California Regulatory Notice Register — Register 2024, No. 20-Z (MAY 17, 2024)
Cal. Reg. Notice Reg. 2024, No. 20
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 20–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 17, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. CIVIL RIGHTS DEPARTMENT Automated–Decision Systems — Notice File Number Z2024–0507–26 ...................................... 559 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Queensland Fruit Fly — Notice File Number Z2024–0506–01 ............................................ 561 TITLE 11.
COMMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training Specifications for the Public Safety Dispatchers’ Basic Course — Notice File Number Z2024–0506–09 ................................................................................. 564 TITLE 20. ENERGY COMMISSION Power Source Disclosure Program — Notice File Number Z2024–0507–25 .................................. 567 TITLE 24. BUILDING STANDARDS COMMISSION/CALIFORNIA ENERGY COMMISSION Triennial
(2025) Update to the California Green Building Standards Code — Notice File Number Z2024–0506–03 ................................................................................. 572 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2025 California Green Building Standards Code, HCD 04/24 — Notice File Number Z2024–0506–04 ............ 577 TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION (OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT) 2025 California Electrical Code (OSHPD 01/23) — Notice File Number Z2024–0506–05 ...................... 582 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF STATE ARCHITECTS 2025 California Electrical Code (DSA–SS–01/23) — Notice File Number Z2024–0506–06 ...................... 585 (Continued on next page)
TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF STATE ARCHITECTS 2025 California Mechanical Code (DSA–SS 01/24) — Notice File Number Z2024–0506–07 ..................... 589 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2025 California Mechanical Code (HCD 02/24) — Notice File Number Z2024–0506–10 ....................... 592 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF STATE ARCHITECTS 2025 California Plumbing Code (DSA–SS 02/24) — Notice File Number Z2024–0506–11 ...................... 598 TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION (OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT) 2025 California Mechanical Code (OSHPD 01/24) — Notice File Number Z2024–0506–12 ..................... 601 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2025 California Plumbing Code (HCD 03/24) — Notice File Number Z2024–0507–13 ......................... 605 TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF WATER RESOURCES 2025 California Plumbing Code Standards for Recycled Water (DWR 01/24) — Notice File Number Z2024–0507–15 ................................................................................. 611 TITLE 24. BUILDING STANDARDS COMMISSION/CAL FIRE (OFFICE OF THE STATE FIRE MARSHAL) 2025 California Electrical Code (SFM 01/23) — Notice File Number Z2024–0507–16 ......................... 615 TITLE 24.
BUILDING STANDARDS COMMISSION/DIVISION OF STATE ARCHITECTS 2025 California Green Building Standards Code (DSA–SS 03/24) — Notice File Number Z2024–0507–17 ......... 621 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2025 California Electrical Code (HCD 01/23) — Notice File Number Z2024–0507–18 ......................... 625 TITLE 24. BUILDING STANDARDS COMMISSION 2025 California Green Building Standards Code (BSC 03/24) — Notice File Number Z2024–0507–19 ............ 629 TITLE 24.
BUILDING STANDARDS COMMISSION 2025 California Electrical Code (BSC 01/23) — Notice File Number Z2024–0507–20 ......................... 635 TITLE 24. BUILDING STANDARDS COMMISSION 2025 California Mechanical Code (BSC 01/24) — Notice File Number Z2024–0507–21 ........................ 638 (Continued on next page)
TITLE 24. BUILDING STANDARDS COMMISSION 2025 California Plumbing Code (BSC 02/24) — Notice File Number Z2024–0507–22 ......................... 642 TITLE 24. BUILDING STANDARDS COMMISSION/CAL FIRE (OFFICE OF THE STATE FIRE MARSHAL) 2025 California Mechanical Code (SFM 01/24) — Notice File Number Z2024–0507–23 ....................... 646 TITLE 24. BUILDING STANDARDS COMMISSION/CAL FIRE (OFFICE OF THE STATE FIRE MARSHAL) 2025 California Plumbing Code (SFM 02/24) — Notice File Number Z2024–0507–24 ......................... 652 TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION (OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT) 2025 California Plumbing Code (OSPHD 02/24) — Notice File Number Z2024–0507–14 ...................... 658 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Zaca Station to Orcutt Drainage Rehabilitation Project (05–1K510), 2080–2024–006–05, Santa Barbara ....................................................... 662 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Bogue Road Culvert Replacement Project, 2080–2024–008–002, Sutter County ................................................................................... 662 PETITION DECISION BOARD OF STATE AND COMMUNITY CORRECTIONS Regarding Petition of Robert M.
Vanleeuwen (Tafoya) Related to Law Library Services in State and Local Detention Facilities ......................................................................... 662 OAL REGULATORY DETERMINATION DEPARTMENT OF STATE HOSPITALS 2024 OAL Determination Number 1 (OAL Matter Number CTU2023–1027–01), Concerning Administrative Directive Number 738, dated July 31, 2023, Patient Visiting Guidelines, Issued by the Department of State Hospitals, Coalinga, Requested by Christian Williams ....................... 664
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 672 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 REGULATORY 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 $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 559 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CIVIL RIGHTS COUNCIL PROPOSED MODIFICATIONS TO EMPLOYMENT REGULATIONS REGARDING AUTOMATED– DECISION SYSTEMS The Civil Rights Council (Council) proposes to modify regulations implementing the employment provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), California Code of Regu- lations, Title 2, Division 4.1,
Chapter 5, Subchapter 2, after considering all comments, objections, and rec - ommendations regarding the proposed action.
PUBLIC HEARING The Council will hold a public hearing beginning at 10:00 a.m. on July 18, 2024, at the following virtual and physical locations: University of California Berkeley School of Law Law Building #7200 (2763–2719 Bancroft Way) Berkeley, CA 94704 Room 132 Members of the public may also join the hearing remotely using the following information: https://us02web.zoom.us/j/88399120355 or 1–669–900–6833 and Webinar ID: 883 9912 0355 At the hearing, any person may present statements or arguments orally or in writing relevant to the pro - posed regulatory action.
The Council requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testi - mony at or before the hearing. The meeting facilities are accessible to individu - als with disabilities. Anyone who requires an auxil - iary aid or service for effective communication, or a modification of policies or procedures to participate in the hearing, should contact Civil Rights Department’s (CRD’
s) ADA Coordinator, at 800–884–1684 (voice) or 800–700–2320 (TTY) or via email at accommoda- tions@calcivilrights.ca.gov as soon as possible or at least 72 hours before the meeting. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Council. The writ - ten comment period ends on July 18, 2024, at 5:00 p.m. The Council will consider only comments re - ceived by the end of that day.
Written comments may be mailed to: Civil Rights Department c/o Rachael Langston, Assistant Chief Counsel 555 12th Street, Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Comments may also be submitted by email to Council@calcivilrights.ca.gov Although not required, comment submission via email is strongly preferred. AUTHORITY AND REFERENCE Government Code
section 12935(
a) authorizes the Council to adopt these proposed regulations. The pro- posed regulations implement, interpret, and make spe- cific
section 12900 et seq. of the Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action clarifies, makes specific, and supplements existing state regulations interpret - ing the employment provisions of the Fair Employment and Housing Act (“FEHA”) set forth in Government Code
section 12900 et seq. As it relates to employ - ment, FEHA prohibits harassment and discrimination because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision–making, medical condi - tion, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orien - tation, or veteran or military status of any person. In compliance with the Administrative Procedure Act, the Council proposes to adopt these rules as duly noticed, vetted, and authorized regulations.
The over - all objective of the proposed regulations is to provide clarity regarding FEHA obligations and requirements as they relate to the use of automated–decision sys - tems or other selection criteria in the employment context. This action has the specific benefit of de -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 560 creasing the number of employment–related FEHA violations through providing comprehensive guidance to employees, applicants, employers and other covered entities, and employers’ agents (including third par - ties that provide or use automated–decision systems on behalf of employers or other covered entities) to help them better understand their respective rights and obligations.
By clarifying how the employment provisions of FEHA apply to automated–decision sys- tems and other selection criteria, this action will also reduce litigation costs and the burden on the courts. Ultimately, the proposed action furthers the mission of CRD by protecting Californians from employment discrimination. The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations. Currently, there are no regula - tions expressly addressing the use of automated–de - cision systems to make or assist in making hiring or other employment decisions.
After conducting a re - view for any regulations that would relate to or affect this area, the Council has concluded that these are the only regulations that concern Government Code sec - tion 12900 et seq. DISCLOSURES REGARDING THE PROPOSED ACTION The Council has made the following initial determinations: Mandate on local agencies and school districts: No additional mandate beyond that imposed by exist - ing law. Cost or savings to any state agency: No addition- al costs or savings beyond those imposed by existing law.
Cost to any local agency or school district, which must be reimbursed in accordance with Govern - ment Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings be - yond those imposed by existing law. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or businesses: No additional costs or savings beyond those imposed by existing law.
Therefore, 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. Results of the economic impact assessment/ analysis: The Council anticipates that the adoption of the regulations will not impact the creation or elimina- tion of jobs within the state, the creation of new busi - nesses or the elimination of existing businesses within the state, or the expansion of businesses currently do - ing business within the state.
To the contrary, adoption of the proposed amendments is anticipated to bene - fit California applicants, employees, employers, and agents by clarifying and streamlining the operation of the law, making it easier to understand respective rights and obligations, and reducing litigation costs. These regulations would not affect the environment.
Statewide adverse economic impact directly af - fecting businesses and individuals: The Council has made an initial determination that the proposed action will not have a significant statewide adverse econom - ic impact directly affecting businesses, including the ability of California businesses to compete with busi - nesses in other states. Significant effect on housing costs: None. Small Business Determination: T h e C o u n c i l a n- ticipates that the regulations will not create addition - al costs or savings beyond those imposed by existing regulations.
Similarly, the Council has determined that there is no impact on small businesses as a result of this proposed action because these regulations pri - marily serve to clarify existing law. Business Report: The Council has determined that the proposed regulations do not require a report to be made. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a) (13), the Council must determine that no reasonable alternative it considered or that has oth - erwise been identified and brought to the Council’s attention would be more effective in carrying out the purpose for which this action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
The Council has thus far not become aware of a bet- ter alternative and invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Rachael Langston, Assistant Chief Counsel Civil Rights Department 555 12th Street, Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Email: council@calcivilrights.ca.gov
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 561 The backup contact person for these inquiries is: Mariel Block, Senior Legislative and Regulatory Affairs Counsel Civil Rights Department 555 12th Street, Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Email: council@calcivilrights.ca.gov Please direct requests for copies of the proposed text (express terms) of the regulations, the Initial Statement of Reasons, any modified text of the proposed regula- tions, or other information upon which the rulemaking is based, should other sources be used in the future, to Rachael Langston at the above address.
AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Council will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above Oakland address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the Initial Statement of Reasons. Copies may be obtained by contacting Rachael Langston at the address, email, or phone number listed above.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time - ly and relevant comments received, the Council may adopt the proposed regulations substantially as de - scribed in this notice. If the Council makes modifi - cations that 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 Council adopts the regu - lations as revised.
Please send requests for copies of any modified regulations to the attention of Rachael Langston at the address indicated above. The Council will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available on the Council’s webpage: https:// calcivilrights.ca.gov/civilrightscouncil/. Copies also may be obtained by contacting Rachael Langston at the above address.
AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the text of the regulations, any modified texts, and the Final Statement of Reasons can be accessed through the Council’s webpage at https:// calcivilrights.ca.gov/civilrightscouncil/. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE
SECTION 3591.30 QUEENSLAND FRUIT FLY ERADICATION AREA The California Department of Food and Agriculture (Department) proposes to amend the host list in Title 3 of the California Code of Regulations (CCR) Sec - tion 3591.30 Queensland Fruit Fly Eradication Area, which provides authority to the Department to allow effective eradication and quarantine activities to pre - vent Queensland Fruit Fly ( Bactrocera tryoni ) from spreading throughout California. PUBLIC HEARING A public hearing is not scheduled.
However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email. The written comment period closes on July 1, 2024.
The Department will consider only comments received at the Department offices by that date or postmarked no later than July 1, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N St, Sacramento, CA 95814 Permits@cdfa.ca.gov (916) 403–6650 (916) 651–2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 562 absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hearing, if one is requested, or following the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend
Section 3591.30 pursuant to the authority vested by Sections 407, 5321, and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5322, 5761, 5762, 5763, and of the Food and Agricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending
Section 3591.30 Queensland Fruit Fly Eradication Area is to revise and update the known host list for Queensland Fruit Fly (QFF) to coincide with the official QFF host list pro - mulgated in March, 2024 by the United Stated Depart- ment of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS). EXISTING LAWS & REGULATIONS Existing law, FAC
Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC
Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC
Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC
Section 5321. Existing law, FAC
Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC
Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC
Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a
summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Expenditures, if any, allocated for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The amendment of the host list will help the Depart- ment to have to authority to eradicate a serious insect pest, which is a mandated, statutory goal.
This regulation is necessary to prevent the spread of QFF to un–infested areas of the state. The regulation benefits industries (nursery, fruit for domestic use and exports, packing facilities), the environment (urban landscapes), and the overall California economy by preventing the spread of QFF.
The amendment of this regulation benefits the cit - rus, stone fruits, and tomato (nursery, fruit for domes- tic use and exports, packing facilities) industries, and the environment (urban landscapes) by providing the Department an accurate host list to prevent the artifi - cial spread of the QFF over short and long distances. The California, national and international consum - ers of California citrus, stone fruits, and tomatoes benefit by having high quality produce available at lower cost. It is assumed that any increases in produc- tion costs will ultimately be passed on the consumer.
The amendment of this regulation benefits home - owners who grow their own host fruits for consump - tion and host material which is planted as ornamentals in various rural and urban landscapes. The amendment of this regulation may benefit homeowners who grow host material for consump - tion and/or ornamentals in various rural and urban landscapes. By working with an up–to–date host list the Department is more likely to prevent infestation
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 563 with QFF and thereby preventing damage to hosts, the regulation eliminates any future need for hosts to be treated to mitigate infestations of QFF. There is no existing, comparable federal regulations or statute regulating the intrastate movement of QFF. There are no known specific benefits to worker safe- ty or the health of California residents.
EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing QFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only state agency which can designate these eradica - tion areas for plant pests. As required by Government Code
Section 11346.5(a) (3) (D), the Department has conducted an evaluation of
Section 3591.30 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code
Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations
Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for pests, and thus there is no change to the cost due to these regulations. The Department has determined that no savings or increased costs to any state agency and no costs or savings in federal funding to the State will result from the amendment of
Section 3591.30. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Cost impacts on a representative private person or business: The amendment of
Section 3591.30. will pro- vide authority for the Department to conduct eradica - tion and quarantine activities against QFF and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reason - able compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.
The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Significance Adverse Impact on Business: The amendment is designed to minimize the spread of QFF in California through regulation of host material. Detection activities are currently being performed by existing CDFA staff throughout the state by trapping and identifying pests. No businesses are currently ad - versely affected by these activities.
Therefore, the De- partment has determined that this regulatory proposal will not have any significant adverse impacts on busi- nesses currently doing business in California. Small business determination: The proposed action will not affect small business because compliance activities are currently being performed by existing state staff throughout quarantine areas within the state without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The amendment of
Section 3591.30 is designed to prevent or minimize the spread of QFF. The Depart - ment has made an assessment that the amendment to this regulation would: (1) not create or eliminate jobs within California, (2) not create new business or eliminate existing businesses within California, (3) not affect the expansion of businesses currently doing business within California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) not expected to benefit workers’ safety.
Health and welfare: The proposed action will benefit the health and welfare of California residents by mak- ing is more likely that QFF would be detected before an infestation can happen, and, if there is an infesta - tion, the Department can react quickly and effectively. Speed of response is key to eradicating an incipient
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 564 pest infestation. Programmatic delays potentially can lead to pest quarantines, as well as increased produc - tion costs and potential job loss. The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that QFF would be detected before an infestation can happen. If the Department neglects to regulate the types of hosts, this pest could spread into the local environment via the surrounding non– agricultural ecosystems.
This could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds. Plants/trees with low propagule output can re - sult in major changes to plant community structure.
CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.
AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.
The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.
If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1015, 1018, AND COMMISSION PROCEDURE D–1–5 Training Specifications for the POST Public Safety Dispatchers’ Basic Course Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest.
A public hearing is not scheduled. Pursuant to Government Code (GC)
section 11346.8, any interested person, or their duly authorized repre - sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by July 1, 2024. Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Kirk Bunch, Kirk.
Bunch@post.ca.gov, or by letter to: Commission on POST Attention: Kirk Bunch 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)
section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu-
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 565 lations). This proposal is intended to interpret, imple - ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The training specifications for the POST Public Safety Dispatchers’ Basic Course were last updated in 2011.
Visits to five different presenters (Sacramen- to Police Department, South Bay Regional Training Consortium, Golden West College, Napa Valley Col - lege, and Riverside County Sheriff’s Office) of the POST Public Safety Dispatchers’ Basic Course were conducted from September 2021 to December 2021. The purpose of those visits was to compare how var - ious presenters and instructors were delivering the material to students, observe how the students were receiving the material, and to determine if any of the presenters or instructors were including updated and contemporary information in the course.
Subject matter experts (SMEs) were comprised of presenter instructors, communication training offi - cers, public safety dispatchers (to include managers, supervisors, and line level), members of the 9–1–1 State Advisory Board, members of the 9–1–1 Branch of CalOES, public safety dispatchers that have gradu - ated the Sherman Block Supervisory Leadership Insti- tute, POST Master Instructors, collegiate professors, public members including recommendations from the Racial and Identity Profiling Act Subcommittee (for - merly the Calls for Service Subcommittee), and other state agencies.
Over 40 subject matter experts partic - ipated in updating the training specifications of the POST Public Safety Dispatchers’ Basic Course. The goal was to include those who were SMEs by topic to ensure the entire training specifications were not up - dated by a small group. Workshops began in January 2022 and concluded in October 2022. The 2011 training specifications included 14 learn - ing domains that equaled 120 hours, the proposed amendments contain 19 learning domains that equal 160 hours. The proposed amendments cover updates to existing learning domains and the creation of five new learning domains.
When applicable, the corre - sponding learning domains within the Regular Basic Course (RBC) were reviewed for congruency. This rulemaking action clarifies and makes specif - ic the repeal of the existing training specifications of the POST Public Safety Dispatchers’ Basic Course curriculum which is a total of 120 hours covering 14 learning domains and adopts updated training specifi - cations that extends the POST Public Safety Dispatch- ers’ Basic Course to 160 hours covering 19 learning domains.
Currently, Commission Regulation 1015 — Reim - bursements for Training, and Commission Procedure D–1–5 — Public Safety Dispatchers’ Basic Course Terminology and Requirements refer to the length of the course. With the adoption of the new curriculum, the length of the course will change, and the regula - tions/procedures will reflect the new course length. Commission Regulation 1018 — Public Safety Dis - patch Programs will reflect the new effective date un - der the incorporation by reference section.
The proposed amendments in this rulemaking ac - tion will demonstrate POST’s renewed commitment to the POST Public Safety Dispatchers’ Program while elevating the professionalism of public safety dis - patchers in the state of California.
Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide public safety dispatchers with a more comprehensive foundational knowledge while mirroring many of the sentiments taught to their peace officer partners in the RBC and incorporate legislatively mandated content, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California.
The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state.
FORMS INCORPORATED BY REFERENCE ● Commission Procedure D–1–5 (date to be deter - mined after filing with the Secretary of State) ● Training Specifications for POST Public Safe - ty Dispatchers’ Basic Course (Revision October 2024) DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 566 Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending or repeal - ing regulations.
Additionally, the Commission’s main function to select and maintain training standards for public safety dispatchers has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.
Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing public safety dis - patchers with a more comprehensive foundational knowledge while mirroring many of the sentiments taught to their peace officer partners in the RBC and incorporate legislatively mandated content. Thus, the law enforcement standards are maintained and effec - tive in preserving peace, protection of public health, safety, and welfare in California.
There would be no impact that would affect worker safety or the state’s environment.
CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al - ternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.
CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Kirk Bunch, Bureau Chief, Com - mission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–3896. General questions regarding the regulatory process may be directed to Katelynn Poulos at (916) 227–4894.
TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.
ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.
If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 567 AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(
s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(
s) named above. TITLE 20. ENERGY COMMISSION AMEND REGULATIONS GOVERNING THE POWER SOURCE DISCLOSURE PROGRAM DOCKET NUMBER 21–OIR–01 INTRODUCTION The California Energy Commission (CEC) pro - poses to amend and reorganize Sections 1391, 1391.1, 1392, 1393, 1393.1, 1394, 1394.1 and 1394.2 of
Chapter 3,
Article 5 of Title 20 in the California Code of Reg - ulations (CCR) related to the Power Source Disclo - sure (PSD) program, after considering all comments, objections, and recommendations regarding the pro - posed regulations.
The PSD program requires retail electricity suppli - ers to disclose, through a power content label (PCL), “accurate, reliable, and simple to understand informa- tion on the sources of energy, and the associated emis- sions of greenhouse gases, that are used to provide electric services.” The PSD program also requires retail electricity suppliers to report additional data to the CEC on an annual basis. Two recent pieces of legislation modified the PSD program. Assembly Bill (AB) 242 (Holden,
Chapter 228, Statutes of 2021) es - tablished annual deadlines for retail suppliers to post and distribute their PCLs to customers. Senate Bill (SB) 1158 (Becker,
Chapter 367, Statutes of 2022) re- quires the reporting of hourly data to the CEC starting in 2028. As a result of this new legislation, the PSD program will be responsible for the reporting of power sources and greenhouse gas (GHG) emissions at both the annual and hourly levels.
Annual data will remain the basis for the PCL, while SB 1158 directs that re - tail electricity suppliers provide additional hourly data in their annual report to the CEC, in part for use by the California Public Utilities Commission (CPUC) and the governing boards of publicly owned utilities to track progress toward GHG emissions reduction targets. PUBLIC HEARING PLEASE TAKE NOTICE that the CEC staff will hold a public hearing on the proposed regulations at the CEC Business Meeting on the date and time list - ed below.
Interested persons, or their authorized rep - resentative, may present statements, arguments, or contentions relevant to the proposed regulations at the public hearing during the public comment period. Comments at the public hearing may be limited to two minutes or less. The CEC will conduct the hearing so that anyone wishing to comment has a chance to be heard. The record for this proceeding will be closed at the end of the hearing. BUSINESS MEETING PLEASE TAKE NOTICE that the CEC will hold a public hearing and consider the proposed regula - tions at a CEC Business Meeting at the date and time listed below.
Interested persons, or their authorized representative, may present statements, arguments, or contentions relevant to the proposed regulations at the Business Meeting. California Energy Commission Business Meeting August 14, 2024 10:00 a.m. (Pacific Time) California Natural Resources Building 715 P Street Sacramento, CA 95814 Attendance Instructions In–person participants may join the public hear - ing business meeting at 715 P Street in Sacramento, California. Remote participants may join via Zoom by internet or phone. ● To join via Zoom.
Click on https://energy.zoom. us/j/95443784424?pwd=OWVJL1FqTDIYeSs 0RVpFOC8vaDJ5Zz09 or login in at https://zoom. us/ and enter the Webinar ID 938–6923–0237 and passcode mtg@10am and follow all prompts. ● To join by telephone. Call toll–free at (888) 475– 4499 or toll at (669) 219–2599. When prompted, enter the Webinar ID 938–6923–0237 and pass - code mtg@10am. Zoom Closed Captioning Service. At the bottom of the screen, click the Live Transcript CC icon and choose “Show Subtitle” or “View Full Transcript” from the pop–up menu.
To stop closed captioning, close the “Live Transcript” or select “Hide Subtitle” from the pop–up menu. If joining by phone, closed
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 568 captioning is automatic and cannot be turned off. While closed captioning is available in real–time, it can include errors. An accurate transcript of the work- shop will be docketed and posted as soon as possible after the meeting concludes. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity, and Tribal Affairs assists the public with participa- tion in CEC proceedings.
To request assistance, inter- preting services, or reasonable modifications and ac - commodations, reach out via email at publicadvisor@ energy.ca.gov or by phone at (916) 957–7910 as soon as possible, but at least five days in advance. The CEC will work diligently to meet all requests based on availability. MEDIA INQUIRIES Direct media inquiries to the Media and Pub - lic Communications Office to (916) 654–4989 or mediaoffice@energy.ca.gov.
ORAL STATEMENTS AND WRITTEN COMMENT PERIOD Interested persons may present oral and written statements, arguments, or contentions regarding the proposed regulations at the public hearing, or they may submit written comments to the CEC for consid - eration on or prior to 5:00 p.m. on July 3, 2024. The CEC appreciates receiving written comments at the earliest possible date. The CEC may, but is not re - quired to, respond to comments submitted after the deadline, including those raising significant environ - mental issues.
Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address if provided in a comment) will become part of the public record of this pro - ceeding with access available via any internet search engine. The CEC encourages use of its electronic com - menting system. Visit the e–commenting page at https://efiling.energy.ca.gov/Lists/DocketLog.aspx? docketnumber=21–OIR–01, which links to the com - ment page for this docket. Enter your contact infor - mation and a comment title describing the subject of your comment(s).
Comments may be included in the “Comment Text” box or attached as a downloadable, searchable document consistent with California Code of Regulations, Title 20,
Section 1208.1. The maxi - mum file size allowed is 10 MB. Written comments may also be submitted by email. Include docket number 21–OIR–01 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket No 21–OIR–01 715 P Street, MS–4 Sacramento, CA 95814 Pursuant to California Code of Regulations, Title 20,
Section 1104(e), any person may make oral comment on any agenda item at the August 14, 2024, Business Meeting. Please consult the public agenda, which will be posted at least ten days before the August 14, Busi- ness Meeting, for instructions on how to participate. To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow the instructions provided at the end of this notice to join the subscription or visit the docket page for this proceeding for updates. STATUTORY AUTHORITY AND REFERENCE Public Resources Code sections 25213 and 25218(
e) and Public Utilities Code sections 398.5(
c) and 398.6(
c) authorize the CEC to adopt the proposed regulations. The proposed regulations would implement, inter - pret, and make specific provisions of Public Utilities Code sections 398.1–398.6. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Power Source Disclosure (PSD) program was first established by SB 1305 (Sher,
Chapter 796, Stat - utes of 1997) to provide information to California con- sumers about the mix of energy resources generated and purchased by retail suppliers to serve retail cus - tomers. The program’s intent, as described in statute, is for “entities offering electric services to disclose ac- curate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services.” 1 The CEC initially promulgated a rulemaking in 1998 to implement the PSD program codified by SB 1305, adding
Article 5 including Sections 1391–1394 to
Chapter 3 in Title 20 of the California Code of Reg- ulations. In 2016, the CEC amended the regulations to incorporate statutory changes required by AB 162 (Ruskin,
Chapter 313, Statutes of 2009) and AB 2227 (Bradford,
Chapter 606, Statutes of 2012) that mod - 1 Public Utilities Code,
section 398.1(b).
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 569 ified program rules and clarified reporting require - ments. In 2019, the CEC made further amendments to the regulations to incorporate statutory changes required by AB 1110 (Ting,
Chapter 656, Statutes of 2016) that added greenhouse gas (GHG) accounting and disclosure to the program. AB 242 revised and clarified due dates for data re - porting each year. SB 1158 established new require - ments for hourly accounting of electricity resources, to be performed in addition to existing annual ac - counting requirements. Existing regulations require retail suppliers offering an electricity portfolio for sale to retail consumers in California to report all electricity procurements each year based on an annual matching of electricity re - sources and electrical load.
Pursuant to SB 1158, these regulations would require retail suppliers to addition - ally report all procurements each year based on an hourly matching of resources and load. Existing regu- lations require retail suppliers to disclose to consum - ers the fuel mix and GHG intensity of all electricity resources directly serving retail sales.
These proposed regulations make necessary amendments to imple - ment SB 1158 and would additionally require retail suppliers to disclose to consumers the fuel mix and GHG emissions intensity of the retail supplier’s total power content, which includes electricity resources directly serving retail sales and additional electricity resources used to support retail sales such as line loss- es and retail supplier self–consumption. The proposed regulations make conforming amendments to the ac - counting methods in each retail supplier’s annual re - port pursuant to Public Utilities Code
section 398.6, as well as to the content and format of the Power Content Label previously adopted by the CEC pursuant to Pub- lic Utilities Code
section 398.4(e). Difference from existing comparable federal regulations or statute These proposed regulations do not duplicate or con- flict with any federal statute or regulations contained in the Code of Federal Regulations. Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments The objectives of this rulemaking are to update the Power Source Disclosure program regulations neces - sary to implement statutory requirements under AB 242 and SB 1158. The rulemaking also clarifies exist- ing
definitions and reporting requirements to improve the accuracy, reliability, and transparency of infor - mation retail electricity suppliers report and disclose about the sources of electricity serving customers. Finally, CEC proposes non–substantive grammatical, numbering, and organizational changes to the regula - tions for clarity and concision. Implementation of revised due dates for data re - porting under AB 242 will benefit retail suppliers that have struggled to complete verification processes in time to meet the reporting deadline.
Implementation of hourly resource accounting requirements under SB 1158 will benefit consumers by providing transparen - cy about their reliance on unspecified power (derived primarily from fossil fuels) during hours in which a retail supplier has not procured sufficient renewable or zero–GHG resources to meet its electrical demand.
Expanding disclosures on the program’s Power Content Label (PCL) to include a retail supplier’s total power content will benefit consumers by ensuring they receive a complete and simple to understand picture of all power sources and associated GHG emissions pro- vided by their retail supplier.
The amendment to move quantitative data on GHG emissions from geothermal sources from the PCL to the CEC’s Power Source Dis- closure website will benefit consumers by acknowl - edging the distinction between electricity sources with GHG emissions targeted for decarbonization un - der California’s Cap–and–Trade, such as natural gas, and those that are not, like geothermal. Instead, the proposed update to the PCL will point consumers to the Power Source Disclosure website where a more detailed analysis and discussion of renewable electric- ity resources and associated GHG emissions will be presented.
Other amendments to the regulations will benefit consumers by providing greater clarity, such as the change to note on the PCL that unspecified power is primarily derived from fossil fuels. Determination of inconsistency or incompatibility with existing state regulations The CEC has conducted a search for any other regu- lations in this area and has concluded that these are the only regulations concerning hourly retail electricity accounting and retail electricity consumer disclosure.
Therefore, the CEC has determined that the proposed regulations are neither inconsistent nor incompatible with any existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE The CEC does not propose to incorporate by refer - ence any documents. MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 570 FISCAL IMPACTS The CEC has made the following initial determinations: ● Mandate on local agencies and school districts: Yes, only on local agencies. Pursuant to Govern - ment Code
section 17556(d), the costs from this mandate would not be required to be reimbursed because the local agencies have the authority to levy service charges, fees, or assessments suf - ficient to pay for the mandated program or in - creased level of service. Public Utilities Code sections 10001, 11501, 15501, and 20500 et seq. provide revenue sources for local agencies to re - coup any costs incurred through compliance with these proposed regulations. The regulations would not impose a mandate on any school dis - trict that would require reimbursement pursuant to Government Code
section 17500 et seq. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Government Code
Section 17500 et seq.: No, pursuant to Gov- ernment Code
section 17556(d), any costs to local agencies would not be required to be reimbursed because local agencies have the authority to levy service charges, fees, or assessments sufficient to pay for the mandated program or increased level of service. Public Utilities Code sections 10001, 11501, 15501, and 20500 et seq. provide revenue sources for the local agencies to recoup any costs incurred through compliance with these pro - posed regulations. The regulations would not im- pose any costs on any school district that would require reimbursement pursuant to Government Code
section 17500 et seq. ● Cost or savings to any state agency: Yes, the CEC will incur costs associated with updating its reporting infrastructure, providing new guid - ance, and administering additional program data. These costs peak in 2029/30 at $261,907. No sav- ings to the CEC have been identified. ● Non–discretionary cost or savings imposed upon local agencies: Yes, to fulfill new hourly report - ing requirements, local agencies will incur annu - al nondiscretionary costs of $105,715 for full im- plementation in 2028/29.
Local agencies will in - cur annual savings of $11, 317 because of stream- lined data collection and reporting procedures and simplified record retention rules. ● Cost or savings in federal funding to the state: No. SIGNIFICANT EFFECT ON HOUSING COSTS None.
INITIAL DETERMINATION RE SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations will not have a significant state - wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states.
Full imple - mentation of the new hourly data reporting and au - diting requirements in 2028/29 will result in $28,719 in annual statewide cost impacts to businesses; sim - plified record retention requirements will result in $12,862 in annual statewide savings to businesses. The three large investor–owned utilities (Pacif - ic Gas & Electric, Southern California Edison, and San Diego Gas & Electric) are the only businesses required to report actual hourly data under the pro - posed regulations.
Other businesses subject to the re - porting requirement are only required to report simple proxy data based on estimates provided by the CEC The costs upon the three large investor–owned util - ities can be recovered through ratepayer fees spread across millions of customer accounts; thus, the small costs identified above represent a negligible impact to ratepayers’ monthly utility bills.
RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Based on its analysis, the CEC has concluded that the proposed regulations: (1) may create jobs within California, (2) will not eliminate jobs within Califor - nia, (3) will not create new businesses in California, (4) will not eliminate existing businesses within Cali - fornia, and (5) will not result in the expansion of busi- nesses currently doing business within the state.
BENEFIT OF THE PROPOSED REGULATIONS The proposed rulemaking will benefit the health and welfare of California residents and the state’s en - vironment by providing improved public data about the sources of retail electricity and the associated GHG emissions, including new granular analysis at the hourly level. Ensuring that consumers have in -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 571 formation that is reliable, accurate, timely, consistent, and simple to understand through an improved Power Content Label will increase consumer awareness of climate impacts about the electricity the use and could better inform customers about their choices in elec - tricity consumption. The regulations likely will not affect worker safety.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS Commencing with full implementation in 2028/29, reasonable compliance with new reporting and au - diting requirements of hourly data will result in an annual net cost of $1,515 in 2028/29 for a representa - tive privately–owned retail supplier. The three large investor–owned utilities are the only businesses re - quired to provide actual hourly data; full implemen - tation in 2028–29 for these three entities will result in an average annual net cost of $5,963. No individuals or other business types will be impacted.
BUSINESS REPORT The existing regulations require load–serving en - tities, including businesses, to report annually to the CEC. To implement AB 242 and SB 1158, the pro - posed regulations overhaul the reporting form to in - corporate hourly data, load data, and updated terms and fuel categories. To fulfill statutory obligations and ensure consumers have access to retail electric - ity information that is reliable, accurate, and simple to understand, it is necessary for the health, safety, or welfare of the people of the state that the rulemaking applies to businesses.
EFFECT ON SMALL BUSINESS The proposed regulations impact businesses in the utility or power transmission industry as reporting entities subject to the regulations. Government Code § 11342.610 defines small businesses in the utility or power transmission industry as entities that transmit fewer than 4.5 million kilowatt–hours of electricity. No reporting entity under the Power Source Disclo - sure program fits this definition. Consequently, CEC staff has concluded that the proposed regulations have no effect on small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
Section 11346.5, subdivision (a) (13), the CEC must determine that no reasonable alternative considered by the agen- cy, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the regulations are proposed, would be as effective and less burdensome to affected private persons than the proposed regula - tions, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Questions should be addressed to: Jordan Scavo, Program Lead Energy Assessments Division 916–980–7970 Jordan.Scavo@energy.ca.gov If Jordan Scavo is unavailable, you may contact Reneé Webster–Hawkins, Senior Staff Attorney, at (916) 237–2507 or renee.webster–hawkins@energy. ca.gov. COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 715 P Street, Sacramento CA 95814.
As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the express terms, the Initial Statement of Reasons and any documents relied upon. Copies may be obtained through the CEC website at Docket 21–OIR–01, https://efiling.energy.ca.gov/ Lists/DocketLog.aspx?docketnumber=21–OIR–01 or by contacting Jordan Scavo.
AVAILABILITY OF SUBSTANTIAL CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the pro - posed regulations could be changed due to public comment, staff recommendation, or recommendations from Commissioners. Moreover, changes to the pro - posed regulations not indicated in the express terms could be considered if they improve the clarity or ef - fectiveness of the regulations. If the CEC considers changes to the proposed regulations pursuant to Gov - ernment Code
Section 11346.8, a full copy of the text will be available for review at least 15 days prior to the date on which the CEC adopts or amends the resulting regulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 572 COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons once it has been prepared, by visiting the CEC website at Docket 21–OIR–01 , https://efiling.energy.ca.gov/ Lists/DocketLog.aspx?docketnumber=21–OIR–01 or contacting Jordan Scavo. AVAILABILITY OF DOCUMENTS ON THE INTERNET The CEC maintains a website to facilitate pub - lic access to documents prepared and considered as part of this rulemaking proceeding.
Documents prepared by the CEC for this rulemaking have been posted on our website at Docket 21–OIR–01, https://efiling.energy.ca.gov/Lists/DocketLog.aspx? docketnumber=21–OIR–01. INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this proceeding and receive documents and notices of upcoming workshops and hearings as they are filed please subscribe to the Pow- er Source Disclosure subscription, which can be ac - cessed here: https://www.energy.ca.gov/subscriptions.
The subscription sends out email notifications and di - rect links when documents and notices are filed in the proceeding docket. If you are unable or do not wish to sign up for the subscription but still would like to receive documents and notices by other means, please contact the contact person listed in this notice. TITLE 24. BUILDING STANDARDS COMMISSION/ENERGY COMMISSION 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PART 11 DOCKET NUMBER 24–BSTD–02 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes changes to the Building Energy Efficiency Standards contained in the Califor- nia Green Building Standards Code, California Code of Regulations (CCR), Title 24,
Part 11 (referenced herein as CALGreen;
Part 11; and Title 24,
Part 11) after considering all recommendations, comments, and objections regarding the proposed action. A de - scription of the proposed standards is provided in the Informative Digest below. The CEC has prepared this Notice of Proposed Action (NOPA) and an Initial Statement of Reasons (ISOR) regarding the need for the proposed revisions and has made available all the information upon which its proposal is based. The CEC has also published the Express Terms (45–Day Language) of the proposed amendment language.
These documents can be ob - tained from the contact persons designated below or from the or accessed through the CEC Website. PUBLIC HEARING AND ADOPTION BY COMMISSION The CEC will hold a public hearing for the purpose of hearing comments on the proposed standards at the date and time listed below. Interested persons, or their authorized representative, may present oral and writ - ten statements, arguments, or contentions relevant to the proposed standards at the public hearing.
Public Hearing and Proposed Adoption Date September 11, 2024 10:00 a.m. (Pacific Time) REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password for the workshop listed below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 ext. 2, or the Office of the Public Advisor, Energy Equity, and Tribal Affairs at publicadvisor@energy.ca.gov or by phone at (916) 957–7910.
Link: https://zoom.us/ Meeting ID: 938 6923 0237 Passcode: mtg@10am To participate by telephone dial (213) 338–8477 or 1–888–475–4499 (toll free). When prompted, enter the Webinar ID and password listed above. To com - ment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity, and Tribal Affairs provides the public assistance in participating in CEC proceedings.
For information on participation or to request interpreting services or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, by phone at (916) 957–7910. Requests for interpreting services and rea -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 573 sonable accommodations should be made at least five days in advance. The CEC will work diligently to ac - commodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Public Advisor’s office via email or phone. MEDIA INQUIRIES Direct media inquiries to the Media and Pub - lic Communications Office to (916) 654–4989 or mediaoffice@energy.ca.gov. WRITTEN PUBLIC COMMENT PERIOD The written public comment period for the 2025 Green Building Standards will be held from May 17, 2024, through July 1, 2024.
Any interested person, or their authorized representative, may submit written comments to the CEC for consideration on or prior to July 1, 2024. The CEC appreciates receiving written comments at the earliest possible date. Comments sub- mitted outside this comment period are considered un- timely. The CEC may, but is not required to, respond to untimely comments. The CEC encourages use of its electronic comment- ing system. Visit the e–commenting page on the CEC Website which links to the comment page for this docket. Enter your contact information and a comment title describing the subject of your comment(s).
Com - ments may be included in the “Comment Text” box or attached as a downloadable, searchable document consistent with California Code of Regulations, Title 20, Section, 1208.1. The maximum file size allowed is 10 MB. Written comments may also be submitted by email. Include docket number 24–BSTD–02 and “2025 CALGreen” in the subject line and email to docket@ energy.ca.gov.
A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 24–BSTD–02 715 P Street, MS–4 Sacramento, CA 95814 Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine.
To ensure you receive notice of any changes to the proposed regulatory changes in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding email subscription list or provide a valid email or mailing address with your comments. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Pursuant to Government Code
Section 11346.5(a) (18), following the written public comment period and the public hearing, the CEC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of pro- posed changes. If substantive modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15 days prior to the date on which CEC adopts, amends, or repeals the regulation(s).
The CEC will ac- cept written comments on the modified building stan - dards during the 15–day period. STATUTORY AUTHORITY AND REFERENCE The CEC proposes to adopt these regulations un - der the authority granted by Public Resources Code (PRC) Sections 25213, 25218, 25218.5, 25402, subdi- visions (a)–(b), 25402.1, 25402.4, 25402.5, 25402.8, 25910, 25942, and 25943. The CEC proposes to implement, interpret, or make specific PRC Sections 25007, 25008, 25310, 25402, subdivisions (a)–(b), 25402.1, 25402.4, 25402.5, 25910, 25942, and 25943, and Health and Safety Code Sections 18390, 18934, and 18935.
INFORMATIVE DIGEST The Warren–Alquist Act (California PRC Sections 25001 et seq.) establishes the CEC as California’s pri- mary energy policy and planning agency. PRC 25213, 25218, 25218.5, 25402, 25402.1, 25402.4, 25402.5, 25402.8, 25910, 25942, and 25943 mandate and/or au- thorize that the CEC adopt rules and regulations, as necessary, to reduce the wasteful, uneconomic, ineffi- cient or unnecessary consumption of energy and water in newly constructed buildings and certain additions and alterations to existing buildings.
One of the ways the CEC satisfies this requirement is through the California Green Building Standards Code, (CCR, Title 24,
Part 11) found in the California Building Standards Code, which are adopted pursuant to Health and Safety Code Sections 18930, 18934, and 18935 and, where applicable, the California Environ - mental Quality Act and the California PRC Sections 21000 et seq. As a part of the California Building Standards Code, CALGreen follows the same three– year update cycle.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 574 Therefore, the CEC proposes to update the volun - tary energy efficiency provisions of the California Green Building Standards Code (CCR, Title 24,
Part 11). The proposed changes for
Part 11 are amendments to example or model code language that are intend - ed as templates and examples for local jurisdictions to use in considering above–code ordinances; the pro- posed changes do not have regulatory effect as local jurisdictions are not compelled to use or follow these examples.
The CEC proposes to adopt the following amendments: ● Introduce new sections for alterations to ex - isting residential buildings and nonresidential buildings. ● Introduce new standards for altered space condi - tioning systems in existing single–family homes. ● Introduce new standards for altered pool and/or spa heating equipment in both multifamily and nonresidential existing buildings. ● Update performance compliance margins for newly constructed single–family homes. ● Introduce outdoor lighting standards for newly constructed residential buildings and residential additions. ● Update outdoor lighting standards for newly con- structed nonresidential buildings and nonresiden- tial additions. ● Remove Renewable Energy
Section from the nonresidential appendix A5. ● Rename Energy Efficient Steel Framing
section to Energy Efficient Framing. COMPARABLE FEDERAL STATUTE OR REGULATIONS The CEC has determined that there are no existing comparable federal regulations or statutes. POLICY STATEMENT OVERVIEW The changes proposed in this rulemaking are up - dates to the voluntary energy efficiency provisions of CALGreen. These voluntary guidelines, contained in Title 24,
Part 11 of the California Code of Regulations, go beyond the mandatory standards in Title 24,
Part 6 of the California Code of Regulations. Evaluation of Inconsistency or Incompatibility with Existing State Regulations The CEC has conducted an evaluation of other state regulations in this area and has determined that the proposed standards are neither inconsistent nor in - compatible with existing state regulations. The CEC is the sole state agency authorized to promulgate build - ing energy efficiency standards. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS None.
MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The CEC has determined that the proposed regula - tory action would not impose a mandate on local agen- cies or school districts. ESTIMATE OF COST OR SAVINGS An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: None. B. Cost to any local agency required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: None. C. Cost to any school district required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: None. D. Other nondiscretionary cost or savings imposed on local agencies: None. E. Cost or savings in federal funding to the state: None. Estimate: There are no estimated costs or savings associated with the proposed regulations because compliance with the CCR, Title 24,
Part 11 provisions are voluntary, not required. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations are unlikely to have a significant statewide adverse economic impact on businesses, in- cluding the ability of California businesses to compete with businesses in other states.
The proposed regulations take additional steps in meeting California’s energy resource conservation goals through updates to the voluntary energy effi - ciency provisions of the California Green Building Standards Code (CCR, Title 24,
Part 11). The proposed amendments to the voluntary provisions are unlikely to create cost impacts due to their voluntary nature.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 575 Statewide businesses may, but are not required to, comply with voluntary provisions. To the extent that actions taken by local agencies may include, modify, or not include all or part of the voluntary provisions, those actions would be subject to existing laws relating to the evaluation and disclosure of impacts of actions by those local agencies.
While local agencies may use the provisions in CALGreen as templates or examples for drafting of local ordinances, such agencies are not required to adhere to the specific language or require - ments in CALGreen. Consideration of potential future actions taken by local agencies is therefore speculative and is not included in the assessment of the effects of the proposed standards. DECLARATION OF EVIDENCE The basis for the CEC findings of no impacts is that the California Green Building Standards are volun - tary provisions.
DOCUMENTS INCORPORATED BY REFERENCE The CEC is not proposing to incorporate by refer - ence any documents. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE The proposed regulations do not impose a new re - porting requirement. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The CEC is not aware of any cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the proposed action.
The proposed regulations take additional steps in meeting California’s energy resource conservation goals through updates to the voluntary energy efficien- cy provisions of CALGreen (CCR, Title 24,
Part 11). The proposed amendments to the voluntary provisions are unlikely to create cost impacts due to their volun - tary nature. Businesses may, but are not required, to comply with voluntary provisions. To the extent that actions taken by local agencies may include, modify, or not include all or part of the voluntary provisions, those actions would be subject to existing laws relating to the evaluation and disclosure of impacts of actions by those local agencies.
While local agencies may use the provisions in CALGreen as templates or examples for drafting of local ordinances, such agencies are not required to adhere to the specific language or require - ments in CALGreen. Consideration of potential future actions taken by local agencies is therefore speculative and is not included in the assessment of the effects of the proposed standards.
ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION The CEC has assessed whether or not and to what extent this proposal will affect the following: The creation or elimination of jobs within the State of California. The proposed regulations take additional steps in meeting California’s energy resource conservation goals through updates to the voluntary energy effi - ciency provisions of the California Green Building Standards Code (CCR, Title 24,
Part 11). The pro - posed amendments to the voluntary provisions are un- likely to create or eliminate jobs due to their voluntary nature. Businesses may, but are not required to, comply with voluntary provisions. To the extent that actions taken by local agencies may include, modify, or not include all or part of the voluntary provisions, those actions would be subject to existing laws relating to the evaluation and disclosure of impacts of actions by those local agencies.
While local agencies may use the provisions in CALGreen as templates or examples for drafting of local ordinances, such agencies are not re - quired to adhere to the specific language or require - ments in CALGreen. Consideration of potential future actions taken by local agencies is therefore speculative and is not included in the assessment of the effects of the proposed standards. Therefore, the CEC has deter- mined it is unlikely any jobs will be created or elimi - nated as a result of the proposed regulation.
The creation of new businesses or the elimination of existing businesses within the State of California. The proposed regulations take additional steps in meeting California’s energy resource conservation goals through updates to the voluntary energy effi - ciency provisions of the California Green Building Standards Code (CCR, Title 24,
Part 11). The proposed amendments to the voluntary provisions are unlikely to create or eliminate businesses due to their voluntary nature. Businesses may, but are not required to, comply with voluntary provisions. To the extent that actions taken by local agencies may include, modify, or not include all or part of the voluntary provisions, those actions would be subject to existing laws relating to the evaluation and disclosure of impacts of actions by those local agencies. While local agencies may use the
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 576 provisions in CALGreen as templates or examples for drafting of local ordinances, such agencies are not re - quired to adhere to the specific language or require - ments in CALGreen. Consideration of potential future actions taken by local agencies is therefore speculative and is not included in the assessment of the effects of the proposed standards. Therefore, the CEC has deter- mined it is unlikely businesses will be eliminated or created as a result of the proposed regulation.
The expansion of businesses currently doing business within the State of California. The proposed regulations take additional steps in meeting California’s energy resource conservation goals through updates to the voluntary energy effi - ciency provisions of the California Green Building Standards Code (CCR, Title 24,
Part 11). The proposed amendments to the voluntary provisions are unlikely to result in the expansion of businesses due to their voluntary nature. Businesses may, but are not required to, comply with voluntary provisions. To the extent that actions taken by local agencies may include, modify, or not include all or part of the voluntary provisions, those actions would be subject to existing laws relating to the evaluation and disclosure of impacts of actions by those local agencies.
While local agencies may use the provisions in CALGreen as templates or examples for drafting of local ordinances, such agencies are not re - quired to adhere to the specific language or require - ments in CALGreen. Consideration of potential future actions taken by local agencies is therefore speculative and is not included in the assessment of the effects of the proposed standards.
Therefore, the CEC has deter- mined it is unlikely businesses will expand as a result of the proposed regulation The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The proposed updates to CALGreen will have no adverse effect on health, welfare, worker safety, or the environment. The updates may encourage consider - ation and adoption of local ordinances relating to ener- gy efficiency in buildings, and such ordinances, if ad - opted, may have positive impacts on health, welfare, and the environment known to result from energy effi- ciency.
However, as such impacts are speculative, they are not considered in this rulemaking. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING There are no estimated costs or savings associated with the proposed regulations because compliance with the proposed CALGreen provisions are volun - tary, not required.
CONSIDERATION OF ALTERNATIVES Since 1975, legislative enactments and state energy policies have directed the CEC to adopt cost–effective building standards to reduce wasteful, uneconomic, inefficient or unnecessary consumption of energy and thereby improve the state’s economy, energy secu - rity, and environment.
The CEC has been presented with and has considered multiple alternatives to the proposed standards; however, at this time, no rea - sonable alternatives to the proposed regulations have been proposed that would lessen any adverse impact on small businesses or that would be less burdensome and equally effective in achieving the purposes of the regulation in a manner that achieves the purposes of the statute being implemented.
The proposed regulations take additional steps in meeting California’s energy resource conservation goals by updating the voluntary energy efficiency pro- visions of the California Green Building Standards Code (CCR, Title 24,
Part 11) and directing readers to existing standards for the benefit of readers that may not be aware of or familiar with Energy Code requirements. The CEC invites interested persons to present state- ments, arguments, or data concerning alternatives to the proposed standards at the scheduled hearing or during the written comment period. AVAILABILITY OF RULEMAKING DOCUMENTS The CEC maintains a website to facilitate public ac- cess to documents prepared and considered as part of this rulemaking proceeding. Documents prepared by the CEC for this rulemaking have been posted on the CEC Website.
The CEC will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at the address below. As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the Express Terms, the Initial Statement of Reasons (ISOR), the Economic and Fiscal Impact Statement (STD. 399),
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 577 any documents relied upon, and any documents incor- porated by reference. Copies may be obtained by con- tacting Corrine Fishman at the email address below or accessed through the CEC Website. At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons (FSOR), once it has been prepared, by visiting the CEC Website or by contacting the contact person list - ed below.
CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Please direct general inquiries concerning aspects of the rulemaking process to: Corrine Fishman, MA Regulations Manager Efficiency Division corrine.fishman@energy.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/ OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: Payam Bozorgchami, PE Senior Civil Engineer Building Standards Branch payam.bozorgchami@energy.ca.gov INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this project and receive doc- uments and notices of upcoming workshops and hear- ings as they are filed, please subscribe to the Building Energy Efficiency Standards subscription list.
The subscription list sends out email notifications and direct links when documents and notices are filed in the proceeding docket. If you are unable or do not wish to sign up for the subscription list but still would like to receive documents and notices, please contact the contact person listed above in this notice. TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT NOTICE OF PROPOSED ACTION REGARDING THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PART 11 (HCD 04/24) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Cal - ifornia Department of Housing and Community De - velopment (HCD) proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), Title 24,
Part 11. HCD is proposing building standards related to the 2025 California Green Building Standards Code (CALGreen). PUBLIC COMMENT PERIOD Reference: Government Code Sections 11346.5(a) (1), 11346.5(a) (15), and 11346.5(a) (17). A public hearing has not been scheduled; howev - er, written comments will be accepted from May 17, 2024, until midnight on July 1, 2024. Comments may be submitted to CBSC via: Email: cbsc@dgs.ca.gov U.S.
Mail postmarked no later than July 1, 2024: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held.
The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time, and location of the public meeting.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 578 POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code
Section 11346.5(a) (18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly in - dicated, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15–day period.
NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code
Section 11346.5(a) (2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code
Section 18949.5. The purpose of these building stan - dards is to implement, interpret, or make specific the provisions of Health and Safety Code Sections 17040, 17042, 17921, 17928, 17958.12, 18938.3, 18941.5, 18944.19, 19984, and 19990; Government Code Sec - tions 12955, and 12955.1; and Vehicle Code 22511.2. The Department of Housing and Community De - velopment is proposing this regulatory action based on Health and Safety Code Sections 17040, 17921, 17928, 18938.3, 18941.10, 18941.11, 19984, and 19990; and Government Code Sections 12955, 12955.1 and 12955.1.1. INFORMATIVE DIGEST Reference: Government Code
Section 11346.5(a) (3).
Summary of Existing Laws Health and Safety Code, sections 17040 and 17042 respectively require HCD to adopt building standards for employee housing for “… the protection of the public health, safety, and general welfare of em- ployees and the public, governing the erection, con - struction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and mainte - nance of all employee housing;” and provide for spec- ified exceptions.
Health and Safety Code, sections 17921 and 17958.12 respectively authorize HCD to propose the adoption, amendment, or repeal of building standards by the CBSC; and authorizes the issuance of retroac - tive permits for unpermitted buildings. Health and Safety Code,
section 17928 requires HCD to review and propose green building standards that HCD determines to be cost–effective and feasible to promote greener construction. Health and Safety Code, sections 18938.3, 18941.5 and 18941.10 respectively requires HCD to propose adoption of building standards based on the most recent version of specified model codes; autho - rizes cities/counties to adopt more restrictive building standards due to local climatic, geological, or topo - graphical conditions; and authorizes HCD to propose adoption of mandatory building standards related to electric vehicle charging infrastructure. Health and Safety Code,
section 18941.11 requires HCD to research, develop and propose for adoption mandatory building standards for the installation of electric vehicle charging stations in existing multi - family dwellings, hotels and motels during specified retrofits, additions, and alterations to existing parking facilities for which a permit application is submit - ted on and after the effective date of those building standards. Health and Safety Code
section 18944.19 requires the Department of Housing and Community Develop- ment to research and develop, and propose for adop - tion, mandatory building standards for short–term and long–term bicycle parking in multifamily residential buildings, hotels, and motels. Health and Safety Code,
section 18949.5 trans - ferred authority to adopt, or review and approve build- ing standards to CBSC for specific state agencies. Health and Safety Code, sections 19990 and 19984 respectively requires HCD to adopt building standards and related regulations for factory–built housing; and for these building standards to be pub - lished in the California Building Standards Code. Government Code, sections 12955, 12955.1, and 12955.1.1, address housing discrimination by identi - fying unlawful practices; requiring specified building features providing accessibility and use by persons with disabilities; and provides
definitions for “cov - ered multifamily dwellings” and “multistory dwelling unit” for use in
interpretation of
section 12955.1. Vehicle Code,
section 22511.2 requires parking spaces served by electric vehicle supply equipment or designated as a future electric vehicle charging space to be counted as at least one standard automobile park- ing space for purposes of complying with local mini - mum parking space requirements.
Summary of Existing Regulations The 2022 California Code of Regulations (CCR), Title 24, CALGreen Code,
Part 11, became effective on January 1, 2023. Existing CALGreen building standards specifically related to the proposed changes:
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 579 ● Includes
definitions to clarify terms as used with- in the text of CALGreen. ● Includes mandatory and voluntary building standards. ● Provides a Residential Occupancies Application Checklist identifying mandatory and voluntary measures in CALGreen. HCD does not regulate the number of parking spac- es for residential developments. The required number of parking spaces are addressed and enforced through local government. However, Assembly Bill 1100 (Chapter 819, Statutes of 2019) proposed changes to the Vehicle Code to count electric vehicle charging spaces as standard parking spaces.
Summary of Effect ● New
definitions are proposed to clarify use of the terms in the mandatory and voluntary sections of the CALGreen Code. ● Amendments are proposed to clarify the use and increase Electric Vehicle (EV) charging in new and existing multifamily buildings, hotels, and motels. ● HCD is proposing to modify existing mandatory
section 4.106.4.3 to reflect the installation of EV charging stations with low power Level 2 or high- er EV chargers in existing multifamily dwellings, hotels, and motels, during certain retrofits, addi - tions, and alterations to existing parking facili - ties, as directed by Assembly Bill (AB) 1738. ● New short–term and long–term bicycle parking requirements are proposed in the mandatory sec - tions of the CALGreen code to reflect direction provided through AB 2863. ● Amendments to the Residential Occupancies Checklist are proposed in
Section A4.602 to re - flect changes proposed for mandatory and volun- tary sections of the CALGreen Code. Nonsub - stantive editorial amendments are also proposed for this section. Comparable Federal Statute or Regulations These regulations do not conflict with federal law or regulations.
Policy Statement Overview The purpose of the CALGreen Code is to improve public health, safety, and general welfare by enhanc - ing the design and construction of buildings through the use of building concepts promoting greener con - struction, that have a positive environmental impact, and encourage cost–effective sustainable construction practices in the following categories: planning and de- sign; energy efficiency; water efficiency and conser - vation; material conservation and resource efficiency; and environmental quality.
The CALGreen Code also includes standards designed to address unique Cali - fornia conditions. The proposed changes to the building standards with statewide application will lead to substantial environmental benefits through reduction in Green - house Gas (GHG) emissions and fossil fuel dependen- cy leading to improved public health, and potentially result in cost savings (avoided costs) associated with future installation of electric vehicle (EV) charging in parking spaces serving multifamily buildings, hotels and motels.
The proposed regulations, if approved, will implement building standards that will affect the following: residential occupancies and buildings or structures accessory thereto. More specifically, the proposed changes assist in implementation of the Gov- ernor’s Executive Orders B–16–2012, B–48–2018 and N–79–20. Evaluation of Consistency HCD has determined that the proposed regulations are not inconsistent or incompatible with existing state laws or regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code
Section 11346.5(a) (4). Health and Safety Code
Section 18941.10, subsec - tion Subsections (a) (2) requires HCD to propose man- datory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and submit the pro - posed mandatory building standards to the CBSC for consideration. Work associated with this statute was accomplished by HCD during the 2014 Intervening Code Adoption Cycle. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code
Section 11346.5(a) (5). HCD has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SAVINGS Reference: Government Code
Section 11346.5(a) (6). An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 580 B. Cost to any local agency required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: NO. C. Cost to any school district required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: $0. HCD believes that any additional ex - penditure resulting from this proposed action will be minimal and will be able to be absorbed within exist - ing budgets and resources. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code
Section 11346.5(a) (8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation 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, it shall make a declaration to that effect.
HCD has made an initial determination that the adoption, amendment, or repeal of these building standards will not have a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states. These building standards are likely to promote the expansion of businesses currently in - volved in EV equipment manufacturing, installations, sales, maintenance, use and technology development. Declaration of Evidence Reference: Government Code
Section 11346.5(a) (8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relied upon to sup - port its initial determination of no effect. HCD has determined that there are minimal facts, evidence, documents, testimony, or other evidence upon which the agency relied to support its initial de - termination of no effect pursuant to Government Code
Section 11346.5(a) (8). HCD has determined that these proposed amendments would increase costs to Cali - fornia business enterprises, of the total new construc - tion costs of multifamily dwellings and hotels and mo- tels with significant benefits to Californians due to a decrease in GHG emissions. The determination is based on comments received during pre–cycle activities and the cost benefit anal - ysis provided by the California Air Resources Board (CARB).
A list of pre–cycle rulemaking activities are as follows: ● Public Comment Period ○ October 25, 2023–November 8, 2023 ● HCD Focus Group and Workgroup Meetings ○ September 11, 2023 ○ October 19, 2023 ○ November 28, 2023 ○ January 11, 2024 FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE Reference: Government Code
Section 11346.5(a) (11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. HCD has assessed the proposal regarding the eco - nomic impact of recordkeeping and reporting require- ments and has determined that a report pursuant to Government Code
Section 11346.3(
c) is not required. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: Government Code
Section 11346.5(a) (9). Describe all cost impacts that a representative pri - vate person or business would necessarily incur in rea- sonable compliance with the proposed action. HCD can only estimate the total number of busi - nesses impacted for new hotel and motel buildings, which is equal to the total number of new hotel and motel buildings constructed. During the 3–year life - time of these proposed amendments, HCD estimates that 585 hotels and motels will be constructed. There- fore, approximately 585 businesses will be impacted by the proposed EV charging amendments.
The total number of developers planning new construction of multifamily housing is not available and is not includ- ed in this estimate. The types of businesses impact - ed by the EV charging proposal are any businesses funding the development of new hotels and motels, or funding work on existing facilities that would trigger the deployment of EV charging equipment and instal- lations. Additional costs may ultimately be passed on to individuals who wish to rent or purchase dwelling units in multifamily property developments or stay in hotels/motels.
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 581 ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code
Section 11346.5(a) (10). HCD has assessed whether and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. Some jobs may be created for installation, mainte - nance, and manufacturing of EV charging equipment. The elimination of jobs is unknown. B. The creation of new businesses or the elimination of existing businesses within the State of California. Some special trade construction businesses may be created. No business is expected to be eliminated. C. The expansion of businesses currently doing business within the State of California.
The proposal is likely to promote the expansion of businesses currently involved in EV equipment manu- facturing, installation, maintenance, use, and technol - ogy development. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The proposal will increase the sustainability of Cal- ifornia’s natural resources and promote public health by reducing GHG emissions. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code
Section 11346.5(a) (12). HCD estimates over the 3–year lifetime of these code provisions that a total of 133,723 new construc - tion multifamily dwelling parking spaces will have EV charging infrastructure, for a total initial construc- tion cost of $155.9 million to $298.2 million. Further, HCD estimates a statewide benefit of $637.8 million to $913.9 million, when the infrastructure is installed at the point of new construction. CONSIDERATION OF ALTERNATIVES Reference: Government Code
Section 11346.5(a) (13). HCD has determined that no reasonable alternative considered by HCD or that has otherwise been iden - tified and brought to the attention of HCD would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.
In addition, no reasonable alterna - tive considered by HCD or that has otherwise been identified and brought to the attention of HCD would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. AVAILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a) (16) and 11346.5(a) (20). All of the information upon which the proposed reg- ulations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below.
This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: dgs.ca.gov/BSC. Reference: Government Code
Section 11346.5(a) (19). Interested parties may obtain a copy of the final statement of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: dgs.ca.gov/BSC. Reference: Government Code
Section 11346.5(a) (21). HCD shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by
Section 11346.6, to accom - modate a person with a visual or other disability for which effective communication is required under state or federal law. The statement shall note that providing the accessible description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code
Section 11346.5(a) (14). General questions regarding procedural and admin - istrative issues should be addressed to: Kevin Day, Deputy Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263–0916
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 582 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive or tech- nical aspects of the proposed changes to the building standards should be addressed to: Primary Contact: Tyler Mayo, Title 24 Regulations Manager California Department of Housing and Community Development Division of Codes and Standards, State Housing Law Program (916) 776–7756 Tyler.Mayo@hcd.ca.gov Back up Contact: Mitchel Baker, Assistant Deputy Director California Department of Housing and Community Development Division of Codes and Standards (916) 214–8097 Mitchel.Baker@hcd.ca.gov TITLE 24.
BUILDING STANDARDS COMMISSION/DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION (OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT) NOTICE OF PROPOSED ACTION REGARDING THE 2025 CALIFORNIA ELECTRICAL CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,
PART 3 (OSHPD 01/23) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION (HCAI) proposes to adopt, approve, codify, and publish changes to building standards con- tained in the California Code of Regulations (CCR), Title 24,
Part 3, California Electrical Code. HCAI is proposing building standards related to the construc - tion of hospitals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treatment centers. PUBLIC COMMENT PERIOD Reference: Government Code Sections 11346.5(a) (1), 11346.5(a) (15) and 11346.5(a) (17). A public hearing has not been scheduled; howev - er, written comments will be accepted from May 17, 2024 until midnight on July 1, 2024. Comments may be submitted to CBSC via: Email: cbsc@dgs.ca.gov U.S.
Mail postmarked no later than July 1, 2024: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held.
The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code
Section 11346.5(a) (18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly in - dicated, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15–day period.
NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code
Section 11346.5(a) (2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code
Section 18949.3. The purpose of these building stan -
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 583 dards is to implement, interpret, or make specific the provisions of 1250.3, 1418.22, and 129675–130070. HCAI is proposing this regulatory action based on Health and Safety Code, Sections 1275, 18928, 18929, and 129850. INFORMATIVE DIGEST Reference: Government Code
Section 11346.5(a) (3).
Summary of Existing Laws Health and Safety Code,
Section 1250.3 provides the provisions for a Chemical dependency recovery hospital per Assembly Bill 2096 (Chapter 233, Stat - utes 2022) into regulations. Health and Safety Code,
Section 1275 authoriz - es HCAI to adopt and enforce building standards for the physical plant of health facilities including hospi - tals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treatment centers. Health and Safety Code,
Section 1418.22 requires that Skilled Nursing Facilities (SNFs) have an alter - native source of power to protect resident health and safety for no fewer than 96 hours for power outages that may result from a public safety power shutoff, an emergency, a natural disaster, or other cause. Health and Safety Code,
Section 18928 requires HCAI to adopt and reference the most recent edition of applicable model codes, national standards, or spec- ifications. The model code, national standard, or spec- ification, with amendments or proposed changes, shall be adopted within one year after the publication date. Health and Safety Code,
Section 18929 requires OSHPD to submit administrative regulations that di - rectly apply to the implementation or enforcement of building standards to the California Building Stan - dards Commission for the Commission’s approval and must be adopted pursuant to Health and Safety Code
Section 18930 and the Government Code (commenc - ing with
Section 11346). Health and Safety Code,
Section 18949.3 transfers the responsibilities of HCAI to adopt regulations relat- ing to building standards, to the California Building Standards Commission. Health and Safety Code, Sections 129675–130070 authorizes HCAI to provide plan review and construc- tion observation for hospitals, skilled nursing facili - ties and intermediate care facilities to assure that these health facilities are compliant with the California Building Standards Code. Health and Safety Code,
Section 129850 authoriz- es HCAI to propose building standards, as necessary, in order to carry out the requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act.
Summary of Existing Regulations Title 24,
Part 3, California Electrical Code (CEC) is based on the National Electrical Code with California amendments. The CEC contains regulations pertain - ing to electrical building standards.
Summary of Effect The proposed action makes editorial and technical modifications to electrical building standards. The proposed standards provide clarification and consis - tency within the code and alignment with National Fire Protection Association (NFPA) 99. HCAI proposes to repeal the 2020 National Elec - trical Code, adopt the 2023 National Electrical Code, and carry forward existing amendments from the 2022 California Electrical Code,
Part 3 of Title 24 Califor - nia Code of Regulations. Also included are regulations in accordance with new statutes in the Health and Safety Code for Assem- bly Bill 2096 (Chapter 233, Statutes of 2022) which adds the requirements for a Chemical Dependency Recovery Hospital (CDRH). Comparable Federal Statute or Regulations There are no comparable federal statutes or regula - tions related to this proposed action.
Policy Statement Overview HCAI is responsible for the development of build - ing standards for the physical plant of health facilities including hospitals, skilled nursing and intermediate care facilities, licensed clinics, and correctional treat - ment centers. The intent of this proposal is to provide editorial and minor technical modifications for clari - fication and consistency within the code; coordination with other parts of Title 24; and align the electrical code provisions with nationally recognized standards.
Evaluation of Consistency The proposed regulation is consistent and compati - ble with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code
Section 11346.5(a) (4). There are no other matters to identify. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code
Section 11346.5(a) (5). HCAI has determined that the proposed regulato - ry action WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SAVINGS Reference: Government Code
Section 11346.5(a) (6).
CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 20–Z 584 An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: NO. C. Cost to any school district required to be reim - bursed under
Part 7 (commencing with
Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: $0. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code