California Regulatory Notice Register — Register 2022, No. 45-Z (NOVEMBER 11, 2022)

Cal. Reg. Notice Reg. 2022, No. 45

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 45-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 11, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. CITIZENS REDISTRICTING COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–1028–04 ........................................ 1307 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–1101–08 ........................................ 1307 AMENDMENT MULTI–COUNTY: East Bay Schools Insurance Group San Gorgonio Pass Water Agency TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Educational Programs Under 32 Hours in Length — Notice File Number Z2022–1028–02 ..................... 1308 TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Registration and Re–Registration of Out–of–State Institutions — Notice File Number Z2022–1028–05 ........... 1311 TITLE 5.

BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Substantive Change Approval — Notice File Number Z2022–1101–05 ..................................... 1315 TITLE 10. CALSA VERS RETIREMENT SA VINGS BOARD CalSavers Retirement Savings Program — Notice File Number Z2022–1101–02 ............................. 1317 TITLE 16. BOARD OF PHARMACY Self–Assessments of an ADDS — Notice File Number Z2022–1101–01 ..................................... 1322 TITLE 16.

BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS ASBOG Examination Fees, Abandoned Applications, Postponements, and Examinations — Notice File Number Z2022–1101–03 .............................................. 1325 (Continued on next page)

TITLE 16. BUREAU OF AUTOMATIVE REPAIR Automotive Repair Dealers Registration Application Requirements — Notice File Number Z2022–1028–03 ....... 1328 TITLE 16. ARCHITECTS BOARD Examination Transition Plan — Notice File Number Z2022–1101–06 ...................................... 1331 TITLE 16. BOARD OF BARBERING AND COSMETOLOGY Transfer to Credit — Notice File Number Z2022–1101–07 ............................................... 1334 TITLE 16. RESPIRATORY CARE BOARD Basic Respiratory Tasks and Services — Notice File Number Z2022–1101–04 ............................... 1338 TITLE 16.

SPEECH–LANGUAGE PATHOLOGY AUDIOLOGY AND HEARING AID DISPENSERS BOARD Speech–Language Pathology Assistant Supervision Requirements — Notice File Number Z2022–1101–09 ........ 1340 TITLE 16. SPEECH–LANGUAGE PATHOLOGY AUDIOLOGY AND HEARING AID DISPENSERS BOARD Speech–Language Pathology Assistant Program and Academic Requirements — Notice File Number Z2022–1101–11 ................................................................ 1348 TITLE 20. ENERGY COMMISSION Repeal of Portable Luminaires Regulations — Notice File Number Z2022–1028–01 .......................... 1347 TITLE 22/ MPP .

DEPARTMENT OF SOCIAL SERVICES CalWORKs Exemptions of Awards/Scholarships, Decennial Census Income and Cleanup Regulatory Amendments — Notice File number Z2022–1027–01 .................................. 1352 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Amendments to the Nonadmitted Carrier Requirements for Excess and Surplus Line Insurance — Notice File Number Z2022–1101–10 ................................................. 1354

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1358 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 REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1307 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2. CITIZENS REDISTRICTING COMMISSION NOTICE IS HEREBY GIVEN that the California Citizens Redistricting Commission, pursuant to the authority vested in it by

section 87306 of the Govern - ment Code, proposes amendment to its conflict–of– interest code. A comment period has been established commencing on November 11, 2022 and closing on December 17, 2022. All inquiries should be directed to the contact listed below. The California Citizens Redistricting Commis - sion proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial in- terest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include; ● Removing one (1) position ● Adding eight (8) new positions ● Modifying two (2) existing disclosure categories ● Adding two (2) additional disclosure categories ● Other technical changes The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than December 26, 2022, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than December 11, 2022. The California Citizens Redistricting Commis - sion has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Tim Treichelt, Senior Attorney, (916) 323–0323, Tim.Treichelt@crc.ca.gov TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: East Bay Schools Insurance Group San Gorgonio Pass Water Agency A written comment period has been established commencing on November 11, 2022 and closing on December 16, 2022.

Written comments should be di - rected to the Fair Political Practices Commission, At - tention Daniel Vo, 1102 Q Street, Suite 3000, Sacra - mento, California 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 pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review 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 certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re– submission within 60 days without further notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1308 Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than December 16, 2022. If a public hearing is to be held, oral com - ments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION

CHAPTER 3. INSTITUTIONAL OPERATING STANDARDS SECTIONS 71710 AND 71810 EDUCATIONAL PROGRAMS UNDER 32 HOURS IN LENGTH NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice.

Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Con- tact Person in this Notice, must be received by the Bu- reau at its office no later than Tuesday, December 27, 2022, or must be received by the Bureau at the hear - ing, if one is held. The Bureau, upon its own motion or at the instance 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 proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. AUTHORITY AND REFERENCE CITATION Authority cited: Sections 94803, 94877, and 94885, Education Code. Reference: Sections 94837, 94885, and 94909, Education Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1309 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau for Private Postsecondary Education (Bureau) protects students and consumers through the regulatory oversight of California’s private postsec - ondary educational institutions (“institutions”) pursu - ant to the California Private Postsecondary Education Act of 2009 (“Act” — Ed. Code, §§ 94800–94950), in- cluding conducting qualitative reviews of educational programs and operating standards. In 2021 the legislature passed, and the Governor signed, SB 802 (Chapter 552, Statutes of 2021) which, among other things, amended

section 94837 Educa - tion Code to revise the statutory definition of “Educa- tional program.” One key definitional change was to create an exception from the definition of “education- al program” for “a single course, workshop, seminar, continuing education course, or other instruction that consists of 32 hours of instruction or less that is not designed to lead to employment.” Because of the need to specify what is meant by a course that is “not designed to lead to employment,” the Bureau is proposing to amend its regulation on ed- ucational programs in 5 CCR

section 71710 to include a list of programs that will be presumed to be “de - signed to lead to employment.” In addition, the Bureau proposes amending 5 CCR

section 71810 to require institutions offering both educational programs under the Bureau’s oversight as well as programs exempt - ed from oversight because they are less than 32 hours in length and not designed to lead to employment to make a specified disclosure in their catalog informing students and prospective students of the distinction between the two and providing a list of all education - al programs being offered that are under the Bureau’s authority.

Anticipated Benefits of Proposal The specific benefit anticipated from the proposed regulation is to avoid any confusion over which pro - grams of less than 32 hours will not be considered ed- ucational programs and which will be considered ed - ucational programs because they are designed to lead to employment.

Institutions need to know which of their programs are regulated by the Bureau and which are exempt because of their short duration, and with - out regulatory guidance institutions will be uncertain whether a program under 32 hours is or is not consid - ered an educational program and therefore subject to oversight.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations. Fiscal Impact Estimates Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: Costs: The Bureau estimates 4,057 programs would be exempt under this proposal.

These programs would no longer be required to report information, as speci - fied, which is included in the educational institution’s Annual Reports submitted to the Bureau each year. The Bureau indicates each submission of informa - tion requires approximately 90 seconds per report for staff to process, which would result in cost savings of approximately $2.25 per report or $9,128 in year–one of implementation and up to $104,645 over a ten–year period.

Revenues: The regulations are projected to result in a decrease of approximately $17,100 per year in annu- al institution fee revenues and up to $171,000 over a ten–year period. The Bureau indicates four educational institutions will be completely exempt from the Bureau’s over - sight. These four schools currently pay $2,500 each per year in annual institutions fees or $10,000 total. The Bureau further indicates 19 programs operat - ing in other educational institutions would be exempt, which would result in approximately $7,100 lower an- nual institution fees collected from these institutions.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17561–17630 Re - quire Reimbursement: None. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person would necessari - ly incur in reasonable compliance with the proposed action.

A representative business may have a cost impact in reasonable compliance with the proposed action, as the proposed regulation eliminates the requirement for approximately 4,057 educational programs at 250 ed - ucational institutions to submit information on certain programs under 32 hours in length in their Annual Reports. According to these institutions, each report requires approximately 7 hours of workload with total cost of $350 per report, which results in total costs savings of approximately $1.42 million per year and up to $14.2 million over a ten–year period.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1310 Additionally, these institutions will no longer pay annual institution fees of approximately $17,100 per year and up to $171,000 over a ten–year period. Effect on Housing Costs: None EFFECT ON SMALL BUSINESS This proposal will reduce oversight and fees for af - fected small businesses. Business Reporting: The proposed regulations do not require a report to be made.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not have an impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the state of California. Benefits to Health and Welfare of California Residents, Worker Safety, and the State’s Environment: None. Benefits of Regulation: The proposed regulation will allow the Bureau to implement

section 94837 of the Education Code as amended by the legislature in 2021, by defining what programs under 32 hours in length are considered “educational programs” because they are “designed to lead to employment.” Without regulatory guidance the statutory provisions are unclear and susceptible to misinterpretation.

Economic Impact Declaration The Bureau for Private Postsecondary Education declares that this regulation proposal will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in other states.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above–mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of rea- sons for the proposed action and has available all in - formation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and the initial statement of reasons, and all of the in - formation upon which the proposal is based, may be obtained upon request from the Bureau for Private Postsecondary Education, P.O. Box 980818, West Sac- ramento, CA 95798–0818. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

You can obtain a copy of the final statement of rea - sons once it has been prepared, by making a written request to the contact person named below or by ac - cessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O. Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 E–Mail Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 E–Mail Address: Yvette.Johnson@dca.ca.gov Website Access: The Bureau’s website is: http://bppe.ca.gov. Materi- als regarding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bu - reau’s prior regulatory actions can be found at http:// bppe.ca.gov/lawsregs/archive.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1311 TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION

CHAPTER 2. APPLICATIONS SECTIONS 71396 AND 71397 REGISTRATION AND RE–REGISTRATION OF OUT–OF–STATE INSTITUTIONS NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period.

A hearing may be re - quested by making such request in writing addressed to the individuals listed under Contact Person in this Notice. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Con- tact Person in this Notice, must be received by the Bu- reau at its office no later than Tuesday, December 27, 2022, or must be received by the Bureau at the hear - ing, if one is held.

The Bureau, upon its own motion or at the instance 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 proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE CITATION Authority cited: Sections 94801.5 and 94877 of the Education Code. Reference:

Section 94801.5, 94850.5, 94909(a), 94911(b), 94923, 94924, and 94930.5 of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Private Postsecondary Education Act of 2009 (Act) at

Chapter 8 (commencing with

Section 94800) of

Part 59 of Division 10 of Title 3 of the Edu- cation Code requires all private postsecondary educa - tional institutions to be approved or otherwise exempt in order to legally operate in California. The Act also specifies that out–of–state private postsecondary in - stitutions register with Bureau at set intervals and pro- vide the Bureau with specified information.

AB 1344, which went into effect on July 1, 2022, amends the registration requirement for out–of–state institutions to require the institution to provide the Bureau with information on adverse legal actions taken against the institution, its legal predecessor, or a controlling agent, in another jurisdiction. AB 1344 directs the Bureau to develop a registration form through emer - gency regulations effective on and after July 1, 2021, to collect this new information, and that the emergen - cy regulations should become law through the regular rulemaking process by January 1, 2022.

However, due to a drafting irregularity, the Office of Administrative Law issued an opinion that emergency regulations are not possible. Therefore, the Bureau is seeking to implement the regulatory requirements of AB 1344 through the regular rulemaking process. AB 1344 also provided the Bureau with rea - sonable discretion in considering out–of–state applications: “When considering whether to ap - prove, deny, or condition initial registration based upon the information provided by an institu - tion pursuant to paragraph (1), the bureau shall ...

Not consider any individual submission made under paragraph (1) to be solely determinative of the insti - tution’s eligibility for registration but, exercising its reasonable discretion, approve, reject, or condition registration based upon a review of all of the infor - mation provided to it under paragraph (1).” (Ed. Code, § 94801.5, subd. (a)(2), (a)(2)(A).) Before the passage of AB 1344, the Bureau had no discretion in deciding whether to approve or deny an out–of–state application; institutions could only be de- nied if they failed to provide the required documenta - tion.

CEC 94801.5 as amended now grants the Bureau the ability to evaluate the information submitted by an out–of–state institution and exercise discretion when deciding whether to approve or deny the application. In order to exercise this ability in a fair and transpar - ent manner, the Bureau is amending 5 CCR 71397 to set forth principles it will exercise when considering an application. In order for the regulations to conform to the re - vised statutory language, the Bureau for Private Post - secondary Education is proposing to amend 5 CCR

section 71397 to add provisions to clarify the basis for a decision to approve, conditionally approve, or deny an Out–of–State application, and specify the reason for the decision so the applicant can decide whether to avail itself of the appeal process. The Bureau is proposing the following changes:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1312 Amend

section 71396 of Division 7 .5 of Title 5 of the California Code of Regulations to change the form incorporated by reference from “rev . 1/17” to “rev . 8/22 .” This will incorporate by reference the newly re- vised form with the changes below. Revise the Application for Registration or Re– Registration of Out–of–State Institutions . The proposal makes substantive and cosmetic changes to the Application for Registration or Re– registration of Out–of–State Institutions. The substan- tive changes include: ● Providing a more detailed explanation for what is meant by an “affiliated institution” in

Section 4; ● Asking the institution to submit its Financial Responsibility Composite Scores for the past five years, if applicable, and to document any dates that they were placed on Heightened Cash Monitoring by the U.S.

Department of Education; ● Asking the institution to submit documents show- ing the mandated Student Tuition Recovery Fund (STRF) disclosures to California students if they do not use enrollment agreements, and asking for copies of their required STRF records for the past five years or to submit a copy of a spreadsheet formatted to collect the information if the appli - cation is new; ● Asking if the institution had its authorization re - voked or suspended, or has been the subject of an enforcement action by a state or the federal gov - ernment entity that resulted in the imposition of limits on enrollment or student aid, or is subject to such an action that is not final and that was on- going at the time of submission of the registration or re–registration application; if yes, asking the institution to provide the bureau a statement de - scribing the relevant actions and any remediation efforts undertaken by the institution. ● Asking if the institution, or a controlling officer of, or a controlling interest or controlling investor in, the institution or in the parent entity of the in - stitution, been subject to any education, consum - er protection, unfair business practice, fraud, or related enforcement action by a state or federal agency within five years prior to submitting the registration or re–registration application; if yes, asking the institution to submit a copy of the op - erative complaint. ● Asking if the institution is currently on probation, show cause, or subject to other adverse action, or the equivalent thereof, by its institutional accred- itor or by a programmatic accreditor, or has the institution had its accreditation revoked or sus - pended within the five years prior to submitting the registration or re–registration application; if yes, asking the institution to provide a statement describing the relevant action and providing an explanation of the facts and circumstances sur - rounding the action and any remediation efforts undertaken by the institution. ● Asking if the institution, within five years prior to submitting the registration or re–registration application, settled, or been adjudged to have li - ability for, a civil complaint alleging the institu - tion’s failure to provide educational services, in - cluding a complaint alleging a violation of Title IX of the federal Education Amendments of 1972 (Public Law 92–318) or a similar state law, or a complaint alleging a violation of a law concern - ing consumer protection, unfair business prac - tice, or fraud, filed by a student or former student, an employee or former employee, or a public of - ficial, for more than two hundred fifty thousand dollars ($250,000); if yes, asking the institution to provide a copy of the complaint and a copy of the judgment or settlement agreement, if applicable. ● Asking if the institution currently contracts with any third parties for advertising, recruiting, in - struction, or student services activities which, to their knowledge, within the past five years, have settled, or been adjudged to have liability for, a civil complaint concerning consumer protection, unfair practices, or fraud, for more than two hun- dred fifty thousand dollars ($250,000); if yes, asking for a copy of the contract and a statement listing the case name, case number, and court or jurisdiction where the civil complaint was filed. ● Asking the institution to document the number of known borrower defense claims by the insti - tution’s students filled with the Department of Education for each of the most recent five years available; ● Asking the institution to indicate whether the ap - plicant or any person in control of the institution has ever been convicted of a crime substantially related to the operation of an institution of higher education.

If yes, asking the institution, subject to enumerated exceptions, to provide the Bureau with a statement listing the name and title of the individual, and the details regarding any criminal conviction. ● Asking the institution to attach copies of the pol - icies and procedures under which a student may withdraw from or cancel enrollment, and the in - stitution’s policy for refunds. Amend

section 71397 of Division 7.5 of Title 5 of the California Code of Regulations to state the Bu - reau may approve, deny, or conditionally approve an application for registration, to specify criteria for the Bureau to use in making its decision to approve, grant conditional approval, or deny an application, and to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1313 specify the process to be followed by institutions wishing to appeal the Bureau’s decision. The broad objective of the proposed rulemaking is to make the current regulations consistent with AB 1344’s changes to the California Private Postsecond - ary Education Act of 2009 regarding out–of–state in - stitution registration (Section 94801.5 of the Code), in- cluding changing the registration form and processing the new information to be reported on the out–of–state institution’s history.

Anticipated Benefits of Proposal The specific benefit anticipated from the regulation is to make it easier for out–of–state institutions to comply with the disclosure requirements adopted by AB 1344, which would give the Bureau greater knowl- edge of an out–of–state institution’s regulatory history in other states, making the Bureau’s compliance pro - cedures more efficient and effective.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau conducted a search of any similar regulations on this topic and concluded that these regulations are neither inconsistent nor in - compatible 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: This regulatory proposal extends the renewal–cycle period for out–of–state institutions from two years to five years, which is anticipated to result in a decrease in the state’s renewal registration workload costs and revenues. However, the provisions related to condi - tional approval, including increased reporting require- ments, limitations on student enrollment, and enforce- ment–related activities are anticipated to increase the Bureau’s workload and costs.

The Bureau currently regulates 88 out–of–state in - stitutions, which are scheduled to renew over the next two years and averages 5 new out–of–state institutions per year. Expenditures (Current vs. Proposed): The Bureau’s current out–of–state initial and biennial renewal reg - istration workload and costs range from $39,788 to $73,104 per year and up to $554,706 over a ten–year period. The regulations extend the current biennial renewal cycle to a five–year cycle, which will result in few - er applications received and processed per year.

The regulations are anticipated to result in workload and costs ranging from approximately $4,307 to $47,509 per year and up to $218,585 over a ten–year period. Projected Expenditure (Savings): The projected re - duction in workload and costs ranges from approxi - mately $9,413 to $62,509 per year and up to $336,122 over a ten–year period.

The Bureau notes, workload and costs of approx - imately $1,875 per year or $9,400 over the five–year renewal cycle (see underlying data) related to issu - ing and processing Student Tuition Recovery Fund (STRF) forms and revenue collection are not included in the expenditure analysis (above) because any STRF workload and costs would be incurred by the Bureau regardless of the proposed regulations. However, STRF costs are included in the initial and renewal registration fee costs analysis.

The Bureau further notes, the total costs of approximately $10,200 to register out–of–state institutions and to adminis - ter the STRF significantly greater than the $1,500 fee amount authorized by current law. The Bureau may also incur costs related to issuing a conditional approval related to increased monitor - ing, oversight, and increased Attorney General (AG) activities. The Bureau does not have an estimate of the number of out–of–state institutions possibly issued a conditional approval in the future and therefore does not have total workload or cost estimate at this time.

However, the Bureau estimates monitoring work - load costs of approximately $1,900 per year for each institution registered on a conditional approval status. In the event the AG is required to issue a writ (or other restrictions) to an out–of–state educational insti- tution, the Bureau estimates costs of $5,000 per case. Revenues (Current vs. Proposed): The Bureau’s current out–of–state registration fee revenues range from approximately $73,500 to $103,500 per year and up to $885,000 over a ten–year period.

The proposed out–of–state registration fee revenues range from approximately $7,500 to $81,000 per year and up to $376,500 over a ten–year period. Projected Revenue (Loss): The projected reduc - tion in revenues ranges from approximately $7,500 to $88,500 per year and up to $508,500 over a ten–year period. The proposed regulations do not result in costs or savings in federal funding. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17561–17630 Require Reimbursement: None.

Business Impact: The regulations impact out–of– state educational institutions providing distance learn- ing to California students and do not result in an eco - nomic impact on businesses in the state. Cost Impact on Private Person or Business: The regulatory proposal may impact individual students in California who want to enroll in an out–of–state insti- tution if that institution is conditionally approved with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1314 a limitation on the number of California students it can enroll, and the student is unable to enroll and pay tuition fees at the institution as a result. The regulatory proposal may also impact a repre - sentative business attempting reasonable compliance with this regulatory proposal because the institution would be subject to an enrollment limitation, reducing the institution’s revenue.

However, it is not possible to estimate the size of this economic cost as it is un - known how many students would be affected by an enrollment cap at an institution that is conditionally approved, and it is not possible to estimate the size of the impact on a particular student. The regulations do not result in an economic impact to businesses in the state. Effect on Housing Costs: None. Business Reporting: This regulation requires businesses to fill out an ap- plication that requires disclosure of information to the Bureau for assessment.

The Bureau finds it is neces - sary that this disclosure of information apply to busi - nesses for the welfare of the people of California be - cause it will give the Bureau greater knowledge of an out–of–state institution’s regulatory history in other states, helping the Bureau protect California students by preventing fraud or unfair practices.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory proposal will not have an impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the state of California. The regulation only applies to private postsecondary institutions located outside of California. Effect on Small Business: The Bureau has determined this proposal will affect small businesses because small businesses must com - ply with this proposal.

The extent of the impact on any individual small business is unknown at this time. Economic Impact Declaration The Bureau for Private Postsecondary Education declares that this regulation proposal will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in other states.

Benefits to Health and Welfare of California Residents, Worker Safety, and the State’s Environment The regulatory proposal benefits the health and welfare of California residents by providing the Bu - reau for Private Postsecondary Education additional background information on out–of–state educational institutions that enroll California residents, which will enable the Bureau to do more thorough background investigations of these institutions in order to protect California residents from fraud and unfair practices.

This proposal does not benefit worker safety or the State’s environment, because it is not related to worker safety or the State’s environment.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You can obtain a copy of the final statement of rea - sons once it has been prepared, by making a written request to the contact person named below or by ac - cessing the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1315 CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O. Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 E–Mail Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 E–Mail Address: Yvette.Johnson@dca.ca.gov Website Access: http://bppe.ca.gov: Materials re - garding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bureau’s prior regulatory actions can be found at http://bppe.ca.gov/lawsregs/archive.shtml. TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION

CHAPTER 2. APPLICATIONS SECTIONS 71650, 71652, A N D 71653 SUBSTANTIVE CHANGE APPROV AL NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu - reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Con- tact Person in this Notice, must be received by the Bu- reau at its office no later than Tuesday, December 27, 2022, or must be received by the Bureau at the hear - ing, if one is held.

The Bureau, 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 proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE CITATION Authority cited: Sections 94803, 94877, and 94885 of the Education Code. References cited: Sections 94893, 94894, 94895, 94896, and 94930.5 of the Ed - ucation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 2021 the legislature passed, and the Governor signed, SB 802 (Roth,

Chapter 552, Statutes of 2021). Education Code

section 94894, which defines what a “substantive change” that requires Bureau pre– approval is, was amended to add four new provisions requiring institutions to apply for approval. The four changes that an institution must now seek Bureau ap - proval for are: ● An increase or decrease of 25 percent or more in the number of clock hours or credit hours re - quired for successful completion of the program; ● Participation in federal student financial aid programs authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C.

Sec. 1070 et seq.); ● A change in the academic measurement of an educational program from clock hours to credit hours; ● A change in the distance education learning man- agement system. The proposed regulations will amend and add three regulatory provisions that will implement the first three of the four additions above to implement the new substantive changes created by SB 802; the fourth will be addressed by subsequent regulation. Each regu - lation directs institutions seeking to apply for a sub - stantive change under these conditions to fill out the appropriate form, identified and incorporated by ref - erence, provides for

definitions to clarify the terms of the substantive change, and when and how the form should be submitted to the Bureau. The proposal also includes the new forms being created and incorporat - ed by reference, which are entitled: ● Application for Change in Educational Objectives or Clock or Credit Hours Required to Complete

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1316 a Program (An Increase or Decrease by 25% or More), Form OBJ rev. 8/22 ● Application for Authorization for Institution to Begin Participation in Student Financial Aid Programs (Title IV of the Higher Education Act of 1965), Form AID New. 8/22 ● Application for Authorization to Change from Clock Hours to Credit Hours, Form CREDIT New. 8/22 Anticipated Benefits of Proposal The specific benefit anticipated from the proposed regulation is to have the Bureau’s regulations conform to existing statutory language.

The terms of SB 802 became effective on January 1, 2022, and in order to implement the law the Bureau must provide institu - tions with guidance on the proper way to apply for pre–approval for the newly defined substantive chang- es and provide institutions with forms that give the Bureau the information it needs to properly decide whether to approve the changes or not.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations. Fiscal Impact Estimates Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Costs: The Bureau estimates up to 37 institutions will submit applications for approval of substantive changes per year.

The Bureau will incur workload and costs of ap - proximately $300 for an accredited institution appli - cation and $750 for a non–accredited institution ap - plication with costs of approximately $18,300 per year and up to $183,000. The Bureau notes, non–accredited schools will in - cur greater workload costs and pay higher fees than accredited institutions because these applications re - quire more documents to be submitted and reviewed by the Bureau.

Since accredited schools have already been reviewed and approved by an accrediting agency, the Bureau’s requirements and review process are less than for non–accredited institutions. Revenues: Accredited institutions will be required to pay a $250 application fee and non–accredited in - stitutions will pay $500 per application with total esti- mated revenues of $13,250 per year and up to $132,500 over a ten–year period. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None . Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17561–17630 Require Reimbursement: None. Business Impact: The Bureau has made the initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states. The Bureau estimates up to 37 institutions will sub- mit applications for approval of substantive changes per year. These schools will incur workload costs and be required to pay application fees.

Accredited schools are estimated to incur total costs of $325 per application and non–accredited schools $800 per application. The Bureau estimates total costs for accredited and non–accredited institutions of $19,625 per year and up to $196,250 over a ten–year period. The Bureau notes, non–accredited schools will in - cur greater workload costs and pay higher fees than accredited institutions because these applications re - quire more documents to be compiled and submitted to the Bureau.

Since accredited schools have already been reviewed and approved by an accrediting agency, the Bureau’s requirements and review process are less than for non–accredited institutions. Impact on Jobs/New Business: None. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed reg - ulations may affect some small businesses.

However, the effect of the proposed regulations will apply to very few small businesses and the cost will be small. Business Reporting: The proposed regulations do not require a report to be made. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the state of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1317 Benefits of Regulation: The proposed regulation will benefit the health and welfare of California residents by bringing the Bureau into compliance with the CEC by instructing institu - tions on how to comply with recently adopted addi - tions to the list of Substantive Changes that must be reported. This proposal is not anticipated to benefit worker safety or the state’s environment.

Any interested person may present statements or ar- guments orally or in writing relevant to the above de - terminations at the above–mentioned hearing, if one is held. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of rea- sons for the proposed action and has available all in - formation upon which the proposal is based.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 E–Mail Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O. Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 E–Mail Address: Yvette.Johnson@dca.ca.gov Website Access: The Bureau’s website is: http://bppe.ca.gov. Materi- als regarding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bu - reau’s prior regulatory actions can be found at http:// bppe.ca.gov/lawsregs/archive.shtml. TITLE 10.

CALSAVERS RETIREMENT SAV I NGS BOA R D The CalSavers Retirement Savings Board (“Board”) proposes to adopt the regulations amendments de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may be submitted by email to CalSavers@sto.ca.gov, or by mail: Regular Mail CalSavers Retirement Savings Board Re: Rulemaking for the CalSavers Retirement Savings Program P.O.

Box 942809 Sacramento, CA 95815 Courier Delivery CalSavers Retirement Savings Board Re: Rulemaking for the CalSavers Retirement Savings Program 915 Capitol Mall, Suite 105 Sacramento, CA 95814

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1318 The written comment period will close December 27, 2022. The Board will only consider comments re - ceived by that time. All written comments received by the Board are subject to disclosure under the Public Records Act. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or their duly au - thorized representative, submits a written request for a public hearing to the contact person listed below no later than 15 days prior to the close of the written com- ment period.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice. If the Board makes modifications that are sufficiently related to the original proposed text, it will make the modified text (with the changes clearly indicated) available to the public at https://www.treasurer.ca.gov/calsavers/ regulations/index.asp for at least 15 days before the Board adopts the regulations as revised.

The Board will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. AUTHORITY AND REFERENCE Authority:

Section 100048 of Government Code provides the CalSavers Retirement Savings Board the authority to adopt regulations to implement Title 21 of the Government Code. Reference: Sections 100000, 100012, 100014, 100032, 100043, and 100046, Government Code. INFORMATIVE DIGEST Existing law establishes the CalSavers Retirement Savings Program (“Program”) and Board in Title 21 (commencing with

Section 100000) of the Govern - ment Code. The Program requires eligible employers, as defined in statute and regulation, to make available a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the Program, as specified. Existing law au- thorizes employees to opt out of participating in the Program, as specified.

Existing law grants the Board the power to administer the enforcement of employ - er compliance, including the power to impose speci - fied penalties on employers who fail to allow eligible employees to participate in the program, subject to an appeals and collections process administered by the Franchise Tax Board, as specified. On October 31, 2019, the Office of Administrative Law (“OAL”) approved permanent regulations for the Program that implement, interpret, and make spe - cific the rules, policies, and procedures for the Pro - gram. Specifically, these regulations accomplish the following: a.

Define terms used in the regulations and further clarify the meaning of

definitions in statute; b. Define employer eligibility for the Program and establish the means by which the Program shall determine that eligibility; c. Establish the deadlines and processes by which eligible employers are required to register for the Program; d. Define the duties for participating employers and the processes by which participating employers are required to comply with the requirements of the Program; e. Establish processes for the enrollment of eligible employees into the Program; f. Define the default account settings for partici - pants whom do not make an alternative election; g.

Define the alternative elections available to participants; h. Establish the policies for the participation of indi- viduals in the Program outside of an employment relationship with an eligible employer; and i. Define the processes and policies for contribu - tions, distributions, and the transfer of savings. Throughout 2020, the Program filed multiple sets of emergency regulations to achieve several pro - grammatic amendments. The changes made were as follows: ● Due to the COVID–19 pandemic, the Board ex - tended the first employer registration deadline in April 2020 through the emergency rulemaking process.

The deadline for employers with more than 100 employees was changed from June 30, 2020, to September 30, 2020. ● On June 29, 2020, Governor Newsom signed AB 102 (Chapter 21, Statutes of 2020), which made a variety of amendments to the Program’s gov - erning statutes. The amendments, among oth - er things, changed the name of the Program’s governing board and the Program trust account. Non–substantive changes to existing regula - tions were filed with the OAL on July 7, 2020, to change the Board and trust account name pur - suant to

Section 100 of Title 1 of the California Code of Regulations (CCR). ● On July 27, 2020, the Board approved a variety of regulations amendments, some in response to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1319 the passage of AB 102.

The amendments added a new default investment fund for participants born January 1, 2003, to January 1, 2007, a change that was necessary to make before December 31, 2020; removed a feature in which eligible em - ployees who previously opted out are subjected again to automatic enrollment; clarified the tax– qualified retirement plans that, if offered by an employer, would render them exempt; and made a variety of technical amendments that improve the clarity of the regulations. ● At the December 7, 2020, Board meeting, the Board voted to approve regulations amendments to change the default investment option, clarify processes for enforcing employer compliance, reduce the minimum contribution amounts for non–payroll contributions, clarify the frequen - cy for recurring non–payroll contributions, clari - fy that rollovers and transfers into a Program ac - count are permissible, and amend the definition of a tax–qualified plan.

The Board completed a regular rulemaking effort in January 2022 to make permanent the emergency rulemakings described above. The regulations amendments referred to in this no - tice were approved by the Board at the December 13, 2021, Board meeting and adopted through an emer - gency rulemaking completed in March 2022. The reg- ulations amendments were readopted on September 9, 2022. The Board did not receive any public com - ments during the initial emergency rulemaking or the readoption. The Board is authorized under Government Code

Section 100048 to adopt regulations it deems neces - sary to implement the Program consistent with the In- ternal Revenue Code and regulations issued pursuant to that code to ensure that the program meets all crite- ria for federal tax–exempt benefits. Government Code

Section 100048 deems the adoption, amendment, re - peal, or readoption of those regulations to address an emergency for the purposes of the Administrative Pro- cedure Act and, more specifically, Government Code Sections 11346.1 and 11349.6 and, thereby, exempts the Board from the requirements of Government Code

Section 11346.1(b). Pre–Rulemaking Activity These regulations amendments were approved by the Board at the December 13, 2021, Board meeting. Staff posted a notification of proposed emergency rulemaking March 4, 2022, and approved by the Of - fice of Administrative Law (OAL) on March 18, 2022. At the August 22, 2022, Board meeting, the Board approved a readoption of the emergency regulations amendments. Staff posted the notification of proposed emergency rulemaking August 22, 2022. The readop - tion was approved by OAL September 7, 2022.

Through our client services team, our internal out - reach team, local chambers of commerce and other business associations, interactive webinars with the public that occur multiple times a week, and our social media platforms, the Board receives regular feedback about facets of the Program, thoughts on how the Pro- gram could be improved, as well as general praise and criticism.

In addition to the public comment periods involved in the rulemaking process and the public comment pe- riods at each Board meeting, the Board also received and considered input from Program employers and participants that have already begun participating in the Program.

Without the ease and simplicity of regular payroll con- tributions through a workplace retirement savings ar - rangement, many simply do not save for retirement. While the problem of retirement insecurity has many causes, including low wages and rising costs of living, research shows access to a retirement savings vehicle makes individuals 15 times more likely to save for re- tirement. The Program will ensure a majority of Cali - fornia workers have access to a workplace retirement savings vehicle by mandating that employers either sponsor their own plan or register for the Program.

The Program and its associated laws were established in an effort to improve retirement security for working Californians. The operation of the program in general is expected to benefit participating employees and in - dividuals by providing a simple pathway to improve their retirement security. These regulations amendments will benefit employ- ers and employees by providing them earlier access the program. The amendments will also benefit em - ployers by clarifying the registration deadlines for newly mandated employers.

Most benefits from these amendments are due to allowing some employees more immediate access to the Program and, therefore, improve their ability to save for retirement. Any new savings resulting from these amendments will have a portion of savings invested in California–based com - panies. Benefits due to that new investment are ex -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1320 pected to reach $15,703,748 in 2023 and increase each year thereafter. The regulations amendments to

Section 10002(

b) will have benefits for some employers, however staff expect those benefits to be de minimis. The amend - ments will allow employers to register sooner than what is currently allowed in the current text of the reg- ulations if they do not yet have a full calendar year of employee data. Because of the change, staff expect some employers will have access to the Program soon- er than would be allowed under the prior regulations.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The Board evaluated whether or not there are any other regulations that may be adversely impacted by the adoption of these proposed regulations. Because these regulations are solely for the purpose of oper - ating the Program, and no other regulations exist in the California Code of Regulations pertaining to the operation of the Program, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following determinations regarding fiscal impact: ● Mandate on local agencies and school districts: none. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code Sections 17500 through 17630: none. ● Cost or savings to any state agency: none. ● Other nondiscretionary cost or savings imposed on local agencies: none. ● Costs or savings in federal funding to the state: none. ● Cost impacts on a representative person or busi - ness: For participating employers, the Program requires no direct costs or fees to participate.

Although participating employers’ role in facil - itating the Program requires minimal activities, employers will be required to perform some du - ties upon the initial registration and ongoing maintenance to facilitate payroll deductions and assist with the enrollment of new employees. For those duties, the Board estimates approximately $157 in opportunity costs for the staff time neces- sary to register and annual ongoing opportunity costs of $135. Participation in the Program is completely volun - tary for eligible employees.

Participating employees will pay an administrative fee taken from their contri - butions and investment interest. Those fees currently range between 0.82 and 0.95 percent depending on the investment option selected by the participant. The regulations amendments included in this rulemaking do not materially change the duties of par- ticipating employers nor do they impact the adminis - trative fees for participants, and, therefore, cause no changes to the cost impacts on a representative person or business.

The Board 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. ● Small Business Determination: The proposed regulation may affect small business. ● Significant statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: none. ● Significant effects on housing costs: none. ● The proposed regulations do not require a report to be made.

MAJOR REGULATION: STATEMENT OF THE RESULTS OF THE STANDARDIZED REGULATORY IMPACT ANALYSIS (SRIA) (Gov. Code. § 11346.3, subd. (c)) Program staff determined the regulations amend - ments to be major regulations and completed a stan - dardized regulatory impact analysis on September 2, 2022, detailing the expected economic and fiscal im - pacts of the regulations amendments. The Department of Finance (DOF) provided comments in response to the SRIA on September 30, 2022. Staff responded to those comments on October 24, 2022, to provide spe - cific data and narrative requested by DOF.

The full SRIA, the comments provided by DOF, and the re - sponse to those comments are attached to the Initial Statement of Reasons (ISOR). The following list identifies the estimated impacts by each category of potential impacts. The creation or elimination of jobs within the state: the amendments will have no direct impacts on the creation or elimination of jobs within the state. The amendments could have indirect impacts, as they will lead to increased new savings by Californians, which will lead to reduced consumption.

The reduced con - sumption is expected to result in reduced demand, which could lead to reduction of 303 jobs in 2023. The amendments will also lead to new investment in Cali - fornia companies and are expected to create 90 jobs in 2023 due to the new investment. The creation of new businesses or the elimination of existing businesses within the state: no impact.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1321 Competitive advantages or disadvantages for busi - nesses currently doing business within the State: no impact. The expansion of businesses currently doing busi - ness within the state: no impact. Increase or decrease of investment in the State: Due to shortening the registration deadline for some em - ployers, there will be more savings by participants, which will naturally lead to an increase in investment in California–based companies.

Staff estimate the regulations amendments will result in approximately $61 million in new retirement savings contributions by participants in 2023, with 12.5% of those new in - vestments made in California–based companies. The SRIA details expected macroeconomic impacts re - sulting from those new investments. Incentives for innovation in products, materials, or processes: no impact. The benefits of the regulation to the health and wel- fare of California residents, worker safety, and the state’s environment: see previous

section on anticipat- ed benefits. Department of Finance Comments and Responses by the CalSavers Retirement Savings Board The Department of Finance submitted comments in response to the SRIA on September 30, 2022. A copy of DOF’s comments and the full response submitted by the Board are included as attachments to the ISOR and summarized below. In their comments in response to the SRIA, DOF generally concurred with the methodology and results of the SRIA. DOF requested technical clarifying edits to the

section defining the economic baseline, clearly report on the specific economic cost impacts of each alternative, and requested staff to complete some sen - sitivity analyses to estimate the range of potential economic and fiscal impacts under a variety of as - sumptions, specifically those regarding employer and employee participation. DOF also requested staff to include specific impacts for some fiscal impacts that were described to be “de minimis” in the SRIA.

Economic Baseline In the SRIA, the authors stated the economic base - line was the environment prior to the emergency reg - ulations that were analyzed in the SRIA. In the SRIA, the authors calculated the estimated number of busi - nesses, individuals, and industries impacted by the regulations. The SRIA reports on the expected eco - nomic impacts due to reduced consumption resulting from the amendments and details the macroeconomic impacts on those industries. The SRIA also includes estimates of expected economic benefits to California companies due to increased investments and details the macroeconomic impacts.

DOF noted the economic baseline was, in fact, the economic state that includes the impacts from the reg- ulations amendments. While those impacts had been reported throughout the SRIA, the ‘economic base - line’ had been mislabeled. Quantification of Alternatives DOF’s comments pertain to another instance of mislabeling, whereby staff had not identified the spe - cific benefits and costs of each alternative as clearly as possible. In the Board’s response to DOF’s comments, staff included a table that identified the specific dollar amounts of benefits and cost of the baseline and each alternative.

Sensitivity Analysis The economic and fiscal impacts evaluated in the SRIA could be significantly impacted by a range of outcomes that can be difficult to predict, including em- ployer activity, employee participation, and external factors including the performance of the stock market.

For those reasons, DOF requested staff to conduct a sensitivity analysis to estimate economic and fiscal impacts under a range of assumptions for increased saver participation and increased employer facilita - tion, which directly impacts the expected number of participating employees, and, therefore, expected eco- nomic and fiscal impact. In the SRIA, staff used actual program data to pre - dict employer and employee participation.

To estimate the range of potential outcomes, staff estimated im - pacts under four additional scenarios, including one with moderately higher employer facilitation, high employer facilitation, high employee participation, and a combination of the high employer and employee participation. Fiscal Impact In the SRIA, the authors described how the amend - ments would result in fiscal impacts, quantifying the impacts related to reduced sales and use tax.

The au - thors also described how, if at all, the amendments could impact income tax revenue, claims of the Cali - fornia Earned Income Tax Credit (CalEITC), expens - es for the Franchise Tax Board, Medi–Cal, and the Federal Saver’s Credit, describing the fiscal impacts of each to be “de minimis .” In the response to DOF, the authors described why the amendments will not have fiscal impacts due to claims of the California Earned Income Tax Credit, the Franchise Tax Board, Medi–Cal, or the federal Saver’s Credit.

In their response, staff also quantified expected impacts to sales and use tax revenue, esti - mating impacts of approximately $119,000 in 2023. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5 (a)(13), the Board must determine that no rea- sonable alternative considered by the agency or that has otherwise been identified and brought to the atten-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1322 tion of the agency would be more effective in carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Eric Lawyer Director of Policy & Communications CalSavers Retirement Savings Board 915 Capitol Mall, Suite 105 Sacramento, CA 95814 Telephone: (916) 653–1748 Email: Eric.Lawyer@sto.ca.gov Please direct any inquiries regarding the regulato - ry process to Mr. Lawyer at the above address. The designated backup contact person is Jacob Schafer, who can be reached at Jacob.Schafer@sto.ca.gov or by phone at (916) 653–1744.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the rulemaking file available for inspection online at https://www.treasurer.ca.gov/ calsavers/regulations/index.asp. To request a physical inspection of the rulemaking file, please contact the contact persons identified above and they will sched - ule a time and location for the inspection.

As of the date of this notice is published in the No - tice Register, the rulemaking file consists of this no - tice, the proposed text of the regulations, the economic and fiscal impact analysis, and the initial statement of reasons. Copies may be obtained by contacting Eric Lawyer at the email address or by calling the phone number listed above. A VAILABILITY OF THE FINAL STATEMENT OF REASONS After it is completed, a copy of the Final Statement of Reasons may be obtained by submitting a written request to the contact person identified above. TITLE 16.

BOARD OF PHARMACY SELF–ASSESSMENT OF AN ADDS NOTICE IS HEREBY GIVEN that the Califor - nia State Board of Pharmacy (board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Over - view. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by December 27, 2022. The board has not scheduled a public hearing on this proposed action.

The board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. The board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal. Authority and Reference : Sections 4119.11 and 4427.7 of the Business and Professions Code (BPC) au- thorize the board to adopt these regulations.

The pro - posed regulations implement, interpret, and make spe- cific sections 4001.1, 4008, 4017.3, 4021, 4022, 4036, 4037, 4038, 4040, 4050, 4051, 4052, 4059, 4070, 4076, 4081, 4101, 4105, 4107, 4113, 4117.3, 4119.1, 4119.11, 4125, 4126, 4180, 4186, 4305, 4330, 4332, 4333, 4400, 4427, 4427.1, 4427.2, 4427.3, 4427.4, 4427.5, 4427.6, and 4427.7 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board is a state agency vested with the authori - ty to regulate the pharmacy industry, including phar - macies, pharmacists, and pharmacy technicians (BPC

section 4000, et seq.). The board’s mandate and mis - sion are to protect the public (BPC

section 4001.1). Existing law at BPC

section 4119.11 establishes the licensure requirement for an automated drug delivery system (ADDS). Additionally, the statute establishes two separate classifications of ADDS, specifically,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1323 Automated Patient Dispensing System (ADPS) and Automated Unit Dose System (AUDS). Further, BPC Sections 4427.2, 4427.3, 4427.4, 4427.6, and 4427.7 establish the ownership, placement, and operation requirements; the requirement for an exempt AUDS to comply with all other requirements of an ADDS; recordkeeping and quality assurance re - quirements; and the requirement for the completion of a self–assessment by the pharmacy. This proposal will amend 16 CCR

section 1715.1 to update the self–assessment form that pharmacists– in–charge must complete (Automated Drug Delivery System Self–Assessment [17M–112]) to reflect current laws and regulations since the last revision in 2018. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS Protection of the public is the board’s highest pri - ority in exercising its licensing, regulatory and disci - plinary functions. This regulatory proposal benefits the health and welfare of California residents. This proposal will update the form incorporated by refer - ence to reflect current laws and regulations.

There - fore, the pharmacists–in–charge (PIC) of pharma - cies throughout California will be conducting self– assessments based on current and up–to–date laws, rather than inaccurate references to laws that have been repealed, superseded, or are no longer applicable. The form aids licensees in assessing their compliance with federal requirements, state laws, and state regu - lations, as well as identifying any areas in which they are noncompliant. This awareness can increase self– correction and make the facility site inspection pro - cess more meaningful.

Periodic review and account - ability will result in increased consumer safety and improve facility operations with respect to employee safety and the state’s environment. As the PIC is the person responsible for completing the self–assessment form, this requirement helps to educate the PIC and ensure that the PIC has knowl - edge of all applicable laws and regulations. In turn, this helps to ensure that pharmacies operating ADDS are following standard practices, thus protecting the safety and quality of pharmaceutical medications.

The self–assessment form is being updated to reference current law and regulations and does not impose the new laws. PICs are already obligated to comply with pharmacy laws and regulations; the self–assessment form is simply a tool provided by the board to aid them in doing so. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the board conducted a search of sim- ilar regulations on this topic and concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORATION BY REFERENCE Automated Drug Delivery System Self–Assessment [17M–112 (Rev. 1/22)]. FISCAL IMPACT AND RELATED ESTIMATES Fiscal Impact on Public Agencies Including Costs/ 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 board has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states because, as discussed below under Small Business Ef- fect, the requirement to complete the self–assessment already exists and this regulation is updating the stat - utes and regulations listed within the self–assessment form incorporated by reference.

As completion of the self–assessment form is already required by stat - ute and regulation, the proposed regulation does not increase the workload or costs for these licensees to comply. Cost Impact on Representative Private Person or Business: The board 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. Pharmacies licensed by the board that operate an ADDS are already required to compete the self–assessment form, when applicable, under existing law.

Effect on Housing Costs: None Effect on Small Business The board has made an initial determination that the proposed regulatory action would not have a signifi - cant adverse economic impact directly affecting small businesses, as discussed below. While the board does

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1324 not have specific data to determine if its pharmacy licensees are a “small business” as defined in Govern- ment Code

section 11342.610, a smaller community retail pharmacy may fall into that definition. Completion of a self–assessment form is required by existing regulation and based on certain events; the completed forms are also required to be maintained. The updates will change some of the questions on the forms, but do not ask significantly more questions. It is therefore not anticipated that the pharmacy will use more time completing, or more space storing, the revised self–assessment form.

As the requirement to complete and maintain these forms already exists in regulations, this proposal will not have an impact on small businesses. Business Reporting Requirements This regulatory proposal does require pharmacists or pharmacies to fulfill reporting requirements be - cause the ADDS self–assessment form is to be com - pleted by the PIC and maintained at the pharmacy. The board reviews the self–assessment form during site inspections to ensure completion and identify that any areas of non–compliance have been remedied.

It is necessary for the health, safety, or welfare of the peo- ple of the state that the regulation apply to businesses. Results of Economic Impact Assessment/Analysis: Impact on Jobs/New Businesses: The board concludes that: (1) this proposal will not create jobs within California; (2) this proposal will not eliminate jobs within California; (3) this proposal will not create new businesses with- in California; (4) this proposal will not eliminate existing business- es within California; (5) this proposal will not expand businesses current - ly doing business in the State of California.

Benefits of Regulation: The regulatory proposal will benefit the health and welfare of California residents because pharmacies who provide drugs to California consumers will be conducting the self–assessment based on current and up–to–date laws, rather than outdated laws, which will make it more likely that pharmacies will follow current laws and regulations. When PICs are active - ly engaged in reviewing the current laws and regu - lations, they are more likely to identify and remedy any violations of pharmacy law and regulations, which exist primarily for consumer safety.

This regulatory proposal benefits worker safety because it will help educate PICs, which helps ensure that the pharmacy is operating the ADDS in compliance with state and federal laws and regulations. The proposal does not impact the state’s environment.

CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alter - native it considered to the regulation or that has other- wise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed, would be as effec - tive and less burdensome to affected private persons than the proposal described in this Notice, 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 arguments in writing relevant to the above determi - nations at the address listed for the Contact Person during the written comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

Text of Proposal Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Pharmacy at 2720 Gateway Oaks Drive, Ste. 100, Sacramento, California 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1325 Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3078 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca. ca.gov The backup contact person is: Name: Usha Mutschler Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3077 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca. ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the board’s website: https://www.pharmacy.ca.gov/ laws_regs/pending_regs.shtml .

TITLE 16. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS ASBOG EXAMINATION FEES, ABANDONED APPLICATIONS, POSTPONEMENTS, AND EXAMINATIONS NOTICE IS HEREBY GIVEN that the Board for Professional Engineers, Land Surveyors, and Geol - ogists (“Board”) is proposing to take the action de - scribed in the Informative Digest below, after consid - ering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than Tuesday, December 27, 2022, or must be received by the Board at the hearing, should one be scheduled. 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 suffi- ciently related to the original text.

AUTHORITY AND REFERENCE Pursuant to the authority vested by section(s) 7818 and 7887 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC section(s) 158, 7822, 7841, 7841.1, 7841.2, 7842, 7844, 7851, 7880, 7881, and 7887, the Board is considering amending Section(s) 3005, 3024, and 3031 of Title 16 of the California Code of Regulations (CCR). The Board is also considering repealing

Section 3026 and adding

Section 3024.5 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board regulates Professional Engineers, Land Surveyors, Geologists, and Geophysicists. BPC sec - tions 7818 and 7887 authorize the Board to adopt, amend, or repeal rules and regulations which are rea - sonably necessary to carry out the provisions relating to the Geologist and Geophysicist Act (BPC

section 7800, et seq.). The Board proposes to amend Title 16, California Code of Regulations (CCR) sections 3005, 3024, 3031; add Title 16, California Code of Regulations (CCR)

section 3024.5; and repeal Title 16, California Code of Regulations (CCR)

section 3026 related to exam - ination fees, abandoned applications, postponements, and examinations. 16 CCR 3005 needs to be amended to remove the references to the examination fees for the Fundamen - tals of Geology (FG) and Practice of Geology (PG) na- tional examinations. Additionally, 16 CCR 3024 needs to be amended so that it only addresses when an appli- cation will be considered abandoned, rather than com- bining conditions for abandonment with conditions for postponements. A new section, 16 CCR 3024.5, is pro- posed to be adopted to address postponements.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1326 Furthermore, 16 CCR 3026 needs to be repealed because the Board will no longer be collecting the examination fees for ASBOG examinations, and the candidates will not pay the examination fees for the state–specific examinations until after it has been de - termined that they meet the qualifications required for licensure other than passing the examinations. As such, this regulation needs to be repealed to avoid con- fusion to applicants and licensees.

Additionally, 16 CCR 3031 is being amended to clarify which examinations must be passed for certi - fication or licensure as required by the Business and Professions Code, what entity will administer the na - tional examinations, and to whom the fees for the na - tional examinations are to be paid.

The primary purpose of this proposal is to imple - ment, interpret, and make specific the provisions of BCP sections 158, 7822, 7841, 7841.1, 7841.2, 7842, 7844, 7851, 7880, 7881, and 7887 to clarify and en - sure that applicants understand the current language and to provide consistency and clarity between the regulations. Anticipated Benefits of Proposal Amending 16 CCR 3005 3024, and 3031, adding 16 CCR 3024.5, and repealing 16 CCR 3026 will remove any confusion caused by the existence of regulations that address processes that are no longer relevant.

Amending 16 CCR 3005 to remove references to the examination fees for the FG and PG examinations will clarify that those fees will no longer be under the Board’s authority to establish or receive, since they will be paid directly to ASBOG. Additionally, the amendments made to 16 CCR 3031 will clarify which examinations must be passed, what entity will admin - ister the national examinations, and to whom the na - tional examinations fees are to be paid. Additionally, examination fees paid to the Board are not charged until the applicant is deemed to be qual - ified.

Therefore, 16 CCR 3026 needs to be repealed to remove any confusion that might be caused by referencing of refund of fees that have not yet been paid. The current language in 16 CCR 3024 regarding abandoned applications may be confusing because it is written together with the provisions regarding post- ponements of examinations. Postponements of exam - inations and abandoned applications should be sep - arated into two different regulations to maintain the clarity from the two issues.

As such, it is proposed to amend 16 CCR 3024 so that it addresses only abandoned applications and to add 16 CCR 3024.5 to address postponements of ex - aminations. Indicating the circumstances in which an application will be considered abandoned, and a new application submitted, will provide guidance to appli - cants so that they fully understand the consequences of not completing the licensure process in a timely manner. Furthermore, providing situations in which a postponement of the examination will be granted will help applicants know when they can postpone taking the examination without further consequences.

There- fore, the proposed changes to these sections will bene- fit examinees by clarifying these regulations. Also, by updating these sections, the public will be better protected as applicants for licensure will be ex - amined via the most up–to–date method, without out - dated references remaining in the Board’s regulations which benefits the public health. Moreover, it furthers the goal of the Board’s mission statement which is to protect the public’s safety and property by promoting standards for competence and integrity through li - censing and regulating the Boards’ professions.

Evaluation of Consistency and Compatibility with Existing State Regulations This Board has evaluated this regulatory proposal, and it is neither inconsistent nor incompatible with ex- isting state regulations. The primary purpose of this proposal is to implement, interpret, and make specific the provisions of BPC sections 158, 7822, 7841, 7841.1, 7841.2, 7842, 7844, 7851, 7880, 7881, and 7887.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations are anticipated to result in workload costs savings and reduced revenues to the Board. The Board currently administers two examinations per year with staffing costs of approximately $17,400, plus site rental costs of $16,000. As a result, the regu- lations are estimated to result in total costs of approx - imately $35,800 per year. Additionally, applicants will no longer pay exam fees to the Board.

Currently, the Board collects $200 and $250 for each FG and PG examination, which is passed onto the ASBOG. The Board estimates re - duced revenues of $55,400 (FG) and $45,000 (PG) per year. Because the full amount of FG and PG exam - ination fee revenues is currently passed onto ASBOG, the regulations do not result in a reduced fund balance reserve to the Board. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1327 Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant 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 Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. The regulations transfer the administra - tion of the FG and PG examinations from the Board to ASBOG and are not anticipated to result in additional costs to individuals or businesses. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California. Benefits of Regulation This regulatory proposal aligns the Board’s regula - tions with the transition of the administration of the national exams to the ASBOG and computer–based testing, which will allow greater access to applicants.

This regulatory proposal benefits the health and wel - fare of California residents by eliminating and repeal- ing the regulations that can no longer be followed. This regulatory proposal does not benefit worker safe- ty, as the regulatory proposal is not related to worker safety issues. This regulatory proposal does not affect the State’s environment because the proposal is not making any changes to the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board.

Effect on Small Business The Board has determined that the proposed regula- tions will not affect small businesses. Although small businesses owned by licensees of the Board may be impacted, the Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; 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 pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2535 Capitol Oaks Drive, Suite 300, Sacramento, California 95833 during the written comment period, or at the hearing if one is scheduled or requested. A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board at 2535 Capitol Oaks Drive, Suite 300, Sacramento, California 95833. Materials regarding this proposal can also be found at: http://www.bpelsg.ca.gov/about_us/rulemaking.shtml.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, 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 proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1328 ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Angela Yu Address: 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone Number: (916) 999–3610 E–Mail Address: Angela.Yu@dca.ca.gov The backup contact person is: Name: Nancy Eissler Address: 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone Number: (916) 999–3580 E–Mail Address: Nancy.Eissler@dca.ca.gov A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at: http://www.bpelsg.ca.gov.

Materials regarding this proposal can be found at: http://www.bpelsg.ca.gov/ about_us/rulemaking.shtml. TITLE 16. BUREAU OF AUTOMOTIVE REPAIR

DEFINITIONS, § 3303 REGISTRATION OF AUTOMOTIVE REPAIR DEALERS, § 3351 BUREAU–APPROVED EDUCATIONAL CERTIFICATIONS, § 3395.6 NOTICE IS HEREBY GIVEN that the Bureau of Automotive Repair (Bureau) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or argu - ments relevant to the action proposed in writing.

Writ- ten comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Bureau at its office on Tuesday, December 27, 2022. The Bureau has not scheduled a public hearing on this proposed action. The Bureau will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

The Bureau may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 9882, 9984, 9984.4, 9984.9, 9984.19, and 9987.1, and to implement, in - terpret and make specific BPC sections 27, 30, 31, 114.5, 115.4, 115.5, 135.4, 141, 142, 480, 490, 9880.1(a), 9880.1(f), 9880.1(k), 9882, 9884, 9984.1, 9984.2, 9984,7, 9884.7(a)(2), 9884.9, 9889.50, 9889.51 and 9889.52, the Bureau is proposing to adopt the follow - ing changes to California Code of Regulations Title 16, Division 33,

Chapter 1, Articles 1, 6, and 12.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1329 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department of Consumer Affairs (DCA), Bu - reau of Automotive Repair (BAR or Bureau), is the state agency charged with licensing automotive repair dealers (ARDs), Smog Check stations, STAR stations, brake and lamp stations, and their respective inspec - tors, repair technicians, and adjusters. Before January 1, 2022, Business and Professions Code

section 9884 (BPC) required ARDs to register with the Director (of DCA) upon forms prescribed by the Director that contained sufficient information to identify the automotive repair dealer, including, among other things, the address of each location and the dealer’s retail seller’s permit number if a permit is required by law. Assembly Bill (AB) 471 (Low, Chap- ter 372, Statutes of 2021) amended BPC

section 9884 to additionally require the forms to include, among other things, the automotive repair dealer’s telephone number, email address, and motor vehicle license plate number if engaged in mobile automotive repairs. Cur- rently, applicants submit an application to the Bureau electronically or as a hard copy. Applications are avail- able electronically on the Bureau’s website or hard copies are available at Bureau headquarters or field offices. Currently, the application components are not set forth in regulation, nor is the application incorpo - rated by reference.

The regulation simply states: “An application for registration as an automotive repair dealer shall be filed on an application form prescribed and provided by the Bureau....” AB 471 also requires the Bureau to accept “nation - ally recognized and industry–accepted educational certifications,” and “any Bureau–approved educa - tional certifications” as part of the ARD application. (Bus. & Prof.

Code, § 9884 subd. (b)(4).) This require- ment necessitates the Bureau develop a definition for “nationally recognized and industry–accepted edu - cational certifications,” and a process for an automo - tive repair training provider to have their educational certifications deemed “Bureau–approved educational certifications.” The Bureau proposes to: (1) amend existing

section 3303 of

Article 1 of

Chapter 1 of Division 33 of Title 16 of the CCR and

section 3351 of

Article 6 of

Chapter 1 of Division 33 of Title 16 of the CCR; and (2) adopt a new

section 3395.6 in

Article 12 of Title 16 of the CCR, as follows: ● Existing law provides

definitions for automotive repair dealers and official stations and adjusters. The amendments to

section 3303 will add a defi - nition for “nationally recognized and industry– accepted educational certifications” to identi - fy the certifications an ARD must submit to the Bureau as part of the ARD application process. ● Existing law does not set forth the ARD appli - cation components and does not incorporate the application by reference. The amendments to sec- tion 3351 will establish the required informa - tion those wishing to obtain an ARD registration must provide to the Bureau during the application process. ● Existing law does not provide the requirements for educational certifications for ARDs or the process for obtaining them. New

section 3395.6 will establish the requirements for an educational certification to be deemed a “Bureau–Approved Educational Certification.” ANTICIPATED BENEFITS OF THE PROPOSED REGULATION By establishing the required information in regula - tion for those wishing to obtain an ARD registration, the Bureau is providing a more straightforward and transparent application process. The applicant’s pro - vision of a telephone number and email address will facilitate communication with ARD applicants and enhance Bureau efficiency in processing applications. Establishing

definitions for “nationally recognized and industry–accepted educational certifications” and “Bureau–approved educational certifications” will clarify the certifications ARDs must provide in the application process. Providing this information to the Bureau will incentivize ARD owners to invest in their staff’s training and hire individuals who possess such certifications. Trained and certified automotive repair staff should result in more repairs being performed in a good and workmanlike manner, and greater adher - ence to the Bureau’s accepted trade standards, both of which will benefit the motoring public.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, BAR has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Bureau has made the following determinations:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1330 Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Bureau anticipates that the proposed regulatory action will have no fiscal impact for the implementa - tion, administration, and enforcement of the proposed regulatory changes. The regulations do not result in costs or savings in federal funding to the state. 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 Require Reimbursement: None. Effect on Housing Costs: None. Business Impact: The Bureau has made an initial determination the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including small businesses and the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Bureau 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. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS BAR has determined that this regulatory proposal will have the following effects: This regulatory proposal will have the following effects: ● It will not create or eliminate jobs within the State of California because it simply adds a definition of “nationally recognized and industry–accepted educational certifications,” adds application com- ponents in regulation, and deems specified edu - cational certifications “Bureau–approved.” ● It will not create new business or eliminate ex - isting businesses within the State of California because it simply adds a definition of “national - ly recognized and industry–accepted education - al certifications,” adds application components in regulation, and deems specified educational cer - tifications “Bureau–approved.” ● It will not affect the expansion of business - es currently doing business within the State of California because it simply adds a definition of “nationally recognized and industry–accepted educational certifications,” adds application com- ponents in regulation, and deems educational cer- tifications “Bureau–approved.” ● This regulatory proposal benefits the health and welfare of California citizens because applicants will know what will be requested on the applica - tion.

In addition, establishing

definitions for “na- tionally recognized and industry–accepted edu - cational certifications” and “Bureau–approved educational certifications” will clarify the certi - fications ARDs must provide in the application process. Providing this information to the Bureau will incentivize ARD owners to invest in their staff’s training and hire individuals who possess such certifications.

Trained and certified automo- tive repair staff should result in more repairs being performed in a good and workmanlike manner, and greater adherence to the Bureau’s accepted trade standards, both of which will benefit the motoring public and enhance public safety. ● This regulatory proposal does not affect worker safety because it is not relevant to worker safety. ● This regulatory proposal does not affect the State’s environment because it is not relevant to the State’s environment.

EFFECT ON SMALL BUSINESS This regulatory proposal does not affect small busi- nesses because it is not relevant to small businesses; it only informs applicants of what will be requested on the application. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), BAR must determine that no reason - able alternative to this proposed regulatory action it considered, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law. Any interested person may present statements oral - ly or in writing relevant to the above determinations at the above–mentioned hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 45-Z 1331 A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, any document incorporated by reference, the Initial Statement of Reasons, and all of the informa - tion upon which the proposal is based, may be ob - tained upon request from the Bureau of Automotive Repair, 10949 North Mather Boulevard, Rancho Cor - dova, California 95670.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named above. You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to the contact person named above, or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed ad - ministrative action may be addressed to: The backup contact person is: Holly O’Connor Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8627 E–mail: Holly.OConnor@dca.ca.gov Mathew Gibson Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8060 E–mail: Mathew.Gibson@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can also be found on BAR’s Web site at https://www.bar.ca.gov/About_ BAR/Regulatory_Actions.aspx . TITLE 16.

ARCHITECTS BOARD LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE EXAMINATION TRANSITION PLAN, § 2614 NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any i

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 45
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	56ab5216d8803feaf4bd106cc520286848d4d75d

Source file is stored in the law ingest library (pdf).