GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 49−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 6, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2019−1 126−03 ...................................... 1639 Amendment Multi−County: Bay Area Community College District Joint Powers Authority Los Angeles−San Diego−San Luis Obispo (LOSSAN) Rail Corridor Agency Adoption Multi−County: Golden Valley Charter School TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Direct Marketing — Notice File Number Z2019−1 121−01 ............................................. 1640 TITLE 8. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Pressure Vessel Fees — Notice File Number Z2019−1 125−02 .......................................... 1643 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Appeals Amendments, 2020 — Notice File Number Z2019−1 126−01 ..................................... 1653 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION Southern Subdistrict and Marin County Stocking, 2020 — Notice File Number Z2019−1126−02 .............................................................. 1657 TITLE 16.

MEDICAL BOARD OF CALIFORNIA Criminal Conviction Substantially Related and Rehabilitation Criteria — Notice File Number Z2019−1125−01 .............................................................. 1663 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination Number 2080−2019−009−02, Walker Creek Bridge Replacement, Glenn County ........................... 1667 (Continued on next page) Time- Dated Material

DECISION NOT TO PROCEED BOARD OF PHARMACY Notice of Decision Not to Proceed Concerning Remote Dispensing Pharmacy Technicians (Previously Published in Notice Register 2019, 15−Z) ............................. 1670 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Todd Robben Concerning Adultzs Institutions, Programs and Parole ................................................................ 1671

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1671 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment 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: Bay Area Community College District Joint Powers Authority Los Angeles−San Diego−San Luis Obispo (LOSSAN) Rail Corridor Agency ADOPTION MULTI−COUNTY: Golden Valley Charter School A written comment period has been established com- mencing on December 6, 2019 and closing on January 20, 2020.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than January 20, 2020. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, 1639

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE DIVISION 3. ECONOMICS

CHAPTER 1. FRUIT AND VEGETABLE STANDARDIZATION SUBCHAPTER 4. FRESH FRUITS, NUTS AND VEGETABLES

Article 6.5. Direct Marketing NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) pro- poses to amend the regulations described below after considering all comments, objections, and recommen- dations regarding the proposed actions. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Department. Com- ments may also be submitted via facsimile (FAX) at (916) 900−5345 or by e−mail to maria.tenorio@cdfa. ca.gov. The written comment period closes at 5:00 p.m. on January 21, 2020. The Department will consider only comments received at the Department by that time.

Submit comments to: Maria Tenorio, Agriculture Program Supervisor II Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900−5030; Fax: (916) 900−5345 AUTHORITY AND REFERENCE Food and Agricultural Code (FAC)

section 14 autho- rizes the Department to adopt rules and regulations in accordance with the Administrative Procedure Act. Ad- ditional authority vested in the FAC grants the Depart- ment Secretary the authority to amend or repeal rules and regulations. FAC

section 407 authorizes the Secretary of the De- partment to adopt such regulations as are reasonably necessary to carry out the provisions of the FAC that the Secretary is directed or authorized to administer or en- force. FAC

section 47000 establishes the Legislature’s find- ings and declarations with regard to direct marketing. This

section specifies, in part, that a regulatory scheme should be developed that provides flexibility to make direct marketing a viable marketing system. FAC

section 47000.5 establishes

definitions for “agricultural product,” “practice of the agricultural arts,” and “Producer” under the Direct Marketing Chapter. FAC

section 47001 specifies, in part, that the Secre- tary of the Department may adopt regulations to en- courage the direct sale by farmers to the public of all types of California agricultural products. These regula- tions may include provisions to ensure and maintain quality and wholesomeness of the products, and to en- sure that the selling activities are conducted without fraud, deception, or misrepresentation. FAC

section 47002 provides, in part, opportunities for California farmers to market their agricultural prod- ucts directly to the public with exemptions for mini- mum size, labeling, standard pack, and container re- quirements. These exemptions allow farmers to sell their product directly to the public without the added expense of commercial preparation. FAC

section 47003 provides, in part, that the Secre- tary may establish qualifications for persons selling products directly to the public whenever the sales in- volve the use of any exemption granted under the chap- ter pertaining to Direct Marketing. In addition, this sec- tion provides that certified farmers’ markets (CFMs) and other direct marketing outlets and distributors may likewise be subject to qualifications. FAC

section 47004 establishes, in part, that CFMs are California agricultural product point of sale locations that are registered under the provisions of FAC

section 47020 and operated in accordance with the

chapter gov- 1640

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z erning direct marketing and regulations adopted pur- suant to the Direct Marketing Chapter. FAC

section 47005 grants an enforcing officer the au- thority to enter and inspect any place or conveyance where products are produced, stored, packed, delivered for shipment, loaded, shipped, transported, or sold per- taining to a certified producer’s certificate over which they have jurisdiction. FAC sections 47005.1 through 47005.3 provide, in part, that an enforcing officer may inspect, seize, and hold all products, containers, and equipment found in any place or conveyance to determine compliance with the Direct Marketing

Chapter or regulations adopted thereunder. FAC

section 47020 establishes that the Department is responsible for administering and regulating CFMs and county agricultural commissioners are responsible at the local level for issuing producer and operator certifi- cates and conducting onsite inspections to verify that all agricultural products sold at the CFM are grown by the producer. In addition, this

section authorizes the Secre- tary of the Department to promulgate regulations speci- fying the information a certified producer is required to submit to the Department. FAC

section 47021 provides, in part, how CFM oper- ator fees shall be used, including, among other things, for investigation and enforcement expenses, including expenses incurred by county agricultural commission- ers for actions conducted pursuant to the provisions re- lated to direct marketing. FAC

section 47022 provides, in part, that it is un- lawful for any person when operating under the provi- sions of the Direct Marketing Program or the regula- tions adopted thereunder to prepare, pack, place, deliv- er for shipment, deliver for sale, load, ship, transport, cause to be transported, or sell any products in bulk, or in any container or subcontainer, unless such products conform to the provisions of this

chapter or the regula- tions adopted thereunder. FAC sections 47022.1 through 47022.7, establish, in part, that it is unlawful to engage in various activities re- lated to agricultural commodities that fall under the pro- visions of the Direct Marketing

Chapter or the regula- tions adopted thereunder. FAC

section 47025 provides that in lieu of prosecu- tion, but not precluding suspension or revocation of cer- tified producer’s certificates or CFM certificates, the Secretary of the Department or a county agricultural commissioner may levy a civil penalty against a person who violates these provisions or any regulation imple- mented pursuant to these provisions, as specified.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action proposes to amend the Cali- fornia Code of Regulations (3 CCR), Title 3, Division 3, sections 1392, 1392.1, 1392.2, 1392.4, 1392.5, 1392.6, 1392.8, 1392.8.1, 1392.9, 1392.9.1, and 1392.9.2; adopt sections 1392.10, 1392.10.1, and 1392.10.2; and repeal sections 1392.4.1, 1392.7, 1392.10, and 1392.11. Specifically, this rulemaking action clarifies and makes specific the conditions of direct marketing at CFMs.

The Direct Marketing/CFM Program ensures that certified producers and market operators are complying with direct marketing statutes and regulations, which are in place to ensure an equitable marketplace for certi- fied producers to conduct business. There are approxi- mately 2,700 certified producers and 700 CFMs in Cali- fornia. In addition, these statutes and regulations are in- tended to promote consumer confidence in the direct marketing industry by ensuring that selling activities at CFMs are conducted without fraud, deception, or misrepresentation.

On January 1, 2015, Assembly Bill (AB) 1871 (Dick- inson) (Chapter 579, Statutes of 2014) was enacted. This measure modified several sections of the FAC re- lated to direct marketing/CFMs. Specifically, responsi- bilities and requirements for operators, producers, county agricultural commissioners, and the Depart- ment were expanded. These changes bring the need for regulatory action to align existing regulations with the newly enacted statutes. This action provides the following:  Clarification and revision of the intent of the Direct Marketing

Article in order to align with recent statutory changes.  Changes to the authorization of direct marketing to align with new terminology included within recently adopted statutes.  Amendments to several

definitions within the Direct Marketing

Article to provide clarity to the

definitions and reflect recent statutory changes.  Revisions to the conditions of direct marketing to reflect changes in statute and to provide for effective administration and enforcement of direct marketing statutes and mandates.  Amendments to administrative civil penalties and appeal procedures for direct marketing to align with recent statutory changes, and to promote uniform enforcement of direct marketing/CFM statutes and regulations throughout the state. 1641

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z  Amendments to producer certification procedures to ensure certificates contain uniform information and to allow county agricultural commissioner’s flexibility in the way certified producer certificates are validated.  Amendments to CFM certification requirements to ensure certificates contain uniform information. Benefits of the Proposed Action: This proposed regu- latory action will assist in clarifying and making specif- ic the responsibilities and requirements of CFM opera- tors, producers, county agricultural commissioners, and the Department.

This will ensure that county agri- cultural commissioners and the Department conduct enforcement and investigate claims of fraudulent activ- ities at CFMs in a collaborative and seamless manner. The benefits of this proposed regulatory action include increased consumer confidence, the promotion of a fair and equitable marketplace for certified producers and market operators, and greater collaboration among state and county partners. This regulatory action is intended to protect and promote the direct marketing/CFM industry.

CONSISTENCY EV ALUATION The Department has determined that this proposed regulatory action is not inconsistent with existing regu- lations. 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 CFMs. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: Cost impacts on a representative private per- son or business: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action. This is more consistent with the Administrative Procedure Act (APA) language of Gov. Code

sec. 11346.5(a)(9). RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Department concludes that it is: (1) likely that the proposal will not create or eliminate jobs and not elimi- nate existing business; (2) likely that this proposal will not create new business or expand current business op- portunities; (3) likely that this proposal will not elimi- nate jobs; (4) also likely that enhanced enforcement ac- tivities will protect consumers and the industry, and as- sure that consumers are purchasing produce direct from the farm.

Finally, this proposed rulemaking will have no impact on the general public and protection of public health and safety. Significant effect on housing costs: None. SMALL BUSINESS DETERMINATION The Department has initially determined that the pro- posed changes to the regulations would have no signifi- cant impact directly affecting small businesses. These regulations do not require any additional costs or out- puts for small businesses. These regulations do not es- tablish any new limitations on small businesses.

All CFMs and vendors would be operating under the same regulatory structure with regards to the regulatory changes. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: 1642

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Maria Tenorio, Agriculture Program Supervisor II Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900−5030; Fax: (916) 900−5345 The backup contact person for these inquiries is: Jennifer Leidolf, Agriculture Program Supervisor I Inspection and Compliance Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 206−3225; Fax: (916) 900−5345 Please direct requests for copies of the proposed text of the regulations, the initial statement of reason, the modified text of the regulation, if any, or other informa- tion upon which the rulemaking is based to Maria Teno- rio at the above address.

A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at: 2800 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833. As of the date this notice is published in the Notice Register, the rule- making file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. Copies may be obtained by contacting Maria Tenorio at the address or phone number listed previously.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed reg- ulations substantially as described in this notice. If the Department makes modifications, which are sufficient- ly 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 De- partment adopts the regulations as revised. Please send requests for copies of any modified regulations to the at- tention of Maria Tenorio at the address listed above.

The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Maria Tenorio at the address listed previously. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tions in underline and strikeout can be accessed through the Department’s website at: http://www.cdfa.ca. gov/ is/Regulations.html TITLE 8.

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Subject: Pressure Vessel Fees Division 1. Department of Industrial Relations

Chapter 3.2. California Occupational Safety and Health Regulations Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 5. Boiler and Tank Permit and Inspection Fee

Schedule

Section 344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks

Section 344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.), and Boiler Inspection Fees.

Section 344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate. The Department of Industrial Relations, Division of Occupational Safety and Health (“the Division”) is proposing to permanently amend sections 344, 344.1 and 344.2 of title 8 of the California Code of Regula- tions 1 to take the action described in the Informative Digest/Policy Statement Overview (hereinafter “the Proposed Rulemaking”), which includes increasing most pressure vessel−related inspection and permitting fees from their pre−emergency regulation amount.

The Proposed Rulemaking was adopted by the Division as emergency regulations, pursuant to Labor Code, sec- tion 7721, subdivision (e), effective November 15, 2018. The purpose of the Proposed Rulemaking is to codify the emergency regulations as regular, non− emergency regulations after considering all public comments and recommendations. 1 Unless otherwise specified, all references are to sections of the California Code of Regulations, title 8. 1643

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z PUBLIC HEARING The Division will hold a hearing to receive public comments on the Proposed Rulemaking on: Friday, January 24, 2020 10:00 a.m. to 3:00 p.m., with a noon recess Elihu Harris State Building, 2nd Floor, Room 1 1515 Clay Street, Oakland, California, 94612 At the hearing, any person interested may present statements or arguments, orally or in writing, relevant to the Proposed Rulemaking. The Division requests, but does not require, that any persons who make oral com- ments at the hearing also provide a written copy of their comments.

Equal weight will be accorded to oral com- ments and written comments. Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or at 3:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon session will be held. The State Office Building and its Auditorium are ac- cessible to persons with mobility impairments.

Alter- nate formats, assistive listening systems, sign language interpreters, or other types of reasonable accommoda- tions to facilitate effective communication for persons with disabilities are available upon request. Please con- tact the Statewide Disability Accommodation Coordi- nator at 1−866−326−1616 (toll free), or through the Cal- ifornia Relay Service by dialing 711 or 1−800−735−2929 (TTY/English) or 1−800−855−3000 (TTY/Spanish) as soon as possible to request assis- tance. Accommodation requests should be made as soon as possible.

Requests for an assistive−listening system or communication access real−time translation should be made no later than five (5) days before the hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the Proposed Rulemaking by mail or personal delivery to: Division of Occupational Safety and Health, Legal Unit Pressure Vessel Fees Comments Attn: Denise M. Cardoso, Staff Counsel 1515 Clay Street, Suite 1901 Oakland, CA 94612 Written comments also may be sent to Denise M. Car- doso via e−mail to dcardoso@dir.ca.gov.

Please put the words “Pressure Vessel Fees Comment” in the subject line of your e−mail for ease of reference. To be considered, written comments must be received by the Division at its office not later than 11:59 p.m. on January 24, 2020, or must be received by the Division at the hearing. The official record of the rulemaking proceeding will be closed at 11:59 p.m. on January 24, 2020. The Division will consider only comments re- ceived by that time.

The Division may thereafter adopt the Proposed Rulemaking substantially as described below or may modify it if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified pro- posal will be available for 15 days prior to its adoption from the persons designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to the Proposed Rule- making or who have requested notification of any pro- posed changes.

AUTHORITY AND REFERENCE Labor Code sections 59, 60.5, subdivision (c), and 7721 authorize the Division to adopt regulations gov- erning the assessment of fees for inspections performed by Division safety engineers for shop, field, and resale inspection of tanks and boilers and for the issuance of permits for the operation of such pressurized tanks, ves- sels and boilers. The Proposed Rulemaking imple- ments, interprets and makes specific

section 7721 of the Labor Code governing the assessment of such fees.

Section 344, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7721, 7725 and 7728, Labor Code.

Section 344.1, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7680, 7681, 7682, 7683, 7721 and 7728, Labor Code.

Section 344.2, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721 and 7728, Labor Code. Reference: Sections 7650, 7654, 7680, 7683, 7721 and 7728, Labor Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Proposed Rulemaking permanently amends sec- tions 344, 344.1 and 344.2 as described below, thereby codifying the emergency regulation that became effec- tive November 15, 2018. 1644

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z A. EXISTING LAWS RELATED TO PROPOSED RULEMAKING Labor Code sections 60.5 and 6308 provide that the Division is charged with the administration and en- forcement of the provisions of the California Occupa- tional Safety and Health Act, commencing with Labor Code

section 6300, as well as other provisions of law af- fecting the health and safety of employees in the State of California. The Division is responsible for enforcing the provisions of Labor Code sections 7620 through 7771, which comprise

Part 6 of Division 5 of the Labor Code and govern the use of tanks and boilers in Califor- nia that are not specifically exempted by Labor Code sections 7624 and 7625. 2 Tank is defined as “any un- fired pressure vessel used for storage of air pressure or liquefied petroleum gases and any unfired pressure ves- sel built according to the rules of any nationally recog- nized pressure vessel code.” (Lab. Code,

section 7622.) Boiler is defined as “any fired or unfired pressure vessel used to generate steam pressure by the application of heat.” (Lab. Code,

section 7621.) The Division’s Pressure Vessel Unit enforces the pressure vessel, tank and boiler safety standards through shop, field, and resale inspections, tank and boiler inspections, and the issuance of permits to oper- ate. (Cal. Code Regs., tit. 8, sections 344, 344.1, and 344.2.) Shop inspection is defined as “the inspection and testing of tanks or boilers, manufactured, or in the process of manufacture, repair, or alteration, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured.” (Lab. Code,

section 7725, subd. (c).) Field inspection is defined as “the in- spection and testing of installed tanks or boilers or both tanks and boilers, regardless of location.” (Lab. Code,

section 7725, subd. (d).) Resale inspection is defined as “the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contem- 2 Exempted tanks are (

a) those under the jurisdiction or inspec- tion of the federal government, (

b) air pressure tanks used in household domestic services, (

c) tanks of 1 1/2 cubic feet or less not subject to a pressure of more than 150 pounds per square inch, (

d) air pressure tanks supplied with air by the same air compressor which supplies air for the brakes of any motor vehicle or street car under the jurisdiction of the federal Department of Transportation or the California Highway Patrol, and (

e) tanks not subject to an internal or external pressure or [of] more than 15 pounds per square inch, irrespective of size. (Lab. Code, sections 7624.) Ex- empted steam boilers are (

a) those under the jurisdiction or in- spection of the federal government, boilers operated by employ- ers not subject to Division 4 of the Labor Code (sections 3201 et seq.), (

b) boilers on which pressure does not exceed 15 pounds per square inch, and (

c) boilers on automobiles and road motor vehi- cles. (Lab. Code,

section 7625.) plates the purchase thereof.” (Lab. Code,

section 7725, subd. (e).) No tank or boiler shall be operated unless a permit for its operation has been issued by, or on behalf of, the Di- vision. (Lab. Code,

section 7680.) The Division’s Pres- sure Vessel Unit conducts regular inspections of such equipment prior to issuing a permit to operate air tanks, liquefied petroleum gas (L.P.G.) tanks and boilers. (Lab. Code, sections 7681−7683.) Certified inspectors who are certified by the Division and employed by a county, city, insurer or employer to inspect the employ- er’s tanks and boilers also may perform such inspec- tions. (Lab. Code,

section 7650.) The Division is re- sponsible for issuing permits to operate tanks and boil- ers based on inspection reports received from qualified safety engineers and certified inspectors showing com- pliance with all applicable statutes and regulations. (Lab. Code, sections 7680−7683.) Generally, permits for unfired L.P.G. tanks are valid for 3 years and other unfired air tanks are valid for 5 years. (Cal. Code Regs., tit. 8,

section 462, subd. (a). and 470.) Permits for fired boilers are valid generally for 12 months, except for specified petroleum, chemical and power generating facilities that may obtain permits for longer periods after meeting specified conditions. (Cal. Code Regs., tit. 8, sections 770−771.) The owner/operator of a tank or boiler may request the Division to inspect and issue a permit to operate the equipment, or may have the inspection performed by one of the certified inspectors listed in Labor Code sec- tion 7650.

The Division is authorized to charge fees for conducting inspections, providing consultations, con- ducting surveys, audits and other activities required or related to meeting national standards for safe design and construction of tanks and boilers, and for process- ing permit applications, and for field consultations. (Lab. Code,

section 7721.) Whenever the inspection to operate a pressurized air tank, L.P.G. or boiler is per- formed by a certified inspector at a private, non− governmental businesses, the Division may charge a fee to review the inspection report and issue a permit to op- erate (Lab. Code,

section 7721, subd. (b).) Labor Code

section 7721 authorizes the Division to fix collect fees for shop, field, and resale inspections, the permitting of tanks and boilers, and other services rendered. All fees promulgated under sections 7720 through 7728 must cover the Division’s costs in per- forming its statutory duties, including administrative costs. Effective November 15, 2018, sections 344, 344.1, and 344.2 were amended via emergency rulemaking as described below under the

section titled “Proposed Amendments to Existing Regulations.” The emergency 1645

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z regulations currently in effect made the following amendments:

Section 344: increased the hourly inspection rate from $135.00 to $150.00, and deleted subsections (a)(1), (b)(1), (b)(2) and (b)(3);

Section 344.1 : decreased the hourly fee amount charged for field permit inspections from $160.00 to $150.00, deleted subsection (a)(1), separated subsection (

a) into subsections (a), (

b) and (c), and changed subsection (

b) to subsection (d); and

Section 344.2: increased the permit to operate fee from $15.00 to $45.00, and deleted superfluous language under subsections (a), (

b) and (c). The Proposed Rulemaking would codify the emer- gency regulations as regular, non−emergency regula- tions. The Proposed Rulemaking seeks to adopt these amendments on a permanent basis. PROPOSED AMENDMENTS TO EXISTING REGULATIONS PRIOR TO NOVEMBER 15, 2018 EMERGENCY REGULATIONS

Section 344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks. Purpose. The purpose for the Proposed Rulemaking is to permanently increase the hourly fee under subsec- tion (

a) from $135.00 to $150.00.

Section 344 applies to all shop inspections, field erection and resale inspec- tions, consultations, surveys, audits, and other reviews and activities required or related to American Society of Mechanical Engineers (ASME) Code or other national standards concerning the design of boilers or pressure vessels or for evaluating a fabricator’s plant facilities when requested by entities desiring these services.

Sec- tion 344 sets out the hourly inspection fee amounts, rules governing how inspection and travel time is charged, conditions under which a penalty for late pay- ment of fees may be assessed and the penalty amount, and the basis and amount for expenses to be charged by the Division when Division inspectors are requested to inspect pressure vessels, tanks, boilers, parts of tanks and boilers and nuclear components. The Proposed Rulemaking makes the following changes to

section 344: Title. The Proposed Rulemaking would permanently amend the title of

section 344 from “Shop and Resale Inspection Fee Consultation and Audit Fees, Boilers and Tanks” to “Shop, Field and Resale Inspection Pro- gram Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently increase the hourly rate for services ren- dered by the Division under subsection (

a) from $135.00 to $150.00 per hour. In addition, the Proposed Rulemaking would permanently delete the heightened fee for inspections requested to be conducted after 5 p.m. on Monday through Friday, and at any hour on Saturday, Sunday or on any State holiday because the Division anticipates that the combined proposed fee modifications to sections 344, 344.1 and 344.2 will achieve full cost recovery of the pressure vessel pro- gram. The Division included all expenditures when cal- culating the proposed fee modifications.

The Proposed Rulemaking also would permanently (1) delete the terms “or any part thereof” after the hourly fee amount, and insert at the end of the subsection the sentence, “Time shall be billed in quarter−hour incre- ments, rounded up to the nearest quarter hour” for clari- ty; (2) insert the terms “all work performed in connec- tion with” before the terms “all shop, field erection and resale inspections . . .” to clarify that the fee applies to all work related to the services specified therein, includ- ing, for example, travel and research; and (3) insert the term “and” between the terms “boilers, and nuclear” for clarity.

Subsection (a)(1). The Proposed Rulemaking would permanently delete subsection (a)(1) because the com- bined proposed fee modifications to sections 344, 344.1 and 344.2 stand to achieve full cost recovery to the pres- sure vessel program. The proposed modified fees incor- porate travel time as an expenditure. Subsection (b). The Proposed Rulemaking would permanently (1) change “qualified engineers” to “a qualified safety engineer employed by the division” to ensure consistency with Labor Code,

section 7650; and (2) delete the last sentence, and combine the content therein into the first sentence for brevity and clarity. Subsections (c), (c)(1), (c)(2), & (c)(3). The Proposed Rulemaking would permanently delete subsections (c), (c)(1), (c)(2), and (c)(3) because the proposed fee modi- fications incorporate the expenses addressed therein and render these subsections unnecessary. Note: Authority cited. Permanently include a refer- ence to Labor Code

section 7728 under “Note: Authori- ty cited” because that statute vests the Division with the authority to charge a penalty for late payment of fees. Reference. Permanently insert under “Reference” Labor Code sections: (1) 7650 because it defines the term “qualified safety engineer” referenced in

section 344; and (2) 7725 because it defines the terms “shop in- spection,” “field inspection,” and “resale inspection” referenced in

section 344. Necessity. The Division determined that the hourly inspection amount needs to be increased from $135.00 to $150.00 to enable the Division to meet the costs it in- curs in performing the services described in

Part 6, Di- vision 5, of the Labor Code as part of the safety inspec- tions it provides to private sector owners and operators of such equipment. (See Appendix A.) The Division’s 1646

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z inspection and permit system protects the public and lo- cal workers and employers from possible death and se- rious injury or illness, and protects local businesses and local government from economic disruption and the use of emergency rescue and police services that would re- sult from an explosion or uncontrolled leak of hot, toxic or otherwise harmful contents in pressure vessels, tanks and boilers.

By having sufficient fee revenue to meet the Division’s costs of conducting these inspection and permit services, the Division will be able to continue protecting the safety and health of the public, the safety and health of employees working in the vicinity of pres- sure vessels, tanks and boilers and the uninterrupted commerce of businesses and government operating near such equipment. Authority and Reference Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Labor Code

section 60.5, subdivision (

b) provides that the Division of Occupational Safety and Health succeeds to and is vested with all of the powers duties, purposes, responsibility, and jurisdiction of the Divi- sion of Industrial Safety. Labor Code

section 6308, subdivision (

a) provides that in enforcing occupational safety and health stan- dards and orders and special orders, the Division may: [d]eclare and prescribe what safety devices, safeguards, or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. Labor Code

section 7721, subdivision (

a) expressly provides: The division shall fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other activities required or related to national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator’s plant facilities when these services are requested of the division by entities desiring these services. The division shall fix and collect the fees for the inspection of pressure vessels by a division safety engineer.

The division may charge an additional fee for necessary subsequent inspections to determine if applicable safety orders have been complied with. Labor Code

section 7721, subdivision (

b) provides that “[t]he division shall charge a fee for processing a permit.” Labor Code

section 7721, subdivision (

c) provides that “[t]he division shall fix and collect fees for field consultations regarding pressure vessels.” Labor Code

section 7721, subdivision (

d) provides that “[w]henever a person owning or having the cus- tody, management, or operation of a pressure vessel fails to pay the fees required under this

chapter within 60 days after notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee.” Labor Code

section 7721, subdivision (

e) provides that the fees authorized under Labor Code

section 7721 “shall be in amounts sufficient to cover the direct and indirect costs of the division for administering” the Di- vision’s pressure vessel program, and be embodied in regulations. Labor Code

section 7722 requires the division to “es- tablish criteria upon which fee charges are based . . .,” and to deposit such fees collected in the Pressure Vessel Account, which shall be created and used for the admin- istration of the division pressure vessel safety program. Labor Code 7728 provides: Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this

chapter within 60 days after notification, said owner or user shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification. Reference: Sections 7650, 7721, 7725 and 7728, La- bor Code. Labor Code

section 7650 states that required inspec- tions “shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however, that shop inspections shall be made by the division, acting through its qualified safety engi- neers when request therefor is made by any manufactur- er of tanks or boilers.” Subdivision (

b) of

section 7650 defines a “qualified safety engineer” as “one who is qualified to make inspections or examinations of boil- ers or tanks according to the rules under which the ves- sel is constructed” and provides that “[s]uch qualifica- tion is to be determined by a written examination pre- scribed by the division.” Labor Code

section 7725, subdivision (

a) defines “small tank” to mean “any tank 1,200 gallons water ca- pacity or less”; subdivision (

b) defines “large tank” to mean “any tank of more than 1,200 gallons water capac- ity”; subdivision (

c) defines “shop inspection” to mean “the inspection and testing of tanks or boilers, manufac- tured, or in the process of manufacture, repair, or alter- ation, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured”; subdivision (

d) defines “field inspection” to mean “the inspection and testing of installed tanks or boilers or both tanks and 1647

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z boilers, regardless of location”; subdivision (

e) defines “resale inspection” to mean “the inspection of boilers or tanks in the possession of a dealer or vendor at the re- quest of a user who contemplates the purchase thereof.” As explained above, Labor Code sections 7721 and 7728 enumerate the various fees the division may fix and collect related to its inspection of pressure vessels, tanks and boilers.

Section 344, 344.1 and 344.2 of title 8 of the California Code of Regulations are regulations that interpret, make specific and implement the provi- sions of these statutes.

Section 344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.) Tank, and Boiler Inspection Fees. Purpose. The purpose of the Proposed Rulemaking is to permanently decrease the hourly fee under subsec- tion (

a) from $160.00 to $150.00.

Section 344.1 applies to the hourly fee charged by the Division, including specified travel time, and penalties for late payment, for field permit inspections of air tanks, liquefied petrole- um gas (L.P.G.) tanks and boilers performed by its qual- ified safety engineers when requested by the owner or operator of such equipment. The Proposed Rulemaking makes the following changes to

section 344.1: Title. The Proposed Rulemaking would permanently amend the title of

section 344.1 from “Air Tank, Lique- fied Petroleum Gas (L.P.G.), and Boiler Inspection Fees” to “Air Tank, Liquefied Petroleum Gas (L.P.G.) Tank, and Boiler Permit Inspection Program Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently decrease the hourly rate for services ren- dered by the Division under subsection (

a) from $160.00 to $150.00 per hour. The proposed decrease would make the hourly fee under

section 344.1 consis- tent with the proposed hourly fee under

section 344. In addition, the Proposed Rulemaking would perma- nently (1) break subsection (

a) into three subsections ti- tled (a), (b), and (c); (2) delete the reference to travel time because anticipated travel expenditures were cal- culated into the proposed fee modifications; (3) replace the text reading, “for field permit inspection of air tanks, L.P.G. tanks, and boilers by qualified safety engi- neers employed by the division” with the following text, “for all field, resale and alteration permit inspec- tions of air tanks, liquefied petroleum gas (L.P.G.) tanks, and boilers performed by a qualified safety engi- neers employed by the division” for clarity; (4) insert the terms “all work performed in connection with all” before the terms “field, resale and alteration permit in- spection . . .” to clarify that the fee applies to all work related to the services specified therein, including, for example, travel and research; and (5) delete the terms “or any part thereof’ after the hourly fee amount, and in- sert at the end of the subsection the sentence, “Time shall be billed in quarter−hour increments, rounded up to the nearest quarter hour” for clarity.

New subsection (b).

The Proposed Rulemaking would permanently (1) insert the $150 proposed fee amount and rephrase the sentence structure for clarity; (2) replace the term “subsequent” with “all follow−up” for clarity and consistency with new subsection (c); (3) delete the term “consultation” and specify the stated fee only applies to follow−up inspections where safety re- quirements have not been complied with within 15 days of the date shown on the preliminary order; (4) insert the terms “all work performed in connection with” before “all follow−up inspections” to clarify that the fee ap- plies to all work related to the services specified therein, including, for example, travel and research; and (5) in- sert at the end of the subsection the sentence, “Time shall be billed in quarter−hour increments, rounded up to the nearest quarter hour” for clarity.

New subsection (c). The Proposed Rulemaking would permanently remove the capitalization from words for consistency with the balance of the regula- tions, and insert the terms “is” and “of such compli- ance” for clarity. Subsection (a)(1). The Proposed Rulemaking would permanently delete subsection (a)(1) because the com- bined proposed fee modifications to sections 344 to 344.2 stand to achieve full cost recovery to the program. The proposed modified fees incorporate travel time as an expenditure. Subsection (b). The Proposed Rulemaking would permanently renumber subsection (

b) to new subsec- tion (

d) and rephrase the sentence structure for clarity and consistency with the balance of the regulation. Note: Authority cited. Permanently insert under “Note: Authority cited”

section 7728 because it vests the Division with the authority to charge a penalty for late payment. Reference. Permanently insert under “Reference” Labor Code sections: (1) 7650 because it defines the term “qualified safety engineer” referenced in

section 344.1; (2) 7680 because it sets forth the permit mandate referenced in

section 344.1; (3) 7681 because it sets forth the permit inspection of tanks mandate referenced in

section 344.1; (4) 7682 because it sets forth the per- mit inspection of boilers mandate referenced in

section 344.1; and (5) 7683 because it sets forth the permit re- quirements and specifications referenced in

section 344.1. Necessity. The Division anticipates that the com- bined proposed fee modifications to sections 344, 344.1 and 344.2 stand to achieve full cost recovery to the pres- sure vessel program as set forth in Appendix A. Further, 1648

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z the proposed decrease is necessary to make the hourly fee under

section 344.1 consistent with the proposed hourly fee under

section 344 for ease of administration. Authority and Reference Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7680, 7681, 7682, 7683, 7721 and 7728, Labor Code. The reasons explained above under the Authority and Reference for

section 344 with respect to Labor Code, sections 60.5, 6308, 7650, 7721, 7722, and 7728 apply equally to

section 344.1. Labor Code

section 7680 states “[n]o tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division.” Labor Code

section 7681, subdivision (

a) requires the Division to “inspect or cause to be inspected each in- stalled tank at least every five years” except for those tanks expressly exempted under subdivision (b). Subdi- vision (

b) exempts from inspection: Any air pressure tank which contains 25 cubic feet or less and is not subject to pressure of more than 150 pounds per square inch and any liquefied petroleum gas tank used for storage, except a tank used for dispensing purposes as part of a dispensing unit, which contains 575 gallons or less shall be inspected or caused to be inspected by the division when the tank is initially placed into service if the tank is constructed, inspected and stamped in compliance with the American Society of Mechanical Engineers (ASME) Code, or the design, material, and construction of the tank is approved by the division as equivalent to the ASME Code. Labor Code

section 7682 requires the Division to “in- spect or cause to be inspected each installed fired boiler internally and externally at least every year” but allows the Division to “grant extensions to permit the interval between internal inspections to be increased to a maxi- mum interval of 36 months where operating experience and design of the boiler has demonstrated to the satis- faction of the division that equivalent safety will be maintained.” For other classes of boilers,

section 7682 requires the Division to “establish internal inspection intervals which will ensure the safety of people working in the vicinity of the boiler,” while considering factors such as the design and construction of the boilers and the conditions under which they operate.

Section 7682 also requires eternal inspections of all boilers at the time of the internal inspection and at any other intervals deemed necessary by the Division. Labor Code

section 7683, subdivision (

a) provides that if a tank or boiler is found to be in a safe condition of operation, the Division shall issue a permit for its operation. Permits for tanks not specified in subdivision (

b) of

section 7681 expire after five years unless otherwise ex- empted. (Lab. Code,

section 7683, subd. (b).) Permits for tanks specified in subdivision (

b) of Sec- tion 7681 remain in effect as long as the tank is in com- pliance with the law; however, a “new inspection and permit for operation shall be required whenever there is a change in ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank’s safety.” (Lab. Code,

section 7683, subd. (c).) Permits for boilers shall remain in effect for a period not longer than one year. (Lab. Code,

section 7683, subd. (d).)

Section 344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate. Purpose. The purpose for the Proposed Rulemaking is to permanently increase the permit fee under subsec- tion (

b) from $15.00 to $45.00.

Section 344.2 applies to the permitting fee charged by the Division to cover the cost of processing each permit to operate, and penalties for late payment. The Proposed Rulemaking makes the following changes to

section 344.2: Title. The Proposed Rulemaking would permanently amend the title from “Boiler, Tank and Resale Inspec- tion Reports, and Permits to Operate” to “Air Tank, Liq- uefied Petroleum Gas (L.P.G.) Tank, and Boiler Permit to Operate Program Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently delete the text appearing after the term “di- vision” under subsection (

a) to clarify that permits to operate must be issued by or in behalf of the Division pursuant to Labor Code

section 7680. Subsection (b). The Proposed Rulemaking would permanently increase the permit fee under subsection (

b) from $15.00 to $45.00. In addition, the Proposed Rulemaking would rephrase the sentence structure for brevity and clarity. Subsection (c). The Proposed Rulemaking would permanently rephrase the sentence structure for clarity, and replace the term “L.P.G.” with “liquefied petroleum gas (L.P.G.).” Note: Authority cited. Permanently insert under “Note: Authority cited” Labor Code sections: (1) 60.5 because it vests the Division with the authority to imple- ment, interpret and makes specific sections 7680 et seq. relating to the permitting of tanks and boilers; and (2) 7728 because it vests the Division with the authority to charge a penalty for late payment. 1649

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Reference. Permanently insert under “Reference” Labor Code sections (1) 7683 because it sets forth the permit requirements and specifications referenced in

section 344.2; and (2) 7728 because it sets forth the late payment penalty mandate referenced in

section 344.2. Necessity. The Division determined that it must per- manently increase its permit fee under subsection (

b) from $15.00 to $45.00 to enable the Division to meet its expenses and costs for conducting the inspection and permit services described in

Part 6, Division 5, of the Labor Code for the pressure vessel, boiler and tank safe- ty inspections performed for private sector owners and operators of such equipment. (See Appendix A.) As dis- cussed above, the proposed amendment is necessary to allow the Division to adequately fund its Pressure Ves- sel Unit’s operations and meet its objective of ensuring occupational and public safety. Authority and Reference Authority cited: Sections 60.5, 6308, 7721 and 7728, Labor Code. Reference: Sections 7650, 7654, 7680, 7683, 7721 and 7728, Labor Code. The reasons explained above under the Authority and Reference for

section 344 and 344.1 with respect to La- bor Code,

section 60.5, 6308, 7650, 7680, 7683, 7721, and 7728 apply equally to

section 344.2. Labor Code

section 7654 requires certified inspector to (1) forward a report of his or her inspection, on pre- scribed forms, to the Division within twenty−one (21) days after each routine inspection; and (2) report to the Division within twenty−four (24) hours, by telegraph or telephone, serious conditions that would jeopardize the life, limb, or safety of employees discovered during his or her inspection. B. SUBSTANTIAL DIFFERENCE FROM EXISTING, COMPARABLE FEDERAL REGULATION OR ST ATUTE None. The Division has determined that there are no applicable governing federal regulations or statutes. C.

POLICY STATEMENT OVERVIEW The inspection of pressure vessels, tanks and boilers is necessary to (1) protect the lives, health and safety of the public and of employees working in the vicinity of such equipment; (2) avoid business disruption from any equipment−related explosions; and (3) protect the envi- ronment from contamination that could result from un- controlled emissions or spills of the materials, gases and substances stored in such pressure vessel, tanks and boilers.

The broad objective of the Proposed Rulemaking is to correct the Pressure Vessel Account’s deficit by in- creasing most pressure vessel−related inspection and permitting fees.

At the direction of the Department of Industrial Relations, the Division has evaluated the costs associated with administering its Pressure Vessel Unit, and determined that the Unit is expending signifi- cantly more money issuing permits, performing inspec- tions, and providing related services at private, non− governmental businesses than it recoups through the current fees it charges those businesses for permits, in- spections, and consultation. 3 The Proposed Rulemak- ing would allow the Division to cover the actual costs in having its qualified safety engineers provide on−site in- spection services for the private sector owners/ operators using pressure vessels, tanks and boilers in California which must be inspected prior to the issuance of a permit to operate.

Without the Proposed Rulemak- ing, the Division cannot adequately fund its Pressure Vessel Unit’s operations and cannot meet its objective of ensuring occupational and public safety. D. DETERMINATION OF INCONSISTENCY/ INCOMP ATIBILITY WITH EXISTING STATE REGULATIONS After conducting an evaluation for any regulations in this area, the Division has concluded that these are the only regulations concerning pressure vessel fees. The Proposed Rulemaking is neither inconsistent nor in- compatible with existing state regulations. OTHER APPLICABLE MA TTERS PRESCRIBED BY STATUTE None.

The Division has determined that there are no other matters prescribed by statute applicable to the Di- vision or to the regulations subject to the Proposed Rulemaking. MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS None. The Proposed Rulemaking does not impose a mandate on local agencies or school districts. The Divi- sion has determined that the Proposed Rulemaking does not impose a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with

section 17500) of Division 4 of the Government Code because the Proposed Rulemaking will not require local agen- cies or school districts to incur additional costs in com- plying with the proposal. The Division cannot charge local agencies and school districts fees for inspections and permits of tanks and boilers because there is no ex- press statutory authority allowing the Division to do so. (Gov. Code,

section 6103.) 3 Government Code

section 6103 prohibits the Division from charging fees for inspections or permits for pressure vessels and boilers owned or operated by public entities including the state or any city, county, district or other political subdivision. The costs associated with such inspections by the Division and permits is- sued to public entities have been funded through revenues re- ceived pursuant to Labor Code

section 62.5, subdivision (d). 1650

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Further, the Proposed Rulemaking does not consti- tute a “new program or higher level of service of an ex- isting program within the meaning of

section 6 of Arti- cle XIII B of the California Constitution.” The Califor- nia Supreme Court has established that a “program” within the meaning of

section 6 of

Article XIII of the California Constitution is one which carries out the governmental function of providing services to the pub- lic, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal. 3d 46.) The Proposed Rulemaking does not require any local agency to carry out the governmental function of providing services to the public.

FISCAL IMPACT STATEMENT: STATE AND LOCAL AGENCIES, SCHOOL DISTRICTS AND FEDERAL FUNDING Cost or savings to any state agency : The Proposed Rulemaking will result in the estimated added revenues to the Division of approximately $964,000.00 annually through fees collected from private businesses for the inspection of tanks and boilers. (See attached, Appen- dix A.) The Proposed Rulemaking will not result in costs to state agencies that require inspections and per- mits for pressurized tanks and boilers under the Labor Code, because there is no express statutory authority to charge state agencies such permit fees and therefore state agencies are statutorily exempt from such fees. (Gov.

Code,

section 6103.) Cost to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq: None. The Proposed Rulemaking will not result in costs to local agencies and school districts that require inspections and permits for pressurized tanks and boilers under the Labor Code, because there is no express statutory authority to charge public agencies such permit fees, and therefore local agencies and school districts are statutorily exempt from such fees. (Gov. Code,

section 6103.) Other nondiscretionary costs or savings imposed on local agencies: None. The Proposed Rulemaking does not impose non−discretionary costs on local agencies. Cost or savings in federal funding to the state: The Proposed Rulemaking will create neither costs nor sav- ings in federal funding to the State. FISCAL IMPACT STATEMENT: BUSINESS Although the Proposed Rulemaking will affect busi- nesses statewide, including small businesses, the Divi- sion concludes that the adverse economic impact in- cluding the ability of California business to compete with business in other states, will not be significant.

DECLARATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT The Division has made an initial determination that the Proposed Rulemaking will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in other states. The Division relied on the figures in Appendix A in reaching its initial determination.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES Private Person Impact: The Division is not aware of any cost impacts that a representative private person would necessarily incur in reasonable compliance with the Proposed Rulemaking. Indeed, a private person who does not own or operate a boiler, tank or pressure vessel subject to the Pressure Vessel Safety Orders would not experience a direct cost impact as a result of the Pro- posed Rulemaking.

Business Impact: The Division has determined that the Proposed Rulemaking will not have a significant statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in other states. The Proposed Rulemaking will affect the 26,674 owners and operators of pressure vessels, tanks and boilers in California; 86 percent which are small busi- nesses. Specifically, the Proposed Rulemaking will on- ly affect owners and operators of non−exempt pressure vessels, tanks and boilers by (1) increasing the hourly rate for all services under

section 344 by about 11 per- cent ($135/$150); (2) decreasing the hourly rate for all services under

section 344.1 by about 6 percent ($160/$150); and (3) tripling the permit fee under 344.2 from $15.00 to $45.00. The Division anticipates that the Proposed Rulemaking will result in an estimated cost increase of $829,000 for small businesses, and $135,000 for other businesses. (See Appendix A.) The Proposed Rulemaking applies to all non−exempt businesses operating pressure vessels, tanks and boilers in this state, and thus, is neutral in its treatment of Cali- fornia businesses compared to businesses from other states.

The Proposed Rulemaking does not require the purchase of new equipment or training or technology, so it will not involve “initial costs” as that term is com- monly understood. 1651

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Division does not anticipate the Proposed Rule- making will result in the creation or elimination of any jobs in the State of California. The Proposed Rulemak- ing will not affect the creation of new businesses or the elimination of existing business within the State of Cal- ifornia, and will not affect the expansion of businesses currently doing business within the state.

The Proposed Rulemaking, by funding the regulation of pressure vessels, tanks and boilers to ensure their safe operation, will (1) protect the lives, health and safety of the public and of employees working in the vicinity of pressure vessels, tanks, and boilers; (2) protect busi- nesses and local governments from economic disrup- tion and expense incurred for emergency rescue and po- lice services that would occur from an explosion or un- controlled leak of hot, toxic or otherwise harmful con- tents in pressure vessels, tanks and boilers; and (3) pro- tect the environment from contamination that could re- sult from uncontrolled emissions or spills of the materi- als, gases and substances stored in pressure vessels, tanks and boilers.

BUSINESS REPORT FINDING None. The Proposed Rulemaking does not require any person or business to submit a report. HOUSING COSTS The Division has made an initial determination that the Proposed Rulemaking will not have a significant ef- fect on housing costs.

CONSIDERATION OF ALTERNATIVES The Division must determine that no reasonable al- ternative considered by it, or that has been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

CONTACT PERSONS Non−substantive inquiries concerning this action, such as requests for copies of the text of the proposed amendments, and the location of public records, may be irected to Pamela Claros at (510) 286−7348 or claros@dir.ca.gov. Inquiries regarding the substance f the proposed amendments may be directed to Denise . Cardoso (primary contact) or Chris Grossgart (back- p contact) at (510) 286−7348 or at cgrossgart@dir. a.gov. DEADLINE TO SUBMIT WRITTEN COMMENT 11:59 p.m. on January 24, 2020, or comment must be eceived by the Division at the hearing.

The official ecord of the rulemaking proceeding will be closed at 1:59 p.m. on January 24, 2020. The Division will con- ider only comments received by that time. d p o M u c r r 1 s A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION/INTERNET ACCESS An Initial Statement of Reasons, the text of the Pro- posed Rulemaking, and other information upon which the Proposed Rulemaking is based, have been prepared and are available from the contact persons named in this Notice.

The Division will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at 1515 Clay Street, Suite 1901, Oakland, CA 94612. The Initial Statement of Reasons, this Notice of Proposed Rulemaking, and text of the Proposed Regulation also may be accessed through the agency’s Internet website at https://www.dir.ca.gov/ dosh/doshreg/Pressure−Vessel−Fees/. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Division may adopt the proposals substantially as described in this Notice.

If the Division 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 be- fore adopting the amendments as revised. Any such modifications also will be posted on the Division’s website. Please send requests for copies of any modified amendments to the attention of Pamela Claros at the above telephone number or e−mail address. The Divi- sion will accept written comments on the modified reg- ulations for 15 days after the date on which they are made available. 1652

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Pamela Claros at the above−referenced telephone number or e−mail address. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “Appeal Amendments, 2020” Title 14 of the California Code of Regulations (CCR) Division 1.5,

Chapter 10

Article 1,

Section 1647 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. All written comments must be received by the Board office via mail, facsimile, e−mail, or hand delivery no later than January 21, 2020.

Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9 th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989 Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca. gov.

The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days before the close of the written comment period. Any request should be made to the contact information provided above. AUTHORITY AND REFERENCE (pursuant to GOV

section 11346.5(a)(2) and 1 CCR

section 14) Authority cited:

Section 759, Public Resources Code. Reference: Sections 765, 768, 769, 770 and 774, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) The Professional Foresters Law (PFL) (Public Re- sources Code (PRC)

section 750, et seq.), declares the existence of a public interest in the management and treatment of the forest resources and timberlands of this state and provides for the regulation of persons who practice the profession of forestry and whose activities have an impact upon the ecology of forested landscapes and the quality of the forest environment.

Goals of such regulation are the enhancement of control of air and wa- ter pollution, the preservation of scenic beauty, the pro- tection of watersheds by flood and soil erosion control, the production and increased yield of natural resources, including timber, forage, wildlife, and water, and the provision of outdoor recreation, to meet the needs of the people. Pursuant to PRC

section 759, the Board is authorized to adopt rules and regulations as reasonably necessary to affect the provisions of the

article (the Professional Foresters Law), including the regulation and licensing (Registration) of persons who practice the profession of forestry and the procedures and processes surrounding that registration. Additionally within the PFL, an “examining commit- tee” is established within PRC

section 763, which is re- sponsible for the examination of “. . . all applicants for registration as professional foresters and specialty cer- tificates” (PRC

section 763(b)(1)) and to “[r]ecom- mend to the board applicants for the license of profes- sional forester and applicants for specialty certificates who fulfill the requirements of [the PFL]” (PRC

section 763(b)(2)). Within the statutory licensing scheme, any applicant who pursues licensing is required to complete “. . . such examination or examinations as are prescribed by the Board” (PRC

section 769). The Board of Forestry and 1653

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Fire Protection (Board) has adopted regulations for this examination process within

Article 3 of

Chapter 10 of Title 14 of the California Code of Regulations (14 CCR

section 1640 et seq.). PRC

section 765, an additional provision within the statutory framework for the licensing of professional foresters, requires that “[t]he examining committee shall adhere to the rules and regulations of the board. Any applicant for a license pursuant to this

article who contends that he has been aggrieved by any action taken by the examining committee with respect to his qualifi- cations may appeal to the board in accordance with rules or regulations prescribed by the board. The board on such appeal may administer an oral or written exami- nation to the applicant as an aid in determining whether the applicant is qualified under the terms of this article.” The Board has implemented this appeal process within regulation as 14 CCR

section 1647, which outlines the procedures and requirements for such an appeal. The problem is that, through evaluation and imple- mentation of the appeals process since the initial regula- tory adoption in 1989, the Board has identified issues of clarity within the regulations as well as opportunities to improve that clarity within the requirements and proce- dures of the Registered Professional Foresters (RPF) examination appeals process, and improve upon and modify the appeals process for both appellant appli- cants and the Board parties which administer the ap- peal.

Furthermore, the implementation of the appeal procedures is a costly component of administering the Professional Foresters Law, requiring both additional staff time for review and additional costs in grading, which are costs that are not covered in the initial fee for application or license renewal. The purpose of the proposed action is to improve the clarity of the regulations related to the RPF examination appeals process, as well as to improve upon the proce- dural requirements and elements of the process to allow for clearer, more efficient and effective appeals with re- gards to RPF applicants.

Additionally, the proposed ac- tion establishes a fee to administer that portion of the PFL which is related to the appeals process for exami- nation applicants. The effect of the proposed action is an improved reg- ulatory appeal procedure for RPF applicants which pro- vides additional clarity to both the applicant and those administering the appeals procedure, and which elimi- nates unnecessary and potentially burdensome aspects of the appeal procedure. The revised appeal procedure requires that all appeals regard an applicant’s qualifica- tions (as described within PRC

section 769), requires that an applicant provide the circumstances leading to the appeal and supporting documentation, and provides that the Board’s executive officer may administer an oral or written examination or re−grading in full or in− part of the examination to aid in determining whether the applicant has satisfied the qualifications as contest- ed. Additionally, the proposed action provides that the ultimate decision of the Board’s Executive Officer is fi- nal and binding. Furthermore, the proposed action es- tablishes a fee of $100 for an appeal for review in accor- dance with PRC

section 765. The benefit of the proposed action is an expedient, fair, and more transparent process for the appeal of qualifications of RPF applicants. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV sec- tion 11346.5(a)(3)(D). State regulations related to the proposed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consistency and compatibility of the proposed action with existing State regulations.

Otherwise, Board staff evaluated the balance of existing State regulations related to Regis- tered Professional Foresters and found no existing State regulations that met the same purpose as the proposed action. Based on this evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor incompatible with existing State regu- lations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared: PRC

section 765. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations. There are no comparable Federal regulations related to the licensing of Professional Foresters. No existing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV

section 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV

section 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. 1654

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z FISCAL IMPACT (pursuant to GOV

section 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency, but may provide up to $500 annually to the Professional Forester Registration Fund, per PRC

section 780. The proposed action represents a continua- tion of existing regulations related to processes and pro- cedures for the licensing of Professional Foresters. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. HOUSING COSTS (pursuant to GOV

section 11346.5(a)(12)) The proposed action will not affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV sections 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact or directly affect business. There will be no impact on the ability of Cali- fornia businesses to compete with businesses in other states as these regulations will not make it costlier to produce goods or services in California.

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV

section 11346.2(b)(5) and GOV

section 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating the implementation of the Professional Foresters Law that the Board brings to bear on regulatory development. STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV

section 11346.5(a)(10) and prepared pursuant to GOV

section 11346.3(b)(1)(A)−(D). The proposed action:  Will not create jobs within California (GOV

section 11346.3(b)(1)(A));  Will not eliminate jobs within California (GOV

section 11346.3(b)(1)(A));  Will not create new businesses (GOV

section 11346.3(b)(1)(B));  Will not eliminate existing businesses within California (GOV

section 11346.3(b)(1)(B));  Will not affect the expansion or contraction of businesses currently doing business within California (GOV

section 11346.3(b)(1)(C));  Will yield nonmonetary benefits (GOV

section 11346.3(b)(1)(D)). For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV

section 11346.5(a)(9)) The agency anticipates a cost impact of $100 that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. It is expected that a rough maximum of 5 indi- viduals will be subjected to this cost impact annually. 1655

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z BUSINESS REPORT (pursuant to GOV sections 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV

section 11342.610) Small businesses, within the meaning of GOV sec- tion 11342.610, are not expected to be affected by the proposed action. Small business, pursuant to 1 CCR

section 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May not incur a detriment from the enforcement of the regulation if they do not comply with the regulation. Pursuant to 1 CCR

section (b), the reason(

s) the, regu- lation affects small business are the same as provided in the Economic Impact Analysis in the Initial Statement of Reasons. ALTERNATIVES INFORMATION In accordance with GOV

section 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Mr. Hedge is not available is Matt Dias, Executive Officer for the Board of Forestry and Fire Protection. Mr. Dias may be contacted at the above address or phone.

A V AILABILITY STATEMENTS (pursuant to GOV

section 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2. Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV

section 11346.5(b)). 4. Changed or modified text. After considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board 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 Board adopts the regulations as revised.

Notice of the comment period on changed regulations, and the full text as modified, will be sent to any person who submitted comments during the public comment period, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request.

INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: https://bof.fire.ca.gov/regulations/proposed−rule− packages/. 1656

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “SOUTHERN SUBDISTRICT AND MARIN CO. STOCKING AMENDMENTS, 2020” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,

Chapter 4 Subchapter 4 Articles 3 & 13 Amend: Sections 913.8, 926.1, 926.8, 926.25, 927.9, 927.10, 927.16 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on January 22, 2020, at its regularly scheduled meeting commencing at 9:00 a.m., at the Natural Resources Building Auditori- um, 1416 9th Street, Sacramento, CA.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written sum- mary of their statements. Additionally, pursuant to Government Code (GOV)

section 11125.1(b) , writ- ings that are public records pursuant to GOV

section 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made available for public inspection at the meeting if pre- pared by the state body or a member of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on January 22, 2020 at the conclusion of the public hearing.

The Board will consider comments received at the Board office by that time and those comments received at the public hearing, including written comments sub- mitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who submit written comments to the Board ref- erence the title of the rulemaking proposal in their com- ments to facilitate review. Written comments shall be submitted to the following address: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O.

Box 944246 Sacramento, CA 94244−2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection Room 1506−14 1416 9 th Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653−0989. Written comments may also be delivered via e−mail at the following address: PublicComments@BOF.ca. gov. AUTHORITY AND REFERENCE (pursuant to GOV

section 11346.5(a)(2) and 1 CCR

section 14) Authority cited: Sections 4516.5, 4551, 4553, 4561, 4562.5, and 4561.6, Public Resources Code. Reference: Sections 4516.5, 4561, 4561.1, and 4562.5, Public Re- sources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) The Z’berg−Nejedly Forest Practice Act of 1973 (FPA) describes many of the broad forest management goals and policies of the state, including Public Re- sources Code (PRC)

section 4512(c), which states “The Legislature finds and declares that it is the policy of this state to encourage prudent and responsible forest re- source management calculated to serve the public’s need for timber and other forest products, while giving consideration to the public’s need for watershed protec- tion, fisheries and wildlife, sequestration of carbon dioxide, and recreational opportunities alike in this and future generations.” The FPA further describes the relationship between forest management and atmospheric sequestration of carbon dioxide through PRC

section 4512.5(d), which states “. . . there is increasing evidence that climate change has and will continue to stress forest ecosys- 1657

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z tems, which underscores the importance of proactively managing forests so that they can adapt to these stres- sors and remain a net sequesterer of carbon dioxide.” PRC

section 4551 describes the mechanism through which forest policy is implemented through the autho- rization of the Board of Forestry and Fire Protection (Board) to “. . . adopt district forest practice rules and regulations for each district in accordance with the poli- cies set forth in

Article 1 (commencing with

Section 4511) of this

chapter and pursuant to

Chapter 3.5 (com- mencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code to ensure the continu- ous growing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and wa- ter resources, including, but not limited to, streams, lakes, and estuaries.” The FPA further states, within PRC

section 4554.5, that “[those] rules and regulations shall be continuously reviewed and may be revised.” Southern Subdistrict Stocking Standards Included in the FPA is PRC

section 4561, which sets forth “resource conservation standards”, which are minimum standards intended to “. . . ensure that a cover of trees of commercial species, sufficient to utilize ade- quately the suitable and available growing space, is maintained or established after timber operations.” The

section goes on to outline various prescriptive standards for minimum tree occupancy required under described site−specific conditions. PRC

section 456.1.2 authorizes the Board to “. . . adopt alternative stocking standards that meet the purposes of

Section 4561 if those alternative standards reasonably address the variables in forest characteris- tics, achieve suitable resource conservation, and con- tribute to specific forest health and ecological goals as defined by the board.” In September of 2019, the Board defined such eco- logical goals and adopted alternative stocking stan- dards for the Northern, Southern, and Coast forest dis- tricts under the authority of PRC

section 4561.2 (Office of Administrative Law [OAL] Rulemaking Matter 2019−1003−01S). Those forest health and ecological goals, summarized below, were based on a review of the available and applicable literature on the subjects and were necessary in order to address the changes to forest conditions which have occurred since the initial cre- ation of the statutory minimum resource conservation standards.

The alternative stocking standards which were adopted to address those defined specific forest health and ecological goals, while addressing variabili- ty in forest characteristics and achieve suitable resource conservation. Those forest health and ecological goals, along with the rulemaking action which substantiated those goals and amended the regulatory minimum resources con- servation standards within 14 CCR sections 912.7, 932.7, and 952.7, further support the proposed action here. Additionally, within the FPA, PRC

section 4531 re- quires that Board “. . . divide the state into not less than three districts. In establishing these districts, the board shall take into account differing physical characteris- tics, including, but not limited to, climate, soil type, and principal forest crops. Insofar as possible, the board shall group together lands that have substantially simi- lar characteristics and that will best be served by sub- stantially similar regulations. Boundaries of such dis- tricts may be altered from time to time as the board de- termines is necessary.” The Board has defined these for- est districts within

Article 1 of Subchapter 3 of

Chapter 4 of Title 14 of the California Code of Regulations (CCR), and has further clarified additional “subdis- tricts”, which are subsets of those larger districts (14 CCR sections 895.1 and 909.1). Included within these subdistricts is the southern subdistrict of the coast forest district, and included with the regulatory provisions for this southern subdistrict are specific regulatory stock- ing standards to be met upon completion of timber operations.

Since the initial creation of the southern subdistrict specific regulatory stocking standards, several factors have significantly influenced forest health and manage- ment practices throughout the state. Since the initial adoption of these regulations, the socioecological goals of forest management have significantly expanded and have influenced forest stocking and planting proce- dures.

Issues surrounding atmospheric carbon seques- tration, the risk and threat of loss and damage from wildfires, growing forest pest conditions, ongoing and potentially long−term drought conditions, climate change, and forest heterogeneity and diversity all serve to influence forest management practices and will im- pact associated stocking and planting procedures.

The problem that the proposed action seeks to address is that current regulations do not address any of these changing conditions within the southern subdistrict of the coast forest district and do not provide for optimal stocking conditions in light of those conditions. The proposed action was developed in response to these changing ecological conditions and improved seedling survival rates.

This proposal will allow for new point count standards following timber operations within the entirety of the southern subdistrict of the coast forest district which are consistent with those of the larger coast forest district, of which the southern subdistrict is a part. The amendments seek to address the specific forest health and ecological goals identified by the Board and clarify how those goals will achieve suitable resource 1658

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z conservation.

The forest health and ecological goals identified by the Board include:  Increased carbon sequestration  Reduction in fire risk, fuels loading  Increased resilience to forest pests  Increased resilience to drought/increased water yield  Appropriate stocking for resilient forests in a changing climate  Avoidance of large−scale disturbances which promote homogeneity in forests Marin County Stocking Standards In addition to those regulations related to subdistricts, the Board has adopted certain county−specific forest practice regulations.

Included in these county rules are those specific to the county of Marin within 14 CCR sections 927 et seq. These Marin county regulations in- clude requirements for stocking within 14 CCR

section 927.10. The Marin county stocking standards were adopted by the Board in 1984 upon a recommendation from the county of Marin, pursuant to PRC

section 4516.5, which requires that the Board adopt such regu- latory recommendations, provided that those recom- mendations are consistent with the intent and purpose of the FPA, and are necessary to protect needs and con- ditions of the county making those recommendations. The problem is that, upon review of these regulations pursuant to PRC

section 4553 and in light of the Board’s determinations related to alternative stocking standards within OAL Rulemaking Matter Number 2019−1003−01S (described above), the Board has de- termined that the forest health and ecological goals which necessitated adoption of the alternative stocking standards are suitable and appropriate for application throughout the Coast Forest District, and the Marin county stocking standards are inconsistent with these goals. Eucalyptus Management The FPA requires, within PRC

section 4551.5, that the rules and regulations adopted by the Board under the authority of PRC

section 4551 “shall apply to the con- duct of timber operations . . .,” which is defined within PRC

section 4527 as meaning “. . . the cutting or re- moval, or both, of timber or other solid wood forest products . . . from timberlands for commercial purpos- es.” Timberlands are then further defined within PRC

section 4526 as meaning “. . . land, other than land owned by the federal government and land designated by the board as experimental forest land, which is avail- able for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district ba- sis.” The Board has determined and identified such commercial species within 14 CCR

section 895.1. Prior to 2013, the Board had identified Eucalyptus trees as a commercial species within the Coast and Southern Forest Districts, and in 1987, the Board adopt- ed regulations related specifically to the harvesting and of Eucalyptus within the Southern Subdistrict of the Coast Forest District in 14 CCR

section 913.8(d) (Board of Forestry and Fire Protection Rulemaking File Number 91). In 2013, however, the Board recognized that Eucalyptus has little to no commercial value in the state and that the Forest Practice Rules were not the ap- propriate or suitable vehicle to regulate its management or harvesting, or lack thereof. In light of this recogni- tion, the Board amended 14 CCR

section 895.1 to re- move Eucalyptus from the list of commercial species. The problem is that, while the Board removed Euca- lyptus from the list of commercial species, the provi- sions for evenaged silvicultural management of Euca- lyptus within 14 CCR

section 913.8(

d) were over- looked and are currently inconsistent with the Forest Practice Act and Rules. This inconsistency stems from the fact that, as non−commercial species, Eucalyptus is unable to statutory stocking standards, which require that “. . . a cover of trees of commercial species ...i s maintained or established after timber operations” (PRC

section 4561), or current regulatory stocking standards, which provide that “. . . [t]he resource con- servation standards of the Rules may be met with Group A and/or B commercial species” (14 CCR

section 912.7(d)). The propagation of Eucalyptus stands with evenaged silvicultural systems does not satisfy these provisions and its inclusion within 14 CCR

section 913.8 is an erroneous oversight within regulation. The purpose of the proposed action is: 1) To address the specific forest health and ecological goals identified by the Board to improve forest resilience to drought, fire, forest pests and diseases and increase carbon sequestration rates to defend against global climate change. This is accomplished by amending the point count minimums in the stocking standards of the Southern Subdistrict within 14 CCR

section 913.8 to a lower standard which is consistent with the Boards recent amendments to similar stocking standards for the larger coast forest district within 14 CCR

section 912.7. The proposed lower standards provided for suitable resource conservation by reducing competition between trees for the essential resources of sunlight, water and nutrients needed for photosynthesis, and eliminates the need for expensive pre−commercial thinning treatments and resulting fuel buildup that can contribute to wildfire risk and carbon release. 1659

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z Contemporary research indicates the following (see citation and source references below).  Less competition between trees at lower, more appropriate densities may result in lower mortality rates and hence faster net growth of trees that can sequester more carbon.  It is important to reduce the densities of smaller diameter trees, as they can be associated with high severity, large−scale fires that result in the vast majority of carbon storage loss and greenhouse gas emissions on forested land.  A reduction in overall forest density helps create forests which are less susceptible to forest pest and disease outbreaks, reducing the amount of forest carbon stored in the dead pool.  The current stocking standards encourage excess site occupancy in many areas, exacerbating conditions that can lead to extensive and severe wildfires that result in loss of life, structures, critical habitat and productive forestland.  The current stocking standards encourage excess site occupancy in many areas, helping create conditions that are susceptible to forest pest and disease outbreaks far beyond those associated with normal, cyclical outbreaks.  The current stocking standards encourage excess site occupancy in many areas, contributing to conditions that increase inter−tree competition for water, reduce tree vigor and limit forest−water yield.  The current stocking standards require retention of seedlings and trees at densities that will be unsustainable for future forests in a changing climate.

Effects of climate change on California forests include increased competition for water, longer fire seasons with more severe behavior, and greater susceptibility to insect and disease outbreaks.  Appropriately stocked forests are more resilient and resistant to a variety of stressors, which may help prevent large−scale, extreme disturbances that create large, homogenous patches of forest type, age and structure. 2) To standardize regulatory stocking standards throughout the entirety of the southern subdistrict, and to make the southern subdistrict point−count stocking standards consistent with those of the larger coast forest district which were adopted by the Board in September of 2019. 3) To eliminate erroneously remnant provisions of 14 CCR

section 913.8(

d) related to evenaged silvicultural management of Eucalyptus within the southern subdistrict. 4) To address clarity issues, where they exist, within the regulations.

The effect of the proposed action is to address those forest health and ecological goals as described within this document to provide for increased forest resilience and suitable resource conservation by adjusting point count standards for the southern subdistrict to a level that reduces competition between trees for the essential resources of sunlight, water and nutrients needed for photosynthesis and requisite for forest resilience to nat - ural stressors.

The proposed action would eliminate the need for expensive pre−commercial thinning treat- ments and the resulting fuel buildup created by such treatments which can contribute to wildfire risk and car- bon release. Implementation of the proposed action will help to increase rates of carbon sequestration and re- duce the long−term probabilities of large−scale wildfire that can result in homogeneous forest structure across the landscape by reducing tree mortality from drought, insect, and disease. The proposed action is consistent with the legislature’s findings and declaration in PRC

section 4512.5(

d) for “proactively managing forests so that they can adapt to these stressors and remain a net se- questerer of carbon dioxide.” The proposed action will also make point−count stocking standard requirements consistent throughout the entirety of the coast forest district, eliminate unnec- essary, outdated, and potentially confusing provisions related to the evenaged management of Eucalyptus within the southern subdistrict, and generally improve the clarity of the regulations. The benefit of the proposed action is to provide a mechanism pursuant to PRC

section 4512.5(

d) to proactively manage forest stocking, so that forests can adapt to these stressors and become more resilient while increasing rates of carbon sequestration to help offset climate change that contributes to these stressors. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV sec- tion 11346.5(a)(3)(D).

State regulations related to the proposed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consistency and compatibility of the proposed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regulations related to forest stocking requirements and county−specific forest regu- lation and found no existing State regulations that met the same purpose as the proposed action. Based on this 1660

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z evaluation and effort, the Board has determined that the proposed regulations are neither inconsistent nor in- compatible with existing State regulations. The pro- posed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared: 4551, 4561, 4561.2, and 4516.5, Public Resources Code. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor dupli- cates, Federal regulations.

There are no comparable Federal regulations related to minimum resource conservation standards. No exist- ing Federal regulations meeting the same purpose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV

section 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV

section 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV

section 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

Section 17500) of Division 4 of the Gov- ernment Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Govern- ment Code. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. The proposed action will not result in costs or savings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a continu- ation of existing forest practice regulations related to the minimum resource conservation standards. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies. HOUSING COSTS (pursuant to GOV

section 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV sections 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business. The proposed action will not impact the abili- ty of California businesses to compete with businesses in other states by making it costlier to produce goods or services in California or by any other means.

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV

section 11346.2(b)(5) and GOV

section 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating professional forestry in California that the Board brings to bear on regulatory development. STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV

section 11346.5(a)(10) and prepared pursuant to GOV

section 11346.3(b)(1)(A)−(D). The proposed action:  Will not create jobs within California (GOV

section 11346.3(b)(1)(A));  Will not eliminate jobs within California (GOV

section 11346.3(b)(1)(A));  Will not create new businesses (GOV

section 11346.3(b)(1)(B)); 1661

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z  Will not eliminate existing businesses within California (GOV

section 11346.3(b)(1)(B));  Will not affect the expansion or contraction of businesses currently doing business within California (GOV

section 11346.3(b)(1)(C));  Will yield nonmonetary benefits (GOV

section 11346.3(b)(1)(D)). For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV

section 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV sections 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement. SMALL BUSINESS (defined in GOV

section 11342.610) Small businesses, within the meaning of GOV sec- tion 11342.610, are not expected to be affected by the proposed action. Small business, pursuant to 1 CCR

section 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation. Pursuant to 1 CCR

section (b), the reason(

s) the regu- lation affects small business are the same as provided in the Economic Impact Analysis in the Initial Statement of Reasons. ALTERNATIVES INFORMATION In accordance with GOV

section 11346.5(a)(13), the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more ef- fective in carrying out the purpose for which the action is proposed, or would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the regula- tions, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the sub- stance of the proposed action may be directed to: Board of Forestry and Fire Protection Attn: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007 The designated backup person in the event Mr. Hedge is not available is Matt Dias, Executive Officer for the Board of Forestry and Fire Protection. Mr. Dias may be contacted at the above address or phone.

A V AILABILITY STATEMENTS (pursuant to GOV

section 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2. Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV

section 11346.5(b)). 4. Changed or modified text. After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board 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 Board adopts the regulations as revised. Notice of the 1662

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 49-Z comment period on changed regulations, and the full text as modified, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral comments received at the public hearing, or requested notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board website at: https://bof.fire.ca.gov/regulations/proposed−rule− packages/. TITLE 16.

MEDICAL BOARD OF CALIFORNIA Amend Title 16 California Code of Regulations Sections 1309, 1360, 1360.1 and 1360.2 Repeal Title 16 California Code of Regulations Sections 1379.68, 1379.70, 1379.72 NOTICE IS HEREBY GIVEN that the Medical Board of California (Board) is proposing to take the ac- tion described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

The Board will, however, hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the indi- viduals listed under Contact Person in this notice. COMMENT PERIOD Any person interested may present statements or ar- guments relevant to the action proposed in writing.

Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this notice, must be received by the Board at its office no later than January 20, 2020, or at the hear- ing, if applicable. A V AILABILITY OF MODIFICATIONS The Board may, after considering all timely and rele- vant comments, adopt the proposed regulations sub- stantially as described in this notice, or may modify the proposed regulations if such modifications are suffi- ciently related to the original text.

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

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, and 2018 of the Business and Professions Code (BPC), and to implement, interpret or make specific sections 141, 480, 481, 482, 488, and 493 of said code, the Board is considering amendments to sections 1309, 1360, 1360.1, and 1360.2, and is considering repealing sec- tions 1379.68, 1379.70, and 1379.72 of division 13 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST BPC

section 2018 authorizes the Board to adopt, amend, or repeal regulations as may be necessary to en- able it to carry into effect the provisions of law relating to the practice of medicine. Additionally, as required under Assembly Bill (AB) 2138 Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this proposal is to implement, interpret, and make specific the provi- sions of BPC sections 141,