GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 47−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 22, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2019−11 12−03 ..................................... 1587 Amendment Multi−County: San Luis and Delta Mendota Water Authority TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Presentation — Notice File Number Z2019−11 12−04 ........................... 1588 TITLE 16.

PODIATRIC MEDICAL BOARD OF CALIFORNIA Probation and Reinstatement of Suspended or Revoked Certificates — Notice File Number Z2019−1108−01 ...................................................................... 1590 GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Shasta Snow−Wreath Notice of Receipt of Petition .................................................. 1592 FISH AND GAME COMMISSION Western Joshua Tree Notice of Receipt of Petition .................................................. 1592 STATE MINING AND GEOLOGY BOARD Notice of Extension of Written Comment Period Concerning Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 (SMARA) ................................ 1593 STATE MINING AND GEOLOGY BOARD Notice of Extension of Written Comment Period Concerning the Forfeiture of Financial Assurance Process ........................................................................... 1593 STATE MINING AND GEOLOGY BOARD Notice of Extension of Written Comment Period Concerning the Reclamation Plan Appeal Process ......................................................................... 1594 (Continued on next page) Time- Dated Material

DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES 90−Day Transition Plan, Youth Policy ............................................................ 1594

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1595 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 2019, VOLUME NUMBER 47-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Politi- cal Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict−of− interest codes, will review the proposed/amended conflict−of−interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: San Luis and Delta−Mendota Water Authority A written comment period has been established com- mencing on November 22, 2019 and closing on January 6, 2020.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than January 6, 2020. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. 1587

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING NOTICE IS HEREBY GIVEN that the Commis- sion on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be- low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code

section 11346.8, any interested person, or his/her duly autho- rized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY JANUARY 6, 2020 Any interested person, or authorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−4547, by email to Raymund Nanadiego, Law Enforcement Consultant, or by letter to: Commission on POST Attention: Raymund Nanadiego 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code

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

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

section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW POST maintains training records of individuals who attend POST−certified courses, regardless of success- ful completion. Pursuant to Regulation 1055(g), pre- senters are required to submit a completed course roster to POST no later than 10 calendar days following the ending date of a presentation.

Historically, some pre- senters only provide documentation for individuals completing a course. POST is now mandating accurate hourly reflection of all individuals beginning and end- ing any POST−certified course. Regulation 1055 currently uses the term, “trainee” and is defined by Regulation 1001 as, “an employee of a department who attends a POST−certified course.” However, this term does not encompass non−affiliated individuals who attend a POST−certified course, such as self−sponsored academy recruits.

The proposed changes would also update from using the term “trainee” to “individual” for accuracy and to include anyone attending a POST−certified course. ANTICIPATED BENEFITS The specific benefits anticipated by the proposed reg- ulatory changes to the health and welfare of California residents will be to increase the accuracy of law en- forcement training records for peace officers in Califor- nia.

POST has found no effect to benefits in regard to public health and safety, worker safety, or the environ- ment, the prevention of discrimination, and the increase in openness and transparency in business and government. 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. 1588

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500−17630 re- quires reimbursement: None.

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

The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

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

SECTION 11346.3(

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

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

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

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Raymund Nanadiego, Law Enforce- ment Consultant, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630 at (916) 227−4852. General questions regarding the regu- latory process may be directed to Katie Strickland at (916) 227−2802 or by FAX at (916) 227−5271.

TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630. These documents are also located on the POST Website. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

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

s) named above. 1589

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z TITLE 16. PODIATRIC MEDICAL BOARD OF CALIFORNIA NOTICE IS HEREBY GIVEN that the Podiatric Medical Board of California1 is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at 2005 Evergreen St. Sacramento, California 95815, at 10:00 a.m. on January 15, 2020.

Written com- ments, including those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Podiatric Medical Board of California at its office not later than 5:00 p.m. on January 15, 2020 or must be received by Contact Per- son in this Notice on January 15, 2020 at the hearing. The Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

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

Authority and Reference: Pursuant to the authority vested by Sections 481, 482, 493 and 2470 of the Busi- ness and Professions Code, and to implement, interpret or make specific Sections 141, 480, 481, 482, 488, 490, 493, 2221, 2222, 2227, 2228, 2229, 2307, 2460.1, 2486 and 2488 of said Code, the Podiatric Medical Board of California is considering changes to Division 13.9 of Title 16 of the California Code of Regulations as fol- lows: INFORMATIVE DIGEST A. Informative Digest The Podiatric Medical Board of California (PMBC) is a licensing board within the Department of Consumer Affairs.

Business and Professions Code (BPC)

section 2470 authorizes PMBC to adopt, amend or repeal regu- lations necessary to enable it to carry into effect the pro- visions of law relating to the practice of podiatric medicine. Currently, doctors of podiatric medicine (DPMs) are subject to the regulations adopted by the Medical Board of California (MBC) relating to enforcement set forth in 1 Effective July 1, 2019, BPM is renamed the Podiatric Medical Board of California (PMBC). (Bus. and Prof. Code, sec- tion 2460.)

Article 3 of

Chapter 2 of title 16 of the CCR. This rule- making action seeks to amend

section 1399.659 of the Podiatric Medical Board of California’s regulations in

Article 1, Division 13.9, of title 16 of the California Code of Regulations (CCR) to establish that DPMs, whose certificates have been subject to disciplinary ac- tion, will be subject to the regulations adopted by MBC relating to probation and reinstatement of suspended or revoked certificates, except where those provisions are in conflict or inconsistent with

Article 1 of PMBC’s reg- ulations. Under current law and until July 1, 2020, boards are authorized to deny an application for licensure based on a conviction of a crime or act that is substantially related to the licensed business or profession, with certain limi- tations, and suspend or revoke a license on the basis that the licensee was convicted of a substantially related crime. Boards were also required to develop criteria to evaluate a person’s rehabilitation when considering the denial, suspension, or revocation of a license.

Accord- ingly, boards adopted criteria via regulation to help them evaluate whether a crime or act was substantially related to the licensed profession and whether a person was rehabilitated when considering whether to deny, suspend, or revoke a license. Assembly Bill 2138 (Chiu and Low,

Chapter 995, Statutes of 2018) (AB 2138), effective July 1, 2020, re- quires boards to amend their existing regulations for use when considering the denial, suspension, or revocation of a license to determine whether a crime is substantial- ly related to the qualifications, functions or duties of the practice of the licensed business or profession, and to develop criteria to evaluate the rehabilitation of a per- son when considering the denial, suspension, or revoca- tion of a license. This rulemaking proposes the adoption of such criteria in conformance with the requirements of AB 2138. B.

Policy Statement Overview/Anticipated Benefits of Proposal Effective January 1, 2018, the Podiatric Medical Board of California (PMBC) was created as an entity within the Department of Consumer Affairs indepen- dent of the jurisdiction of the Medical Board of Califor- nia (MBC), and is authorized to deny, suspend, or re- voke a license or take disciplinary action against a doc- tor of podiatric medicine (DPM). 2 PMBC is proposing to amend and add regulations relating to licensing and enforcement specific to its licensed population.

As PMBC currently utilizes many of the enforcement regu- lations adopted by MBC, amending regulation

section 1399.659 and adopting 1399.659.1 and 1399.659.2, ad- 2 Senate Bill 798 (SB 798) (Hill,

Chapter 775, Statutes of 2017) was enacted and created PMBC within the Department of Con- sumer Affairs, independent of MBC. 1590

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z dresses the requirements of AB 2138 establishes sub- stantial relationship and rehabilitation criteria specifi- cally DPMs. This proposal would benefit the Board’s li- censees and the public by clarifying which regulations relating to probation and reinstatement of suspended or revoked certificates apply to DPMs. Specifically, the proposal would clarify that DPMs, whose licenses have been subject to disciplinary action by the Board, will be subject to the regulations adopted by the MBC relating to probation and reinstatement of suspended or revoked certificates, except where these provisions are in con- flict or inconsistent with

Article 1 of PMBC’s regulations. C. Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, PMBC 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. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The Podiatric Medical Board of California has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Podiatric Medical Board of California is not aware of any cost impacts that a representative pri- vate person or business would necessarily incur in rea- sonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Podiatric Medical Board of California has deter- mined that the proposed regulations may have a nomi- nal impact on small businesses as this rulemaking may result in additional licensees working in the state.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Podiatric Medical Board of California has deter- mined that this regulatory proposal may have an impact on the creation of jobs as individuals with criminal his- tories may be able to obtain a license to practice podi- atric medicine where in the past such individuals may have been excluded due to prior criminal activity.

As to new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California, it is believed that this regulatory proposal will likely have no impact or a nominal impact. Benefits of Regulation: The Podiatric Medical Board of California has deter- mined that this regulatory proposal will have the fol- lowing benefits to health and welfare of California resi- dents, worker safety, and state’s environment: The regulatory proposal may result in additional doc- tors of podiatric medicine, which may result in greater access to podiatric care for California residents.

PMBC has not determined that this will have any benefit to worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Podiatric Medical Board of California must de- termine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this No- tice, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Podiatric Medical Board of California has pre- pared an initial statement of the reasons for the pro- posed action and has available all the information upon which the proposal is based. TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- 1591

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z mation upon which the proposal is based, may be ob- tained at the hearing or prior to the hearing upon request from the Podiatric Medical Board of California, 2005 Evergreen Street, Suite 1300, Sacramento, CA 95815. 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 is contained in the rulemaking file which is available for public inspection by contacting the per- son named below.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Kathleen Cooper Address: 2005 Evergreen St. #1300 Sacramento, CA 95815 Telephone No.: 916−263−0315 Fax No.: 916−263−2651 E−Mail Address: kathleen.cooper@dca.ca.gov The backup contact person is: Name: Brian Naslund Address: 2005 Evergreen St. #1300 Sacramento, CA 95815 Telephone No.: 916−263−2650 Fax No.: 916−263−2651 E−Mail Address: brian.naslund@dca.ca.gov Website Access: Materials regarding this proposal can be found at https://www.pmbc.ca.gov/lawsregs/index. shtml GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION 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 September 30, 2019, received a peti- tion from Kathleen S. Roche to list Shasta snow−wreath (Neviusia cliftonii) as endangered under the California Endangered Species Act. Shasta snow−wreath occurs in riparian sites within the yellow pine forest community around Shasta Lake north of Redding, California. Pursuant to

Section 2073 of the Fish and Game Code, on October 10, 2019, Commission staff transmitted the petition 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 December 11−12, 2019 meeting in the Natural Resources Building Auditorium, First Floor, 1416 Ninth Street, Sacramento, California. It is antici- pated that the Department’s evaluation and recommen- dation relating to the petition will be received by the Commission at its February 5−6, 2020, meeting in Sacramento. Interested parties may contact Richard Macedo, Habitat Conservation Planning Branch Chief, Califor- nia Department of Fish and Wildlife, P.O.

Box 944209, Sacramento, CA 94244−2090, telephone (916) 653−3861, or email Richard.Macedo@wildlife.ca.gov for information on the petition or to submit information to the Department relating to the petitioned species. FISH AND GAME COMMISSION 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 October 21, 2019, received a petition from the Center for Biological Diversity to list western Joshua tree (Yucca brevifolia) as a threatened species under the California Endangered Species Act. Joshua tree occurs in desert grasslands and shrub- lands in hot, dry sites on flats, mesas, bajadas, and gen- tle slopes in the Mojave Desert.

Soils in Joshua tree habitats are silts, loams, and/or sands and variously de- scribed as fine, loose, well drained, and/or gravelly, while the plants can reportedly tolerate alkaline and saline soils. Populations are discontinuous and reach their highest densities on well−drained sandy to gravel- ly alluvial fans adjacent to desert mountain ranges. Pursuant to

Section 2073 of the Fish and Game Code, on November 1, 2019, Commission staff transmitted 1592

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z the petition 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 December 11−12, 2019 meeting in the Natural Resources Building Auditorium, First Floor, 1416 Ninth Street, Sacramento, California. It is antici- pated that the Department’s evaluation and recommen- dation relating to the petition will be received by the Commission at its February 5−6, 2020, meeting in Sacramento. Interested parties may contact Richard Macedo, Habitat Conservation Planning Branch Chief, Califor- nia Department of Fish and Wildlife, P.O.

Box 944209, Sacramento, CA 94244−2090, telephone (916) 653−3861, or email Richard.Macedo@wildlife.ca.gov for information on the petition or to submit information to the Department relating to the petitioned species. STATE MINING AND GEOLOGY BOARD NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD NATURAL RESOURCES AGENCY TITLE 14. NATURAL RESOURCES Division 2. Department of Conservation

Chapter 8. Mining and Geology Subchapter 1. State Mining and Geology Board

Article 14. Appeals of Orders to Comply with SMARA Notice Published: November 1, 2019 Office of Administrative Law Notice File Number: Z−2019−1017−03 On November 1, 2019, the State Mining and Geology Board published a Notice of Proposed Action concern- ing Appeals of Orders to Comply with the Surface Min- ing and Reclamation Act of 1975 (SMARA). (Califor- nia Regulatory Notice Register 2019, Number 44−Z, November 1, 2019.) The original 45−day written comment period dead- line for this action was December 16, 2019.

The State Mining and Geology Board is now extending the writ- ten comment deadline 15 additional days to December 31, 2019. Please submit all written comments to: Matthew Livers, Regulatory Specialist State Mining and Geology Board 801 K Street, Suite 2015 Sacramento, California 95814 Phone: (916) 319−9032 Matthew.Livers@conservation.ca.gov If you have any questions, please contact Mr. Livers at the above information. STATE MINING AND GEOLOGY BOARD NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD NATURAL RESOURCES AGENCY TITLE 14. NATURAL RESOURCES Division 2. Department of Conservation

Chapter 8. Mining and Geology Subchapter 1. State Mining and Geology Board

Article 11.5. Forfeiture of Financial Assurance Notice Published: November 1, 2019 Office of Administrative Law Notice File Number: Z−2019−1017−02 On November 1, 2019, the State Mining and Geology Board published a Notice of Proposed Action concern- ing the Forfeiture of Financial Assurance process. (Cal- ifornia Regulatory Notice Register 2019, Number 44−Z, November 1, 2019.) The original 45−day written comment period dead- line for this action was December 16, 2019. The State Mining and Geology Board is now extending the writ- ten comment deadline 15 additional days to December 31, 2019.

Please submit all written comments to: Matthew Livers, Regulatory Specialist State Mining and Geology Board 801 K Street, Suite 2015 Sacramento, California 95814 Phone: (916) 319−9032 Matthew.Livers@conservation.ca.gov If you have any questions, please contact Mr. Livers at the above information. 1593

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z STATE MINING AND GEOLOGY BOARD NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD NATURAL RESOURCES AGENCY TITLE 14. NATURAL RESOURCES Division 2. Department of Conservation

Chapter 8. Mining and Geology Subchapter 1. State Mining and Geology Board

Article 5. Reclamation Plan Appeals Notice Published: November 1, 2019 Office of Administrative Law Notice File Number: Z−2019−1017−01 On November 1, 2019, the State Mining and Geology Board published a Notice of Proposed Action concern- ing the Reclamation Plan Appeals process. (California Regulatory Notice Register 2019, Number 44−Z, No- vember 1, 2019.) The original 45−day written comment period dead- line for this action was December 16, 2019. The State Mining and Geology Board is now extending the writ- ten comment deadline 15 additional days to December 31, 2019.

Please submit all written comments to: Matthew Livers, Regulatory Specialist State Mining and Geology Board 801 K Street, Suite 2015 Sacramento, California 95814 Phone: (916) 319−9032 Matthew.Livers@conservation.ca.gov If you have any questions, please contact Mr. Livers at the above information. DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES DECISION OF DISAPPROV AL OF REGULATORY ACTION Printed below is the

summary of an Office of Admin- istrative Law disapproval decision. You may also re- quest a copy of a decision by contacting the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814−4339, (916) 323−6225—FAX (916) 323−6826. Please request by OAL file number. Office of Administrative Law In re: Department of Social Services Regulatory Action: Title MPP, California Code of Regulations Approved: Adopt section: 31−237, except subdivision (f)

(2) Disapproved: Adopt section: 31−237 subdivision (f)

(2) DECISION OF DISAPPROV AL IN PART OF REGULATORY ACTION Government Code

Section 11349.3 OAL Matter Number: 2019−0919−02 OAL Matter Type: Regular Resubmittal (SR)

SUMMARY OF REGULATORY ACTION This action adopts a new regulation specifying the procedures and requirements for the development, by county social workers and probation officers, of transi- tion plans to assist youths who are exiting foster care to better achieve successful independent living as adults. DECISION On September 19, 2019, the Department of Social Services (hereafter Department), resubmitted this rule- making action to the Office of Administrative Law (hereafter OAL) for review. On October 29, 2019, OAL notified the Department that it disapproved subdivision (f)(2) of adopted

section 31−237 of the Manual of Poli- cies and Procedures because of the failure of the Depart- ment to comply with the requirement of the Administra- tive Procedure Act (hereafter APA) that each substan- tive change made to the regulatory text from that which was originally made available be made available for public comment for at least 15 days. CONCLUSION Because the additional revisions to

section 31−237(f)(2) were not determined to be nonsubstantial 1594

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z or solely grammatical, and because these revisions were not made available to the public for comment pur- suant to Government Code

section 11346.8(c), OAL could not approve them. Pursuant to Government Code

section 11349.4(a), the Department may resubmit this regulatory action to OAL for review within 120 days of its receipt of this Decision of Disapproval. Prior to any resubmission, the Department shall make all substantial regulatory text changes, which are sufficiently related to the original text, available for at least 15 days for pub- lic comment pursuant to Government Code

section 11346.8(c). OAL reserves the right to review the De- partment’s resubmitted regulation and rulemaking record for compliance with all substantive and proce- dural requirements of the APA. A copy of this Decision was emailed to the Department on the date indicated below. Date: November 7, 2019 /s/ Dale P. Mentink Senior Attorney For: Kenneth J. Pogue, Director Original: Kim Johnson, Director Copy: Kenneth Jennings

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# 2019−1001−01 BOARD OF BARBERING AND COSMETOLOGY Fines and Payment Plans This action amends the

schedule of administrative fines for violations of the Barbering and Cosmetology Act and related regulations and establishes payment plan requirements. Title 16 ADOPT: 974.3 AMEND: 974 Filed 11/13/2019 Effective 01/01/2020 Agency Contact: Kevin Flanagan (916) 575−7104 File# 2019−0930−02 BOARD OF PHARMACY Fee

Schedule In this rulemaking action, the Board amends its regu- lation to increase licensing application fees, licensing renewal fees, and penalty fees for failure to renew a li- cense, to the statutory maximum. Title 16 AMEND: 1749 Filed 11/12/2019 Effective 04/01/2020 Agency Contact: Lori Martinez (916) 574−7917 File# 2019−1101−02 CALIFORNIA HEALTH BENEFIT EXCHANGE Employer Payment of Premiums This action proposes to amend the California Health Benefit Exchange (HBEX) regulation concerning sec- ond employer premium payments which are returned unpaid for any reason within six months of a prior re- turned payment.

The amendment specifies that the em- ployer must submit the premium payment and insuffi- cient funds fee by cashier’s check or money order and continue to make premium payments by one of these methods for a period of 12 months thereafter.

Title 10 AMEND: 6532 Filed 11/07/2019 Effective 01/01/2020 Agency Contact: Faviola Adams (916) 228−8668 File# 2019−1003−02 DEPARTMENT OF FISH AND WILDLIFE Fees for Lake and Streambed Alteration Agreements This change without regulatory effect filing by the Department of Fish and Wildlife amends the fees for lake and streambed alteration agreements as required by Fish and Game Code

section 1609 by applying the mandatory inflationary fee formula specified in Fish and Game Code

section 713. Title 14 AMEND: 699.5 Filed 11/06/2019 Effective 01/01/2020 Agency Contact: Lance Salisbury (916) 653−3559 1595

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z File# 2019−0927−02 DEPARTMENT OF JUSTICE Supervision of Trustees and Fundraisers for Charitable Purposes Act The Department of Justice proposed this action to adopt, amend, and repeal regulations related to the ad- ministration and enforcement of the Supervision of Trustees and Fundraisers for Charitable Purposes Act and related to the administration and enforcement of raffles under Penal Code

section 320.5. The proposed action adopts two regulations, amends 10 regulations, and repeals one regulation, and includes the adoption of two incorporated by reference forms and the amend- ment of 15 incorporated by reference forms. Title 11 ADOPT: 300.1, 300.2 AMEND: 300, 301, 303, 305, 306, 308, 411, 415, 416, 420 REPEAL: 307 Filed 11/08/2019 Effective 02/01/2020 Agency Contact: James Toma (213) 269−6549 File# 2019−1104−01 DEPARTMENT OF JUSTICE Office of Attorney General Bond Form The Department of Justice submitted this action to file with the Secretary of State, pursuant to Government Code

section 11343.8, amendments to the Department of Justice surety bond form titled “Registry of Charita- ble Trusts Surety Bond Form.” Title 11 AMEND: 28.4 Filed 11/07/2019 Effective 02/01/2020 Agency Contact: Cara M. Porter (415) 510−3508 File# 2019−1001−02 DIVISION OF WORKERS’ COMPENSATION Workers’ Compensation — Health Care Service Plan Pilot Program This action by the Department of Industrial Rela- tions, Division of Workers’ Compensation, repeals reg- ulations pertaining to a health care providers pilot pro- gram implementing Labor Code

section 4612. Title 8 REPEAL: 10175, 10176, 10177, 10178, 10179, 10180, 10181 Filed 11/06/2019 Agency Contact: Carol Finuliar (510) 286−0660 File# 2019−1001−04 STATE LANDS COMMISSION Permits for Geophysical Surveys This action establishes a permit program for the con- duct of geophysical surveys on state lands, including granted and ungranted tidelands and submerged lands, so as to protect the environment and enhance public safety.

Title 2 ADOPT: 2100.02, 2100.03, 2100.04, 2100.05, 2100.06, 2100.07, 2100.08, 2100.09, 2100.10 Filed 11/13/2019 Effective 01/01/2020 Agency Contact: Joe Fabel (916) 574−0964 File# 2019−0927−01 STATE MINING AND GEOLOGY BOARD Financial Assurance Cost Estimate Appeals This resubmittal action amends and adopts proce- dures for appeals of lead agency decisions or failures to act timely upon financial assurances cost estimates in connection with surface mining reclamation.

Title 14 ADOPT: 3691.1, 3691.2, 3691.3, 3691.4, 3691.5, 3691.6, 3691.7, 3691.8, 3691.9, 3691.10 AMEND: 3680, 3681, 3682, 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690 Filed 11/07/2019 Effective 01/01/2020 Agency Contact: Matthew Livers (916) 319−9032 File# 2019−0925−02 STATE W ATER RESOURCES CONTROL BOARD Underground Storage Tanks

Summary of rulemaking: The State Water Resources Control Board in this action is allowing diesel contain- ing up to 20 percent biodiesel meeting the American So- ciety of Testing and Materials International standard D76467(B20) to be recognized as equivalent to diesel for purpose of complying with existing requirements for double walled underground storage tanks(UST) un- less the UST has been determined to not be compatible with B20. Title 23 AMEND: 2631 REPEAL: 2631.2 Filed 11/06/2019 Effective 01/01/2020 Agency Contact: Laura Fisher (916) 341−5870 1596

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 47-Z PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January , April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 1597