California Regulatory Notice Register — Register 2023, No. 22-Z (NE 2, 2023)
Cal. Reg. Notice Reg. 2023, No. 22
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 22-Z PU BLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JU NE 2, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0523–07 ........................................ 713 AMENDMENT MULTI–COUNTY: Laguna Irrigation District Southern Humboldt Community Healthcare District Special District Risk Management Authority Superior California Economic Development District STATE AGENCY: California Department of Human Resources ADOPTION MULTI–COUNTY: California Statewide Automated Welfare System East Bay Community Energy Authority TITLE 2.
CALIFORNIA CONSERV ATION CORPS Conflict–of–Interest Code — Notice File Number Z2023–0523–08 ......................................... 714 TITLE 2. DEPAR TMENT OF HUMAN RESOURCES Conflict–of–Interest Code — Notice File Number Z2023–0519–04 ......................................... 715 TITLE 2. CALIFORNIA CULTURAL AND HISTORIC ENDOWMENT Conflict–of–Interest Code — Notice File Number Z2023–0523–03 ......................................... 715 TITLE 4. DEPAR TMENT OF ALCOHOLIC BEVERAGE CONTROL On–Sale Licenses for Boats — Notice File Number Z2023–0518–02 ....................................... 716 TITLE 10.
DEPAR TMENT OF CONSUMER AFFAIRS License Requirements — Notice File Number Z2023–0519–02 ............................................ 718 (Continued on next page)
TITLE 10. DEPAR TMENT OF INSURANCE Medicare Supplement New or Innovative Benefits — Notice File Number Z2023–0523–05 ...................... 722 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Tractor Operations and Cable Yarding Amendments, 2023 — Notice File Number Z2023–0523–02 ............... 726 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Maximum Sustained Production Amendments, 2023 — Notice File Number Z2023–0523–01 .................... 730 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Ford Definition Amendment, 2023 — Notice File Number Z2023–0522–04 .................................. 734 TITLE 14.
CALIFORNIA COASTAL COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0522–02 ......................................... 738 TITLE 14. NATURAL RESOURCES AGENCY Conflict–of–Interest Code — Notice File Number Z2023–0518–01 ......................................... 738 TITLE 14. FISH AND GAME COMMISSION Special Hunts Permits and Drawings — Notice File Number Z2023–0519–05 ................................ 739 TITLE 22.
DEPAR TMENT OF HEALTHCARE ACCESS AND INFORMATION Health Care Payments Data Program Data Use, Access, and Release — Notice File Number Z2023–0522–03 ................................................................................. 742 GENERAL PUBLIC INTEREST OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ........................................................ 745 DECISION NOT TO PROCEED COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amendment of Commission Regulations 1070 and 1802 .................................................. 746 PETITION DECISION OFFICE OF THE STATE FIRE MARSHAL Regarding Petition from Sprinkler Fitters Association of California ........................................ 746
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 747 The California Regulatory Notice Register is an offi cial state publication of the Offi ce of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].
It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 713 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FA IR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government 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: Lag una Irrigation District So uthern Humboldt Co mmunity Healthcare D istrict Sp ecial District Risk Ma nagement Authority Sup erior California Economic Dev elopment District STATE AGENCY: Ca lifornia Department of Hu man Resources ADOPTION MULTI–COUNTY: Ca lifornia Statewide Au tomated Welfare System Ea st Bay Community Energy Au thority A written comment period has been established commencing on June 2, 2023 and closing on July 17, 2023.
Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes 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 pri- or to the close of the written comment period, a public hearing before the full Commission.
If a public hear - ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code
Section 87302, employees who must disclose certain 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 person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.
Any writ - ten comments must be received no later than July 17, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government 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.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 714 CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency.
Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103. TITLE 2. CA LIFORNIA CONSERVATION CORPS NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Conservation Corps, pursuant to the authority vested in it by
section 87306 of the Government Code, pro - poses amendment to its conflict–of–interest code. A comment period has been established commencing on June 2, 2023 and closing on July 17, 2023. All inqui- ries should be directed to the contact listed below. The California Conservation Corps proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: Additions: ● Associate Construction Analyst – newly added classification from the Capital Outlay Unit. ● Business Service Officer (BSO) – this classifica- tion is always considered when hiring an Admin- istrative Officer I (AOI).
In the past, a BSO has been hired in replace of an AOI. ● Associate Governmental Program Analyst (AGPA) (Purchaser), Special Projects – added to reflect the one AGPA position in the Special Proj- ects Unit that conducts purchasing for the unit. ● Information Technology Manager I – revised to include all levels. ● Staff Services Manager I (Business Services) – revise to include all levels. Deletions: ● Energy Program Development Director – classi - fication no longer exists at the CCC. ● Career Executive Assignment – ○ Deputy Director – removed Energy as this classification no longer exists at the CCC.
Technical Changes: ● Chief Deputy Director – modify the title to reflect as Senior (Chief) Deputy Director. ● Career Executive Assignment – ○ Revise the title of Chief Admin Svs to Admin Services. ○ Revise the title Chief Lead Counsel to Lead Counsel. ● Conservation Supervisor – Revised Conserva - tion Supervisor to Conservationist Supervisor. ● Information Technology Supervisor II – revised to include all levels. Information on the code amendment is available on the agency’s intranet site and/or attached to this email.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 17, 2023, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 2, 2023. The California Conservation Corps has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school district that are required to be reimbursed un- der
Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Ava Loe, COI Filing Officer, (916) 313– 6598, Ava.Loe@ccc.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 715 TITLE 2. DE PARTMENT OF HUMAN RESOURCES NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Depart - ment of Human Resources pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on June 2, 2023 and closing on July 17, 2023. All in - quiries should be directed to the contact listed below. The Department of Human Resources proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: 1. Added new Divisions; 2. Moved designated positions into their rightful new Divisions; 3. Added/Deleted/Renamed designation positions; 4. Amended categories in designated positions, and other technical changes (grammatical corrections). Information on the code amendment is available on the agency’s intranet site and attached to this email.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 17, 2023, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 2, 2023. The Department of Human Resources has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school district that are required to be reimbursed un- der
Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Aicha Nakamura, CalHR Training Manager, (916) 445–9904, Aicha.Nakamura@CalHR. ca.gov. TITLE 2.
CA LIFORNIA CULTURAL AND HISTORIC ENDOWMENT NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Cultural and Historical Endowment, pursuant to the authority vested in it by
section 87306 of the Govern - ment Code, proposes amendment to its conflict–of–in- terest code. A comment period has been established commencing on June 2, 2023 and closing on July 17, 2023. All inquiries should be directed to the contact listed below. The California Cultural and Historical Endowment, proposes to amend its conflict–of–interest code to in - clude employee positions that involve the making or participation in the making of decisions that may fore- seeably have a material effect on any financial inter - est, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: Add new positions CEA, SSM I and AGPA which all participate in making governmental decisions on grant awards. The positions of Associate Parks and Rec Specialist and Associate Governmental Program Analyst are filled by CA Natural Resources employ - ees, but act in a staff capacity for the Endowment and also makes other technical changes. Information on the code amendment is attached to this email.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 17, 2023, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 2, 2023. The California Cultural and Historical Endowment has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school dis- trict that are required to be reimbursed under
Part
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 716 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Becki Abrams, Grant Administrator, 916–902–6354 and becki.abrams@resources.ca.gov. TITLE 4.
DE PARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING ABC has not scheduled a public hearing on this proposed action. However, the department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period.
WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to ABC. The written comment period closes at 12 p.m. on July 18, 2023. 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 Comments may also be submitted by email to rpu@ abc.ca.gov, please include “Boat Licenses” in the sub- ject line of your email.
AUTHORITY AND REFERENCE Authority: Sections 23320, 23321.6, 23321.7, and 25750, Business and Professions Code. Reference: Sections 23397, 23800, 23985, 23986, 24040, and 25753 Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action is in response to a peti - tion that ABC received from stakeholders requesting amendments to Rule 55.5. The petition was made spe- cifically to address restrictions to the sale of alcohol with respect to the hours of operation of boats while docked.
Additional amendments are included to com - ply with current rulemaking standards and clarify in - teractions of the regulation with further laws changing the privileges of other on–sale alcoholic beverage li - censes and clarify noticing requirements in an appli - cation for these license types.
Summary of Existing Laws and Regulations Current law authorizes ABC to issue alcoholic bev- erage licenses to a lessee or operator of a boat carry - ing passengers for hire under certain circumstances outlined in the ABC Act. Alcoholic beverages may be served only when the vessels are in the operation of transporting passengers with a limited exception im - mediately prior and after a voyage. Licensed vessels are currently authorized to sell alcohol to passengers and off duty employees one–half hour prior, during, and one–half hour after returning from scheduled trips.
Alcohol is not permitted to be sold at any other time while the licensed boat is docked. Licensees may also designate yearly up to ten other docks in addi - tion to their home port where they may exercise this privilege. Additionally, the current regulation requires appli - cants for these licenses are to post notice of the intent to sell alcohol in specific and conspicuous locations both on the dock at the primary home port as well as on the vessel. Notice on the boat is not required if the boat is under construction or is being constructed.
Summary of Effect The proposed regulations seek to accomplish two objectives. This regulation aims to address the con - cerns of the business that petitioned the ABC to pro - mulgate new regulations to extend the hours of service for boats. This change creates consistency between boat license terms and other similar entertainment li - censes. Additionally, this proposed regulation seeks to amend Rule 55.5 to clarify commonly used terms and make it consistent with current statutory and regulato- ry standards.
Comparable Federal Statute or Regulations ABC has determined that this proposed regula - tion does not have a comparable federal statute or regulation. Policy Statement Overview The mission of ABC is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement. This
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 717 proposed regulation supports the commitment that ABC has to its licensees by working to alleviate and end economic harms boat licensees faced during and after the COVID–19 Pandemic. This regulatory change is like other recent statutory changes the legis- lature has authorized to foster the recovery of on–sale licensees from the economic distress of the pandemic.
By unifying the limitations on time before and after events for boats, theaters, and other entertainment venues, it simplifies enforcement and public under - standing of all alcoholic beverage licensees while con- tinuing to protect the public safety. Benefits Anticipated This proposed regulation may provide an economic benefit to ABC licensed businesses, and certainly the request was made to seek a better economic recovery for the boating industry post–pandemic.
Implement - ing this regulation may provide benefits to the busi - nesses that utilize alcohol licenses for boats and their passengers by increasing the time that passengers can enjoy alcoholic beverages. This would provide addi - tional time for concession sales and could generate higher profits. This regulation also benefits Californians and busi - nesses by clarifying commonly used industry terms and specifying privileges of alcohol licenses for boats, there is an increase in openness and transparency of the law for Californians and business owners.
Determination of Inconsistency/Incompatibility with Existing State Regulations ABC reviewed the existing state regulations and statutes currently enforced and has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. Effect Upon Small Businesses in California Although licensees are often small business own - ers, this proposed regulation will have negligible reg - ulatory effect on them. In the wake of the Covid–19 pandemic, many businesses that rely on alcohol sales suffered greatly.
It is anticipated that there may be a benefit of slightly greater income to small business - es that utilize alcohol licenses for boats providing for additional time for concessions including alcoholic beverages. DISCLOSURES REGARDING THE PROPOSED ACTION The ABC has made the following initial determinations: 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. Cost impacts on housing costs: None. DETERMINATION OF SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The ABC has made an initial determination that the adoption of this regulation will not have a significant statewide adverse economic impact directly affecting business, including the ability to compete.
RESULTS OF THE ECONOMIC IMPACT ASSESSMENT ABC concludes that it is (1) unlikely that the propos- al will eliminate any jobs, (2) that the proposal will not likely create additional jobs, (3) that the proposal will not likely create additional new businesses, (4) unlike- ly that the proposal will eliminate any existing busi - nesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state, (6) unlikely that the proposal will impact worker safety.
ABC has determined that the proposed regulation has no effect upon the current health and welfare of California residents. ABC has determined this proposed regulation will have no effect upon the environment. Cost Impacts on Representative Person or Business The ABC is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. The Need to Require Report from Businesses The proposed regulation does not require any re - ports from ABC licensees or any other business.
It does require the keeping of records in compliance with the ABC Act to ensure the extended hours are not being abused and can be enforced and restricted by actual scheduled voyages. CONSIDERATION OF ALTERNATIVES ABC considered three main alternatives for the re - quest by the industry for extended hours of alcoholic beverage sales and service. The most restrictive al - ternative excluded any extension of sales or service.
This would restrict boats or vessels from extending the sales and service of alcohol from the current al - lowance, which is one–half hour before, during, and one–half hour after a scheduled voyage. While this option would simplify the execution of the regulation,
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 718 the industry has requested an exception to account for unexpected docking for inclement weather or other unforeseen causes. This restriction could potentially limit some economic growth in the industry, especial- ly in an industry that was significantly harmed during the recent pandemic. The second alternative considered by ABC would align the sales and service of alcohol with the current hours of service for certain theaters with performanc - es.
The period for sales and service of alcohol would be limited to two hours before departing, during, and one hour after returning to the designated commer - cial dock. These limitations are consistent with other entertainment venues allowed through the ABC Act. The extended hours requested by the industry con - sisted of two hours prior to departing, during, and two hours following the scheduled return. This is an extra hour after an event that is not afforded to any other ABC licensee by either statute or regulation.
ABC does not see any reason or necessity to give more time to the licenses under this regulation than to others es - tablished by the legislature. ABC must determine that no reasonable alternative considered by the department, or may be brought to the attention of the department, would be more effec - tive in carrying out the purpose for which the action is proposed, or would be as effective and less burden - some to effected private persons, than the proposed action, or would be more cost–effective to effected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
ABC invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation during the written comment period. AGENCY CONTACT PERSON Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419–8958, (designated backup contact) Sarah Easter, Associate Governmental Program Analyst, Law and Policy Unit, (916) 823–1310 or via email at rpu@abc.ca.gov. 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 regula - tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len- nane Drive, Suite 100, Sacramento, CA 95834, on or after June 2, 2023. ABC staff has compiled a record for this rulemak - ing 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 regulation action in a substantial, or sufficiently relat - ed way, it will be made available for comment for at least 15 days prior to the date on which the department adopts the resulting regulation. FINAL STATEMENT OF REASONS A V AILABILITY 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 accessed on ABC’s website listed below.
INTERNET ACCESS This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the Final Statement of Reasons, when completed, are available on ABC’s website for this rulemak - ing at https://www.abc.ca.gov/law–and–policy/ regulations–rulemaking/ . TITLE 10. DE PARTMENT OF CONSUMER AFFAIRS PROFESSIONAL AND VOCATIONAL REGULATIONS
CHAPTER 6.5 BUREAU OF REAL ESTATE APPRAISERS NOTICE OF PROPOSED REGULATORY ACTION CONCERNING: LICENSE REQUIREMENTS NOTICE IS HEREBY GIVEN that the Bureau of Real Estate Appraisers (hereafter Bureau) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.
However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or the interested person’s authorized representative, no later than 15 days prior to the close of the written comment period.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 719 A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Person” in this notice. WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than 5:00 p.m. on Tuesday, July 18, 2023, or must be received by the Bureau at the hearing, should one be scheduled.
AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 11313, 11314, 11327 and 11340 of the Business and Profes - sions Code (BPC), and to implement, interpret, or make specific BPC sections 11340 and 11341, the Bu- reau is considering amending sections 3541 and 3568 of title 10 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau of Real Estate Appraisers (Bureau) is - sues licenses to applicants who meet the minimum requirements for licensure, which includes an experi - ence requirement.
For trainee licenses, these minimum requirements also include an educational requirement. This regulatory proposal will allow a new path for licensees to meet part or all of their experience re - quirements. Currently, applicants must be trained by appraisers to gain the experience hours necessary to obtain a license. This new path will allow applicants to complete a Practical Applications of Real Estate Ap - praisal (PAREA) program approved by the Appraisal Qualifications Board (AQB) to satisfy part or all their experience requirement depending on the PAREA program completed and license level sought.
A PAR - EA program is designed to offer practical experience in a simulated and controlled virtual environment. A PAREA program will include mentors and partici - pants will demonstrate to their mentor that they have satisfied the training objectives. This new path will allow those interested in a Residential (AL) license or Certified Residential (AR) license without access to an appraiser outside of a PAREA program to gain the experience necessary to become a licensed appraiser. This regulatory proposal will also reduce the educa- tional requirement for trainee licenses from 150 hours to 75 hours.
Currently, trainees complete the same education as residential (AL) license applicants. The Bureau believes this is not necessary for a trainee (AT) license. The minimum federal requirement is 75 hours for a trainee license and the Bureau believes this is an appropriate level of education. Currently, trainees can upgrade to a residential license without complet - ing additional education. While this is a common path, those upgrading to a certified general license will have taken residential courses that do not apply to the certi- fied general license.
This can discourage people from obtaining a trainee license as half of their educational hours will not apply to the certified general license. Another reason for this proposal is the Bureau seeks to reduce barriers for trainees licensed outside of Cal - ifornia to become licensed in California. If the trainee comes from a state that adheres to the federal min- imum education requirements, the applicant would need to complete 75 additional residential education- al hours to obtain a trainee license in California.
For these reasons, the Bureau seeks to reduce its trainee educational requirement from 150 hours to 75 hours. Lastly, this regulatory proposal seeks to align the Bureau’s experience credit requirements for all license types with AQB Criteria (The Real Property Apprais - er Qualification Criteria and
Interpretation of the Criteria, January 2022, Page 43,
section (F), Generic Experience Criteria) by allowing practicum courses to satisfy 100 percent of the non–client experience re- quirement for all license types by eliminating the lan - guage “no more than 50 percent of the total minimum experience requirement.” Anticipated Benefits of Proposal This regulatory proposal will allow those without access to appraisers outside of a PAREA program to become licensees and will encourage more individu - als to apply for the AT license. This regulatory proposal does not affect the health and welfare of California residents, worker safety, or the state’s environment.
Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Bureau has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither duplicative, inconsis- tent, nor incompatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION The Bureau has made the following initial determinations: FISCAL IMPACT ESTIMATES The proposed regulations are anticipated to increase licensing and enforcement workload and costs to the Bureau.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 720 Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies Costs/Savings in Federal Funding to the State: Licensing Costs: The Bureau estimates AT licens - ing costs ranging from $40,176 to $144,036 per year and up to $1,068,040 over ten–year period. The Bureau estimates AL and AR licensing costs ranging from $11,160 to $57,320 per year and up to $342,400 over ten–year period. Enforcement Costs: The Bureau anticipates addi - tional enforcement–related costs to regulate the addi - tional licensees.
Based on historical data the Bureau estimates approximately 3 percent of licensees will have a complaint filed against them, which would re - sult the number of enforcement–related cases ranging from 1 to 4 cases per year. The Bureau notes, enforcement–related workload and costs typically take up to two or more years to materialize due to the complaint, investigation, and adjudication process. As a result, enforcement–related workload and costs are projected to begin no earlier than year three of implementation.
The Bureau estimates enforcement costs of $18,000 per case, plus $10,000 in Attorney General and $5,000 Office of Administrative Hearings costs or total costs of $33,000 per case, which would result in costs rang- ing from $33,000 (1 case) to $132,000 (4 cases) per year. Revenues: The regulations are projected to increase initial and biennial renewal license fee revenues as follows: Appraisal Trainee: Revenues are projected to range from $33,480 to $109,980 per year and up to $835,900 over a ten–year period.
Residential Licensee & Certified Residential: Revenues are projected to range from $10,200 to $50,200 per year and up to $302,000 over a ten–year period. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None.
RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: BUSINESS IMPACT ESTIMATES The Bureau has made the initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. The appraiser regulatory program is under a nation - al umbrella, so adopting the AQB criteria for trainee education requirements is conforming to a national standard that does not disadvantage the Bureau.
As to adopting PAREA, it is an additional pathway/option for licensure that other states may or may not adopt. Impact on Jobs/Businesses The Bureau has determined that this regulatory proposal will not have any significant impact on the creation of jobs or new businesses, or the elimination of jobs or existing businesses, or the expansion of businesses in the State of California, other than the creation of jobs for individuals who may not other - wise qualify to be a licensee under the current license requirements.
Benefits to the health and welfare of California residents The regulatory proposal benefits the health and welfare of California residents because it adds a new pathway to licensure and aligns California regulations with the federal minimum requirements. This propos - al will create new appraisers to serve the residents of California. The regulatory proposal benefits do not affect work- er safety because it addresses licensing requirement and does not address worker safety.
The regulatory proposal benefits do not affect the state’s environment because it addresses licensing re - quirement and does not address worker safety. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Bureau. Effect on Small Business The amendments are intended to reduce barriers to licensure and anticipated to increase the number of initial trainee (AT), licensed residential (AL) and cer - tified residential (AR) applicants per year.
As a result, the proposed regulations will help to improve individ- ual professional opportunities by increasing the AT, AL, and AR licensee populations. Cost Impact on Representative Private Person or Business The Bureau estimates the proposed regulations will increase license applications and result in economic impacts as follows: Appraisal Trainee: The regulations are estimat - ed to result in an increase of 116 Appraisal Trainee (AT) applications in year–one of implementation and 36 annually thereafter.
Applicants will be required to pay initial license fees of $930 and biennial renewal fees of $850, plus continuing education fees of $658 (28 hours @ $23.50) biennially, which would result in costs ranging from approximately $33,480 to $169,200 per year and up to $1,163,200 over a ten–year period.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 721 Residential Licensee & Certified Residential: The regulations are estimated to result in an increase of four Residential Licenses (AL) and six Certified Resi- dential (AR) applications per year. Applicants will be required to pay initial license fees of $1,035 (AL) and $1,010 (AR) and biennial renewal fees of $955 (AL) and $1,050 (AR), plus continuing education fees of $658 (28 hours @ $23.50) biennially, which would re- sult in costs ranging from approximately $10,200 to $76,520 per year and up to $433,600 over a ten–year period.
Significant Effect on Housing Costs: None. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), the Bureau must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to affected private per - sons and equally effective in implementing the statu- tory policy or other provision of law.
Any interested person may submit comments to the Bureau in writing relevant to the above determina- tions at 3075 Prospect Park Drive, Suite 190, Rancho Cordova, CA 95670. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.
TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Bureau at 3075 Prospect Park Drive, Suite 190, Rancho Cordova, CA 95670.
AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.
With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations 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 Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.
CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Whitney Spatz Address: Bureau of Real Estate Appraisers 3075 Prospect Park Drive, Suite 190 Rancho Cordova, CA 95670 Telephone Number: (916) 610–9927 Email: whitney.spatz@brea.ca.gov The backup contact person is: Name: Mary Ann Lopez Address: Bureau of Real Estate Appraisers 3075 Prospect Park Drive, Suite 190 Rancho Cordova, CA 95670 Telephone Number: (916) 440–7876 Email: maryann.lopez@brea.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions the Ini - tial Statement of Reasons, and the text of the regula - tions can be accessed through the Bureau’s website at https://www.brea.ca.gov/html/Rulemaking.html.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 722 TITLE 10. DE PARTMENT OF INSURANCE MEDICARE SUPPLEMENT NEW OR INNOV ATIVE BENEFITS REG–2022–00011 SUBJECT OF PROPOSED RULEMAKING Notice is given that California Insurance Commis - sioner Ricardo Lara proposes to add Title 10,
Chapter 5, Subchapter 2,
Article 1.6,
section 2220.59 (“Notice of New or Innovative Benefits”), pursuant to the au- thority granted by Insurance Code
section 10192.91 after considering any comments from the public. PUBLIC HEARING At this time, no public hearing is scheduled con - cerning the proposed regulations. However, any per - son, or the person’s duly authorized representative, may request a public hearing pursuant to Government Code
section 11346.8; such request for public hearing must be made no later than 15 days prior to the close to the written comment period. PRESENTATION OF WRITTEN COMMENTS; CONTACT PERSON All persons are invited to submit written comments on the proposed regulations during the public com- ment period. The last day of the public comment pe - riod shall be July 18, 2023.
Please direct all written comments to the following contact person: Lucas Young, Attorney California Department of Insurance 1901 Harrison Street, 6th Floor Oakland, CA 94612 Telephone: (415) 538–4352 Email: lucas.young@insurance.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.
In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Ethan Lavelle, Attorney III California Department of Insurance 300 Capitol Mall, Suite 1700 Sacramento, CA 95814 Telephone: (916) 492–3648 Email: ethan.lavelle@insurance.ca.gov Please note that under the California Public Records Act (Government Code
Section 6250, et seq.), your written and oral comments, and associated contact in - formation (e.g., your address, phone number, e–mail, etc.) become part of the public record and can be re - leased to the public upon request. DEADLINE FOR WRITTEN COMMENTS All written materials must be received by the Insur- ance Commissioner, addressed to the contact person at the address listed above by the end of July 18, 2023. Any written materials received after that time may not be considered.
COMMENTS TRANSMITTED BY E–MAIL The Commissioner will accept written comments transmitted by email, provided they are sent to the fol- lowing email address: lucas.young@insurance.ca.gov. Comments sent to other e–mail addresses will not be accepted. Comments sent by e–mail are subject to the deadline set forth above for written comments. AUTHORITY AND REFERENCE The Commissioner proposes to add Title 10, Chap - ter 5, Subchapter 2,
Article 1.6,
section 2220.59 pursu- ant to the authority granted by Insurance Code
section 10192.91. The proposed adoption will implement, interpret, and make specific the provisions of Insurance Code
section 10192.91. INFORMATIVE DIGEST
Summary of Existing Law Insurance Code
section 10192.91(f)(1) allows an is- suer of Medicare Supplement insurance (“issuer”) to offer plans with new or innovative benefits in addition to standardized Medicare Supplement benefits. Pur - suant to Insurance Code
section 10192.91(f)(1), new or innovative benefits shall include only benefits that are appropriate to Medicare supplement insurance, are new or innovative, are not otherwise available, and are cost–effective, but shall exclude an outpatient pre- scription drug benefit. Insurance Code
section 10192.91(f)(2) states that in the interest of full and fair disclosure, and to ensure the availability of necessary consumer information to current and prospective policyholders and certificate holders, the Department shall collaborate with the De- partment of Managed Health Care, consumer group representatives, and issuers to develop and implement policies and procedures, as necessary, including the development and dissemination of information and
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 723 material about any new or innovative benefits ap - proved for sale. Pursuant to this mandate and the authority provid - ed in Insurance Code
section 10192.91(f)(3), the De - partment issued a guidance on June 30, 2020. The guidance included a standardized Notice of New or Innovative Benefits that an issuer must complete and provide to current and prospective policyholders and certificate holders to inform them of the issuer’s Medi- care Supplement plans with new or innovative benefits and of the new or innovative benefits covered under those plans.
The guidance required a Notice of New or Innovative Benefits to contain specified information, including descriptions of all new or innovative ben - efits covered under a plan, any limitations that apply to those benefits, out–of–pocket costs for each new or innovative benefit, and the annual premium applica - ble to the new or innovative benefits. The guidance also required issuers to attach the Notice of New or Innovative Benefits to the annual notice of open en - rollment that is sent to current policyholders and cer - tificate holders of any of the issuer’s Medicare Sup - plement plans.
Finally, the guidance required issuers to provide the Notice of New or Innovative Benefits to a prospective policyholder or certificate holder at any time an application for Medicare Supplement is presented to that person. Pursuant to Insurance Code
section 10192.91(f)(3), the guidance expired on De - cember 31, 2022. Effect of Proposed Action The requirements of the proposed regulations are similar to the requirements of the guidance which ex - pired on December 31, 2022. The Department seeks to adopt the proposed regulations to ensure that consum- ers continue to benefit from the receipt of information about Medicare Supplement plans with new or inno - vative benefits. Although they are similar, the proposed regulations improve upon the guidance.
Where the proposed regu- lations provide identical requirements to the guidance, the proposed regulations use more precise language to improve clarity. Also, the proposed regulations pro - vide different requirements than the guidance in some ways. For example, the guidance required a Notice of New or Innovative Benefits to include the issuer’s con- tact information but did not specify the types of con- tact information that must be included. The proposed regulations specify that a Notice of New or Innova - tive Benefits must include, at a minimum, the issuer’s mailing address and telephone number.
This change provides clarity and ensures that all Notices of New or Innovative Benefits include common forms of con- tact information. Another example is the format of the table within the Notice of New of Innovative benefits that lists each new or innovative benefit and the out– of–pocket cost for each benefit. The guidance required that the table include separate columns displaying the out–of–pocket costs for in–network and out–of–net - work benefits regardless of whether the plan utilizes a network of providers.
The proposed regulations differ from the guidance by requiring issuers to remove a column when it is necessary to accurately represent a plan that does not use a network of providers. Comparable Federal Law After evaluation of current federal regulations and statutes, the Department has determined that there are no existing comparable federal regulations or statutes.
Policy Statement Overview The broad objectives of the proposed regulations are to ensure that current and prospective policyholders and certificate holders of Medicare Supplement insur- ance are notified of the existence of, and details con - cerning, plans with new or innovative benefits so that they may make informed decisions about which Medi- care Supplement plans are right for them.
The antici - pated benefits of the proposed regulations are: ● Enhancing openness and transparency by provid- ing consumers necessary information that details new or innovative benefits included in Medicare Supplement insurance plans offered by health in- surance companies. ● Promoting openness and transparency by facil - itating side–by–side comparisons by consumers among Medicare Supplement plans with respect to new or innovative benefits offered. ● Protecting the public health by making it easier for consumers to know what health benefits are available so that they may enroll in plans that best meet their health care needs. ● Promoting fairness for individuals considering new or innovative treatments by requiring insur - ers to detail out–of–pocket cost information. ● Promoting openness and transparency by detail - ing the extra premium cost of insurance due to the policy providing new or innovative benefits. ● Fostering competition among disability insurers, and health care service plans, that offer or provide Medicare Supplement plans that include new or innovative benefits, and/or stand–alone disabil - ity insurance products, by requiring insurers to state the total premium for such Medicare Sup - plement plans and detail the additional out–of– pocket costs relating to each new or innovative benefit.
Consistency or Compatibility with Existing State Regulations The Department has conducted an evaluation of existing law and determined that the proposed regu- lations are not inconsistent or incompatible with any existing state regulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 724 OTHER STATUTORY REQUIREMENTS The Department evaluated whether there were other requirements prescribed by statute applicable to these regulations by reviewing statutes and regulations re - lating to this issue, and determined that there were no such requirements. LOCAL MANDATE The Department has determined that the proposed regulation will not impose a mandate on a local agen - cy or school district that requires reimbursement pur - suant to Government Code
section 17500 et seq. FISCAL IMPACT There is no anticipated fiscal impact on the Depart - ment, and there are no costs or savings to any other State agencies. There is no cost to any local agency or school district for which
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code would require reimbursement. There are no other non- discretionary costs or savings to local agencies, nor do the regulations impose a cost or savings in federal funding to the state. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The Department has made an initial determination that the adoption of this regulation may have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.
The only type of business that would be directly af - fected is health insurance companies. The proposed regulations require certain insurance companies to use a standardized notice to inform consumers about Medicare Supplement plans with new or innovative benefits. The Department has considered proposed alternatives that would lessen any adverse economic impact on business and invites you to submit addition- al proposals. Submissions may include the following considerations:
(1) The establishment of differing compliance or re - porting requirements or timetables that take into account the resources available to businesses.
(2) Consolidation or simplification of compliance and reporting requirements for businesses.
(3) The use of performance standards rather than prescriptive standards.
(4) Exemption or partial exemption from the regula - tory requirements for businesses. POTENTIAL COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS The Department is not aware of any cost impacts that a representative private person would necessari - ly incur in reasonable compliance with the proposed regulations. Reasonable compliance with the proposed regula- tions requires a representative health insurer to pro - vide specified notices to consumers.
Such communi - cations from the insurer are assumed to occur through U.S. mail, and it is assumed that the insurer would include the notices with other required mailings. The proposed regulations are expected to require one im- pacted insurer to mail up to 82,200 notices, annually. The Department is unable to determine how the in- clusion of these notices will impact the bulk postage costs of existing insurer mailings. As a proxy, the fol- lowing cost estimate assumes that the increase in post- age due to the proposed regulation will not exceed the cost of standard First–Class Mail delivery.
As a result, the Department estimates that reasonable compliance with the proposed regulations will result in a direct cost to a representative health insurer of no more than $49,300 (82,200 x $0.60), annually. 1 BUSINESS REPORT The Commissioner has found that it is necessary for the health and welfare of the people of the state that the regulation applies to business.
STATEMENT OF RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Economic Impact on Jobs, Businesses, and the State Economy The Department evaluated the potential changes in economic variables, including output and employment, which could result from the proposed regulation. Em - ployment and total output effects were assessed using the Regional Input–Output Modeling System (RIMS II) multipliers. 2 The RIMS multipliers are used to es - 1 United States Postal Service lists the price of mailing a fi rst– class letter as $0.60. https://www.usps.com/ship/first–class–mail. htm. Accessed August 4, 2022. 2 U.S.
Department of Commerce, Bureau of Economic Analy - sis: Table 1.5 Regional Input–Output Modeling System (RIMS II) Multipliers (2012/2020). RIMS II multipliers calculate how changes in economic activity result in new rounds of spending. For example, building a new road requires increased production of asphalt and concrete, causing an increase in mining. Work - ers who benefit from increased hours will spend more, perhaps by eating out or seeing a movie. RIMS multipliers estimate that a new $1 million road creates 8.6 new jobs and increases total output by $1.9 million.
Similarly, a decrease in initial economic activity will lead to a decrease in jobs and total output.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 725 timate the economic impacts resulting from changes to demand and work best as a modeling tool during periods of economic stability. The RIMS model is de- pendent on assumptions that predict how households and businesses will react to economic stimuli. The impact of major events that cause supply shocks to the economy are not modeled by RIMS, and may result in changes to the initial demand assumptions.
Creation or Elimination of Jobs within the State The job impact estimates are based on aggregated data presented as full–time equivalents, not necessar - ily full–time jobs. Insurers are expected to incur ad - ditional expenses related to the requirement that they continue providing consumers the Notice of New or Innovative Benefits. The job impacts for insurers were calculated using the RIMS II multipliers for insurance carriers. The RIMS II employment multiplier for In- surance carriers, except direct life insurance is 7.1279.
This is a ratio of 7.1279 jobs lost throughout California for every one million dollars in added costs. The ratio multiplied by the estimated total direct cost of the reg- ulation ($49,300), equals the projected number of jobs lost, which is 0.3 (7.1279 x $0.049 million). The proposed regulation is expected to have a min- imal effect on total statewide employment.
According to the Department of Finance, the projected total non- farm employment for 2024 is nearly 18.1 million in California. 3 When dividing the projected number of jobs lost by the projected number of people employed in nonfarm jobs in California, the result is that the proposed regulations would not affect even one hun - dred–thousandth of a percent of the projected total nonfarm employment in California (0.3 / 18,095,259 = 0.000002%). Creation of New Businesses or the Elimination of Existing Businesses, and the Expansion of Businesses To address Government Code sections 11346.3(b)(1) (
B) and (
C) and determine the effect of the proposed regulation on the creation of new businesses, the elim- ination of existing businesses, and the expansion of businesses within the state, the Department uses a broad approach. Factors affecting the creation, elim - ination, and expansion of businesses are intertwined and very similar, so they are analyzed together. The Department calculated the effect of the regula- tion on California’s economic output. Output measures the total market value, including the value of all inter- mediary goods and services, used in the production of a final good or service.
The RIMS II multiplier for output of 1.9410 represents a $1.94 million total eco - 3 California Department of Finance. http://dof.ca.gov/forecasting/ Economics/economic–forecasts–u–s–and–california/ California Labor Force and Employment May Revise 2022–23. Accessed June 14, 2022. nomic impact (accounting for all direct, indirect, and induced costs/benefits) for every one million dollars of direct impact on insurers. Multiplying the direct cost of the regulation by the RIMS II output multiplier re - sults in an estimated loss to economic output of up to $95,100 (1.9410 x $0.049 million).
The calculated impact on total output represents a very small share of California’s total economic out - put. This suggests that the regulation will have very little impact on insurers and the California economy as a whole. The regulation is not likely to lead to a measurable impact on the creation or elimination of existing businesses, or the ability of existing business- es to expand. Health and Welfare Effects, the Impact on Worker Safety and Environmental Effects The Department also assessed whether, and to what extent, the proposed regulation might affect the other criteria set forth in Government Code
section 11346.3(b)(1)(D). Worker Safety and Environmental Effects Compliance with the proposed regulation does not change the job responsibilities of employees in the af- fected industries in a way that would impact their safe- ty. Thus, the proposed regulation will neither increase nor decrease worker safety. The Department also con- cludes that there will be no measurable effect on the state’s environment.
Health and Welfare Effects Adoption of the proposed regulations is expected to result in a benefit to the health and welfare of Califor- nians by providing consumers information in a clear and transparent format. This detailed information makes it easier for consumers to know what health benefits are available and will help individuals enroll in plans that best meet their health care needs.
IMPACT ON SMALL BUSINESS The Department has determined the proposed ac - tion will not affect small business because the regula - tions apply only to the conduct of insurers doing busi- ness in California, and pursuant to Government Code
section 11342.610(b)(2), an insurer by definition is not a small business. EFFECT ON HOUSING COSTS The Department has determined that the proposed regulation will not have a significant effect on housing costs. ALTERNATIVES STATEMENT The Department must determine that no reasonable alternative considered by the Department or that has
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 726 otherwise been identified and brought to the attention of the Department would be more effective in carry - ing out the purpose for which this action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally eff ective in implementing the statutory policy underlying Insurance Code
section 10192.91. AVAILABILITY OF EXPRESS TERMS (TEXT OF REGULATIONS), INITIAL STATEMENT OF REASONS, AND RULEMAKING FILE The Department will make the express terms of the proposed adoption available to the public for inspec - tion and copying on request to the contact person list - ed above and on its public website. The Department has prepared an Initial Statement of Reasons that describes the reasons for the proposed adoption. The Initial Statement of Reasons will be made available for inspection and copying on request to the contact person listed above and on the Depart - ment’s public website.
The file for this proceeding, which includes a copy of the proposed text of regulation, the Initial Statement of Reasons, the information upon which the proposed action is based, and any supplemental information, including reports, documentation, and other materials related to the proposed action that is contained in the rulemaking file, is available by appointment for in - spection and copying at 300 Capitol Mall, 16th Floor, Sacramento, CA 95814, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. Please di- rect appointment requests to the contact person listed above.
MODIFIED TEXT If the Department adopts a regulation that differs from the one that has originally been made available but is sufficiently related to the original proposed adoption, the full text of the amended regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date the Department adopts the amended regulation. Interested persons should request a copy of the amended regula - tion from the contact person listed above.
AUTOMATIC MAILING A copy of this Notice (including the Informative Di- gest, which contains the general substance of the pro - posed adoption) will be sent to all persons who have previously filed a request with the Department to re - ceive notice of proposed rulemakings. FINAL STATEMENT OF REASONS Upon request, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared pursuant to Government Code
section 11346.9(a). Requests for the Final Statement of Reasons should be directed to the contact person listed above. INTERNET ACCESS Documents concerning proposed regulation, includ- ing the proposed text of regulation and Initial State - ment of Reasons, and are available on the Depart - ment’s website at the following link: https://legaldocs. insurance.ca.gov/publicdocs/RegulationList. TITLE 14.
BO ARD OF FORESTRY AND FIRE PROTECTION TRACTOR OPERATIONS AND CABLE YARDING AMENDMENTS, 2023 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on July 26, 2023, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, RM 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA.
At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written
summary of their statements. Additionally, pursuant to Government Code (GOV) § 11 125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via the online meet - ing platform or telephone conferencing. To partic - ipate via the online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on July 26, 2023, to request a link to the meeting. A link to the
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 727 meeting will also be posted under the “Webinar Infor- mation” heading on the front page of the Board web - site, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on July 27, 2023.
The Board will consider only written comments received at the Board office by that time and those written comments received at the public hearing, in - cluding written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who sub - mit written comments to the Board reference the title of the rulemaking proposal in their comments to facil- itate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O.
Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(A)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations ap - plicable to timber management on state and private timberlands.
PRC § 4551 requires the Board to “…adopt district forest practice rules… to ensure the continuous grow- ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” and PRC § 45 53 requires the Board to con- tinuously review the rules in consultation with other interests and make appropriate revisions.
Furthermore, PRC § 4551.5 requires that these reg- ulations adopted by the Board “…apply to the conduct of timber operations and shall include, but shall not be limited to, measures for fire prevention and control, for soil erosion control, for site preparation that in - volves disturbance of soil or burning of vegetation fol- lowing timber harvesting activities, for water quality and watershed control, for flood control, for stocking, for protection against timber operations that unneces - sarily destroy young timber growth or timber produc - tivity of the soil, for prevention and control of damage by forest insects, pests, and disease…”.
Prior to the 2020 amendment of 14 CCR §§ 914.3(e) [934.3(e), 954.3(e)], the RPF could propose an excep- tion to the prohibition of the use of tractors in Cable Yarding areas under limited, specific circumstances, including areas of insufficient deflection and “long corners” where cable equipment could not reach. The 2020 amendment provided for Tractor Operations in Cable Yarding areas on slopes up to 50% without ac - counting for any of the specific conditions identified in the prior rule.
The problem that this proposed rulemaking aims to address is that the current regulations do not provide the RPF the ability to propose an exception to the lim- itation of tractor operations to 50% slope on areas des- ignated for Cable Yarding. Further, the 2020 change in the rules has created the perception that the regulated public can no longer describe a “Cat–Cable Yarding Option” in Plans where there is uncertainty about the timely availability of cable or tractor operators, and either method is “pre–approved” as long as the oper - ational constraints applicable to each are adhered to.
The purpose of the proposed action is to re–estab - lish the ability for the RPF to propose an exception that would allow for tractor operations in Cable Yard- ing areas on slopes greater than 50% where necessary to meet the objectives of 14 CCR §§ 91 4 [934, 954]. It seeks to establish a clear and comprehensive set of rules for the use of tractor yarding in cable areas, re - moving any ambiguity or confusion that may have ex- isted previously.
This would enable RPFs to propose exceptions to the limits of Tractor Operations where necessary licensed operators to carry out their activi - ties in a more streamlined and effi cient manner, while also ensuring that the relevant environmental require - ments and safety considerations are met. The effect of the proposed action will be to provide simplicity and guidance for the implementation and
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 728 enforcement of regulations governing cable and Trac- tor Operations in logging activities. By establishing clear and inclusive guidelines, the regulatory frame - work will ensure that licensed operators are aware of the permissible practices for conducting Tractor Oper- ations in cable areas. This increased precision will contribute to more ef - fective, safe, and efficient logging practices, benefiting the forest products industry, forestry professionals, and the environment.
The established guidelines will help RPFs make informed decisions regarding the se - lection of appropriate harvesting methods and ensure that Licensed Timber Operators are following regula - tory requirements. This, in turn, will reduce confusion and promote a more consistent approach to harvesting practices. The benefit of the proposed action is to improve reg- ulatory clarity related to the use of tractors in areas designated for Cable Yarding.
This increased clarity will result in better worker safety, particularly in ar - eas where traditional cable operations are particularly dangerous due to challenging terrain or other obsta- cles that make access difficult. In addition, the increased regulatory clarity result - ing from the proposed action will benefit forestry pro- fessionals and other stakeholders. It will enable them to better understand the rules and regulations related to tractor and cable operations, and to operate within a consistent and transparent regulatory framework.
This will promote better communication, cooperation, and coordination among licensed operators and regulato - ry authorities, resulting in more effective and efficient forest management practices. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11 346.5(a)(3)(D) .
State regulations related to the proposed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consisten- cy and compatibility of the proposed action with ex - isting State regulations. Otherwise, Board staff eval - uated the balance of existing State regulations related to the use of cable yarding in timber operations within State regulations that met the same purpose as the pro- posed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor incompatible with existing State regulations.
The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:
Chapter 8,
Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:
Article 4, Subchapters 1, 4, 5, & 6,
Chapter 4, Division 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du- plicates, Federal regulations. There are no comparable Federal regulations related to the definition of “ford” as pertains to timber har - vesting. No existing Federal regulations meeting the same purpose as the proposed action were identified.
OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Government Code. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 729 SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)–(D).
The proposed action: ● Will not create jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11 346.3(b) (1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within Cal - ifornia (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)). The proposed action will re- sult in increased clarity concerning the use of tractor and cable operations.
The use of more precise equipment in such areas will help to min- imize environmental damage and ensure com- pliance with relevant regulations. The proposed action will not affect the health and welfare of California residents or worker safety. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. No adverse impacts are to be expected.
BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement. SMALL BUSINESS (defined in GOV 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):
(1) Is legally required to comply with the regulation;
(2) Is not legally required to enforce the regulation;
(3) Does not derive a benefit from the enforcement of the regulation;
(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.
ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to:
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 730 Board of Forestry and Fire Protection Attention: Andrew Lawhorn Regulations Program P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Mr. Lawhorn is not available is Jane Van Susteren, Regu - lations Coordinator for the Board of Forestry and Fire Protection. Ms. Van Susteren may be contacted at the above address or phone. AVAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16), (18)) All of the following are available from the contact person: 1.
Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2. Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4.
Changed or modified text. After holding the hear- ing and considering all timely and relevant com- ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text—with the changes clearly indicated—available to the public for at least 15 days before the Board adopts the regu - lations as revised.
Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.
FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/proposed–rule– packages/. TITLE 14. BO ARD OF FORESTRY AND FIRE PROTECTION “MAXIMUM SUSTAINED PRODUCTION AMENDMENTS, 2023” NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest.
PUBLIC HEARING The Board will hold a public hearing on July 26, 2023, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, RM 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written
summary of their statements. Additionally, pursuant to Government Code (GOV) § 11 125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via the online meet - ing platform or telephone conferencing. To partic - ipate via the online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on July 25, 2023, to request a link to the meeting.
A link to the meeting will also be posted under the “Webinar Infor- mation” heading on the front page of the Board web - site, no later than 8:00 a.m. the morning of the hearing.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 731 WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on July 27, 2023. The Board will consider only written comments received at the Board office by that time and those written comments received at the public hearing, in - cluding written comments submitted in connection with oral testimony at the public hearing.
The Board requests, but does not require, that persons who sub - mit written comments to the Board reference the title of the rulemaking proposal in their comments to facil- itate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attention: Andrew Lawhorn Regulations Program P.O.
Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551 and 4554.5, Public Resources Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations ap - plicable to timber management on state and private timberlands.
PRC § 4551 describes the mechanism through which forest policy is implemented through the authorization of the Board of Forestry and Fire Protection (Board) to “…adopt district forest practice rules and regula- tions for each district in accordance with the policies set forth in
Article 1 (commencing with
Section 4511) of this
chapter and pursuant to
Chapter 3.5 (commenc- ing with
Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code to ensure the continuous growing and harvesting of commercial forest tree spe- cies and to protect the soil, air, fish, wildlife, and water resources, including, but not limited to, streams, lakes, and estuaries.” PRC § 4553 requires the Board to con- tinuously review those rules in consultation with other interests and make appropriate revisions. PRC § 4 513 clarifies that “It is the intent of the Leg - islature to create and maintain an effective and com - prehensive system of regulation and use of all Timber- lands so as to ensure both of the following: (
a) Where feasible, the productivity of Timberlands is restored, enhanced, and maintained. (
b) The goal of maximum sustained production of high–quality timber products is achieved while giving consideration to values re - lating to sequestration of carbon dioxide, recreation, watershed, wildlife, range and forage, fisheries, re - gional economic vitality, employment, and aesthetic enjoyment.” Current regulation in the Forest Practice Rules ac - counts for possible constraints to timber production due to consideration of other forest values such as “recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment and aesthetic enjoyment” (as listed in §§ 91 3.11(a)(1), 933.11(a)(1), 953.11(a)(1)) but does not account for con- straints to production that result from fire protection activities or the impacts to production from fire dam- age or fire risk.
Over the last several years, large–scale wildfire has become common, with 14 of the 20 largest wildfires in recorded state history occurring within the last decade. Increases in the size and severity of wildfires have caused widespread forest damage, impacting timber production due to immediate damage and long–term impacts on forest growth. Current regulatory require - ments for maximizing forest production of high quali- ty timber products do not account for the increasingly common impacts of catastrophic wildfire on forests. The existing regulatory
definitions of maximum sus - tained production also do not include provisions for fire protection actions such as a linear fuelbreak along a transportation corridor. These fire protection mea - sure may reduce long–term timber yield within the fu- elbreak, but that feature will lessen the risk of wildfire impacts on the adjacent timberlands. The problem is current regulations related to max - imum sustained production of high quality timber products do not address the changing climate and in - creased risk of wildfire which cause widespread forest damage.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 732 The purpose of the proposed action is to specifically address fire protection and fire risk as factors affecting the production of timber products. The effect of the proposed action is to allow for con- sideration of fire risk and fire protection when deter - mining methods for maximum sustained production of high quality timber products.
The benefit of the proposed action is it allows tim - berland owners to account for fire risk and increase fire protection without conflicting with the goal of maximum sustained production of high quality timber products. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11 346.5(a)(3)(D) .
State regulations related to the proposed action were, in fact, relied upon in the de - velopment of the proposed action to ensure the con - sistency and compatibility of the proposed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regulations re - lated to the use of fords in timber operations within State regulations that met the same purpose as the pro- posed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor incompatible with existing State regulations.
The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:
Chapter 8,
Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:
Article 4, Subchapters 1, 4, 5, & 6,
Chapter 4, Division 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du- plicates, Federal regulations. There are no comparable Federal regulations related to the definition of “ford” as pertains to timber har - vesting. No existing Federal regulations meeting the same purpose as the proposed action were identified.
OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Government Code. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency.
HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 733 FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)–(D).
The proposed action: ● Will not create jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11 346.3(b) (1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within Cal - ifornia (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)). The proposed action will re- sult in access to management options for land- scape–level wildfire hazard mitigation.
It allows for forest management that leads to lower–inten - sity wildfire, which will provide for protection of wildlife and plant habitats from high–intensity wildfire, improving environmental outcomes. It provides for worker safety for those workers who work in forests and fight wildfires, as well as po- tentially limiting wildfire smoke impacts to the health of California residents.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement.
SMALL BUSINESS (defined in GOV 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):
(1) Is legally required to comply with the regulation;
(2) Is not legally required to enforce the regulation;
(3) Does not derive a benefit from the enforcement of the regulation;
(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.
ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Andrew Lawhorn Regulations Program P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Mr. Lawhorn is not available is Jane Van Susteren, Regu - lations Coordinator for the Board of Forestry and Fire
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 734 Protection. Ms. Van Susteren may be contacted at the above address or phone. AVAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.
Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.
After holding the hear- ing and considering all timely and relevant com- ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text—with the changes clearly indicated—available to the public for at least 15 days before the Board adopts the regu - lations as revised.
Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.
FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/proposed–rule– packages/. TITLE 14. BO ARD OF FORESTRY AND FIRE PROTECTION FORD DEFINITION AMENDMENT, 2023 DIVISION 1.5,
CHAPTER 4, SUBCHAPTER 1 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on July 26, 2023, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, RM 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written
summary of their statements. Additionally, pursuant to Government Code (GOV) § 11 125.1(b), writings that are public records pursuant to GOV § 11125.1(
a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via the online meet - ing platform or telephone conferencing. To partic - ipate via thew online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on July 26, 2023, to request a link to the meeting.
A link to the meeting will also be posted under the “Webinar Infor- mation” heading on the front page of the Board web - site, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on July 27, 2023.
The Board will consider only written comments received at the Board office by that time and those written comments received at the public hearing, in - cluding written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who sub - mit written comments to the Board reference the title
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 735 of the rulemaking proposal in their comments to fa - cilitate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O.
Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5, 4553, 4561, 4561.5, 4562, 4562.5, 4562.7 and 4591.1, Public Re - sources Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations ap - plicable to timber management on state and private timberlands.
PRC § 4551 requires the Board to “…adopt district forest practice rules… to ensure the continuous grow- ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” of the state and PRC § 4553 requires the Board to continuously review the rules in consultation with other interests and make appropriate revisions.
The North Coast Regional Water Quality Control Board responded to the Board’s 2022 call for Reg - ulatory Review with a request for greater clarity on the definition of the word “ford”, as the ambiguity of the current definition leads to confusion in the plan review process.
The current definition includes any circumstance where the road grade passes through a watercourse channel, including crossings where the road passes through a native watercourse channel, crossings where the roadway is reinforced by rock, and crossings where low water flow passes through a structure below the road while high water flow passes over the road. Some of the allowed forms of construc- tion result in the placement of fill into the watercourse, while others rely on the native surface.
The problem is that the current definition of “ford” lacks regulatory clarity as to the specific type of wa - tercourse crossing in plans, because different types of ford have different levels of impact on watercourses. The purpose of the proposed action is to provide sub–definitions for “ford” to promote clarity as to the type of watercourse crossing in plans. The effect of the proposed action is to provide com- mon vocabulary describing the crossing types that fall under the definition for “ford”. The benefit of the proposed action is a more efficient and effective regulatory scheme.
There is no comparable Federal regulation or statute. Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11 346.5(a)(3)(D) . State regulations related to the proposed action were, in fact, relied upon in the de - velopment of the proposed action to ensure the con - sistency and compatibility of the proposed action with existing State regulations.
Otherwise, Board staff evaluated the balance of existing State regulations re - lated to the use of fords in timber operations within State regulations that met the same purpose as the pro- posed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor incompatible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:
Chapter 8,
Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:
Article 4, Subchapters 1, 4, 5, & 6,
Chapter 4, Division 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du- plicates, Federal regulations. There are no comparable Federal regulations related to the definition of “ford” as pertains to timber har - vesting. No existing Federal regulations meeting the same purpose as the proposed action were identified.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 736 OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of
Section 17556 of the Government Code. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency.
HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).
FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HAVE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development.
STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)–(D).
The proposed action: ● Will not create jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 1 1346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11 346.3(b) (1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within Cal - ifornia (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)). The proposed action will improve clarity in the enforcement of the Forest Practice Rules.
The proposed action will not af - fect the environment of the state, health and wel - fare of California residents or worker safety. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. No adverse impacts are to be expected.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 737 BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement. SMALL BUSINESS (defined in GOV 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):
(1) Is legally required to comply with the regulation;
(2) Is not legally required to enforce the regulation;
(3) Does not derive a benefit from the enforcement of the regulation;
(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.
ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.
CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Ms. Van Susteren is not available is Andrew Lawhorn, Forestry Assistant II for the Board of Forestry and Fire Pro - tection. Mr. Lawhorn may be contacted at the above address or phone.
A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.
Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.
After holding the hear- ing and considering all timely and relevant com- ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text—with the changes clearly indicated—available to the public for at least 15 days before the Board adopts the regu - lations as revised.
Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.
FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/proposed–rule– packages/.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 22-Z 738 TITLE 14. CA LIFORNIA COASTAL COMMISSION NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Coastal Commission, pursuant to the authority vested in it by
section 87306 of the Government Code, pro - poses amendment to its conflict–of–interest code. A comment period has been established commencing on June 2, 2023 and closing on July 17, 2023. All inqui - ries should be directed to the contact listed below. The California Coastal Commission proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: updating designated positions for the current organi - zation, updating the disclosure categories according to FPPC direction, and technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact below.
Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 17, 2023, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 2, 2023. The California Coastal Commission has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un- der
Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Robin Mayer, Senior Attorney, Cali - fornia Coastal Commission, Robin.Mayer@coastal. ca.gov or (415) 904–5220. TITLE 14.
NA TURAL RESOURCES AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Natural Resources Agency, pursuant to the authority vested in it by
section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing Friday, June 2, 2023 and closing on Friday, July 21, 2023. All inquiries should be directed to the contact listed below. The California Natural Resources Agency proposes to amend its conflict–of–interest code to include em - ployee positions that involve the making or participa - tion in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Gov - ernment Code. The amendment carries out the pur - poses of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code primarily include renaming positions in code in accordance with changes that were already made at the California Nat- ural Resources Agency and adding newly created po - sitions to the code.
While other technical changes are made, the disclosure categories did not change for any positions that were already included in the conflict– of–interest code and no existing positions that were not already in conflict–of–interest code were added. Information on the code amendment is attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by sub - mitting them no later than Friday, July 21, 2023, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled.
A person may request a hearing no later than Thursday, July 6, 2023. The California Natural Resources Agency has de - termined that the propose