California Regulatory Notice Register — Register 2020, No. 18-Z (May 01, 2020)
Cal. Reg. Notice Reg. 2020, No. 18
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 18−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 1, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0421−05 ....................................... 685 Amendment Multi−County: Sacramento Area Council of Governments East Bay Municipal Utility District TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE OCal Program Regulations — Notice File Number Z2020−0421−06 ...................................... 686 TITLE 15.
DEPARTMENT OF CORRECTIONS AND REHABILITATION Work and Privilege Group C — Notice File Number Z2020−0415−01 ..................................... 689 GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Notice of Findings — Mountain Lion .............................................................. 692 FISH AND GAME COMMISSION Notice of Findings — Shasta Snow−Wreath ......................................................... 692 FISH AND GAME COMMISSION Notice of Receipt of Petition — Agassiz’ s Desert Tortoise .............................................. 693 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ...................................................... 693 (Continued on next page) Time- Dated Material
RULEMAKING PETITION DECISION DEPARTMENT OF INSURANCE Notice of Decision on Petition from the Consumer Federation of California Education Foundation (“CFC”) Concerning Petition of Hearing, Petition to Participate, and Notice of Intent to Seek Compensation ............................... 694 DIVISION OF WORKERS’ COMPENSATION Notice of Decision on Petition from Joseph V . Capurro to Amend Regulations .............................. 695
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ........................................................... 696 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Sacramento Area Council of Governments East Bay Municipal Utility District A written comment period has been established com- mencing on May 1, 2020 and closing on June 15, 2020.
Written comments should be directed to the Fair Politi- cal Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(
s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(
s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(
s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than June 15, 2020. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.
COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code
Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.
REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(
s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. 685
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE OCAL PROGRAM NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) pro- poses to adopt regulations to implement
Chapter 3, OCal Program, within Title 3 of the California Code of Regulations. With this rulemaking, the Department will propose permanent regulations after the consideration of all comments, objections, and recommendations re- garding the proposed action. The Department is issuing this notice to meet require- ments set forth in Government Code
section 11346.5. PUBLIC HEARING 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, a hearing by contacting the persons listed in this notice under Con- tact Persons. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit to the Department written com- ments relevant to the proposed regulatory action. The written comment period closes on July 7, 2020. The De- partment will only consider comments received at the Department offices by that time.
Submit comments to: Kristi Armstrong California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O. Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_OCal@cdfa.ca.gov Phone: (916) 263−0801 AUTHORITY AND REFERENCE The Department is proposing to adopt Title 3, Divi- sion 8,
Chapter 3 of the California Code of Regulations, including sections 10000−10001, 10100−10105, 10200−10210, 10300−10303, 10400−10412, 10500−10506, 10600−10603, and 10700−10713 as the OCal Program. Sections 26012, 26013, 26062, and 26062.5 of the California Business and Professions Code authorize the Department to adopt, implement, and enforce these regulations. The proposed regula- tions will implement, interpret, make specific, or refer- ence sections 26012, 26013, 26050, 26061, 26062, 26062.5, 26180, and 26181 of the California Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing Law: Senate Bill 94 (Committee on Budget and Fiscal Re- view,
Chapter 27, Statutes of 2017), also known as the Medicinal and Adult−Use Cannabis Regulation and Safety Act (MAUCRSA) requires, not later than Janu- ary 1, 2021, the Department of Food and Agriculture to establish a program for cannabis comparable to the Na- tional Organic Program (NOP) and the California Or- ganic Food and Farming Act.
Existing law requires the department to be the sole determiner of organic desig- nation and certification, unless the National Organic Program authorizes organic designation and certifica- tion for cannabis, in which case the Department’s au- thority would become inoperative and would be re- pealed on the following January 1. Existing law pro- hibits a person from representing, selling, or offering for sale any cannabis or cannabis products as organic or with the designation or certification established by the Department, except as provided in the OCal Program regulations. Assembly Bill 97 (Ting,
Chapter 40, Statutes of 2019) removed the requirement that the Department of Food and Agriculture be the sole determiner of designa- tion and certification. The bill requires the State Depart- ment of Public Health (CDPH) to establish a certifica- tion program for manufactured cannabis products com- parable to the National Organic Program and the Cali- fornia Organic Food and Farming Act and would make the State Department of Public Health’s authority inop- erative if the National Organic Program authorizes or- ganic designation and certification for cannabis.
The bill would prohibit a person from representing, selling, or offering for sale any cannabis or cannabis products as organic or with the designation or certification estab- lished by the Department of Food and Agriculture or the State Department of Public Health, except as provided 686
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z in the OCal Program and the CDPH certification pro- gram regulations. Objectives of this Regulatory Action These proposed regulations serve to implement the California Department of Food and Agriculture’s (De- partment) responsibilities under the Medicinal and Adult Use Cannabis Regulation Safety Act.
The proposed regulations will: 1) Establish an organic certification program for California cannabis, the OCal Program. 2) Establish an OCal Program seal and designation (OCal). 3) Set minimum standards for production of cannabis intended to be sold, labeled, or represented as OCal that are comparable to the National Organic Program and the California Organic Food and Farming Act. 4) Establish labeling and marketing standards for use of the program’s seal and designation.
The OCal Program held multiple public meetings, al- lowing for broad input from county representatives, current organic certifiers, cannabis industry representa- tives, and members of the public. Comments received during meetings were considered during the develop- ment of the regulations. Comments not considered were either in conflict with existing statute or not within reason.
Anticipated Benefits of this Regulatory Action Some of the many benefits of creating a State level program, comparable to the NOP, for certifying cannabis produced organically are listed below. 1) Public and Consumer Benefits The OCal Program under CDFA will assure con- sumers that nonmanufactured OCal cannabis and cannabis products are uniformly certified to State stan- dards by an accredited, OCal−registered certifying agent.
The OCal seal protects consumers from fraud and provides a means for product differentiation. 2) Environmental Benefits A well−managed organic farming system: Creates healthy soils with the potential for increased carbon sequestration and available water capacity; Reduces fossil fuel needs associated with external nitrogen fertilizer inputs; and Reduces waste by recycling excess or deficient nutrients and container growing media. Inconsistency with Federal Regulations or Statutes The United States Drug Enforcement Administra- tion, under the Controlled Substances Act, lists cannabis as a
Schedule I drug.
Schedule I drugs are de- fined as having a high potential for abuse, having no currently accepted medical use in treatment in the Unit- ed States, and a lack of accepted safety for use of the drug under medical supervision (21 U.S.C. § 812). Controlled Substances Act, Title 21 — Food and Drugs,
Chapter 13 — Drug Abuse and Prevention Con- trol, Subchapter 1 — Control and Enforcement, Part B — Authority to Control; Standards and Schedules: https://www.deadiversion.usdoj.gov/21cfr/21usc/812. htm. Consistency with Existing State Regulations As required by Government Code
section 11346.5(a)(3)(D), the Department has conducted an evaluation of these regulations and has determined that they are not inconsistent or incompatible with existing state regulations. PLAIN ENGLISH REQUIREMENT The Department staff prepared the proposed regula- tions pursuant to the standard of clarity provided in Government Code
section 11349 and the plain English requirements of Government Code sections 11342.580 and 11346.2, subdivision (a)(1). The proposed regula- tions are written to be easily understood by the persons that will use them. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts — None. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630 — None. Cost or savings to state agencies — There will be a cost to the State to administer the OCal program.
There are no additional costs or savings to state agencies asso- ciated with the proposed regulations. Non−discretionary cost or savings imposed upon lo- cal agencies — None. Cost or savings in federal funding to the state — None. Cost impacts on a representative private person or business — Participation in the cannabis OCal program will be voluntary. Thus, there are no mandated costs on cannabis businesses. There would be a cost to cannabis businesses that choose to participate in the OCal Pro- gram. Consumers may choose to purchase potentially more expensive OCal cannabis. 687
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z Business created to certify for the OCal Program may compete with existing cannabis certification businesses. Effect on small business — There may be an effect on small businesses. Effect on housing costs — None.
Significant, statewide adverse impact directly affect- ing business, including the ability of California busi- nesses to compete with businesses in other states — The Department has made an initial determination that there will not be a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT ANALYSIS California Government Code
section 11346.3 re- quires state agencies to assess the potential economic impacts on California businesses and individuals when proposing to adopt or amend any administrative regula- tion. Following is a
summary of results of the economic impact analysis: The proposed OCal Program would result in an estimated net increase of 142 FTE jobs in California. The proposed OCal Program would not impact the creation of new businesses or elimination of existing businesses, but it will encourage modest new business development. The proposed OCal Program would not affect the expansion of businesses currently doing business within the State. The proposed OCal Program could provide benefits to the health and welfare of California residents, worker safety, and the state’s environment by creating additional jobs, providing consumers with a means for product differentiation, spurring industry innovation in sustainable agriculture, and stimulating increased economic activity in regions heavily populated by OCal cannabis producers.
CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which this action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provisions of law.
The Department considered an alternative to the pro- posed OCal regulations in which the Department would certify cultivators and distributors rather than using in- dependent certifying agents. This would result in sig- nificantly higher economic and fiscal costs without generating additional quantifiable benefits. The Department 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 action may be di- rected to: Kristi Armstrong California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O. Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_OCal@cdfa.ca.gov Phone: (916) 263−0801 The backup contact person for these inquiries is: Charlene Graham California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O.
Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_OCal@cdfa.ca.gov Phone: (916) 576−4234 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF REGULATIONS The Department has prepared and has available for public review an Initial Statement of Reasons for the proposed regulations, including all the information up- on which the proposed regulations are based, and the express terms of the proposed regulations. A copy of the Initial Statement of Reasons and the proposed regula- tions in underline may be obtained upon request.
The location of the information on which the proposal is based may also be obtained upon request. Requests should be directed to Kristi Armstrong at the mailing or email address specified above. 688
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing 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 modifi- cations that are sufficiently related to the originally pro- posed 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 revised regulations.
Any person interested may obtain a copy of any modified regulations prior to the date of adoption by contacting Kristi Armstrong at the mailing or email address specified above. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Kristi Arm- strong at the mailing or email address specified above. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action and other in- formation related to this regulatory action can be ac- cessed through our website at calcannabis.cdfa.ca.gov. TITLE 15.
DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR or Department), proposes to amend Sec- tions 3044, 3190, 3314, 3315, and 3376 into Title 15, Division 3,
Chapter 1, regarding Work Group and Privi- lege Group C. PUBLIC COMMENT PERIOD The public comment period begins May 1, 2020 and closes on June 19, 2020. Any person may submit writ- ten comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code
Section 11346.8, any interested person or their duly au- thorized representative may request a public hearing, no later than 15 days prior to the close of the written comment period. CONTACT PERSONS Primary Contact Anthony Carter Telephone: (916) 445−2220 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Back−Up Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Program Contact Douglas Snell Telephone: (916) 323−2356 Mental Health Compliance Team Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283−0001 AUTHORITY AND REFERENCE Government Code
Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)
Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Di- vision of Adult Operations. PC
Section 5050 provides that commencing July 1, 2005, any reference to the Di- rector of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC
Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC
Section 5055 provides that commenc- ing July 1, 2005, all powers and duties previously grant- ed to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC
Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of 689
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z prisons and for the administration of the parole of per- sons. PC
Section 5058.3 authorizes the Director to cer- tify in a written statement filed with Office of Adminis- trative Law that operational needs of the Department re- quire adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The reason for these amendments is to provide a stan- dardized statewide approach that identify processes that shall be followed when an inmate is placed on Priv- ilege Group C or deemed a program failure.
Existing language lacks specificity, which can lead to disparate application of the rules concerning the privileges an in- mate on Privilege Group C or those deemed a program failure may receive. These proposed regulations are consistent with the Department’s commitment to pro- vide inmates with a pathway to truly earn a second chance to succeed, while at the same time ensuring pub- lic safety and reducing recidivism. The CDCR is com- mitted to making prisons safer by promoting education, rehabilitation, and good conduct through credit− earning incentives and earned privileges through posi- tive programming.
This action will: Standardize out−of−cell activities for inmates placed in Privilege Group C. Provide additional consequences for those inmates who choose not to abide by departmental regulations, thereby incentivizing the need to program appropriately. Ensure all Privilege Group C or program failure inmates continue to participate in scheduled therapeutic programming activities, to include religious services and self−help groups. Notify the Interdisciplinary Treatment Team when an inmate who is a participant in the Mental Health Services Delivery System at the Enhanced Outpatient Program level of care or higher is placed in Privilege Group C as a result of a disciplinary hearing.
DOCUMENTS INCORPORATED BY REFERENCE None. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS CDCR has determined the proposed regulations may have a positive impact on public safety, the health and welfare of California’s residents, worker safety, and on inmates by ensuring the safe incarceration of offenders. The proposed regulations also provide direction to CDCR staff and inmates of the new procedure for in- mates assigned to Privilege Group C or deemed a pro- gram failure.
The CDCR is committed to making pris- ons safer by promoting education, rehabilitation, men- tal health services, good conduct through credit− earning incentives, and earned privileges through posi- tive programming. The proposed regulatory action pro- vides additional consequences for those inmates who choose not to abide by departmental rules and regula- tions as a means of motivating inmates to take advan- tage of incentives received as a result of programming positively. Additionally, the regulations comply with the Special Master’s Twenty Seventh Round Monitor- ing Report — Coleman v.
Brown affirmation order. EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the Department has determined the proposed regulations are not inconsistent or incompatible with existing regu- lations. After conducting a review for any regulations that would relate to or affect this area, the CDCR has concluded that these are the only regulations that con- cern the Work and Privilege Group C.
LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630. FISCAL IMPACT STATEMENT Cost or savings to any state agency: None. Cost to any local agency or school district that is required to be reimbursed: None. Other nondiscretionary cost or savings imposed on local agencies: None. 690
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed regulations 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, because the proposed regulations place no obligations or require- ments on any business. EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will not affect small businesses.
This action has no significant adverse economic impact on small business because they place no obligations or require- ments on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or affect the expansion of businesses cur- rently doing business in California. The Department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.
These regulations may benefit the welfare of California residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, safer insti- tutions may provide an environment more conducive to rehabilitation, thereby reducing recidivism.
CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed regulatory action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.
Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed at the scheduled hearing or during the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared and will make avail- able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.
The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon re- quest directed to the Department’s contact person. The proposed text, ISOR, and Notice of Proposed Regula- tions will also be made available on the Department’s website: www.cdcr.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’s contact person.
A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the De- partment adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice.
The Department will accept written com- ments on the modified regulations for at least 15 days after the date on which they are made available. 691
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z FISH AND GAME COMMISSION NOTICE OF FINDINGS Mountain Lion (Puma concolor) NOTICE IS HEREBY GIVEN that, pursuant to the provisions of
Section 2074.2 of the Fish and Game Code, the California Fish and Game Commission (Commission), at its April 15−16, 2020 teleconference meeting, accepted for consideration the petition sub- mitted to list an evolutionarily significant unit (ESU) of mountain lions (Puma concolor) in southern and central coastal California as threatened or endangered under the California Endangered Species Act. Pursuant to subdivision (e)(2) of
Section 2074.2 of the Fish and Game Code, the Commission determined that the amount of information contained in the petition, when considered in light of the California Department of Fish and Wildlife’s (Department) written evaluation report, the comments received, and the remainder of the administrative record, would lead a reasonable person to conclude there is a substantial possibility the request- ed listing could occur. Based on that finding and the acceptance of the peti- tion, the Commission is also providing notice that the Southern California/Central Coast ESU of mountain li- ons is a candidate species as defined by
Section 2068 of the Fish and Game Code. Within one year of the date of publication of this no- tice of findings, the Department shall submit a written report, pursuant to
Section 2074.6 of the Fish and Game Code, indicating whether the petitioned action is war- ranted. Copies of the petition, as well as minutes of the April 15−16, 2020 Commission meeting, are on file and available for public review from Melissa Miller− Henson, Executive Director, California Fish and Game Commission, 1416 Ninth Street, Suite 1320, Sacramen- to, California 95814, phone (916) 653−4899. Written comments or data related to the petitioned ac- tion should be directed to the Department contact via email (Esther.Burkett@wildlife.ca.gov); include “Mountain Lion ESU” in the subject line.
Comments may also be submitted by mail, addressed to: California Department of Fish and Wildlife, Wildlife Branch, At- tn: Esther Burkett/Mountain Lion ESU, P.O. Box 944209, Sacramento, CA 94244−2090. Submission of information via email is preferred. FISH AND GAME COMMISSION NOTICE OF FINDINGS Shasta Snow−wreath (Neviusia cliftonii) NOTICE IS HEREBY GIVEN that, pursuant to the provisions of
Section 2074.2 of the Fish and Game Code, the California Fish and Game Commission (Commission), at its April 15−16, 2020 teleconference meeting, accepted for consideration the petition sub- mitted to list Shasta snow−wreath (Neviusia cliftonii) as endangered under the California Endangered Species Act. Pursuant to subdivision (e)(2) of
Section 2074.2 of the Fish and Game Code, the Commission determined that the amount of information contained in the petition, when considered in light of the California Department of Fish and Wildlife’s (Department) written evaluation report, the comments received, and the remainder of the administrative record, would lead a reasonable person to conclude there is a substantial possibility the request- ed listing could occur. Based on that finding and the acceptance of the peti- tion, the Commission is also providing notice that the Shasta snow−wreath is a candidate species as defined by
Section 2068 of the Fish and Game Code. Within one year of the date of publication of this no- tice of findings, the Department shall submit a written report, pursuant to
Section 2074.6 of the Fish and Game Code, indicating whether the petitioned action is war- ranted. Copies of the petition, as well as minutes of the April 15−16, 2020 Commission meeting, are on file and available for public review from Melissa Miller− Henson, Executive Director, California Fish and Game Commission, 1416 Ninth Street, Suite 1320, Sacramen- to, California 95814, phone (916) 653−4899. Written comments or data related to the petitioned ac- tion should be directed to the California Department of Fish and Wildlife, P.O.
Box 944209, Sacramento, CA 94244−2090, Attn: Cherilyn Burton, or email nativeplants@wildlife.ca.gov (include “Shasta snow− wreath” in subject line). Submission of information via email is preferred. 692
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION Agassiz’s desert tortoise (Gopherus agassizii) NOTICE IS HEREBY GIVEN that, pursuant to the provisions of
Section 2073.3 of the Fish and Game Code, the California Fish and Game Commission (Commission), on March 23, 2020, received a petition from the Defenders of Wildlife, Desert Tortoise Coun- cil, and Desert Tortoise Preserve Committee to to change the status of Agassiz’s desert tortoise (Gopherus agassizii) from threatened to endangered under the Cal- ifornia Endangered Species Act.
Typical habitat of the desert tortoise in the Mojave Desert is characterized as creosote bush scrub ranging in elevation from approximately 1,000 to 5,500 feet, al- though more generally it occupies a variety of habitats from sandy flats to rocky foothills, including alluvial fans, washes and canyons where suitable soils for den construction might be found, starting at near sea level in elevation. A key habitat component within this habitat is a reliable food source in the form of annual forbs and grasses, which rely on annual precipitation ranging from approximately 2−8 inches. Pursuant to
Section 2073 of the Fish and Game Code, on April 13, 2020, Commission staff transmitted the pe- tition to the California Department of Fish and Wildlife (Department) for review pursuant to
Section 2073.5 of said code. The Commission received the petition at its April 15−16, 2020 teleconference. It is anticipated that the Department’s evaluation and recommendation re- lating to the petition will be received by the Commis- sion at its August 19−20, 2020, meeting in Fortuna.
Interested parties may contact Dan Applebee, Senior Environmental Scientist−Specialist, California Depart- ment of Fish and Wildlife, PO Box 944209, Sacramen- to, CA 94244−2090, telephone (916) 373−6634, or email Daniel.Applebee@wildlife.ca.gov for informa- tion on the petition or to submit information to the De- partment relating to the petitioned species. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code
Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING: On June 18, 2020, at 10:00 a.m. in Room 310 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Public Meeting, the Board will make time available to receive comments or proposals from inter- ested persons on any item concerning occupational safety and health.
BUSINESS MEETING: On June 18, 2020, at 10:00 a.m. in Room 310 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request.
Any person with a disability requiring an accommoda- tion, auxiliary aid or service, or a modification of poli- cies or procedures to ensure effective communication and access to the public hearings/meetings of the Occu- pational Safety and Health Standards Board should contact the Disability Accommodation Coordinator at (916) 274−5721 or the state−wide Disability Accom- modation Coordinator at 1−866−326−1616 (toll free). The state−wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1−800−735−2929 (TTY) or 1−800−855−3000 (TTY− Spanish).
Accommodations can include modifications of poli- cies or procedures or provision of auxiliary aids or ser- vices. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer− 693
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z Aided Transcription System or Communication Access Realtime Translation (CART), a sign−language inter- preter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation re- quests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.
RULEMAKING PETITION DECISION DEPARTMENT OF INSURANCE DECISION REGARDING PETITION FOR HEARING On March 23, 2020, the Consumer Federation of Cal- ifornia Education Foundation (“CFC”) submitted a Pe- tition for Hearing, Petition to Participate, and Notice of Intent to Seek Compensation to Commissioner Ricardo Lara (“Petition”), and cited to Insurance Code sections 1861.02, 1861.05, 1861.10 and Title 10, California Code of Regulations, sections 2653.1, 2661.2 and 2661.3 as authority for the Petition.
The Petition seeks a public hearing to ensure that insurers providing person- al and commercial automobile insurance in California provide appropriate rate and premium relief to policy- holders in response to the COVID−19 pandemic. RELIEF REQUESTED The Petition requests that the Commissioner hold a public hearing or virtual public hearing to evaluate the rate and premium relief appropriate for commercial and personal automobile insurance motorists.
Additionally, the Petition requests the Commissioner to issue a bul- letin to insurers directing them to develop mechanisms for informing and re−rating policyholders who reduced the number of miles driven in response to the COVID−19 pandemic. AUTHORITY AND REFERENCE CITED IN THE PETITION Petitioners cite California Insurance Code sections 1861.02, 1861.05, 1861.10 and Title 10, California Code of Regulations Sections 2653.1, 2661.2 and 2661.3 as authority for the Petition.
THE COMMISSIONER’S DETERMINATION The Commissioner denies the Petition to the extent it requests a rulemaking proceeding, and denies the Peti- tion to the extent it requests a public hearing pursuant to California Insurance Code sections 1861.05(
c) and 1861.10(
a) or
section 2653.1 of Title 10 of the Califor- nia Code of Regulations. The Commissioner, however, grants the Petition to the extent it requests that the Com- missioner issue a bulletin directing insurers to provide appropriate rate and premium relief in response to the COVID−19 pandemic. REASONS SUPPORTING THE COMMISSIONER’S DETERMINATION Although Petitioner does not cite to California Gov- ernment Code
section 11340.6, to the extent this Peti- tion can be construed as a petition for rulemaking, in- cluding any required public hearing, within the mean- ing of that section, the petition is denied. California law provides that the Administrative Procedure Act (“APA”) does not apply to ratemaking regulations. The APA expressly states that
Chapter 3.5, entitled “Admin- istrative Regulations and Rulemaking” “does not apply to: [a] regulation that establishes or fixes rates, prices, or tariffs.” (Gov. Code, § 11340.9(g); accord 20th Cen- tury Insurance Co. v. Garamendi (1994) 8 Cal.4th 216, 270.). Additionally, in light of “shelter in−place” orders throughout California and the immediate need for rate and premium relief for policyholders in many lines of insurance, the Commissioner determined that a rule- making proceeding would not provide timely guidance to insurers, policyholders, and the public.
Accordingly, to the extent the Petition may be con- strued as a request for the adoption of a regulation, the Commissioner denies such request by the Petitioner. FURTHER DETERMINATION Although the Commissioner denies the Petition in part, he also grants significant portions of the relief Peti- tioner requests. CFC proactively and correctly high- lighted an important reduction in risk to private passen- ger automobile insurance exposures in California due to the COVID−19 pandemic.
As CFC notes in its petition: “[w]ith a statewide Stay at Home order now in effect, the decline in traffic and accidents will reduce auto in- surance losses substantially over the course of this cri- sis.” Indeed, subsequent California motorist traffic data provides strong support for CFC’s predictions. Accord- ing to a University of California, Davis “Special Re- port: Impact of COVID19 on California Traffic Acci- dents,” reduced driving has resulted in fewer accidents, injuries, and fatalities on public highways and roads. 694
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z The Commissioner agrees that there is an immediate need for a bulletin to require insurers to recognize the abrupt and substantial change in risk exposures caused by the COVID−19 pandemic, and return premium to Californians. Accordingly, on April 13, 2020, Commis- sioner Lara issued Bulletin 2020−3. While Petitioner sought relief only with respect to the commercial and private passenger automobile lines of insurance, the Commissioner determined that changes in risk expo- sures due to the COVID−19 pandemic extend beyond automobile insurance.
As is set forth in detail in Bulletin 2020−3, the Com- missioner directed insurers to make premium refunds for additional lines, including workers’ compensation insurance, commercial multiple peril insurance, com- mercial liability insurance, medical malpractice insur- ance, and other lines of coverage where the measures of risk are substantially overstated as a result of the COVID−19 pandemic. Bulletin 2020−3 also imposes certain notice and reporting requirements, as specified.
While broader in scope than requested in the Petition, Bulletin 2020−3 also includes guidance and instruc- tions to insurers to respond to Petitioner’s demand for immediate personal and commercial automobile rate relief. AGENCY CONTACT PERSON Bryant Henley, Deputy Commissioner & Special Counsel California Department of Insurance 300 Capitol Mall, 17 th Floor Sacramento, CA 95814 Bryant.Henley@insurance.ca.gov 916−492−3500 OBTAINING COPIES OF THE PETITION Interested persons may obtain a copy of the Petition from the Agency Contact Person. Dated: April 21, 2020.
DIVISION OF WORKERS’ COMPENSATION DEPARTMENT OF INDUSTRIAL RELATIONS NOTICE OF DECISION ON PETITION TO AMEND REGULATIONS (Government Code
section 11340.7) TITLE 8, CALIFORNIA CODE OF REGULATIONS,
SECTION 9785(b),
ARTICLE 5 OF
CHAPTER 4.5, SUBCHAPTER 1 PETITIONER: Joseph V . Capurro, California Applicants’ Attorney’s Assn By letter dated March 11, 2020, Joseph V . Capurro (Petitioner), President of the California Applicants’ At- torney’s Association, petitioned the Division of Work- ers’ Compensation (DWC) in accordance with Govern- ment Code
section 11340.6. The DWC received Peti- tioner’s letter on March 17, 2020. The Petitioner re- quests that the DWC amend a provision of former Cali- fornia Code of Regulations, title 8 (“8 CCR”),
section 9785(
b) to require that any discharge of an injured worker from further treatment by the primary treating physician must include a personal exam by the primary treating physician and that the discharge be document- ed in either a PR3, PR4 or Medical−Legal Report. AUTHORITY Labor Code
section 133 gives the Administrative Di- rector the power and jurisdiction to do all things neces- sary or convenient in the exercise of any power or juris- diction conferred upon the Administrative Director un- der the Labor Code. The statutes establishing the proce- dures for medical treatment, procurement of medical treatment, and processing of claims for payment for medical treatment, sections 4600−4615, are found in
Article 2 of
Chapter 4 in Division 4 of the Labor Code. Labor Code
section 4603.5 gives the Administrative Director the authority to adopt rules pertaining to the format and content of all notices required by
Article 2. Labor Code
section 5307.3 authorizes the Adminis- trative Director of the DWC to adopt, amend, or repeal any rule or regulation that is reasonably necessary to en- force Division 4 of the Labor Code, except where that power is specifically given to the Workers’ Compensa- tion Appeals Board. CONTACT PERSON Please direct any inquiries regarding this action to Winslow F. West, Industrial Relations Counsel, Divi- 695
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z sion of Workers’ Compensation — Legal Unit, P.O. Box 70823, Oakland, CA 94612. A V AILABILITY OF PETITION The petition to amend title 8, California Code of Reg- ulations
section 9785(
b) is available upon request di- rected to the Division’s contact person.
SUMMARY OF THE PETITION Petitioner requests that the DWC amend former Cali- fornia Code of Regulations, title 8 (“8 CCR”),
section 9785(
b) to further define “discharge from treatment” by a treating physician and require a physical examination and reporting upon discharge from care by a primary treating physician. Petitioner proposes the following amendment to former
section 9785(b): (
b) There shall be no more than one primary treating physician at a time. Where the primary treating physician discharges the employee from further treatment and there is a dispute concerning the need for continuing treatment, no other primary treating physician shall be identified unless and until the dispute is resolved. Any discharge from further treatment shall include a personal exam by the primary treating physician and the discharge must be documented in either a PR3, PR4, or Medical Legal Report.
If it is determined that there is no further need continuing treatment, then the physician who discharged the employee shall remain the primary treating physician. If it is determined that there is further need for continuing treatment, a new primary treating physician may be selected. The petition states that the regulation is ambiguous and has led to unnecessary treatment delays and litiga- tion. The petition cites three Workers’ Compensation Appeals Board cases to support the proposition that am- biguity in the regulation has led to litigation. DEPARTMENT DECISION DWC denies the petition.
The petition requests that the Administrative Direc- tor amend a regulation that no longer exists in the form related in the Petition for Amendment. The petition recites the iteration of the regulation that existed and was in effect prior to the amendment of the regulation by SB 899 in 2004. The current iteration of the regulation does not contain any ambiguity as to “dis- charge from further treatment.” The amended regula- tion removes any ambiguity as to when an employee may designate a new primary treating physician.
The current version of the regulation, enacted after SB 899, provides a remedy for the employee who disputes a medical determination by the primary treating physi- cian, including a determination that the employee should be released from care. The regulation provides for the employee to resolve the dispute through submis- sion to the QME process, where the employee will re- ceive an examination prior to the issuance of a medical− legal report. The first case cited by Petitioner, Acosta v. Balance Staffing Services (2014 Cal. Wrk. Comp. P.D. Lexis 480), involved the proper
interpretation of “discharged from treatment” without the need for further current medical treatment as being a discharge from care under the former regulation 9785(b). The case went on to opine that the proper way to dispute this finding and seek a change in primary treating physician was through the QME process. The second and third cases cited by Petitioner mainly opine on the
interpretation of MPN procedures and only peripherally deal with 9785(b). However, all of the cas- es are unanimous in their finding that under both itera- tions of 9785(b), the proper way to dispute a treating physician’s medical determination involving a dis- charge from care is through the QME process. Given the amendment of the regulation and the prop- er assessment of the current case law, there does not ap- pear to be any ambiguity of the nature stated in the Peti- tion to Amend in the current version of the regulation. Therefore, there is no current need for the requested amendment. REGULATIONS FILED WITH SECRETARY OF STATE This
Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.
File# 2020−0323−02 AIR RESOURCES BOARD 2019 State Area Designations The Air Resources Board amended a regulation that designates areas of California as Attainment, Nonat- tainment, Nonattainment−transitional, or Unclassified relative to compliance with State ambient air quality standards for ozone. The amendments redesignate San- ta Barbara County in the South Central Coast Air Basin from Nonattainment−transitional to Attainment and re- designate Yuba County and that portion of Sutter Coun- ty outside of the Sutter Buttes in the Sacramento Valley Air Basin from Attainment to Nonattainment. 696
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z Title 17 AMEND: 60201 Filed 04/16/2020 Effective 07/01/2020 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2020−0306−02 BOARD OF ACCOUNTANCY Obsolete or Outdated In this rulemaking action, the Board of Accountancy amends and repeals various regulations to remove pro- visions that are obsolete and outdated, such as provi- sions related to the expired 24−month period for credit retention, paper and pencil examinations, fees applica- ble between July 2014 and June 2016, and the Report Quality Monitoring Committee.
Title 16 AMEND: 7.1, 70, 75.5 REPEAL: 8, 87.6, 89.1 Filed 04/16/2020 Effective 07/01/2020 Agency Contact: Deanne Pearce (916) 561−1740 File# 2020−0306−03 BOARD OF FORESTRY AND FIRE PROTECTION Fire Safety Survey, 2019 This action by the Board of Forestry and Fire Protec- tion adopts regulations establishing procedures for the identification and evaluation of existing subdivisions located in state responsibility areas or very high fire hazard zones.
Title 14 ADOPT: 1267.00, 1267.01, 1267.02, 1267.03 Filed 04/20/2020 Effective 07/01/2020 Agency Contact: Edith Hannigan (916) 862−0120 File# 2020−0409−01 CALIFORNIA SCHOOL FINANCE AUTHORITY Charter School Revolving Loan Program In this emergency action, the California School Fi- nance Authority amends Charter School Revolving Loan Fund Program regulations to, among other things: define “good standing” and “nonprofit entity;” prohibit charter schools operated as for−profit entities from ap- plying for loans; and change the loan application sched- ule from annual to an ongoing first−come first−served basis based on availability of funding.
Title 4 AMEND: 10170.17, 10170.18, 10170.19, 10170.20, 10170.21, 10170.22, 10170.24(
a) Filed 04/20/2020 Effective 04/20/2020 Agency Contact: Katrina Johantgen (213) 620−4608 File# 2020−0403−03 CALIFORNIA STATE UNIVERSITY Occupational Therapy Doctorate Degree This action by the Board of Trustees of the California State University, submitted to OAL for courtesy filing with the Secretary of State and for printing in the Cali- fornia Code of Regulations, adopts regulations regard- ing occupational therapy doctorate degree require- ments. This action is exempt from the Administrative Procedure Act under Education Code
section 89030 and takes effect upon filing with the Secretary of State under Education Code
section 89030.1. Title 5 ADOPT: 40050.5, 40519, 40519.1, 41024 Filed 04/22/2020 Effective 04/22/2020 Agency Contact: Jason Taylor (562) 951−4500 File# 2020−0312−02 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Code of Ethics This action adopts an affirmation administered to eace officer trainees to adhere to certain standards of onduct. Title 11 AMEND: 1013 Filed 04/22/2020 Effective 07/01/2020 Agency Contact: Scott Loggins (916) 227−2807 ile# 2020−0305−02 IVISION OF LABOR STANDARDS NFORCEMENT p c F D E Enforcement of Client Employer Liability Under Labor Code
Section 2810.3 This action provides standards for the enforcement of Labor Code
section 2810.3, which establishes civil lia- bility in client employers for the payment of wages and all sums payable to employees and the state for the fail- ure to pay wages. The action specifies recordkeeping requirements for labor contractors as well as a method for allocating civil liability for payment of wages be- tween or among multiple client employers when em- ployees perform labor, work, or services for more than one client employer in a day or in a week. 697
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 18-Z Title 8 ADOPT: 13830, 13831, 13832 Filed 04/16/2020 Effective 07/01/2020 Agency Contact: Laura Moskowitz (415) 703−5252 File# 2020−0415−05 FISH AND GAME COMMISSION Special Measures for Sport Fishing to Protect Public Health This emergency rulemaking action by the Fish and Game Commission authorizes the temporary suspen- sion, delay, or restriction of sport fishing if necessary to protect public health from the immediate threat posed by COVID−19.
Title 14 ADOPT: 8.02 Filed 04/16/2020 Effective 04/17/2020 Agency Contact: Sherrie Fonbuena (916) 654−9866 File# 2020−0316−04 HASTINGS COLLEGE OF THE LAW Conflict−of−Interest Code This is a Conflict−of−Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only. Title 2 ADOPT: 59870 Filed 04/21/2020 Effective 05/21/2020 Agency Contact: John K.
DiPaolo (415) 565−4787 File# 2020−0415−02 SECRETARY OF STATE Digital Signatures This emergency action replaces the existing Ap- proved List of Digital Signature Certification Authori- ties with the requirement that public entities only accept certificates from authorities recognized by at least one of the three certificate programs identified in the regulations.
Title 2 AMEND: 22000, 22002, 22003, 22005 REPEAL: 22004 Filed 04/22/2020 Effective 04/22/2020 Agency Contact: Taylor Kayatta (916) 695−1530 File# 2020−0415−01 STATE ALLOCATION BOARD Emergency Powers of the Executive Officer; COVID−19 This emergency action by the State Allocation Board authorizes the extension of deadlines for programs un- der the authority of the board.
Title 2 ADOPT: 1580 Filed 04/22/2020 Effective 04/22/2020 Agency Contact: Lisa Jones (916) 376−1753 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 698