California Regulatory Notice Register — Register 2019, No. 2-Z (January 11, 2019)
Cal. Reg. Notice Reg. 2019, No. 2
California Z Register
REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 2−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 11, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA STATE UNIVERSITY RISK MANAGEMENT AUTHORITY Conflict−of−Interest Code — Notice File No. Z2018−1227−04 ........................................... 51 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−1227−05 ........................................... 51 Amendment Multi−County: Santa Rosa Regional Resources Authority TITLE 14.
BOARD OF FORESTRY AND FIRE PROTECTION Safety Element Review, 2019 — Notice File No. Z2018−1227−03 ......................................... 52 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Subdivision Map Findings, 2019 — Notice File No. Z2018−1227−02 ...................................... 56 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Very High Fire Hazard Severity Zone Adoption, 2019 — Notice File No. Z2018−1227−01 ..................... 59 TITLE 14. FISH AND GAME COMMISSION Archery Equipment and Crossbow Regulations — Notice File No. Z2018−1231−02 ........................... 63 TITLE 14.
FISH AND GAME COMMISSION Mammal Hunting Regulations 2019−2020 Season — Notice File No. Z2018−1231−01 ........................ 65 TITLE 22. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Health Facility Financial Reporting Method — Notice File No. Z2018−1228−01 ............................. 68 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for High Priority Canal and Culvert Deferred Maintenance Project 2080−2018−015−02, Sutter County .................................. 72
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 72 Sections Filed, August 1, 2018 to January 2, 2019 ..................................................... 76 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. 2-Z 51 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CALIFORNIA STATE UNIVERSITY RISK MANAGEMENT AUTHORITY NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE CALIFORNIA STATE UNIVERSITY RISK MANAGEMENT AUTHORITY NOTICE IS HEREBY GIVEN that the California State University Risk Management Authority, pursuant to the authority vested in it by
section 87306 of the Gov- ernment Code, proposes amendments to its conflict− of−interest code. A comment period has been estab- lished commencing on January 11, 2019 and closing on February 25, 2019. All inquiries should be directed to the contact listed below. The California State University Risk Management Authority 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 interest, 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: • Because the FPPC has implemented electronic filing, we updated our place of filing paragraph and inserted page numbers, • Consultant/New Positions — FPPC wanted restored their usual and customary language, this
section is FPPC boilerplate. Information on the code amendment is available on the CSURMA.org site and attached to this email. Any interested person may submit written comments relating to the proposed amendment by submitting them no later than February 25, 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 February 10, 2019.
The California State University Risk Management Authority 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: Tevea Him, JPA Administrator, (415) 403−1416, thim@alliant.com. 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− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Santa Rosa Regional Resources Authority A written comment period has been established com- mencing on January 11, 2019, and closing on February 25, 2019.
Written comments should be directed to the Fair Political Practices Commission, Attention Brianne Kilbane, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 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
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 52 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− submission 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 February 25, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.
COST TO LOCAL AGENCIES There shall be no reimbursement for any new or 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− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.
REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(
s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Safety Element Review, 2019” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,
Chapter 7,
Article 6 Amend § 1265.03. Safety Element Review Response NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on March 6, 2019, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action.
The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered during the meeting, shall be made available for
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 53 public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on Monday, February 25, 2019.
The Board will consider only written comments re- ceived at the Board office by that time and those written comments received at the public hearing, including written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written com- ments to the Board reference the title of the rulemaking proposal in their comments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O.
Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand−delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989 Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) 14 CCR § 1122 Authority cited:
Section 65302.5, Government Code; and
Section 4111, Public Resources Code. Reference:
Section 65302.5, Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) California Government Code
Section 65302.5(b)(1) requires a draft element of or draft amendment to the safety element of a county or a city’s general plan to be submitted to the Board of Forestry and Fire Protection (Board) if that county or city contains State Responsi- bility Area (SRA) or Very High Fire Hazard Severity Zone (VHFHSZ), and
Section 65302.5(b)(2) requires the Board to review the submitted safety elements for how well it addresses wildland fire risk reduction and mitigation in the planning area. In the 2017−2018 ses- sion of the California Legislature, Senate Bill 1260 (Jackson, 2018) added a new
section to GC 65302.5 — 65302.5(b)(3) — that allows the Board to request a con- sultation with a local jurisdiction’s board of supervisors or city councilmembers if the jurisdiction did not accept the Board’s recommendations to improve wildland fire risk reduction and mitigation in the general plan safety element. The problem is that this consultation is not in the reg- ulations promulgated by the Board in 2017 that dictate the process of reviewing and making recommendations on a general plan safety element.
The purpose of the proposed action is to revise the Safety Element Review regulations to include the new consultation option now in statute. The effect of the proposed action is to align the exist- ing process in regulation with the changes in statute as a result of the passage of SB 1260. The specific anticipated benefit of the proposed ac- tion is a clear, direct, and standardized review process that maximizes efficiency, provides transparency to the regulated public, and is utilized effectively to prevent property and life losses in the wildland−urban interface due to fire.
As a result, this regulatory action will have a positive effect on the protection of public health and safety, worker safety, and the environment. There is no comparable federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). Board staff assessed existing State regulations related to safety element reviews and found no existing State regulations that met the same purpose as the proposed action.
Based on this evaluation and ef- fort, the Board has determined that the proposed regula- tions are neither inconsistent nor incompatible with ex- isting State regulations. The proposed regulation is en- tirely consistent and compatible with existing Board rules.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 54 MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations related to general plans or safety elements. No existing Federal regulations meeting the same purpose as the proposed action were identified.
OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under
Part 7 (com- mencing with
Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) • Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of experience reviewing general plan safety elements for cities and counties in California that the Board brings to bear on regulatory development. • Staff participation in the development of Governor’s Office of Planning and Research Fire Hazard Planning General Plan Technical Advice Series, May 2015. • Discussions with Department of Forestry & Fire Protection staff on implementation of the enabling statute, GOV § 65302.5.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D). The proposed action: (
A) will not create jobs within California; (
A) will not eliminate jobs within California; (
B) will not create new businesses; (
B) will not eliminate existing businesses within California; (
C) will not affect the expansion or contraction of businesses currently doing business within California; (
D) will yield nonmonetary benefits through the mitigation of wildfire risk in the planning area and
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 55 additional government transparency. Due to these pre−planning efforts to protect wildland−urban interface areas, the protection of health and welfare of California residents, worker safety, and the state’s environment will benefit in perpetuity. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected.
BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV 11342.610) Small businesses, within the meaning of GOV § 11342.610, are not expected to be affected by the pro- posed action.
Small business, pursuant to 1 CCR § 4(a): (1) is not legally required to comply with the regulation; (2) is not legally required to enforce the regulation; (3) does not derive a benefit from the enforcement of the regulation; (4) does not incur a detriment from the enforcement of the regulation if it does not comply with the regulation. Pursuant to 1 CCR § (b), the reason(
s) the regulation does not affect small business are the same as provided in the Economic Impact Analysis in the Initial State- ment of Reasons.
ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Ms. Han- nigan is not available is Eric Hedge, Regulations Coor- dinator for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or phone.
A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.
Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.
After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised.
Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 56 Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: http://bofdata.fire.ca.gov/regulations/proposed_rule_ packages/. TITLE 14.
BOARD OF FORESTRY AND FIRE PROTECTION “Subdivision Map Findings, 2019” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,
Chapter 7, Subchapter 4,
Article 2 Adopt Subchapter 4 Fire Protection Planning
Article 2 Subdivision Map Findings § 1266.00
Definitions § 1266.01 Subdivision Map Findings § 1266.02 Reporting the Findings NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on March 6, 2019, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action.
The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on Monday, February 25, 2019.
The Board will consider only written comments re- ceived at the Board office by that time and those written comments received at the public hearing, including written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written com- ments to the Board reference the title of the rulemaking proposal in their comments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O.
Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989 Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) 14 CCR § 1122 Authority cited:
Section 66474.02, Government Code; Sections 4202, 4203 and 4204, Pub- lic Resources Code. Reference:
Section 66474.02,
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 57 Government Code; Sections 4201, 4202, 4203 and 4204, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) California Government Code
Section 66474.02, a provision in the Subdivision Map Act, requires a leg- islative body of a county to make two findings before approving a tentative map, or a parcel map for which a tentative map is not required, for a subdivision within the State Responsibility Area (SRA) or a V ery High Fire Hazard Severity Zone (VHFHSZ). These findings are related to the design of the subdivision for fire protec- tion, including ensuring compliance with Public Re- sources Code (PRC) 4290 and 4291 and finding that the subdivision has adequate fire protection from a fire agency.
By making these findings, the legislative body is asserting that the subdivision is designed and built to meet the state minimum requirements for fire protec- tion, which draws attention to the importance of plan- ning for fire protection and ensuring that in particular, subdivisions in very high fire hazard areas have ade- quate ingress and egress (PRC 4290) and defensible space (PRC 4291).
Compliance with those two sections of code provide for the safe evacuation of a community during any kind of disaster, not just wildfires, and also provide a safer environment for firefighters to defend homes from an oncoming wildfire. This statute also re- quires that the legislative body must send these findings to the Board of Forestry and Fire Protection. The problem is that regulations are necessary to im- plement and make specific the process by which the leg- islative body must make these findings and submit them to the Board.
The purpose of the proposed action is to develop a transparent, clear, and standardized process for legisla- tive bodies to make the tentative/parcel map findings and transmit them to the Board. The effect of the proposed action is to create a process by where local legislative bodies have no confusion re- garding the process to send the Board their tentative/ parcel map findings, and by where the Board is receiv- ing standardized, consistent information regarding those findings from jurisdiction to jurisdiction.
The primary benefit of the proposed action is a clear, direct, and standardized transmission process that max- imizes efficiency, provides transparency to the regulat- ed public, and is utilized effectively to prevent property and life losses in the wildland−urban interface due to fire. As a result, this regulatory action will have a posi- tive effect on the protection of public health and safety, worker safety, and the environment. There is no comparable federal regulation or statute.
Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). Board staff assessed existing State regulations related to making findings on a subdivision map and found no existing State regulations that met the same purpose as the proposed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor in- compatible with existing State regulations. The pro- posed regulation is entirely consistent and compatible with existing Board rules.
MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations related to subdivision maps. No existing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations.
LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under
Part 7 (com- mencing with
Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 58 The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) • Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of experience regulating fire safe development in California that the Board brings to bear on regulatory development. • Staff participation in the development of Governor’s Office of Planning and Research Fire Hazard Planning General Plan Technical Advice Series, May 2015. • Discussions with Department of Forestry and Fire Protection staff on implementation of the enabling statute, GOV § 66474.02.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D). The proposed action: (
A) will not create jobs within California; (
A) will not eliminate jobs within California; (
B) will not create new businesses; (
B) will not eliminate existing businesses within California; (
C) will not affect the expansion or contraction of businesses currently doing business within California; (
D) will yield nonmonetary benefits through the mitigation of wildfire risk in the planning area and additional government transparency. Due to the consistent implementation of these regulations to protect wildland−urban interface areas, the protection of health and welfare of California residents, worker safety, and the state’s environment will benefit in perpetuity.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV 11342.610) Small businesses, within the meaning of GOV § 11342.610, are not expected to be affected by the pro- posed action.
Small business, pursuant to 1 CCR § 4(a): (1) is not legally required to comply with the regulation; (2) is not legally required to enforce the regulation; (3) does not derive a benefit from the enforcement of the regulation; (4) does not incur a detriment from the enforcement of the regulation if it does not comply with the regulation.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 59 Pursuant to 1 CCR § (b), the reason(
s) the regulation does not affect small business are the same as provided in the Economic Impact Analysis in the Initial State- ment of Reasons.
ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Ms. Han- nigan is not available is Eric Hedge, Regulations Coor- dinator for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or phone.
A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.
Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.
After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised.
Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.
FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: http://bofdata.fire.ca.gov/regulations/proposed_rule_ packages/. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Very High Fire Hazard Severity Zone Adoption, 2019” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,
Chapter 7, Subchapter 3,
Article 1 Adopt § 1280.00
Definitions § 1280.02 Very High Fire Hazard Severity Zones in the LRA Amend § 1280. Fire Hazard Severity Zones
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 60 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on March 6, 2019, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action.
The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on Monday, February 25, 2019.
The Board will consider only written comments re- ceived at the Board office by that time and those written comments received at the public hearing, including written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written com- ments to the Board reference the title of the rulemaking proposal in their comments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O.
Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989 Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) 14 CCR § 1122 Authority cited: Sections 4202, 4203 and 4204, Public Resources Code;
Section 51179, Gov- ernment Code. Reference: Sections 4201, 4202, 4203 and 4204, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) California Government Code
Section 51179(
a) re- quires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the direc- tor pursuant to subdivisions (
b) and (
c) of
Section 51178. SB 1260 (Jackson, 2018) revised GC 51179(
c) to require local agencies to send those ordinances to the Board of Forestry and Fire Protection (Board) within 30 days of adoption. The problem is that there are no further instructions for local agencies in regulation. The purpose of the proposed action is to implement and make specific the Legislature’s requirement in GC 51179(
c) that local agencies send their adopted ordi- nances to the Board. The effect of the proposed action is to provide local agencies a transparent and consistent process for sub- mitting their ordinances to the Board The primary benefit of the proposed action is a clear, direct, and standardized process that maximizes effi- ciency, provides transparency to the regulated public, and is utilized effectively to prevent property and life losses in the wildland−urban interface due to fire.
As a result, this regulatory action will have a positive effect on the protection of public health and safety, worker safety, and the environment. There is no comparable federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 61 with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). Board staff assessed existing State regulations related to adopting fire hazard severity zone maps and found no existing State regulations that met the same purpose as the proposed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor in- compatible with existing State regulations. The pro- posed regulation is entirely consistent and compatible with existing Board rules.
MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations relating to the adoption of fire hazard severity zone maps. No existing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations.
LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under
Part 7 (com- mencing with
Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in any costs or savings to any State agency. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) • Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of experience regulating fire hazard severity zones and fire safe land use planning in California that the Board brings to bear on regulatory development. • Discussions with Department of Forestry and Fire Protection staff on implementation of the enabling statute, GOV § 51179.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D). The proposed action: (
A) will not create jobs within California; (
A) will not eliminate jobs within California; (
B) will not create new businesses; (
B) will not eliminate existing businesses within California;
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 62 (
C) will not affect the expansion or contraction of businesses currently doing business within California; (
D) will yield nonmonetary benefits through the mitigation of wildfire risk in the planning area and additional government transparency. Due the adoption of consistently−determined fire hazard severity zones to protect wildland−urban interface areas, the protection of health and welfare of California residents, worker safety, and the state’s environment will benefit in perpetuity.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV 11342.610) Small businesses, within the meaning of GOV § 11342.610, are not expected to be affected by the pro- posed action.
Small business, pursuant to 1 CCR § 4(a): (1) is not legally required to comply with the regulation; (2) is not legally required to enforce the regulation; (3) does not derive a benefit from the enforcement of the regulation; (4) does not incur a detriment from the enforcement of the regulation if it does not comply with the regulation. Pursuant to 1 CCR § 4(b), the reason(
s) the regulation does not affect small business is that the regulation re- quires local government, not small business, to desig- nate these specific very high fire hazard severity zones. Further analysis is provided in our Economic Impact Analysis in the Initial Statement of Reasons.
CONSIDERATION OF ALTERNATIVES In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Edith Hannigan Land Use Planning Policy Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Ms. Han- nigan is not available is Eric Hedge, Regulations Coor- dinator for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or phone.
A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.
Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.
After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text —
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 63 with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised. Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection.
The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: http://bofdata.fire.ca.gov/regulations/proposed_rule_ packages/ . TITLE 14.
FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 200, 203, 240, and 265 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 203, 203.1, 265, 2005, and 4370, of said Code, proposes to amend
Section 354, Ti- tle 14, California Code of Regulations, relating to Archery Equipment and Crossbow Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Fish and Wildlife (De- partment) proposes two amendments to
Section 354, Title 14, California Code of Regulations, which are re- lated to law enforcement. First, the provision in subsection 354(
f) requires that a bow “cast a legal hunting arrow . . . 130 yards”, how- ever this is unenforceable since it is impossible to demonstrate inside a courtroom. There is a need for clarification of the regulation to require that archery equipment be strong enough to project an arrow at a rate that it will be lethal to the game mammal and also be en- forceable. For clarity, the Department proposes requir- ing a draw weight of at least 40 pounds for a bow and 125 pounds for a crossbow to make it practical to demonstrate in the field and in a courtroom.
Draw weight as used in archery sports is the measure of force required to draw the bow to a ready to fire position. Second, the provision in subsection 354(
h) states that “archers may not possess a firearm while hunting in the field during any archery season, or while hunting during a general season under the provisions of an archery only tag.” The subsection also provides an exception, by ref- erence to Fish and Game Code 4370, which permits peace officers to carry a concealed firearm. The Depart- ment proposes an amendment allowing possession of a concealable firearm while hunting big game other than deer (consistent with Fish and Game Code
section 4370) under the authority of an archery only tag, pro- vided the hunter does not use that firearm in any way to take the game animal. Non−monetary Benefits to the Public The Commission anticipates benefits to the health and welfare of California residents through the sustain- able management of mammal populations. The Com- mission does not anticipate non−monetary benefits to worker safety, the prevention of discrimination, the pro- motion of fairness or social equity and the increase in openness and transparency in business and government.
Consistency and Compatibility with Existing Regulations The Commission has reviewed its regulations in Title 14, CCR, and conducted a search of other regulations on this topic and has concluded that the proposed amend- ments to
Section 354 are neither inconsistent nor in- compatible with existing State regulations. No other State agency has the authority to promulgate hunting regulations. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Resource Building first floor auditorium, 1416 9th Street, Sacramento, California, on February 6, 2019 at 8:30 a.m., or as soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in The City of Santa Monica Civic East Wing Auditorium, 1855 Main Street, Santa Monica, California, on April 17, 2019, at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written com- ments be submitted on or before 5:00 p.m. April 4, 2019 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received be-
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 64 fore 12:00 noon on April 12, 2019. All comments must be received no later than April 17, 2019, at the hearing in Santa Monica, California. If you would like copies of any modifications to this proposal, please include your name and mailing address. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.
The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899. Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Jon Snell- strom at the preceding address or phone number.
Patrick Foy, Captain, Law Enforcement Division, Department of Fish and Wildlife, (916) 651−6692, has been desig- nated to respond to questions on the substance of the proposed regulations. Mailed comments should be ad- dressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244−2090. A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under
Section 265 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (
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. The proposed amendment would not directly or indirectly impose any regulation on businesses. (
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 Commission anticipates no impacts on the creation or elimination of jobs within the state and no impact on the creation of new businesses or the elimination of existing businesses because the proposed amendment would not directly or indirectly impose any regulation on businesses.
The Commission anticipates benefits to the health and welfare of California residents because the proposed amendment would enable the carrying of a firearm, while hunting big game other than deer (consistent with Fish and Game Code
section 4370), in the event a person is threatened by a dangerous animal or person while archery hunting. The Commission does not anticipate impacts on worker safety. The Commission anticipates benefits to the State’s environment by reducing non−lethal injuries to wildlife. (
c) Cost Impacts on a Representative Private Person or Business: The vast majority of hunters use bows that are set to a much higher draw weight than the proposed minimum set by the proposed regulation, so it would not affect them. A small percentage of hunters would choose to purchase a scale to measure their bow’s draw weight to be sure they are in compliance with the law at a cost of about $10−$20 each.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 65 (
d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed regulation would save many hours of investigative costs associated with a wildlife officer’s attempt to prove a seized bow had insufficient strength to cast an arrow at least 130 yards. Time would be spent seizing the bow as evidence and documenting its seizure, finding a safe place to test the bow’s ability to cast an arrow 130 yards, finding the arrow and measuring its flight distance once it is tested, then possibly returning the bow to the hunter at the direction of the court.
Minimal hard costs to the Department would be associated with the proposed regulation change. California’s wildlife officers who regularly work archery seasons may have to purchase bow measuring devices. It is estimated that approximately a quarter of the state’s wildlife officers, or about 100 would have to purchase them at a total one−time cost to the state of $1,000−$2,000. (
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 are 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 It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).
CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.
FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 200, 203, 203.1, 265, 332, 1050, 4331 and 4902 of the Fish and Game Code and to implement, interpret or make specific Sections 332, 1050, 1570, 1571, 1572, 1573, 1574, 3950, 4302, 4330, 4333, 4336, 4340, 4341 and 4902 of said Code, propos- es to amend sections 362, 364, 364.1 and 708.6, Title 14, California Code of Regulations, relating to Mam- mal Hunting Regulations for the 2019−2020 season. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (NELSON BIG HORN SHEEP —
SECTION 362) The current regulation in
Section 362, Title 14, CCR, provides for limited hunting of Nelson bighorn rams in specified areas of the State. The proposed change is in- tended to adjust the number of tags available for the 2019 season based on bighorn sheep spring population surveys conducted by the Department. Final tag quota determinations will be made pending completion of all surveys and data analyses.
Other Amendments: • Establishment of the Newberry, Rodman and Ord Hunt Zone: The proposed change adds this new bighorn sheep hunt zone in San Bernardino County. • Reallocation of the Kelso Peak/Old Dad Mountains Fund−Raising to the Cady Mountains: The Kelso Peak/Old Dad herd unit has experienced significant population decline following a recent outbreak of respiratory disease. The proposal would reallocate this fund−raising tag to be valid in the Cady Mountains Hunt Zone. • Amend the contact telephone number that is no longer in use for the program.
The proposed Editorial Change provides a current contact phone number. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (ELK —
SECTION 364) Current regulations in
Section 364, Title 14, CCR, provide
definitions, hunting zone descriptions, season dates, and elk license tag quotas. To achieve elk herd management goals and objectives and maintain hunting quality, it is periodically necessary to adjust quotas, sea- sons, hunt areas and other criteria in response to dynam- ic environmental and biological conditions. The pro- posed amendments to
Section 364 will establish the
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 66 2019 tag quotas, season dates, and tag distribution with- in each hunt adjusting for annual fluctuations in populations. Proposed Amendments: The proposed ranges of elk tags for 2019 are presented in the Proposed Regulatory Text of
Section 364. 1. Subsections 364(
r) through (aa) specify elk license tag quotas for each hunt in accordance with management goals and objectives. 2. Amend and correct the Special Condition in subsection (d)(13)(B)3. East Park Reservoir General Methods Tule Elk Hunt, alerting hunters to the current Colusa County variance which permits the use of muzzleloaders. 3. Modify Season Dates. Due to military use constraints at Fort Hunter Liggett, hunt dates are annually subject to change and may be adjusted or cancelled by the base commander. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (DEPARTMENT ADMINISTERED SHARED HABITAT ALLIANCE FOR RECREATIONAL ENHANCEMENT (SHARE) ELK HUNTS —
SECTION 364.1) Current regulations in
Section 364.1, SHARE Elk Hunts, T14, CCR, specify elk tag quotas for each hunt area. To achieve elk herd management goals and objec- tives and maintain hunting quality, it is periodically necessary to adjust quotas in response to dynamic envi- ronmental and biological conditions. Preliminary tag quota ranges are indicated pending final 2019 tag allocations in accordance with elk man- agement goals and objectives. Survey data collected be- tween August 2018 and March 2019 will be the basis for the number of tags recommended to the Commission at the April 2019 adoption hearing. The preliminary tag quota ranges for 2019 are found in the proposed Regulatory Text of
Section 364.1. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (TAG V ALIDATION, COUNTERSIGNING AND TRANSPORTING REQUIREMENTS —
SECTION 708.6) Critical to the management of California’s game pop- ulations is the countersigning requirement of deer and elk tags by an authorized person who physically signs their name to the tag attached to the deer or elk carcass. In subsection 708.6(c), Title 14, CCR, Deer and Elk Tags, Persons Authorized to Validate, it is necessary to clarify for the public and law enforcement that “fire- fighters employed on a full−time basis” are authorized to countersign, an addition to the other authorized per- sons found in 708.6(c).
Part−time, volunteer, or other fire station personnel are not included and cannot sign the tag. The added text maintains the existing regulatory requirement that the countersigning may be done only for deer and elk brought to a fire station. Wildlife managers and law enforcement officers from the Department believe expanding the authority to countersign tags to include all firefighters will make it easier for the public to follow the law and increase the number of reliable witnesses in the event of an investi- gation of poaching.
The amendment also clarifies that the authorized per- sons “countersign” as the required action; corrects out- dated state job titles of Plant Quarantine Inspector; clar- ifies that the provisions apply both to deer and elk tags; and other minor editorial changes. BENEFITS OF THE REGULATIONS The proposed regulations will contribute to the sus- tainable management of elk populations in California. Existing elk herd management goals specify objective levels for the proportion of bulls in the herds. These ra- tios are maintained and managed in part by periodically modifying the number of tags.
The final number of tags will be based upon findings from annual harvest, herd composition counts, and population estimates where appropriate. EV ALUATION OF INCOMPATIBILITY WITH EXISTING REGULATIONS The Fish and Game Commission, pursuant to Fish and Game Code Sections 200 and 203, has the sole au- thority to regulate elk hunting in California. Commis- sion staff has searched the California Code of Regula- tions and has found the proposed changes pertaining to elk tag allocations are consistent with Title 14.
There- fore, the Commission has determined that the proposed amendments are neither inconsistent nor incompatible with existing State regulations. Non−monetary Benefits to the Public The Commission anticipates benefits to the health and welfare of California residents through the sustain- able management of mammal populations. The Com- mission does not anticipate non−monetary benefits to worker safety, the prevention of discrimination, the pro- motion of fairness or social equity and the increase in openness and transparency in business and government.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 67 action at a hearing to be held in the Resources Building first floor auditorium, 1416 9th Street, Sacramento, California, on February 6, 2019 at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in The City of Santa Monica Civic East Wing Auditorium, 1855 Main Street, Santa Monica, California, on April 17, 2019, at 8:30 a.m., or as soon thereafter as the matter may be heard.
It is requested, but not required, that written com- ments be submitted on or before 5:00 p.m. April 4, 2019 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received be- fore 12:00 noon on April 12, 2019. All comments must be received no later than April 17, 2019, at the hearing in Santa Monica, California. If you would like copies of any modifications to this proposal, please include your name and mailing address.
A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.
Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Jon Snell- strom at the preceding address or phone number. Brad Burkholder, Environmental Program Manager, Depart- ment of Fish and Wildlife, (916) 445−1829, has been designated to respond to questions on the substance of the proposed regulations. Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244−2090.
A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under
Section 265 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.
IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (
a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: (Section 362, 364, 364.1): 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.
The proposed regulations adjust tag quotas for existing hunts and establish a new hunt zone to provide additional public recreational opportunity and could result in minor increases in hunting days and hunter spending on equipment, fuel, food, and accommodations.
Given that the proposed regulation may introduce, at the most, a small increase in the overall number of tags available and the area over which they are distributed, the proposed regulations are anticipated to be economically neutral to slightly beneficial for business. (Section 708.6): 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. The proposed action expands the list of authorized firefighters able to perform a service for the public. (
b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 68 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 Commission anticipates no to minor positive impacts on the creation or elimination of jobs within the state, and no impact on the creation of new business, the elimination of existing businesses or the expansion of businesses in California as minor variations in hunting regulations are, by themselves, unlikely to provide a substantial enough economic stimulus to the state.
The Commission anticipates benefits to the health and welfare of California residents. Hunting provides opportunities for multigenerational family activities and promotes respect for California’s environment by the future stewards of the State’s resources. The proposed action will not provide benefits to worker safety. The Commission anticipates benefits to the State’s environment in the sustainable management of natural resources. (
c) Cost Impacts on a Representative Private Person or Business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (
d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (
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 are 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 It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).
CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 22. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Title 22, Division 7,
Chapter 10: Health Facility Data Sections 97005, 97018, 97019, 97040, 97040.1, 97041, 97041.1, 97043, and 97051 The Office of Statewide Health Planning and Devel- opment proposes to adopt the proposed regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. Pursuant to the Health Data and Advisory Council Consolidation Act (the Data Act), Health and Safety Code §128675−128810, the Office of Statewide Health Planning and Development (OSHPD) has established uniform systems of accounting for all California health facilities licensed pursuant to
Chapter 2 of Division 2 of the Health and Safety Code. Pursuant to Health and Safety Code (HSC)
Section 128735, hospitals and long−term care (LTC) facilities are required to file an- nual financial disclosure reports with the Office of Statewide Health Planning and Development (OSHPD). The reports are known as the Hospital Dis- closure Report and the LTC Integrated Disclosure and Medi−Cal Cost Report. Under HSC
Section 128740, hospitals must also file Hospital Quarterly Financial and Utilization Reports with OSHPD. Health facilities, except congregate living health facilities, are required to file disclosure reports by electronic media as deter- mined by OSHPD. OSHPD has operated these pro- grams for many years. OSHPD is proposing regulatory amendments to require California licensed hospitals and long−term care facilities to use OSHPD’s on−line, web−based System for Integrated Electronic Reporting and Auditing (SIERA) for filing the above−referenced reports. OSHPD’s Accounting and Reporting Manual for California Hospitals, Second Edition (Hospital
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 69 Manual), and Accounting and Reporting Manual for California Long−term Care Facilities, Second Edition (LTC Manual) are being amended, to reflect the new fil- ing requirements and to make other updates, and the specifications for software used to prepare the annual reports are also being updated. I. PUBLIC HEARING OSHPD has not scheduled a public hearing on this proposed action.
However, OSHPD will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized represen- tative, no later than 15 days before the close of the writ- ten comment period. II. WRITTEN PUBLIC COMMENT PERIOD AND CONTACT PERSON Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action. All comments must be re- ceived by OSHPD by 5:00 p.m. on February 27, 2019.
Inquiries and written comments regarding the pro- posed action should be addressed to the primary contact person named below. Comments delivered by email are suggested. Comments may also be faxed, hand deliv- ered, or mailed.
Starla Ledbetter, Chief Data Officer Information Services Division Fax: (916) 322−1442 Tel: (916) 326−3984 Email: starla.ledbetter@oshpd.ca.gov Mailing address: 2020 West El Camino Avenue, Suite 1100 Sacramento, CA 95833−1880 Inquiries and comments may also be directed to the backup contact person at the same mailing address: Tim Pasco, Auditor Information Services Division Office of Statewide Health Planning and Development Fax: (916) 322−1442 Tel: (916) 326−3838 Email: tim.pasco@oshpd.ca.gov Comments should include the author’s name, U.S.
Postal Service address, and email address, if applicable, for OSHPD to provide copies of any notices for pro- posed changes to the regulation text on which addition- al comments may be solicited. III. AUTHORITY AND REFERENCE Authority: California Health and Safety Code, Sec- tion 128810. Reference: California Health and Safety Code, Sec- tions 128680, 128730, 128735, 128740, 128755, 128760, 128770, and 128755. California Welfare and Institutions Code,
Section 14107.4. IV . INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A.
Summary of Existing Law Pursuant to the Health Data and Advisory Council Consolidation Act (the Data Act), Health and Safety Code §128675−128810, the Office of Statewide Health Planning and Development (OSHPD) has established uniform systems of accounting for all California health facilities licensed pursuant to
Chapter 2 of Division 2 of the Health and Safety Code. Pursuant to Health and Safety Code (HSC)
Section 128735, hospitals and long−term care (LTC) facilities are required to file annual financial disclosure reports with the Office of Statewide Health Planning and De- velopment (OSHPD). The reports are known as the Hospital Disclosure Report and the LTC Integrated Dis- closure and Medi−Cal Cost Report. For long−term care facilities, the annual financial disclosure reports also serve as their Medi−Cal Cost Reports, pursuant to HSC
Section 128730. Under HSC
Section 128740, hospitals must also file Hospital Quarterly Financial and Utiliza- tion Reports with OSHPD. Health facilities, except congregate living health fa- cilities, are required to file annual disclosure reports by electronic media as determined by OSHPD, pursuant the HSC 128755. Current regulations instruct health fa- cilities to file their annual disclosure reports with OSHPD either on PC diskettes submitted through the U.S. mail, or as email attachments.
Additionally, cur- rent regulations instruct hospitals to file their quarterly financial and utilization reports using OSHPD’s Inter- net Hospital Quarterly Reporting System (IHQRS). OSHPD’s Accounting and Reporting Manual for California Hospitals, Second Edition (Hospital Manu- al), and Accounting and Reporting Manual for Califor- nia Long−term Care Facilities, Second Edition (LTC Manual) are incorporated by reference in current regu- lation. The Manuals establish the accounting systems health facilities must use and detail methods for prepar- ing and filing required reports.
Existing law allows health facilities to request exten- sions of report due dates from OSHPD, and current reg- ulations specify a process for submitting such requests. Existing law allows health facilities to request modifi- cations to the reporting requirements.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 70 B. Policy Statement Overview/Specific Benefits of the Proposed Regulations Current regulations mandate an outdated method for California licensed hospitals and long−term care facili- ties to use in filing statutorily required reports. OSHPD needs to amend the regulations to adopt a report−filing process consistent with current technology.
These pro- posed regulations would require California−licensed hospitals and long−term care facilities to use OSHPD’s secure online System for Integrated Electronic Report- ing and Auditing (SIERA) to file annual financial dis- closure reports, and for hospitals to prepare and file quarterly financial and utilization reports. Facilities will be required to use SIERA to request extensions of report due dates, and to submit report revisions.
The proposed regulations update the Accounting and Reporting Manual for California Hospitals, Second Edition (Hospital Manual), and the Accounting and Re- porting Manual for California Long−term Care Facili- ties, Second Edition (LTC Manual), which are incorpo- rated by reference, to reflect the new report filing re- quirements. The Hospital and LTC Manuals will also be updated and reorganized in several other ways — by deleting text that duplicates California Code of Regula- tions (CCR) language, moving some text to CCR sec- tions, and deleting some unnecessary non−regulatory information.
These proposed changes streamline and enhance the usability of the Hospital and LTC Manuals. Additionally, these proposed regulations update OSHPD’s contact information and make several minor or non−substantive changes not listed above. Updating the reporting processes to require use of more current technology will benefit the reporting enti- ties, OSHPD, and the public generally. SIERA provides more efficient report−filing processes, in line with cur- rent business practices.
OSHPD has offered health fa- cilities the opportunity to use the SIERA online report- ing process on a voluntary, test basis and has seen an ex- tremely high participation rate. Industry preference is to use a secure online transmission system for filing re- ports. Implementation of the SIERA system makes sub- mitting data less time consuming, makes OSHPD’s in- ternal report processing and data review processes more efficient, and will support making important healthcare data available to the public on a more timely basis. C.
Determination of Inconsistency/Incompatibility with Existing Law As required by Government Code
Section 11346.5(a)(3)(D), OSHPD evaluated the language con- tained in the proposed regulation and determined these proposed regulations are not inconsistent with or in- compatible with existing state regulations. OSHPD also determined there are no comparable federal regulations or statutes. D.
Documents Incorporated by Reference The proposed rulemaking includes changes to the currently incorporated versions of the Accounting and Reporting Manual for California Hospitals, Second Edition, and the Accounting and Reporting Manual for California Long−term Care Facilities, Second Edition, and incorporates by reference the Accounting and Re- porting Manual for California Hospitals, Second Edi- tion, amended [date to be completed by OAL as the ap- plicable quarterly effective date pursuant to Govern- ment Code
Section 11343.4(a)]; and the Accounting and Reporting Manual for California Long−term Care Facilities, Second Edition, amended [date to be com- pleted by OAL as the applicable quarterly effective date pursuant to Government Code
Section 11343.4(a)]. In addition, proposed amendments to Title 22, CCR,
Section 97041 incorporate by reference the following updated software specifications for preparing annual disclosure reports: 1. “Instructions and Specifications for Developing Approved Software to Prepare the California Hospital Annual Disclosure Report,” published by OSHPD June 2018. 2. “Instructions and Specifications for Developing Approved Software to Prepare the California Long−term Care Facility Integrated Disclosure & Medi−Cal Cost Report,” published by OSHPD December 2017. V . DISCLOSURES REGARDING THE PROPOSED ACTION OSHPD has made the following initial determinations: A.
Mandate on local agencies and school districts: None. B. Cost or savings to any state agency: OSHPD estimates it will incur minor, absorbable costs; no costs are anticipated to any other state agencies. C. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. D. Other nondiscretionary cost or savings imposed on local agencies: None. E. Cost or savings in federal funding to the state: None. F.
Cost impact on a representative person or business: There is no cost impact to 1,529 health facilities because these facilities either already voluntarily use SIERA, or they are exempt from electronic reporting requirements. There are 107 health facilities, including some small businesses, that do not use SIERA and may incur minor,
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 71 one−time administrative costs of $50 per facility to learn how to use SIERA. Those 107 health facilities may also have ongoing annual savings of $3 per report from no longer mailing reports to OSHPD. G. Statewide adverse economic impact directly affecting business and individuals: OSHPD has made an initial determination that the regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in other states. H.
Significant effect on housing costs: None. I. Effect on small business: OSHPD determined that 14 health facilities match the small business definition stated in Government Code
Section 11342.610. These health facilities could potentially be affected by OSHPD’s proposed electronic reporting regulations. J. Business Reporting Requirement: OSHPD determined it is necessary for the welfare of the people of the state that this regulation, which requires a report, apply to business. VI.
STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ANALYSIS (EIA) These changes are anticipated to be beneficial to the reporting facilities — while there may be minor initial implementation costs, using the SIERA system for re- porting, requesting extensions, and making corrections will be more efficient and less burdensome. The indus- try has indicated its support for use of the SIERA sys- tem by widespread early adoption when the system was made available on a voluntary, test basis.
OSHPD prepared an Economic Impact Analysis in the Initial Statement of Reasons and concludes that: A. this regulatory action will not create jobs within the state; B. this regulatory action will not eliminate jobs within the state; C. this regulatory action will not create new businesses; D. this regulatory action will not eliminate existing businesses; E. this regulatory action will not affect the expansion of businesses currently doing business in the state; and F. the benefits to the public are that greater efficiency and streamlined reporting processes for health facilities have a positive impact on the healthcare environment, and that streamlined reporting processing systems allow OSHPD to make important healthcare data available to the public more quickly.
VII. REASONABLE ALTERNATIVES OSHPD must determine that no reasonable alterna- tive considered or that has otherwise been identified and brought to the attention of OSHPD would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. VIII.
A V AILABILITY OF EXPRESS TERMS, INITIAL STATEMENT OF REASONS, AND INFORMATION UPON WHICH PROPOSED RULEMAKING IS BASED OSHPD will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the address given for the contact persons.
As of the date this notice is published in the Notice Register, the rulemaking file consists of this no- tice, the text of the proposed changes to the regulations including the proposed changes to the Hospital and Long−Term Care Manuals incorporated by reference, the initial statement of reasons, an economic impact analysis contained in the initial statement of reasons, and information upon which the proposed rulemaking is based, including the OSHPD study, Review of Finan- cial Report Submission Methods.
In addition, the rule- making file includes the software specifications incor- porated by reference: A. “Instructions and Specifications for Developing Approved Software to Prepare the California Hospital Annual Disclosure Report,” published by OSHPD June 2018. B. “Instructions and Specifications for Developing Approved Software to Prepare the California Long−term Care Facility Integrated Disclosure & Medi−Cal Cost Report,” published by OSHPD December 2017. IX.
A V AILABILITY OF SUBSTANTIAL CHANGES TO ORIGINAL PROPOSAL After considering all timely and relevant comments received, OSHPD may adopt the proposed regulations substantially as described in this notice. If OSHPD 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
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 72 public for at least 15 days before OSHPD adopts the regulations as revised. Please send requests for copies of the modified text to the listed contact person. The modified text will also be available on the website at https://oshpd.ca.gov/about/ laws−regulations/. OSHPD will accept written com- ments on the modified regulations for 15 days after the date on which they are made available. X.
A V AILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons, including all the comments and responses, will be available, after its completion, through the OSHPD website at https://oshpd.ca.gov/about/laws−regulations/. The Fi- nal Statement of Reasons will also be available for re- view from the designated contact person. XI.
A V AILABILITY OF DOCUMENTS ON THE INTERNET The Notice of Proposed Action, Initial Statement of Reasons, the text of the proposed regulations in italics and strikeout, and documents incorporated by reference can be accessed through OSHPD’s website at https://oshpd.ca.gov/about/laws−regulations/.
GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR High Priority Canal and Culvert Deferred Maintenance Project 2080−2018−015−02 Sutter County The California Department of Fish and Wildlife (CDFW) received a notice on December 28, 2018 that the California Department of Water Resources (DWR) proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA).
The proposed project involves emergency deferred maintenance on 12 miles of the Sutter collecting canals and three of the associated cul- verts. Proposed activities will include, but are not limit- ed to: (1) removing sediment and associated vegetation from the collecting canals; (2) depositing excavated sediment in upland areas adjacent to the collecting canals; (3) grading the deposited sediment piles when they are dry; and (4) repairing or replacing three cul- verts along the maintained canals. The proposed project will occur in the Sutter Basin, south of the Sutter Buttes and west of Yuba City, California.
The U.S. Fish and Wildlife Service (Service) issued a federal biological opinion (Service Ref. No. 08ESMF00−2019−F−0020) in a memorandum to the U.S. Army Corps of Engineers on November 15, 2018, which considered the effects of the proposed project on state and federally threatened giant garter snake (Thamnophis gigas). Pursuant to California Fish and Game Code
section 2080.1, DWR is requesting a determination that the BO and its associated ITS are consistent with CESA for pur- poses of the proposed project. If CDFW determines the BO and its associated ITS are consistent with CESA for the proposed project, DWR will not be required to ob- tain an incidental take permit under Fish and Game Code
section 2081 subdivision (
b) for the proposed project.
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# 2018−1113−01 AIR RESOURCES BOARD Prohibitions on Certain Hydrofluorocarbons This regulatory action by Air Resources Board adopts regulations which prohibit the use of high− global warming potential refrigerants in new and retro- fit stationary refrigeration equipment and certain hy- drofluorocarbons used as blowing agents in foam end− uses, and requires manufacturers of such equipment to keep specified records.
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 73 Title 17 ADOPT: 95371, 95372, 95373, 95374, 95375, 95376, 95377 Filed 12/27/2018 Effective 12/27/2018 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2018−1114−02 AIR RESOURCES BOARD Consumer Products Regulation In this regular rulemaking action the Air Resources Board (Board) amends four sections and one document incorporated by reference to include an alternate com- pliance option for manufacturers to meet the require- ments for V olatile Organic Compound (VOC) limits for Multi−Purpose Lubricant (MPL) products and extend the effective date of the existing 10 percent by weight VOC limit to July 1, 2019.
Additionally, the Board is proposing to prohibit the use of compounds with high global warming potentials in MPL products. Title 17 AMEND: 94506, 94509, 94513, 94515 Filed 12/31/2018 Effective 01/01/2019 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2018−1203−01 AIR RESOURCES BOARD Deletion of 2014 Amendments to 13 CCR
section 2025 This change without regulatory effect filing by the Air Resources Board amends existing regulations re- garding reduction of emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants from in−use heavy−duty diesel−fueled vehicles in order to align with the decision in John R. Lawson Rock & Oil, Inc. v. State Air Resources Brd. (2018) 20 Cal.App.5th 77 issued by the Fifth District Court of Appeal.
Title 13 AMEND: 2025 Filed 12/26/2018 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2018−1116−01 BOARD OF EDUCATION English Language Proficiency Assessments for California This Certificate of Compliance by the State Board of Education makes permanent the amendment of defini- tions and requirements, as well as responsibilities and guidelines for the administration, accessibility re- sources, test security, reporting, and apportionment re- lated to the English Language Proficiency Assessments for California.
Title 5 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 Filed 12/31/2018 Effective 12/31/2018 Agency Contact: Hillary Wirick (916) 319−0644 File# 2018−1219−01 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION California Cannabis Track−and−Trace This emergency action was submitted by the Califor- nia Department of Tax and Fee Administration for fil- ing with the Secretary of State and printing in the Cali- fornia Code of Regulations.
This action specifies the in- formation that must be entered in the California Cannabis Track−and−Trace system by a distributor or cannabis retailer that is required to record commercial cannabis activity in the system. Pursuant to Govern- ment Code
section 15570.40, this action is a deemed emergency and exempt from OAL review. Pursuant to Revenue and Taxation Code
section 34013,
section 3702 is effective for two years from the date the regula- tion is filed with the Secretary of State (effective until December 27, 2020). Title 18 ADOPT: 3702 Filed 12/27/2018 Effective 12/27/2018 Agency Contact: Richard Bennion (916) 455−2130 File# 2018−1116−03 CALIFORNIA GAMBLING CONTROL COMMISSION
Section 19852 Reference Correction This action without regulatory effect by the Califor- nia Gambling Control Commission amends four sec- tions to update cross−references and revise grammar. Title 4 AMEND: 12200, 12201, 12220, 12221 Filed 01/02/2019 Agency Contact: Josh Rosenstein (916) 274−5823 File# 2018−1211−04 CALIFORNIA HIGHWAY P ATROL Explosives Routes and Stopping Places This regulatory action by the California Highway Pa- trol updates the routes for the transportation of explo- sives by commercial vehicles on highways in the Calexico−El Centro−Brawley area by removing 65.4 miles and extending 31.6 miles of currently designated
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 74 routes. Pursuant to Vehicle Code
section 31616, these amendments are effective on filing with the Secretary of State. Title 13 AMEND: 1152.7, 1152.7.1 Filed 12/26/2018 Effective 12/26/2018 Agency Contact: Tian−Ting Shih (916) 843−3400 File# 2018−1211−01 DEPARTMENT OF CORRECTIONS AND REHABILITATION Supplemental Reforms to Parole Consideration This emergency rulemaking by the Department of Corrections and Rehabilitation (Department) adopts and amends regulations to allow inmates who are incar- cerated for a term of life with the possibility of parole for nonviolent offenses to be eligible for parole consid- eration by the Board of Parole Hearings.
These changes are in response to the decision in In re Edwards (2018) 26 Cal.App. 5th 1181.
Title 15 ADOPT: 2249.30, 2449.31, 2449.32, 2449.33, 2449.34, 3495, 3496, 3497, AMEND: 2449.1, 3490, 3491 Filed 12/26/2018 Effective 01/01/2019 Agency Contact: Laura Lomonaco (916) 445−2217 File# 2018−1109−02 DEPARTMENT OF INSURANCE Average Contracted Rate Methodology In this action, the Department of Insurance imple- ments Insurance Code sections 10112.8 and 10112.82 (Assembly Bill 72, Stats. 2016, ch. 492) to establish a methodology for determining the average contracted rates for the most frequently used health care services for purposes of determining insurance payments to non- contracting health professionals who provide covered services at contracted facilities.
Title 10 ADOPT: 2238.10, 2238.11, 2238.12 Filed 12/26/2018 Effective 01/01/2019 Agency Contact: Bruce Hinze (415) 538−4392 File# 2018−1213−04 DEPARTMENT OF INSURANCE Gender Non−Discrimination in Automobile Insurance Rating This action eliminates gender as one of the sixteen optional rating factors that insurance companies may use to calculate private passenger automobile insurance rates.
Title 10 AMEND: 2632.5, 2632.11 Filed 12/31/2018 Effective 01/01/2019 Agency Contact: George Teekell (415) 538−4390 File# 2018−1218−01 DEPARTMENT OF JUSTICE Firearms: Identifying Info — Existing and New California Residents This emergency action allows new California resi- dents to apply for a serial number with the Department of Justice for any firearm that does not have a unique se- rial number or other mark of identification in accor- dance with Penal Code
section 29180, as amended by Stats. 2018, c. 780.
Title 11 AMEND: 5505, 5507, 5509, 5510, 5511, 5513, 5514, 5516, 5517 Filed 12/28/2018 Effective 01/01/2019 Agency Contact: Jessie Romine (916) 227−4217 File# 2018−1221−10 DEPARTMENT OF JUSTICE Major League Sports Raffle Program The Major League Sports Raffle Program (the “Pro- gram”) authorizes a major league sports raffle at a home game conducted by an eligible organization for the pur- pose of directly supporting specified beneficial or char- itable purposes in California, or financially supporting another private, nonprofit, eligible organization that performs those purposes.
This emergency rulemaking by the Department of Justice (1) increases the non− refundable annual registration fee an eligible organiza- tion must pay to participate in the Program; (2) increas- es the annual registration fee a person affiliated with an eligible organization must pay in order to conduct the manual draw; and (3) increases the non−refundable an- nual registration fee a manufacturer or distributor of raffle−related products must pay prior to selling, rent- ing, or distributing raffle−related products.
Title 11 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2107 Filed 12/31/2018 Effective 12/31/2018 Agency Contact: Susanne George (916) 830−9032
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 75 File# 2018−1116−02 DEPARTMENT OF SOCIAL SERVICES Emergency Intervention and Community Crisis Homes
Section Renumbering This filing of changes without regulatory effect by the California Department of Social Services renum- bers and reorganizes sections. The changes also include minor punctuation corrections and updates to cross− references.
Title 22, MPP ADOPT: 85175, 85318, 85320, 85340, 85342, 85364, 85368.1, 85368.4, 85370, 85387, 85390, 85102, 85161, 85168, 85168.3, 85169 AMEND: 85000, 85068.2, 85375, 85100, 85101, 85118, 85120, 85122, 85140, 85142, 85164, 85165, 85168.1, 85168.2, 85168.4, 85170, 85187, 85190, 85300, 85301, 85302, 85322, 85361, 85365, 85368, 85368.2, 85368.3, 85369 Filed 01/02/2019 Agency Contact: Oliver Chu (916) 657−3588 File# 2018−1221−07 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Determining the Initial Penalty for Each Violation This is an emergency readoption of an increase in the minimum−to−maximum initial penalty amount ranges for violations of laws related to hazardous waste control and disposal.
Title 22 AMEND: 66272.62 Filed 12/31/2018 Effective 01/03/2019 Agency Contact: Shawn Cox (916) 322−7527 File# 2018−1207−01 DIVISION OF WORKERS’ COMPENSATION Workers’ Compensation — Official Medical Fee
Schedule — Physician This action by the Division of Workers’ Compensa- tion within the Department of Industrial Relations amends the Official Medical Fee
Schedule for Physi- cians located within
section 9789.19 in title 8 of the Cal- ifornia Code of Regulations. This action was submitted to OAL for filing and printing only pursuant to Labor Code
section 5307.1, subdivision (g)(2). Title 8 AMEND: 9789.19 Filed 12/26/2018 Effective 01/01/2019 Agency Contact: Jarvia Shu (510) 286−0646 File# 2018−1224−01 FISH AND GAME COMMISSION Groundfish This regulatory action by the Fish and Game Com- mission amends the annual catch limits and recreational fishing regulations for federally managed groundfish species. Aligning with federal regulations, the changes modify recreational season lengths, depth restrictions, and bag limits for federally managed groundfish and state−managed species that associate with federal groundfish.
There are also modifications to Total Al- lowable Catch levels as well as increases to commercial trip limits for cabezon and greenling. Title 14 AMEND: 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10, 150.16 Filed 01/02/2019 Effective 01/02/2019 Agency Contact: Sheri Tiemann (916) 654−9872 File# 2018−1113−03 NATURAL RESOURCES AGENCY Implementation of the CEQA This action amends and updates the Guidelines Im- plementing the California Environmental Quality Act (CEQA Guidelines) to address legislative changes and judicial decisions issued since the last update.
Title 14 ADOPT: 15064.3, 15234 AMEND: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, Appendix G, Appendix M, Appendix N Filed 12/28/2018 Effective 12/28/2018 Agency Contact: Christopher Calfee (916) 653−0569 File# 2018−1113−02 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Known to the State to Cause Cancer or Re- productive T oxicity This request by the Office of Environmental Health Hazard Assessment for filing with the Secretary of State and printing in the California Code of Regulations adds “Gentian violet (Crystal violet)” and “N−Nitroso- hexamethyleneimine” to the list of chemicals known to the state to cause cancer and renames the cancer listing of “Ethanol in Alcoholic beverages” to “Alcoholic bev- erages,” and relocates “Alcoholic beverages” to appear above the listing of “Alcoholic beverages, when associ-
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 76 ated with alcohol abuse.” This action also adds “Nickel (soluble compounds)” to the list of chemicals known to the state to cause reproductive toxicity. This action is exempt from the Administrative Procedure Act pur- suant to Health and Safety Code
section 25249.8. Title 27 AMEND: 27001 Filed 12/27/2018 Effective 11/23/2018 Agency Contact: Julian Leichty (916) 323−2395 File# 2018−1207−06 OFFICE OF TAX APPEALS Appeals from Action Taken By FTB and CDTFA The Office of Administrative Law grants the Office of Tax Appeals’ request, on the basis of Government Code
section 15679(b), for filing with the Secretary of State and printing in the California Code of Regulations its procedural rules for hearing disputed tax and fee matters pursuant to Government Code
section 11343.8.
Title 18 ADOPT: 30000, 30101, 30102, 30103, 30104, 30105, 30106, 30201, 30202, 30203, 30204, 30205, 30206, 30207, 30208, 30209, 30210, 30211, 30200.5, 30212, 30213, 30213.5, 30214, 30214.5, 30215, 30216, 30217, 30218, 30219, 30220, 30221, 30222, 30223, 30224, 30301, 30302, 30303, 30304, 30310, 30311, 30312, 30313, 30314, 30315, 30316, 30401, 30402, 30403, 30404, 30405, 30410, 30411, 30412, 30420, 30421, 30430, 30431, 30432, 30433, 30501, 30502, 30503, 30504, 30505, 30601, 30602, 30603, 30604, 30605, 30606, 30607, 30701, 30702, 30703, 30704, 30705, 30706, 30707 Filed 01/02/2019 Effective 01/03/2019 Agency Contact: Myriam Bouaziz (916) 926−3918 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN August 1, 2018 TO January 2, 2019 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last.
For fur- ther information on a particular file, contact the person listed in the
Summary of Regulatory Actions
section of the Notice Register published on the first Friday more than nine days after the date filed.
Title 2 12/18/18 AMEND: 1859.76 12/14/18 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 12/12/18 AMEND: 2970 12/12/18 AMEND: 18545, 18700, 18730, 18940.2 12/05/18 REPEAL: 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445 12/04/18 AMEND: 1897 11/29/18 ADOPT: 1896.83, 1896.85 AMEND: 1896.60, 1896.61, 1896.62, 1896.70, 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.81, 1896.82, 1896.84, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97 11/27/18 AMEND: 1897 11/08/18 ADOPT: 1896.13 AMEND: 1896.4, 1896.12, 1896.17 10/29/18 AMEND: 1896.99.100, 1896.99.120 10/22/18 ADOPT: 18215.4 10/11/18 AMEND: 1859.51(e) 09/27/18 AMEND: 43000, 43001, 43002, 43003, 43004, 43005, 43006, 43007, 43008, 43009 09/26/18 AMEND: 1859.2, 1859.51(j), 1859.70, 1859.82, 1859.93.1 09/26/18 AMEND: 59760 09/24/18 AMEND: 18700.2 09/20/18 AMEND: 559.885 09/20/18 ADOPT: 211.2 AMEND: 211 09/13/18 ADOPT: 21902, 21903.6 AMEND: 21902 (renumbered to 21901), 21903, 21904, 21905, 21905.5 09/11/18 AMEND: 1859.77.3 08/02/18 ADOPT: 59830 08/01/18 AMEND: 58200 Title 3 12/18/18 ADOPT: 4921 11/29/18 AMEND: 3899 11/06/18 AMEND: 3435(b) 10/08/18 AMEND: 3591.12 10/02/18 AMEND: 3591.12 09/13/18 AMEND: 6502 09/12/18 AMEND: 3591.13 09/12/18 AMEND: 3591.12 09/06/18 AMEND: 3601 08/22/18 AMEND: 3591.2
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 77 08/16/18 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015 08/10/18 AMEND: 1380.19, 1430.10, 1430.12, 1430.13, 1430.50, 1430.51, 1430.53 08/02/18 AMEND: 3591.2 Title 4 01/02/19 AMEND: 12200, 12201, 12220, 12221 12/17/18 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 12/12/18 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 11/26/18 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 11/26/18 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420, 7421, 7422, 7423, 7424, 7425, 7426, 7427, 7428, 7429 11/20/18 AMEND: 1632 11/20/18 AMEND: 1843.3 11/20/18 AMEND: 8078.3, 8078.15 11/19/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 11/02/18 AMEND: 8078.8, 8078.10 10/31/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 10/18/18 AMEND: 1843.2 10/18/18 AMEND: 10170.2, 10170.3, 10170.4, 10170.5, 10170.6, 10170.7, 10170.8, 10170.9, 10170.10, 10170.14 09/26/18 AMEND: 12205.1 09/21/18 ADOPT: 5700, 5710, 5711, 5720, 5721, 5722, 5730, 5731 AMEND: 5000, 5020, 5033, 5035, 5037, 5054, 5060, 5100, 5101, 5102, 5120, 5144, 5170, 5191, 5212, 5230, 5240, 5250, 5540 REPEAL: 5259 09/18/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 09/17/18 AMEND: 10091.1, 10091.2, 10091.3, 10091.4, 10091.5, 10091.6, 10091.7, 10091.8, 10091.9, 10091.10, 10091.11, 10091.12, 10091.13, 10091.14, 10091.15 08/22/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 Title 5 12/31/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 12/05/18 AMEND: 19810 10/22/18 ADOPT: 20236 AMEND: 20101, 20105, 20107, 20116, 20118, 20122, 20123, 20124, 20125, 20127, 20130, 20134, 20135, 20136, 20140, 20180, 20185, 20190, 20203, 20205, 20235 REPEAL: 20119, 20158, 20125, 20216, 20217, 20251, 20251, 20255, 20251, 20260, 20265 10/17/18 AMEND: 18600 08/03/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 Title 8 12/26/18 AMEND: 9789.19 11/26/18 AMEND: 9789.25 11/15/18 AMEND: 344, 344.1, 344.2 11/06/18 ADOPT: 9789.19.1 AMEND: 9789.12.1, 9789.12.2, 9789.12.6, 9789.12.8, 9789.12.12, 9789.12.13, 9789.13.2, 9789.16.1, 9789.16.7, 9789.18.1, 9789.18.2, 9789.18.3, 9789.18.11, 9789.19 11/01/18 AMEND: 14300.35, 14300.41 10/30/18 ADOPT: 9792.24.5 AMEND: 9792.22 10/10/18 AMEND: 344.18 10/08/18 ADOPT: 13850, 13851, 13853, 13855, 13856, 13857, 13858, 13859, 13860, 13861, 13862, 13863, 13864, 13865, 13866, 13867, 13868, 13870, 13871, 13872, 13873, 13874 Title 9 10/04/18 AMEND: 4350 08/20/18 ADOPT: 4020, 4020.1 Title 10 12/31/18 AMEND: 2632.5, 2632.11 12/26/18 ADOPT: 2238.10, 2238.11, 2238.12 11/29/18 ADOPT: 2509.80, 2509.81, 2509.82 11/27/18 AMEND: 3704 11/20/18 AMEND: 8000, 8030 11/19/18 ADOPT: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 09/25/18 AMEND: 2498.4.9 09/25/18 AMEND: 2498.5 09/25/18 AMEND: 2498.6 09/24/18 ADOPT: 6408, 6410, 6450, 6452, 6454, 6470, 6472, 6474, 6476, 6478, 6480, 6482, 6484, 6486, 6490, 6492, 6494, 6496, 6498, 6500, 6502, 6504, 6506, 6508, 6510, 6600, 6602, 6604, 6606,
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 78 6608, 6610, 6612, 6614, 6616, 6618, 6620, 6622 09/17/18 ADOPT: 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6536, 6538 08/31/18 ADOPT: 2218.80, 2218.81, 2218.82, 2218.83 Title 11 12/31/18 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2107 12/28/18 AMEND: 5505, 5507, 5509, 5510, 5511, 5513, 5514, 5516, 5517 10/24/18 AMEND: 1953, 1955 09/26/18 AMEND: 44.2 08/23/18 AMEND: 1004, 1005, 1081 08/15/18 AMEND: 1005, 1015 08/02/18 AMEND: 4002 Title 12 11/07/18 AMEND: 505.2 09/27/18 AMEND: 500 (renumbered to 501), 501 (renumbered to 505), 501.1 (renumbered to 501.3), 501.2 (renumbered to 505.2), 501.3 (renumbered to 505.1), 501.4 (renumbered to 505.11), 502 (renumbered to 505.3), 502.1 (renumbered to 505.6), 502.2 (renumbered to 505.12), 502.3 (renumbered to 505.4), 503 (renumbered to 501.2), 503.1 (renumbered to 505.7), 504 (renumbered to 505.8), 504.1 (renumbered to 505.9), 505 (renumbered to 510.1), 506 (renumbered to 500), 507 (renumbered to 510.9), 508 (renumbered to 510.10), 509 (renumbered to 520.2) 09/25/18 AMEND: 600 Title 13 12/26/18 AMEND: 2025 12/26/18 AMEND: 1152.7, 1152.7.1 12/20/18 ADOPT: 1217.2, 1263.2 12/12/18 AMEND: 1961.2, 1961.3 12/04/18 ADOPT: 425.01 11/29/18 AMEND: 17.00 11/27/18 AMEND: 1157.21 10/22/18 AMEND: 551.14, 551.24, 555.1, 584 10/18/18 AMEND: 551.12 10/10/18 AMEND: Appendix (Article 2.0) 09/24/18 AMEND: 2222 09/24/18 ADOPT: 2461.1 AMEND: 2450, 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, 2462, 2464, 93116.1, 93116.2, 93116.3, 93116.4 08/30/18 AMEND: 1213 08/30/18 AMEND: 1239 08/16/18 ADOPT: 25.23 AMEND: 25.06, 25.08, 25.09, 25.10, 25.11, 25.14, 25.15, 25.16, 25.17, 25.18, 25.19, 25.20, 25.21, 25.22 Title 14 01/02/19 AMEND: 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10, 150.16 12/28/18 ADOPT: 15064.3, 15234 AMEND: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, Appendix G, Appendix M, Appendix N 12/17/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 12/17/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 12/17/18 ADOPT: 820.02 12/17/18 ADOPT: 817.04 AMEND: 790 12/14/18 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 12/13/18 AMEND: 2975 12/10/18 ADOPT: 126.1 AMEND: 125.1, 126 [renumbered to 126.1] 11/28/18 ADOPT: 716 AMEND: 300 11/28/18 ADOPT: 42 AMEND: 43, 651, 703 11/20/18 AMEND: 699.5 11/15/18 AMEND: 632 11/15/18 AMEND: 632 11/15/18 AMEND: Subsection 120.7(
m) REPEAL: Appendix A Form DFG−120.7 (10/87) 11/13/18 AMEND: 1038, 1038.1, 1038.2 11/06/18 AMEND: 3010, 3011, 3012, 3013, 3015 11/05/18 ADOPT: 29.11 10/30/18 ADOPT: 132.6 AMEND: 132.1, 132.2, 132.3 10/30/18 AMEND: 11600 10/29/18 AMEND: 17041, 17042, 17043, 17044, 17045, 17046 10/29/18 AMEND: 1038 10/16/18 AMEND: 890 10/16/18 AMEND: 1038 10/15/18 AMEND: 895, 895.1, 912.9, 932.9, 952.9
CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 2-Z 79 09/17/18 ADOPT: 18660.44, 18660.45, 18660.46 AMEND: 18660.5, 18660.6, 18660.7, 18660.8, 18660.9, 18660.10, 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19, 18660.20, 18660.21, 18660.22, 18660.24, 18660.25, 18660.30, 18660.31, 18660.32, 18660.33, 18660.35, 18660.36, 18660.37, 18660.39, 18660.41 REPEAL: 18660.23 09/06/18 AMEND: 1104.1 08/13/18 AMEND: 7.50 08/09/18 AMEND: 13055 Title 15 12/26/18 ADOPT: 2249.30, 2449.31, 2449.32, 2449.33, 2449.34, 3495, 3496, 3497 AMEND: 2449.1, 3490, 3491 11/14/18 ADOPT: 1350.5, 1352.5, 1354.5, 1358.5, 1408.5, 1418, 1437.5 AMEND: 1302, 1303, 1304, 1321, 1322, 1324, 1325, 1327, 1328, 1329, 1341, 1343, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1370, 1371, 1372, 1373, 1374, 1376, 1377, 1390, 1391, 1400, 1401, 1402, 1403, 1404, 1406, 1407, 1408, 1412, 1413, 1415, 1416, 1417, 1430, 1431, 1432, 1433, 1434, 1436, 1437, 1438, 1439, 1452, 1453, 1454, 1460, 1461, 1462, 1464, 1465, 1467, 1480, 1482, 1483, 1484, 1485, 1487, 1500, 1510, 1511 REPEAL 1378 11/13/18 ADOPT: 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215 AMEND: 8000, 8004.3, 8106, 8106.1 amended and renumbered as 8207, 8106.2 amended and renumbered as 8106, 8198 amended and renumbered as 8298, 8199 amended and renumbered as 8299 11/01/18 ADOPT: 3999.25 10/30/18 ADOPT: 3329.5 10/29/18 REPEAL: 3999.20 10/22/18 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 10/17/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 10/08/18 AMEND: 3352.2, 3352.3, 3354, 3355.1 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 09/13/18 AMEND: 1006, 1029, 1041, 1050, 1069, 1206 08/20/18 AMEND: 3294.5 08/13/18 AMEND: 3000, 3190, 3213 08/06/18 ADOPT: 3999.98, 3999.99, 3999.320 AMEND: 3355, 3087 renumbered as 3999.225, 3087.1 renumbered as 3999.226, 3087.2 renumbered as 3999.227, 3087.3 renumbered as 3999.228, 3087.4 renumbered as 399