California Regulatory Notice Register — Register 2023, No. 34-Z (AUGUST 25, 2023)
Cal. Reg. Notice Reg. 2023, No. 34
California Z Register
Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 34-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 25, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0815–03 ....................................... 1101 AMENDMENT MULTI–COUNTY: Tulare County of Education ADOPTION MULTI–COUNTY: Altus Schools Southern California TITLE 13.
DEPARTMENT OF MOTOR VEHICLES Driver’ s License and Identification Cards — Notice File Number Z2023–0811–01 ............................ 1102 TITLE 17.
DEPARTMENT OF PUBLIC HEALTH Pet Food Labeling and Licensing Revisions — Notice File Number Z2023–0814–03 .......................... 1104 GENERAL PUBLIC INTEREST ENVIRONMENTAL PROTECTION AGENCY 30–Day Public Notice and Comment Period ......................................................... 1108 DEPARTMENT OF FISH AND WILDLIFE Palo Alto Horizontal Levee Pilot Project, RMP–2023–0008–R3, County of Santa Clara ...................... 1109 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Middle Creek Salmonid Spawning Habitat Project, Tracking Number: 1653–2023–126–001–R1, Shasta County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1110 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Honeydew Bridge Replacement Project, 2080–2023–011–01, Humboldt County ............................................................................... 1110 (Continued on next page)
ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF STATE HOSPITALS Challenging Administrative Directive Number 843, Issued 12/14/2021, Regarding Various Aspects of Patient Living Areas ............................................................................. 1111
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1111 Sections Filed April 1, 2023, to June 30, 2023 ........................................................ 1114 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).
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CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1101 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair 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 MULTI–COUNTY: Tulare County of Education ADOPTION MULTI–COUNTY: Altus Schools Southern California A written comment period has been established commencing on August 25, 2023 and closing on Oc - tober 9, 2023.
Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, Califor nia 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes 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 codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, 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 codes to the agency for revision and re– submission within 60 days without further notice. 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 codes.
Any written comments must be received no later than October 9, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. 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 codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1102 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) 323–9103. TITLE 13. DEPARTMENT OF MOTOR VEHICLES DIVISION 1,
CHAPTER 1
ARTICLE 2.0 — DRIVER’S LICENSES AND IDENTIFICATION CARDS The Department of Motor Vehicles (department) proposes to amend Sections 20.04 in
Article 2.0,
Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to a name change on a driver’s license or identification card. PUBLIC HEARING A public hearing regarding this proposed regulato - ry action is not scheduled. However, a public hearing will be held if any interested person or his or her duly authorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.
DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments rele - vant to the proposed regulations to the contact person identified in this notice. All written comments must be received at the department no later than October 9, 2023, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to adopt/amend/repeal these regulations under the authority granted by Ve - hicle Code
section 1651, in order to implement, inter - pret, or make specific Vehicle Code sections 12800, 12800.7, 12809 and 13000. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code
section 12801.5 authorizes the issu - ance of a federal non–compliant driver’s license or identification card to an applicant who has submitted satisfactory proof of the applicant’s legal presence and satisfactory proof of California residency. The depart- ment also issues federally compliant driver’s licenses and identification cards, commonly referred to as a REAL ID card, to applicants who have appeared at a department field office and have provided their social security number, sufficient proof of their identity, and sufficient proof of their California residency.
A federal REAL ID card allows the cardholder to board com - mercial flights within the United States and enter se - cure federal facilities, such as military bases or federal courthouses. Vehicle Code
section 12801.9 authorizes the depart- ment to issue a driver’s license to an applicant who is unable to provide proof of legal presence but does meet other licensing requirements and is able to pro - vide proof of their identity and California residency, commonly known as an AB 60 driver’s license. Vehicle Code
section 12800 requires every driver license application to contain the applicant’s true full name. Pursuant to Vehicle Code
section 12800.7, the department is authorized to require a person applying for an original or duplicate driver license to produce necessary identification to ensure the name on the ap - plication is the applicant’s true full name. Throughout the COVID–19 pandemic, the depart - ment took steps to provide enhanced options for cus - tomers and temporary relief for at–risk populations. These efforts included digitizing the department’s internal processes and customer–facing services. As technology continues to evolve, the expectations and preferences of the department’s customers have also changed.
Today’s customers expect instantaneous ser- vice and information to be readily available.
As part of the department’s goal to deliver simpler, faster ways to fulfill customer needs through expanded digital ser- vices, the department offers programs such as: ● DMV Express: allows customers applying for a REAL ID driver’s license and identification card to electronically submit their identity, residency, name change, and tracing documents for review and pre–approval. ● Virtual Test Center: provides customers the op - tion to complete their knowledge test online. ● Mobile Technician: allows customers to apply for their REAL ID driver’s license and identification card outside of a field office, using a mobile tablet. ● Self–Service Kiosk Expansion: allows custom - er to request a driver record, process a driver’s
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1103 license and identification renewal, and request a duplicate driver’s license. Although the department has implemented these digital services for its customers, the department wants to continue to modernize and use technology to reduce in–person field office visits. However, a driv - er’s license or identification card holder currently can- not request a name change through the department’s various digital services, and must complete that trans- action in–person at a field office.
This proposed amendment will expand the depart - ment’s online request offerings while maintaining the reliability of the information contained on department issued driver’s licenses and identification cards. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of other state regulations related to driver’s licenses and iden - tification cards and have found that this proposed ac - tion is neither inconsistent nor incompatible with other state regulations. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference.
ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial de - terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo - cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Government Code
section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses: The applicant will be required to pay a fee for a duplicate driver’s license that re - flects their new name, which as of January 1, 2023 is $33. This action will not impact businesses. ● Small Business Impact: This proposed action will not impact small businesses. This proposed regu- latory change only impacts drivers. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man - date on local agencies or school districts, or a mandate that requires reimbursement pursuant to
Part 7 (commencing with
Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abil - ity of California businesses to compete with busi- nesses in other states : This proposed regulato - ry action allows for applicant’s with non–federal compliant driver’s licenses or identification cards to submit name change application and informa - tion online.
The proposed amendments will have no significant statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states.
RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina - tions when assessing the economic impact associated with this proposed regulation: The department has made the initial determination that this action will not impact, 1) the creation or elim- ination of jobs within the State of California, 2) the creation or elimination of existing businesses within the State of California, 3) the expansion of businesses currently doing business within the State of Califor - nia, or 4) worker safety or the state’s environment.
This action will benefit the welfare of California residents by potentially allowing them to avoid visit - ing a field office for a name change transaction, which will save them time and transportation costs. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code
section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.
ALTERNATIVES CONSIDERED 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, or would be effective as and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1104 CONTACT PERSON Any inquiries or comments concerning the pro - posed rulemaking action may be addressed to: Randi Calkins, Regulations Specialist Department of Motor Vehicles Legal Affairs Division P.O.
Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro - posed rulemaking action requiring more immediate response may use: Telephone: (916) 282–7294 Facsimile: (916) 657–6243 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in - quiries should be directed to the following back–up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657–6469 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the proposal is based.
The contact person identified in this notice shall make available to the public upon request the Ex- press Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of pub - lic records, including reports, documentation and other materials related to the proposed action.
In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial State - ment of Reasons, and Express Terms) may be ac - cessed at https://www.dmv.ca.gov/portal/about– the–california–department–of–motor–vehicles/ california–dmv–rulemaking–actions/ . AVAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.
If modifications are made which are sufficient- ly related to the originally proposed text, the fully modified text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regulations. Requests for copies of any modified regu- lations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public. TITLE 17.
DEPARTMENT OF PUBLIC HEALTH PET FOOD LABELING AND LICENSING REVISIONS (DPH–18–016) Notice is hereby given that the California Depart - ment of Public Health (Department) is proposing the regulation described below. This notice of proposed rulemaking commences a rulemaking to make the regulations permanent after considering all com - ments, objections, and recommendations regarding the regulation.
PUBLIC PROCEEDINGS The Department is conducting a 45–day written public proceeding during which time any interested person or such person’s duly authorized representative may present statements, arguments or contentions (all of which are hereinafter referred to as comments) rele- vant to the action described in the Informative Digest/ Policy Statement Overview
section of this notice. To request copies of the regulatory proposal in an alternate format, please write or call: David Mar - tin, Office of Regulations, 1415 L Street Suite 500, Sacramento, CA 95814, at (916) 440–7673, email to David.martin@CDPH.ca.gov or use the California Relay Service by dialing 711. PUBLIC HEARING A public hearing has not been scheduled for this rulemaking. However, the Department will conduct a public hearing if a written request for a public hearing is received from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period, pursuant to Government Code
Section 11346.8. Assistive Services: For individuals with disabilities, the Department will provide assistive services such as conversion of written materials into Braille, large print, audiocas -
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1105 sette, and computer disk. For public hearings, assistive services can include sign–language
interpretation, real–time captioning, note takers, reading, or writing assistance. –To request these assistive services, please call (916) 558–1710 or (California Relay at 711 or 1–800–735–2929), email Regulations@cdph.ca.gov or write to the Office of Regulations at the address noted above. Note: The range of assistive services available may be limited if requests are received less than 10 business days prior to public hearing.
WRITTEN COMMENT PERIOD Written comments pertaining to this proposal, re - gardless of the method of transmittal, must be received by Office of Regulations on October 10, 2023, which is hereby designated as the close of the written comment period. Comments received after this date will not be considered timely. Written Comments must be submitted as follows: 1. By email to: regulations@cdph.ca.gov.
It is re - quested that email transmission of comments, particularly those with attachments, contain the regulation package identifier “DPH–18–016” in the subject line; to facilitate timely identification and review of the comment; 2. By fax transmission to: (916) 636–6220; 3. By postal service or hand delivered to: California Department of Public Health, Office of Regulations, 1415 L Street, Suite 500, Sacramento, CA 95814.
All comments, including email or fax transmis - sions, should include the regulation package identi - fier, DPH–18–016 “Pet Food Labeling and Licensing Revisions”, along with your name and your mailing address or email address in order for the Department to provide copies of any notices for proposed changes to the regulation text on which additional comments may be solicited. AUTHORITY AND REFERENCE The Department proposes this amendment under the authority provided in Sections 113115, 131000, 131050, 131051, 131052, and 131200 of the Health and Safety Code.
The proposed regulations implement, interpret, and make specific Sections 113060, 113065, 113095, 113100, 113105, 113110, and 113115 of the Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Summary of Proposal This proposal would amend the Labeling and Li - censing Requirements of Sections 19025 and 19041 (respectively) of the regulations set forth in Title 17, of the California Code of Regulations (CCR) which re - late to the Pure Pet Food Act of 1969 (Act). Regarding labeling, the amendment would permit pet food pro - ducers who meet the requirements set forth in
Section 19025 to use the terms “human grade” and “natural” in describing their processed pet food products, de - lete unclear and non–specific language related to the term human grade, and incorporate labeling guide - lines from the Association of American Feed Control Officials (AAFCO) Pet Food and Specialty Pet Food Labeling Guide (Labeling Guide). Regarding licens - ing, the amendment to
Section 19041 would align the fees and licensing period noted in the regulations with the fees and licensing period set forth in the Health and Safety Code. Finally, non–substantive changes are also proposed. Background A processed pet food manufacturer is required to have a valid license (if manufacturing in–state) or a valid registration certificate (if manufacturing out–of– state for import into California), issued by the Califor- nia Department of Public Health (Department), Food and Drug Branch.
An individual or company seeking a license or registration certificate submits an applica- tion along with a representative label from the prod - uct, and a license or registration certificate fee. The Department reviews the submitted documents and, if necessary, conducts a pre–licensing inspection of the applicant’s facilities. The Department will then issue a license or registration certificate or deny the applica- tion. The reasons for a denial include, but are not lim- ited to, a label that does not comply with regulations set forth in
Article 16, Title 17 of the CCR, which were promulgated pursuant to the Act. The Department received a formal petition from a processed pet food producer regarding the labeling guidelines set forth in
Section 19025 (hereinafter pro- cessed pet food producers will be generically referred to as “producers” or a “producer”). The petition stated the petitioner is in compliance with the Association of American Feed Control Officials, Inc. Official Publi - cation (AAFCO OP) on the use of the term “natural” on the label and asked for clarification of Department regulations. The petitioner was sued for deceptive and misleading labeling as it had labeled its pet food as “natural.” Existing regulations set forth in
Section 19025 do not address the use of “natural” on a pro - cessed pet food label. Also, during the comment period on the petition, the Department received a request from a different producer regarding
Section 19025, subsection (g), which prohibits producers from using the “terms ‘fit for human food,’ ‘fit for human consumption,’ or any similar terms” on their labels. The commenter pre - viously applied for a license to the Department. The
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1106 application included a representative label from the products it wished to sell in California, which includ - ed the term human grade. The Department denied the application under subsection (g)’s prohibition of the terms “fit for human food,” “fit for human con - sumption,” or “ any similar terms ” (emphasis added) because “human grade” was a similar enough term to deny the application. The producer noted the AAFCO OP permits use of the term human grade on pet food labels, which appears to be inconsistent with this sub-
section of the regulations. In addition to this comment from the producer, the Department received several correspondences from consumers asking that produc - ers be permitted to offer “human grade” pet food in California. Considering the changing pet food market, the De - partment agrees amendments are necessary to provide clarity and consistency for the nationwide industry and California consumers while continuing to ensure the quality and safety of processed pet food. Addi - tionally, an amendment to the licensing
section would align with language in the CCRs and the Act. Existing Laws and Regulations : The Department evaluated this proposal and determined, if adopted, it will not be incompatible or duplicative with existing state or federal regulations. No statute or regulation conflicts with this proposed regulatory update. No other State regulation addresses the same subject mat- ter, and this proposal is not inconsistent or incompati- ble with other state regulations. Problem Statement The Department recognizes the pet food market has changed from when these regulations were originally adopted.
Today, both producers and customers desire to sell and have access to a wider variety of options. Therefore, the Department proposes adding guide - lines to the regulations permitting producers to use the terms human grade and natural. This Amendment is necessary to keep current with the changing pet food market, to provide clarity and consistency for the in - dustry and consumers, and to ensure the quality and safety of processed pet food. The Department proposes incorporation by reference of a
chapter in the AAFCO Labeling Guide which provides producers and con - sumers further guidance on labeling.
In addition to the labeling sections noted above, existing regulations include unclear language related to a prohibition on labeling processed pet food; specifically, the existing regulations include the ambiguous phrase “or any sim- ilar terms” as related to the prohibited terms “fit for human food” or “fit for human consumption.” The De- partment does not intend to permit a producer to state or imply processed pet food is “human edible;” how - ever, it proposes deleting this section’s prohibitions on use of “fit for human food,” “fit for human consump - tion,” and “any similar terms” to harmonize it with the addition of the human grade labeling language.
Of note, the proposed amendment permitting using of the term human grade includes limitations and prohibi - tions, which would prohibit a producer from stating or implying its food is anything other than pet food. Finally, during the process of reviewing and updat - ing the regulations, the Department found one addi - tional area that would benefit from clarification. Spe - cifically, the licensing regulations express the licens - ing fees differently than the Health and Safety Code.
Objectives (Goals) of the Regulation Broad objectives of this proposed regulatory action are to: ● Incorporate labeling guidelines based upon those from the AAFCO OP to increase consistency for producers and consumers. ● Incorporate by reference the Labeling Guide to increase clarity for producers and California consumers. ● Clarify ambiguous language in the existing regulations. ● Clarify licensing fees for producers.
Anticipated Benefits Anticipated benefits from this proposed regulatory action are: ● Increases clarity of terms regulated producers can use to describe processed pet food, providing consumers with a better understanding of what they are purchasing for their pets. ● Increased clarity in permissible language regulat- ed producers can print on a processed pet food la- bel to protect consumers from confusion as to the proper use of the processed pet food. ● Increased consistency for producers selling in more than one state. ● Updated labeling guidelines for increased consis- tency with industry standards. ● Continued protection of the public health and safety. ● Enhances the public’s wellbeing through protec - tion of the health of their pets. ● Updated, clear, and consistent regulations.
Evaluation as to Whether the Proposed Regulations Are Inconsistent or Incompatible with Existing State and Federal Regulations The Department has determined these regulations are neither inconsistent nor incompatible with other state regulations.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1107 FORMS INCORPORATED BY REFERENCE (Identified in the Informative Digest) The Department is proposing to incorporate by ref - erence
Chapter X 1 (ten) of the AAFCO Pet Food and Specialty Food Labeling Guide: AAFCO Association of American Feed Control Officials, AAFCO Pet Food and Specialty Pet Food Labeling Guide (Revised May 2016). MANDATED BY FEDERAL LAW OR REGULATIONS The Department determined these regulations are not identical to previously adopted or amended federal regulations. OTHER STATUTORY REQUIREMENTS The Department has determined there are no other statutory requirements LOCAL MANDATE The Department has determined this regulatory ac - tion would not impose a mandate on local agencies or school districts, nor are there any costs for which re - imbursement is required by
part 7 (commencing with
Section 17500) of division 4 of the Government Code. DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES ● Cost or Savings to Any Local Agency or School District: None. ● Cost or Savings to Any State Agency: None. ● Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. ● Cost or Savings in Federal Funding to the State : None. HOUSING COSTS The Department has determined this regulatory action will not have any significant effect on housing costs. 1 The AAFCO Pet Food and Specialty Pet Food Labeling Guide designates chapters with Roman numerals.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The proposed regulations will not have any signif - icant statewide adverse economic impact directly af - fecting business or the ability of California businesses to compete with businesses in other states. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The Department has determined that the proposed regulations would not affect the following: A. T he creation or elimination of jobs within the state. B. T he creation of new businesses or the elimination of existing businesses within the state.
C. T he expansion of businesses currently doing business within the state. Anticipated Benefits: The Department anticipates a benefit to the health and welfare of California residents by the enhance - ment of the public’s wellbeing through protection of the general health and diet of their pets, and a contin - ued protection of the public health and safety. There are no anticipated benefits to worker safety or the state’s environment.
COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS 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. Effect on Small Business As this regulatory action permits a business to choose whether or not to produce or sell pet food un- der the new labeling guidelines it permissive and not mandatory. The new regulations would affect all busi- ness including small businesses if they chose to label products based on the labeling guidelines.
ALTERNATIVES CONSIDERED 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 (to align 17 CCR with 40 C.F.R. § 7 45.65 as required by 40 C.F.R. § 7 45.325(e)(1)), would be as effective and less burdensome to affected private persons than the
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1108 proposed action, or would be more cost–effective to affected private persons and equally effective in im - plementing the statutory intent of 17 CCR
section 35035 or other provision of law. TECHNICAL, THEORETICAL, AND/ OR EMPIRICAL STUDIES, REPORTS OR DOCUMENTS RELIED UPON None. CONTACT PERSON Inquiries regarding the substance of the proposed regulations described in this notice may be directed to Melissa Vasquez of the Center for Environmental Health. All other inquiries concerning the action described in this notice may be directed to David Martin, Office of Regulations, at (916) 440–7673. In any inquiries or written comments, please identify the action by using the Department regu - lation package identifier, DPH–18–016.
A V AILABILITY STATEMENTS The Department has prepared and has available for public review an initial statement of reasons for the proposed regulations, all the information upon which the proposed regulations are based, and the text of the proposed regulations. The Office of Regulations, 1415 L Street, Suite 500, Sacramento, CA 95814, will be the custodian of public records, including reports, docu - mentation, and other material related to the proposed regulations (rulemaking file).
In order to request that a copy of this public notice, the regulation text, and the initial statement of reasons or alternate formats for these documents be mailed to you, please call (279) 217–0836 (or the California Relay Service at 711), send an email to regulations@ cdph.ca.gov, or write to the Office of Regulations at the address previously noted. Upon specific request, these documents will be made available in Braille, large print, audiocassette, or computer disk.
The full text of any regulation which is changed or modified from the express terms of the proposed ac - tion will be made available by the Department’s Of - fice of Regulations at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation. Final Statement of Reasons A copy of the final statement of reasons (when pre - pared) will be available upon request from the Office of Regulations.
INTERNET ACCESS Materials regarding the action described in this no - tice (including this public notice, the text of the pro - posed regulations, and the initial statement of reasons) that are available via the Internet may be accessed at www.cdph.ca.gov by clicking on these links, in the following order: Decisions Pending & Opportunities for Public Participation, Proposed Regulations.
GENERAL PUBLIC INTEREST ENVIRONMENTAL PROTECTION AGENCY UNIFIED PROGRAM SURCHARGE FEE CHANGE NOTICE IS HEREBY GIVEN that the Secretary for the California Environmental Protection Agency (CalEPA) proposes to adjust the Unified Program state surcharge according to the California Health and Safe- ty Code, Division 20,
Chapter 6.11,
section 25404.5(b), and the California Code of Regulations, Title 27, Divi- sion 1, Subdivision 4,
Chapter 1,
Section 15240. The Unified Program state surcharge is an assess - ment on each entity regulated under the Unified Pro - gram and is used to fund the necessary and reason - able costs of all state agencies responsible for program implementation, ongoing maintenance and oversight of the Unified Program. Changes will be made in the Oversight and California Accidental Release Preven - tion (CalARP) Program state surcharges. The Under - ground Storage Tank, Aboveground Petroleum Storage Act, and Refinery Safety portions remain unchanged.
CalEPA has received 4.0 permanent positions to support inspection and enforcement authority imple - mentation for the Hazardous Materials Business Plan (HMBP) and CalARP programs, including one attor - ney position to support the Unified Program. To sup - port these positions the current CalARP program sur - charge will increase from the current $270 to $370 per regulated business annually and the Unified Program Oversight surcharge to support the HMBP program will increase from the current $84 to $94 per regulated business annually.
The Unified Program State Surcharge will be pub - licly noticed in the California Regulatory Notice Reg- ister for 30 days during which time comments will be accepted on the proposed changes. Written comments must be sent to the address or email below and must be received by 5:00 p.m. on September 25, 2023.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1109 Mail Address: Elizabeth Brega Senior Environmental Scientist CalEPA Unified Program P.O. Box 2815 Sacramento, CA 95812 Email Address: Elizabeth.Brega@calepa.ca.gov Following the 30–day comment period, the Secre - tary will review the comments, make any necessary changes, and publish the final Unified Program State Surcharge in the California Regulatory Notice Reg - ister.
All portions of the Unified Program State Sur - charge will become effective immediately upon final publication in the California Regulatory Notice Regis- ter and be applicable to fiscal year 2023/2024. Certified Unified Program Agencies (CUPAs) will be required to begin assessing the new Unified Pro - gram State Surcharge no later than 60–days after the effective date.
CUPAs will be responsible for as - sessing and collecting the increased Oversight and CalARP Program portions of the state surcharge during the normal billing cycle for fiscal year 2023/2024. 2023/2024 UNIFIED PROGRAM SURCHARGE FEE Surcharge Portion: Oversight Applicable To: Each facility Current Rate: $84.00 Change: $10.00 per each facility New Rate: $94.00 Surcharge Portion: California Accidental Release Prevention Program Applicable To: Each stationary source Current Rate: $270.00 Change: $100 per each stationary source New Rate: $370 Surcharge Portion: Underground Storage Tank Applicable To: Each tank Current Rate: $20.00 Change: No Change New Rate: No Change Surcharge Portion: Aboveground Petroleum Storage Act Applicable To: Each tank facility Current Rate: $26.00 Change: No Change New Rate: No Change Surcharge Portion: Refinery Safety Applicable To: Each refinery facility Current Rate: Tier 1 — $45,000, Equal to or greater than 200,000 daily barrel capacity; Tier 2 — $27,500, 100,000 to 199,999 daily barrel capacity; Tier 3 — $13,750, 50,000 to 99,999 daily barrel capacity; and Tier 4 — $3,500, less than 50,000 daily barrel capacity.
Change: No Change New Rate: No Change DEPARTMENT OF FISH AND WILDLIFE PROPOSED PROJECT ON A FULLY PROTECTED SPECIES PALO ALTO HORIZONTAL LEVEE PILOT PROJECT RMP–2023–0008–R3 COUNTY OF SANTA CLARA The Department of Fish and Wildlife (CDFW) re - ceived a project proposal on July 19, 2023, from En - vironmental Science Associates, on behalf of the City of Palo Alto, requesting authorization to take the of Salt–marsh harvest mouse ( Reithrodontomys ravivi - entris), a fully protected mammal, as well as Califor - nia Ridgway’s rail (Rallus obsoletus obsoletus), a fully protected bird, in an effort to recover fully protected, threatened, or endangered species.
Salt–marsh harvest mouse and California Ridgway’s rail are also listed as endangered under the California Endangered Species Act and listed as endangered under the federal Endan- gered Species Act. The City of Palo Alto proposes to build a horizontal levee to restore and enhance the ecological function of habitats within Harbor Marsh under both current and future conditions, as well as provide sea–level rise resiliency.
Proposed activities will include, but are not limited to, construction of the horizontal levee, which is designed to be a freshwater ecotone transition zone to tidal marsh, and consists of four primary areas: an engineered levee berm to support the horizontal levee slope, a treatment zone designed to support polishing of treated wastewater, a downslope habitat zone de - signed to support a variety of ecotypes, and transition- al slopes north and south of the treatment zone.
The project will also install a new buried water line be - tween a local water treatment plant and the levee area, relocate a trail further away from the salt marsh, and revegetate the Project site. The proposed project will
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1110 occur in the City of Palo Alto, in Santa Clara Coun - ty at latitude 37.451942 and longitude –122.108568. CDFW intends to issue, under specified conditions, a Restoration Management Permit (RMP) to authorize applicant to carry out the proposed project. Pursuant to California Fish and Game Code sec - tion 3511 and 4700 CDFW may authorize take of ful- ly protected birds and mammals after 30 days’ notice has been provided to affected and interested parties through publication of this notice. If CDFW deter - mines that the proposed project is consistent with the requirements of
Section 3511 and 4700 for take of fully protected birds and mammals, it may issue the authorization in the form of an RMP on or after Sep - tember 24th, 2023, for an initial and extendable term of 4 years. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE
SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR MIDDLE CREEK SALMONID SPAWNING HABITAT PROJECT (TRACKING NUMBER: 1653–2023–126–001–R1) SHASTA COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on August 14, 2023, that the Reclamation District Number 108 (District) proposes to carry out a habitat restoration or enhance- ment project pursuant to Fish and Game Code
section 1653. The proposed project involves adding 2500 cu - bic yards of spawning gravel to the Sacramento River. The proposed project will be carried out on the Sacra- mento River, located at Middle Creek Road, Redding, Shasta County, California. On June 22, 2023, the Central Valley Regional Wa- ter Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Mid- dle Creek Salmonid Spawning Habitat Project.
The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage un - der the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 5A45CR00643) for coverage under the General 401 Order on July 25, 2023. The District is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code
section 1653 subdivision (d). If CDFW determines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code
section 2081 subdivision (
b) or a Lake or Streambed Alteration Agreement under Fish and Game Code
section 1605 for the proposed project. In accordance with Fish and Game Code
section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the District will have the opportunity to submit under Fish and Game Code
section 1652. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR HONEYDEW BRIDGE REPLACEMENT PROJECT 2080–2023–011–01 HUMBOLDT COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on August 8, 2023, that Humboldt County proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the Cali - fornia Endangered Species Act (CESA). The proposed project involves replacing an existing single lane bridge with a new two–span bridge.
Proposed activ - ities will include, but are not limited to, construction of a detour road and upriver crossing, installation of temporary gravel work pads and temporary shoring towers, vibratory pile driving, water diversion, exca - vation, grading, and demolition of the existing bridge.
The proposed project will occur on the Honeydew Bridge over the Mattole River near the community of Honeydew, in Humboldt County, California The National Marine Fisheries Service (NMFS) is - sued a federal biological opinion (BO) (NMFS Num - ber WCRO–2020–02509) in a memorandum to the California Department of Transportation on October 16, 2020, which considered the effects of the proposed project on Northern California summer steelhead (Oncorhynchus mykiss).
Northern California summer steelhead is part of the Northern California steelhead distinct population segment and is designated as a threatened species pursuant to the federal Endangered
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1111 Species Act and an endangered species pursuant to the California Endangered Species Act. Pursuant to California Fish and Game Code
section 2080.1, Humboldt County is requesting a determina - tion that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, Humboldt County will not be re - quired to obtain an incidental take permit under Fish and Game Code
section 2081 subdivision (
b) for the proposed project. ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF STATE HOSPITALS OFFICE OF ADMINISTRATIVE LAW (PURSUANT TO TITLE 1,
SECTION 270, OF THE CALIFORNIA CODE OF REGULATIONS) The Office of Administrative Law has accepted for consideration a petition challenging the Department of State Hospitals’ Administrative Directive Number 843, issued 12/14/2021, regarding various aspects of patient living areas. Please send your comments to: Mark Storm, Senior Attorney Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 staff@oal.com You must send a copy of your comment to the peti - tioner and the agency contact concurrently.
Petitioner: Allan Fletcher 24511 West Jayne Avenue #1460–5 Coalinga, CA 93210–9503 butchthompson1962@gmail.com Agency contact: Sunny Lowell, Attorney Department of State Hospitals Regulations, Policy, and Operations Unit 1215 O Street, MS–20 Sacramento, CA 95814 DSH.Regulations@dsh.ca.gov Please note the following timelines: Publication of Petition in Notice Register: 8/25/2023 Deadline for Public Comments: 9/25/2023 Deadline for Agency Response: 10/9/2023 Deadline for Petitioner Rebuttal: 15 days after the agency provides a response to the petitioner Deadline for OAL Determination: 12/26/2023
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.
Department of Social Services File # 2023–0629–02 Two Year Establish Timeframe for CalWORKs Nonfraudulent Overpayments This Certificate of Compliance action makes per - manent the emergency regulations which created two more exceptions to the requirement to correct and col- lect overpayments on grants: nonfraudulent overpay - ment claims that include overpaid months during the COVID–19 pandemic emergency and nonfraudulent overpayments discovered more than 24 months later.
Title MPP Amend: 44–350 Filed 08/11/2023 Effective 10/01/2023 Agency Contact: Everardo Vaca (916) 657–2363 California Debt Limit Allocation Committee File # 2023–0802–01 Adoption of Emergency Regulations This emergency rulemaking action from the California Debt Limit Allocation Committee amends
definitions and requirements pertaining to the Qualified Residential Rental Project Program. Title 04 Amend: 5020, 5170, 5190, 5193, 5231, 5233 Filed 08/11/2023 Effective 08/11/2023 Agency Contact: Emily Burgos (916) 952–7161
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1112 Department of Food and Agriculture File # 2023–0804–01 Zeugodacus tau Interior Quarantine, Zeugodacus tau Eradication Area This emergency action creates an interior quarantine for the fruit fly Zeugodacus tau (formerly Bactrocera tau), adds Ventura County to the list of eradication areas, and updates the host list to match the current United States Department of Agriculture list.
Title 03 Adopt: 3444 Amend: 3591.27 Filed 08/11/2023 Effective 08/11/2023 Agency Contact: Rachel Avila (916) 698–2947 California Horse Racing Board File # 2023–0808–03 Prohibited Veterinary Practices This emergency readoption action expressly allows possession and use of a medication on the premises of a facility under the jurisdiction of the California Horse Racing Board if no other human or animal drugs ap - proved by the FDA are available to satisfy the need for the compounded drug and the drug is compounded by a California licensed veterinarian or California li - censed pharmacy.
Title 04 Amend: 1867 Filed 08/16/2023 Effective 09/12/2023 Agency Contact: Nicole Lopes–Gravely (916) 263–6397 California Coastal Commission File # 2023–0728–01 Conflict–of–Interest This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only. Title 14 Filed 08/16/2023 Effective 08/16/2023 Agency Contact: Robin Mayer (415) 505–5908 Division of Workers’ Compensation File # 2023–0705–01 Medical Treatment Utilization
Schedule (MTUS) This request for filing and printing by the Division of Workers’ Compensation of the Department of Industrial Relations makes evidence–based updates to the medical treatment utilization
schedule pursuant to Labor Code
section 5307.27. Title 08 Amend: 9792.22, 9792.23.2, 9792.24.7 Filed 08/10/2023 Effective 08/10/2023 Agency Contact: Nicole L. Richardson (510) 286–0656 Governor’s Office of Business and Economic Development File # 2023–0727–03 Conflict–of–Interest This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.
Title 02 Amend: 59740 Filed 08/09/2023 Effective 09/08/2023 Agency Contact: Hannah Goldsmith (916) 715–5697 Office of Environmental Health Hazard Assessment File # 2023–0801–01 Chemicals Known to the State to Cause Cancer or Reproductive Toxicity This action by the Office of Environmental Health Hazard Assessment amends the list of “Chemicals Known to the State to Cause Cancer or Reproductive Toxicity” pursuant to Health and Safety Code,
section 25249.8 Title 27 Amend: 27001 Filed 08/09/2023 Effective 08/11/2023 Agency Contact: Kiana Vaghefi (279) 216–0002 California Highway Patrol File # 2023–0628–03 CHP Contact This action without regulatory effect amends the mailing address for the California Highway Patrol (CHP) for purposes of an application for exemption from any of the requirements of Title 13, Division 2,
Chapter 6.5 of the California Code of Regulations re - garding motor carrier safety. The action also amends language to be gender neutral. Title 13 Amend: 1202 Filed 08/09/2023 Agency Contact: Adam Roha (916) 843–3407
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1113 Department of Public Health File # 2023–0706–02 Reportable Disease Changes This action by the California Department of Public Health amends the list of reportable diseases. This ac- tion is exempt from the Administrative Procedure Act pursuant to Health and Safety Code
section 120130, subdivisions (
a) and (b), and is submitted to OAL for filing and printing only. Title 17 Amend: 2505 Filed 08/10/2023 Effective 08/10/2023 Agency Contact: Hannah Strom–Martin (916) 440–7371 Board of Barbering and Cosmetology File # 2023–0629–01 Transfer of Credit This rulemaking action by the Board of Barbering and Cosmetology (“Board”) establishes how and when technical and practical instruction hours earned by successfully completing courses of study in one Board program may be credited towards a different Board program.
Title 16 Amend: 950.10 Filed 08/10/2023 Effective 10/01/2023 Agency Contact: Jennifer Huetter (916) 575–7100 Board of Forestry and Fire Protection File # 2023–0703–03 Northern Spotted Owl Take Avoidance Pathways and Habitat This action by the Board of Forestry and Fire Protection amends regulations concerning the Northern Spotted Owl to conform with updated take avoidance pathways and habitat
definitions described in the U.S. Fish and Wildlife survey protocols. Title 14 Amend: 895.1, 919.9, 939.9 Filed 08/15/2023 Effective 01/01/2024 Agency Contact: Jane Van Susteren (916) 619–9795 Department of Corrections and Rehabilitation File # 2023–0705–02 Temporary Cameras in Inmate Hospital Rooms This action adopts a requirement to use camera equipment to monitor an inmate while at a hospital when custody staff should not be in the room with the inmate due to the inmate’s clinical condition, as de - termined by medical staff, and no viewing window is available.
Title 15 Adopt: 3270.4 Filed 08/16/2023 Effective 10/01/2023 Agency Contact: Josh Jugum (916) 445–2266 Department of Justice File # 2023–0629–03 Nonprofit Colleges In this regular rulemaking, the Department of Justice is adopting regulations to create a procedure to verify the nonprofit status of an institution of higher education pursuant to Education Code
section 94874.1. Title 11 Adopt: 940 Filed 08/10/2023 Effective 10/01/2023 Agency Contact: Marlon Martinez (213) 269–6437 Fish and Game Commission File # 2023–0703–01 Klamath River Basin Sport Fishing 2023 In this rulemaking, the Fish and Game Commission (FGC) is closing the Klamath River Basin to Chinook Salmon sport fishing due to decreased Chinook Salmon Populations. FGC is also making non– substantive changes to the spelling of Salmonid spe - cies and adjusting the regulatory cross references for permissible sport fishing catch length requirements.
Title 14 Amend: 5.87, 7.40 Filed 08/15/2023 Effective 08/15/2023 Agency Contact: Maurene Trotter (916) 902–9281 Respiratory Care Board File # 2023–0628–01 Continuing Education/Citation and Fine In this rulemaking action, the Board amends its reg- ulations to update its requirements related to continu - ing education. The Board also adopts a regulation for preceptors, that is, persons who directly supervise and provide clinical instruction to respiratory education program students.
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1114 Title 16 Adopt: 1399.352.6 Amend: 1399.349, 1399.350, 1399.350.5, 1399.351, 1399.352, 1399.352.5, 1399.352.7, 1399.381 Filed 08/10/2023 Effective 10/01/2023 Agency Contact: Stephanie Nunez (916) 999–2212 Respiratory Care Board File # 2023–0628–01 Continuing Education/Citation and Fine In this rulemaking action, the Board amends its reg- ulations to update its requirements related to continu - ing education.
The Board also adopts a regulation for preceptors, that is, persons who directly supervise and provide clinical instruction to respiratory education program students.
Title 16 Adopt: 1399.352.6 Amend: 1399.349, 1399.350, 1399.350.5, 1399.351, 1399.352, 1399.352.5, 1399.352.7, 1399.381 Filed 08/10/2023 Effective 10/01/2023 Agency Contact: Stephanie Nunez (916) 999–2212 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN April 1, 2023, to June 30, 2023 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last.
For further information on a particular file, con - tact the person listed in the
Summary of Regulatory Actions
section of the Notice Register published on the first Friday more than nine days after the date filed.
Title 02 04/12/2023 AMEND: 35101 04/19/2023 AMEND: 54300 05/03/2023 AMEND: 58600 06/07/2023 AMEND: 34000 06/13/2023 AMEND: 1859.2, 1859.90, 1859.90.2 06/20/2023 AMEND: 1860.2, 1860.3, 1860.4, 1860.5, 1860.5.1, 1860.6, 1860.14, 1860.15, 1850.19 06/29/2023 ADOPT: 1896.5, 1896.18, 1896.20 AMEND: 1896.2, 1896.4, 1896.6, 1896.10, 1896.12, 1896.13, 1896.14, 1896.15, 1896.16, 1896.17, 1896.18 [renumbered to 1896.22], 1896.20 [renumbered to 1896.24], 1896.22 [re - numbered to 1896.26], 1896.60, 1896.61, 1896.62, 1896.70, 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.80, 1896.81, 1896.82, 1896.83, 1896.84, 1896.85, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97, 1896.99.100, 1896.99.120 Title 03 04/10/2023 ADOPT: 6990, 6990.1, 6990.2, 6990.3, 6990.4, 6990.5, 6990.6, 6990.7, 6990.8, 6990.9, 6990.10, 6990.11, 6990.12, 6990.13, 6990.14, 6990.15, 6990.16 05/11/2023 ADOPT: 4890, 4943, 4934, 4936, 4951, 4952 AMEND: 4900, 4901, 4902, 4930, 4935, 4940, 4941, 4942, 4944, 4946, 4950, 4950.1 05/15/2023 AMEND: 6000, 6416, 6457, 6487.1, 6487.3, 6487.4, 6487.5, 6512, 6568, 6800 06/30/2023 ADOPT: 6404, 6509, 6512.1, 6512.2, 6512.3, 6512.4, 6580.1, 6580.2, 6624.5, 6731 AMEND: 6000, 6302, 6406, 6414, 6428, 6430, 6500, 6502, 6504, 6508, 6510, 6511, 6512, 6513, 6522, 6530, 6531, 6540, 6562, 6564, 6568, 6580, 6582, 6584, 6612, 6622, 6624, 6724, 6742 REPEAL: 6445.5, 6534, 6536, 6560 Title 04 04/14/2023 ADOPT: 12318, 12368.2 AMEND: 12112, 12360, 12368, 12470, 12472 05/01/2023 ADOPT: 10200.8, 10200.9, 10200.10, 10200.11, 10200.12, 10200.13, 10200.14, 10200.15 05/04/2023 ADOPT: 8078.1 05/11/2023 ADOPT: 1846.2, 1846.3 AMEND: 1420, 1846, 1846.1 05/15/2023 ADOPT: 1867.2 05/16/2023 AMEND: 12014, 12052, 12060, 12118 05/31/2023 AMEND: 5000, 5020, 5022, 5035, 5036, 5052, 5054, 5100, 5105, 5133, 5144, 5146, 5170, 5190, 5193, 5200, 5230, 5231, 5240, 5241 06/14/2023 AMEND: 7328, 7428 06/21/2023 AMEND: 10305, 10317, 10326, 10327, 10328, 10335 06/22/2023 AMEND: 12080, 12112, 12114, 12272, 12274 06/26/2023 ADOPT: 15049.3 AMEND: 15418 Title 05 04/19/2023 ADOPT: 40519.2, 40519.3, 41025 05/16/2023 AMEND: 42920 06/05/2023 AMEND: 31014 06/29/2023 ADOPT: 80096(a)-(
d) Title 08 04/18/2023 ADOPT: 32007, 32008, 95000, 95010, 95020, 95030, 95040, 95050, 95060, 95070, 95080, 95090, 95100, 95110, 95120, 95130, 95140, 95150, 95160, 95200, 95210, 95220, 95230
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1115 AMEND: 31001, 32020, 32030, 32040, 32050, 32055, 32060, 32075, 32080, 32085, 32090, 32091, 32092, 32093, 32094, 32100, 32105, 32110, 32111, 32115, 32120, 32125, 32130, 32132, 32135, 32136, 32140, 32143, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32165, 32166, 32168, 32169, 32170, 32175, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32312, 32315, 32320, 32325, 32350, 32360, 32370, 32375, 32380, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32500, 32602, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32700, 32720, 32721, 32722, 32724, 32726, 32728, 32730, 32732, 32734, 32735, 32736, 32738, 32739, 32740, 32742, 32744, 32746, 32748, 32750, 32752, 32754, 32761, 32762, 32763, 32770, 32772, 32774, 32776, 32781, 32783, 32784, 32786, 32791, 32792, 32793, 32795, 32980 04/27/2023 AMEND: 372.6, 372.8, 376., 376.8 Title 09 04/18/2023 ADOPT: 30817 Title 10 06/19/2023 AMEND: 10000, 10001, 10002, 10005, 10006 06/19/2023 AMEND: 10002 Title 11 04/25/2023 AMEND: 1052 05/04/2023 ADOPT: 1211, 1214 05/05/2023 ADOPT: 1203, 1204, 1206, 1207, 1208, 1209, 1210 05/31/2023 AMEND: 5505, 5506, 5507, 5508, 5509, 5511, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, 5521, 5522 REPEAL: 5510 06/08/2023 AMEND: 1953, 1954, 1955 06/19/2023 ADOPT: 328.1 06/19/2023 ADOPT: 999.30 AMEND: 999.10, 999.12 Title 12 05/25/2023 ADOPT: 715 Title 13 04/19/2023 AMEND: 423.00 04/25/2023 AMEND: 125.02 04/27/2023 AMEND: Appendix,
Article 2.0 04/27/2023 AMEND: 430.00, 431.00 04/28/2023 AMEND: 1157.21 05/10/2023 AMEND: 1 05/25/2023 ADOPT: 551.26 06/22/2023 ADOPT: 2537.2, 2590.2 AMEND: 2525, 2526, 2580, 2581 Title 14 04/03/2023 ADOPT: 29104 04/04/2023 AMEND: 670.2 04/17/2023 AMEND: 18660.5, 18660.6, 18660.9, 18660.24, 18660.25, 18660.34, 18660.41 05/01/2023 AMEND: 29.80 05/09/2023 AMEND: 11990 05/16/2023 ADOPT: 700.1 05/22/2023 AMEND: 700.4 06/02/2023 AMEND: 28.15 06/07/2023 AMEND: 18660.24, 18660.25, 18660.33, 18660.34 06/08/2023 AMEND: 702 06/19/2023 AMEND: 7.40 06/19/2023 AMEND: 230 06/22/2023 AMEND: 362 06/29/2023 AMEND: 364, 364.1 06/30/2023 AMEND: 502 06/30/2023 ADOPT: 16100, 16101, 16102 Title 15 04/11/2023 AMEND: 3043.3, 3043.5 04/11/2023 AMEND: 3190 05/22/2023 AMEND: 3999.98, 3999.131, 3999.133, 3999.147, 3999.325, 3999.327 05/31/2023 AMEND: 3000, 3095, 3999.98, 3999.205, 3999.396 06/13/2023 ADOPT: 3499, 3499.1, 3499.2 Title 16 04/17/2023 AMEND: 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.11, 1391.12, 1392.1 REPEAL: 1391.10 05/01/2023 ADOPT: 3395.6 AMEND: 3303, 3351 05/04/2023 REPEAL: 309, 309.1, 309.2, 309.3, 309.4 05/05/2023 AMEND: 2680 05/09/2023 AMEND: 1398.26.5 05/31/2023 ADOPT: 3394.50, 3394.51, 3394.52, 3394.53, 3394.54, 3394.55, 3395.7, 3395.8, 3395.9, 3395.10 AMEND: 3394.25, 3394.26, 3394.27, 3394.40, 3394.41, 3394.42, 3394.43, 3394.44, 3394.45, 3394.46 06/13/2023 AMEND: 6014 06/29/2023 ADOPT: 3024.5 AMEND: 3005, 3024, 3031 REPEAL: 3026 Title 17 06/12/2023 ADOPT: 23200, 23205, 23210, 23215, 23220, 23225, 23230, 23235 06/29/2023 ADOPT: 30426, 30427, 30427.2, 30427.4 AMEND: 30400, 30403, 30405, 30408, 30409, 30411, 30418, 30419, 30435, 30436,
CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 34-Z 1116 30437, 30442, 30443, 30444, 30447 REPEAL: 30427 Title 18 04/18/2023 AMEND: 462.520 04/18/2023 AMEND: 462.540 05/10/2023 ADOPT: 35401 06/26/2023 ADOPT: 30101.5, 30209.05, 30430.5, 30436, 30608, 30705.5 AMEND: 30000, 30101, 30102, 30103, 30104, 30105, 30106, 30107, 30201, 30202, 30203, 30204, 30205, 30207, 30208, 30209, 30209.1, 30210, 30211, 30211.5, 30212, 30212.1, 30213, 30213.5, 30214, 30214.5, 30215, 30216, 30217, 30219, 30220, 30221, 30222, 30223, 30224, 30301, 30302, 30303, 30304, 30310, 30311, 30312, 30313, 30314, 30315, 30316, 30401, 30402, 30403, 30404, 30405, 30410, 30412, 30413, 30420, 30421, 30430, 30431, 30432, 30433, 30501, 30502, 30503, 30504, 30505, 30506, 30601, 30602, 30602.1, 30603, 30604, 30605, 30606, 30607, 30701, 30702, 30705, 30706, 30707 REPEAL: 30218, 30411 Title 20 04/07/2023 AMEND: 1601, 1602, 1604, 1606, 1607 04/25/2023 AMEND: 1601, 1602, 1604, 1605,.3, 1606 04/25/2023 AMEND: 2402 Title 22 04/27/2023 ADOPT: 84700, 84701, 84710.2, 84718, 84720, 84722, 84723, 84740, 84742, 84761, 84764, 84765, 84765.5, 84766, 84769.2, 84770, 84772, 84775, 84775.1, 84787 AMEND: 80061, 80068.2 05/01/2023 ADOPT: 66271.71, 66271.72 REPEAL: 66271.15 [renumbered as 66271.71], 66271.18 [renumbered as 66271.72] 05/17/2023 AMEND: 20000 05/18/2023 AMEND: 87470 05/30/2023 AMEND: 70741, 70839, 70849, 71243, 71539, 71643, 71653, 72335, 72639, 72649, 73325, 73549, 73637, 73647, 76363, 76649, 76659, 77077, 78319, 79213, 79685 Title 22, MPP 05/16/2023 ADOPT: 83075.1, 84075.1 AMEND: 83001, 84001 Title 23 04/03/2023 ADOPT: 3939.59 04/05/2023 ADOPT: 3959.11 05/24/2023 ADOPT: 3969.6 06/05/2023 ADOPT: 996 06/15/2023 ADOPT: 3979.14 Title 25 06/27/2023 ADOPT: 6932 REPEAL: 6932 Title 27 05/04/2023 AMEND: 27000 06/07/2023 AMEND: 27001 Title 28 04/25/2023 AMEND: 1300.67.2.2 Title MPP 06/01/2023 AMEND: 44-101, 44-103, 44-111, 44-113, 44- 115, 44-133, 82-610