GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 32−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 7, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Fair Housing Regulations — Notice File Number Z2020−0723−01 ...................................... 1113 TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Delivery Minor Decoy Requirements — Notice File Number Z2020−0728−01 ............................. 1115 TITLE 14.

FISH AND GAME COMMISSION Recreational and Commercial Groundfish — Notice File Number Z2020−0728−04 ......................... 1118 TITLE 16. SPEECH−LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD Speech−Language Pathology and Audiology Fees — Notice File Number Z2020−0728−03 ................... 1120 TITLE 27.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Exposure Chemicals in Cooked Food — Notice File Number Z2020−0728−02 ................ 1123 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Castlerock Family Farms Cannabis Outdoor Cultivation Project, 2080−2020−003−05, Santa Barbara County ................................ 1126 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Cultivation Project at 7369 Highway 246, 2080−2020−004−05, Santa Barbara County ........................................... 1126 (Continued on next page) Time- Dated Material

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .......................................................... 1127 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 32-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. DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING REGULATIONS REGARDING

DEFINITIONS; INTENTIONAL DISCRIMINATION; DISCRIMINATORY ADVERTISEMENTS, STATEMENTS, AND NOTICES; CONSIDERATION OF INCOME; RESIDENTIAL REAL ESTATE−RELATED PRACTICES; AND DISABILITY The Fair Employment and Housing Council (Coun- cil) of the Department of Fair Employment and Hous- ing (DFEH) proposes to amend sections 12005, 12120, 12155, and 12176−12180 of and add sections 12040−12042, 12050−12052, 12140−12143, and 12181 to Title 2 of the California Code of Regulations after considering all comments, objections, and recom- mendations regarding the proposed action.

PUBLIC HEARING The Council will hold a public hearing at 10:00 a.m. on September 25, 2020, at the following location: https://us02web.zoom.us/j/83317417335 and/or 1−669−900−6833 — Meeting ID: 833 1741 7335 At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Council requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The meeting facilities are accessible to individuals with physical disabilities.

Anyone who requires an aux- iliary aid or service for effective communication, or a modification of policies or procedures to participate in the meeting, should contact Brenda Valle−Balderrama, DFEH ADA Coordinator, at (844) 541−2877 (voice or via relay operator 711) or TTY (800) 700−2320 or via email: brenda.valle−balderrama@dfeh.ca.gov or accommodations@dfeh.ca.gov as soon as possible or at least 72 hours before the meeting. WRITTEN COMMENT PERIOD Any interested person, or their authorized representa- tive, may submit written comments relevant to the pro- posed regulatory action to the Council.

The written comment period closes at 5:00 p.m. on September 25, 2020. The Council will consider only comments re- ceived by that time. Written Comments can be mailed to: Fair Employment and Housing Council c/o Brian Sperber, Legislative & Regulatory Counsel Department of Fair Employment and Housing 320 West 4 th Street, 10th Floor Los Angeles, CA 90013 Comments may also be submitted by e−mail to FEHCouncil@dfeh.ca.gov. 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 statutes and case law inter- preting the Fair Employment and Housing Act (FEHA) set forth in Government Code

section 12900 et seq. As it relates to housing, the FEHA prohibits harassment and discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual ori- entation, marital status, national origin, ancestry, famil- ial status, source of income, disability, veteran or mili- tary status, genetic information, or any basis prohibited by

section 51 of the Civil Code. In compliance with the Administrative Procedure Act, the Council proposes to adopt these rules as duly noticed, vetted, and authorized regulations. This action has the specific benefit of creating a more comprehen- sive set of rules to ensure that persons covered by FEHA, including housing providers, owners, tenants, and others, better understand their rights and duties, in turn reducing litigation costs and the burden on courts. Ultimately, the proposed action furthers the mission of the DFEH by protecting Californians from discrimina- tion, harassment, and retaliation in the housing context. 1113

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z The proposed amendments most notably clarify and/ or articulate the following:

(1) definitions to be used throughout subchapter 7; (2) “military or veteran sta- tus” as a protected class;

(3) definitions regarding inten- tional discrimination; (4) how to establish liability based on intentional discrimination; (5) burdens of proof and types of evidence in intentional discrimina- tion cases; (6) the relationship of legally sufficient justi- fications in a discriminatory effects case to allegations of intentional discrimination; (7) how to establish lia- bility based on discriminatory notices, statements, and advertisements; (8) identifying specific practices that are not covered by the prohibitions on discriminatory notices, statements, or advertisements; (9) how to quali- fy for an exemption from liability for discriminatory conduct;

(10) definitions of “lawful, verifiable income” and “source of income”; (11) the prohibition on prac- tices constituting discrimination on source of income and examples; (12) the prohibition on discrimination based on aggregate income; (13) the prohibition on practices constituting discrimination on the basis of a government rent subsidy; (14) the prohibition on resi- dential real estate−related practices used in evaluating creditworthiness in connection with provision of finan- cial assistance when such practices have a discriminato- ry effect; (15) discriminatory housing practices based on the failure to make reasonable modifications for in- dividuals with disabilities, including the interactive process, establishing that a reasonable modification is necessary, denials of requests for reasonable modifica- tions, and other requirements or limitations in the provi- sion of reasonable modifications, and examples.

The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Council has concluded that these are the only regula- tions that concern fair housing and the Fair Employ- ment and Housing Act. DISCLOSURES REGARDING THE PROPOSED ACTION The Council has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: No additional 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 non−discretionary 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 Council 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 or housing within the state; the creation of new businesses or housing or the elimination of existing businesses or housing within the state; or the expansion of businesses or housing currently doing business with- in the state.

To the contrary, adoption of the proposed amendments is anticipated to benefit California busi- nesses, workers, housing providers, owners, tenants, and the state’s judiciary by clarifying and streamlining the operation of the law, making it easier for housing providers, owners, and tenants to understand their 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 economic impact directly affecting businesses, including the abil- ity of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: The Council antici- pates that the regulations will not create additional costs or savings beyond those imposed by existing law.

Simi- larly, the Council has determined that there is no impact on small businesses as a result of this proposed action because these regulations primarily serve to clarify ex- isting 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, subdivision (a)(13), the Council must deter- mine that no reasonable alternative it considered or that has otherwise been identified and brought to the Coun- cil’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 1114

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z 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 better 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 ac- tion may be directed to: Brian Sperber, Legislative & Regulatory Counsel Department of Fair Employment and Housing 320 West 4 th Street, 10th Floor Los Angeles, CA 90013 Telephone: (213) 337−4495 E−mail: brian.sperber@dfeh.ca.gov The backup contact person for these inquiries is: Adam Romero, Deputy Director of Executive Programs Department of Fair Employment and Housing 320 West 4 th Street, 10th Floor Los Angeles, CA 90013 Telephone: (213) 439−6799 E−mail: adam.romero@dfeh.ca.gov Please direct requests for copies of the proposed text (express terms) of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based, should other sources be used in the future, to Bri- an Sperber at the above address.

A V AILABILITY 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 address.

As of the date this notice is published in the Notice Regis- ter, the rulemaking file consists of this notice, the pro- posed text of the regulations, the Initial Statement of Reasons, and the three documents relied upon listed in the Initial Statement of Reasons (“Reasonable Modifi- cations Under the Fair Housing Act,” “Implementation of the Fair Housing Amendments Act of 1988,” and “Reasonable Accommodations Under the Fair Housing Act”). Copies may be obtained by contacting Brian Sperber at the address or phone number listed above.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Council may adopt the proposed regulations substantially as de- scribed in this notice. If the Council makes modifica- tions 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 Council adopts the regulations as revised. Please send requests for copies of any modi- fied regulations to the attention of Brian Sperber at the address indicated above.

The Council will accept writ- ten comments on the modified regulations for at least 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons will be available on the Council’s Web page: http://www.dfeh.ca.gov/fehcouncil/. Copies also may be obtained by contacting Brian Sperber at the above address.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the text of the regulations, and any modified texts and the Final Statement of Reasons can be accessed through the Council’s Web page at http://www.dfeh.ca.gov/fehcouncil/. TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (“ABC”) proposes to adopt the regulations described below after considering all comments, objections, and recommendations regarding the proposed action.

This proposed rulemaking is a certificate of compliance ac- tion for a previously approved emergency rulemaking action that is effective through January 30, 2021. PUBLIC HEARING ABC has not scheduled a public hearing on this pro- posed action. However, ABC will hold a hearing if it re- ceives a written request for a public hearing from any interested person, or his or her authorized representa- tive, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the 1115

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z proposed regulatory action to ABC. Comments may al- so be submitted by email to RPU@abc.ca.gov. Please include “Delivery Minor Decoy Requirements” in the subject if submitted in this fashion to ensure proper re- sponse. The written comment period closes at 12:00 p.m. on September 23, 2020. ABC will consider only comments received at ABC Headquarters by that time. Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 AUTHORITY AND REFERENCE Business and Professions Code

Section 25658 and 25750 authorizes ABC to adopt these proposed regula- tions. The proposed regulations implement, interpret, and make specific

section 25658 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations Current ABC regulations did not include an enforce- ment mechanism addressing retail alcoholic beverage delivery away from the licensed premises for off− premises consumption. ABC has enacted these regula- tions on an emergency basis, but there is a need for these regulations to become permanent to ensure the increas- ing use of alcohol delivery does not allow persons under 21 years of age to obtain alcohol.

Summary of Effect The unregulated delivery of alcoholic beverages to minors or merely dropping off alcoholic beverages at unattended doorsteps by licensees or third−party ser- vices is detrimental to the public health, safety, and wel- fare.

Simply asking a customer whether they are of legal age to consume alcohol when taking an order for alco- holic beverages online or over the phone is not adequate if, at the point of delivery, the identification, appear- ance, or age of the recipient is not visually inspected or verified, especially when the delivering party does not even attempt actual contact with the customer. In order to continue to address this problem, ABC will need the ability to deploy minor decoys covering off−premises deliveries of alcoholic beverages permanently.

Comparable Federal Statute or Regulations ABC has determined that this proposed regulation does not have a comparable federal statute or regulation. Policy Statement Overview ABC’s mission to protect the public health, safety, and welfare through licensing alcohol businesses and enforcing legislative standards is limited when it is un- dermined by the conduct of ABC licensees, their agents, or employees. Preventing sales to and furnish- ing of alcoholic beverage to persons under 21 years of age, and prosecuting violators, is one of the highest pub- lic safety priorities of ABC.

By utilizing minor decoys for delivery service, ABC can identify licensees violat- ing their duty as an alcohol licensee and will be able to enforce the law against them, thereby protecting the public’s health, safety, and welfare. In addition, the per- manence of delivery minor decoy regulatory standards will ensure licensees are continued to be treated in a fair manner.

Benefits Anticipated By continuing the use of minor decoy operations for off−premises delivery of alcoholic beverages, ABC can investigate actions of licensees, their agents, or employ- ees who are violating legal delivery standards and hold licensees who violate the law accountable through en- forcement actions. Although this issue was an emergen- cy due to the COVID−19 pandemic, the increase in le- gal alcohol delivery is not anticipated to cease once the pandemic circumstances are over.

This will require ABC to continue to monitor and hold ABC licensees ac- countable for delivery standards long after the industry returns to a new normal. Determination of Inconsistency/Incompatibility with Existing State Regulations ABC has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. After conducting a review for any reg- ulations that would relate to or affect this area, ABC has concluded that these ae the only regulations that con- cern “Delivery Minor Decoy Requirements” in California.

Effect upon Small Businesses in California ABC has determined this proposed regulatory action does not affect small businesses: the laws that ABC seeks to enforce via the proposed regulation are laws to which small businesses are already subject. The pro- posed action only lays out the process by which ABC will investigate potential violations and seek enforce- ment of these same laws. Further, ABC is not affecting any business with this regulation without due process or providing evidence that the business has violated the ABC Act through furnishing alcohol to a person under 21 years of age.

Disclosures Regarding the Proposed Regulatory Action ABC has made the following initial determinations: 1116

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z 1. Mandate on local agencies or school districts: None. 2. Costs or Savings to any state agency: None. 3. Cost to any local agency or school district that is required to be reimbursed by the state: None. 4. Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Impacts on housing costs: None.

Determination of Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including their Ability to Compete ABC has made an initial determination that the adop- tion of this regulation will have negligible economic impact on businesses that do not violate the law. The laws that ABC seeks to enforce via the proposed regula- tion are laws to which businesses are already subject. The proposed action only lays out the process by which ABC will investigate potential violations and seek en- forcement of these same laws.

There is no foreseeable impact on businesses based on the process laid out in the proposed regulation. Results of the Economic Impact Assessment: ABC concludes that it is (1) unlikely that the proposal will eliminate any jobs, (2) unlikely that the proposal will create an unknown number of jobs, (3) unlikely that the proposal will create an unknown number of new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the pro- posed regulations will result in the expansion of busi- nesses currently doing business within the state.

ABC does anticipate the proposed regulations will al- low increased public health, safety, and welfare from a better check upon ABC licensees furnishing alcohol to persons under 21 years of age. It will provide clarity to both law enforcement officers, ABC licensees, and the public of the regulatory procedure to implement minor decoy operations for the delivery of alcoholic bever- ages in the state. This proposed regulation will further ABC’s mission, which is to protect the public health, safety, and welfare through licensing alcohol business- es and enforcing legislative standards.

Additionally, it will promote more safety, as well as consistent enforce- ment of these laws throughout the state. Description of All Economic Impacts That a Representative Private Person or Business Would Necessarily Incur in Reasonable Compliance with the Proposed Action ABC has made the determination that the adoption of this regulation will have negligible economic impact on a representative private person or business that does not violate the law. The laws that ABC seeks to enforce via the proposed regulation are laws to which persons and businesses are already subject.

The proposed action on- ly lays out the process by which ABC will investigate potential violations and seek enforcement of these same laws. There is no foreseeable impact on representative private persons or businesses based on the process laid out in the proposed regulation. Thus, ABC is not aware of any cost impacts that a rep- resentative person or business would necessarily incur in reasonable compliance with the proposed action. The Need to Require Report from Businesses The proposed regulation does not require any reports from ABC licensees or any other business.

CONSIDERATION OF ALTERNATIVES ABC has determined that no reasonable alternative considered by ABC would be more effective in carrying out the purpose for which the action is proposed. Utiliz- ing minor decoys would be as effective as and less bur- densome to affected private persons and would be more cost−effective to affected private persons and equally effective in implementing statutory policies or other provisions of law. ABC invites interested persons to present statements or arguments with respect to alterna- tives to the proposed regulation during the written com- ment period.

Agency Contact Persons Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419−8958 or designated backup contact Sonny Bains, Associate Governmental Program Analyst, Law and Policy Unit, (916) 285−0891. Availability of documents The ABC prepared an Initial Statement of Reasons for the proposed action.

Copies of the Initial Statement of Reasons, and the full text of the proposed regulations may be accessed on ABC’s website listed below or may be obtained from the Regulations and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, on or after August 7, 2020. The ABC staff has compiled a record for this rule- making action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

Change to the proposed full text of the regulation action If there is any change to the proposed full text of the regulatory action in a substantial or sufficiently related way, it will be made available for comment for at least 1117

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z 15 days prior to the date on which the department adopts the resulting regulation. Final statement of reasons availability Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from the department contact persons in this notice or may be ac- cessed on ABC’s website listed below. Internet Access This notice, along with the full text of the proposed regulations, is available at https://www.abc.ca.gov/ law−and−policy/regulations−rulemaking/ TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 275, 702, 7071 and 8587.1 of the Fish and Game Code and to im- plement, interpret or make specific sections 200, 205, 265, 270, 275, 702, 1802, 7071, 8585.5, 8587, 8587.1, and 8588, of the Fish and Game Code; Title 50, Code of Federal Regulations,

Part 660, Subpart G; and

Section 27.20, Title 14, California Code of Regulations (CCR), proposes to amend sections 27.30, 27.35, 27.45, 28.27, 28.28, 28.54, 28.55, 28.65, and 150.16, Title 14, CCR, relating to recreational and commercial fishing regula- tions for federal groundfish and associated species for consistency with federal rules in 2021 and 2022. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Biennially, the Pacific Fishery Management Council (PFMC) reviews the status of west coast groundfish populations.

As part of that process, it recommends groundfish fisheries harvest limits and regulations aimed at meeting biological and fishery allocation goals specified in law or established in the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). These recommendations coordinate west coast man- agement of recreational and commercial groundfish fisheries in the Exclusive Economic Zone (EEZ) (three to 200 miles offshore) off Washington, Oregon and Cal- ifornia.

These recommendations are reviewed by the National Oceanic and Atmospheric Administration (NOAA) Fisheries for legal sufficiency and compliance with the standards of the Magnuson−Stevens Fishery Conservation and Management Act (MSA), and other federal laws, and if approved they are subsequently im- plemented as ocean fishing regulations by NOAA Fisheries. Regulatory authority for most nearshore stocks is shared jointly between state and federal governments.

For consistency, the Commission routinely adopts reg- ulations to bring state law into conformance with feder- al law for groundfish and other federally managed species. Nearshore stocks are managed based on PFMC−established federal annual catch limits (ACL). Current regulations establish recreational season lengths, depth constraints, methods of take, and size, bag and possession limits within the five groundfish management areas for all federal groundfish and associ- ated species and special gear restrictions for lingcod and groundfish species in the Rockfish/Cabezon/ Greenling complex.

Current state regulations also include trip limits for the commercial cabezon and greenling fisheries.

SUMMARY OF PROPOSED AMENDMENTS The Department of Fish and Wildlife (Department) is proposing the following regulatory changes to be con- sistent with PFMC recommendations from its June 18, 2020 meeting for federal groundfish regulations in 2021 and 2022. This approach will allow the Commis- sion to adopt state recreational groundfish regulations to timely conform to those taking effect in federal ocean waters in January 2021. The proposed regulatory action will implement the following changes: 1.

Increase the allowable depth for the recreational groundfish fishery in the Mendocino Groundfish Management Area from 20 to 30 fathoms; 2. Increase the allowable depth for the recreational groundfish fishery in the San Francisco Groundfish Management Area from 40 to 50 fathoms; 3. Increase the allowable depth for the recreational groundfish fishery in the Southern Groundfish Management Area from 75 to 100 fathoms; 4. Increase the recreational bag limit for lingcod from one to two fish in the Mendocino, San Francisco, Central, and Southern Groundfish Management Areas; 5.

Increase the recreational bag limit for cabezon from three to 10 fish within the RCG bag limit of 10 fish; 6. Increase the recreational bag limit for canary rockfish from two to 10 fish within the RCG bag limit of 10 fish; 7. Increase the recreational bag limit for black rockfish from three to 10 fish within the RCG bag limit of 10 fish; 8. Decrease the recreational bag limit for vermilion rockfish from 10 to five fish within the RCG bag limit of 10 fish; 9. Add method of take restriction for California scorpionfish; 1118

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z 10. Increase commercial trip limits for cabezon from 500 to 1,000 pounds, and greenling from 250 to 500 pounds every two months; 11. Update authority and reference citations. BENEFITS OF THE PROPOSED REGULATIONS The benefits of the proposed regulations are consis- tency with federal law, sustainable management of groundfish resources and promotion of businesses that rely on recreational and commercial groundfish fishing.

CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations. The Legis- lature has delegated authority to the Commission to adopt fishing regulations (Fish and Game Code, sec- tions 200, 205 and 8587.1).

The proposed regulations are consistent with regulations for fishing in marine protected areas (Section 632, Title 14, CCR), with Nearshore Fishery Management Plan regulations (sec- tions 52.00 through 52.10, Title 14, CCR) and with gen- eral fishing regulations in Chapters 1, 4 and 6 of Subdi- vision 1 of Division 1, Title 14, CCR. Commission staff has searched the California Code of Regulations and has found no other state regulations related to the take of groundfish.

PUBLIC PARTICIPATION NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a webinar/teleconference hearing to be held on Wednesday, August 19, 2020, at 10:00 a.m., or as soon thereafter as the matter may be heard. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916−653−4899.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a webinar/teleconference hearing to be held on Wednesday, October 14, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard. Instruc- tions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916−653−4899. It is requested, but not required, that written com- ments be submitted on or before October 1, 2020, at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed or emailed to the Com- mission office must be received before 12:00 noon on October 9, 2020. All comments must be received no later than October 14, 2020, during the webinar/ teleconference hearing. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244−2090. If you would like copies of any modifications to this proposal, please include your name and mailing address.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Executive Director, Fish and Game Commission, 1416 Ninth Street, P.O. Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Sherrie Fonbuena at FGC@fgc.ca.gov or at the preceding ad- dress or phone number. Senior Environmental Scien- tist Kevan Urquhart, Department of Fish and Wildlife, Kevan.Urquhart@wildlife.ca.gov or (707) 494−4621, has been designated to respond to ques- tions on the substance of the proposed regulations.

A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: 1119

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. No significant changes in fishing effort and fishing expenditures are expected as a direct result of the proposed regulation changes. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any significant impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California.

No significant changes in fishing effort and fishing expenditures to businesses are expected as a direct result of the proposed regulation changes. The Commission anticipates benefits to the health and welfare of California residents. Participation in sport fisheries fosters conservation through education and appreciation of California’s wildlife. The Commission does not anticipate any benefits to worker safety. The Commission anticipates benefits to the environment by the sustainable management of California’s sport and commercial fishing resources. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective as and less burdensome to affected pri- vate persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 16.

SPEECH−LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD NOTICE IS HEREBY GIVEN that the Speech− Language Pathology and Audiology and Hearing Aid Dispensers Board (Board) is proposing to take the ac- tion described in the Informative Digest, below. No public hearing has been scheduled on the pro- posed action. However, any interested person or such person’s duly authorized representative may request, no later than 15 days prior to the close of the written com- ment period, a public hearing pursuant to Government Code

section 11346.8. Written comments, including those sent by mail or e−mail to the addresses listed un- der Contact Person in this Notice, must be received by the Board at its office no later than 5:00 p.m. on Sep- tember 22, 2020. The Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any proposal with changes sufficiently related to the original text will be available for 15 days prior to its adoption from the per- son designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have request- ed notification of any changes to the proposal. 1120

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z Authority and Reference: Pursuant to the authority vested by Business and Professions Code

section 2531.95 and 2538.1(a), to implement, interpret or make specific sections 163.5, 2532.6(f), 2534.2, 2535, 2535.2, 2538.1, 2538.53, 2538.54, and 2538.57 of the Business and Professions Code, the Board is consider- ing changes to Division 13.4 of Title 16 of the Califor- nia Code of Regulations as outlined below. INFORMATIVE DIGEST The Board is authorized by Business and Professions Code (BPC)

section 2531.95 to adopt regulations nec- essary to implement the Speech−Language Pathology and Audiology and Hearing Aid Dispensers Licensure Act.

Additionally, pursuant to BPC sections 2531.95, 2534.2, and 2538.1, the Board has the statutory authori- ty to collect fees to carry out its consumer protection mandate, support the functions of the Board as they re- late to regulating speech−language pathologists, audi- ologists, dispensing audiologists, speech−language pathology assistants, speech−language pathology aides, audiology aides, required professional experi- ence temporary licensees and temporary licensees, and maintain an adequate balance in its contingency fund. The following substantive changes are being proposed:

Section 1399.157 The regulatory proposal sets forth the fees for speech−language pathologists, audiologists, dispens- ing audiologists, speech−language pathology assis- tants, and other Board fees. The proposed regulation would increase the application and biennial renewal fees for speech−language pathologists and audiologists from $60.00 to $150.00. The proposed regulation would also establish an application fee of $50.00 for speech−language pathology assistants and a biennial re- newal fee of $100.00. The proposal would increase the fee for registration of an aide from $10.00 to $30.00.

Additionally, the proposed regulation would establish a delinquency fee of $25.00, a fee of $25.00 for a license status and history certification letter, and a fee of $25.00 for a duplicate wall certificate.

Section 1399.170.13 The regulatory proposal sets forth the process for ap- plying for registration as a speech−language pathology assistant. The proposed regulation will remove the ap- plication and registration fee from this section.

Section 1399.170.14 The regulatory proposal sets forth the process for re- newing a speech−language pathology assistant registra- tion. The proposed regulation will remove the renewal fee from this section. POLICY STATEMENT OVERVIEW The Board regulates approximately 30,000 licensees in the practices of speech−language pathology, audiolo- gy, and hearing aid dispensing. Through this rulemak- ing, the Board proposes to amend

section 1399.157 of the California Code of Regulations to increase applica- tion and renewal fees. This proposal is necessary to en- sure sufficient resources are available to maintain the Board’s operations and meet its consumer protection mandate. BPC

section 2531.02 specifies protection of the pub- lic must be the highest priority for the Board in exercis- ing its licensing, regulatory, and disciplinary functions. ANTICIPATED BENEFITS OF PROPOSAL This regulatory proposal would allow the Board to maintain current operations and provide for a modest reserve for economic uncertainties. Without sufficient funding levels the Board will not be able to carry out its mandate to protect the health, safety, and welfare of California consumers.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS After conducting a review for any regulations that would relate to or affect this area, the Board evaluated this regulatory proposal and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Cost/Savings in Federal Funding to the State: The Board indicates any workload and costs related to implementing the proposed regula- tions will be absorbed within existing resources.

The Board estimates the proposed regulations will increase revenues by approximately $495,305 per year, elimi- nate any structural imbalance, and begin to build a pru- dent fund balance reserve. The Board does not anticipate any impact on federal funding. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. 1121

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z Business Impact: The Board has made an initial de- termination that this regulatory proposal would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Persons or Business: There will be a cost impact on a representa- tive private person or business associated with the in- creased application and renewal fees and other miscel- laneous fees for speech−language pathologists, audiol- ogists, and speech−language pathology assistants. The Board anticipates the proposed fees will increase annual industry costs by approximately $495,305 per year. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Board has de- termined that this regulatory proposal will not have a significant impact on the creation of jobs or new busi- nesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California because this regulatory proposal will increase fees for individual licensees, which only impacts individuals, not businesses.

Effect on Small Business: The Board has determined that this regulatory proposal will not impact small busi- nesses in the State of California because this regulatory proposal will increase fees for individual licensees, which only impacts individuals, not businesses.

Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: As stated above, the benefits of the regu- lations’ increase in fees will be to maintain current Board operations and reserves in order to carry out the Board’s mandate to protect the health, safety, and wel- fare of California consumers. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Board must determine that no rea- sonable alternative considered by the Board or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based. TEXT OF THE PROPOSAL Copies of the exact language of the proposed regula- tions and of the initial statement of reasons, and all the information upon which the proposal is based, may be obtained upon request from the Speech−Language Pathology and Audiology and Hearing Aid Dispensers Board at 2005 Evergreen Street, Suite 2100, Sacramen- to, CA 95815.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of rea- sons, once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: 1122

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z Name: Cherise Burns, Assistant Executive Officer Address: 2005 Evergreen Street, Suite 2100 Sacramento, CA 95815 Telephone No.: (916) 561−8779 E−Mail Address: SpeechandHearingRegulations@dca.ca.gov The backup contact person is: Name: Paul Sanchez, Executive Officer Address: 2005 Evergreen Street, Suite 2100 Sacramento, CA 95815 Telephone No.: (916) 263−2909 E−Mail Address: SpeechandHearingRegulations@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.speechandhearing.ca.gov/board_ activity/lawsregs/proposed_regulations.shtml.

TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 PROPOSED AMENDMENTS TO

ARTICLE 5 EXTENT OF EXPOSURE ADOPTION OF

SECTION 25505 EXPOSURES TO LISTED CHEMICALS IN COOKED OR HEAT PROCESSED FOODS NOTICE IS HEREBY GIVEN that the Office of En- vironmental Health Hazard Assessment (OEHHA) pro- poses to amend Title 27, California Code of Regula- tions, by adopting

Section 25505 Exposures to Listed Chemicals in Cooked or Heat Processed Foods.1 Some chemicals on the Proposition 65 list that are found in food are formed by the cooking or heat processing of the food. The presence of these chemicals can be unavoid- able, but levels can be reduced in many circumstances. Taking this into account, the proposed regulation lays out what constitutes a Proposition 65 exposure that 1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated otherwise. would compel warning for listed chemicals that are formed in food by cooking or heat processing, in a new

Section 25505. PUBLIC PROCEEDINGS Written Comment Period Any written comments concerning this proposed reg- ulatory action, regardless of the form or method of transmission, must be received by OEHHA no later than October 6, 2020, the designated close of the writ- ten comment period. Due to the COVID−19 emergency, OEHHA is providing a longer period than required un- der the Administrative Procedure Act. All written com- ments will be posted on the OEHHA website at the close of the public comment period.

Because of limited in−office staffing during the COVID−19 emergency, OEHHA strongly recom- mends that the public submit written information elec- tronically, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments. Comments submit- ted in paper form can be mailed, faxed, or delivered in person to the address below, but delays may occur if staff are unable to timely access them. All non−electronic submissions should be directed to: Monet V ela Office of Environmental Health Hazard Assessment 1001 I Street, 23 rd Floor P.O.

Box 4010 Sacramento, California 95812−4010 Telephone: 916−323−2517 Fax: 916−323−2610 OEHHA is subject to the California Public Records Act and other laws that require the release of certain in- formation upon request. If you provide comments, please be aware that your name, address, and e−mail may be available to third parties. Public Hearing A public hearing on these proposed regulatory amendments will only be scheduled upon request. The hearing would be web−based due to the COVID−19 emergency 2. To request a hearing, send an e−mail to Monet Vela at monet.vela@oehha.ca.gov or to the ad- dress listed above.

The request must be received no later than September 21, 2020. If such a request is made, OEHHA will e−mail a notice of the hearing to the re- quester and interested parties, and the notice will be posted on OEHHA’s web site at least ten days before the public hearing date. The notice will provide the date, time, and information for accessing the hearing. 2 Executive Orders N−25−20 and N−29−20. 1123

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z CONTACT Please direct inquiries concerning the proposed regu- latory action described in this notice to Monet Vela at (916) 323−2517, or by e−mail to monet.vela@oehha. ca.gov. Mario Fernandez is a back−up contact person for inquiries concerning processing of this action and is available at (916) 323−2635 or mario.fernandez@ oehha.ca.gov AUTHORITY Health and Safety Code

section 25249.12. REFERENCE Health and Safety Code sections 25249.5, 25249.6, 25249.9, 25249.10 and 25249.11. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BACKGROUND OEHHA is the lead agency that implements Proposi- tion 65 3 and has the authority to promulgate and amend regulations to further the purposes of the Act.

Proposi- tion 65 prohibits a person in the course of doing busi- ness from knowingly and intentionally exposing any in- dividual to a chemical that has been listed as known to the state to cause cancer or reproductive toxicity with- out first giving clear and reasonable warning to such in- dividual 4. An exemption from the warning requirement is provided by the Act when the exposure for which the person is responsible can be demonstrated to fall below significant levels5.

Besides these statutory exemptions, in certain situations, regulatory exceptions have been adopted for specific types of exposure as specified in

Article 5. Currently there are regulatory exceptions from the warning requirement for exposures to natural- ly occurring chemicals in food 6, specific concentrations of naturally occurring arsenic in rice 7, and for certain 3 Health and Safety Code

section 25249.5 et seq., The Safe Drink- ing Water and Toxic Enforcement Act of 1986, commonly known as “Proposition 65”. Hereafter referred to as “Proposition 65” or “the Act”. 4 Health and Safety Code

section 25249.6. 5 Health and Safety Code

section 25249.10: for carcinogens, the exposure poses no significant risk, and for reproductive toxicants will have no observable effect assuming exposure at one thousand (1000) times the level in question. 6 Title 27, Cal. Code Regs.,

section 25501. 7 Title 27, Cal. Code Regs.,

section 25501.1. exposures to listed chemicals in water8 or air9. Recog- nizing the desirability of incentivizing businesses to re- duce levels of these chemicals in foods, the proposed regulation would create an exception from the warning requirement for listed chemicals in food that are un- avoidably created during cooking or heat processing, and that have been reduced to the lowest level currently feasible.

SPECIFIC BENEFITS OF THE PROPOSED REGULATIONS This proposal will further the statutory purposes of Proposition 65 by providing more certainty to business- es, incentivize them to lower the concentration levels in foods when feasible, encourage consistency and pre- dictability and ensure that warnings will be given for the foods causing the highest levels of exposure.

This will allow consumers to identify foods with significant, avoidable levels of listed chemicals created during cooking or heat processing, while mitigating against a proliferation of warnings on many foods with lower, unavoidable levels of these chemicals. NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS OEHHA has conducted an evaluation and has deter- mined that

Article 5, including

Section 25505, is the on- ly regulation concerning exposure exemptions under Proposition 65. Therefore, the proposed regulatory ac- tion is neither inconsistent nor incompatible with any other existing state regulations. The action does not change the existing warning requirements on business- es subject to Proposition 65 or state or local agencies, and does not address compliance with any other law or regulation.

LOCAL MANDATE/FISCAL IMPACT Because Proposition 65 by its terms 10 does not apply to local agencies or school districts, OEHHA has deter- mined the proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. OEHHA has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regula- tory action, nor will there be any costs or savings to the 8 Title 27, Cal. Code Regs., sections 25502 and 25503. 9 Title 27, Cal. Code Regs.,

section 25504. 10 See Health and Safety Code

section 25249.11(b). 1124

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z state or in federal funding to the state because of the pro- posed regulatory action. EFFECT ON HOUSING COSTS OEHHA has initially determined that the proposed regulatory action will have no effect on housing costs because it does not impose any significant new require- ments on any business.

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

section 11346.3(b)) OEHHA finds there will be no economic impact re- lated to the proposed regulatory action. The new regula- tion would not impose any new costs because it is pro- viding an exception to the warning requirement when listed chemicals in food that result from necessary cooking or heat processing are reduced to the lowest feasible level, and in the case of acrylamide, are below the specified concentration levels in certain foods.

The action would not alter the requirement to provide a warning under the Act nor impose any new require- ments on businesses but instead would provide addi- tional guidance as to when a warning is required. Creation or Elimination of Jobs within the State of California The proposed regulatory action will not impact the creation or elimination of jobs within California. The proposed regulation will help businesses comply with the requirements of Proposition 65 by establishing fea- sible concentration levels for chemicals formed in foods by cooking or heat processing.

Creation of New Businesses or Elimination of Existing Businesses within the State of California The proposed regulatory action will not impact the creation of new businesses or the elimination of exist- ing businesses within California. The proposed regula- tion will help businesses comply with the requirements of Proposition 65 by establishing feasible concentration levels for chemicals formed in foods by cooking or heat processing.

The Expansion of Businesses Currently Doing Business within the State OEHHA does not anticipate any major impact on the expansion of businesses currently doing business with- in the state. The proposed regulation will help business- es comply with the requirements of Proposition 65 by establishing feasible concentration levels for chemicals formed in foods by cooking or heat processing.

BENEFITS OF THE PROPOSED REGULATION OEHHA has concluded that the public would benefit from the proposed regulatory action because sound considerations of public health support the establish- ment of feasible concentration levels for chemicals un- avoidably formed in foods by cooking or heat process- ing. OEHHA recognizes the importance of promoting healthy eating choices and the important role a balanced diet plays in promoting and maintaining optimal health.

This regulatory action will protect the health and wel- fare of the California public by incentivizing businesses to reduce levels of certain listed chemicals in their food products, as well as avoid consumer confusion that could result from a proliferation of warnings on foods. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS OEHHA is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed regu- latory action. The action does not impose any new re- quirements upon private persons or businesses.

EFFECT ON SMALL BUSINESSES The proposed regulatory action will not adversely impact very small businesses because Proposition 65 is limited by its terms to businesses with 10 or more em- ployees. 11 CONSIDERATION OF ALTERNATIVES Pursuant to Government Code

section 11346.5(a)(13), OEHHA must determine that no rea- sonable alternative considered by OEHHA, or that has otherwise been identified and brought to the attention of OEHHA, would be more effective in carrying out the purpose for which Proposition 65 is proposed, would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law. 11 Health and Safety Code

section 25249.11(b). 1125

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA has prepared and has available for public re- view an Initial Statement of Reasons for the proposed regulation, all the information upon which the regula- tion is based, and the text of the proposed regulation. These documents are available on OEHHA’s web site at www.oehha.ca.gov.

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

Copies of the notice and the changed regulation will also be available on the OEHHA web site at www.oehha.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons may be ob- tained, when it becomes available, from Monet Vela at the e−mail or telephone number indicated above. The Final Statement of Reasons will also be available on OEHHA’s web site at www.oehha.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR Castlerock Family Farms Cannabis Outdoor Cultivation Project 2080−2020−003−05 Santa Barbara County The California Department of Fish and Wildlife (CDFW) received a notice on July 21, 2020 that Castle- rock Family Farms II, LLC proposes to rely on a consul- tation between federal agencies to carry out a project that may adversely affect a species protected by the Cal- ifornia Endangered Species Act (CESA). The proposed project involves the planting cannabis in three separate field areas.

Proposed activities will include, but are not limited to, installation of drip irrigation, soil tilling, placement of plastic sheeting, soil fertilization, and planting of cannabis plants. The proposed project will occur at 2200 W. Highway 246, Buellton, CA The U.S.

Fish and Wildlife Service (Service) issued a federal incidental take permit (Permit Number: TE78196D−0) (ITP) under the General Conservation Plan (GCP) for Cultivation Activities in Santa Barbara County to Castlerock Family Farms II, LLC on July 6, 2020 which considered the effects of the proposed project on state threatened and federally endangered Santa Barbara County distinct population segment of California tiger salamander ( Ambystoma californiense). Pursuant to California Fish and Game Code

section 2080.1, Castlerock Family Farms II, LLC is requesting a determination that the ITP under the associated GCP is consistent with CESA for purposes of the proposed project. If CDFW determines the ITP under the associ- ated GCP are consistent with CESA for the proposed project, applicant name will not be required to obtain an incidental take permit under Fish and Game Code sec- tion 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR Cultivation Project at 7369 Highway 246 2080−2020−004−05 Santa Barbara County The California Department of Fish and Wildlife (CDFW) received a notice on July 21, 2020 that Sun Valley Ranch, LLC proposes to rely on a consultation with a federal agency to carry out a project that may ad- versely affect a species protected by the California En- dangered Species Act (CESA). The proposed project involves a cannabis cultivation project on 70 acres of active agricultural land.

Proposed activities will in- clude, but are not limited to, disking and tilling of agri- cultural fields, use of drip irrigation, use of hoop struc- tures, and planting of cannabis plants both in ground and in pots or grow bags. The proposed project will oc- cur at 7369 Highway 246, Lompoc, CA The U.S. Fish and Wildlife Service (Service) issued a federal incidental take permit (Permit Number: TE78131D−0) (ITP) under the General Conservation 1126

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z Plan (GCP) for Cultivation Activities in Santa Barbara County to Sun Valley Ranch, LLC on July 2, 2020 which considered the effects of the proposed project on state threatened and federally endangered Santa Bar- bara County distinct population segment of California tiger salamander (Ambystoma californiense). Pursuant to California Fish and Game Code

section 2080.1, Sun Valley Ranch, LLC, is requesting a deter- mination that the ITP under the associated GCP is con- sistent with CESA for purposes of the proposed project. If CDFW determines the ITP under the associated GCP are consistent with CESA for the proposed project, ap- plicant name will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

File Number 2020−0720−01 BOARD OF FORESTRY AND FIRE PROTECTION Emergency Fire Safe Regulations Applicability This emergency action by the Board of Forestry and Fire Protection amends the applicability of its State Re- sponsibility Area Fire Safe regulations to exempt the re- construction or repair of legally constructed homes damaged by wildfire under certain conditions and the creation of accessory or junior accessory dwelling units, as specified.

Title 14 AMEND: 1270.02, 1270.04, 1270.05, 1271.00 Filed 07/27/2020 Effective 07/27/2020 Agency Contact: Edith Hannigan (916) 862−0120 File Number 2020−0612−01 CALIFORNIA COASTAL COMMISSION Annual increase to permit fees & major public works threshold This action by the California Coastal Commission makes changes without regulatory effect to adjust the threshold amount to qualify as a major public works or energy project and the fees for permit applications and other filings. Title 14 AMEND: 13012(a), 13055(a),(b),(e),(

f) Filed 07/23/2020 Agency Contact: Robin Mayer (415) 904−5220 File Number 2020−0615−01 DENTAL HYGIENE BOARD OF CALIFORNIA Sponsored Free Health Care Events — Requirements for Exemption Business and Professions Code

section 901, which was repealed by its own terms operative January 1, 2018, created an exemption from the licensure and reg- istration requirements for a health care practitioner li- censed or in good standing in another state or states who offers or provides health care services for which he or she is licensed or certified through a sponsored event. As changes without regulatory effect, in response to the repeal of Business and Professions Code

section 901, the Dental Hygiene Board of California is repealing regulations pertaining to sponsored events. Title 16 REPEAL: 1149, 1150, 1151, 1152, 1153 Filed 07/27/2020 Agency Contact: Adina Pineschi−Petty (916) 516−5537 File Number 2020−0706−02 DEPARTMENT OF CORRECTIONS AND REHABILITATION Inmate Authorized Personal Property In this emergency of operational necessity, the De- partment of Corrections and Rehabilitation is amending the list of facility exemptions for allowable personal property.

Title 15 AMEND: 3000, 3006, 3044, 3133, 3190, 3314, 3315, 3323 Filed 07/23/2020 Effective 07/23/2020 Agency Contact: Rosie Ruiz (916) 445−2244 File Number 2020−0612−02 DEPARTMENT OF MOTOR VEHICLES Traffic Violator Schools In these changes without a regulatory effect, the De- partment amends its regulations to conform its forms OL 704 and OL 25E, incorporated by reference, with Vehicle Code

section 11202, subdivision (a)(6). 1127

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z Title 13 AMEND: 345.65, 345.66 Filed 07/27/2020 Effective 07/27/2020 Agency Contact: Randi Calkins (916) 657−8898 File Number 2020−0728−01 DEPARTMENT OF PUBLIC HEALTH Reportable Disease Changes The request of the Department of Public Health to file with the Secretary of State and print in the California Code of Regulations (CCR) amendments to Title 17 CCR sections 2500 and 2505 regarding reportable dis- eases, pursuant to Health and Safety Code

section 120130, is granted. Title 17 AMEND: 2500, 2505 Filed 07/28/2020 Effective 07/28/2020 Agency Contact: Linda M. Cortez (916) 440−7807 File Number 2020−0624−02 FAIR POLITICAL PRACTICES COMMISSION Disqualification Requirements This action repeals and adopts disqualification re- quirements for conflicts of interest of officials making decisions in public meetings.

Title 2 ADOPT: 18707 REPEAL: 18707 Filed 07/23/2020 Effective 08/22/2020 Agency Contact: Amanda Apostol (916) 322−5660 File Number 2020−0624−03 FAIR POLITICAL PRACTICES COMMISSION Sponsored Committees This request by the Fair Political Practices Commit- tee to file with the Secretary of State and print in the Cal- ifornia Code of Regulations an amendment to the defi- nition of the term “sponsor” in Title 2 California Code of Regulations

section 18419(a)(2)(A), and to make other non−substantive changes to this regulation, is granted. Title 2 AMEND: 18419 Filed 07/24/2020 Effective 08/23/2020 Agency Contact: Amanda Apostol (916) 322−5660 File Number 2020−0624−01 FAIR POLITICAL PRACTICES COMMISSION Limited Liability Companies This action by the Fair Political Practices Commis- sion adopts regulations regarding responsible officers of, and reporting contributions from, limited liability companies.

Title 2 ADOPT: 18402.2, 18421.10 Filed 07/22/2020 Effective 08/21/2020 Agency Contact: Amanda Apostol (916) 322−5660 File Number 2020−0618−04 OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD Rules of Practice and Procedure In this regular rulemaking, the Occupational Safety and Health Appeals Board (the “Board”) is amending and repealing regulations to: (1) distinguish between a docketed and a perfected appeal; (2) transfer responsi- bility for providing copies of appealed citations from the employer to the Division of Occupational Safety and Health (the “Division”); (3) allow an employer’s appeal to be docketed, without first being perfected, when the employer provides the Board with certain ba- sic information; (4) revise notification requirements; and (5) repeal a regulation that required the Division to provide employers with copies of all documents and ev- idence in the Division’s possession within a specified 30−day period.

Title 8 AMEND: 347, 359.1, 361.3, 372.2, 373 REPEAL: 372.9 Filed 07/22/2020 Effective 10/01/2020 Agency Contact: Aaron Jackson (916) 274−5751 File Number 2020−0619−03 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Elevators for Hoisting Workers This action requires that for any building or structure designed to be 60 or more feet in height, an elevator for hoisting workers must be installed at the time the build- ing or structure reaches 36 feet in height.

Title 8 AMEND: 1630 Filed 07/27/2020 Effective 07/27/2020 Agency Contact: Christina Shupe (916) 274−5721 File Number 2020−0721−02 STATE A THLETIC COMMISSION Resiliency Procedures In this emergency regulatory action, the Commission adopts a regulation to establish procedures to hold com- 1128

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 32-Z bative sporting events during the state of emergency stemming from the infectious disease, Novel Corona Virus 19 (COVID−19), declared by the State of Califor- nia as a public health emergency.

Title 4 ADOPT: 299.5 Filed 07/22/2020 Effective 07/22/2020 Agency Contact: Sophia Cornejo (916) 662−4622 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. 1129