GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 12−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 20, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0310−05 ....................................... 429 Amendment State Agency: Fiscal Crisis Management and Assistance Team Multi−County: Options for Youth−Duarte Adoption State Agency: California Catastrophe Response Council Multi−County: Opportunities for Learning−Duarte Options for Youth San−Bernardino TITLE 4.

CALIFORNIA HORSE RACING BOARD Suspension of License to Conduct a Race Meeting — Notice File Number Z2020−0310−10 ................... 430 TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM Public Comment — Notice File Number Z2020−0306−02 .............................................. 433 TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT Public List of Certain Port Motor Carriers and Customer Sharing of Liability — Notice File Number Z2020−0310−06 ............................................ 437 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications — Notice File Number Z2020−0310−04 ............................... 442 (Continued on next page) Time- Dated Material

TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Fuel Hazard Reduction Amendments, 2020 — Notice File Number Z2020−0310−03 ......................... 444 TITLE 19. OFFICE OF THE STATE FIRE MARSHAL Building Materials Listings — Fee Increase — Notice File Number Z2020−0305−01 ........................ 448 TITLE 22.

DEPARTMENT OF AGING State Long−Term Care Ombudsman — Notice File Number Z2020−0310−08 ............................... 452 GENERAL PUBLIC INTEREST CALIFORNIA HIGHWAY PATROL Notice of Extension of Written Comment Period Concerning Cannabis Tax Fund Grant Program (Previously Published in Notice Register 2020, Number 9−Z) ...................... 456 DEPARTMENT OF PUBLIC HEALTH Preventive Health and Health Services Block Grant (PHHSBG) Anticipated Funding for Federal Fiscal Year (FFY) 2020 .............................................. 456 FISH AND GAME COMMISSION Notice of Findings for Foothill Yellow−Legged Frog .................................................. 457 OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION 2020 OAL DETERMINATION NUMBER 1(S) —

SUMMARY DISPOSITION Department of Corrections and Rehabilitation, Pleasant Valley State Prison, Titled, “Temperature Changes in Education” ........................................................ 466 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS DEPARTMENT OF REAL ESTATE

Interpretation of who is a “Developer” Under Business and Professions Code and Commissioner’ s Regulation .................................................... 467 DISAPPROV AL DECISION DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Short−Lived Climate Pollutant ................................................................... 468

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 469 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT STATE AGENCY: Fiscal Crisis Management and Assistance Team MULTI−COUNTY: Options for Youth−Duarte ADOPTION STATE AGENCY: California Catastrophe Response Council MULTI−COUNTY: Opportunities for Learning−Duarte Options for Youth San−Bernardino A written comment period has been established com- mencing on March 20, 2020 and closing on May 4, 2020.

Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than May 4, 2020. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. 429

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 4.

CALIFORNIA HORSE RACING BOARD NOTICE OF PROPOSAL TO ADD RULE 1435, SUSPENSION OF LICENSE TO CONDUCT A RACE MEETING The California Horse Racing Board (Board or CHRB) proposes to add the regulation described below after considering all comments, objections or recom- mendations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to add Rule 1435, Suspension of License to Conduct a Race Meeting, to implement a procedure for the Board to follow in suspending a li- cense to conduct a race meeting license when necessary to protect the health and safety of the horse or rider.

The proposed addition of Rule 1435 will establish that the Board may, upon petition, issue an order sus- pending a license to conduct a race meeting or imposing restrictions. The petition shall include documents in support of the petition. Prior to the hearing on the peti- tion, the Board shall notify the licensee in writing at least 24 hours before the hearing. At the hearing, the li- censee will have the opportunity to be represented by counsel, present written evidence and make oral argu- ment. A recording of the proceedings will be made. The Board will have five days following the hearing to issue a decision.

Any decision to suspend a license or impose restrictions shall be reviewed by the Board within 10 calendar days. During the review, the licensee will be afforded the same rights as the initial hearing. Finally, any suspension issued by the Board shall remain in ef- fect until the Board determines that the matters jeopar- dizing the health and safety of the horse or rider at the race meeting have been adequately addressed.

PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, May 21, 2020, or as soon after that as business before the Board will permit, at the Depart- ment of Consumer Affairs’ 1st Floor Hearing Room at 1625 N Market Blvd, Sacramento, California. At the hearing, any person may present statements or argu- ments orally or in writing about the proposed action de- scribed in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes at 11:59 p.m. on May 4, 2020. The Board must receive all comments at that time; however, written comments may still be submitted at the public hearing.

Submit comments to: Robert Brodnik, Staff Counsel California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone (916) 263−6025 Fax: (916) 263−6022 E−Mail: rjbrodnik@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19481.7, 19440 and 19460 Business and Professions Code. Reference: Sections 19481.7, 19440 and 19460 Business and Professions Code. Business and Professions Code sections 19481.7, 19440 and 19460 authorizes the Board to adopt the pro- posed regulations, which would implement, interpret or make specific sections 19481.7 of the Business and Pro- fessions Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Horse Racing Board is vested with the existing authority to grant race meet licenses in the state of California. The Board additionally has the authority 430

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z to enforce compliance with existing regulations by im- posing penalties against the license. The proposed addi- tion of Rule 1435 will establish that the Board may, up- on petition, issue an order immediately suspending a li- cense to conduct a race meeting or imposing restrictions.

Subsection (b)(1) establishes that the petition shall include documents in support of the petition which demonstrate to the satisfaction of the Board that permit- ting the licensee to continue to engage in the licensed activity or permitting the licensee to continue to engage in the licensed activity without restrictions would en- danger the health and safety of the horses or riders that are present at the race meeting. This is necessary to en- sure that the petition is supported with evidence that de- scribes or identifies the dangerous condition or activity.

Subsection (b)(2) provides instances where the health or safety of the horse or rider may be endangered. Instances where this may exist can include, an above− average number of injuries to horses and/or riders par- ticipating in the race meeting, a condition existing with- in the inclosure that is likely to endanger the health and safety of the horse or rider, or for any other reason the Board finds the health or safety of the horse or rider is endangered.

This subsection is necessary to delineate the clear instances where the Board may act to ensure the health and safety or the horse or rider, while still pre- serving the Board’s flexibility to respond to unforeseen conditions that may endanger the health or safety of the horse or rider as they come up. Subsection (c)(1) provides that notice shall be given at least 24 hours before a hearing on the petition to sus- pend or restrict a license. Subsection (c)(2) provides that notice shall be given in writing and may be provid- ed by electronic service, mail, facsimile or electronic mail.

Finally subsection (c)(3) indicates that notice shall be given to the licensee, its designee, or any officer or director associated with the licensee. This is neces- sary to ensure the licensee is aware of the potential ac- tion the Board could take on the license and clarifies the manner in which the Board can provide that notice. The 24 hour notice requirement is necessary to provide the licensee with sufficient notice while still allowing the Board to address the matter effecting the health and welfare of the horse or rider promptly.

Subsection (d)(1) provides the rights of the licensee at the hearing on the petition. These rights include being represented by counsel, having a record made of the proceedings, having the ability to present written evi- dence in the form of relevant declarations, affidavits and documents and presenting oral argument. This sec- tion is necessary to establish the due process rights af- forded to the licensee at the hearing on the petition. Subsection (

e) provides that the Board shall issue a decision on the petition for suspension or within five business days following submission of the matter. This is necessary to establish a timeline for the Board to take action to ensure the situation is addressed promptly. The five day requirement is necessary to allow sufficient time for the Board to deliberate, prepare and issue a de- cision on the petition. Subsection (

f) provides that the Board shall review any decision to suspend a racing license or impose li- cense restrictions within 10 calendar days of that deci- sion. This is necessary to provide the Board the ability review the prior action and determine whether addition- al action needs to be taken or if the matter effecting the health and safety of the horse or rider has been ad- dressed. Additionally, this requirement is mandated by California Business and Professions Code

section 19481.7. Subsection (g)(1) provides the rights of the licensee at the review hearing. These rights include being repre- sented by counsel, having a record made of the proceed- ings, having the ability to present written evidence in the form of relevant declarations, affidavits and docu- ments and presenting oral argument. This

section is necessary to establish the due process rights afforded to the licensee at the review hearing. Subsection (

h) provides that any suspension shall re- main in effect until the Board determines that the mat- ters jeopardizing the health and safety of the horse or rider have been adequately addressed. This

section is necessary to clarify the Board’s power to continue a sus- pension until the race meet is safe to resume and the matters effecting the health and safety have been addressed. Subsection (

i) provides that as a condition of lifting a suspension, the board may require a licensee to comply with additional safety standards or other requirements as it deems necessary or desirable for the best interests of horse racing and the purposes of this chapter. This

section is necessary to clarify the Board’s power to im- pose restrictions on a license that facilitate the continu- ance of a safe race meet for both the horse or rider. Subsection (

j) provides that failure to comply with a suspension order issued pursuant to subdivision (a)(1) shall constitute a separate cause for disciplinary action against any licensee. This

section is necessary to clarify that any suspended licensee who continues to engage in an activity which requires a license, is subject to addi- tional and separate disciplinary action by the Board. Subsection (

k) states that the orders provided for by this

section shall be in addition to, and not a limitation on, the authority to seek injunctive relief provided in any other provision of law. This

section is necessary to clarify that other relief provide by law is still available. Finally, subsection (

l) provides that a petition for an order suspending a license to conduct a racing meeting or imposing license restrictions may be filed by the Ex- 431

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z ecutive Director or their designee, or Equine Medical Director of the Board. This

section is necessary to clari- fy who can bring a petition before the Board. The Exec- utive Director or the Equine Medical Director are the most appropriate individuals to have this authority be- cause of their responsibility to the Board to advise on the safety or both horse and rider. POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL The broad objective of the proposed addition of Rules 1435 is to codify a procedure whereby the Board can take action against a licensed racing association in in- stances where the health and safety of the horse or rider may be endangered.

During the winter meet last year at the Santa Anita Race Track, thirty thoroughbred horses suffered cata- strophic breakdowns and were euthanized. These breakdowns happened between December 26, 2018 and June 23, 2019. Throughout this period of time, the Cali- fornia Horse Racing Board was involved in monitoring the race meet and investigating the fatalities. Unfortu- nately, while the investigations were pending, the Board was unable to take action to suspend racing in the wake of these deaths.

As a result, Senate Bill 469 was introduced which expands the Board’s ability suspend a license to conduct a horse race meeting when necessary to protect the health and safety of either the horse or rid- er. SB 469 was signed into law by California Governor Gavin Newsom on June 24, 2019 and became effective immediately. This authority is now codified in Califor- nia Business and Professions code

section 19481.7. Business and Professions code

section 19481.7(

d) re- quired the Board to adopt emergency regulations to im- plement the authority provided by the new law. The Board did so on August 22, 2019. The proposed addition of Rule 1435 will make per- manent the emergency regulation that was adopted by the Board in August of 2019. The anticipated benefit of this proposed addition will be the added authority of the Board to act quickly when the health or safety of the horse or rider is endangered. Accordingly, this addition will benefit the health, safety and welfare of horses, li- censees, and the wagering public.

CONSISTENCY EV ALUATION During the process of developing this regulation, the Board has conducted a search of any similar regulations on this topic and has concluded that the regulation is neither inconsistent nor incompatible with existing state regulations. DISCLOSURE REGARDING THE PROPOSED ACTION/RESULTS OF THE ECONOMIC IMPACT ANALYSIS Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code Sections 17500 through 17630: none.

Other non−discretionary costs or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed addition of Rules 1435 will not have a signifi- cant statewide adverse economic impact directly affect- ing businesses including the ability of California busi- nesses to compete with businesses in other states. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: none.

The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Significant effect on housing costs: none. RESULT OF ECONOMIC IMPACT ANALYSIS The adoption of the proposed addition of Rule 1435 will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing busi- nesses within California; or (3) affect the expansion of businesses currently doing business within California.

The proposed addition of Rule 1435 will codify a proce- dure whereby the Board can take action against a li- censed racing association in instances where the health and safety of the horse or rider may be endangered. This will not only serve to protect equine and human ath- letes, but will also enhance the integrity of the sport by allowing the Board to act when the health or safety of the rider is endangered. This proposal will not benefit the state’s environment or worker safety. Effect on small businesses: none.

The proposal to add Rule 1435 will not affect small businesses because horse racing associations in California are not classified as small businesses under Government Code

Section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has otherwise been identified and brought to the 432

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z attention of the Board, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome on affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Robert Brodnik Staff Counsel California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6025 E−mail: rjbrodnik@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond Policy and Regulation Manager California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6033 E−Mail: amdrummond@chrb.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial statement of rea- sons. Copies may be obtained by contacting Robert Brodnik, or the alternative contact person at the ad- dress, phone number or e−mail address listed above. A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulations. Re- quests for copies of any modified regulation should be sent to the attention of Robert Brodnik at the address stated above. The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Robert Brodnik at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its web site. The rulemaking file consists of the no- tice, the proposed text of the regulation and the initial statement of reasons. The Board’s website address is: www.chrb.ca.gov. TITLE 5.

STATE TEACHERS’ RETIREMENT SYSTEM

Article 2. Rules of Procedure.

Section 20511 NOTICE OF PROPOSED RULEMAKING The California State Teachers’ Retirement System (“CalSTRS”) and the Teachers’ Retirement Board (“board”) propose to adopt the regulations described hereunder, after considering all comments, objections and recommendations regarding the proposed action. PUBLIC HEARING The Teachers’ Retirement Board will hold a public hearing: 433

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z Date and Time 1:00 p.m. May 7, 2020 The hearing may be rescheduled to occur as early as 8:00 a.m. or as late as 4:00 p.m. as it is incorporated into the board’s agenda. Please consult the agenda for the meeting, which will be available at www.CalSTRS.com/teachers− retirement−board by April 29, 2020, to confirm the exact time at which the hearing will be held. Please arrive promptly for check in before the scheduled start time. The hearing will conclude once each speaker present has provided testimony.

Location California State Teachers’ Retirement System Boardroom 100 Waterfront Place West Sacramento, CA 95605 Purpose To receive oral or written comments about this action. Comments are limited to five minutes per person and must not repeat comments already received in written or verbal form. Accessibility The hearing room is accessible to persons with mobility impairments, and it can be made accessible to persons with hearing or visual impairments upon advance request.

WRITTEN COMMENT PERIOD Any interested person, or their authorized representa- tive, may submit written comments relevant to the pro- posed regulatory action to CalSTRS. The written com- ment period closes on May 7, 2020. CalSTRS will only consider written comments re- ceived at CalSTRS’ address as reflected below by that date. Submit comments to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS−14 Sacramento, CA 95851−0275 E−Mail: Regulations@CalSTRS.com AUTHORITY AND REFERENCE The board has exclusive authority to administer Cal- STRS under

Article XVI,

section 17 of the California Constitution. Education Code

section 22305 provides that any rules and regulations adopted by the board have the force and effect of law. Government Code

section 11120 articulates that it is the public policy of this state that public agencies exist to aid in the conduct of the people’s business and the proceedings of public agencies be conducted openly so that the public may remain informed. As stated in the statute, it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly. Subdivision (

b) of Government Code

section 11125.7 provides that a state body may adopt reasonable regula- tions to ensure that the state body is able to provide an opportunity for members of the public to directly ad- dress the state body on each agenda item before or dur- ing the state body’s discussion or consideration of the item. These proposed regulations further interpret and make specific Government Code sections 11120 and 11125.7. The board approved the proposed regulations on Jan- uary 31, 2020 and directed CalSTRS staff to give public notice and

schedule a public hearing before the board. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board’s priorities and goals include the objective of enhancing board meeting effectiveness and efficien- cy by, among other things, establishing a public com- ment framework. Historically, the board and its com- mittees have provided opportunities for public com- ment at the end of discussion on each agenda item and a separate opportunity to comment on topics not on the agenda while accommodating speakers on a case−by− case basis.

Members of the public are asked to voluntar- ily identify themselves and the subject on which they wish to speak by submitting a speaker request form, available in the back of the board room, to CalSTRS staff. The presiding chair of the meeting is provided the form by CalSTRS staff and recognizes the speaker at the designated time. The board has also recognized any speaker stepping forward to speak at the end of the dis- cussion of the agenda item, regardless of whether the speaker submitted a speaker request form as a general practice. Each speaker is allocated three minutes.

The purpose of the Bagley−Keene Open Meeting Act (Bagley−Keene) is “that actions of state agencies be taken openly and that their deliberation be conducted openly” and that “conduct of the people’s business and the proceedings of public agencies be conducted openly so that the public may remain informed.” Bagley− Keene sets forth requirements for state bodies to gener- 434

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z ally make their meetings open so that members of the public may attend and participate Under Bagley−Keene, a state body, such as the board, is required to provide an opportunity for members of the public to directly address the state body on each agenda item before or during the state body’s discussion or con- sideration of the item. While ensuring the broad public right to be heard at public meetings, Bagley−Keene im- plicitly recognizes the need for efficiency in the con- duct of the people’s business through limitations on public comment.

Bagley — Keene authorizes a state body to adopt “reasonable regulations” to carry out the intent of the public comment. Specifically, subdivision (

b) of Government Code

section 11125.7 allows a state body to adopt reasonable regulations, including a limi- tation on the total amount of time allocated for public comment on particular issues and for each individual speaker. The proposed public comment regulations are ex- pected to enhance meeting effectiveness and efficiency by establishing a public comment framework, while still allowing the board and its committees to complete the public’s business.

The proposed framework also in- creases fair and equal access to as many members of the public who wish to participate, which in turn increases transparency and openness in conducting the public’s business and furthers the intent of the public comment protections. No other nonmonetary benefits, such as the protec- tion of public health and safety, worker safety or the en- vironment; the prevention of discrimination; the pro- motion of fairness or social equity; or an increase in transparency in business and government are anticipated.

The regulations proposed in this rulemaking action make specific the Government Code as it relates to pub- lic comments during board and committee meetings. CalSTRS evaluated whether the proposed regulations were inconsistent or incompatible with existing state regulations and found that there are no overlapping pro- visions with other state regulations. Thus, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION CalSTRS has made the following initial determina- tions, as required by the California Administrative Pro- cedure Act and Office of Administrative Law regulations: 1. Mandate on local agencies and school districts: None. The proposed regulations do not place a mandate on local agencies or school districts. CalSTRS has determined that the regulations proposed do not constitute a mandate on school districts or other local agencies. The proposed regulations put into place a framework for the board to receive comments from members of the public. 2.

Cost or savings to any state agency: None. The proposed regulations make modest changes to existing practices, so there would be no substantive changes in practices that would result in additional costs or savings. 3. Cost to any local agency or school district which must be reimbursed in accordance with California Government Code sections 17500 through 17630: None. The proposed regulations do not place a mandate on local agencies or school districts, and there would be no costs incurred by these entities. 4. Other nondiscretionary cost or savings imposed on local agencies: None.

There are no requirements imposed on local agencies, and therefore, there are no other nondiscretionary costs or savings. 5. Cost or savings in federal funding to the state: None. These regulations do not relate to any federal program. 6. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. The proposed regulations do not affect businesses. 7.

Cost impacts on a representative private person or business: The board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. 8. Results of the economic impact assessment/analysis: These regulations are not anticipated to have any direct, indirect or induced effect on California businesses.

Specifically:  The action will not have any effect on the creation or elimination of jobs within the state.  The action will not affect the creation of new businesses or the elimination of existing businesses within the state. 435

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z  The action will not affect the expansion of businesses currently doing business within the state.  The action will have no effect on worker safety and the state’s environment. The proposed action will clarify the process by which members of the public may provide public comments to the board during board and committee meetings.

Additionally, the proposed action will increase fair and equal access to as many members of the public who wish to participate, which in turn increases transparency and openness in conducting the public’s business and furthers the intent of the public comment protections. As a result, the regulatory action will indirectly affect the health and welfare of California residents. As stated in the Informative Digest/Policy Statement Overview, the proposed regulations achieve the board’s objective of enhancing board meeting effectiveness and efficiency by, among other things, establishing a public comment framework. 9.

Significant effect on housing costs: None. The proposed regulations do not relate directly or indirectly to housing costs. 10. Small business determination: The board has determined that the proposed regulations do not affect small business because the changes are clarifying in nature to improve board meeting effectiveness and efficiency, and to establish a public comment framework. CONSIDERATION OF ALTERNATIVES In accordance with paragraph (13) of subdivision (

a) of Government Code

section 11346.5, CalSTRS and the board must determine that no reasonable alternative considered or otherwise identified and brought to its at- tention would be:  More effective in carrying out the purpose for which the action is proposed,  As effective and less burdensome to affected private persons than the proposed action, or  More cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CalSTRS and the board invite interested persons to present any statements or arguments that would support alternatives to the proposed regulations in the form of written comments or by providing testimony at the pub- lic hearing. CONTACT PERSON Inquiries concerning the proposed action may be di- rected to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O.

Box 15275, MS−14 Sacramento, CA 95851−0275 Telephone: (916) 414−1994 E−Mail: Regulations@CalSTRS.com The backup contact person for these inquiries is: John Maradik−Symkowick Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS−14 Sacramento, CA 95851−0275 Telephone: (916) 414−1994 E−Mail: Regulations@CalSTRS.com Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other infor- mation upon which the rulemaking is based to CalSTRS using the contact information listed above.

A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The rulemaking file is available for public inspection and copying throughout the rulemaking process at Cal- STRS headquarters, located at 100 Waterfront Place, West Sacramento, CA, 95605. As of the date this notice is published in the California Notice Register, the rule- making file consists of this notice, the proposed text of the regulations, the Initial Statement of Reasons and the Economic and Fiscal Impact Statement (STD 399).

Copies of this notice, the proposed text of the regula- tions, the Initial Statement of Reasons and the Econom- ic and Fiscal Impact Statement are available at no charge by contacting CalSTRS using the contact infor- mation listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the board may adopt the proposed regulations substantially as described in this notice or may, on its own motion or at the recommendation of any interested person, modify the proposed regulations.

If the board makes modifications that are sufficiently related to the original proposed text, it will make the modified text (with the changes clearly indicated) avail- 436

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z able to the public for at least 15 days before adopting the regulations as revised. The board will accept written comments on the modified regulations for 15 days after the date on which they are made available. Please refer to www.CalSTRS.com/regulations or contact CalSTRS using the contact information listed above for copies of modifications, if any.

A V AILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, CalSTRS will have the Fi- nal Statement of Reasons available for public inspec- tion and copying at its headquarters, located at 100 Wa- terfront Place, West Sacramento, CA, 95605. Upon fil- ing of the amended regulations with the Secretary of State, the Final Statement of Reasons will also be avail- able temporarily on the CalSTRS website at www. CalSTRS.com/approved−regulations.

A V AILABILITY OF DOCUMENTS ON THE INTERNET The Notice of Proposed Rulemaking, the Initial Statement of Reasons and the text of the proposed regu- lations are posted on the CalSTRS website at www.CalSTRS.com/regulations. TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT Subject Matter of Regulations: Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code

Section 2810.4 New Sections 13875−13888 NOTICE IS HEREBY GIVEN that the Labor Com- missioner, Chief of the Division of Labor Standards En- forcement, Department of Industrial Relations, pur- suant to the authority vested in the her by Labor Code

section 2810.4(k), proposes to adopt sections 13875 through 13888 in proposed Subchapter 15 of existing

Chapter 6, of Division 1, of Title 8, California Code of Regulations, relating to the Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Lia- bility Under Labor Code

Section 2810.4. PROPOSED REGULATORY ACTION The Labor Commissioner proposes to adopt regula- tions under new Subchapter 15 of

Chapter 6 of Division 1 consisting of the following:

Article 1.

Definitions Used in Subchapter

Section 13875.

Definitions

Article 2. Compilation and Maintenance of Public List of Port Drayage Motor Carriers

Section 13876. Sources of Information for Internet Website Posting

Section 13877. Notice to Port Drayage Motor Carriers

Section 13878. Response to Notice

Section 13879. Labor Commissioner Disposition of Responses Timely Received

Section 13880. Labor Commissioner Disposition Where No Timely Response or No Response Received

Section 13881. Removal from Public List

Section 13822. Notice to Port Drayage Motor Carrier Successors

Article 3. Hearing Procedures, Judicial Review

Section 13883. Hearing Regarding Determination of Port Drayage Motor Carrier Successor

Section 13884. Rights of Parties at Hearing; Taking of Evidence; Rules of Procedure

Section 13885. Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Section 13886. Hearing Officer Decision

Section 13887. Judicial Review

Article 4. Enforcement

Section 13888. Determining Customer Liability TIME AND PLACE OF PUBLIC HEARING The Labor Commissioner’s Office has not scheduled a public hearing on this proposed action. However, the Labor Commissioner’s Office will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written com- ment period. A written request for a hearing must be sent to the same email address or mailing address listed below for the Contact Person for nonsubstantive inquiries.

WRITTEN COMMENT PERIOD Any interested person, or their authorized representa- tive, may submit written comments relevant to the pro- posed regulatory action to the Department of Industrial Relations, Division of Labor Standards Enforcement. The written comment period closes at midnight on 437

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z May 5, 2020. The Labor Commissioner will consider only comments received at the Division by that time. Equal weight will be accorded to comments presented at the hearing and to other written comments received by midnight on that date by the Division.

Submit written comments concerning the proposed regulations prior to the close of the public comment pe- riod to: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 Written comments may also be sent electronically (via e−mail) using the following e−mail address: DLSERegulations@dir.ca.gov. Written comments may be submitted by facsimile transmission (FAX), ad- dressed to the above−named contact person at (916) 263−2920. AUTHORITY AND REFERENCE Labor Code

section 2810.4(

k) authorizes the Labor Commissioner, Chief of the Division of Labor Stan- dards Enforcement (also known as the Labor Commis- sioner’s Office) to adopt regulations as necessary to ad- minister and enforce the provisions of Labor Code sec- tion 2810.4 that are within the Labor Commissioner’s jurisdiction. The proposed regulations implement, in- terpret, and make specific provisions of Labor Code

section 2810.4 that pertain to the Internet website post- ing and shared customer liability requirements of the law.

INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW In 2017, USA Today published an investigative series “Rigged,” which documented labor violations experi- enced by drivers in the port trucking industry and the fact that more than $40 million in unpaid wage judg- ments remained outstanding while customers contin- ued to hire such companies or their successors to haul goods. 1 In September 2018, Senate Bill (“SB”) 1402, introduced by Senator Lara, was enacted to bring about greater accountability in the port trucking industry by requiring the Labor Commissioner to create a public list of trucking companies with outstanding judgments and 1 Brett Murphy, Rigged (USA Today June 16, 2017; June 29, 2017; Oct. 26, 2017; and Dec. 28, 2017). imposing shared liability on customers that continue to use these companies if there are future labor violations.2 This law, codified at Labor Code

section 2810.4, went into effect on January 1, 2019. (SB 1402,

Chapter 702, Statutes of 2018.) The Labor Commissioner has maintained a public list of port trucking companies with outstanding judgments on its website since the law went into effect.3 This rule- making action further implements and clarifies the pro- cedures used to compile the public list and to be re- moved from the public list, the procedures for contest- ing the Labor Commissioner’s determinations, and the manner in which customer liability will be enforced. The relevant provisions of the existing law are de- scribed below.

Existing law defines a “port drayage motor carrier” in part as an individual or entity that hires or engages com- mercial drivers in the port drayage industry, and it in- cludes entities or individuals who succeed in the inter- est and operation of a port drayage motor carrier consis- tent with the successorship provisions of Labor Code

section 2684.

Existing law defines a “commercial driver” as a per- son who “holds a valid commercial driver’s license who is hired or contracted to provide port drayage services either as an independent contractor or an employee driver.” Existing law defines “port drayage services” as “the movement within California of cargo or intermodal equipment by a commercial motor vehicle whose point−to−point movement has either its origin or desti- nation at a port, including any interchange of power units, chassis, or intermodal containers, or the switch- ing of port drayage drivers that occurs during the move- ment of that freight.” Existing law requires the Labor Commissioner to post on its website the names, addresses, and essential information for any port drayage motor carrier with any unsatisfied final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws.

This includes any order, decision, or award obtained by a public or private person or entity pursuant to Labor Code

section 98.1 finding that a port drayage motor carrier engaged in illegal conduct in- cluding failure to pay wages, imposing unlawful ex- penses on employees, failure to remit payroll taxes, fail- ure to provide workers’ compensation insurance, or misclassification of employees as independent contrac- tors with regard to a port drayage commercial driver. 2 Brett Murphy, California lawmakers pass bill to try to end truck- er labor abuse by putting onus on stores (USA Today Sept. 5, 2018). 3 See https://www.dir.ca.gov/DLSE/List_Port_Trucking_ Companies_Outstanding_Judgments.html. 438

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z Existing law requires that at least 15 business days prior to posting on its website the names, addresses, and essential information for any port drayage motor carri- er, the Labor Commissioner’s Office must notify the port drayage motor carrier by certified mail regarding the alleged conduct and must provide the name, email address, and telephone number of a contact person at the Labor Commissioner’s Office, a copy of the unsatis- fied court judgment, assessment, order, decision or award, and a copy of the regulations or rules of practice or procedure for removal of the posting.

Existing law requires that a website posting must be removed within 15 business days after the Labor Com- missioner determines there has been full payment of the unsatisfied judgment or that the port drayage motor car- rier has entered into an approved settlement dispensing of the judgment. Existing law requires the Labor Commissioner’s Of- fice to update the Internet website monthly by the fifth day of each month.

Existing law establishes that a “customer” (specifi- cally defined with exemptions) that engages or uses a port drayage motor carrier that is on the list will be joint- ly and severally liable with the motor carrier, or the mo- tor carrier’s successor, for all civil legal responsibility and civil liability owed to a port truck driver.

A cus- tomer’s shared liability will be for services a customer obtained after the date the motor carrier appeared on the list, and includes liability with the motor carrier for the full amount of unpaid wages, unreimbursed expenses, damages and penalties, including applicable interest. Existing law provides that a customer shall be jointly and severally liable from the time the driver is dis- patched to begin work on behalf of the customer until all tasks are completed incidental to that work.

Existing law authorizes the Labor Commissioner to adopt regulations and rules of practice and procedure necessary to administer and enforce the Internet web- site posting and shared customer liability requirements of the law. These proposed regulations implement, in- terpret, and make specific these statutory provisions that are within the Labor Commissioner’s jurisdiction under Labor Code

section 2810.4. First, the regulations provide

definitions that further interpret the law. Addi- tionally, the proposed regulations set forth standards for compiling the public list, notifying motor carriers that they have been identified for inclusion on the list, pro- viding a means for motor carriers to respond to the no- tice and contest their inclusion on the list should they wish to do so (using incorporated form WCA 128 PORT Proof of Payment or Settlement 12/2019), and provid- ing information about how to be removed from the list.

The proposed regulations also provide standards for de- termining whether a motor carrier’s successor should be included on the public list, for notifying such a suc- cessor, and for allowing the purported successor to re- quest a hearing should they wish to contest the Labor Commissioner’s determination. Finally, the regulations standardize how customer liability will be determined by further clarifying the statutory terms regarding such liability.

OBJECTIVE AND ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The proposed regulations are intended to establish standards for creating and maintaining the public list mandated by SB 1402, including formal implementa- tion of notice procedures the Labor Commissioner is re- quired to carry out. Further, the proposed regulations are intended to provide clarity regarding enforcement of customers’ joint and several liability under the law. The primary benefit of the regulatory proposal is that it will incentivize and facilitate payment of unpaid wages, damages, and penalties due to workers and the state.

In order to avoid losing business with customers who are concerned about having joint and several liabil- ity for future violations, motor carriers with outstanding judgments will pay off these outstanding debts. As a re- sult, port truck drivers who have obtained judgments for unpaid wages and unreimbursed expenses but never ac- tually received their back wages will finally receive what is owed to them, allowing them to support their families and their communities.

The Labor Commis- sioner’s Office had awarded in excess of $45 million in unlawful deductions from wages and out−of−pocket expenses to more than 400 drivers at the time this law went into effect, but drivers had actually received little of those awards due to nonpayment by the motor carri- ers. The potential benefit to workers is therefore mil- lions of dollars in wages owed. Since the law went into effect on January 1, 2019, approximately $1.2 million has been paid, and adoption of the regulatory proposal will further encourage payment of unpaid wages to drivers.

In addition to the enormous benefits to the welfare of workers, the state (and all taxpayers) will benefit by re- ceiving overdue tax payments from port trucking com- panies that have outstanding tax assessments and tax liens. Further, port trucking companies will be aided by clear rules regarding how motor carriers are placed on the list and how they can be removed from the list.

Fi- nally, customers who do business with port trucking companies will benefit from the transparency of the list on the Labor Commissioner’s website, so that they can avoid potentially being held jointly and severally liable for future wage violations incurred by a port trucking company that appears on the list. Thus, the regulatory action furthers the mission of the Labor Commissioner’ Office, which is to ensure a just day’s pay to every 439

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z worker and promote economic justice. In addition, the proposed regulation increases transparency in business and government by setting forth rules for compiling and maintaining the list and for customers to avoid liability. Finally, the proposed action indirectly prevents dis- crimination, and promotes fairness and social equity.

DETERMINATION OF INCONSISTENCY AND/OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Labor Commissioner has determined that these proposed regulations are not inconsistent or incompati- ble with existing state statutes or other regulations. Af- ter conducting a review for any regulations that would relate to or affect this area, the Labor Commissioner has concluded that these regulations are not inconsistent with proposed regulations that pertain to enforcement of shared liability between labor contractors and client employers under Labor Code

section 2810.3. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Labor Commissioner has made the following ini- tial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Direct cost impacts on housing: None.

Cost impacts on a representative private person or business: The Labor Commissioner’s Office estimates a cost of $206.20 for a representative business affected by this proposal. Effect on small business: The Labor Commissioner’s Office estimates a cost of $206.20 for a small business affected by this proposal. Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None.

Summary Results of the Economic Impact Analysis/ Assessment The Labor Commissioner’s Office concludes that it is (1) unlikely that the proposal will create any jobs within the State of California; (2) unlikely that the proposal will eliminate any jobs within the State of California; (3) unlikely that the proposal will create any new busi- nesses within the State of California; (4) unlikely that the proposal will eliminate any existing businesses within the State of California; (5) unlikely that the pro- posal would cause the expansion of businesses current- ly doing business within the State of California; and (6) likely that the proposal will provide clarity to business- es that face statutory shared liability under Labor Code

section 2810.4. Accordingly, the Labor Commissioner has determined that the proposed regulatory action will not have a significant impact on business. Benefits of the Proposed Action: By incentivizing payment of unpaid wages to port truck drivers and set- tlement of tax debts owed to the state, the proposed reg- ulation will benefit California residents. The regulatory action furthers the mission of the Labor Commissioner’ Office, which is to ensure a just day’s pay to every worker and promote economic justice.

In addition, the proposed regulation increases transparency in business and government by setting forth clear procedures for the public listing and removal from the list, and for avoiding customer liability. Finally, the proposed action indirectly prevents discrimination, and promotes fair- ness and social equity. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Labor Commissioner must deter- mine that no reasonable alternative considered or that has otherwise been identified and brought to the Labor Commissioner’s attention would be more effective in carrying out the purpose for which the actions are pro- posed, or would be as effective and less burdensome to affected private persons than the proposed actions, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The Labor Commissioner has initially determined that no alternatives would be more effective in carrying out the purpose that underlies the proposed regulatory action, or would be at least as effective or less burden- some on the regulated public (port trucking companies and the customers who use them to haul freight). The Labor Commissioner invites interested persons to present reasonable alternatives to the proposed regu- lations at the scheduled hearing or during the written comment period.

PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS Prior to proposing to adopt these regulations, as part of the legislative process, the regulated community ex- pressed a need for the Labor Commissioner to issue reg- ulations establishing standards for inclusion on and re- moval from the public website list. 440

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z A V AILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE / INTERNET ACCESS An Initial Statement of Reasons and the text of the proposed regulations in plain English have been pre- pared and are available from the contact person named in this notice. The entire rulemaking file will be made available for inspection and copying at the address indi- cated below.

As of the date of this Notice, the rulemaking file con- sists of the Notice, the Initial Statement of Reasons, pro- posed text of the regulations, an incorporated form (WCA 128 PORT Proof of Payment or Settlement), and the Economic and Fiscal Impact Statement (Form STD 399). In addition, the Notice, Initial Statement of Reasons, proposed text of regulations, and form may be accessed and downloaded from the Department of Industrial Re- lations’ website at https://www.dir.ca.gov/ Rulemaking/DIRProposed.html.

To access them, please scroll to Division of Labor Standards Enforce- ment (DLSE), and click on the link for Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code

Section 2810.4. Any interested person may inspect a copy or direct questions about the proposed regulations and any sup- plemental information contained in the rulemaking file. The rulemaking file will be available for inspection at the Division of Labor Standards Enforcement, 2031 Howe Avenue, Suite 100, Sacramento, California, be- tween 9:00 a.m. and 4:30 p.m., Monday through Friday, unless the state office is closed for a state holiday. Copies of the proposed regulations, initial statement of reasons and any information contained in the rulemak- ing file may be requested in writing to the contact person.

CONTACT PERSON Nonsubstantive inquiries concerning this action, such as requests to be added to the mailing list for rule- making notices, requests for copies of the text of the proposed regulations, the Initial Statement of Reasons, and any supplemental information contained in the rulemaking file may be requested in writing at the same address.

The contact person is: Jennifer Stevens, Legislative Analyst and Regulations Coordinator Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 E−mail: jstevens@dir.ca.gov The telephone number of the contact person is (916) 263−1563.

CONTACT PERSON FOR SUBSTANTIVE QUESTIONS In the event the contact person is unavailable, or to obtain responses to questions regarding the substance of the proposed regulations, inquiries should be direct- ed to the following backup contact person: Patricia Salazar, Staff Attorney Department of Industrial Relations Division of Labor Standards Enforcement, Legal Unit 320 W. 4 th Street, Suite 600, Los Angeles, CA 90013−2350 E−mail: psalazar@dir.ca.gov The telephone number of the backup contact person is (213) 897−1511.

A V AILABILITY OF CHANGES FOLLOWING PUBLIC HEARING If the Labor Commissioner makes changes to the pro- posed regulations as a result of the public hearing and public comment received, the modified text with changes clearly indicated will be made available for public comment for at least 15 days prior to the date on which the regulations are adopted.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be accessed on the Department of Industrial Relations’ website at www.dir.ca.gov/Rulemaking/DIRProposed.html. AUTOMATIC MAILING A copy of this Notice, the Initial Statement of Rea- sons, proposed text of regulations, and the incorporated 441

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z form will automatically be sent to those interested per- sons on the DLSE’s mailing list. If adopted, the regulations as amended will appear in Title 8, California Code of Regulations, commencing with

section 13875. The text of the final regulations will also be available through the website of the Office of Administrative Law at www.oal.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest. A public hearing is not scheduled. Pursuant to Government Code

section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY MAY 4, 2020 Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−4547, by email to Steven.Harding@post. ca.gov, or by letter to: Commission on POST Attention: Steve Harding 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code

Section 13503 (authority of the Com- mission on POST) and Penal Code

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code

section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code § 13510 requires that POST develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforce- ment officers.

This proposed action will update the in- corporated by reference document, Training and Test- ing Specifications for Peace Officer Basic Courses (re- vised 10/1/2020), to include removal of the learning ac- tivity (VI.A.) in Learning Domain 19 (Vehicle Opera- tions). Additionally, the incorporation by reference statements in POST Regulations sections 1005, 1007, and 1008 will be revised to reflect the updated revised date for the Training and Testing Specifications for Peace Officer Basic Courses.

The benefit anticipated by the proposed amendments to the regulations will be to update the training specifi- cations for Peace Officer Basic Courses, which will in- crease the effectiveness of law enforcement standards for peace officers in preserving peace, protection of public health and safety, and welfare of California. During the process of developing these regulations and amendments, POST has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing state regulations.

All changes to curriculum begin with recommenda- tions from law enforcement practitioners or in some cases via legislative mandates. POST then facilitates meetings attended by curriculum advisors and subject matter experts who provide recommended changes to existing curriculum. The completed work of all com- mittees is presented to the POST Commission for final review and adoption. Upon adoption of the proposed amendments, academies and course presenters will be required to teach and test the updated curriculum. The proposed effective date is October 1, 2020.

DOCUMENT INCORPORATED BY REFERENCE Training and Testing Specifications for Peace Officer Basic Courses, revised 10/1/2020. ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.

If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency of- ficial designated in this notice. The Commission will 442

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z accept written comments on the modified text for 15 days after the date that the revised text is made available. ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500−17630 re- quires reimbursement: None.

Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of Califor- nia businesses to compete with businesses in other states.

The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training 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.

Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT per Gov. Code

section 11346.3(

b) The adoption of the proposed amendments of regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments of regula- tions to the regulations will increase the efficiency of the state of California in delivering services to stake- holders. Thus, the law enforcement standards are main- tained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the State’s environment.

CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Steve Harding , Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−2816. General ques- tions regarding the regulatory process may be directed to Katie Strickland at (916) 227−2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630.

These documents are also located on the POST Website at http://www.post.ca.gov/regulatory−actions.aspx. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. 443

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Fuel Hazard Reduction Amendments, 2020” (Permanent Rulemaking) Division 1.5,

Chapter 4 Subchapters 4, 5, and 6,

Article 3; Subchapter 7,

Article 2 Amend: §§ 913, 933, 953, 1052, and 1052.4 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on May 7, 2020, at its regularly scheduled meeting commencing at 9:00 a.m., at the Catamaran Resort Hotel, 3999 Mission Boulevard, San Diego, CA 92109. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action.

The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be consid- ered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on May 7, 2020 at the conclusion of the public hearing.

The Board will consider comments received at the Board office by that time and those comments received at the public hearing, including written comments sub- mitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written comments to the Board ref- erence the title of the rulemaking proposal in their com- ments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O.

Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9 th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989. Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca. gov. AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5, 4552, 4553, 4561 and 4592 Public Resources Code.

Reference: Sec- tions 4513, 4528, 4551.5, 4561, 4562, 4584, 4592, 21001(

f) and 21080(b)

(4) 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. the Board is authorized to construct a system of forest practice regulations appli- cable to timber management on state and private tim- berlands. Pursuant to PRC § 4551.5, the rules and regulations that the Board is authorized to adopt include measures for fire prevention and control and for prevention and control of damage by forest insects, pests, and disease.

Additionally, pursuant to PRC § 4592, the Board is required to define emergencies by which a Registered Professional Forester “. . . may in an emergency, on be- half of a timber owner or operator, file an “emergency notice” with the department that shall allow immediate commencement of timber operations.” Furthermore, pursuant to PRC § 4528(d), “site classi- fication” is defined as a “. . . classification of produc- tive potential of timberland into one of five classes by board regulation, consistent with normally accepted forestry practices.” 444

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z Pursuant to this statutory authority, the Board amend- ed 14 CCR §§ 913, 933, 953, 1052 and 1052.4, in accor- dance with the provisions of these statutes.

The history of the development of this regulation is related to an existing regulatory emergency as follows:  The Board adopted an emergency regulation (OAL Matter No. 2019−0207−02E) related to the emergency reduction of hazardous fuel conditions at their regular meeting scheduled on July 18, 2019.  Though this emergency regulation was set to expire on February 11, 2020, the emergency condition was still ongoing and the Board had not yet completed regular rulemaking, though substantial progress towards regular rulemaking had been achieved, and the emergency regulation was re−adopted at the December 11, 2019 Board meeting.

The re−adopted emergency (OAL Matter 2019−0123−03EE) became effective February 10, 2020 and will expire on May 12, 2020 without the filing of a certificate of compliance. Wildfire Hazard Wildfires have influenced California’s landscape as a natural process for millennia, with their frequency, in- tensity, and seasonal timing being major factors in de- termining not only floristic composition, but also gen- eral land use, throughout the state.

Anthropogenic ac- tivity, including fire suppression without active forest management, as well as increases in human−caused wildfires, over the last several centuries has resulted in alterations to the natural fire regime, which has resulted in substantial ecosystem stress, particularly in forest and shrub−dominated habitats. Due to fire suppression, the Sierra Nevada and northwestern California have ex- perienced less frequent fires than have historically oc- curred, causing a buildup of forest fuels, and southern California is experiencing larger and more frequent fires than under historic conditions.

Additionally, fire suppression in forested areas has resulted in dense for- est stands and has caused a build−up of fuels resulting in higher−than−natural intensity and heat of wildfires, which can destroy otherwise fire−adapted plants and damage soil structure. Furthermore, the recent and pro- longed periods of drought throughout the state have re- sulted in forests which are more prone to fire due to tree mortality from both drought and pests, and are more vulnerable due to fires from the buildup of fuels result- ing from these environmental and anthropogenic conditions.

In addition to changing forest conditions, increasing development in the Wildland−Urban Interface (WUI) continues to put more people, homes, and infrastructure in harm’s way from wildland fire. The most recent as- sessment of California’s WUI shows that as of 2010, there were about 3 million housing units in Fire Hazard Severity Zones (FHSZ) that are potentially at risk from wildland fire. A large proportion of the houses within FHSZs are in the southern portion of the state. The top five counties for FHSZ housing units, all in southern California, contain about half of all statewide housing units in FHSZ.

However, this is a statewide problem, with 37 counties having at least 10,000 housing units in FHSZ. Furthermore, since the frequency of extreme weather events is projected to increase, urban areas both immediately adjacent to and near wildlands will be at risk. The 2017 October Fire Siege clearly showed that the damage from wildland fires can occur in areas previ- ously thought to be at low risk. Recent wildland fires al- so have demonstrated that post−fire mudslide events can cause substantial loss of life and damage to property and natural resources.

The aggregation of these changing forest conditions and human demographics has resulted in increases in the number of wildfire ignitions, areas burned, and im- pacts to ecosystems. The number of ignitions has been increasing since 2007, the average acreage burned has doubled since the 1960’s, and forests represent approxi- mately one−third of the 700,000 acres which burn annu- ally.

Additionally, the increasing prevalence of very large fires (>100,000 acres) across the West, as well as large scale tree mortality events, has led many experts to posit that the US has entered an era of “mega−fires” or “mega−disturbances.” During this decade, although the number of annual fires has decreased compared to the 2000s, the average fire size has increased from ap- proximately 11,000 acres to 15,000 acres.

Fifteen of the twenty largest wildland fires of the modern era have oc- curred since 2000, and ten of the most destructive have occurred since 2015 including the 2018 Mendocino Complex, which burned almost 460,000 acres. Five of the 20 deadliest fires in California’s history have oc- curred within the last two years alone (2017 and 2018). The California Department of Insurance identified that insured losses from 2017 and 2018 wildfires and 2018 mudslides totaled over 13.8 billion dollars. This trend of increasingly large, destructive, and costly wildfires is likely to continue unless immediate action is taken.

Finally, the issue of wildfire throughout the state has been one of the main goals of current executive direc- tion. Early in his administration Governor Newsom cre- ated a Strike Force which was directed to develop a comprehensive roadmap to address the issues of wild- fires, among other issues. Within the Strike Force’s April 2019 report to the Governor, the Strike Force rec- ommended that “[t]he Board of Forestry and Fire Pro- tection should consider changes in regulations, through an emergency rule−making process as needed, to en- courage private landowners to engage in fuel reduction projects.” 445

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z The fundamental problem is that hazardous fuel con- ditions exist throughout the state which may require im- mediate and emergency treatment in order to abate an existing threat of wildfire and the regulatory permitting mechanism which exists to facilitate these operations is not sufficient in order to address these hazardous conditions.

The purpose of the proposed action is to: 1) clarify the scope of lands which may be subject to timber opera- tions pursuant to an Emergency Notice for Fuel Hazard Reduction; 2) to improve the efficacy and suitability of fuel treatments within the Emergency Notice for Fuel Hazard Reduction; 3) to improve immediate wildfire resiliency in post−harvest stands; and 4) to standardize and simplify, to some extent, the conditional require- ments of the existing process in order to promote the use of this regulatory process in order to encourage the treatment of hazardous fuel conditions throughout the state and to improve the pace and scale of fuel treatments.

Additionally, the proposed action will clarify that, on lands subject to timber operations pursuant to 14 CCR § 1052.4, those lands are to be considered site IV tim- berland for stocking purposes pursuant to 14 CCR §§ 912.7, 932.7, and 952.7 immediately following op- erations in order to achieve the stated goals of haz- ardous fuel reduction and efficacy of treatment.

The proposed action will also clarify the mechanism by which this The effect of the proposed action is to increase the uti- lization of the regulatory permitting process of the Emergency Notice for Fuel Hazard Reduction of 14 CCR § 1052.4 in order to address the hazardous condi- tions across forested lands throughout the state, as well as to improve the efficacy of vegetative treatments in addressing the existing problem of hazardous fuel con- ditions within this process.

The primary benefit of the proposed action is the re- duction in risk to life, property and the environment posed by destructive wildfires through the strategic treatment of hazardous fuel conditions. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D).

State regulations related to the pro- posed action were, in fact, relied upon in the develop- ment of the proposed action to ensure the consistency and compatibility of the proposed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regulations related to timber operations intended to reduce hazardous fuels and found no existing State regulations that met the same purpose as the proposed action.

Based on this evalua- tion and effort, the Board has determined that the pro- posed regulations are neither inconsistent nor incom- patible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared: §§ 4584, 4584.1, 4584.2, and 4592 Public Resources Code. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations.

There are no comparable Federal regulations related to emergency timber operations to reduce hazardous fu- els. No existing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts.

FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a continu- ation of existing forest practice regulations related to emergency reduction of hazardous fuels from the Forest 446

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z Practice Act and allows for improved efficacy of fuel treatments and increased utilization by the regulated public, but does not created additional burden on any state agency. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) The fiscal and economic impact analysis for these Exemption Amendments relies upon contemplation, by the Board, of the economic impact of the provisions of the proposed action through the lens of the decades of experience practicing forestry 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 § 11346.3(b)(1)(A));  Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A));  Will not create new businesses (GOV § 11346.3(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 California (GOV § 11346.3(b)(1)(C));  Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)).

For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement.

SMALL BUSINESS (defined in GOV § 11342.610) Small businesses, within the meaning of GOV § 11342.610, are not expected to be affected by the pro- posed action. Small business, pursuant to 1 CCR § 4(a):

(1) Is 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. Pursuant to 1 CCR § (b), the reason(

s) the regulation affects small business are the same as provided in the Economic Impact Analysis in the Initial Statement of Reasons. ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it 447

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Mr. Hedge is not available is Matt Dias, Executive Officer for the Board of Forestry and Fire Protection. Mr. Dias may be contacted at the above address or phone.

A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text−with the changes clearly indicated−available to the public for at least 15 days before the Board adopts the regulations as revised.

Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: https://bof.fire.ca.gov/regulations/proposed−rule− packages/. TITLE 19. OFFICE OF THE STATE FIRE MARSHAL PUBLIC SAFETY DIVISION 1. STATE FIRE MARSHAL

CHAPTER 1.5. CONSTRUCTION MATERIALS AND EQUIPMENT LISTINGS

ARTICLE 7. FEES FEE STRUCTURE FOR CONSTRUCTION MATERIALS AND EQUIPMENT LISTINGS NOTICE IS HEREBY GIVEN pursuant to Govern- ment Code, §11346.6, that the California Department of Forestry and Fire Protection — Office of the State Fire Marshal (“OSFM”) or (“SFM”) proposes to take the regulatory action described below in the Informative Digest implementing Title 19, Division 1,

Chapter 1.5,

Article 7 of the California Code of Regulations (CCR), related to adoption of a new fee structure for construc- tion materials and equipment listings, after considering public comments, objections, or recommendations re- garding the proposed action. 448

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z WRITTEN COMMENT PERIOD Any interested person or his/her authorized represen- tative, may submit written comments relevant to the proposed regulatory action. Written comments will be accepted for 45 days beginning March 20, 2020 and ending May 4, 2020. The written comment period clos- es at 12:00 a.m. Pacific Daylight Time (PDT) on May 5, 2020. All written comments received by that time and date will be considered and responded to as part of the compilation of the rulemaking file and are subject to disclosure under the Public Records Act (Gov.

Code § 6250, et seq.). Written comments should be directed to:  Email: diane.arend@fire.ca.gov (include in the subject line of the email “Comments: BML Fees”).  Mail to: CAL FIRE / Office of the State Fire Marshal P.O.

Box 944246 Sacramento, California 94244−2460 Attn: Diane Arend, Code Development & Analysis  Hand delivered between 8:00 a.m. and 5:00 p.m. (PDT) to: CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, Fourth Floor Sacramento, California 95815 Attn: Diane Arend, Code Development & Analysis Pursuant to Government Code §11346.9, the SFM shall respond to comments submitted during the com- ment period containing objections and/or recommenda- tions specifically directed at the SFM’s proposed action or to the procedures followed by the agency in propos- ing or adopting the action.

PUBLIC HEARING The SFM has not scheduled a public hearing on this proposed action. However, the SFM will hold a public hearing to accept comments if a written request is re- ceived from any interested person or his/her authorized representative, no later than 15 days before the close of the 45−day written comment period, pursuant to Gov- ernment Code

Section 11346.8. Submit requests to the contact person indicated below. STATUTORY AUTHORITY The proposed action will adopt regulations to reflect legislative requirements found in Government Code, § 11346.6. AUTHORITY AND REFERENCE Health and Safety Code (HSC) § 13114(

b) authorizes the SFM to adopt the proposed regulation. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The regulations proposed in this rulemaking action implements, interprets, clarifies and/or makes specific Health and Safety Code §13114(

b) by making the fol- lowing changes: Specifically, this action proposes a fee increase for listing fire alarm systems, fire alarm devices, building materials and equipment. This rulemaking action pro- poses the amendment of Sections 206 (d), and 216 (a), (b), (c), (d), (

e) and (

f) in

Chapter 1.5,

Article 7 of Title 19, CCR.

Summary of Existing Laws: Current law in HSC § 13114(

b) requires that all fire alarm equipment and devices be approved and listed by the SFM prior to being sold, marketed, distributed or of- fered to sale within the state. HSC § 13137 authorized the SFM to charge fees that will not exceed the actual cost of administration of the program.

Summary of Existing Regulations Existing regulations in CCR, Title 19, Division 1,

Chapter 1.5,

Article 7 require a fee for listing a fire alarm system or device, building material or equipment. Pursuant to HSC § 13137, the SFM is proposing a fee increase. In 2016−17, the SFM initiated the process of fully assessing workload, analyzing business process- es, and updating regulations and fees to create a fee structure that is commensurate with supporting each of the programs’ current operations. Throughout this process, it was identified the revenues generated by each of the Licensing and Certification (L&

C) pro- grams needed to be updated to support current and fu- ture program costs. Furthermore, additional positions need to be added to reflect current workload demands to ensure full enforcement of HSC § 13137, and L&C ex- penditures needed to be re−baselined.

Summary of Effect The proposed regulations will have financial impact to manufacturers who have products that require listing or voluntarily desire to be listed by the SFM. Comparable Federal Regulations or Statute: The proposed action does not duplicate or conflict with any federal regulations or statutes. No comparable federal regulations or statutes exist. Objective and Anticipated Benefits of the Proposed Regulations The broad objective of the changes proposed in this rulemaking action is intended to ensure that the SFM 449

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z has sufficient funding for its operational expenses to carry out the purposes and intent of HSC §13137. Addi- tionally, this regulatory proposal provides a direct bene- fit to the protection of public health and safety of Cali- fornians by providing the building materials industry, fire alarm manufacturers and contractors, building ma- terials manufacturers, building contractors, engineers, architects, state and local fire authorities reliable and ef- ficient products through SFM approved and listed ma- terials, devices and equipment.

The regulations also protect California citizens by ensuring that design ap- plications meet minimum State building codes and standards and reduce the risk of future loss of life due to fires. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The SFM has evaluated the proposed regulations and found that they are not inconsistent or incompatible with existing state and federal regulations.

FORMS AND DOCUMENTS INCORPORA TED BY REFERENCE The following forms are incorporated by reference in the text of the proposed regulations: The application form is used to record the information required for list- ing a fire alarm system or device, building material or equipment with the Building Materials Listing Program: 1. Application for Listing Service (Rev. 10−2019) It would be cumbersome, unduly expensive or other- wise impractical to publish this document in the Cali- fornia Code of Regulations.

The documents are made available from the agency, or are reasonably available to the affected public from a commonly known or speci- fied source: Office of the State Fire Marshal website: https://osfm.fire.ca.gov. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS There are no other matters prescribed by statute ap- plicable to the SFM, or to any specific regulation. There are no other matters to identify.

DISCLOSURES REGARDING THE PROPOSED ACTION The SFM has made the following initial determina- tions concerning the adoption of the proposed regulations: 1. Mandates on local agencies and school districts: None. 2. Costs or savings to any state agency: None. 3. Cost to any local agency or school district that must be reimbursed in accordance with Government Code § 17500 through §17630: None. 4. Other nondiscretionary cost or saving imposed on local agencies: None. 5. Costs or savings in federal funding to the State of California: None. 6. Significant effect on housing costs: None. 7.

Significant Statewide Adverse Economic Impacts Directly Affecting Businesses and Individuals: Although the proposed action may have an impact on businesses statewide that list fire alarm systems, fire alarm devices or building materials or equipment, the SFM concludes that the adverse economic impact, including the ability of California businesses to compete with businesses in other states, will not be significant. D ECLARATION OF EVIDENCE The SFM has not relied on any other facts, evidence, documents, testimony or other evidence to make its initial determination of no statewide adverse economic impact.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS There are no significant cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. Costs are towards manufacturers whose products are mandated to be listed prior to sale and marketing in Cal- ifornia. The costs for non−mandated listings are equal. It should be noted, the proposed rulemaking does not re- quire participation for listing non−fire alarm equipment and devices, and building materials; and participation for listing these products is voluntary.

SMALL BUSINESS DETERMINATION The SFM has made the initial determination that the proposed regulations may have an effect on small busi- ness that list fire alarm systems, fire alarm devices, building materials or equipment products. The impact will likely be to incur an additional expense to make certain products meet minimum building codes and standards for listing, however the nature of the effect on operations will not cause the business to incur any sig- nificant expense or have any major impact to small business.

The SFM has not identified any alternatives that would lessen any adverse impact, if any, on small businesses. 450

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z BUSINESS REPORT The proposed regulations do not create any reporting requirements. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The SFM concludes that the adoption of these regula- tions will not:

a) create or eliminate jobs within California;

b) create new businesses or eliminate existing businesses within California; or

c) effect the expansion of businesses currently doing business within California. Benefits to Health and Welfare, Worker Safety, and the Environment.

d) The State Fire Marshal has assessed that this regulatory proposal will benefit the public health and welfare of California residents, worker safety, and the environment by ensuring consistency throughout the State with approved and listed equipment and devices and reduce the risk of loss of life and property from fire throughout the state.

The proposed regulations will have a positive impact on the ability of the SFM to carry out its listing functions to ensure that fire alarm equipment, fire alarm devices and fire safety building materials are properly tested and approved and in compliance with minimum building codes and standards.

CONSIDERATION OF ALTERNATIVES In accordance with subsection (a)(13) of Govern- ment Code §11346.5, the SFM must determine that no reasonable alternative considered by the SFM or that has otherwise been identified and brought to the SFM’s attention would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The SFM considered reasonable alternatives to the proposed action and determined that no reasonable al- ternative would be more effective in carrying out the purpose for which the action is proposed or would be as effective as, and less burdensome to affected private persons and small businesses than the proposed action. This conclusion is based on the SFM’s determination that the proposed action is necessary to implement leg- islative enactments expanding the SFM’s regulatory authority.

The SFM invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries or specific questions regarding the pro- posed rulemaking action may be directed to: General inquiries: Diane Arend, Regulations Coordinator CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, Suite 400 Sacramento, CA 95815 diane.arend@fire.ca.gov Phone: (916) 568−2917 For substantive or technical questions: David Castillo CAL FIRE/Office of the State Fire Marshal 2251 Harvard Street, Suite 400 Sacramento, CA 95815 Email: david.castillo@fire.ca.gov Phone: (916) 568−2939 A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The SFM will make the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above Sacramento Harvard Street address.

As of the date of this notice be- ing published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regula- tions, the initial statement of reasons, and supporting in- formation. Copies may be obtained through the contact persons at the address and/or phone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding a public hearing, if requested, and con- sidering all timely and relevant comments received, the SFM may adopt the proposed regulations substantially as described in this notice.

If the SFM makes modifica- tions which are sufficiently related to the originally pro- posed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the SFM adopts the regulations as 451

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z revised. Requests for copies of any modified regula- tions should be directed to the contact person at the ad- dress listed above. The SFM will accept written com- ments on the modified regulations for 15 days after the date on which the modifications are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Diane Arend at the above address and telephone number or by access- ing the website listed below.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of the Proposed Rulemaking (“NOPA”), the initial statement of reasons (“ISOR”), the text of the proposed regulations (“ET”) and any oth- er materials or documents concerning this rulemaking can be accessed through the Office of the State Fire Marshal’s web address at: http://osfm.fire.ca.gov/ divi- sions/code−development−and−analysis/title−19− development/. PLAIN ENGLISH DETERMINATION The proposed Regulations were prepared pursuant to the standard of clarity provided in Government Code

section 11349 and the plain English requirements of Government Code § 11342.580 and §11346.2(a)(1). The proposed regulations were written to be easily un- derstood by the parties that will use them. TITLE 22. DEPARTMENT OF AGING Posting of Notice § 8010 Facility Entry § 8020 Interference with Actions of Office § 8040 NOTICE IS HEREBY GIVEN that the California Department of Aging (Department) is proposing to take the action described in the Informative Digest. Any per- son may present statements or arguments relevant to the proposed action in writing.

Written comments, includ- ing those sent by mail, facsimile, or email to the ad- dresses listed under Contact Person in this Notice, must be received by the Department at its office by 5:00 p.m. on May 5, 2020. The Department has not scheduled a public hearing on this proposed action. The Department will, however, hold a hearing if it receives a written request for a hear- ing from any interested person, or their authorized rep- resentative, no later than 15 days prior to the close of the written comment period.

The Department may, after considering all timely and relevant comments, adopt the proposals substantially as described in this Notice, or may modify the proposals if such modifications are sufficiently related to the origi- nal text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the per- son 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 re- quested notification of any changes to the proposal.

Authority and Reference: Pursuant to the authority vested by sections 9102, 9105 and 9745 of the Welfare and Institutions Code (WIC), and to implement, inter- pret and make specific sections 9701, 9712.5, 9715, 9718, 9722, 9723, 9724, 9725, 9730, and 9732 of said Code, the Department is considering changes to sec- tions 8010, 8020, and 8040 of Articles 1, 2 and 3 of Di- vision 1.8 of Title 22 of the California Code of Regula- tions (CCR) as follows: INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Amend Title 22 CCR

Section 8010, Posting of Notice The California Office of the State Long−Term Care Ombudsman (Office), located within the Department, advocates for the health, safety, welfare and rights of in- dividuals living in long−term care facilities. To accom- plish its goals, the Office designates public and non− profit organizations throughout the state to act as local Ombudsmen in hearing, investigating and resolving complaints filed by or on behalf of long−term care residents. Existing law, WIC

section 9718, requires long−term care facilities to post a notice that identifies the names, addresses and telephone numbers of the Office and the local ombudsman organization, and a description of the services they provide. CCR

section 8010(

a) includes the provision that the notice be in plain view of resi- dents, patients, visitors and individuals confined to wheelchairs. The proposed amendment will update the wording to reflect that the notice be in plain view of in- dividuals “who use” wheelchairs or other mobility devices. Amend Title 22 CCR

Section 8020, Facility Entry Existing law, WIC

section 9722, authorizes the Of- fice and any ombudsman coordinator access to long− term care facilities to carry out the responsibilities of the program. WIC

section 9701 (

b) defines “long−term care facility” and

section 9701(

d) defines “Ombuds- man coordinator.” CCR

section 8020 erroneously cites 452

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z

section 9701(

a) instead of 9701(

b) and

section 9701(

e) instead of 9701(

d) respectively for these

definitions. The proposed amendment will correct these references. WIC Sections 9712.5 and 9726.1 describe the ser- vices provided by long−term care ombudsman repre- sentatives in the exercise of their lawful responsibili- ties. The proposed amendment will add these sections to clarify the full scope of services provided by the Of- fice and its representatives. CCR

section 8020(

a) sets the timeframe for reason- able access to a facility by any ombudsman coordinator, designated ombudsman or other representative of the Office as 7:00 a.m. to 10:00 p.m. CCR

section 8020(

b) provides that entry may be made after hours if autho- rization to do so is first received from the State Om- budsman or their designated representative. If they are not available, authorization may be given by an om- budsman coordinator, followed by notice to the Office. The proposed amendment will change the word “om- budsmen” to “Ombudsman representatives” to be more inclusive and clarify that notice must be given to the “Office” rather than the “State Office.” WIC

section 9701(

d) defines an “Ombudsman coor- dinator” in part, as an individual selected by an ap- proved organization to manage the day−to−day opera- tion of the ombudsman program. CCR

section 8020(

b) references the “substate ombudsman coordinator.” The proposed amendment will delete the word “substate” to accurately reflect the definition set forth in law. Amend Title 22 CCR

Section 8040, Interference with Actions of Office Existing law gives representatives of the Office ac- cess to long−term care facilities to hear, investigate and resolve complaints to assist residents in protecting their health, safety, welfare, rights and quality of life. Senate Bill (SB) 80 (Committee on Budget and Fiscal Review, Human Services Omnibus,

Chapter 27, Statutes of 2019) amends WIC

section 9712.5(d)(1) to require rep- resentatives of the Office to visit each long−term care facility on a quarterly basis to provide residents with regular and timely access to ombudsman services. Prior to the passage of SB 80, there was no require- ment that long−term care facilities be visited on a regu- lar basis. With the new requirement for quarterly visits, the Office seeks to set standard protocols for its repre- sentatives to minimize interference from facility per- sonnel as they carry out their lawful responsibilities.

Existing law, WIC sections 9730 and 9732, provides that anyone who willfully interferes with any lawful ac- tion of a representative of the Office is to be reported to the appropriate licensing agency and is subject to a civil penalty. To interpret and make specific these sections, the Department is proposing to amend and adopt regu- lations to clarify what constitutes willful interference, the timeframe in which the interference is to be reported to the appropriate licensing agency and the Office, and the statutory remedies available to the Office. Proposed amendments to CCR

section 8040 delete references to “licensee”, “employee”, “agent”, “con- nected with a long−term care facility”, to simply state that “no person” shall willfully interfere with any lawful action of the Office. Proposed amendments to CCR

section 8040(

a) delete the words “prevent”, “impede” and “or” to make the language consistent with WIC sections 9730 and 9732. Currently, the Office certifies each representative, designating them as an Ombudsman. The Department is proposing to adopt CCR

section 8040(a)(1)(

A) and (

B) to require representatives to have on their person clearly visible photographic identification issued by the Office and to present a copy of the laws and regulations that specify their authority to access long−term care fa- cilities, residents, patients and their medical and per- sonal records. If the representative fails to do both, in- terference by facility personnel will not be considered willful under proposed CCR

section 8040(a)(1)(C). CCR

section 8040(

b) specifies that no person shall willfully prevent or interfere with the interviewing of complainants, patients, residents or witnesses. Long− term care Ombudsman representatives interact with residents, patients, and others in the lawful exercise of their responsibilities in many ways, not just when inter- viewing them during the investigation of complaints. Proposed amendments to this

section delete the words “prevent or” to be consistent with law and replace the phrase “the interviewing of” with “confidential com- munications with” to more accurately reflect the scope of an Ombudsman’s lawful responsibilities. Proposed amendments also replace the phrase “investigation and resolution of complaints” with “lawful exercise of their responsibilities” because the responsibilities of om- budsman representatives include more than the investi- gation and resolution of complaints. CCR

Section 8040(

c) states that no person shall will- fully prevent or interfere with the examination or copy- ing of patients’ or residents’ medical or personal records. Proposed amendments delete the words “pre- vent or” to be consistent with law and add the provision that an Ombudsman has access to residents’ and pa- tients’ medical and personal records, to more accurately reflect the scope of their lawful responsibilities. CCR

section 8040(

e) provides that no person shall willfully prevent, impede or interfere with the work of duly authorized representatives of the Office in the in- vestigation and resolution of complaints. Proposed amendments delete the words “prevent, impede or” to be consistent with law. The lawful responsibilities of long−term care Ombudsman representatives include 453

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 12-Z more than investigating and resolving complaints. They also include advocating for the health, safety, welfare, rights, and quality of life of residents and patients in long−term care facilities. Proposed amendments will specify that no person shall willfully interfere with the lawful work of authorized representatives of the Office and delete the phrase “in the investigation and resolu- tion of complaints” to reflect the full scope of an Om- budsman representative’s responsibilities. CCR

section 8040(

d) states that no person shall will- fully discriminate, discipline or retaliate against any employee, patient, resident or volunteer for information given to aid the Office in carrying out its lawful respon- sibilities. Proposed amendments to this

section delete the word “willfully” since “discriminate, discipline, and retaliate” are sufficiently descriptive of the actions the regulation prohibits. The amendment also elimi- nates the provision that this regulation does not apply if the communication made or information given or dis- closed was done maliciously or without good faith, be- cause existing law, WIC

section 9715(b), adequately addresses this issue. Proposed CCR

section 8040(b)(1) and (2) will speci- fy that interference is considered willful if it continues after the Ombudsman representative provides photo- graphic identification issued by the Office and a copy of the laws and regulations that authorize access to long− term care facilities, residents, patients and their medical and personal records; that interference will not be deemed willful if the person interfering is doing so at the direction of another person who has authority to take or recommend adverse employment actions against them; and that the person who authorizes the employee to interfere will be the one considered as willfully inter- fering with the lawful actions of the Office.

Proposed CCR

section 8040(

c) will require the Om- budsman representative who was the subject of the in- terference to notify the appropriate licensing agency and the State Ombudsman within 24 hours of the occurrence. Proposed CCR

section 8040(

d) will specify the Om- budsman representative may seek the assistance of lo- cal law enforcement as needed in accordance with WIC

section 9732(b). Proposed CCR

section 8040(

e) will provide that the State Ombudsman may seek appropriate legal remedies if the person continues to interfere with lawful actions of the Office. Finally, the Department proposes to delete the refer- ence to WIC

section 9720.5 because it addresses pro- gram requirements rather than long−term care facilities. ANTICIPATED BENEFITS OF PROPOSAL The proposed amendments eliminate obsolete words and phrases and update the regulatory language to be consistent with law and easier to understand. As Om- budsman representatives begin quarterly visits to each long−term care facility, the proposed regulations will furt