(Continued on next page) REGISTER Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 33−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 17, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Cryptocurrency Contributions — Notice File No. Z2018−0807−01 ..................................... 1301 TITLE 4. CALIFORNIA ALTERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY Sales and Use Tax Exclusion Program — Notice File No. Z2018−0807−02 .............................. 1302 TITLE 9.

DEPARTMENT OF HEALTH CARE SERVICES Narcotic Treatment Program — Notice File No. Z2018−0806−01 ...................................... 1305 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Reimbursement Rates — Notice File No.

Z2018−0807−07 ............................................ 1311 GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Humboldt Marten Final Consideration of Petition .................................................. 1313 FISH AND GAME COMMISSION Spring Chinook Salmon ....................................................................... 1313 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Carcinogen Identification Committee (CIC) HID Notice — Gentian Violet (GV) N−Nitrosohexamethyleneimine (NHEX) .......................................................... 1314 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Safe Use Determination (SUD) Acceptance Notice — Fiber Care Baths ................................ 1315

DECISION NOT TO PROCEED DEPARTMENT OF CORRECTIONS AND REHABILITATION Concerning Cell, Property, and Body Inspections (Previously Published in Notice Register 2017, No. 35−Z) ................................................................ 1316 ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF CORRECTIONS AND REHABILITATION The Criteria Listed by the Eight Bullet Points ..................................................... 1316

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1320 Sections Filed, March 7, 2018 to August 8, 2018 .................................................... 1322 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 2018, VOLUME NO. 33-Z 1301 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 (the Commission), under the au- thority vested in it by the Political Reform Act (the Act)1 by

Section 83112 of the Government Code pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after September 20, 2018, at the Los Angeles City Hall, 200 N Spring St, Los Angeles, California 90012 (Public Works Board Room, 3rd Floor), commencing at approximately 10:00 a.m. Writ- ten comments should be received at the Commission of- fices no later than 5:00 p.m. on September 18, 2018.

BACKGROUND/OVERVIEW The Act prohibits persons from making, and commit- tees from receiving, cash contributions of $100 or more. Committees are also prohibited from making expendi- tures of $100 or more in cash.

Section 84300 provides: “(

a) No contribution of one hundred dollars ($ 100) or more shall be made or received in cash. A cash contribution shall not be deemed received if it is not negotiated or deposited and is returned to the contributor before the closing date of the campaign statement on which the contribution would otherwise be reported. If a cash contribution, other than a late contribution, as defined in

Section 82036, is negotiated or deposited, it shall not be deemed received if it is refunded within 72 hours of receipt. In the case of a late contribution, as defined in

Section 82036, it shall not be deemed received if it is returned to the contributor within 48 hours of receipt. “(

b) No expenditure of one hundred dollars ($ 100) or more shall be made in cash. “(

c) No contribution of one hundred dollars ($ 100) or more other than an in−kind contribution shall be made unless in the form of a written instrument containing the name of the donor and the name of the payee and drawn from the account of the donor or the intermediary, as defined in

Section 84302.” “(

d) The value of all in−kind contributions of one hundred dollars ($ 100) or more shall be reported in writing to the recipient upon the request in writing of the recipient.” Additionally,

Section 85201 provides that all contri- butions or loans made to a candidate, or the candidate’s controlled committee, shall be deposited in a single campaign bank account. This is typically referred to as the “one−bank account” rule. In light of the restrictions on cash contributions and expenditures as well as the one−bank account rule, a question has arisen as to the permissible use of cryptocurrencies, such as Bitcoin, for campaign contri- butions and expenditures.

While cryptocurrencies share some characteristics of cash, they are a relatively modern form of currency and not issued by a govern- mental entity. REGULATORY ACTION Adopt 2 Cal. Code Reg. Sections 18215.4. Proposed Regulation 18215.4 will clarify the use of cryptocurrencies for the purposes of making and ac- cepting campaign contributions as well as campaign ex- penditures.

The Commission may consider any issues pertaining to the use of cryptocurrencies including, but not limited to, the following: • Banning the use of cryptocurrencies for campaign contributions and campaign expenditures. • Permitting the use of cryptocurrencies for campaign contributions subject to the cash contribution limit of less than $100. • Requiring contributions made by cryptocurrencies to be converted to cash and deposited into a committee’s bank account upon receipt. • Permitting committees to establish separate cryptocurrency accounts and make campaign expenditures from the accounts. • Permitting contributions made by cryptocurrencies as in−kind contributions without regard to the cash contribution limits. 1 The Political Reform Act is contained in Government Code sec- tions 81000 through 91014.

All further statutory references are to the Government Code. The regulations of the Fair Political Prac- tices Commission are contained in sections 18110 through 18997 of Title 2 of the California Code of Regulations (hereafter Regulation).

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1302 SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY Government Code

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the pur- poses and provisions of the Political Reform Act. REFERENCE The purpose of this regulation is to implement, inter- pret, and make specific Government Code Sections 84300 and 85201. CONTACT Any inquiries should be made to Zachary Norton, Fair Political Practices Commission, 428 J Street, Suite 620, Sacramento, CA 95814; telephone (916) 322−5660 or 1−866−ASK−FPPC.

Proposed regulatory language can be accessed at http:// www.fppc.ca.gov/the−law/fppc-regulations/proposed −regulations−and−notices.html. TITLE 4. CALIFORNIA ALTERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY TITLE 4. BUSINESS REGULATIONS DIVISION 13 NOTICE IS HEREBY GIVEN that the California Al- ternative Energy and Advanced Transportation Financ- ing Authority (“CAEATFA” or the “Authority”) pro- poses to amend Sections 10032 and 10036 of

Article 2, Division 13, Title 4 of the California Code of Regula- tions concerning the implementation of the Sales and Use Tax Exclusion Program after considering all com- ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action.

However, a public hearing will be held if any interested person, or his or her duly autho- rized representative, requests a public hearing to be held relevant to the proposed action by submitting a written request to the Agency Contact Person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulations to the Authority. The written com- ment period of the proposed regulations ends on October 1, 2018.

All comments must be submitted in writing to the Agency Contact Person identified in this Notice by that time in order for them to be considered by the Authority. In the event that substantial changes are made to the regulations during the written comment period, the Au- thority will also accept additional written comments limited to any changed or modified regulations for fif- teen (15) calendar days after the date on which such reg- ulations, as changed or modified, are made available to the public pursuant to Title 1,

Chapter 1,

Article 2, Sec- tion 44 of the California Code of Regulations. Such ad- ditional written comments should be addressed to the Agency Contact Person identified in this Notice. AUTHORITY AND REFERENCE Authority: Public Resources Code Sections 26009 and 26011.8. Revenue and Taxation Code

Section 6010.8. Public Resources Code

Section 26009 autho- rizes CAEATFA to adopt necessary regulations relating to its authority established by the Act, and Public Re- sources Code

Section 26011.8 provides the authority to develop the Sales and Use Tax Exclusion Program. Revenue and Taxation Code

Section 6010.8 provides CAEATFA the ability to provide financial assistance in the form of sales and use tax exclusions. Reference:

Section 26011.8 of the Public Resources Code. This regulation will implement, interpret, and make specific

section 26011.8 of the Public Resources Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1303 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the California Alternative Energy and Advanced Transportation Financing Au- thority and authorizes the Authority to provide financial assistance in the form of a sales and use tax exclusion, to Participating Parties, as defined in Public Resources Code

Section 26003(a)(7), for alternative source, ad- vanced transportation, advanced manufacturing, and recycled feedstock Projects, also known as the Sales and Use Tax Exclusion Program (“Program”). (Public Resources Code Sections 26003(

a) and 26011.8(a), and Revenue and Taxation Code

Section 6010.8.) Existing law establishes the purpose of the Program as promot- ing the creation of California−based manufacturing, California−based jobs, advanced manufacturing, the re- duction of greenhouse gases, or reductions in air and water pollution or energy consumption. (Public Re- sources Code

Section 26011.8(a).) Existing law limits the amount of sales tax exclusion (“STE”) that CAEATFA may grant in each calendar year to $100 million. (Public Resources Code

Section 26011.8(h).) Existing Program regulations establish a competitive process whereby Applications are ranked based on specific objective criteria to determine the or- der of priority for consideration by the Authority if the Program becomes oversubscribed in a given month. Existing Program regulations also require every Appli- cant to pay an Application Fee of 0.05% of the request- ed Qualified Property amount at the time of application.

CAEATFA staff recently identified ways the Pro- gram could assist companies relocating or rebuilding after critical damage caused by large−scale physical disasters to help promote the Program’s goals of retain- ing manufacturing facilities and manufacturing jobs in California. The proposed regulations would add a new competi- tive criterion and would waive Application Fees for Ap- plicants rebuilding or relocating due to a fire, flood, storm, or earthquake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application.

These regulations were initially adopted under the emergency regulation process on December 13, 2017 (OAL File# 2017−1205−01E) pursuant to Public Re- sources Code

Section 26009, and expired on June 13, 2018. The proposed regulations will allow the Authority to continue to offer financial assistance to alternative source, advanced transportation, advanced manufac- turing, and recycled feedstock Projects. By promoting these types of Projects the Authority promotes Califor- nia−based manufacturing, California−based jobs, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption.

Anticipated Benefits of the Proposed Regulation The broad objective of the regulation is to allow the Authority to continue to offer financial assistance to Al- ternative Source, Advanced Transportation, Advanced Manufacturing, and Recycled Feedstock Projects. By promoting these types of Projects the Authority pro- motes California−based manufacturing, California− based jobs, the reduction of greenhouse gas emissions, or the reduction in air and water pollution or energy consumption.

More specifically, the regulations are an- ticipated to help retain California manufacturers and California jobs by adding a new competitive criterion and waiving Application Fees for Applicants rebuild- ing or relocating due to a fire, flood, storm, or earth- quake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application. Evaluation of Inconsistency/Incompatibility with Existing State Regulations Government Code

Section 11346.5(a)(3)(

D) re- quires that the notice of proposed rulemaking shall in- clude “an evaluation of whether the proposed regula- tion is inconsistent or incompatible with existing state regulations.’’ Authority staff reviewed the California Code of Regulations and found no other regulations dealing with this issue. Therefore, the Authority be- lieves that the proposed regulation is neither inconsis- tent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the Authority has made the following determinations regarding the effect of the regulations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The proposed regulations waive the Application Fee if the Applicant can demonstrate the Project is to relocate or rebuild the Applicant’s Facility due to a fire, flood, storm, or earth- quake identified in a state of emergency proclamation made by the California State Governor within two years of the time of application.

Generally, the Application Fee is intended to cover the cost of reviewing an Appli- cation. The fee is calculated by taking 0.05% of the total amount of Qualified Property identified in the Applica- tion, subject to a $500 minimum and a $10,000 maxi- mum. CAEATFA estimates approximately two Projects a year will qualify for an Application Fee waiver pur- suant to the proposed regulations. Assuming each of these Projects will have an average Application fee of

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1304 $5,500, the Authority estimates the Fiscal Year Impact as follows: Fiscal Year Impact: • Current (FY2018−19) $11,000 • FY2019−20 $11,000 • FY2020−21 $11,000 Cost to any local agency or school district that must be reimbursed in accordance with Govern- ment Code

section 17561: None. Other non−discretionary cost or savings imposed on local agencies: None. While the sales and use tax that is excluded could be seen as “lost revenue,” the Pro- gram regulations limit the financial assistance to those Applications/Projects that are anticipated to have a net fiscal and environmental benefit for the State. Addi- tionally, the proposed regulations do not expand CAEATFA’s authority to provide an STE nor increase the amount of STE that CAEATFA may grant, which is capped by statute. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.

Significant, statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states: The Authority has made the determina- tion that the proposed regulations will not have a signif- icant, statewide adverse economic impact directly af- fecting businesses, including the ability of California businesses to compete with businesses in other states. Participation in the Program is voluntary for California businesses.

For those businesses who choose to apply and are awarded a sales and use tax exclusion, the Pro- gram provides an incentive, which reduces their capital purchasing costs. In fact, the Authority finds that the proposed regulation will have a positive effect on cer- tain businesses that are awarded financial assistance and on the State’s economy and environment generally as a result of the increased economic activity of Ad- vanced Manufacturing and Recycled Resource Extrac- tion Projects and production of Alternative Source and Advanced Transportation products.

This determination is based on a review of the public comments received in previous rulemaking proceedings and analysis per- formed by the consultant hired by the Authority to assist with the development of the Program. RESULTS OF ECONOMIC IMPACT ANALYSIS Creation or Elimination of Jobs within the State of California The regulations help provide an incentive to Califor- nia manufacturers and therefore are not anticipated to eliminate jobs within the State of California.

The regu- lations are intended to help retain existing California manufacturers affected by certain physical disasters and therefore are not anticipated to create jobs within the State of California. Creation of New or Elimination of Existing Businesses within the State of California The regulations help provide an incentive to Califor- nia manufacturers and therefore are not anticipated to eliminate existing businesses within the State of Cali- fornia.

The regulations are intended to help retain exist- ing California manufacturers affected by certain physi- cal disasters and therefore are not anticipated to create new businesses within the State of California. Expansion of Businesses Currently Doing Business within the State of California The regulations are intended to help retain existing California manufacturers affected by certain physical disasters and therefore are not anticipated to expand businesses currently doing business within the State of California.

Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The regulations are intended to help retain existing California manufacturers affected by certain physical disasters. The regulations may benefit the State’s envi- ronmental and fiscal health by incentivizing advanced manufacturing, recycling, and the manufacturing and production of alternative source products and advanced transportation technologies.

Cost impact on a representative private person or business: The Authority is not aware of any cost im- pacts that a representative private person would incur as a result of compliance with the proposed action. In fact, the proposed regulation waives the Application Fee for some Applicants, reducing the cost of receiving Finan- cial Assistance through the Program. Small Business: The proposed regulations will not have an adverse impact on small businesses in Califor- nia and will not affect small businesses since they do not impose additional restrictions or costs on small businesses.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13) the Authority must determine that no reasonable alternative to the regulations considered by the Authority or that have otherwise been identified and brought to the attention of the Authority would be more effective in carrying out the purpose for which the regu- lations are proposed, or would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost−effective to affect-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1305 ed private persons and equally effective in implement- ing the statutory policy or other provision of law. The Authority invites interested persons to present statements with respect to alternatives to the regulations during the written comment period.

AGENCY CONTACT PERSON Written comments, inquiries and any questions re- garding the substance of the regulations shall be sub- mitted or directed to: Ashley Bonnett, Program Manager CAEATFA 915 Capitol Mall, Room 538 Sacramento, California 95814 Telephone: 916−651−5100 Email: abonnett@treasurer.ca.gov Xee Moua, Analyst CAEATFA 915 Capitol Mall, Room 538 Sacramento, California 95814 Telephone: 916−653−3303 Email: xmoua@treasurer.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF THE PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re- quired by law.

The file is available for inspection at the Authority’s office at 801 Capitol Mall, Room 220, Sacramento, California 95814, during normal business working hours. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the pro- posed text of the Regulations. Copies of these items are available upon request from the Agency Contact Person designated in this Notice or at the Authority’s website located at https://www.treasurer.ca.gov/caeatfa/ste/ regulations/index.asp.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and the written comment pe- riod ends, the Authority may adopt the regulations sub- stantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified.

Inquiries about and requests for copies of any changed or modified regulations should be addressed to the Agency Contact Person identified in this Notice. The Authority will accept writ- ten comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based, including studies or documents relied upon, is contained in the rulemaking file, which is avail- able for public inspection by contacting the Agency Contact Person designated in this Notice. Upon com- pletion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designat- ed in this Notice or at the Authority’s website at https://www.treasurer.ca.gov/caeatfa/ste/regulations/ index.asp. TITLE 9.

DEPARTMENT OF HEALTH CARE SERVICES SUBJECT: Narcotic Treatment Program, DHCS−14−026 NOTICE IS HEREBY GIVEN that the Department of Health Care Services (Department) proposes to adopt Sections 10021, 10036, 10037, 10056.5 and 10386; amend Sections 10000, 10010, 10020, 10025, 10030, 10035, 10040, 10045, 10055, 10056, 10057, 10060, 10095, 10125, 10130, 10145, 10160, 10165, 10190, 10195, 10240, 10260, 10270, 10280, 10315, 10320, 10330, 10345, 10355, 10360, 10365, 10370, 10375, 10380, 10385, 10410, and 10425; and repeal Sections 10015 and 10340 of Title 9 of the California Code of Regulations (CCR) after considering all public comments, objections, and recommendations.

WRITTEN COMMENT PERIOD Any interested person or his or her duly authorized representative may submit written comments to the De- partment relevant to the regulatory action described in this notice. Please label any comments as pertaining to Narcotic Treatment Program, DHCS−14−026 and submit us- ing any of the following methods:

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1306 Mail Delivery: Department of Health Care Services Office of Regulations, MS 0015 P.O. Box 997413 Sacramento, CA 95899−7413 Hand Delivery: Department of Health Care Services Office of Regulations 1501 Capitol Avenue, Suite 5084 Sacramento, CA 95814 FAX: (916) 440−5748 Email: regulations@dhcs.ca.gov The written comment period closes at 5:00 p.m. on October 3, 2018, any written comments, regardless of the method of transmittal must be received by the Office of Regulations by 5:00 p.m. on this date for consideration.

Written comments should include the author’s con- tact information so the Department can provide notifi- cation of any further changes to the regulation proposal. A public hearing has not been scheduled for this rule- making. However, the Department will conduct a hear- ing if a written request for a public hearing is received from any interested person or his or her duly authorized representative, no later than 15 days prior to the close of the written comment period, pursuant to Government Code

Section 11346.8. The Department shall consider all comments re- ceived regarding the proposal equally, whether submit- ted in writing or through oral testimony at a public hearing. Authority and Reference These regulations are being proposed under the fol- lowing authorities: Sections 20, 11750, 11755, 11835, 11839.3, 11839.6 and 11839.20, Health and Safety Code. These proposed regulations implement, interpret, or make specific the following: Sections 11217, 11839.2, 11839.3, 11839.4, 11839.5, 11839.6, 11839.7, 11839.9, 11839.10, 11839.12, 11839.16, 11839.19, 11839.20, 11839.22 and 11839.24, Health and Safety Code; and

Chapter 5 (commencing with

Section 11500),

Part 1, Division 3, Title 2, Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department’s mission is to provide Californians with access to affordable, integrated, high−quality health care, including medical, dental, mental health, substance use treatment services and long−term care. In support of this mission, the Department administers many health care programs including Narcotic Treat- ment Programs (NTPs). In California, NTPs, also known federally as Opioid Treatment Programs (OTPs), are licensed by the De- partment.

California’s NTPs provide replacement nar- cotic therapy (RNT) to those persons addicted to opi- ates. RNT combines behavioral therapy and medica- tions to treat substance use disorders. NTPs also pro- vide detoxification and/or maintenance treatment ser- vices which include medical evaluations and rehabilita- tive services to help the patient become and/or remain a productive member of society.

Program History NTPs are outpatient clinics that are permitted to use levoalphacetylmethadol (LAAM), methadone, buprenorphine or buprenorphine combination prod- ucts, and any other federally controlled substance ap- proved by the United States Food and Drug Adminis- tration (FDA) for the purpose of RNT. NTPs have been licensed in California since the early 1980s.

In addi- tion to complying with current law as provided in the Health and Safety Code (HSC), NTPs also must ad- here to applicable laws in Titles 21 and 42 Code of Fed- eral Regulations (CFR), Title 9 of the CCR, and meet physical security requirements for storage and dispens- ing of controlled substances as administered by the United States Drug Enforcement Administration (DEA). NTPs provide RNT in an outpatient, medically super- vised setting to persons who are addicted to opioids. Services include, but are not limited to, replacement opioid medication and counseling.

The Department has sole authority to license NTPs, which currently in- cludes 161 licensed providers. When an NTP applica- tion is received, reviewed, and determined to be com- plete, an on−site review is conducted by the Department prior to licensure. An NTP applicant must demonstrate a need for NTP services in the county and receive the county Board of Supervisor’s support in order to apply for an NTP license. Annual on−site reviews conducted by the Department are required to ensure ongoing com- pliance with Federal and State laws as well as regulato- ry requirements.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1307 Related Existing Laws and Regulations Assembly Bill (AB) 75 (Chapter 22, Statutes of 2013) added

Section 11750 to the HSC, which transferred the administration of prevention, treatment, and recovery services for alcohol and drug abuse from the Depart- ment of Alcohol and Drug Programs (ADP) to the Department. HSC

Section 11839.2(

c) provides for the controlled substances that are authorized for use in RNT by NTPs. Buprenorphine and buprenorphine combination prod- ucts are approved medications to be used in NTPs for the treatment of opioid use disorder. This regulatory proposal includes amendments to include buprenor- phine and buprenorphine combination products for use in RNT. Senate Bill (SB) 973 (Hernandez,

Chapter 484, Statutes of 2014) amended HSC

Section 11839.3, to au- thorize NTPs to admit patients at the discretion of the medical director and requires changing the patient iden- tifier from sequential numbers to unique identifiers. SB 973 also changed take−home medication requirements by allowing retired or disabled patients to be eligible for take−home medication, allowing programs to close on Sundays and provide take−home doses to eligible pa- tients, and allowing the medical director the discretion to dilute take−home doses. Amendments throughout this regulatory proposal are intended to implement SB 973. HSC

Section 11839.3 authorizes the director of the Department to establish and enforce the criteria for the eligibility of patients to be included in the programs, program operation guidelines, such as dosage levels, record keeping and reporting, urinalysis requirements, take−home doses of controlled substances authorized for use pursuant to HSC

Section 11839.2, security against redistribution of narcotic replacement drugs, and any other regulations that are necessary to protect the safety and well−being of the patient, the local com- munity, and the public. Title 42, CFR,

Section 8.11, re- quires the Substance Abuse and Mental Health Services Administration (SAMHSA) to consult with the State authority prior to approving any application for an NTP. HSC

Section 11839.7 authorizes the Department to set a license fee at a level sufficient to cover all depart- mental costs associated with licensing incurred by the Department. This regulatory proposal includes amend- ments to NTP application fees and annual licensing fees consistent with HSC

Section 11839.7. Title 9, CCR, Division 4,

Chapter 4, Subchapter 1 commencing with

Section 10000 are the primary regu- lations for NTPs. These regulatory provisions address numerous topics including the program licensure, eval- uation and administration, medication security and pa- tient treatment. Many of these provisions will be updat- ed and amended through this regulatory proposal. This regulatory proposal includes amendments to bring the regulations into compliance with recently enacted statutes in order to enhance the Department’s oversight of the NTPs and improve the health and safety of NTP patients.

Statement of Purpose/Problem to be Addressed SB 973, effective January 1, 2015, allows an NTP to admit a patient to narcotic maintenance or narcotic detoxification treatment at the discretion of the medical director by removing the requirement that a patient waits seven days in−between treatment episodes, en- ables patients to qualify for self−administered take− home medication under specified circumstances, re- quires a medical director to determine whether or not to dilute self−administered take−home medication, and requires a unique patient identifier for record keeping.

The purpose of this regulation package is to implement, interpret and make specific the NTP services defined in HSC, Division 10.5,

Chapter 10 and to enact changes from SB 973 to remove barriers to access treatment and prevent unnecessary discomfort for patients in addic- tion recovery. Other changes are made to expand over- sight of NTPs and improve the health and safety of NTP patients. This regulation proposal addresses changes neces- sary to streamline the process for licensed patient ca- pacity change requests with the primary focus being ac- cess to NTP treatment services.

This regulation pack- age amends the antiquated process currently in place for increasing and decreasing the licensed patient capacity of an NTP, including how fees are calculated and col- lected. When an NTP reaches the licensed patient ca- pacity, the NTP is not able to intake additional patients until an application for a patient capacity increase is ap- proved by the Department. With the streamlined process, the Department anticipates eliminating any un- warranted wait time, which can create barriers in access to necessary services.

The changes are also expected to result in a clearly defined process including a shorter wait time for approval or denial of the request. Currently, 28 out of 58 counties do not provide NTP services. This is a major hurdle to access for the people in need of services in many rural communities. Also, many of the counties with the highest rates of opioid overdose resulting in death do not have access to NTP services. One of the most prominent reasons this lack of access is occurring is the inability to set up a traditional NTP business model in a rural area where there is a rela- tively small number of patients.

An evidence−based so- lution to this problem, included in this regulation pro- posal, is to create Office−Based Narcotic Treatment Networks (OBNTNs) and to expand the availability of medication units. These OBNTNs and medication units

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1308 are affiliated and associated with a licensed NTP and provide specified limited services. These smaller, limit- ed facilities will be more feasible for expansion into ru- ral areas; will reduce travel time to NTP services for many existing patients; and will increase access to NTP services in underserved areas. In 2005, HSC

Section 11839.2(c), established buprenorphine and buprenorphine combination prod- ucts as approved medications to be used in NTPs for the treatment of opioid use disorders. Buprenorphine and buprenorphine combination products are another medi- cation option for medication−assisted treatment that is highly effective in treating opioid use disorders. This regulation package will further specify the require- ments for NTPs treating patients with buprenorphine and buprenorphine combination products.

Anticipated Benefits of the Regulations This regulatory proposal supports the intent of the initiating legislation under HSC Sections 11755 and 11839.3, which states that the Department shall estab- lish and enforce any regulations that are necessary to protect the safety and well−being of the patient, the lo- cal community, and the public.

The amendments proposed through this regulatory action will promote the safety and well−being of the pa- tient, the local community and the public through elimi- nating a medically unnecessary seven−day waiting pe- riod between treatment episodes, adding retirement and medical disability to a list of qualifying factors for take− home medication doses, and leaving the decision to di- lute take−home medication to the medical director.

These amendments will directly benefit NTP patients by making it easier to transition from detoxification treatment to maintenance treatment, and by allowing patients who are retired or disabled to qualify for take− home medications. In addition to meeting the goals of the authorizing statutes, these proposed regulations support the proper and efficient administration of the NTPs (consistent with

Chapter 10,

Article 1 of the HSC) in accordance with the Federal and State laws that govern the program’s rules of participation. Additionally, this regulatory proposal and its inclu- sion of OBNTNs and medication units will help expand treatment services in more rural counties throughout California. HSC

Section 11839.6 includes provisions for OBNTNs but regulations specifically detailing their approval and operation have yet to be implemented. Financial viability can be a major barrier in establishing and operating a free standing self−contained NTP in ar- eas with small populations and even smaller popula- tions of individuals in need of NTP services. OBNTNs and medication units provide a solution to that problem. Stakeholder Involvement in Preparation of the Regulations The Department reviewed the proposed regulations with the Narcotic Treatment Programs Advisory Com- mittee (NTPAC) throughout 2015 and 2016.

The NTPAC is comprised of the following organizations: • Small, Medium and Large Narcotic Treatment Programs • California Society of Addiction Medicine • California Alcohol and Drug Program Executives • California Opioid Maintenance Providers • California Behavioral Health Directors’ Association • Patient Advisory and Advocacy Group These organizations are substance use disorder provider associations and county associations that have an interest in the proposed amendments.

Each date and topic that was discussed is listed below: — March 18, 2015: Draft of entire regulation package was reviewed — June 17, 2015: Medication Units were discussed with an opportunity for feedback — September 30, 2015: Allowed time for stakeholder feedback — January 7, 2016: Overview of regulation package and opportunity to comment — May 9, 2016: Overview of next steps and opportunity for feedback — June 1, 2016: Draft of entire regulation package was sent to stakeholders for informal feedback — June 9, 2016: Conference call with walkthrough of all topics in the regulation package and opportunity to provide feedback — September 7, 2016: Overview of next steps and opportunity to provide feedback The Department received stakeholder comments and feedback throughout the process and made adjustments to the proposed amendments as needed.

Consistency and Compatibility with Existing State Regulations The Department has conducted an evaluation of the related existing state regulations under Title 9, CCR, Division 4 and has determined that the regulations are consistent with and compatible with those regulations. An automated search of Title 9, Division 4 using the fol- lowing keywords: “Methadone, Narcotic treatment, Buprenorphine, Take−home medication, Opioid, and Unique identifier” was conducted via Westlaw and yielded no conflicting state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1309 Forms This regulatory action will update and expand defini- tions and program requirements. To assist the Depart- ment in verifying that program requirements are met, applicants/providers are required to complete specified forms to participate and continue to participate as a provider in the NTP. These forms allow the Department to effectively gather comprehensive and accurate infor- mation from applicants/providers that wish to partici- pate in the NTP.

These forms include criteria related to an applicant’s/provider’s: qualifications (i.e. licensing/ certification), facilities/clinic locations, and services rendered. It is critical that the Department obtain all of this information, including documentation/verification (as applicable), as well as assurances that the applicant/ provider is aware of the responsibilities for program participation. This information is necessary so that the Department can determine if an applicant/provider meets the standards to participate in the NTP and while participating that the provider is held to these standards.

These forms will help clearly identify the information that shall be reported to the Department and will help streamline and standardize the application for licen- sure, application for protocol amendment and the annu- al licensure renewal processes.

The following forms are incorporated by reference in this regulatory proposal. 1) Application for License Renewal form DHCS 4029 (04/16) 2) Initial Application Coversheet form DHCS 5014 (04/16) 3) Guarantor Agreement form DHCS 5020 (04/16) 4) Facility and Geographical Area form DHCS 5025 (04/16) 5) Staff Information form DHCS 5026 (04/16) 6) County Certification form DHCS 5027 (04/16) 7) Organizational Responsibility form DHCS 5031 (04/16) 8) Patient Death Report form DHCS 5048 (04/16) 9) Affiliated and Associated Acknowledgment form DHCS 5134 (04/16) 10) Application for Protocol Amendment form DHCS 5135 (04/16) These forms are incorporated by reference because it would be too cumbersome to publish the forms directly in the CCR.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Fiscal Impact Statement A. Costs to any Local Agency or School District that is required to be reimbursed Under

Part 7 (commencing with

Section 17500), Division 4 of the Government Code: Costs and/or savings are indeterminate. Costs to any Local Agency or School District that is not reimbursable by the State: Costs and/or savings are indeterminate. B. Costs or Savings to any State Agency: Overall state costs and/or savings are indeterminate. C. Costs or Savings in Federal Funding to the State: None. D. Other Nondiscretionary Costs or Savings Including Revenue Changes Imposed on State or Local Agencies: Costs and/or savings are indeterminate.

All cost impacts, known to the Department at the time the notice of proposed action was submitted to the Office of Administrative Law, that a representative private person or business would necessarily incur in reasonable compliance with the proposed action: 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.

Mandates on Local Agencies or School Districts The Department has determined that the proposed regulations would not impose a mandate on local agen- cies or school districts, nor are there any costs for which reimbursement is required by

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. Significant Statewide Adverse Economic Impact Affecting Businesses The Department has made an initial determination that the proposed regulations would 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. Results of the Economic Impact Assessment (Analysis) In accordance with Government Code

Section 11346.3(b)(1), the Department has determined that the proposed regulations would not significantly affect the following: 1. The creation or elimination of jobs within the State of California. 2. The creation of new businesses or the elimination of existing businesses within the State of California. 3. The expansion of businesses currently doing business within the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1310 Impact on Jobs and Businesses The Department has made the determination that the impact on jobs and businesses would only affect those providers operating NTPs who choose to open medica- tion units and OBNTNs. It is estimated that from 2017−2022 that a total of 14 medication units and/or OBNTNs may open, based on the number of counties that currently do not provide NTP services. A new ap- plication fee will be required for these facility types.

The fee is consistent with statutory requirements and is developed based on the costs incurred by the Depart- ment. There is no anticipated impact to businesses relat- ed to this fee or the application process as it is consistent with the existing process to open a primary NTP. The opening of an OBNTN or a medication unit will involve costs to the provider related to infrastructure. These costs will heavily depend on the region and in- clude costs associated with meeting the requirements for physically securing the medications to meet the DEA storage requirements in addition to staffing costs.

There will likely also be costs associated with adapting information systems to maintain the records of the pa- tients being seen by these facilities. If a provider opens an OBNTN or medication unit, new health care jobs will be created because it is esti- mated that each medication unit will require at least one licensed physician, physician extender or medical per- sonnel authorized to dispense

schedule II narcotics, as well as an administrative professional costing altogeth- er approximately $75,000 per year. Depending on the services offered, each OBNTN is estimated to require approximately two registered or certified counselors or licensed professionals acting as counselors, one admin- istrative professional and a part−time physician or physician extender costing altogether approximately $120,000 per year.

Benefits of the Proposed Regulation The Department has determined that the regulations will not specifically affect worker safety yet will have an impact on the public health, welfare and safety of Californians. The opioid epidemic affecting the nation is resulting in a tremendous strain on families and their communities due to a lack of access to treatment in rural settings for individuals needing treatment. The effect is seen in rising overdose rates resulting in a heavy impact on emergency services and in death for many individu- als.

The current reality of these effects are taking a tremendous toll on the public health, welfare and safety of Californians. For those seeking services, they are of- ten faced with access barriers due to services not being available in their communities and not having the abili- ty to travel the distances required to get to services while still maintaining employment. The regulations will benefit NTP providers through the provision of clear and comprehensive requirements for participation while adding new cost−effective op- portunities for the provision of services.

This in turn will benefit those in need of access to these services. This regulatory proposal ensures the proper and effi- cient administration of NTP services, in accordance with federal and state laws. The proposed amendments improve the integrity of the licensure requirements through clarity to the application process and a fee structure that is aligned correctly with statute yet will not have a notable change in the amounts due by NTP providers, or in their overall operations.

Effect on Small Businesses The Department has determined that the proposed regulations would only affect small businesses that choose to provide NTP services. While compliance with the proposed regulations is mandatory for all li- censed NTP providers, the new provisions allowing for an OBNTN and/or medication unit are voluntary and not required for providers to participate in these service opportunities. Housing Costs Determination The Department has made the determination that the proposed regulations would have no impact on housing costs. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law. Existing regulations found in Title 9, CCR, Division 4,

Chapter 4, Subchapter 1 commencing with

Section 10000 are the primary regulations for NTPs. These reg- ulatory provisions address numerous topics including program licensure, evaluation and administration, med- ication security and patient treatment. Many of these provisions will be updated and amended through this regulatory proposal. Using this regulatory proposal to adopt and amend requirements regarding NTPs is the most effective and convenient way to provide (current/ updated) information directly to those impacted includ- ing the providers, patients and county departments.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1311 ASSISTIVE SERVICES For individuals with disabilities, the Department can provide assistive services such as the conversion of written materials into Braille, large print, audiocassette and computer disk. For public hearings, assistive ser- vices can include sign−language

interpretation, real− time captioning, note takers, and reading or writing as- sistance. To request these assistive services, please call (916) 440−7695 (or California Relay at 711 or 1−800−735−2929), email — regulations@dhcs.ca.gov, or write to the Office of Regulations at the address noted above. Note: The range of assistive services available may be limited if requests are received less than ten business days prior to a public hearing.

The Department shall provide, upon request from a person with a visual disability or other disability for which effective communication is required under state or federal law, a narrative description of the additions to, and deletions from, the California Code of Regula- tions or other publication in a manner that allows for ac- curate translation by reading software used by the vis- ually impaired. Providing this description may require extending the period of public comment for the pro- posed action pursuant to Government Code

Section 11346.6. CONTACT PERSONS Inquiries regarding the proposed regulations de- scribed in this notice may be directed to Michael Free- man, Narcotic Treatment Programs at (916) 345−7590. All other inquiries concerning the action described in this notice may be directed to Kenneisha Moore of the Office of Regulations, at (916) 345−8342, or to the des- ignated backup contact person, Jasmin Delacruz, at (916) 440−7695.

A V AILABILITY OF TEXT OF REGULATIONS AND STATEMENT OF REASONS The Department has prepared and has available for public review an initial statement of reasons for the pro- posed regulations, all the information upon which the proposed regulations are based, and the text of the pro- posed regulations. The Office of Regulations, at the ad- dress noted above, will be the location of public records, including reports, documentation, and other material related to the proposed regulations (rulemaking file).

In addition, a copy of the final statement of reasons (when prepared) will be available upon request from the Of- fice of Regulations. The full text of any regulation which is changed or modified from the express terms of this proposed action will be made available by the Department’s Office of Regulations at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation.

Materials regarding the regulatory action described in this notice (including this public notice, the regula- tion text, and the initial statement of reasons) are posted to the Department’s Internet site at: http:// www.dhcs.ca.gov/formsandpubs/laws/Pages/ ProposedRegulations.aspx . In order to request a copy of this public notice, the regulation text, and the initial statement of reasons be mailed to you, please call (916) 440−7695 (or Califor- nia Relay at 711 or 1−800−735−2929), email regulations@dhcs.ca.gov, or write to the Office of Reg- ulations at the address noted above. 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 October 1, 2018, at 5:00 p.m.

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) 227−2801 or emailing them to Connie.Paoli@post.ca.gov or by letter: Commission on POST Attention: Connie Paoli 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1312 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW At the June 21, 2018 meeting, the Commission ap- proved a proposed amendment to POST Regulation 1015 and Commission Procedure E. The proposed amendments would allow law enforcement personnel to access the most current reimbursement rates provid- ed on the California Human Resources Department (CalHR) website. The proposed changes, upon ap- proval of the Office of Administrative Law will be- come effective January 1, 2019.

Current regulatory language provides specific reim- bursement rates for various counties in the state in which law enforcement personnel attend related train- ing and workshops. The proposed regulatory revisions are intended to make POST Regulation 1015 consistent with CalHR rates in a clear and concise fashion and meet the needs of POST’s clients. The changes will replace actual rates with a direct link to the CalHR website and will allow law enforce- ment personnel to review exact reimbursement rates.

The specific benefits anticipated by the proposed changes to the regulation will bring the regulation into alignment with current practices in other areas of the POST website. This amendment will allow staff to effi- ciently meet the needs of POST agencies and stakehold- ers by allowing them access to accurate rates as outlined on the CalHR website. The benefits of the proposed amendments of regula- tions to the health and welfare of California residents would be to provide a better process for the exemption for requalification for peace officers.

There would be no impact that would affect worker safety or the State’s environment. During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training 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.

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 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 require 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 health and welfare of California residents

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1313 would be to provide a better process for the exemption for requalification for peace officers. There would be no impact that would affect worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Commission must de- termine that no reasonable alternative it considered, or that has otherwise been 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, would be as effective, and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provisions of the law.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Connie Paoli, at Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630, or by email at Connie.Paoli@post.ca.gov or (916) 227−2805. The alternate contact is Heidi Hernandez at Heidi.Hernandez@post.ca.gov or (916) 227−2802.

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 Christy Correa at christy.correa@post.ca.gov, or by phone at (916) 227−4847.

To request a copy of the Final Statement of Reasons once it has been prepared, submit a written request to: Connie Paoli Commission on POST 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 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, 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.

GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION CALIFORNIA FISH AND GAME COMMISSION NOTICE OF FINAL CONSIDERATION OF PETITION NOTICE IS HEREBY GIVEN pursuant to the provi- sions of Fish and Game Code

Section 2078, that the Cal- ifornia Fish and Game Commission (Commission), has scheduled final consideration of the petition to list Humboldt marten (Martes caurina humboldtensis) as a threatened or endangered species for its August 23, 2018 meeting. Consideration of the petition will be heard August 23, at 8:30 a.m., or as soon thereafter as the matter may be heard, at the River Lodge Conference Center, 1800 Riverwalk Drive, Fortuna, California.

The agenda of the August 23, 2018 meeting, and the agendas and video archive of previous meetings where actions were taken on Humboldt marten are available online at http://www.fgc.ca.gov/meetings/. Pursuant to the provisions of Fish and Game Code, sections 2075 and 2075.5, the Commission will consid- er the petition and all other information in the records before the Commission to determine whether listing Humboldt marten as a threatened or endangered species is warranted.

The petition, the California Department of Fish and Wildlife evaluation reports, and other information in the records before the Commission are posted on the Commission website at http://www.fgc.ca.gov/ regulations/2018/index.aspx. FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION NOTICE IS HEREBY GIVEN that, pursuant to the provisions of

Section 2073.3 of the Fish and Game Code, the California Fish and Game Commission (Commission), on July 23, 2018, received a petition from the Karuk Tribe and the Salmon River Restoration Council to list Upper Klamath−Trinity River spring Chinook salmon (Oncorhynchus tshawytscha) as en- dangered under the California Endangered Species Act.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1314 Upper Klamath−Trinity River spring Chinook salmon occupy the main stems of the Klamath and Trin- ity rivers and tributaries during migration, spawning, and rearing; they also occupy the estuary and open ocean for variable time periods during maturation. Pursuant to

Section 2073 of the Fish and Game Code, on August 2, 2018, the Commission transmitted the pe- tition to the California Department of Fish and Wildlife (Department) for review pursuant to

Section 2073.5 of said code. The Commission will receive the petition at its October 17−18, 2018 meeting in Fresno. It is antici- pated that the Department’s evaluation and recommen- dation relating to the petition will be received by the Commission at its December 12−13, 2018 meeting in Oceanside. Interested parties may contact Kevin Shaffer, Fish- eries Branch Chief, at California Department of Fish and Wildlife, 830 S Street, Sacramento, CA 95811 or (916) 327− 8841 or Kevin Shaffer@wildlife.ca.gov, for information on the petition or to submit information to the Department relating to the petitioned species.

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) Announcement of the Carcinogen Identification Committee Meeting Scheduled for November 1, 2018 and Availability of Hazard Identification Materials for N−Nitrosohexamethyleneimine and Gentian Violet The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 1 (Proposition 65).

The Carcinogen Identification Committee (CIC) advises and assists OEHHA in com- piling the list of chemicals known to the state to cause cancer as required by Health and Safety Code

section 25249.8. The Committee serves as the state’s qualified experts for determining whether a chemical has been clearly shown through scientifically valid testing ac- cording to generally accepted principles to cause cancer. N−Nitrosohexamethyleneimine and gentian violet will be considered for possible listing by the CIC at a public meeting scheduled for Thursday, November 1, 2018. The meeting will be held in the Sierra Hearing Room at the CalEPA Headquarters building, 1001 I Street, Sacramento, California. The meeting will begin at 10:00 a.m. and will last until all business is conducted or until 5:00 p.m.

The agenda for the meeting will be provided in a future public notice published in advance of the meeting. OEHHA announces the availability for public review of the hazard identification documents entitled: “Evidence on the Carcinogenicity of N−Nitrosohex- amethyleneimine” and “Evidence on the Carcinogenic- ity of Gentian Violet.” The CIC will consider these doc- uments in making any listing decisions on N−nitroso- hexamethyleneimine and gentian violet at its Novem- ber 1, 2018 meeting.

In preparing these documents, OEHHA issued a request for information relevant to the evidence of carcinogenicity of N−nitrosohexa− methyleneimine and gentian violet. The data call−in period for this request for information opened on April 6, 2018 and closed on May 21, 2018. No submissions were received. Copies of the hazard identification documents are available from OEHHA’s website at https://oehha.ca. gov/proposition−65. The documents may also be re- quested from OEHHA’s Proposition 65 Implementa- tion Office by calling (916) 445−6900.

This notice marks the beginning of a 45−day public comment period on these documents. OEHHA must receive comments and any supporting documenta- tion by 5:00 p.m. on Monday, October 1, 2018. All timely filed public comments will be provided to CIC members in advance of the meeting. The public is also able to make oral comments at the meeting. Public com- ments at the meeting will be limited to five minutes per commenter, except for those commenters who make re- quests by October 2, 2018 and receive approval from the Chair for longer comments.

If you would like to make public comments to the Committee exceeding five minutes, please submit a request with an estimate of the time you will need and the reason you are request- ing additional time, to the Proposition 65 mailbox at P65Public.Comments@oehha.ca.gov or call the Proposition 65 Implementation Office at (916) 445−6900 by 5:00 p.m. on October 1, 2018. Comments on the hazard identification documents may be submitted electronically through our website at https://oehha.ca.gov/comments.

Comments submitted in paper form can be mailed, faxed, or delivered in per- son to the address below. 1 Health and Safety Code

section 25249.5 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1315 Mailing Address: Michelle Ramirez Office of Environmental Health Hazard Assessment P.O. Box 4010, MS−12B Sacramento, California 95812−4010 Street Address: 1001 I Street Sacramento, California 95814 Fax: (916) 323−2265 Comments received during the public comment peri- od will be posted on the OEHHA website in advance of the meeting. Electronic files submitted should not have any form of encryption because OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request.

If you provide comments, please be aware that your name, address and e−mail may be available to third parties. If you have any questions, please contact Michelle Ramirez at Michelle.Ramirez@OEHHA.ca.gov o r (916) 445−6900. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) ACCEPTANCE OF A REQUEST FOR A SAFE USE DETERMINATION FOR STYRENE IN FIBER CARE BATHS, INC.

BATHWARE PRODUCTS MANUFACTURED UTILIZING 15T AND 2ND LAMINATIONS SYSTEMS AND LV−9800 ACRYLATED GEL−COAT AND OPPORTUNITY FOR PUBLIC COMMENT The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65, codified at Health and Safety Code

section 25249.5 et seq.). OEHHA has received a request for a Safe Use Determi- nation (SUD) for styrene in Fiber Care Baths, Inc. bath- ware products, including tub showers, tubs, shower pans, shower stalls, walk−in baths, and handicapped ac- cess stalls, manufactured utilizing 1st and 2nd lamina- tions systems and application of the LV−9800 acrylated gel−coat. Specifically, this request is for a determina- tion that exposures to styrene from these bathware products do not present significant cancer risks under Proposition 65, and therefore do not require a warning.

The request is made by Tech America Corp. on behalf of Fiber Care Baths, Inc. pursuant to Title 27 of the Cali- fornia Code of Regulations,

section 25204(b)(3). This SUD request is limited to exposures to styrene from Fiber Care Baths, Inc. bathware products manu- factured utilizing 1st and 2nd laminations systems and application of the LV−9800 acrylated gel−coat. Expo- sure to other listed substances, if any, which may be present in these materials will not be reviewed by OEHHA in the context of this request. In accordance with the process set forth in

section 25204(f)1, interested persons may comment on the re- quest in writing within a 30−day public comment peri- od. In order for public comments to be considered, OEHHA must receive written comments by 5:00 p.m. on Monday, September 17, 2018. We encourage you to submit comments in electronic form, rather than in paper form. Comments may be submitted electroni- cally through our website at https://oehha.ca. gov/ comments. Comments submitted in paper form may be mailed, faxed, or delivered in person to the address below. Mailing Address:Michelle Ramirez Office of Environmental Health Hazard Assessment P.O.

Box 4010, MS−12B Sacramento, California 95812−4010 Fax:(916) 323−2265 Street Address:1001 I Street Sacramento, California 95814 Comments received during the public comment peri- od will be posted on the OEHHA website after the close of the comment period. Electronic files submitted should not have any form of encryption. A public hearing on this request for a SUD will be scheduled upon request. To request a hearing, send an e−mail to Michelle Ramirez at Michelle.Ramirez@ oehha.ca.gov or to the address listed below by no later than August 31, 2018, which is at least 15 days before the close of the comment period.

If requested, the hear- ing will be held on a date not less than 30 days after the notice is published. OEHHA will mail a notice of the hearing to the requester and the notice will also be post- ed on the OEHHA website at least ten days before the public hearing date. The notice will provide the date, time, and location of the hearing. 1All referenced sections are from Title 27 of the Cal. Code of Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1316 If you have any questions, please contact Ms. Ramirez at Michelle.Ramirez@oehha.ca.gov or (916) 445−6900. DECISION NOT TO PROCEED DEPARTMENT OF CORRECTIONS AND REHABILITATION Pursuant to Government Code

section 11347 California Department of Corrections and Rehabilitation Re: Notice of Proposed Rulemaking concerning Cell, Property, and Body Inspections Pursuant to Government Code

Section 11347, the California Department of Corrections and Rehabilita- tion hereby gives notice that it has decided not to pro- ceed with the rulemaking action published in the Cali- fornia Regulatory Notice Register on September 1, 2017, Register 2017, No. 35−Z. The proposed rulemak- ing concerned Cell, Property, and Body Inspections (OAL Notice Z2017−0822−07.) Any interested person with questions concerning this rulemaking should contact Anthony Carter at either (916) 445−2220 or by e−mail at: Anthony.Carter@ CDCR.ca.gov. The Department will also post this Notice of Decision Not to Proceed on its website.

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS (Pursuant to title 1,

section 270, of the California Code of Regulations) DEPARTMENT OF CORRECTIONS AND REHABILITATION The Office of Administrative Law has accepted the following petition for consideration. Please send your comments to: Thanh Huynh, Senior Attorney Office of Administrative Law 300 Capitol Mall, Ste. 1250 Sacramento, CA 95814 A copy of your comment must also be sent to the peti- tioner and the agency contact person.

Petitioner: Andrea Cardosa, WF1463 CIW, EA405UP 16756 Chino Corona Road Corona, California 92880 Agency contact: Ying Sun, Chief Department of Corrections and Rehabilitation Regulations and Policy Management Branch Post Office Box 942883 Sacramento, California 94283−0001 Please note the following timelines: Publication of Petition in Notice Register: August 17, 2018 Deadline for Public Comments: September 17, 2018 Deadline for Agency Response: November 1, 2018 Deadline for Petitioner Rebuttal: No later than 15 days after receipt of the agency’s response Deadline for OAL Decision: December 17, 2018 The attachments are not being printed for practical reasons or space consideration.

However, if you would like to view the attachments please contact Margaret Molina at (916) 324−6044 or mmolina@oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1317 RECEIVED JUN 01 2018 STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE LAW ANDREA CARDOSA, WF1463 CIW, EA405UP 16756 CHINO CORONA RD. CORONA, CA 92880 PETITIONER OFFICE OF ADMINISTRATIVE LAW 300 CAPITOL MALL, STE 1250 SACRAMENTO, CA 95814 PETITION SEEKING DETERMINATION OF AN UNDERGROUND REGULATION AGENCY: DEPARTMENT OF CORRECTIONS AND REHABILITATION 3. PURPORTED UNDERGROUND REGULATION An internal memorandum from the Office of Correc- tional Education and addressed to “Principals” contains the policy amending criteria for earning milestone com- pletion credits for college coursework is the alleged un- derground regulation. (Exhibit

A) This memorandum also declared the Department “has filed a proposed amendment to the regulatory

schedule for education programs that qualify for mile- stone completion credit that will take effect when final rulemaking package for Proposition 57 is adapted in the spring of 2018’’ (p.1, Exhibit

A) The specific provisions on page 4 of this memoran- dum depart from the criteria in the California Code of Regulations, Title 15, subsection 3043.3 subdivisions (

d) and (e), by amending the criteria and enlarging the scope by adding additional criteria not originally in- cluded in the regulations. These additional criteria are in the form of 8 bulleted items pertaining to the type of college class and are in- terpreted to override the requirements of coursework, assignments, and evaluations demonstrating mastery that is the language provided to the electorate.

These new criteria focus on the value level or aca- demic weight of each class rather than tasks or the aca- demic performance of inmates participating in the col- lege classes: diligent attendance, completing assign- ments, instructor evaluations, measured assessments, and demonstration of mastery — all of which contribute to effective rehabilitation. Effectively, these criteria reward the class not the per- forming inmate. The incentive that was communicated to the public and the inmate was garnered to the inmate,

whereas the new policy shifts that incentive to the inani- mate class. This was not put to the voters, nor was it ap- proved by the voters. This policy also changes the agreement between the Department and the interested parties, an implication that any work in one class is less or more than another. This is a flawed implication. The language in the memorandum indicated the De- partment’s acknowledgment of their obligation to com- ply with the Administrative Procedures Act prior to the adoption of new policy, yet this obligation has not been met. 4.

DESCRIPTION OF AGENCY ACTIONS The regulations of the Public Safety Act of 2016 (Proposition 57) were effective as late as August 2017. The fall semester of Chaffey College at the California Institution for Women began in August 2017. It ended in December 2017. The internal memorandum chal- lenged was distributed to Principals and dated January 2, 2018, after the completion of a semester (Exhibit A). After the inmates complied with and met the regula- tions at the completion of the semester, this new policy served to deny the awarding of milestone completion credit.

However, they were not notified of any of the proposed changes. When inmates should have been receiving notice of earned credits, they were not, and it created the circula- tion of the rumor that credits would not be awarded. This rumor was then confirmed when Mr. Rodriguez, the VEP teacher at CIW, posted a list of Chaffey classes that were eligible for milestone credits. This is when in- mates learned that their commitment to education was not rewarded, but the class was. The class is not the one interested in prison credits.

No where in the original regulations stipulated specific criteria about the type of college class needed for credit. This new criteria had been adopted and implemented without communica- tion to the public or the inmates. In April 2018, there was still no amendment to the regulation or communication of this policy change to the inmates. Petitioner initially challenged this policy, but Mr. Rodriguez denied it based on the reliance of the policy, “guidelines dictated by CDCR’s Office of Cor- rectional Education” (Exhibit B).

It is only after this challenge that I was able to procure a copy of the inter- nal memorandum. Another inmate challenged the policy via the 602 remedy (Exhibit

C) and was also denied. Her challenge was assigned to the office of the Associate Warden over Housing and Education. This denial was also based on the policy in the memorandum. When this petitioner initiated her 602 remedy, this challenge was not assigned to the Associate Warden but to a person named S. Watts, a Government Program An-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1318 alyst (Exhibit D). There has been no disposition of this remedy as of the submission of this petition. Though inmates enrolled in one of the top 10 commu- nity colleges in the state of California have successfully completed two semesters (6 classes, 20 units) of assign- ments, evaluations, attendance, and assessments, mile- stone credits have not been awarded for the first semes- ter, and determination is pending for the second semester.

The Prison Law Office published “new and revised programming credits” as of March 9, 2018, and this new policy is not included, nor has the original criteria been abated (Exhibit E). 5. LEGAL BASIS FOR CONCLUSION THAT POLICY AND CRITERIA IS A REGULATION AS DEFINED IN

SECTION 11342.600 of GOVT. CODE Penal Code

section 5058, subd.(

a) provides in rele- vant part: “The [CDCR Secretary] may prescribe and amend rules and regulations for the administration of prisons . . . The rules and regulations shall be promul- gated and filed pursuant to [the APA], except as other- wise provided in this

section and sections 5058.1 to 5058.3, inclusive.’’ Pursuant to the APA, “[n]o state agency shall issue, utilize, enforce, or attempt to enforce any guideline, cri- terion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in

Section 11342.600, unless the guideline, criteria, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State,’’ (Gov- ernment Code,

Section 11340.5, subd. (a). The attached exhibits demonstrate the reliance on this policy affect- ing new criteria for earning milestones. Reliance on this policy is an obstruction to the Act’s purpose, which “shall be broadly construed to accom- plish its purposes” (Text of Proposition 57,

Section 9, p.146). The act’s emphasis on rehabilitation is a dramat- ic change of course and a ringing endorsement of reha- bilitation as opposed to pure punishment,” (People v. Cervantes (2017) 9 Cal. App. 5th 569, 596, 215 Cal. Rptr. 3d 174) This policy sent from the Office of Cor- rectional Education changes the very incentive provid- ed to inmates and shifts focus from their performance to the class itself. Further, as reflected on the 602 remedy assignment form given to petitioner, the topic is labeled as “INCENTIVE” (Exhibit D).

The incentive is not based on their rehabilitation but on the completion of higher level college courses. “Once a person begins serving his prison sentence, he is governed by an entirely distinct and exclusive scheme for earning credits to shorten the period of in- carceration” (People v. Buckhalter (2001) 26 Cal. 4th 20, 31, 108 Cal. Rptr. 2d 625, 25 P.3d 1103). This scheme was provided for in the regulations effective in August 2017, yet CDCR has not adhered to them and has implemented far different ones. Careful attention must be paid to the word “inter- pret”; Govt.

Code § 11342.600 must be read together with other applicable statutes, notably §§ 11346, 11340.5. These authorities indicate that agency “inter- pretations” of statutes and regulations need not be adopted pursuant to the APA unless those interpreta- tions involve the quasi−legislative creation of a “new regulation standard” (Bendix Forest Products Corp. v. Division of Occup; Saf. & Health (1979) 25 Cal. 3d 465, 472, 158 Cal. Rptr. 882, 886, 600 P.2d 1339).

The “new” rule standard may be something as simple as a rule setting a deadline for receipt . . or as complex as a wholly new inmate classification system for the state prison system[Stoneham v. Rushen (1982) 137 Cal. App.3d 729, 188 Cal. Rptr. 130] An example of a policy determined to be regulations subject to APA rulemaking requirement: A policy memorandum declaring that work performed outside one’s job classification does not count toward qualify- ing for a promotion (Ligon v. State Personnel Bd.(1981) 123 Cal. App. 3d 583, 588, 176 Cal. Rptr. 717).

The na- ture of this policy is apposite to that of the policy imple- mented by the Office of Correctional Education, declar- ing that coursework in certain classes does not qualify for milestone credit after originally establishing that it did. This is the disparity challenged,where the validity of the internal memorandum rests on improper imple- mentation: it was done so without promulgation, sub- ject to the rulemaking procedures of the APA.

This protocol declares how a certain class of inmates would be treated, and CDCR failed to comply with the APA procedures in the implementation of the provision in the memorandum. Further, if the voters had intended to make specific criteria exluding certain college cour- ses (inherently de−valuing the effort and performance of inmates) under Proposition 57, they presumably would have said so. If a rule constitutes a regulation within the meaning of the APA, it may not be adopted, amended, or repealed except in conformity with basic minimum procedural requirements, Govt.

Code § 11346(a), that are exacting. (Morales v. CDCR (2008) 168 Cal. App. 4th 729) Morales, supra, 168 Cal. App. 4th 729 went on to cite APA, Govt. Code § 11340 et. seq.’s definition of “regu- lation” as every rule . . . “or revision of any rule” as the internal memorandum serves as a revision of the regula- tion regarding milestone completion credit. This policy carries the two identifying characteristics of a regula- tion subject to the APA: the agency intends this rule to apply generally, as it was addressed to “Principals” (fa-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1319 cilities and institutions with education programs), and the rule is implementing and making specific the law enforced and administered by the agency. As the prison’s reliance evinced in the enclosed de- nials reflects a policy adoption, it has been determined that “Proposed policy statement of apprenticeship council was, in effect, a rule of the counsil and as such, to have legal force, was required to be properly promul- gated and published in Administrative Code in accor- dance with §§ 11370 to 11440, now § 11340 et. seq., 21 Op. Atty.

Gen. 161 (1953). The statutory constraints on an agency’s ability to adopt regulations apply with equal force to more infor- mal agency action (County of San Diego v. Bowen (2008) 82 Cal. Rptr. 3d 818, 166 Cal. App. 4th 501) Even if this policy is considered to be informal or slight, it is still subject to the rulemaking procedures of the APA. In Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal. 4th 557, the Division of Labor Standards Enforcement (DLSE) adopted a written policy provid- ing that previously announced Industrial Welfare Com- mission standards pertained to certain types of nautical crews.

This was done without public input. This written policy is akin to the policy from the Of- fice of Correctional Education that was implemented without public input. That policy was challenged on the ground that the DLSE failed to comply with APA proce- dures in promulgating it, and so is this petitioner’s chal- lenge based on the same ground: CDCR/OCE has adopted this written policy without public input. It has adopted it without even changing the regulation that governs the milestone completion credit for education programs and college classes.

Further, to the extent any of the contents of the state- ment of policy or procedure depart from or embellish upon express statutory authorization and language, the [agency] will need to promulgate regulations.’’ (Engel- mann v. State Bd. of Education (1991) 2 Cal.App. 4th 47, 62, 3 Cal. Rptr. 2d 264). This policy departed from the performance of the inmate to the type of class com- pleted. Since the purpose of the Act is rehabilitation, a policy that focuses on the classes instead of the inmate, and removes incentive, it cannot be considered in line with the purpose of the statute.

POLICY DOES NOT FALL WITHIN EXCEPTIONS The sole legally tenable understanding of the law cannot be argued in this case. In February 2018, the Prison Law Office distributed a letter with the same in- terpretation the inmates held and comunicated in the internal memorandum in question: page 1, paragraph 2 of the memorandum states the very language of completion of assignments, etc. The Prison Law Of- fice also held this

interpretation (Exhibit F). The Prison Law Office construed no other

interpretation, and it certainly did not concur with the

interpretation of a certain type of college course as criteria. The explicit language in the memorandum, “Under the current MCC Schedule” established the existing regulation, therefore any denial of milestones conflicts with the current MCC Schedule. Denying milestones based on an anticipated change is not appropriate prac- tice. Additionally, the exception for the lone legally ten- able reading of the law applies only in situations where the law can reasonably read only one way. This new pol- icy reads rules that are not included in the regulations in any language. “The internal management exception in Govt.

Code, § 11340.9, subd.(d), is a narrow one, as demonstrated by a line of cases consistently rejecting its application — even where the policies govern internal administra- tive matters — if the policies or procedures affect the in- terests of persons other than the agency itself’’ (Califor- nia School Bds. Assn. v. State Bd. of Education (2010) 191 Cal. App. 4th 530). As this policy affects inmates in prisons across the state, it cannot be said that it only af- fects the interests of those in the agency.

Any doubt as to the applicability of the APA’s re- quirements for regulations should be resolved in favor of the APA (Morales v. California Dept. of Corrections and Rehabilitation (2008) 85 Cal. Rptr.3d 724, 168 Cal. App. 4th 729) Teachers’ union seeking enforcement of regulation governing certification of studio teachers was not re- quired to petition assistant state labor commissioner and state Department of Industrial Relations to adopt, amend or repeal regulations prior to seeking writ of mandate, but rather to enforce it as written (Motion Pic- ture Studio Teachers & Welfare Workers v. Millan (1996) 59 Cal.

Rptr.2d 608, 51 Cal. app. 4th 1190) 6. ISSUES OF CONSIDERABLE PUBLIC IMPORTANCE REQUIRING RESOLUTION As indicated supra, the Act’s emphasis has shifted the focus of incarceration from punishment to rehabilita- tion. Given that, as of June 2012, 60.8 percent of state prison inmates have a medium to high need for academ- ic or career tech programs, incentives to enroll in and complete higher level educational programs becomes paramount.

If there is a burden to relieve overcrowding and re- lease inmates into society earlier than scheduled, then the importance of educating those inmates to be re- leased shares that paramount importance. It is in soci- ety’s best interest to release inmates who have rehabili-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1320 tated; it is in society’s best interest to release educated inmates. Penal Code

section 2054.2 placed the responsibility of implementing incentives to increase inmate partici- pation in academic and vocational education on the De- partment of Corrections and Rehabilitation. There is a penalogical interest as well as a public importance in- terest in increasing the inmate participation in educa- tion. It is not enough that inmates go to school: they must complete assignments, be evaluated, and demon- strate mastery. This is established in the regulation that the Department has abandoned.

Awarding milestone completion credits that shorten the prison sentences is an effective incentive that pro- vides positive motivation for inmates to commit to edu- cation and rehabilitation. The public does not want to see recidivism; the public stands to benefit from one who has developed an appreciation for the value of an education. The educated inmate is less likely to re− offend.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. File# 2018−0724−02 BOARD OF EDUCATION English Language Proficiency Assessments for California This emergency rulemaking by the State Board of Education amends

definitions and requirements, as well as responsibilities and guidelines for the adminis- tration, accessibility resources, test security, reporting, and apportionment related to the English Language Proficiency Assessments for California.

Title 5 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 Filed 08/03/2018 Effective 08/03/2018 Agency Contact: Hillary Wirick (916) 319−0860 File# 2018−0620−02 BUREAU OF AUTOMOTIVE REPAIR Smog Check Inspection Equipment, Procedures, and Reference Documents This regular rulemaking by the Bureau of Automo- tive Repair (the “Bureau”) amends the BAR−97 Emis- sion Inspection System Manual, which includes re- quirements for manufacturers that develop the equip- ment certified by the Bureau, and the Smog Check Manual, which includes requirements for Smog Check station equipment and testing procedures.

Both of these documents are incorporated by reference in title 16 of the California Code of Regulations. Title 16 AMEND: 3340.17, 3340.41, 3340.45 Filed 08/02/2018 Effective 08/02/2018 Agency Contact: Brian Clark (916) 403−8560 File# 2018−0622−01 DEPARTMENT OF CORRECTIONS AND REHABILITATION Establishing

Chapter 2, Rules and Regulations of Health Care Services This action relocates, without substantive change, all of

Article 8.6 (Health Care Grievances) of

Chapter 1, Division 3 and 14 sections from

Article 8 (Medical and Dental Services) of Subchapter 4 of

Chapter 1, Division 3 to new

Chapter 2 (Rules and Regulations of Health Care Services) of Division 3. This action also revises all necessary cross−references, amends reference cita- tions, and makes additional stylistic changes.

Title 15 ADOPT: 3999.98, 3999.99, 3999.320 AMEND: 3355, 3087 renumbered as 3999.225, 3087.1 renumbered as 3999.226, 3087.2 renum- bered as 3999.227, 3087.3 renumbered as 3999.228, 3087.4 renumbered as 3999.229, 3087.5 renum- bered as 3999.230, 3087.6 renumbered as 3999.231, 3087.7 renumbered as 3999.232, 3087.8 renum- bered as 3999.233, 3087.9 renumbered as 3999.234, 3087.10 renumbered as 3999.235, 3087.11 renum- bered as 3999.236, 3087.12 renumbered as 3999.237, 3350 renumbered as 3999.200(a), 3350.1 renumbered as 3999.200(b), (c), and (d), 3350.2 renumbered as 3999.200(f), (g), and (h), 3351 renumbered as 3999.210, 3353 renumbered as 3999.202, 3353.1 renumbered as 3999.203, 3354.2 renumbered as 3999.206, 3356 renumbered as 3999.410, 3357 renumbered as 3999.440, 3358 renumbered as 3999.375, 3359 renumbered as 3999.411, 3359.8 renumbered as 3999.200(

e) Filed 08/06/2018 Agency Contact: DeAnna Gouldy (916) 691−3747

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1321 File# 2018−0718−02 DEPARTMENT OF CORRECTIONS AND REHABILITATION Provisions of Care and Treatment Exclusions In this emergency action, submitted as operationally necessary pursuant to Penal Code

section 5058.3, the Department of Corrections and Rehabilitation amends two sections regarding the basis for providing health care services. The amendments are to

definitions and conditions that may be excluded from care. Title 15 AMEND: 3350, 3350.1 Filed 08/01/2018 Effective 08/01/2018 Agency Contact: Justin McCall (916) 691−3325 File# 2018−0726−04 DEPARTMENT OF FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA (FISCAL) Conflict−of−Interest This is a Conflict−of−Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 ADOPT: 59830 Filed 08/02/2018 Effective 09/01/2018 Agency Contact: Pat Cruz (916) 576−5173 File# 2018−0730−01 DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Eradication Area This emergency rulemaking action by the Depart- ment of Food and Agriculture (Department) amends the Oriental Fruit Fly Eradication Area to include El Dora- do and Shasta counties. Additionally, the Department is revising the host list to comply with the requirements of the United States Department of Agriculture.

Upon es- tablishment of the eradication areas in El Dorado and Shasta counties, the Department will perform detec- tion, control and eradication activities. Title 3 AMEND: 3591.2 Filed 08/02/2018 Effective 08/02/2018 Agency Contact: Rachel Avila (916) 403−6813 File# 2018−0620−03 DEPARTMENT OF JUSTICE Privacy Notices This rulemaking action by the Department of Justice (“Department”) amends five firearm registration forms to add a “Privacy Notice” as required by Civil Code sec- tion 1798.17. The Department is also revising the rele- vant regulation text to reflect the change in revision dates of the forms.

Title 11 AMEND: 4002 Filed 08/02/2018 Effective 10/01/2018 Agency Contact: Jacqueline Dosch (916) 227−7614 File# 2018−0620−05 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Prop 65

Article 5 Naturally Occurring Arsenic in Rice The Office of Environmental Health Hazard Assess- ment (Office) proposed this action to adopt a regulation for establishing levels of certain listed chemicals in spe- cific unprocessed foods that are considered to be natu- rally occurring, below which businesses would be ex- empt from providing a Proposition 65 warning pursuant to Health and Safety Code

section 25249.6. In this ac- tion, the Office established naturally occurring concen- trations of inorganic arsenic in rice at 80 parts per bil- lion for white rice and 170 parts per billion for brown rice. Title 27 ADOPT: 25501.1 Filed 08/02/2018 Effective 10/01/2018 Agency Contact: Monet Vela (916) 323−2517 File# 2018−0717−04 OFFICE OF TRAFFIC SAFETY Conflict−of−Interest Code This is a Conflict−of−Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 AMEND: 58200 Filed 08/01/2018 Effective 08/31/2018 Agency Contact: Lilliann Isaak (916) 509−3030 File# 2018−0719−03 PHYSICIAN ASSISTANT BOARD 1) Curriculum Requirements for an Approved Program for Primary Care Physician Assistants 2) Requirements for an Approved Program for Specialty Training of Physician Assistants The Physician Assistant Board proposed this action to repeal two regulations that establish curriculum re- quirements for approved programs for primary care physician assistants and for the specialty training of physician assistants.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1322 Title 16 REPEAL: 1399.531, 1399.532 Filed 08/08/2018 Effective 10/01/2018 Agency Contact: Anita Winslow (916) 561−8782 File# 2018−0625−01 STATE W ATER RESOURCES CONTROL BOARD Surface Water Augmentation Using Recycled Water This action establishes standards and requirements for augmentation of surface water with recycled water.

Title 22 ADOPT: 60301.120, 60301.850.5, 60301.851, 60301.852, 60301.853, 60320.300, 60320.301, 60320.302, 60320.304, 60320.306, 60320.308, 60320.312, 60320.320, 60320.322, 60320.326, 60320.328, 60320.330, 64668.05, 64668.10, 64668.20, 64668.30 AMEND: 60301.450 Filed 08/07/2018 Effective 10/01/2018 Agency Contact: Michael McKibben (619) 525−4023 File# 2018−0726−03 VETERINARY MEDICAL BOARD Fee

Schedule This action by the Veterinary Medical Board readopts prior emergency rulemaking no. 2018−0221−03E, which increased several types of examination and licen- sure fees.

Title 16 AMEND: 2070, 2071 Filed 08/01/2018 Effective 09/05/2018 Agency Contact: Amanda Drummond (916) 515−5238 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN March 7, 2018 TO August 8, 2018 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last. For fur- ther information on a particular file, contact the person listed in the

Summary of Regulatory Actions

section of the Notice Register published on the first Friday more than nine days after the date filed.

Title 1 05/21/18 AMEND: 44 Title 2 08/02/18 ADOPT: 59830 08/01/18 AMEND: 58200 07/17/18 REPEAL: 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2700, 2701, 2702, 2703, 2704, 2705 07/03/18 ADOPT: 18308, 18308.1, 18308.2, 18308.3 06/21/18 AMEND: 1859.190, 1859.194, 1859.195, 1859.198 06/19/18 AMEND: 554.7 05/17/18 ADOPT: 11027.1 AMEND: 11028 05/16/18 ADOPT: 20150, 20151, 20152, 20153, 20154, 20155, 20156, 20157, 20158, 20159, 20160, 20161, 20162, 20163, 20164, 20165 05/09/18 AMEND: 321 05/09/18 AMEND: 11034 04/25/18 AMEND: 18401 04/25/18 AMEND: 18450.1 04/23/18 ADOPT: 1859.90.4 AMEND: 1859.2, 1859.90, 1859.90.2, 1859.90.5 04/16/18 AMEND: 1859.2, 1859.51, 1859.70, 1859.82, 1859.93.1 04/12/18 AMEND: 1859.2, 1859.81 04/04/18 AMEND: 41000 04/02/18 ADOPT: 243, 243.1, 243.2, 243.3, 243.4, 243.5, 243.6, 548.120, 548.120.1, AMEND: 249, 266, 266.1, 266.2, 266.3, 548.121, 548.122, 548.123, 548.124 04/02/18 AMEND: 38000, 38000.5, 38000.10 03/20/18 AMEND: 18746.1, 18746.4 03/20/18 AMEND: 18746.3 03/20/18 REPEAL: 18901 03/14/18 ADOPT: 61200, 61201, 61210, 61211, 61212, 61213, 61214, 61215, 61216, 61217 03/12/18 AMEND: 586.1(a) 03/12/18 ADOPT: 599.855 03/08/18 ADOPT: 20020, 20021, 20022, 20023, 20024, 20025, 20026, 20027 Title 3 08/02/18 AMEND: 3591.2 07/31/18 AMEND: 3 07/19/18 AMEND: 3591.2 06/28/18 AMEND: 3435(b) 06/21/18 AMEND: 3439(b) 06/21/18 AMEND: 3591.5 06/18/18 AMEND: 1280.11 06/04/18 ADOPT: 8000, 8100, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8110, 8111, 8112, 8113, 8114, 8115,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1323 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215, 8216, 8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8400, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 8409, 8500, 8501, 8600, 8601, 8602, 8603, 8604, 8605, 8606, 8607, 8608 05/30/18 AMEND: 3439(b) 05/24/18 AMEND: 3439(b) 05/24/18 AMEND: 6502 05/18/18 AMEND: 3439(b) 04/30/18 AMEND: 3439(b) 04/04/18 AMEND: 3591.15 03/27/18 AMEND: 3439(b) 03/26/18 AMEND: 3439(b) 03/13/18 AMEND: 3591.15 Title 4 07/26/18 AMEND: 10176, 10177, 10178, 10179, 10180, 10181, 10182, 10183, 10184, 10185, 10186, 10187, 10188, 10190 07/18/18 AMEND: 2050 07/09/18 AMEND: 10325, 10326 07/03/18 AMEND: 10152, 10153, 10154, 10155, 10158 (amended and renumbered), 10159 (amended and renumbered), 10160 (amended and renumbered).

REPEAL: 10156, 10157 07/02/18 ADOPT: 5700, 5710, 5711, 5720, 5721, 5722, 5730, 5731 AMEND: 5000, 5020, 5100 05/30/18 AMEND: 10091.1, 10091.2, 10091.3, 10091.4, 10091.5, 10091.6, 10091.7, 10091.8, 10091.9, 10091.10, 10091.12, 10091.13, 10091.14, 10091.15 05/25/18 AMEND: 5000, 5033, 5035, 5037, 5054, 5060, 5101, 5102, 5120, 5144, 5170, 5191, 5212, 5230, 5240, 5250, 5540 REPEAL: 5259 05/17/18 AMEND: 12590 05/15/18 AMEND: 12204, 12220, 12238, 12560 04/30/18 AMEND: 10170.2, 10170.3, 10170.4, 10170.5, 10170.6, 10170.7, 10170.9, 10170.10 04/10/18 AMEND: 10179 04/09/18 ADOPT: 5700, 5710, 5711, 5720, 5721, 5722, 5730, 5731 AMEND: 5000, 5020, 5100 03/29/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 03/22/18 AMEND: 1699 03/15/18 ADOPT: 8078.22, 8078.23, 8078.24, 8078.25, 8078.26, 8078.27, 8078.28, 8078.29, 8078.30, 8078.31, 8078.32, 8078.33, 8078.34, 8078.35 AMEND: 8070, 8071, 8072, 8073, 8074, 8076, 8078.3 REPEAL: 8078.1, 8078.2 03/13/18 AMEND: 5032, 5033, 5170, 5180, 5190, 5193, 5194, 5230, 5240, 5255, 5260, 5342, 5350, 5400, 5700 Title 5 08/03/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 07/23/18 AMEND: 40050.2, 40100.1, 40513, 40514, 41021 07/03/18 ADOPT: 71396, 71397, 71398, 71399 06/21/18 AMEND: 19810 06/07/18 AMEND: 19810 05/18/18 ADOPT: 11301, 11309, 11310, 11311, 11312 AMEND: 11300, 11316 REPEAL: 11301, 11309, 11310 05/08/18 AMEND: 75020 04/30/18 AMEND: 41906.5, 41906.6 04/30/18 AMEND: 42909 Title 8 05/30/18 AMEND: 1618.1 05/17/18 ADOPT: 11770, 11771, 11771.1, 11771.2, 11772, 11773 05/08/18 AMEND: 31001, 32020, 32030, 32040, 32050, 32055, 32060, 32075, 32080, 32085, 32090, 32091, 32100, 32105, 32120, 32122, 32130, 32132, 32135, 32136, 32140, 32142, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32165, 32166, 32168, 32169, 32170, 32175, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32315, 32320, 32325, 32350, 32360, 32370, 32375, 32380, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32500, 32602, 32605, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32700, 32720, 32721, 32722, 32724, 32726, 32728, 32730, 32732, 32734, 32735, 32736, 32738, 32739, 32740, 32742, 32744, 32746, 32748, 32750, 32752, 32754, 32761, 32762, 32763, 32770, 32772, 32774, 32776, 32980, 32990, 32992, 32993, 32994, 32995, 32996, 32997 REPEAL: 32036, 32037, 32610, 32611, 32806, 32808, 32810, 95000, 95010, 95020, 95030, 95040,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1324 95045, 95050, 95070, 95080, 95090, 95100, 95150, 95160, 95170, 95180, 95190, 95200, 95300, 95310, 95320, 95330 05/08/18 AMEND: 9789.31, 9789.32, 9789.39 04/27/18 AMEND: 9789.25 03/19/18 AMEND: 344.18 03/09/18 ADOPT: 3345 Title 9 06/21/18 AMEND: 4350 05/17/18 AMEND: 3850, 3850.010 05/14/18 AMEND: 3560, 3560.010, 3560.020, 3705, 3726, 3735, 3750, 3755 05/08/18 ADOPT: 4020, 4020.1 03/20/18 AMEND: 7140.5 Title 10 06/13/18 AMEND: 2498.5 05/31/18 AMEND: 2715, 2728.5, 2752 05/22/18 AMEND: 2498.6 04/20/18 ADOPT: 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6538 03/27/18 AMEND: 30.60 REPEAL: 30.105 03/26/18 AMEND: 2318.6, 2353.1, 2354 03/26/18 AMEND: 2318.6, 2353.1 03/22/18 AMEND: 3525, 3527, 3561, 3569, 3570, 3575, 3602, 3603, 3681 03/20/18 AMEND: 3541 03/07/18 AMEND: 6656, 6657, 6660, 6664 Title 11 08/02/18 AMEND: 4002 07/31/18 AMEND: 49.18 06/21/18 AMEND: 1005 06/18/18 AMEND: 1005, 1007, 1008, 1052 06/13/18 ADOPT: 51.32 06/05/18 AMEND: 1005, 1007, 1008 06/05/18 ADOPT: 49.18 05/21/18 ADOPT: 5505, 5506, 5507, 5508, 5509, 5510, 5511, 5512, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, 5521, 5522 04/11/18 ADOPT: 118.1 04/03/18 AMEND: 51.26 04/03/18 ADOPT: 51.30 03/29/18 AMEND: 2021 03/13/18 AMEND: 1045 03/07/18 AMEND: 115.1 03/07/18 AMEND: 115.2 03/07/18 AMEND: 115.3 03/07/18 AMEND: 115.4 03/07/18 AMEND: 115.5 Title 12 07/05/18 AMEND: 451, 452, 453, 454, 455 Title 13 07/23/18 ADOPT: 223.00. 223.02, 223.04, 223.06, 223.08, 223.10, 223.12, 223.14, 223.16 07/16/18 AMEND: 1151.1, 1152.4, 1152.4.1 06/12/18 ADOPT: 1231.3 AMEND: 1212.5, 1218, 1239, 1264 05/30/18 ADOPT: 125.19 AMEND: 125.00, 125.02 REPEAL: 127.06 05/07/18 AMEND: 423.00 04/26/18 AMEND: 1153 04/18/18 AMEND: 1151.9.1 03/12/18 AMEND: Appendix (Article 2.0) Title 14 07/30/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 07/30/18 ADOPT: 820.02 07/30/18 ADOPT: 817.04 AMEND: 790 07/30/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 07/19/18 AMEND: 3805.1 07/05/18 AMEND: 1038 07/02/18 AMEND: 916.9, 936.9, 956.9 06/28/18 ADOPT: 1726, 1726.1, 1726.2, 1726.3, 1726.3.1, 1726.4, 1726.4.1, 1726.4.2, 1726.4.3, 1726.5, 1726.6, 1726.6.1, 1726.7, 1726.8, 1726.9, 1726.10 REPEAL: 1724.9 06/28/18 AMEND: 18660.25, 18660.34 06/28/18 AMEND: 502 06/25/18 AMEND: 7.50 06/07/18 AMEND: 1760, 1774, 1774.1, 1774.2 05/24/18 ADOPT: 3803.1, 3803.2, 3803.3 AMEND: 3802, 3803 05/16/18 AMEND: 131 05/10/18 ADOPT: 29.11 05/09/18 AMEND: 18660.5, 18660.10, 18660.21, 18660.34 05/01/18 ADOPT: 650 AMEND: 703 REPEAL: 650 04/24/18 AMEND: 131 04/19/18 AMEND: 4800 04/02/18 AMEND: 265 04/02/18 ADOPT: 749.9 03/29/18 AMEND: 29.15 03/27/18 AMEND: 1038, 1299.03, 1666.0 Title 15 08/06/18 ADOPT: 3999.98, 3999.99, 3999.320 AMEND: 3355, 3087 renumbered as 3999.225, 3087.1 renumbered as 3999.226, 3087.2 renumbered as 3999.227, 3087.3 renumbered as 3999.228, 3087.4 renumbered as 3999.229, 3087.5 renumbered as

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1325 3999.230, 3087.6 renumbered as 3999.231, 3087.7 renumbered as 3999.232, 3087.8 renumbered as 3999.233, 3087.9 renumbered as 3999.234, 3087.10 renumbered as 3999.235, 3087.11 renumbered as 3999.236, 3087.12 renumbered as 3999.237, 3350 renumbered as 3999.200(a), 3350.1 renumbered as 3999.200(b), (c), and (d), 3350.2 renumbered as 3999.200(f), (g), and (h), 3351 renumbered as 3999.210, 3353 renumbered as 3999.202, 3353.1 renumbered as 3999.203, 3354.2 renumbered as 3999.206, 3356 renumbered as 3999.410, 3357 renumbered as 3999.440, 3358 renumbered as 3999.375, 3359 renumbered as 3999.411, 3359.8 renumbered as 3999.200(e) 08/01/18 AMEND: 3350, 3350.1 06/28/18 AMEND: 3043.3 06/14/18 AMEND: 3000, 3075.1, 3075.2, 3075.3, 3521.1, 3521.2, 3720, 3763 REPEAL: 3800, 3800.1, 3800.2, 3800.3 06/13/18 ADOPT: 3087, 3087.1, 3087.2, 3087.3, 3087.4, 3087.5, 3087.6, 3087.7, 3087.8, 3087.9, 3087.10, 3087.11, 3087.12 06/07/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 05/15/18 AMEND: 3000, 3030, 3190, 3269 05/01/18 ADOPT: 2449.1, 2449.2, 2449.3, 2449.4, 2449.5, 2449.6, 2449.7, 3043.1, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3490, 3491, 3492, 3493 AMEND: 3043, 3043.5 (renumbered to 3043.7), 3043.6 (renumbered to 3043.8), and 3044 REPEAL: 2449.2, 2449.3, 2449.5, 3042, 3043.1, 3043.2, 3043.3, 3043.4, 3043.7 04/17/18 ADOPT: 2240 REPEAL: 2240 04/09/18 AMEND: 3016, 3315 Title 16 08/08/18 REPEAL: 1399.531, 1399.532 08/02/18 AMEND: 3340.17, 3340.41, 3340.45 08/01/18 AMEND: 2070, 2071 06/18/18 AMEND: 1735.2 06/14/18 REPEAL: 1399.620, 1399.621, 1399.622, 1399.623 06/07/18 AMEND: 321, 364 06/04/18 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5300, 5301, 5302, 5303, 5304, 5305, 5306, 5307, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5400, 5401, 5402, 5403, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415, 5416, 5417, 5418, 5419, 5420, 5421, 5422, 5423, 5424, 5425, 5426, 5500, 5501, 5502, 5503, 5504, 5505, 5506, 5600, 5601, 5602, 5603, 5700, 5701, 5702, 5703, 5704, 5705, 5706, 5707, 5708, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731, 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5800, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 5813, 5814 05/15/18 AMEND: 1399.395 04/20/18 AMEND: 1749 03/19/18 AMEND: 4422 03/14/18 AMEND: 1805.1, 1811 Title 17 07/24/18 AMEND: 100000 07/19/18 AMEND: 30305 07/19/18 AMEND: 6508 05/30/18 AMEND: 95835, 95911 05/23/18 ADOPT: 51101, 51102, 51103, 51104, 51105, 51106 05/07/18 ADOPT: 98201, 98202, 98203 04/20/18 AMEND: 6000, 6025, 6035, 6040, 6045, 6050, 6051, 6055, 6060, 6065, 6070, 6075 REPEAL: 6015, 6020 04/13/18 ADOPT: 40127, 40132, 40190, 40191, 40192, 40194, 40196 03/15/18 AMEND: 30145, 30145.1, 30205, 30231, 30275, 30278.1, 30309, 30310, 30311, 30314, 30336.8, 30408, 30409, 30456.8, 30535 Title 18 07/02/18 AMEND: 283 06/18/18 AMEND: 51 05/08/18 ADOPT: 30100, 30101, 30102, 30201, 30202, 30203, 30204, 30205, 30301, 30302, 30303, 30304, 30305, 30401, 30402, 30403, 30501, 30502, 30601, 30602, 30603, 30604, 30605, 30606, 30701, 30702, 30703, 30704, 30705, 30707, 30708, 30709, 30710, 30711,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1326 30800, 30801, 30802, 30803, 30804, 30805, 30806, 30807, 30808, 30809, 30810, 30811, 30812, 30813, 30814, 30815, 30816, 30817, 30818, 30819, 30820, 30821, 30822, 30823, 30824, 30825, 30826, 30827, 30828, 30829, 30830, 30831, 30832 03/19/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35059, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5262, 5263, 5264, 5265, 5266, 5267, 5268, 5310, 5311, 5312, 5331, 5335, 5335.4, 5335.6, 5336, 5336.5, 5337, 5337.4, 5337.6, 5338, 5338.4, 5338.6, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256, 5333, 5333.4, 5333.6 Title 20 07/19/18 AMEND: 1602, 1604, 1605.3, 1606, 1607 05/29/18 ADOPT: 1314, 1353 AMEND: 1302, 1304, 1306, 1308, 1344, 2505 Title 21 05/15/18 AMEND: 1575 Title 22 08/07/18 ADOPT: 60301.120, 60301.850.5, 60301.851, 60301.852, 60301.853, 60320.300, 60320.301, 60320.302, 60320.304, 60320.306, 60320.308, 60320.312, 60320.320, 60320.322, 60320.326, 60320.328, 60320.330, 64668.05, 64668.10, 64668.20, 64668.30 AMEND: 60301.450 07/25/18 REPEAL: 98300, 98301, 98302, 98303, 98304, 98305, 98306, 98310, 98311, 98312, 98313, 98314, 98320, 98321, 98322, 98323, 98324, 98325, 98326, 98340, 98341, 98342, 98343, 98344, 98345, 98346, 98347, 98348, 98349, 98360, 98361, 98362, 98363, 98364, 98365, 98366, 98370, 98380, 98381, 98382, 98400, 98410, 98411, 98412, 98413 07/05/18 AMEND: 66272.62 06/29/18 ADOPT: 72329.2 06/20/18 AMEND: 97174, 97177.25 06/20/18 ADOPT: 130000, 130001, 130003, 130004, 130006, 130007, 130008, 130009, 130020, 130021, 130022, 130023, 130024, 130025, 130026, 130027, 130028, 130030, 130040, 130041, 130042, 130043, 130044, 130045, 130048, 130050, 130051, 130052, 130053, 130054, 130055, 130056, 130057, 130058, 130062, 130063, 130064, 130065, 130066, 130067, 130068, 130070, 130071, 130080, 130081, 130082, 130083, 130084, 130090, 130091, 130092, 130093, 130094, 130095, 130100, 130110, 130200, 130201, 130202, 130203, 130210, 130211 05/09/18 AMEND: 97212, 97240, 97241, 97246, 97249 04/26/18 ADOPT: 69511.2 AMEND: 69511 04/12/18 AMEND: 7000 04/10/18 AMEND: 20000 Title 22, MPP 07/12/18 AMEND: 87211 05/09/18 AMEND: 35015, 35017, 35019 04/11/18 AMEND: 101215.1, 101216.1, 101416.2 03/13/18 ADOPT: 85100, 85101, 85118, 85120, 85122, 85140, 85142, 85164, 85165, 85168.1, 85168.2, 85168.4, 85170, 85187, 85190 Title 23 07/12/18 ADOPT: 335, 335.2, 335.4, 335.6, 335.8, 335.10, 335.12, 335.14, 335.16, 335.18 07/02/18 ADOPT: 3979.9 06/28/18 ADOPT: 3929.16 06/19/18 ADOPT: 3939.54 06/11/18 AMEND: 2924 05/24/18 AMEND: 3946, 3949.13, 3949.14 05/03/18 ADOPT: 2910.1 REPEAL: 2910.1

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 33-Z 1327 04/19/18 ADOPT: 3949.14 04/16/18 ADOPT: 335, 335.2, 335.4, 335.6, 335.8, 335.10, 335.12, 335.14, 335.16, 335.18, 335.20 03/29/18 AMEND: 595 03/26/18 AMEND: 315, 316 03/08/18 ADOPT: 3909.6 Title 25 06/04/18 ADOPT: 6932 REPEAL: 6932 Title 27 08/02/18 ADOPT: 25501.1 07/17/18 AMEND: 25805 06/14/18 AMEND: 15100, 15110, 15120, 15130, 15150, 15160, 15170, 15180, 15185, 15186, 15186.1, 15187, 15188, 15190, 15200, 15210, 15240, 15241, 15242, 15250, 15260, 15280, 15290, 15320, 15330, Appendix A, Appendix B, Appendix C 06/07/18 AMEND: 27001 05/09/18 AMEND: 25705 04/06/18 AMEND: 25705 Title MPP 06/26/18 AMEND: 41−440, 42−711, 42−716, 42−717, 44−207 06/25/18 AMEND: 44−316, 44−350 06/12/18 AMEND: 22−001, 22−003, 22−004, 22−009, 22−045, 22−050, 22−051, 22−054, 22−062, 22−065, 22−069, 22−071, 22−072, 22−073, 22−085

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