GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 35-Z PUB LISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUG UST 27, 2021 PROPOSED ACTION ON REGULATIONS TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Inmate/Parolee Grievance and Appeal Process — Notice File Number 2021–0816–01 ........................ 1087 TITLE 22.

LABOR AND WORKFORCE DEVELOPMENT AGENCY Conflict–of–Interest Code — Notice File Number 2021–0810–02 ......................................... 1090 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species Concerning Salvage and Rescue of Injured California Brown Pelicans .............................................. 1090 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination Request for Three Bridges Project 2080–2021–012–01, Humboldt County ................................. 1091 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Public Hearing and Extension of the Comment Period Regarding the Proposed Amendments to

Article 6 Glyphosate Warnings ................................... 1091

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1092 Time- D ated M aterial 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 http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1087 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or Department), proposes to amend Sections 3000, 3045, 3077.3, 3078.4, 3084, 3084.1, 3084.2, 3084.3, 3084.4, 3084.5, 3084.6, 3084.7, 3084.8, 3084.9, 3085, 3086, 3134.1, 3136, 3137, 3141, 3173.1, 3179, 3193, 3220.4, 3230, 3282, 3369.5, 3378.4, 3383, 3475, 3476, 3477, 3478, 3479, 3480, 3480.1, 3481, 3482, 3483, 3484, 3485, 3486, 3488, 3491, 3492, 3548, 3563, 3630, and 3723 of Title 15, Division 3,

Chapter 1, regarding Inmate and Parolee Grievances and Appeals. PUBLIC COMMENT PERIOD The public comment period begins August 27, 2021 and closes on October 12, 2021. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to RPMB@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below.

PUBLIC HEARING INFORMATION Due to the COVID–19 pandemic and public health emergency, CDCR will utilize teleconference for its hearings, consistent with the Governor’s Executive Order N–29–20 and guidelines issued by the California Department of Public Health. Comments provided at this teleconference public hearing will be treated identically as written comments submitted during the public comment period. A public hearing will be held on October 12, 2021. The hearing will begin at 10:00 a.m. and will continue until all comments are received, or until 12:00 p.m., whichever is later.

If you would like to participate by teleconference: Call 1–877– 411–9748 (TTY/TDD: Dial 711). When prompted, enter participant code 5809744. The purpose of the hearing is to receive comments about these proposed regulations. It is not a forum to debate the proposed regulations. No decision regarding the permanent adoption of these regulations will be rendered at this hearing. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Su n Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283–0001 Program Contact Howard E. Moseley Telephone: (916) 255–0657 Office of Appeals AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that commencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1088 administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that the operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In this regulatory action, the Secretary proposes to completely restructure the inmate and parolee grievance process and the appeal of grievances process, as well as the organizational structure of the Office of Appeals within the department.

This action will: ● Restructure the process for handling all inmate and parolee grievances and appeals of grievances. This process is the non–judicial means provided by the department to address inmate and parolee claims.

The restructuring is intended to improve responsiveness and transparency, reduce real or perceived bias and conflict of interest, ensure the claimant receives a clear response to each claim submitted, and increase access to the process by reducing strict filing requirements that may have made it more difficult for claimants to bring their claims to the department’s attention. ● Clarify the roles and responsibilities of department staff at the institutional or regional level Offices of Grievances and the statewide–level Office of Appeals. ● Expedite the processing of inmate and parolee grievances which contain information concerning personal safety, institutional security, sexual misconduct, or, in specified circumstances, a claim that the inmate’s Earliest Possible Release Date is erroneous. ● Move the Office of Appeals from under the Division of Adult Institutions (the division responsible for day–to–day security operations at State prisons) to a separate division within the department to improve independence and reduce bias, whether real or perceived, in the handling of inmate and parolee appeals of grievances.

DOCUMENTS INCORPORATED BY REFERENCE CDCR Form 602–1 (Rev. 01/22), Grievance CDCR Form 602–2 (Rev. 01/22), Appeal of Grievance CDCR Form 602–3 (Rev. 01/22), Request to Implement Remedies CDCR Form 1872 (Rev. 03/20), Inmate Participation Agreement — Joint Venture Program (JVP) CDCR Form 1819 (Rev. 07/18), Notification of Disapproval for Mail/Packages/Publications SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS These regulations will significantly improve the department’s handling of inmate and parolee grievances and appeals of grievances which will improve departmental transparency, integrity, and staff accountability.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern inmate and parolee grievances and appeals.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: CDCR will submit a Budget Change Proposal for inclusion in the 2022–23 Governor’s Budget to provide ongoing resources to support the implementation of these regulations (approx. $14.2 million annually).

CDCR is anticipating absorbing the costs identified in the current fiscal year (2021–22). ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1089 COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This action has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or affect the expansion of businesses currently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of California residents by incentivizing inmates and parolees to resolve complaints at the lowest level possible, thus avoiding expensive and time–consuming litigation. In addition, to the extent these regulations improve the transparency and efficiency of the department’s grievance and appeal process, these regulations may benefit the welfare of California residents by modeling non–confrontational techniques for dispute resolution which will enhance the rehabilitative mission of the department.

CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed during the written comment period or at a scheduled hearing. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make available the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact person.

The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the department’s website: www.cdcr.ca.gov. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the department’s contact person. AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed regulations substantially as described in this Notice.

If the department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice. The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1090 TITLE 22. LABOR AND WORKFORCE DEVELOPMENT AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE LABOR AND WORKFORCE DEVELOPMENT AGENCY NOTICE IS HEREBY GIVEN that the Labor and Workforce Development Agency, pursuant to the au - thority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established com - mencing on August 27, 2021 and closing on October 11, 2021. All inquiries should be directed to the con - tact listed below. The Labor and Workforce Development Agency 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 de- letion of positions, addition of positions with disclo - sure categories, and other technical changes to reflect the current organizational structure of the Department. Copies of the amended code are available and may be requested from the Contact Person set forth below. Information on the code amendment is available on the agency’s internet site and/or attached to this email.

Any interested person may submit written com - ments relating to the proposed amendment by sub - mitting them no later than September 30, 2021, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than September 15, 2021. The Labor and Workforce Development Agency 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 under

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: Marc Pilotin; LWDA General Counsel; 916–653–9900; email@labor.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES SALVAGE AND RESCUE OF INJURED CALIFORNIA BROWN PELICANS The Department of Fish and Wildlife (Department) received a study proposal from Mr. Ronnie Glick, on behalf of California Department of Parks and Recreation, requesting authorization to take California Brown Pelican ( Pelecanus occidentalis californicus; brown pelican), a Fully Protected bird, for scientific research purposes, consistent with conservation and recovery of the species. Mr.

Glick is planning to salvage dead brown pelicans for necropsy purposes to help determine cause of death, and to capture and temporarily hold injured brown pelicans for rehabilitation by Department– approved wildlife rehabilitation facilities. The salvage and rescue activities will occur primarily on state park coastal lands in San Luis Obispo County, California, in accordance with methods approved by the Department and the U.S. Fish and Wildlife Service (Service).

The purpose of the study is to better understand mortality and injury factors for brown pelicans on state park lands in San Luis Obispo County, and contribute to brown pelican population recovery. No adverse effects on individual brown pelicans or their breeding populations are expected. The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) that would authorize Mr. Ronnie Glick, as the Principal Investigator, to carry out the proposed activities. All required federal permits must also be obtained. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30–day notice period has been provided to affected and interested parties through publication of this notice. If the Department determines that the proposed research is

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1091 consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it would issue the authorization on or after September 26, 2021, for an initial and renewable term of up to, but not to exceed, five years. Contact: Esther.Burkett@wildlife.ca.gov, 916 –531–1594.

DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR THREE BRIDGES PROJECT 2080–2021–012–01 HUMBOLDT COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on August 13, 2021 that the California Department of Transportation (Caltrans) proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA). The proposed project involves the replacement and/or widening of 3 bridges that do not meet current design standards.

Proposed activities will include, but are not limited to, vegetation clearing, construction of temporary access roads and crane pads, demolition of portions or the entirety of old bridges, installation of stream diversion and containment systems, and the construction of new bridges or portions of new bridges which may be precast or cast–in–place. The proposed project will occur on State Route 36 on Hely Creek Bridge (Postmile 11.46), Little Larabee Creek Bridge (Postmile 25.27), and Butte Creek Bridge (34.52) in Humboldt County.

The National Marine Fisheries Service (Service) issued a federal biological opinion (BO) (Service Ref. No. WCRO–2021–01053) in a memorandum to Caltrans on July 8, 2021 which considered the effects of the proposed project on state and federally threatened Southern Oregon/Northern California Coast coho salmon ( Oncorhynchus kisutch ), and federally threatened and state candidate for listing as endangered Northern California steelhead (O. mykiss). Pursuant to California Fish and Game Code

section 2080.1, Caltrans is requesting a determination that the BO and its associated Incidental Take Statement (ITS) are consistent with CESA for purposes of the proposed project. If CDFW determines the BO and its associated ITS are consistent with CESA for the proposed project, Caltrans will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 NOTICE OF PUBLIC HEARING AND EXTENSION OF THE COMMENT PERIOD PROPOSED AMENDMENTS TO

ARTICLE 6 GLYPHOSATE WARNINGS On July 23, 2021, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend certain sections of

Article 6 of Title 27 of the California Code of Regulations by adopting a new safe harbor warning regulation to address the content of warnings for exposure to glyphosate in consumer products. The Notice of Proposed Rulemaking for the proposed amendments was published in the California Regulatory Notice Register on July 23, 2021 (Z–2021– 0713– 02) and initiated a 45–day public comment period. OEHHA has received requests from the Consumer Brands Association and the California Chamber of Commerce to extend the comment deadline for this proposal by 45 days.

OEHHA is extending the public comment period 30 days, to October 7, 2021. OEHHA will also hold a public hearing on the proposal. OEHHA has scheduled the public hearing for September 9, 2021, at 2:00 p.m. In accordance with Governor Newsom’s Executive Orders N–29–20 and N–33–20 as well as recommendations from the California Department of Public Health, the hearing will not have a physical location. The hearing will be conducted remotely. Information concerning how to participate in the hearing will be posted on our website prior to the hearing.

If you have special accommodation or language needs, please contact Monet Vela by telephone at (916) 323–2517 or by email at monet.vela@oehha.ca.gov by March 23, 2021. TTY/TDD/Speech–to–Speech users may dial 7–1–1 for the California Relay Service. OEHHA recommends that written comments be submitted electronically through our website at OEHHA ’s Public Comments Webpage at https://oehha. ca.gov/comments. All comments will be posted on the OEHHA website at the close of the public comment

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1092 period. Comments submitted in paper form may be mailed to: Monet Vela Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor P.O. Box 4010 Sacramento, CA 95812–4010 Telephone: 916–323–2517 OEHHA encourages all commenters to submit their comments in a format compliant with

Section 508 of the federal Rehabilitation Act, Web Content Accessibility Guidelines 2.0[3] and California Government Code sections 7405 and 11135, so that they can be read using screen reader technology and those with visual impairments are able to listen to them. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and e–mail may be available to third parties.

Inquiries concerning the action described in this notice may be directed to Kristi Morioka, in writing, at the address given above, by email to Kristi.Morioka@ oehha.ca.gov, or by telephone at (916) 322–5624.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. State Allocation Board File # 2021–0701–01 Full–Day Kindergarten Facilities Grant Program; SB 98,

Chapter 24 Prior to the passage of Senate Bill 98 (Stats. 2020,

Chapter 24, effective June 29, 2020), the Full– Day Kindergarten Facilities Grant Program (the “Program”) appropriated $300,000,000 for the 2019– 2020 fiscal year from the General Fund to the State Allocation Board (the “Board”) to provide one–time grants to school districts to construct new school fa - cilities or retrofit existing school facilities for the pur- pose of providing full–day kindergarten classrooms, as specified. Senate Bill 98, commencing with the 2019–20 fiscal year, instead made the Program con - tingent upon appropriation by the Legislature.

In this Certificate of Compliance, the Board is making per - manent the emergency changes made in OAL Matter No. 2021–0107–01E, wherein the Board amended Program regulations in response to the passage of Senate Bill 98.

Title 02 Amend: 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.15, 1860.16, 1860.20 Filed 08/13/2021 Effective 08/13/2021 Agency Contact: Lisa Jones (916) 376–1753 Secretary of State File # 2021–0812–01 Vote–by–Mail Drop Boxes and Vote–by–Mail Drop– Off Locations This action by the Secretary of State readopts emer- gency amendments that extend the time in which bal - lots must be retrieved from unstaffed vote–by–mail drop boxes from 24 hours to 48 hours. (See OAL file nos. 2020–0616–01E; 2021–0421–01EE.) Title 02 Amend: 20136 Filed 08/18/2021 Effective 08/18/2021 Agency Contact: Robbie Anderson (916) 216–6488 Commission on State Mandates File # 2021–0729–04 General Cleanup Provisions The Office of Administrative Law (OAL) grants the request of the Commission on State Mandates (Commission) for the filing and printing of this action concerning requirements and procedures for the filing of mandate claims and mandate test claims with the Commission.

This action is exempt from OAL review pursuant to Government Code

section 17527(g). Title 02 Amend: 1181.2, 1181.3, 1181.4, 1183.1, 1183.7, 1183.17, 1185.2, 1185.3, 1185.4, 1187.9 Filed 08/16/2021 Effective 10/01/2021 Agency Contact: Jill Magee (916) 323–3562 Fair Political Practices Commission File # 2021–0716–01 Disclosure Act This action amends and adopts regulations con - cerning slate mailer and slate mailer organization disclosures.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1093 Title 02 Adopt: 18450.6, 18450.7, 18450.8 Amend: 18435.5, 18450.11 Filed 08/16/2021 Effective 09/15/2021 Agency Contact: Daniel Vo (916) 322–5660 California Architects Board File # 2021–0721–03 Processing Times (Permit Reform Act) The California Architects Board submitted this ac - tion without regulatory effect, pursuant to California Code of Regulations, title 1,

section 100, to repeal a regulation that was adopted in 1988 to meet the re - quirements of the Permit Reform Act of 1981. The Permit Reform Act was repealed in 2003 (A.B. 1757 (Stats.2003,

chapter 229,

section 1.8)). Title 16 Repeal: 112 Filed 08/11/2021 Agency Contact: Kimberly McDaniel (916) 575–7221 Department of Food and Agriculture File # 2021–0630–02 Japanese Beetle Exterior Quarantine This action without regulatory effect by the Department of Food and Agriculture amends a reg - ulation to correct typographical errors and update a cross–reference.

Title 03 Amend: 3280 Filed 08/12/2021 Agency Contact: Karen Olmstead (916) 403–6879 Office of Statewide Health Planning and Development File # 2021–0629–02 Health Facility Financial Disclosure Reporting Nonsubstantive Changes This change without regulatory effect modifies group reporting requirements for certain annual and quarterly financial information.

Title 22 Amend: 97018, 97040 Filed 08/16/2021 Agency Contact: Ty Christensen (916) 326–3856 California Highway Patrol File # 2021–0707–03 Routes for Transportation of Radioactive Materials This action adds a 19.3–mile portion of State Route 210, between its intersection with State Route 57 near San Dimas and its intersection with Interstate Highway 15 near Fontana, to the list of designated routes for the shipment of radioactive material.

Title 13 Amend: 1159 Filed 08/12/2021 Effective 10/01/2021 Agency Contact: Tian–Ting Shih (916) 843–3400 California Horse Racing Board File # 2021–0708–03 Penalty for Possession of Electrical Device The California Horse Racing Board (Board) amend- ed a regulation addressing penalties for the possession of an electrical device in violation of California Code of Regulations, title 4,

section 1890(c) (Rule 1890(c)). The amendment removes the mandatory revocation of a license for any licensee found to have violated or conspired to violate Rule 1890(

c) and leaves intact the authority of the Board of Stewards to hear and ad- judicate a complaint against a licensee for violating or conspiring to violate Rule 1890(

c) and to refer a finding of a violation of Rule 1890(

c) to the district at- torney for the county in which the violation occurred. Additionally, a cross–reference to Rule 1529 is added to clarify the authority of the Board of Stewards to refer a matter to the Board pursuant to that section.

Title 04 Amend: 1891.1 Filed 08/12/2021 Effective 10/01/2021 Agency Contact: Robert Brodnik (916) 263–6025 Dental Hygiene Board of California File # 2021–0610–01 Approval of New RDH Educational Programs and Continuation of Approval for Approved RDH Educational Programs This action amends the requirement for educational programs to report certain information in advance of a site visit by an accrediting body.

Title 16 Amend: 1104 Filed 08/16/2021 Effective 10/01/2021 Agency Contact: Adina Pineschi–Petty (916) 516–5537 Respiratory Care Board File # 2021–0311–01 Substantial Relationship/Rehabilitation Criteria This rulemaking action by the Respiratory Care Board adopted criteria to evaluate the rehabilitation of an applicant or licensee when considering the denial, suspension, or revocation of a license or certificate.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 35-Z 1094 The action also includes criteria for determining when a crime is substantially related to the qualification, functions, and duties of the profession in which the applicant seeks licensure or in which the licensee is li- censed in compliance with Assembly Bill 2138 (Stats. 2018, ch. 995).

Title 16 Amend: 1399.370, 1399.372 Filed 08/17/2021 Effective 08/17/2021 Agency Contact: Christine Molina (916) 999–2230 PRIOR REGULATORY DECISIONS AND - CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov.