulate the registration of janitorial employers who are subject to

Part 4.2 of Division 2 of the Labor Code. DUPLICATION OF LABOR CODE PROVISIONS The proposed regulations repeat limited parts of vari- ous provisions of Labor Code sections 1420, 1425, 1427, 1428, 1429, 1430, and 1431. Duplication is nec- essary for the purpose of clarity such that the regula- tions represent comprehensive and consistent descrip- tion of procedural requirements, standards, and criteria for administering the registration program.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Labor Commissioner has made the following ini- tial 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 that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: No fiscal impact exists because these proposed regulations create rules to carry out provisions in statute. Cost or savings in federal funding to the state: None.

Direct cost impacts on housing: None. Cost impacts on a representative private person or business: The proposed regulations will impact businesses who provide janitorial services under contract with another entity and who must first register with the Labor Commissioner under the statutorily−mandated registration program. The janitorial employer may register using either an online application submitted at the agency’s website or written application submitted by delivery to a specified address.

Fee in the amount of $500 (set by statute independent of these regulations) applies both for an initial registration application valid for one year and for a subsequent annual registration renewal. Effect on Small Business: The proposed regulations will affect any small business in California which performs contract−based janitorial services employing at least one employee and one or more covered workers that is subject to regulation and who is required to register with the Labor Commissioner.

Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: None.

Summary Results of the Economic Impact Analysis/ Assessment: The Labor Commissioner concludes that it is (1) un- likely that the proposal will create any jobs with the State of California, (2) unlikely that the proposal will eliminate any jobs within the State of California, (3) un- likely that the proposal will create any new businesses within the State of California, (4) unlikely that the pro- posal will eliminate any existing businesses within the State of California, except for an estimated small num- ber of current janitorial employers who may cease oper- ating rather than register with the Labor Commissioner, (5) unlikely that the proposal would cause the expan- sion of businesses currently doing business within the State of California, and (6) the proposal will enhance the safety and welfare of janitorial workers employed in California, including proper payment of wages.

Ac- cordingly, the Labor Commissioner has determined that the proposed regulatory action will not have a signifi- cant impact on business. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Labor Commissioner must deter- mine that no reasonable alternative considered or that has otherwise been identified and brought to the Labor Commissioner’s attention would be more effective in carrying out the purpose for which the actions are pro- posed, or would be as effective and less burdensome to affected private persons than the proposed actions, 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 Labor Commissioner has initially determined that no alternatives would be more effective in carrying

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 525 out the purpose that underlies the proposed regulatory action, or would be at least as effective or less burden- some on the regulated public (persons who perform specified services, as defined, and businesses who use such janitorial contractors), and that would ensure full compliance with the existing statutes regarding regis- trations being implemented or made specific by the pro- posed regulations.

The Labor Commissioner invites interested persons to present reasonable alternatives to the proposed regu- lations at the scheduled hearing or during the written comment period. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A text of draft proposed regulations will be made available for public comment within the timeframe listed above on the Department of Industrial Rela- tions’ website ( https://www.dir.ca.gov/Rulemaking/ DIRProposed.html), and a public meeting for public comment will be held as noted.

A V AILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE/INTERNET ACCESS An Initial Statement of Reasons and the text of the proposed regulations in plain English have been pre- pared and are available from the contact person named in this notice. The entire rulemaking file will be made available for inspection and copying at the address indi- cated below. As of the date of this Notice, the rulemaking file con- sists of the Notice, the Initial Statement of Reasons, and proposed text of the regulations.

Also included are doc- uments relied upon in drafting the proposed regulations. In addition, the Notice, Initial Statement of Reasons, and proposed text of regulations may be accessed and downloaded from the Department of Industrial Rela- tions’ website at www.dir.ca.gov. To access them, click on the “Laws & Regulations” button and follow the link for “Rulemaking — Proposed Regulations.” There you will find all of the agencies’ current rulemaking pro- ceedings. Scroll down the list to find the Janitorial Reg- istration rulemaking link.

Any interested person may inspect a copy or direct questions about the proposed regulations and any sup- plemental information contained in the rulemaking file. The rulemaking file will be available for inspection at the Division of Labor Standards Enforcement, 2031 Howe Avenue, Suite 100, Sacramento, California, be- tween 9:00 a.m. and 4:30 p.m., Monday through Friday, unless the state office is closed for a state holiday. Copies of the proposed regulations, initial statement of reasons and any information contained in the rulemak- ing file may be requested in writing to the contact person.

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

The contact person is: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 E−mail: jstevens@dir.ca.gov The telephone number of the contact person is (916) 263−1563.

CONTACT PERSON FOR SUBSTANTIVE QUESTIONS In the event the contact person is unavailable, or to obtain responses to questions regarding the substance of the proposed regulations, inquiries should be direct- ed to the following backup contact person: Laura Moskowitz, Staff Attorney Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 E−mail: lmoskowitz@dir.ca.gov The telephone number of the backup contact person is (415) 703−5252.

A V AILABILITY OF CHANGES FOLLOWING PUBLIC HEARING If the Labor Commissioner makes changes to the pro- posed regulations as a result of the public hearing and public comment received, the modified text with changes clearly indicated will be made available for public comment for at least 15 days prior to the date on which the regulations are adopted.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 526 A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be accessed on the Department of Industrial Relations’ website at www.dir.ca.gov/Rulemaking/DIRProposed.html. AUTOMATIC MAILING A copy of this Notice, the Initial Statement of Rea- sons, and the text of the regulations, will automatically be sent to those interested persons on the DLSE’s mail- ing list. If adopted, the regulations as amended will appear in Title 8, California Code of Regulations, commencing with

section 13810. The text of the final regulations will also be available through the website of the Office of Administrative Law at www.oal.ca.gov. TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT DEPARTMENT OF INDUSTRIAL RELATIONS Subject Matter of Regulations: Sexual Violence and Harassment Prevention Training for Property Service Workers TITLE 8, CALIFORNIA CODE OF REGULATIONS New Sections 13820−13822 NOTICE IS HEREBY GIVEN that the Labor Com- missioner proposes to adopt regulations governing sex- ual harassment training for property service workers. These regulations, new sections 13820 through 13822, are located in new

Article 6 of new Subchapter 13 of ex- isting

Chapter 6, Division 1, Title 8 of the California Code of Regulations (“CCR”). PROPOSED REGULATORY ACTION The Labor Commissioner proposes to adopt regula- tions under new Subchapter 13 of

Chapter 6 of Division 1 consisting of the following:

Article 6. Sexual Violence and Harassment Prevention Training for Property Service Workers

Section 13820

Definitions

Section 13821 Standards Regarding Timing, Documentation, Languages for Training

Section 13822 Objectives and Content The proposed regulations in this rulemaking proposal only pertain to the sexual harassment training require- ment enacted under AB 1978 (2016). The Labor Com- missioner is also proposing regulations pertaining to registration of janitorial employers in a separate rule- making proposal. The proposed rulemaking addressing registration will be concurrently filed with a separate OAL file number and rulemaking contents.

TIME AND PLACE OF PUBLIC HEARING A public hearing has been scheduled to permit all in- terested persons the opportunity to present statements or arguments, either orally or in writing, with respect to the subjects noted above. The hearing will be held at the following time and place: Date: May 20, 2019 Time: 10:00 a.m. to 5:00 p.m., or conclusion of business Place: Junipero Serra State Office Building Carmel Room, 1st Floor 107 South Broadway Los Angeles, CA 90012 The State Office Building and designated room are accessible to persons with mobility impairments.

Alter- nate formats, assistive listening systems, sign language interpreters, or other type of reasonable accommoda- tion to facilitate effective communication for persons with disabilities, are available upon request. Please con- tact the Division of Labor Standards Enforcement at 510−285−2118 to request an accommodation, or through the California Relay Service by dialing 711 or 1−800−735−2929 (TTY/English) or 1−800−855−3000 (TTY/Spanish) as soon as possible to request assistance.

Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or 5:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon ses- sion will be held. The Labor Commissioner requests, but does not re- quire, that any persons who make oral comments at the hearing also provide a written copy of their comments. Equal weight will be accorded to oral comments and written materials.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 527 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Department of Indus- trial Relations, Division of Labor Standards Enforce- ment. The written comment period closes at mid- night on May 20, 2019. The Labor Commissioner will consider only comments received at the Division by that time. Equal weight will be accorded to comments presented at the hearing and to other written comments received by midnight on that date by the Division.

Submit written comments concerning the proposed regulations prior to the close of the public comment pe- riod to: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 Written comments may also be sent electronically (via email) using the following email address: DLSERegulations@dir.ca.gov Written comments may also be submitted via facsim- ile transmission (FAX), addressed to the above−named contact person at (916) 263−2920.

Due to the inherent risks of non−delivery by facsimile transmission, the Di- vision suggests, but does not require, that a copy of any comments transmitted by facsimile transmission also be submitted by regular mail. Comments sent to other email addresses or fac- simile numbers will not be accepted. Comments sent by email or facsimile are subject to the deadline set forth above for written comments. AUTHORITY AND REFERENCE Labor Code

section 1422 authorizes the Labor Com- missioner, Chief of the Division of Labor Standards En- forcement (“DLSE”), to adopt regulations to imple- ment

Part 4.2 (sections 1420 through 1434), Property Service Workers Protection, of Labor Code Division 2. Applicable to janitorial services contractors, 1 Labor Code

section 1429.5 mandates the adoption of a bienni- al in−person sexual violence and harassment preven- tion training requirement. The proposed regulations im- plement, interpret, and make specific Labor Code sec- tions 1429(a)(10) and 1429.5.

INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW In 2015, the PBS documentary series Frontline — in collaboration with Univision, the Investigative Report- ing Program at the University of California (“UC”), Berkeley, the Center for Investigative Reporting, and PBS station KQED — produced Rape on the Night Shift, an exposé of the prevalence, gravity, and impunity of sexual harassment of janitorial workers across the United States, many of whom are immigrant women.

According to a subsequent report by the Labor Occupa- tional Health Program at UC Berkeley, the janitorial services industry “is structured in a way that isolates workers who are uniquely vulnerable to sexual harass- ment, and then creates conditions in which workers are afraid to step forward to report harassment.” 2 In September 2016, Assembly Bill (“AB”) 19783 was enacted to add

Part 4.2 to the Labor Code requiring jani- torial services contractors to register annually with the Labor Commissioner in accordance with prescribed procedures. The registration requirement went into ef- fect on July 1, 2018. Registration requirements include paying application and annual renewal fees, providing specified information, and maintaining records as prescribed.

Effective January 1, 2020, pursuant to Labor Code sections 1429(a)(10) and 1429.5, registration and re- newal of registration requires sexual violence and ha- rassment prevention training biennially for both janito- rial workers and their supervisors. This regulatory pro- posal sets forth the sexual violence and harassment training requirements.

Section 1429.5 mandates consideration of the Fair Employment and Housing Act (“FEHA”) requirements of Government Code

section 12950.1 in developing this proposal. Since enactment of AB 1978, Senate Bill (“SB”) numbers 396 (2017) and 1343 (2018) were en- acted, changing and expanding FEHA’s sexual harass- ment training requirements under Government Code

section 12950.1. SB 396 added the requirement to pro- vide harassment training based on gender identity, gen- der expression, and sexual orientation. Fair Employ- ment and Housing Council implementing regulations, 2 CCR § 11024, will add, among other things, peer−to− peer trainers as individuals qualified to conduct train- 1

Section 1420(e)(1) defines a covered employer as “any person or entity that employs at least one employee and one or more cov- ered workers and that enters into contracts, subcontracts, or fran- chise arrangements to provide janitorial services.” 2 Helen Chen, Alejandra Domenzain, and Karen Andrews (May 2016), The Perfect Storm: How Supervisors Get Away with Sexu- ally Harassing Workers Who Work Alone at Night, Report of the Labor and Occupational Health Program, University of Califor- nia, Berkeley, available at http://lohp.org/the−perfect−storm/. 3 AB 1978 was introduced by San Diego Assemblymember Lore- na Gonzalez.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 528 ing. SB 1343 added a requirement to provide training to non−supervisors, expanded the FEHA training require- ment to employers with five or more employees, and di- rected the Department of Fair Employment and Hous- ing (“DFEH”) to provide training courses on its web- site. This regulatory proposal contemplates the existing requirements of Government Code

section 12950.1 and the implementing regulations, and ensures alignment with FEHA’s sexual harassment training content and qualified trainer requirements. Many large unionized janitorial service contractors are already implementing similar provisions in work- ers’ contracts. This regulatory proposal is intended to set sexual harassment prevention standards for all cov- ered janitorial employers regardless of size or unioniza- tion and ensure that those standards are met through a registration process that improves worker safety, partic- ipation, transparency, accountability, and enforcement. Anticipated Benefits of the Proposed Regulation: Implementing

Part 4.2 of Labor Code Division 2 by adopting California Code of Regulations Title 8 sec- tions 13820 through 13822 would provide benefits for both janitorial services workers and their employers. Reducing or eliminating workplace sexual harassment would enable janitorial workers to work without facing intimidation or coercion. Those who might have been driven by harassment to quit their jobs would benefit psychologically and monetarily from retaining a stable income and work schedule.

Employers would benefit from better job performance by workers, reduction of business disruption, lower staff turnover, and lower lia- bility. Reducing or eliminating workplace sexual ha- rassment would also have broader impacts, reducing sex discrimination in the California labor market over- all and promoting social equity generally.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The Labor Commissioner evaluated the existing all− industry sexual harassment training regulations pro- mulgated by the Fair Employment and Housing Coun- cil to implement the training requirement in Govern- ment Code

section 12950.1. In coordination with the advisory committee, the Labor Commissioner struc- tured these regulations concerning sexual violence and harassment prevention training for property service workers to be consistent with those existing regulations. STAKEHOLDER INPUT Labor Code

section 1429.5 mandates a process for adopting regulations to implement the new sexual vio- lence and harassment training requirement. According- ly, the Director of the Department of Industrial Rela- tions (“DIR”) convened an advisory committee to pro- vide input and recommendations on the proposal.

The advisory committee included representatives of: • DIR; • DLSE; • Division of Occupational Safety and Health; • DFEH; • The Service Employees International Union, United Service Workers West, which represents over 40,000 property service workers in California; • Four janitorial services employers; and • Advocacy groups for victims of sexual assault and domestic violence, women’s civil rights, property service workers, and occupational health. The Advisory Committee met on January 24, June 13, and October 11, 2017, and on February 4 and 11, 2019, providing input at these meetings and in corre- spondence.

Proposed new sections 13820 through 13822 of Title 8 of the California Code of Regulations are the result of extensive stakeholder involvement. The proposed reg- ulations specify trainer qualifications and prescribe the frequency, duration, language, literacy level, modes, techniques, content, and documentation of sexual ha- rassment prevention training for the janitorial services industry. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Labor Commissioner 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 that must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impact on a representative private person or business: The cost of the 2 hour training is $5.4 million initially and biennially (ongoing costs), or $2.7 million annual- ly. Initial costs for a typical small business are estimated to be $646. Initial costs for a typical business are esti- mated to be $7,850.

Ongoing costs (every 2 years based on the requisite frequency of the training) are estimated to be $646 and $7,850 for small and typical businesses, respectively.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 529 Significant statewide adverse economic impact directly affecting businesses and individuals, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None. Effect on Small Business: California Government Code

section 11346.3 de- fines small businesses as businesses that are indepen- dently owned and operated, not dominant in their field of operation, and have fewer than 100 employees. The California Employment Development Department re- ports that 95.8% of the businesses in California’s Ad- ministrative and Support Services industry (NAICS 561) have fewer than 100 employees in the third quarter 2016. 4 It is estimated that a similar percentage of small businesses in the janitorial services industry will be im- pacted.

Ongoing costs (every 2 years based on the req- uisite frequency of the training) are estimated to be $646 for small businesses. RESULTS OF THE ECONOMIC IMPACT ASSESSMENTS The Labor Commissioner does not anticipate the cre- ation or elimination of jobs within the state attributed to this proposal. The costs and benefits will be borne by existing businesses and will not create or eliminate businesses. There is no anticipated expansion of busi- nesses currently doing business within the state attrib- uted to this proposal.

The proposal will not have a sig- nificant adverse economic impact on business based on analysis of the associated costs of compliance. Labor Code

section 1429.5 will immediately impact 5,684 janitorial services organizations who will be mandated to provide the sexual violence and harass- ment prevention training to 110,189 employees. The in- dustry employer estimate is obtained from the Employ- ment Development Department for the particular NAICS or industry code associated with the janitorial services industry (NAICS 56172) that are privately owned. 5 California Government Code

section 11346.3 de- fines small businesses as businesses that are indepen- dently owned and operated, not dominant in their field of operation, and have fewer than 100 employees. The California Employment Development Department re- ports that 95.8% of the businesses in California’s Ad- ministrative and Support Services industry (NAICS 561) have fewer than 100 employees in the third quarter 2016. It is estimated that a similar percentage of small businesses in the janitorial services industry will be impacted. The average weekly wage for this industry is $508.

It is estimated that workers in this industry work an aver- age 40 hours per week, so the average hourly rate is ap- proximately $12.70 per hour. 6 The cost of hiring a qualified in−person trainer is esti- mated at $456 based on the average hourly mean wage between a training and development specialist and an attorney, 7 noting industry standards for preparation and training time.8 Therefore, the cost of the 2−hour training is $5.4 mil- lion initially and biennially (ongoing costs), or $2.7 million annually. Initial costs for a typical small busi- ness are estimated to be $646.

Initial costs for a typical business are estimated to be $7,850. Ongoing costs (ev- ery 2 years based on the requisite frequency of the train- ing) are estimated to be $646 and $7,850 for small and typical businesses, respectively. It is estimated that the prevention of workplace sexu- al harassment and violence incidents through mandated training will accrue benefits for workers, employers, and society including: reduction in injuries and health care costs for the victim, increased productivity, and re- duced employee absenteeism.

A quantifiable benefit of the proposed regulation is determined by multiplying the number of lost time in- juries (Days Away from Work, DAFW) that will be pre- vented by the proposed regulation by the societal cost of those injuries. The number of injuries currently occurring to em- ployees covered by the proposed regulation is calculat- ed by multiplying the number of annual workplace vio- lence injuries in the janitorial industry in California by the share of workplace violence cases attributed to rape/ sexual assault injuries.

Per the Bureau of Labor Statis- 4 California Economic Development Department Labor Market Info. Size of Business Data — 2006−present. Accessed 11/30/2017: http://www.labormarketinfo.edd.ca.gov/LMID/ Size_of_Business_Data.html 5 California Economic Development Department Labor Market Info. Quarterly Census of Employment and Wages (QCEW) In- dustry Detail (2016). Accessed 11/30/2017: http://www.labormarketinfo.edd.ca.gov/qcew/CEW−Detail_ NAICS.asp?MajorIndustryCode=1024&GeoCode=06000000& Year=2016&OwnCode=50&Qtr=02 6 California Economic Development Department Labor Market Info.

Quarterly Census of Employment and Wages (QCEW) In- dustry Detail (2016). Accessed 11/30/2017: http://www.labormarketinfo.edd.ca.gov/qcew/CEW−Detail_ NAICS.asp?MajorIndustryCode=1024&GeoCode=06000000& Year=2016&OwnCode=50&Qtr=02 7 California Economic Development Department Labor Market Info. OES Employment and Wages. Accessed 11/30/2017: http://www.labormarketinfo.edd.ca.gov/data/oes−employment− and−wages.html 8 American Faculty Association. Hours for Teaching and Prepa- ration Rule of Thumb: 2−4 Hours of Prep for 1 Hour of Class.

Ac- cessed 11/30/2017: http://americanfacultyassociation.blogspot. com/2012/02/hours−for−teaching−and−preparation−rule.html

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 530 tics, in 2015 in California, there were 60 DAFW workplace violence injuries in the janitorial services sector.9 U.S. Department of Justice reported that rape/ sexual assault cases constitute about 2.3% of non−fatal workplace violence cases.10 Therefore, approximately 1.4 rape/sexual assault DAFW case per year occurs within this industry. DeLisi et al. (2010) estimated that each rape case exacts $448,532 (in 2008 USD) or $510,305 in current dollars 11 in societal costs. 12 The annual estimated societal cost is $704,221.

To estimate employers’ economic benefits of the pro- posal, interpreted as the prevention of incidents of sexu- al harassment within the janitorial industry, DIR used data reported to the California workers’ compensation information system (“WCIS”). 13 For workers’ compensation claims in the janitorial sector with dates of injury from 2012−2016, there was an average of 2.4 post traumatic stress disorder (“PTSD”) related workers’ compensation cases with an injury description indicating sexual violence/ harassment reported per year.

For the same period, the average paid cost for medical services of a PTSD workers’ compensation claim in the janitorial sector was $14,886. With indemnity, an esti- mated additional $7,334 is the average paid per stress claim with permanent disability,14 for a total annual es- timated employer cost of $53,328.

The number of sexual violence and harassment inci- dents that do not result in an injury with days away from work are believed to exceed the number of reported sex- ual violence and harassment incidents with lost workdays by orders of magnitude and number in the tens of thousands of incidents per year for the employ- ers covered by the proposal. 15 Although this amount cannot be estimated, the prevention of these incidents should be documented as another benefit of the proposal.

Each year, based on available data, this proposal is conservatively estimated to provide $704,221 in soci- etal benefits and $53,328 in employer benefits through the prevention of sexual harassment incidents in the workplace, for a total of $757,549. CONSIDERATION OF ALTERNATIVES Pursuant to Government Code

Section 11346.5(a)(13), the Labor Commissioner must deter- mine that no reasonable alternative it considered or that has otherwise been identified and brought to the Labor Commissioner’s attention would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law than the proposal de- scribed in this Notice.

The proposal is the result of significant and collabo- rative stakeholder involvement from labor and industry groups. The proposal aligns with related FEHA provi- sions, incorporates many suggestions from stakehold- ers, and meets the mandate in Labor Code

section 1429.5. Alternative options were discussed in lieu of the proposed two−hour training length, which is the same as DFEH’s sexual harassment training for super- visory employees per 2 CCR § 11024(a)(11). A four− hour training was considered, however, there were no quantifiable benefits to the four−hour training versus 9 Data derived from Bureau of Labor Statistics. Occupational In- juries/Illnesses and Fatal Injuries Profiles. Accessed 11/30/2017: https://data.bls.gov/gqt/InitialPage 10 Harrell, E.

Workplace Violence, 1993−2009 National Crime Victimization survey and the Census of Fatal Occupational in- juries. U.S. Department of Justice Office of Justice Programs Bu- reau of Justice Statistics Special Report NCJ 233231, March 2011. Accessed 11/30/2017: https://www.bjs.gov/content/pub/ pdf/wv09.pdf 11 Coinnews Media Group LLC. US Inflation Calculator. Ac- cessed 11/30/2017: http://www.usinflationcalculator.com/ 12 DeLisi, M., Kosloskia, A., Sweena, M., Hachmeistera, E., Moorea, M., & Drury, A. (2010). Murder by numbers: Monetary costs imposed by a sample of homicide offenders.

The Journal of Forensic Psychiatry & Psychology, 21, 501−513. doi:10.1080/ 14789940903564388. Accessed 11/30/2017: http://www. tandfonline.com/doi/abs/10.1080/14789940903564388 13 WCIS uses electronic data interchange (EDI) to collect com- prehensive information from claims administrators to help the Department of Industrial Relations oversee the state’s workers’ compensation system. Electronic transmission of first reports of injury was required beginning March 1, 2000 and electronic ver- sions of benefit notices were mandated as of July 1, 2000.

Elec- tronic reporting of medical billing data is required for any medical service that occurs on or after Sep. 22, 2006. 14 Per WCIRB, the average paid indemnity cost for a permanent disability psychiatric and stress claim is $7,334. See WCIRB (2017). Report on 2016 California Workers’ Compensation Loss- es and Expenses. Exhibit 6. Accessed 11/30/2017: https://www.wcirb.com/sites/default/files/documents/report_ on_2016_ca_wc_losses_and_expenses_complete.pdf 15 Hinkley, S. et al.

(2016) Race to the Bottom: How Low−Road Subcontracting Affects Working Conditions in California’ s Prop- erty Services Industry. University of California, Berkeley, Center for Labor Research and Education. http://laborcenter. berkeley.edu/pdf/2016/Race−to−the−Bottom.pdf

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 531 the two−hour training, and costs were considerably higher ($2.7 million for two−hour versus $4.1 million for four−hour training). Therefore, the two−hour train- ing length was determined to be the optimal and effec- tive duration.

A V AILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE/INTERNET ACCESS An Initial Statement of Reasons and the text of the proposed regulations in plain English have been pre- pared and are available from the contact person named in this notice. The entire rulemaking file will be made available for inspection and copying at the address indi- cated below. As of the date of this Notice, the rulemaking file con- sists of the Notice, the Initial Statement of Reasons, and proposed text of the regulations.

Also included are doc- uments relied upon in drafting the proposed regulations. In addition, the Notice, Initial Statement of Reasons, and proposed text of regulations may be accessed and downloaded from the Department of Industrial Rela- tions’ website at www.dir.ca.gov. To access them, click on the “Laws & Regulations” button and follow the link for “Rulemaking — Proposed Regulations.” There you will find all of the agencies’ current rulemaking pro- ceedings. Scroll down the list to find the Sexual Vio- lence and Harassment Prevention Training for Property Service W orkers rulemaking link.

Any interested person may inspect a copy or direct questions about the proposed regulations and any sup- plemental information contained in the rulemaking file. The rulemaking file will be available for inspection at the Division of Labor Standards Enforcement, 2031 Howe Avenue, Suite 100, Sacramento, California, be- tween 9:00 a.m. and 4:30 p.m., Monday through Friday, unless the state office is closed for a state holiday. Copies of the proposed regulations, initial statement of reasons and any information contained in the rulemak- ing file may be requested in writing to the contact person.

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

The contact person is: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 E−mail: jstevens@dir.ca.gov The telephone number of the contact person is (916) 263−1563.

CONTACT PERSON FOR SUBSTANTIVE QUESTIONS If the contact person is unavailable, or to obtain re- sponses to questions regarding the substance of the pro- posed regulations, inquiries should be directed to the following backup contact person: Laura Moskowitz, Staff Attorney Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 E−mail: lmoskowitz@dir.ca.gov The telephone number of the backup contact person is (415) 703−5252.

A V AILABILITY OF CHANGES FOLLOWING PUBLIC HEARING If the Labor Commissioner makes changes to the pro- posed regulations as a result of the public hearing and public comment received, the modified text with changes clearly indicated will be made available for public comment for at least 15 days prior to the date on which the regulations are adopted.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be accessed on the Department of Industrial Relations’ website at www.dir.ca.gov/Rulemaking/DIRProposed.html. AUTOMATIC MAILING A copy of this Notice, the Initial Statement of Rea- sons, and the text of the regulations, will automatically

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 532 be sent to those interested persons on the DLSE’s mail- ing list. If adopted, the regulations as amended will appear in Title 8, California Code of Regulations, commencing with

section 13820. The text of the final regulations will also be available through the website of the Office of Administrative Law at www.oal.ca.gov. TITLE 14. DEPARTMENT OF FISH AND WILDLIFE NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife (Department) proposes to adopt regulations to amend sections 106 and 107, and add

Section 106.5 to Title 14, California Code of Regula- tions (CCR) implementing the program described in

Section 8583 of the Fish and Game Code (FGC). Sec- tion 8583 directs the Department to establish a volun- tary Drift Gill Net Transition Program (Transition Pro- gram), which incentivizes drift gill net permittees to transition out of the drift gill net shark and swordfish fishery, reduces bycatch, and provides for a sustainable swordfish fishery. The Transition Program allows permittees to volun- tarily surrender their drift gill net shark and swordfish permit and large mesh drift gill net(

s) to the Department ahead of the prescribed sunset date in exchange for a one−time payment prescribed by FGC

Section 8583. The Transition Program specifies the method of partici- pation and other requirements mandated by

Section 8583. After consideration of all public comments, objec- tions, and recommendations regarding the proposed ac- tion, the Department may adopt the proposed regulations. PUBLIC HEARING No public hearing is scheduled for this action. The Department will hold a public hearing if one is request- ed in writing no later than 15 days prior to the close of the written comment period. If a hearing is requested, the Department will, to the extent practicable, provide notice of the time, date, and place of the hearing by mailing the notice to every person who has filed a re- quest for notice.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the Department. All written comments must be received by the Department via mail, or e−mail, no later than 5:00 p.m. on May 20, 2019, to the contact as follows: California Department of Fish and Wildlife, Regulations Unit Attn: Ona Alminas, Sr. Environmental Scientist 1416 9th Street, Room 1342−A Sacramento, CA 95814 Email: Regulations@wildlife.ca.gov AUTHORITY AND REFERENCE

Section 106: Authority: Sections 1050, 7857, 8394, 8561, 8577, and 8583, Fish and Game Code. Reference: Sections 8394.5 and 8561−8569, Fish and Game Code.

Section 106.5: Authority:

Section 8583, Fish and Game Code. Ref- erence: Sections 8573 and 8579, Fish and Game Code.

Section 107: Authority: Sections 1050, 7857, 7892 and 8394, Fish and Game Code. Reference: Sections 1050, 7857, 7892, 8394.5, 8577, and 9028, Fish and Game Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law prohibits the taking of shark and sword- fish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person, pursuant to Fish and Game Code (FGC)

Section 8561. Senate Bill 1017 (Allen), signed into law on Septem- ber 27, 2018, amended several sections in the FGC, and added FGC sections 8583 and 8583.5. Subdivision (

a) of FGC

Section 8583 requires the Department to estab- lish a voluntary Drift Gill Net Transition Program (Transition Program) to transition commercial DGN permittees from using drift gill nets for the shark and swordfish fishery. The Department must establish the program by March 31, 2020 in accordance with several requirements provided in FGC

Section 8583. Proposed Regulations The proposed regulations will remove references to a logbook that no longer required, meet the requirements mandated by SB 1017, address issues with bycatch in the drift gill net fishery, and encourage the transition to more selective and sustainable gears used to catch swordfish. In addition, voluntary transition program participants will be compensated to the extent that funds are available. Amendments to

Section 106, Title 14, California Code of Regulations (CCR) are summarized as follows:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 533 • Subsection (

d) is removed to eliminate the requirement for drift gill net permittees to submit state logbooks. In 2018, the Fish and Game Commission (Commission) repealed the requirement for a state logbook in the drift gill net shark and swordfish fishery.

Section 106 was inadvertently left out of the sections that were amended for the repeal. • The provision in subsection 106(a)(2) is amended to remove language pertaining to drift gill net shark and swordfish expired permittees complying with subsection (

d) dealing with records during the preceding year. • Subsection (

h) of

Section 106 is added to implement the provision of subdivision (

c) of FGC

Section 8561 that all permits issued pursuant to this

section shall be surrendered or revoked and this

section shall be repealed as of January 31 of the fourth year following the Department’s notification to the Legislature, pursuant to paragraph (2) of subdivision (

b) of

Section 8583 of the Fish and Game Code. • Subsequent subsections of

Section 106 have been edited and renumbered for consistency, and references to FGC sections have been updated for capitalization and accuracy of legislative history.

Section 106.5, Title 14, CCR, is added to describe the Transition Program and process, in

summary: • Subsection (

a) incorporates by reference the proposed new form DFW 1083 (NEW 08/31/19), “Declaration of Intent to Participate in Drift Gill Net Transition Program,” and directs permittees to submit the form to indicate their intention to participate in the Transition Program. • Subsection (

b) states the Department shall notify in writing the permittee submitting a notarized form of his or her eligibility for the Transition Program, when funding is available, and mentions that forms will be processed in the order received. • Subsection (

c) includes the requirements permittees must agree to on form DFW 1083 when indicating their intent to participate in the Transition Program. The date of March 31, 2021 is proposed as a deadline for surrender of state permits and nets, so permittees may fish up until of the entirety of the 2020−2021 permit term using their DGN permit and large mesh nets. • Subsection (

d) refers to the payment amounts that are prescribed by subdivision (2) of FGC

Section 8583 for specified levels of voluntary participation in the Transition Program. • Subsection (

e) adds language defining the criteria for net destruction entities to be approved by the Department to destroy large mesh nets for the Transition Program. These criteria were selected to ensure approved entities had both the experience and capacity necessary to accept, process, and destroy large mesh drift gill nets and provide documentation of destruction to the Department and Transition Program participants.

Section 107 is amended to remove language refer- ring to log book requirements under paragraph (2), sub-

section (a). This change is necessary to ensure consis- tency with the 2018 Commission decision to repeal the logbook reporting requirement for this fishery. Addi- tionally, language is added to subsection (f)(1) for con- sistency with SB 1017 changes to FGC

Section 9028 for deep set buoy gear authorized under federal law. The Department does not anticipate any benefits to the health and welfare of California residents or worker safety, but the Department does anticipate a benefit to the State’s environment. The cumulative effects of the changes statewide are expected to benefit the state’s en- vironment by further reducing bycatch of whales, dol- phins, sharks, pinnipeds, and sea turtles, including the California state marine reptile, the Pacific leatherback sea turtle.

EV ALUATION OF INCOMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing State regulations. The Leg- islature has required that the Department establish a drift gill net shark and swordfish permit transition pro- gram to transition the holders of drift gill net permits is- sued pursuant to FGC

Section 8561, out of the drift gill net fishery (FGC

Section 8583). The Department has reviewed existing regulations in Title 14 of the CCR, and finds that the proposed regulations are neither in- consistent nor incompatible with existing State regulations. DOCUMENTS RELIED UPON None. DOCUMENTS INCORPORATED BY REFERENCE 1. Form DFW 1083, “Declaration of Intent to Participate in Drift Gill Net Transition Program”, NEW 08/31/19 2. State form STD 204, Payee Data Record (not a Departmental form), REV 05/2018

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 534 DISCLOSURES REGARDING THE PROPOSED ACTION (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Drift gill net gear is not allowed to land swordfish in other west coast states. This action implements a voluntary transition program that provides compensating funding to participants. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Department anticipates no net impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses, or the expansion of businesses in California because the proposed regulations will not change the level of commercial fishing activity in the state.

Other types of fishing gear may be used in place of drift gill nets to continue harvest of swordfish. (

c) Cost Impacts on a Representative Private Person or Business: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. V oluntary participants will be compensated for their participation. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Department anticipates that program development and implementation will involve an additional 2.0 personnel at a cost of $523,000 that will be absorbed within the existing budget and resources. Additionally, the Department will experience revenue losses in swordfish landings fees, drift gill net permit renewal and landings fee revenue over the next three years or transfer fees in fiscal year 2019−20. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The proposed regulations may affect small business- es specifically involved in the shark and swordfish drift gill net fishery. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department concludes that it is (1) unlikely the program will create additional job opportunities; (2) unlikely to result in the elimination of commercial fish- ing jobs or existing businesses; and (3) likely to benefit the commercial Swordfish fishery through providing long−term sustainability and reductions in protected re- source bycatch.

BENEFITS TO THE STATE’S ENVIRONMENT The regulations proposed describe the implementa- tion of the Transition Program and specify a sunset date on state drift gill net shark and swordfish permit. With the passage of SB 1017, the Legislature intended to di- rect participants in the swordfish fishery toward the use of lower impact fishing gears for the Transition Pro- gram, and specify a modernized fishery, while allowing current participants in the state drift gill net fishery to continue those practices under a State permit for a limit- ed duration of time. This will lead to a more sustainable fishery over time.

The cumulative effects of the changes statewide are expected to benefit the state’s environ- ment by further reducing bycatch of whales, dolphins, sharks, pinnipeds, and sea turtles, including the Califor- nia state marine reptile, the Pacific leatherback sea turtle.

CONSIDERATION OF ALTERNATIVES In view of information currently possessed, no rea- sonable alternative considered would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the proposed regulation, 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 535 MITIGATION MEASURES REQUIRED BY REGULATORY ACTION The proposed regulatory action will have no negative impact on the environment; therefore, no mitigation measures are needed.

CONTACT PERSONS Inquiries concerning the substance of the proposed action should be directed to: California Department of Fish and Wildlife, Marine Region Attn: Travis Buck, Environmental Scientist 8901 La Jolla Shores Drive La Jolla, CA 92037 Phone: (858) 546−5667 Email: Travis.Buck@wildlife.ca.gov The backup contact person is: California Department of Fish and Wildlife, Marine Region Attn: John Ugoretz, Environmental Program Manager 1933 Cliff Drive, Suite 9 Santa Barbara, CA 93109 Phone: (805) 568−1226 Email: John.Ugoretz@wildlife.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial state- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Travis Buck (see above for contact information).

A V AILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying at its office at the Santa Barbara address above. As of the date this notice is published, the rulemaking file consists of: 1. Notice of Proposed Action 2. Initial Statement of Reasons 3. Proposed Regulatory Text, including proposed form DFW 1083, “Declaration of Intent to Participate in Drift Gill Net Transition Program” 4. Form STD 204, Payee Data Record (not a Departmental form, but incorporated by reference). 5.

Economic and Fiscal Impact Assessment (Form STD 399) and addendum A V AILABILITY OF DOCUMENTS ON THE INTERNET The rulemaking file is available online at: https://www.wildlife.ca.gov/Notices/Regulations. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received by the Department, the Department may adopt the proposed regulations substantially as described in this notice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Travis Buck (see above for further contact information). The Department would accept written comments on the modified regula- tions 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 checking the website at the link provided above, or contacting Travis Buck (see above for further contact information). TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION California Code of Regulations Title 15, Crime Prevention and Corrections Department of Corrections and Rehabilitation NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemaking authority granted by PC

section 5058, proposes to amend sections 3355.1, 3999.99, 3999.206, 3999.234, 3999.237, and 3999.375, of the California Code of Regulations (CCR), Title 15, Division 3, concerning copayments for health care services and the purchase of prescribed appliances.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 536 PUBLIC HEARING Date and Time: May 29, 2019 10:00 a.m. to 11:00 a.m. Place: Elk Grove Police Service Center Elk Grove City Council Chambers 8400 Laguna Palms Way Elk Grove, CA 95758 Purpose: To receive comments about this action. The Elk Grove City Council Chambers is wheelchair accessible. At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Di- gest.

The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. PUBLIC COMMENT PERIOD The public comment period will close May 29, 2019, at 5:00 p.m. Any person may submit public comments in writing (by mail or by e−mail) regarding the pro- posed changes. To be considered, comments must be submitted to California Correctional Health Care Ser- vices (CCHCS), Health Care Regulations and Policy Section, P .O. Box 588500, Elk Grove, CA, 95758, or by e−mail to CCHCSRegs@cdcr.ca.gov before the close of the comment period.

CONTACT PERSON Please direct any inquiries regarding this action to: J. Inderkum Health Care Regulations and Policy

Section California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691−2921 D. Gouldy Associate Director Risk Management Branch California Correctional Health Care Services (916) 691−2922 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of abolished predecessor en- tities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections, in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Cor- rections is abolished. PC

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the state prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5058 authorizes the Director to prescribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows: Sections 3424 and 5054, PC; Americans With Disabilities Act, Public Law 101−336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act, Title 42 U.S.C.

Section 1997 et seq., Pub- lic Law 96−247, 94 Stat. 349;

Section 35.107, Title 28, Code of Federal Regulations; Perez, et al. v. Cate, et al., (No. C05−05241 JSW), U.S. District Court, Northern District of California; Armstrong v. Newsom (No. C−94−2307−CW), U.S. District Court, Northern Dis- trict of California; Coleman v. Newsom (No. S90−0520 LKK JFM

P) U.S. District Court, Eastern District of California; and Plata v. Newsom (No. C01−1351 JST), U.S. District Court, Northern District of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sections 3355.1, 3999.99, 3999.206, 3999.234, 3999.237, and 3999.375, of the CCR, Title 15, Division 3, governing copayments for health care services and the purchase of prescribed appliances.

Current law requires non− indigent patients to pay a copayment for patient− initiated health care visits, which includes medical and dental visits, and purchase prescribed appliances through the Department or an approved vendor. The rationale for originally instituting copayments was to provide a disincentive to patients who seek health care services unnecessarily.

The Department an- ticipated that by reducing the number of unnecessary health care visits, it would allow health care staff to fo- cus on patients with legitimate health care needs; how- ever, copayments may also be creating a deterrent for early reporting of health issues. Patients with legitimate health care needs may not want to spend their money on health care visits and may delay reporting health care is-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 537 sues until absolutely necessary, which can lead to late intervention, potentially resulting in decreased treat- ment efficacy and/or increased treatment cost. Similarly, patients who require prescribed appli- ances, such as dental prosthesis or orthopedic braces and shoes, may delay seeking treatment in an attempt to avoid purchasing such medically necessary appliances. This delay in treatment can result in further deteriora- tion of the patient’s health, leading to more aggressive and costlier treatment in the future.

This action provides the following: • Eliminates copayments for health care services for CDCR patients. • Clarifies that prescribed appliances shall be provided at no cost to patients.

FORMS INCORPORATED BY REFERENCE CDCR 7362, Health Care Services Request Form (Rev. 03/19) BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regulations will encourage patients to seek early treatment for health issues, prevent the exacerbation of symptoms by ensuring patients receive timely treatment for health is- sues, improve patient health care outcomes, reduce the number of health care grievances and health care griev- ance appeals submitted by patients, reduce administra- tive costs to the CDCR, and ensure consistency in prac- tice among institutions.

EV ALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a)(3)(D), the Depart- ment must evaluate whether the proposed regulations are inconsistent or incompatible with existing state reg- ulations. Pursuant to this evaluation, the Department has determined these proposed regulations are not in- consistent or incompatible with any existing regula- tions within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement pursuant to GC

section 17500−17630. FISCAL IMPACT STATEMENT: • Cost or savings to any state agency: $545,000 annually. • Cost to any local agency or school district that is required to be reimbursed: None. • Other nondiscretionary cost or savings imposed on local agencies: None. • Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs because the proposed regulations abolish copayments for health care services and pay- ment for prescribed artificial appliances which only af- fects CDCR patients.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed ac- tion will not have a significant statewide adverse eco- nomic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states because the proposed regula- tions abolish copayments for health care services and payment for prescribed artificial appliances which only affects CDCR patients. The proposed regulations will have no effect on non−CDCR incarcerated California residents, worker safety, or the State’s environment.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed amendments to these regulations abol- ish copayments for health care services and the require- ment for non−indigent patients to purchase prescribed artificial appliances. These proposed changes will be beneficial to the health and welfare of CDCR patients by ensuring timelier reporting of health issues by CDCR patients which may result in increased treatment efficacy. The Department has determined that the proposed regulations will have an annual approximate cost of $545,000 to the Department.

This cost reflects the loss of current revenue collected from patient copayments and prescribed appliances. The Department also antici- pates administrative cost savings as a result of no longer collecting and processing copayments and payments

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 538 for prescribed appliances; however, the amount of sav- ings is not known at this time. The Department has determined that the proposed regulations will have no impact on the creation of new or the elimination of existing jobs or businesses within California or affect the expansion of businesses current- ly doing business in California because the proposed regulations abolish copayments for health care services and payment for prescribed artificial appliances which only affects CDCR patients.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. The proposed regulations abolish copay- ments for health care services and payment for pre- scribed artificial appliances which only affects CDCR patients.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse economic impact on small businesses because the proposed regu- lations abolish copayments for health care services and payment for prescribed artificial appliances which only affects CDCR patients.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provisions of law.

The Department has made an initial determination that the action will not have a significant adverse eco- nomic impact on business. Additionally, there has been no testimony, reasonable alternative, or other evidence provided that would alter the CDCR’s initial determina- tion to proceed with this action. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail- able, the proposed text and the Initial Statement of Rea- sons (ISOR) of the proposed regulatory action.

The rulemaking file for this regulatory action, which con- tains those items and all information on which the pro- posal is based (i.e., rulemaking file) is available to the public upon request directed to the contact person listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website http://www.cchcs.ca.gov/. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the contact per- son listed in this Notice.

A V AILABILITY OF CHANGES TO PROPOSED 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 which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 calendar days be- fore the Department adopts the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person listed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY TITLE 22. SOCIAL SECURITY DIVISION 9. PREHOSPITAL EMERGENCY MEDICAL SERVICES

CHAPTER 4. PARAMEDIC The Emergency Medical Services Authority (“EMS Authority or “EMSA”) proposes to adopt regulations described below after considering all comments, objec- tions, and recommendations regarding the proposed action. PUBLIC HEARING EMSA will hold a public hearing on Monday, May 20, 2019, beginning at 9:00 a.m. and ending at 11:00

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 539 a.m. The location of the public hearing is 10901 Gold Center Drive, Suite. 400, Rancho Cordova, CA 95670. EMSA requests that any person making oral comments also submit a written copy of their testimony. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to EMSA. Comments may be submitted by mail, facsimile (FAX) at (916) 324−2875, or by e−mail to esam.el−morshedy@emsa. ca.gov. The written comment period closes Monday, May 20, 2019.

EMSA will consider only comments re- ceived by the end of that day. Submit written comments to: Esam El−Morshedy EMS Authority 10901 Gold Center Drive, Suite 400 Rancho Cordova, CA 95670 AUTHORITY AND REFERENCE The Health and Safety Code,

Section 1797.107 au- thorizes EMSA to adopt the proposed regulations, which would implement, interpret, or make specific

Section 1797.116, 1797.172, and 1797.194 of the Health and Safety Code. INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW The Legislature passed AB 1598 (Rodriguez, Chap- ter 668, Statutes of 2014) amending

Section 1797.116, 1797.172, and 1797.194 of the Health and Safety Code (HSC). The major provision of 1797.116 charges the EMSA with developing training standards that include criteria for the curriculum content in the training of tac- tical casualty care principles. These regulations clarify and make specific the meth- ods for training program reviews, approvals and ac- creditation requirements, and to update applications and licensure processes. Additionally, the required course content will be updated to include the statutory elements found in AB1598 (Rodriquez,

Chapter 668, Statutes of 2014) that provide for additional require- ments regarding coordination between emergency medical services personnel during terrorism incidents or active shooter events. Existing statutes require that if the patient has been determined to have an emergency medical condition, and receives advanced life support, they must be trans- ported to a General Acute Care Hospital (GACH) with a Basic Emergency Department (ED) permit (HSC Sec- tion 1797.88), and that facility must be the closest ap- propriate medical facility (HSC

Section 1797.114). The EMS Administrators Association of California (EMSAAC) and EMS Medical Directors Association of California (EMDAC) have developed a position pa- per positing that once paramedics arrive at an emergen- cy patient, the paramedics may assess and determine that a patient is in a “non−emergency” condition. At that point, a local EMS agency (LEMSA) Medical Director has broad medical control authority to authorize a pa- tient to be transported to any destination, unrestricted by existing statutes, because the patient is not in an “emergency” condition.

The Medical Director of a LEMSA has broad authori- ty to make medical decisions regarding patient destina- tion from the scene of an emergency and while in trans- port, pursuant to HSC Sections 1797.220 and 1798. Though existing regulations do not require patient transport, and specifically recognize non−transport as an option, there is much confusion regarding the assess- ment and transport of patients to alternative destina- tions by paramedics.

These regulations propose the adoption of specific requirements for training, proto- cols, documentation, and consideration for establishing alternative destinations when paramedics assess and determine that a patient is in a “non−emergency” condition.

The regulations proposed in this rulemaking action intend to: clarify and make specific the methods for training program reviews, clarify and make specific the methods for training program approvals, clarify and make specific the methods training program accredita- tion requirements, update paramedic applications, up- date the paramedic licensure processes, add curriculum content for tactical casualty care principles to the re- quired course content, and establish requirements for prehospital triage of patients who are assessed and de- termined to have a non−emergency condition to an al- ternative destination for treatment under the medical control of a LEMSA medical director.

Anticipated Benefits of the Proposed Regulation: The broad objective of the regulation is to clarify and make specific the methods for training program re- views, approvals and accreditation requirements, up- date applications and licensure processes, provide for additional requirements regarding coordination be- tween emergency medical services personnel during terrorism incidents or active shooter events, and estab- lish requirements for prehospital triage of patients who are assessed and determined to have a non−emergency condition to an alternative destination for treatment un- der the medical control of a LEMSA medical director.

The specific benefit from the regulations is to protect

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 540 the welfare and health and safety of the public by ensur- ing paramedics provide service to the public in a stan- dardized and consistent manner while addressing the emerging issue of active shooter or terrorism events and providing clarity regarding the assessment and trans- port of “non−emergency” patients to an alternative des- tination by paramedics. The proposed regulations im- prove the clarity of paramedic training program and li- censure requirements which will lead to consistent state−wide application of the requirements.

Determination of Inconsistency/Incompatibility with Existing State Regulations: EMSA has determined that this proposed regulation is not inconsistent or incompatible with existing regula- tions. Existing regulations already require paramedics to complete a specified number of continuing education hours and the proposed regulations do not increase those requirements. Existing paramedic training pro- grams are available and will revise their course curricu- lum to meet the new requirements proposed in these regulations.

Existing regulations do not require patient transport, and already specifically recognize non− transport as an option. Finally, the proposed regulations do not impose any requirements upon EMS service providers. EMSA has determined that these regulations will not cause inconsistency or incompatibility with other existing regulations that concern paramedics. DOCUMENTS INCORPORATED BY REFERENCE • Form #EMSA−0391, revised 01/17. • January 2009 United States Department of Transportation (U.S.

DOT) National Emergency Medical Services Education Standards DOT HS 811 077 E ( https://www.ems.gov/pdf/National− EMS−Education−Standards−FINAL−Jan−2009. pdf ). • Initial In−State Paramedic License Application, Form #L−01, revised 03/2019. • Initial Out−of−State Paramedic License Application Form #L−01A revised 03/2019. • Initial Challenge Paramedic License Application, Form #CL−01A revised 03/2019. • Renewal Paramedic License Form #RL−01, revised 03/2019. • Audit Renewal Paramedic License Application, Form #AR−01, revised 03/2019. • Reinstatement Paramedic License Application Lapsed Less than One Year, Form #RLL−01A, revised 03/2019. • Reinstatement Paramedic License Application Lapsed of One Year or More, Form #RLL−01B, revised 03/2019. • Request for Licensure/Certification Verification, Form #VL−01, revised 03/2019.

DISCLOSURES REGARDING THE PROPOSED ACTION The EMSA has made the following initial determinations: • Mandate on local agencies and school districts: None. • Cost or savings to any state agency: EMSA is not aware of any significant cost impacts that a state agency would incur in reasonable compliance with the proposed action. Existing regulations do not require patient transport, and already specifically recognize non−transport as an option. Existing regulations already require paramedics to complete a specified number of continuing education hours and the proposed regulations do not increase those requirements.

Existing paramedic training programs are available and will revise their course curriculum to meet the new requirements proposed in these regulations. While a training program may incur a cost to revise their curriculum the cost is not anticipated to be significant.

State agencies that may be required to revise their course curriculum include: California Department of Parks and Recreation, California Department of Forestry and Fire Protection (CAL FIRE) and California Highway Patrol (CHP). • Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. • Other nondiscretionary cost or savings imposed on local agencies: None. • Cost or savings in federal funding to the state: None. • Cost impact on a representative private person or business: EMSA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Existing regulations do not require patient transport, and already specifically recognize non−transport as an option. Existing regulations already require paramedics to complete a specified number of continuing education hours and the proposed regulations do not increase those requirements. Existing paramedic training programs are available and will revise their course curriculum to meet the new

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 541 requirements proposed in these regulations. While a training program may incur a cost to revise their curriculum the cost is not anticipated to be significant. • Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. • Significant effect on housing costs: None. • The proposed regulations may affect small businesses.

Results of the Economic Impact Analysis/Assessment: The EMSA concludes that it is (1) unlikely that the proposal will eliminate any jobs or training programs (2) unlikely the proposal will create any new jobs (3) unlikely the proposal will create any new businesses providing training programs (4) unlikely the proposal will eliminate any existing businesses, and (5) unlikely the regulations will result in the expansion of business- es currently doing business within the state.

Benefits of the Proposed Action: The proposed regu- lations will benefit California residents by ensuring that all paramedics receive training in the coordination be- tween emergency medical services personnel during terrorism incidents or active shooter events. The regula- tions will also benefit California residents by ensuring that patients assessed and determined to have a “non− emergency” condition are transported to an alternative destination for further treatment commensurate with their condition.

The regulations also enable paramedics to provide service to the public in a standardized and consistent manner and improve the clarity of paramedic licensure requirements and clarify and make specific the methods for training program reviews, approvals and accreditation requirements, leading to consistent state−wide application of the requirements. CONSIDERATION OF ALTERNATIVES In accordance with Government code

section 11346.5, subdivision (a)(13), EMSA must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private 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.

EMSA invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the proposed regulatory action may be directed to: Esam El−Morshedy EMS Authority 10901 Gold Center Drive, Suite 400 Rancho Cordova, CA 95670 (916) 431−3656 Esam.El−morshedy@emsa.ca.gov The backup contact person is: Jennifer Lim EMS Authority 10901 Gold Center Drive, Suite 400 Rancho Cordova, CA 95670 (916) 431−3700 Jennifer.Lim@emsa.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial state- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Esam El−Morshedy at the above address.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The EMSA will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of rea- sons. Copies may be obtained by contacting Esam El− Morshedy at the address or phone number listed above or accessed through our website at www.emsa.ca.gov.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the EMSA may adopt the proposed regula- tions substantially as described in this notice. If the EMSA makes modifications which are sufficiently re- lated 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 EMSA adopts the regulation as revised. Please send requests for copies of the modified regulations to the attention of Esam El−Morshedy at the address or phone number list-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 542 ed above. The EMSA will accept written comments on the modified regulations for 15 days after the date on which they were 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 Esam El−Mor- shedy at the address or phone number listed on the pre- vious page.

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 regulations in underline and strikeout format is available on the EMS Authority website at: website at https://emsa.ca.gov/ public comment/.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES Monitoring Golden Eagle and Bald Eagle Nest Sites The Department of Fish and Wildlife (Department) received a study proposal from Eric Hallingstad, on be- half of Western EcoSystems Technology, Inc., request- ing authorization to take Golden Eagle (Aquila chrysae- tos) and Bald Eagle (Haliaeetus leucocephalus), both Fully Protected birds, for scientific research purposes, consistent with conservation and recovery of the species. The Bald Eagle is listed as Endangered under the California Endangered Species Act.

Mr. Hallingstad is planning to conduct studies throughout the range of the two eagle species in Califor- nia, in accordance with standardized methods approved by the Department and the U.S. Fish and Wildlife Ser- vice (Service). The research activities include aerial he- licopter surveys to locate nests to determine nest occu- pancy, success and productivity. No adverse effects on individuals or populations are expected. Salvage activi- ties may also be authorized for scientific purposes.

The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) that would authorize qualified professional wildlife re- searchers, with Mr. Hallingstad as the Principal Investi- gator, to carry out the proposed activities. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30−day notice pe- riod has been provided to affected and interested parties through publication of this notice. If the Department de- termines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it would issue the authorization on or after May 4, 2019, for an initial and renewable term of up to, but not to exceed three years. Contact: Carie Battistone, Carie.Battistone@wildlife.ca.gov, 916−445−3615.

RULEMAKING PETITION DECISIONS BOARD OF PAROLE HEARINGS RESPONSE TO PETITION TO ADOPT, AMEND, OR REPEAL A REGULATION PURSUANT TO GOVERNMENT CODE SECTIONS 11340.6 AND 11340.7 BPH PETITION RESPONSE 2019−02 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 petitioner Cindy Young on February 28, 2019. In accordance with subdivision (

a) of

section 11340.7, this document serves as the board’s response to the petition. The following information is provided with the re- sponse in compliance with subdivision (

d) of Govern- ment Code

section 11340.7: 1. NAME OF AGENCY: Board of Parole Hearings 2. PARTY SUBMITTING THE PETITION: Cindy Y oung (AB0174) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED: Petitioner requested the board amend California Code of Regulations, title 15,

section 2281. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: Petitioner did not cite authority under which the board may take the requested action. Howev- er, the board acknowledges general rulemaking author- ity 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 Cali- fornia Code of Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 543 5. REASONS SUPPORTING THE AGENCY’S DECISION: Petitioner requests the board amend Cali- fornia Code of Regulations, title 15,

section 2281, sub- division (

d) to include “Gender Dysphoria” and “Prior Foster Youth” as factors to be considered by a parole consideration hearing panel when determining an in- mate’s suitability for parole. Petitioner’s requests to amend California Code of Regulations, title 15,

section 2281(

d) to include “Gender Dysphoria” and “Prior Foster Youth” as factors automatically required to be considered when determining an inmate’s suitability for parole are DENIED. The California Code of Regulations, title 15, sections 2281, subdivision (d), and 2402, subdivision (d), both list identical circumstances tending to show suitability for parole that are meant to provide general guidelines to parole hearing panels; however, each

section ulti- mately authorizes the panel to determinate the rele- vance and importance attached to any particular cir- cumstance or combination of circumstances in each case. Specifically, subdivision (

b) of each

section re- quires parole hearing panels to consider all relevant and reliable information available in determining an in- mate’s suitability for parole. Thus, to the extent an in- mate’s record contains reliable information regarding the presence of gender dysphoria or history as a prior foster youth that is relevant to the panel’s determination of that inmate’s suitability for parole, parole hearing panels are already required by these sections to consider that information in assessing his or her suitability. Further, petitioner’s request for the board to amend

section 2281, subdivision (d), to include gender dys- phoria and prior foster youth history as circumstances tending to show suitability essentially requests the board to automatically find these factors relevant and indicative of suitability for parole. However, in making this request, petitioner did not provide any information or evidence, such as scientific research, that gender dys- phoria or history as a prior foster youth always indicates an inmate is suitable for parole, and the board does not know of any evidence to support this claim. Therefore, the board DENIES petitioner’s request to amend California Code of Regulations, title 15,

section 2281, subdivision (

d) to explicitly mandate parole hear- ing panels consider “Gender Dysphoria” and “Prior Foster Youth” as circumstances tending to show an in- mate is suitable for parole. 6. BOARD CONTACT PERSON: Christopher Hoeft Staff Attorney Board of Parole Hearings P. O. Box 4036 Sacramento, CA 95812−4036 Office: (916) 322−6729 Fax: (916) 322−347 BPH.Regulations@cdcr.ca.gov 7. NOTICE TO INTERESTED PERSONS: Un- der 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 inter- ested persons have the right to obtain a copy of the peti- tion that is the subject of this decision by sending a re- quest to the board. In submitting such a request, please reference BPH PETITION RESPONSE 2019−02 in the request. DATE OF DECISION: March 26, 2019 DEPARTMENT OF INSURANCE DECISION REGARDING PETITION FOR RULEMAKING On February 21, 2019, several organizations 1 sub- mitted a Petition for Rulemaking (“Petition”), and cited to Government Code

section 11340.6 as authority for the Petition. The Petition seeks regulations addressing the use of “groups” in automobile insurance rating un- der Proposition 103. Specifically, the petition states that “insurance companies in California are improperly uti- lizing a person’s occupation and education to set auto insurance premiums.

The use of these unauthorized rat- ing factors increases the cost of insurance for lower− wage, less educated and blue−collar California mo- torists and is a direct violation of Proposition 103.” RELIEF REQUESTED Petitioners request that the Commissioner amend the Proposition 103 Automobile Rating Factor regulations set forth in Title 10, California Code of Regulations,

Chapter 5, sections 2632 et seq. “to prohibit auto[mo- bile] insurance companies from surcharging motorists based on their occupation, education level, or any 1 Consumer Watchdog, United Policyholders, Public Advocates Inc., Presente.org, Neighborhood Assistance Corporation of America, La Casa de la Raza, KIWA (Korean Immigrant W orkers Alliance), Courage Campaign, Consumers for Auto Reliability and Safety, Consumer Federation of America, and Consumer Ac- tion. (“Petitioners”).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 544 generic classification pertaining to occupation or edu- cation.” In support, petitioners cite recent premium quotes and a national study by the Consumer Federation of America, stating that “ ‘some major auto insurers charge higher rates to drivers with less education and lower−status jobs,’ and concluded that ‘auto insurers are discriminating on the basis of income and race’ — including in California.” AUTHORITY AND REFERENCE CITED IN THE PETITION Petitioners cite California Government Code

section 11340.6 and Insurance Code sections 1861.02 and 12921. Government Code

section 11340.6 is part of California’s Administrative Procedure Act (“APA”) found in

Chapter 3.5 of

Part 1, Division 3 of Title 2 of the California Government Code (Government Code sections 11340−11361). THE COMMISSIONER’S DETERMINATION The Commissioner declines to grant the Petition at this time in order to conduct a public hearing to ascer- tain the facts. The Commissioner is concerned by the al- legations and statements in the Petition and is commit- ted to taking action should discriminatory practices ad- versely impacting California’s working families be substantiated. REASONS SUPPORTING THE COMMISSIONER’S DETERMINATION Petitioners filed the Petition pursuant to Government Code

section 11340.6. California law provides, howev- er, that the APA does not apply to Proposition 103 ratemaking regulations. The APA expressly states that

Chapter 3.5, entitled “Administrative Regulations and Rulemaking” “does not apply to: [a] regulation that es- tablishes or fixes rates, prices, or tariffs.” (Gov. Code, § 11340.9(g); accord 20th Century Insurance Co. v. Garamendi (1994) 8 Cal.4th 216, 270.).

In this case, Pe- titioners contend that “insurance companies in Califor- nia are improperly utilizing a person’s occupation and education to set auto insurance premiums.” Petitioners request that the Commissioner “take immediate action” to “prohibit auto insurance companies from surcharg- ing motorists based on their occupation, education lev- el, or any generic classification pertaining to occupa- tion or education, many of which are thinly veiled sur- rogates for wealth, ethnicity and race.” Accordingly, the Petition constitutes a request to “establish [. . .rates, [or] prices. . .” by regulation, and therefore is not subject to a petition for rulemaking under the APA.

Petitioners also cite Insurance Code sections 1861.02 and 12921(

a) as authority for the Petition. Those sections grant discretion to the Commissioner, but do not require him to issue regulations addressing the use of groups in automobile insurance rating under Proposition 103. FURTHER DETERMINATION Although the Commissioner declines to grant the Pe- tition, he is committed to protecting all California driv- ers from improper rating practices, and ensuring that everyone is treated fairly and equitably, particularly those drivers who may be disadvantaged by such rating practices.

It is important for the Commissioner to hear from all stakeholders regarding the allegations and to ascertain the facts and circumstances relating to the allegations in the Petition prior to proposing any regulatory actions. Therefore, the Commissioner will call for a public hear- ing into the rating practices alleged in the Petition to identify and evaluate whether and to what extent insur- ers are engaged in rating practices with respect to group insurance plans that are inconsistent with California law, including but not limited to, the provisions of Proposition 103 and the Unruh Civil Rights Act (Cal. Civ.

Code § 51). AGENCY CONTACT PERSON Geoffrey F . Margolis, Deputy Commissioner & Special Counsel California Department of Insurance 300 Capitol Mall, 17th Floor Sacramento, CA 95814 Geoff.Margolis@insurance.ca.gov 916−492−3500 OBTAINING COPIES OF THE PETITION Interested persons may obtain a copy of the Petition from the Agency Contact Person. Dated: March 25, 2019

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 14-Z 545

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# 2019−0212−01 BOARD OF BEHA VIORAL SCIENCES Add Board−Recognized Continuing Education Approval Agencies This change without regulatory effect filing by the Board of Behavioral Sciences adds two approval agen- cies to the list of board−recognized continuing educa- tion approval agencies. Title 16 AMEND: 1887.4.1 Filed 03/26/2019 Agency Contact: Christy Berger (916) 574−7817 File# 2019−0208−02 CALIFORNIA HIGHWAY P ATROL Tire Traction Devices In this resubmittal of OAL Matter No. 2017−1221−02S, the California Highway Patrol (“CHP”) proposes to adopt crite

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2019, No. 14
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	3a3074550a6ef344131284807c0c03b06d767e05

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