REGISTER (Continued on next page) Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 48−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 30, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No.

Z2018−1115−01 .......................................... 2089 Amendment Multi−County: California Insurance Pool Authority Antelope Valley State Water Contractors Association Elisnore Valley Municipal Water District Northern California Cities Self−Insurance Fund Truckee Tahoe Airport Land Use Commission Tri−Dam Project/Power Authority Southern California Public Power Authority Access Services State Agency: Employment Development Department TITLE 2. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Conflict−of−Interest Code — Notice File No. Z2018−1116−02 .......................................... 2090 TITLE 5.

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION Regional Parent Advisory Council — Notice File No. Z2018−1116−01 ................................... 2091 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Telecommunication Safety Orders

Section 8615(g) — Fall Protection in Telecommunications — Notice File No. Z2018−1120−07 ................................................................. 2093 TITLE 16. BOARD OF BARBERING AND COSMETOLOGY Definition of Access — Notice File No. Z2018−1119−01 .............................................. 2098 TITLE 16. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS Geology Education — Notice File No. Z2018−1115−01 ............................................... 2100

TITLE 16. PHYSICIAN ASSISTANT BOARD Audit and Sanctions for Noncompliance — Notice File No. Z2018−1120−05 .............................. 2103 TITLE 18. DEPARTMENT OF TAX AND FEE ADMINISTRATION Regulations Implementing

Part 8.7 of Division 3 of Title 2 of the Government Code — Notice File No. Z2018−1119−02 ................................................................. 2107 TITLE 23. DELTA STEWARDSHIP COUNCIL Proposed Amendment to

Section 5002(b)(2) — Notice File No. Z2018−1120−01 ........................... 2136 GENERAL PUBLIC INTEREST DEPARTMENT OF TOXIC SUBSTANCES CONTROL Porcelain Metals Corporation (Formerly CAMEO) Site Proposed Consent Decree ......................... 2141 RULEMAKING PETITION DECISION BUREAU OF AUTOMOTIVE REPAIR Notice of Decision on Petition from Edward Turner Concerning California Code of Regulations, Title 16,

Section 3340.15 ....................................................................... 2142 DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES In−Home Supportive Services (IHSS) Program General Exception Requirements ........................... 2144

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 2144 Sections Filed, June 20, 2018 to November 21, 2018 ................................................. 2147 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 2018, VOLUME NO. 48-Z 2089 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: California Insurance Pool Authority Antelope Valley State Water Contractors Association Elsinore Valley Municipal Water District Northern California Cities Self−Insurance Fund Truckee Tahoe Airport Land Use Commission Tri−Dam Project/Power Authority Southern California Public Power Authority Access Services STATE AGENCY: Employment Development Department A written comment period has been established com- mencing on November 30, 2018, and closing on Janu- ary 21, 2019.

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

s) will be submitted to the Commission’s Executive Director for her 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 her 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 21, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission. REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2090 and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 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 2.

OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT NOTICE OF INTENTION TO AMEND CONFLICT−OF−INTEREST CODE NOTICE IS HEREBY GIVEN that the Office of Statewide Health Planning and Development, pursuant to the authority vested in it by

section 87306 of the Gov- ernment Code, proposes amendment to its conflict−of− interest code. A comment period has been established commencing on November 30, 2018 and closing on January 14, 2019. All inquiries should be directed to the contact listed below. The Office of Statewide Health Planning and Devel- opment proposes to amend its conflict−of−interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial in- terest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict−of−interest code include a number of changes to the Designated Position list to re- flect a recent re−organization in which the Information Technology Services Division (ITSD) and the Healthcare Information Division (HID) were combined into a new Information Services Division (ISD).

In ad- dition, the names of several employee classifications are updated due to the statewide Information Technolo- gy Class Consolidation, several positions are added or modified to reflect other organizational shifts and to re- flect current staffing, and the Office is proposing a change to Disclosure Category 3 to reflect programmat- ic changes. As a result of new statutory mandates, the Office is preparing to administer two new programs, the Prescription Drug Pricing for Purchasers program and the Health Care Cost Transparency Database.

One new staff position has been added to the Designated Position list, as has a new Committee that the Office is required to appoint. Disclosure Category 3 has been further amended, and a new Disclosure Category 9 has been added, to reflect these new departmental responsibili- ties. The amendment also makes other technical changes. The proposed amendment and explanation of the rea- sons can be obtained from the agency’s contact.

Any interested person may submit written comments relating to the proposed amendment by submitting them no later than January 14, 2019, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than December 31, 2018. The Office of Statewide Health Planning and Devel- opment has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

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

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Beth Herse Senior Staff Attorney Office of Statewide Health Planning and Development 2020 West El Camino Avenue, Suite 1217 Sacramento, CA 95833 916−326−3610 Beth.Herse@oshpd.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2091 TITLE 5. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION AMENDMENTS TO THE CALIFORNIA CODE OF REGULATIONS, TITLE 5 REGARDING THE MIGRANT EDUCATION PROGRAM REGIONAL PARENT ADVISORY COUNCIL NOTICE IS HEREBY GIVEN that the State Super- intendent of Public Instruction (SSPI) proposes to adopt the regulations described below after considering all comments, objections, or recommendations regard- ing the proposed action.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SSPI, will hold a public hearing at 1:30 p.m. on January 14, 2019 at 1430 N Street, Room 1801, Sacramento, California. The room is wheelchair acces- sible. At the hearing, any person may present state- ments or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The SSPI requests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. No oral state- ments will be accepted subsequent to this public hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to: Patricia Alverson, Regulations Coordinator Administrative Support and Regulations Adoption California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916−319−0155 or by e−mail to regcomments@cde.ca.gov.

Comments must be re- ceived by the Regulations Coordinator by 5:00 p.m. on January 14, 2019. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. A V AILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as de- scribed in this Notice, or may modify the proposed reg- ulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Reg- ulations Coordinator and will be mailed to those per- sons who submit written comments related to this regu- lation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposal. AUTHORITY AND REFERENCE Authority: Sections 54444.2, Education Code. Reference: Sections 54441, 54444.1, and 54444.2, Education Code; and 20 U.S.C.

Section 6399. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 1973, the Migrant Education Program (MEP) was established in California through the enactment of As- sembly Bill (AB) 1062. This legislation was subse- quently amended by AB 1825 of 1975 and AB 1382 of 1981. The latter is codified in Education Code (EC)

Section 54445 and contains statutory language which authorizes the adoption of rules and regulations neces- sary to implement the provisions of the program.

The purpose of the MEP is: 1) to support high−quality and comprehensive educational programs and services during the school year and, as applicable, during sum- mer or intersession periods, that address the unique needs of migratory children; 2) to ensure that migratory children are not penalized in any manner by disparities in curriculum, graduation requirements, and challeng- ing academic standards; 3) to ensure that migratory children receive full and appropriate opportunities to meet the same challenging academic standards that all children are expected to meet; 4) to assist migratory children who drop out of school, have cultural and lan- guage barriers, social isolation, various health−related problems, and other factors that inhibit the ability of such children to succeed; and 5) to help migratory chil- dren benefit from State and local systemic reforms.

In 2014, California Code of Regulations, title 5 (5 CCR), sections 12030−12044 were adopted governing the establishment and operation of the Statewide Parent Advisory Council (SPAC). The benefit of these regula- tions has been to promote the orderly, efficient, and fis- cally prudent operation of the SPAC, ensuring the satis- faction of the council’s obligations under state and fed- eral law. Additionally, these regulations are designed to promote openness and ensure transparency, as well as

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2092 maximize the participation of parents of migrant chil- dren in providing advice to the SSPI. EC

Section 54444.2(

a) requires the SSPI to take all necessary steps to ensure effective parental involve- ment throughout the state MEP, including the adoption of rules and regulations requiring all operating agencies receiving migrant education funds to solicit parental in- volvement through the establishment of and consulta- tion with a parent advisory council, at least two−thirds of the members of which are parents of migrant children.

The successful outcome of implementation of the regulations governing the SPAC has served to highlight the challenges which surface in the maximization of parent engagement and the efficiency in meeting statu- tory obligations of Regional Parent Advisory Councils (RPACs). The benefit of these regulations is to promote the or- derly and efficient operation of the RPACs throughout the State. These regulations will address and rectify the areas where the RPACs may face challenges in meeting their obligations under state and federal law.

Addition- ally, these regulations are designed to promote open- ness and ensure transparency, as well as maximize the participation of parents of migrant children in provid- ing advice to the regional Migrant Education directors. The CDE reviewed all state regulations relating to the MEP and found that none exist that are inconsistent or incompatible with these regulations regarding the oper- ation of the migrant regional parent advisory councils.

DISCLOSURES REGARDING THE PROPOSED REGULATION/FISCAL IMPACT The SBE has made the following initial determinations: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. The proposed regulations do not require a report to be made. Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Other non−discretionary costs or savings imposed on local educational agencies: None. Costs 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 businesses: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Effect on housing costs: None. Effect on small businesses: The proposed regulations would not have an effect on any small business because the regulations relate only to the MEP and not to small business practices. Economic Impact Analysis Adoption of these regulations will not: 1) create or eliminate jobs within California; 2) create new busi- nesses or eliminate existing businesses within Califor- nia; or 3) affect the expansion of businesses currently doing business within California.

The benefits of these regulations will be to impact the welfare of California residents by providing an infor- mative document about how the RPAC should lead an open and transparent meeting that maximizes parent participation. These regulations will not impact the health of California residents, worker safety, and the State’s environment.

CONSIDERATION OF ALTERNATIVES The SSPI must determine that no reasonable alterna- tive it considered or that has otherwise been identified and brought to the attention of the SSPI, would be more effective in carrying out the purpose for which the ac- tion is proposed, 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.

The SSPI invites interested persons to present state- ments 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 content of this regulation may be directed to: Alejandra Estrada, Education Programs Consultant English Learner Support Division California Department of Education 1430 N Street, Room 2204 Sacramento, CA 95814 Telephone: 916−319−0394 Inquiries concerning the regulatory process may be directed by phone to the Regulations Coordinator or Hi- lary Wirick, Regulations Analyst, Administrative Sup- port and Regulations Adoption Unit at 916−319−0860.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2093 INITIAL STATEMENT OF REASONS AND INFORMATION The SBE has prepared an initial statement of reasons for the proposed regulation and has available all the in- formation upon which the proposal is based. TEXT OF PROPOSED REGULATION AND CORRESPONDING DOCUMENTS Copies of the exact language of the proposed regula- tion and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Regulations Coordina- tor.

These documents may also be viewed and down- loaded from the CDE Proposed Rulemaking and Regu- lations W eb page at http://www.cde.ca.gov/re/lr/rr. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regu- lations Coordinator. You may obtain a copy of the final statement of rea- sons, once it has been finalized, by making a written re- quest to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Ameri- cans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request as- sistance by contacting Alejandra Estrada, Education Programs Consultant, 1430 N Street, Sacramento, CA, 95814; telephone, 916−319−0394. It is recommended that assistance be requested at least two weeks prior to the hearing. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Telecommunication Safety Orders

Section 8615(

g) Fall Protection in Telecommunications NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on January 17, 2019 in the Council Chambers of the Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California.

At this public hearing, any person may present statements or argu- ments orally or in writing relevant to the proposed ac- tion described in the Informative Digest. WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be sub- mitted to the Board’s office. The written comment peri- od commences on November 30, 2018 and closes at 5:00 p.m. on January 17, 2019. Comments received af- ter that deadline will not be considered by the Board un- less the Board announces an extension of time in which to submit written comments.

Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By fax at (916) 274−5743; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional and health standards that are at least as effective as federal occupational safety and health standards. INFORMATIVE DIGEST OF PROPOSED ACTION/ POLICY STATEMENT OVERVIEW On November 18, 2016, Federal OSHA revised 29 Code of Federal Regulations (29 CFR),

Part 1910, Walking−Working Surfaces and Personal Protective Equipment (Fall Protection Systems) including

Section 1910.268, T elecommunications. Unlike Title 8,

Section 8615(g), the revised

Section 1910.268(

g) does not con- tain an exception for point−to−point travel on poles, towers, or similar structures. To ensure equivalent safe- ty to that contained in

Section 1910.268(g)(1), Title 8, Telecommunication Safety Orders (TSO),

Section 8615 is being amended to clarify that qualified telecom-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2094 munication workers must use fall protection when trav- eling point−to−point on poles, towers, or similar struc- tures, with the exception of when the employer demon- strates that fall protection is infeasible or creates a greater hazard, and provides fall injury risk control equivalent in effectiveness to that provided by

Section 8615(g)(1).

Section 8615 also is being amended to include a cross reference to

Section 1670 of the Construction Safety Orders (CSO) for applicable personal fall arrest, work positioning, and fall restraint system requirements, and

Section 2940.6(

c) of the Electrical Safety Orders (ESO) for linemen’s body belts. Anticipated Benefits This proposal is expected to improve safety for em- ployees who perform point−to−point travel or work at elevated locations on telecommunication poles, towers, and similar structures.

The following specific benefits are anticipated: • The reduction in employee fall risk, falls from elevations, and resulting injuries/fatalities in the telecommunication industry. • The preservation of an exception recognizing that use of a personal fall protection system may not always be feasible during point−to−point travel, while expressly clarifying that equivalently effective fall injury risk control measures would be required. • Clarity enhancing uniformity between certain personal fall protection terminology used in the TSO and that of the CSO. • The use of linemen’s body belts typically designed with two attachment points and regulated by the High−V oltage Electrical Safety Orders for climbing poles, towers and similar structures is recognized.

Section 8615. Overhead Lines. Subsection (g). Fall Protection. Existing

Section 8615(

g) provides requirements for fall protection when work is performed on poles, tower- s, or similar structures in the telecommunications in- dustry.

Section 8615(

g) requires employee use of fall protection equipment when work is performed at posi- tions more than 4 feet above ground, on poles, towers, or similar structures, if other methods of fall protection are not provided. Existing

Section 8615(

g) provides an exception for point−to−point travel by a qualified per- son without fall protection equipment, unless condi- tions such as ice, high winds, design of the structure, or other conditions prevent the employee from gaining a firm hand or foothold while traveling. This exception is not commensurate with 29 CFR 1910.268(g)(1), the newly revised federal standard for personal climbing equipment in telecommunications since the federal standard does not provide an exception for point−to− point travel.

In addition, the revised federal standard adds a re- quirement for the personal fall arrest and positioning systems to meet the applicable requirements in 29 CFR 1910, Subpart I, the federal standard for personal pro- tective equipment. A change to the counterpart state standard,

Section 8615(g), would add a reference to equipment−specific Title 8 requirements for the fall ar- rest and work positioning systems. This proposal renders

Section 8615(

g) more clearly commensurate with the federal standard, and provides the required protection to California employees who perform point−to−point travel on telecommunication poles, towers, or similar structures.

The specific changes are as follows: • The deletion of the exception that allows for point−to−point travel without fall protection unless conditions are present that prevent the employee from gaining a firm hand or foothold while traveling. • The addition of a new subsection (g)(2) that specifically requires the use of fall protection for qualified telecommunications workers climbing or changing locations on poles, towers, or similar structures. • The addition of an exception that allows for fall injury risk control measures equivalent in effectiveness to fall protection.

Recognizing that it is not always possible to use personal fall protection systems while climbing and descending, the proposed changes allow employers to take alternative measures as effective as conventional fall protection methodologies to control fall injury risk. Alternatives to conventional fall protection methods that control the fall risk include, but are not limited to: use of a pole/tower climbing fall protection plan approved by the Division of Occupational Safety and Health; positive control for safe access as provided by General Industry Safety Orders,

Section 3270.1, Rope Access standards; use of linemen’s body belts; installation and use of sufficient hand and footholds; use of aerial devices; or any combination thereof. • The addition of requirements that personal fall protection systems meet the applicable requirements in

Section 1670 of the CSO, and that linemen’s body belts (typically designed with two attachment points) for climbing poles, towers and similar structures, meet the requirements of the ESO. Requiring that personal fall protection systems meet the existing state standards in CSO,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2095

Section 1670 and ESO,

Section 2940.6(

c) ensures that only adequate and properly functioning personal fall protection systems and components are used by the employees. In addition, the labeling and inspection requirements in

Section 1670 prevent the use of defective equipment. Use of adequate and properly functioning personal fall protection systems and components will result in improvement in fall safety and reduction in employee fall risk. This requirement will also make the California standard more clearly commensurate with the new federal standard. • The use of the word “system” in place of the word “equipment”, and the use of the phrase “fall restraint system” in place of the phrase “travel restricting equipment”.

This proposal makes the terminology used for means of fall protection consistent with those in the CSO and the new federal standard. Such consistency will enhance safety communication and improve safety by having employees use the same fall protection systems, and follow the similar practices in telecommunications or construction works. • The relocation of the regulatory language prohibiting the use of body belts as part of a fall arrest system as a new subsection. This proposed relocation adds clarity to the requirement making it more easily understandable.

The Board evaluated the proposed regulation pur- suant to Government Code

Section 11346.5(a)(3)(

D) and has determined that the regulation is not inconsis- tent or incompatible with existing state regulations. This proposal is part of a system of occupational safety and health regulations. The consistency and compati- bility of that system’s component regulations is provid- ed by such things as: (1) the requirement of the federal government and the Labor Code to the effect that the state regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occu- pational safety and health rulemaking be channeled through a single entity (the Standards Board).

DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies and School Districts: None. Cost or Savings to State Agencies: None. Cost to Any Local Government 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. Cost Impacts on a Representative Private Person or Business: The U.S.

Bureau of Labor Statistics (BLS) provides employment data for several telecommunication occu- pations; however, it does not specify exactly how many employees climb poles, towers, or similar structures in telecommunications.

Board staff believes the following occupations employ the majority of the climbers in California: • Telecommunications Line Installers and Repairers • Telecommunications Equipment Installers and Repairers, Except Line Installers • Radio, Cellular, and Tower Equipment Installers and Repairers Board staff asked several stakeholders for informa- tion needed to calculate the total number of potential climbers who do not use personal fall protection sys- tems, but complete data could not be obtained.

Employ- ment data specific to climbing on telecommunications poles, towers, or similar structures is also not available at the U.S. Bureau of Labor Statistics (BLS). Board staff is using available BLS data, the Federal Final Rule on Working/Walking Surfaces (Federal Register, V ol- ume 81, No. 223, November 18, 2016), and stakeholder information to estimate the number of climbers and the cost of the proposed rulemaking.

Almost all of the telecommunications line installers and repairers, and the radio, cellular, and tower equip- ment installers and repairers, and a percentage of the telecommunications equipment installers and repairers perform jobs that involve climbing. Most of these climbers climb the telecommunication poles and a small portion of climbers climb the towers. The tower climbers usually have the equipment and training for climbing,

whereas the pole climbers may not have all of the necessary fall protection equipment, particularly the fall restricting pole straps or similar fall protection equipment. As a result, the telecommunications climbers impacted by the proposed rulemaking are pri- marily the pole climbers. Since the number of pole climbers could not be determined from the BLS data, Board staff contacted the stakeholders for the data. Three employers, AT&T, Frontier, and Consolidated, provided some employment data on the climbers.

The Communications W orkers of America (CWA) provided data for AT&T and Frontier and an estimate for the oth- er California employers in telecommunications. Ac- cording to CW A, A T&T has 11,500 climbers and 5,664 (49%) would still need to be provided with new fall pro- tection training and equipment as a result of the pro- posed rulemaking. Frontier, another large employer, has over 1,300 climbers, and would need to provide

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2096 training and equipment for approximately 1,200 (91%) climbers. Consolidated has approximately 75 climbers and all of their climbers already have the necessary fall protection training and equipment. Board staff estimate these three largest employers have approximately 12,935 potential climbers in total, and out of these climbers 6,864 climbers would need to be provided with training and new equipment. Using these numbers, staff calculates the percent of climbers needing training and new equipment to be approximately 53% (6,864/12,935, rounded).

Board staff believes other California employers (e.g. Charter, CenturyLink, Verizon, and Comcast) will also have climbers who need additional training and new fall protection equipment due to the proposed requirement. Board staff requested climber data from several em- ployers and CWA; however, complete data was not available. CWA estimates the other employers (con- tractors for AT&T and Frontier) to have 5−10% of climbers that may need training and new equipment.

In absence of complete data, it is estimated that the other telecommunication employers may have approximate- ly 1,294 (10% of 12,935 which is the total for AT&T, Frontier, and Consolidated combined) pole climbers in total. Assuming that 53% of these climbers may need the training and new equipment, the estimated number of climbers needing training and equipment is calculat- ed to be 686 (53% of 1,294). Staff learned from CWA that cable companies may also have pole climbers that may need to be provided with training and new equipment.

The List of Occupa- tions Employed in Cable and Other Programming pro- vided on the California Employment Development De- partment (EDD) website shows the number of telecom- munications line installers and repairers in California cable companies and other subscription industries to be around 300. Staff considers these employees as poten- tial climbers, and assuming 53% of these climbers may need the training and new equipment, calculates the number of climbers needing training and new equip- ment to be 159 (53% of 300).

Using the above estimates and calculations, Board staff estimates the total number of pole climbers in Cali- fornia to be approximately 14,500 and those needing training and new equipment for climbing to be approxi- mately 7,700 (6,864 for AT&T, Frontier and Consoli- dated + 686 for other telecommunications employers + 159 for cable companies = 7,700, rounded). As a result, staff uses 7,700 as the number of impacted employees for the calculation of the cost of compliance.

Line workers must be adept at climbing poles when necessary and training on the use of personal fall protec- tion equipment during pole climbing is typically pro- vided to all line workers. CWA and AT&T stated that training is required for all pole climbers and one set of personal fall protection equipment needs to be provided to each climber. Due to changing job sites and condi- tions, individual fall protection equipment is provided to all employees who work on poles. The cost of the rulemaking will be comprised of the costs for new equipment and training.

Board staff esti- mates the cost of new equipment to be approximately $2,849,000 (7,700 x $370). The cost of training is esti- mated using information provided in the Federal Final Rule (FFR) on electric power generation, transmission, and distribution (Federal Register, V ol. 79, No. 70, Fri- day, April 2014, page 20591) because the hazards en- countered during point−to−point travel on telecommu- nication poles and towers are similar to those encoun- tered on electrical poles and towers. The FFR used $52 per impacted employee as the cost of training for fall protection during point−to−point travel.

Using the con- sumer price index (16.6% for 2009−2017), and an ad- justment for higher California wages (106.065%), Board staff estimates the cost per employee for the new training to be approximately $64 ($52 x 116.6% x 106.065%). Thus, the total cost of training is estimated to be $492,800 (7,700 x $64), and the total cost of the proposed regulation is estimated to be $3,341,800 ($2,849,000 + $492,800) for California employers.

The Federal Register containing the Final Rule on Working/Walking Surfaces and Personal Protective Equipment (Fall Protection Systems), V olume 81, No. 223, November 18, 2016, indicates on page 82873 that compliance is economically feasible in every affected industry sector and it is not expected to threaten viabili- ty, existence, or competitiveness of entities. As the telecommunication industry is within the scope of the Final Rule, Board staff expects this proposal to be eco- nomically feasible for California employers.

The Federal Register containing the Final Rule for Electric Power Generation, Transmission, and Distri- bution (V olume 79, No. 70, April 11, 2014) mentions on page 20582 that the estimated monetized benefit associ- ated with the climbing fall protection part of the Final Rule is higher than the cost associated with it.

As the workers performing point−to−point travel on electrical and telecommunications structures are exposed to simi- lar hazards, Board staff estimates the monetized benefit and cost associated with the fall protection for point− to−point travel in telecommunications to follow a simi- lar pattern; therefore, this proposal is not expected to have any negative economic/cost impact on California employers.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, statewide ad-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2097 verse economic impact directly affecting businesses/ individuals, including the ability of California busi- nesses to compete with businesses in other states. This proposal is expected to reduce serious injuries and fatalities by reducing falls of employees climbing poles, towers, or similar structures to perform telecom- munication work and to bring California into compli- ance with the federal standards.

The cost of compliance with the proposal for California employers is expected to be less than the monetized benefit due to the reduc- tion in serious injuries and fatalities. Significant Effect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ments may affect small businesses. However, no nega- tive economic/cost impact is anticipated.

Per Table of Small Business Size Standards pub- lished by the federal government at https://www.sba.gov/sites/default/files/files/Size_ Standards_Table.pdf , only the employers having less than 1,500 employees may be considered small busi- nesses among wired and wireless telecommunications carriers and telecommunications resellers. Employers engaged in satellite telecommunications and other telecommunications are considered small business if they have less than 1,000 employees. Therefore, the vast majority of telecommunications employers are small businesses.

A report compiled by the California Public Utilities Commission (CPUC) shows only six employers having 750+ employees engaged in tele- phone and video media works. Based on this report and stakeholder input, Board staff believes the total number of large employers is approximately six. The United States Census Bureau shows that the total number of California telecommunication firms engaged in wired, wireless, and satellite communication works as 623; therefore, Board staff estimates the total number of small businesses engaged in similar works to be ap- proximately 617.

The cost of compliance for a small business, on average, is expected to be approximately $1,625. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The proposed regulation is not expected to have any effect on the creation or elimination of California jobs or the creation of new businesses or the elimination of existing California businesses or affect the expansion of existing California businesses. This proposal is also not expected to impact the ability of California businesses to compete with businesses in other states. Additional- ly, the changes proposed for

Section 8615(

g) are ex- pected to be economically feasible and not result in any significant economic impact. (For specific details, refer to the Cost Impact on a Representative Private Person or Business.) BENEFITS OF THE PROPOSED ACTION This proposal is expected to reduce catastrophic falls of employees who climb poles, towers, or similar struc- tures to perform telecommunication work. A reduction in falls leads to fewer serious injuries and fatalities among employees.

When the employers ensure the use of properly functioning personal fall protection systems, or take measures to control employee fall risk when the personal fall protection system is not feasible or hazard creating, the employee fall risk is further re- duced. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its at- tention would either be more effective in carrying out the purpose for which the action is proposed 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 persons and equally effective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled public hearing or during the written comment period. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Lara Paskins (Staff Services Manag- er I), and the back−up contact person is Michael Manieri (Principal Safety Engineer) at the Occupation- al Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATION AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2098 making process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained by contacting Ms. Paskins or Mr. Manieri at the address or telephone number listed above.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation 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 at least 15 days before the Board adopts the regulation as revised. Please re- quest copies of any modified regulation by contacting Ms. Paskins or Mr. Manieri at the address or telephone number listed above.

The Board will accept written comments on the modified regulation for at least 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Paskins or Mr. Manieri at the address or telephone number listed above or via the internet. A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its website.

Copies of the text of the regulation in an underline/strikeout format, the Notice of Proposed Ac- tion and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 16. BOARD OF BARBERING AND COSMETOLOGY NOTICE IS HEREBY GIVEN that the Board of Bar- bering and Cosmetology (hereinafter “the Board”) is proposing to take the action described in the Informa- tive Digest.

Any person interested may present state- ments or arguments orally or in writing relevant to the action proposed at a hearing to be held from 10 a.m.−12 p.m. on January 24, 2019 in the Sequoia Room at the Board’s offices at 2420 Del Paso Road, Sacramento, California, 95834. Written comments, in- cluding those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its offices not later than 5:00 p.m. on January 24, 2019 or must be received by the Board at the hearing.

The Board, upon its own mo- tion or at the insistence of any interested party, may thereafter adopt the proposals substantially as de- scribed below or may modify such proposals if such modifications are sufficiently related to the original text.

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

Section 7312 of the Business and Professions Code, and to implement, interpret or make specific Sec- tion 7313 of said Code, the Board is considering changes to Division 9 of Title 16 of the California Code of Regulations as follows: INFORMATIVE DIGEST A. Informative Digest Amend

Section 904 of the California Code of Regu- lations (CCR). Business and Professions Code

Section 7312 autho- rizes the Board to “make rules and regulations in aid or furtherance” of

Chapter 10 of Division 3 of the Business and Professions Code, also known as the Barbering and Cosmetology Act. Business and Professions Code Sec- tion 7313 authorizes the Board and its representatives to inspect barbering and cosmetology establishments, mobile units, and schools. This amendment will more clearly define in regulation the meaning of the word “access” pursuant to

Section 7313. B. Policy Statement Overview/Anticipated Benefits of Proposal By defining in greater detail what is meant by “ac- cess” pursuant to

Section 7313, the Board expects to see fewer instances in which areas of an establishment or school cannot be inspected fully for compliance with Board rules because of locked rooms, drawers, and cab- inets. Board inspectors often inspect shops in which the people working in the establishment have an “indepen- dent contractor’’ arrangement with the salon owner. The salon owners, however, typically the holders of the establishment license or mobile unit license, sometimes believe erroneously that they are not required to make an independent contractor’s work space available for

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2099 inspection in those situations, even though it is within the licensed establishment or mobile unit. This leads to fines for the business owner and incomplete inspections that could lead to consumer harm. C. Consistency and Compatibility with Existing State Regulations After conducting a review for any regulations that would relate to or affect this area, the Board has evaluat- ed this regulatory proposal and found it is not inconsis- tent or incompatible with existing state regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: There is no significant fiscal im- pact associated with this regulatory proposal, although fewer people may be fined for denying access. It’s diffi- cult to estimate how much less in fine receipts the Board might receive as a result of this regulatory change, but the Board currently collects an average of $55,750 a year in fines for 223 violations of Business and Profes- sions Code

Section 7313. The Board believes this regu- lation might reduce the number of violations by as much as 20 percent, meaning it would collect approximately $44,500 a year on 178 violations. That translates into a gross loss of fine revenue of $11,250 a year on average. Because the Board historically only collects 63 percent of fines issued, the net loss of revenue would be $7,087.50. The Board estimates there will be a negligible sav- ings in workload as a result of the reduction in the num- ber violations of Business andProfessions Code

Section 7313. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The Board believes this action will affect businesses positively be- cause the regulation will be clarified, leading to fewer businesses being fined for violations of Business and Professions Code

Section 7313. The Board believes it may lose $7,087.50 in fine rev- enue on average annually should this rulemaking go in- to effect, as establishment licensees better understand the meaning of “access” and comply with Business and Professions Code

Section 7313, thereby collecting few- er fines. There may be additional violations revealed with increased access, but the Board is not able to deter- mine how many additional violations or what those vio- lations might be. Fines for violations can run from $50 to $1,000. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tion will not affect small businesses negatively because it only clarifies and defines the longstanding practice of interpreting inspection access to mean access to all ar- eas of an establishment, including locked rooms, draw- ers, and cabinets. The Board believes this action will af- fect small businesses positively because the regulation will be clarified. This may help business owners avoid fines they might otherwise receive.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will not have an impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Benefits of Regulation: The Board has determined that this regulatory pro- posal will help protect the health and safety of Califor- nians by strengthening the Board’s inspection program. There is no benefit to worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2100 Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMA TION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained at the hearing or prior to the hearing upon request from the Contact Person named below. A V AILABILITY AND LOCATION OF THE FINAL ST ATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below.

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

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Kevin Flanagan Address: 2420 Del Paso Road, Suite 100 Sacramento, CA 95834 Telephone No.: (916) 575−7100 Fax No.: (916) 928−6810 E−Mail Address: Kevin.Flanagan@dca.ca.gov The backup contact person is: Name: Patricia Garcia Address: 2420 Del Paso Road, Suite 100 Sacramento, CA 95834 Telephone No.: (916) 575−7100 Fax No.: (916) 928−6810 E−Mail Address: Patricia.Garcia@dca.ca.gov Website Access: Materials regarding this proposal can be found at http://www.barbercosmo.ca.gov/ laws_regs/prop_regs.shtml.

TITLE 16. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS NOTICE IS HEREBY GIVEN that the Board for Professional Engineers, Land Surveyors, and Geolo- gists (Board) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing rel- evant to the action proposed at a hearing to be held at: Hearing location: 2535 Capitol Oaks Drive 3rd Floor Conference Rm Sacramento, CA 95833 Hearing Date: January 22, 2019 Hearing Time: 10:00 a.m. to 12:00 p.m.

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 5:00 p.m. on January 14, 2019 or must be received by the Board at the hearing. The Board, upon its own motion or at the instance of a ny interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the per- son designated in the Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have request- ed notification of any changes to the proposal. Authority and Reference Citations : Pursuant to the authority vested by

Section 7818 of the Business and Professions Code, and to implement, interpret, or make specific Sections 7841, 7841.1, 7841.2, 7842 and 7842.1 of said Code, the Board is considering changes to Division 29 of Title 16 of the California Code of Reg- ulations as follows: INFORMATIVE DIGEST Adopt Title 16 CCR Sections 3022, 3022.1 and 3022.2. Repeal and amend various subsections of Title 16 CCR

Section 3031. Business and Professions Code Sections 7841, 7841.1, 7841.2, 7842 and 7842.1 describe the qualifica- tions required for licensure as a geologist, licensure as a geophysicist, and for certification as a geologist in training or as a specialty geologist or geophysicist.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2101 These include completing specified education require- ments, work experience requirements, and passing a re- quired examination(s). Additional explanation of these requirements is included in Title 16, California Code of Regulations

Section 3031. As it is currently written 16 CCR

Section 3031 lacks important details, is inconsistent with other sections of the regulations, and needs to be amended to address three significant flaws which make it difficult to under- stand for potential licensees and the general public: 1. problems with the way this

section of the regulations is organized, 2. lack of detail regarding specific licensure qualification requirements, 3. lack of consistency both within the regulations relating to the practices of geology and geophysics, and inconsistency between the regulations for the various professional disciplines (engineering, land surveying, and geology) regulated by the Board. The Board has determined that to effectively address the problems identified above, it is necessary to move the subsections of §3031 that describe the education and experience requirements for geologists and geo- physicists to California Code of Regulations, Title 16,

Article 2, §3022, §3022.1, and §3022.2. The existing language regarding the education and experience re- quirements will be deleted from §3031, and the lan- guage will be updated in the newly adopted §3022, §3022.1, and §3022.2. The proposed amendments include: Changes proposed to address clarity and readability: • Adopting §3022, §3022.1, and §3022.2 to describe the geologist and geophysicist education and experience requirements. This allows the grouping of qualification requirements into regulation sections with common topics.

It also allows for separation of the requirements for the Professional Geologist license and the Professional Geophysicist license. • Deleting the outdated and misplaced language in the existing §3031 that describes education and experience requirements for geologists and geophysicists. • Revising outdated language in §3031 that describes examination requirements for licensure and updating the numbering of the remaining language. • Deleting language in §3031 that is no longer relevant.

Changes proposed to add missing detail: • Adds specific standards for the educational qualifications required to obtain a Professional Geologist license or certification as a Geologist−in−Training.

These include specifying an ABET accredited baccalaureate degree, or alternatively, successfully completing coursework at an accredited institution to obtain the knowledge and skills expected for geology licensure. • Requires that the educational requirements for a Professional Geophysicist license be fulfilled at a college or university accredited by a recognized national or regional accrediting commission. • Clarifies in regulation who can serve as a valid responsible charge reference to document work experience for the Professional Geologist license, and Professional Geophysicist license. • Clarifies in regulation the specific number of references required to document work experience for the Professional Geologist license and the Professional Geophysicist license. • Clarifies in regulation how undergraduate or graduate education is credited toward work experience for the Professional Geologist license and Professional Geophysicist license.

Changes intended to improve consistency: Whenever possible and appropriate, the proposed language suggested for adoption as part of this rulemak- ing was modeled on existing text within the Board rules and regulations relating to the practices of professional engineering and professional land surveying, and exist- ing text within the regulations relating to the practices of geology and geophysics.

This will improve consis- tency between the regulations for the various profes- sional disciplines regulated by the Board, and further demonstrate the Board’s commitment to applying the statutes, regulations, policies and procedures for each of the regulated disciplines (engineering, land survey- ing and geology) in a clearly defined, consistently ap- plied, and fair manner.

POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL The purpose and benefit of this proposed regulatory action is to ensure that the Board’s regulations are accu- rate and reflective of the qualifications that applicants must meet in order to become licensed as Professional Geologists or Professional Geophysicists, or to obtain a Geologist−in−Training certificate. These amendments will help to maintain the Board’s mission to “evaluate current laws and regulations and pursue changes where appropriate.” The Board anticipates that the proposed regulatory action will benefit consumers, the geologic profession

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2102 and the Board. The clarification of licensure require- ments promotes fairness and consistency in application, and increases transparency in government. Providing consistent and clear requirements ensures that mini- mum competency is met by licensed professionals in order to protect the public.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed changes to the regulations including the adoption of Sections 3022, 3022.1 and 3022.2, as well as the changes to

Section 3031, do not result in a fiscal impact to public or state agencies (with the excep- tion of the Board) since it does not require any action, time, or fiscal adjustments. There is also no costs/ savings impact to federal funding to the state. The proposed amendments may result in a minor cost savings to the Board, by ensuring that the requirements for geology and geophysics licensure are clear and un- ambiguous. This will likely reduce or eliminate costs associated with unqualified candidates applying for li- censure, and the court costs associated with the appeal of denied applications.

Nondiscretionary Costs/Savings to Local Agencies: This proposed regulatory action does not result in nondiscretionary costs or savings to local agencies. Local Mandate: This proposed regulatory action does not impose a mandate on local agencies or school districts. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Require Reimbursement: None.

Business Impact: The Board has made an initial determination that this proposed regulatory action is unlikely to have signifi- cant statewide adverse economic impact directly affect- ing business, including the ability of California busi- nesses to compete with businesses in other states. Impact on Jobs/New Businesses: The Board has determined that this proposed regula- tory action is unlikely to have an impact on the creation new businesses or the elimination of existing business- es or the expansion of businesses in the State of California.

Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed ac- tion. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that this proposed regula- tory action would not affect small businesses. The clari- fication of the qualification requirements for licensure or certification is administrative and has no economic or fiscal impact on agencies or individuals.

The pro- posed action has a minimal effect on applicants, but will have no effect on small business. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California.

Benefits of Regulation: The Board has determined that this regulatory pro- posal will have the following benefits to health and wel- fare of California residents, worker safety, and the State’s government: These regulations will help to maintain the Board’s mission to safeguard the life, health, property, and wel- fare of the public by ensuring that the requirements for licensure as a Professional Geologist or Professional Geophysicist are clearly defined, and applied consis- tently and fairly. It will improve consistency between the regulations for the various professional disciplines regulated by the Board.

It will improve public confi- dence in the Board’s ability to execute its mandate to promote appropriate standards so that qualified individ- uals may obtain licensure in order to protect the public.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2103 CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

INITIAL STATEMENTOF REASONS AND INFORMATION The Board has prepared an initial statement of rea- sons for the proposed action and has available all the in- formation upon which the proposal is based. TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Board at 2535 Capitol Oaks Drive, Suite 300, Sacramento, California 95833.

Materials re- garding this proposal can also be found at: http://www.bpelsg.ca.gov/about_us/rulemaking.shtml . A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below. You may obtain a copy of the final statement of reasons, once it has been prepared, by mak- ing a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Kara Williams Address: 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone No.: (916) 263−5438 Fax No.: (916) 263−2246 E−Mail Address: Kara.Williams@dca.ca.gov The back−up contact person is: Name: Laurie Racca Address: 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone No.: (916) 263−2406 Fax No.: (916) 263−2246 E−Mail Address: Laurie.Racca@dca.ca.gov WEBSITE ACCESS The Board’s website is: http://www.bpelsg.ca.gov.

Materials regarding this proposal can be found at: http://www.bpelsg.ca.gov/about_us/rulemaking. shtml . TITLE 16. PHYSICIAN ASSISTANT BOARD The Physician Assistant Board (Board) proposes to amend

section 1399.617 of Title 16 of the California Code of Regulations after considering all comments, objections, and recommendations regarding the pro- posed action. PUBLIC HEARING The Board will hold a public hearing starting at 9:00 a.m. on January 28, 2019, in the Hearing Room located at 2005 Evergreen Street, Suite 1150A, Sacramento, California 95815. The Hearing Room is wheelchair ac- cessible. At the hearing, any person may present state- ments or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

The Board requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. WRITTEN COMMENT PERIOD Any interested person, or his/her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may also be submitted by facsimile (FAX) at (916) 263−2671 or by e−mail to anita.winslow@mbc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2104 The written comment period closes at 5:00 p.m. on January 28, 2019. The Board will consider only com- ments received at the Board’s office by that time. Sub- mit comments to: Anita Winslow, Regulatory Coordinator Physician Assistant Board 2005 Evergreen Street, Suite 1100 Sacramento, CA 95815−3893 AUTHORITY AND REFERENCE Business and Professions Code

section 3510 autho- rizes the Board to adopt this proposed regulation. The proposed regulation implements, interprets, and makes specific sections 3524.5 and 3527 of the Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Business and Professions Code

section 3524.5 per- mits the Board to require a licensee to complete contin- uing education as a condition of license renewal. In 2010, the Board adopted

Article 8 in Division 13.8 and Sections 1399.615 through 1399.619 in Title 16 of the California Code of Regulations, which set forth re- quirements for physician assistant licensees’ continu- ing medical education. Under current

Section 1399.615, physician assistant continuing medical edu- cation (CME) requirements may be met by completing 50 hours of continuing medical education every two years or demonstrating certification by the National Commission on Certification of Physician Assistants (NCCPA), which also requires CME to maintain the li- censee’s certification. The Board is authorized by Title 16, California Code of Regulations

section 1399.617 to audit a random sam- ple of physician assistants who have reported compli- ance with CME. In the Board’s 2012 Sunset Review re- sponse to issues raised by legislative staff in the Board’s background paper, it was reported that the Board planned to conduct CME audits on a scheduled basis to ensure compliance. The Board has since randomly selected licensees who self−certify CME compliance on their renewal applica- tions.

The Board has sent out contact letters asking the licensees to either send in their CME documentation or ask the NCCPA to send a verification that they have maintained their certification. However, in the most re- cent audits conducted, licensees have failed to respond to the audit inquiry or to provide complete or accurate information when requested, which is not expressly prohibited conduct under the current regulations. Pro- posed amendments to subsection (

a) of

Section 1399.617 would expressly require a licensee to respond to any inquiry by the Board regarding compliance with the CME requirements contained in

Article 8 or to pro- vide copies of NCCPA certification records when the records cannot be obtained by the Board.

Section 1399.617 also does not currently require licensees to re- spond to a board inquiry or provide NCCPA certifica- tion records within a certain time frame (65 days is pro- posed) or make it unprofessional to fail to provide accu- rate or complete information in response to a board in- quiry. Proposed amendments to subsections (

a) and (

b) would implement those requirements. In addition, the Board’s staff reported that there ap- pears to be licensee confusion over how to count hours earned to make up any deficiency uncovered by an audit when hours are earned in the next renewal cycle. Sec- tion 1399.617(

c) specifies only what licensees must do if they have not completed the required amount of CMEs during their previous renewal cycle and directs them to “make up any deficiency during the next renew- al period.” It does not clarify that hours required to be earned to make up any deficiency in CME cannot be counted towards compliance with the next biennial re- newal period. Proposed amendments to subsection (

c) would expressly provide that hours earned to make up the CME deficiency shall not be counted towards com- pliance with thenext renewal period. Finally,

Section 3527 states, in part, that the “board may order the denial of an application for, or the is- suance subject to terms and conditions of, or the suspen- sion or revocation of, or the imposition of probationary conditions upon a physician assistant license . . . for un- professional conduct that includes, but is not limited to . . . a violation of the regulations adopted by the board. . .” Since a violation of

Section 1399.617 would be grounds for discipline under

Section 3527, the Board proposes to add

Section 3527 to the “notes”

section of this regulation. Anticipated Benefits of the Proposed Regulation: CME requirements help the Board in its mission of consumer protection by ensuring licensees maintain their professional competency. This regulatory propos- al will help to strengthen CME compliance by requiring licensees to respond within specified time frames, pro- vide accurate and complete information in response to CME audits conducted by the Board, and provide the Board with additional enforcement mechanisms for CME audits. Since

Section 1399.571 of Title 16 of the California Code of Regulations already authorizes the Board’s Executive Officer to issue citations for a viola- tion of any of the Board’s regulations, this proposal would allow the Executive Officer to issue a citation for those licensees who fail to respond to the audit inquiry

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2105 or provide incomplete or inaccurate information when requested, thus ensuring that the Board is better able to obtain CME compliance for the protection of the public. This regulatory proposal will also clear up any confu- sion for licensees over how to count hours earned to make up any deficiency uncovered by an audit and how those hours are accounted for in the next renewal cycle.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Board 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. Cost impacts on a representative private person or business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing cost: None.

Business Impact: This regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to com- pete with businesses in other states. This initial determi- nation is based on the following facts: The Board has approximately 12,280 licensees for the current fiscal year. The Board only has authority to take administra- tive actions against a licensee and not a business.

Ac- cordingly, the initial or ongoing impact to a business at which a licensee works who is the subject of disci- plinary or citation action for violating this regulation cannot be projected. Businesses employing licensees who are in compliance with the law will not incur any fiscal impact. A licensee who is found to be non−compliant with CME regulations enforced by the Board may also be impacted through the assessment of a citation with an administrative fine pursuant to

Section 1399.571, which may not exceed $5,000 for each inspection or each investigation made with respect to the violation in accordance with

Section 125.9(b)(3) of the Business and Professions Code. Only individual licensees who fail to provide accurate, complete and timely informa- tion to the Board in response to an audit would be im- pacted by this regulation. CME audits began in May 2016. For the fiscal year 2016/2017, the Board issued approximately 540 audits. Of those audits there were twelve (12) licensees who did not respond to the audit. If this regulation were implemented, the Board would typically issue a citation and fine for any potential viola- tion in the amount of $250 and an order of abatement to comply with the audit.

Also, these audits have indicated that five (5) licensees failed the audit (did not complete CME or provide NCCPA certification proof), and failed to provide accurate information to the CME response on their renewal application. If this regulation were im- plemented, it is anticipated that the Board would issue a citation and fine of $500 ($250 for failing to complete the CME requirement during the renewal cycle and $250 for failing to provide accurate information on their renewal application) for these violations.

Based upon past noncompliance statistics, it is estimated that this would generate $5,500 annually in revenue for the Board if this regulation were implemented. Effect on Small Business: The Board has determined that the proposed regula- tion would not affect small businesses because the pro- posal imposes specific requirements only on a specific set of licensees who are subject to audit and who fail to comply with audit requirements. A business owned by a licensee who faces disciplinary action due to a violation may incur a significant fiscal impact depending on the nature and severity of the violation.

The Board does not maintain data relating to the number or percentage of li- censees who own a business; therefore, the number or percentage of businesses that may be impacted cannot be predicted. The Board only has authority to take ad- ministrative action against a licensee and not a business. Accordingly, the initial or ongoing costs for a small business owned by a licensee who is the subject of disci- plinary action cannot be projected.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Board has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the state of California because the proposal imposes specif- ic requirements only on a specific set of licensees who are subject to audit and who fail to comply with audit re- quirements. A business owned by a licensee who faces

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2106 disciplinary action due to a violation may incur a signif- icant fiscal impact depending on the nature and severity of the violation. The Board does not maintain data relat- ing to the number or percentage of licensees who own a business; therefore, the number or percentage of busi- nesses that may be impacted cannot be predicted. The Board only has authority to take administrative action against a licensee and not a business.

Accordingly, the initial or ongoing costs for a small business owned by a licensees who is the subject of disciplinary action can- not be projected. This regulatory proposal will benefit the health and welfare of California residents because verification that physician assistants have met the mandatory CME re- quirement ensures that the physician assistant has main- tained, developed, or increased their knowledge, skills, and professional performance to provide services for the public, and the profession.

This allows for the physi- cian assistant to serve the public to the best of their abili- ties and live up to professional standards. CME require- ments and related enforcement mechanisms help the Board in its mission of consumer protection by ensuring licensees maintain their professional competency. This regulatory proposal will not affect worker safety because the proposal does not involve worker safety.

The proposal only identifies the consequence for non- compliance to the CME audit and how the licensees would also have a clearer understanding of how to count hours earned to make up any deficiency uncovered by an audit and how those hours are accounted for in the next renewal cycle. This regulatory proposal will not affect the state’s en- vironment because it does not involve environmental issues. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: Name: Anita Winslow Address: 2005 Evergreen Street, Suite 1100 Sacramento, CA 95815−3893 Telephone No.: (916) 561−8782 Fax No.: (916) 263−2671 E−Mail Address: anita.winslow@mbc.ca.gov The backup contact person is: Name: Lynn Forsyth Address: 2005 Evergreen Street, Suite 1100 Sacramento, CA 95815−3893 Telephone No.: (916) 561−8785 Fax No.: (916) 263−2671 E−Mail Address: lynn.forsyth@mbc.ca.gov A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, the initial statement of reasons, the Physician Assistant Board’s January 23, 2017 meet- ing minutes, the Physician Assistant Board’s April 24, 2017 meeting minutes, the Physician Assistant Board’s August 11, 2017 meeting minutes, the Physician Assis- tant Board’s October 30, 2017 meeting minutes, and Response From Physician Assistant Committee To Is- sues Raised By Committee Staff In The Background Paper For Sunset Review 2012.

A V AILABILITY OF 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 be- fore the Board adopts the regulation as revised. Please send requests for copies of any modified regulations to the attention of Anita Winslow at the address indicated

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2107 above. The Board will accept written comments on the modified regulation for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Winslow at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout can be accessed through our website at: www.pac.ca.gov. TITLE 18.

DEPARTMENT OF TAX AND FEE ADMINISTRATION The California Department of Tax and Fee Administration Proposes to Adopt California Code of Regulations, Title 18, Division 5 and Amendments to California Code of Regulations, Title 18, Divisions 1, 2, and 2.1 NOTICE IS HEREBY GIVEN that the California Department of Tax and Fee Administration (CDTFA), pursuant to the authority vested in it by Government Code (GC)

section 15570.40, proposes to adopt Cali- fornia Code of Regulations (CCR), title 18, division 5 (division 5) and amendments to CCR, title 18, divisions 1, 2, and 2.1 (divisions 1, 2, and 2.1). The proposed reg- ulatory action implements, interprets, and makes spe- cific the provisions of

part 8.7 (commencing with sec- tion 15570) of division 3 of title 2 of the GC (part 8.7), which made several changes to state government, in- cluding establishing the CDTFA, transferring the du- ties, powers, and responsibilities of the State Board of Equalization (BOE) to administer and collect specified taxes and fees and administer the Cigarette and Tobacco Products Licensing Act of 2003 (Bus. & Prof.

Code (BPC), § 22970 et seq.) (Licensing Act) to the CDTFA, operative July 1, 2017, and providing for appeals from the CDTFA to the Office of Tax Appeals (OTA) regard- ing the taxes and fees administered and collected by the CDTFA and the licensing Act administered by the CDTFA, operative January 1, 2018, as discussed in more detail below.

The CDTFA previously adopted and readopted divi- sion 5 and the amendments to divisions 1, 2, and 2.1 as emergency regulations and the CDTFA is now propos- ing to adopt readopted division 5 and the readopted amendments to divisions 1, 2, and 2.1 through the regu- lar rulemaking process. The CDTFA is also proposing to amend the titles of division 1 and

chapter 11 in divi- sion 1. Division 5 contains the CDTFA’s appeals regula- tions, which are separate from the BOE’s appeals regu- lations in division 2.1, generally incorporate the appli- cable appeals procedures that were in chapters 2 and 5 of division 2.1 to the extent that those procedures are consistent with current law and the organization of the CDTFA, and provide procedures that give taxpayers, other state agencies, and local jurisdictions or entities an opportunity to appeal to the OTA for an appeals hear- ing as provided by current law.

Division 5 also contains the CDTFA’s regulation that prescribes the procedures for the publication of the CDTFA’s annotations, which generally mirrors the procedures in division 2.1 for the publication of the BOE’s annotations.

The amendments to divisions 1, 2, and 2.1 make those divisions consis- tent with the adoption of division 5, make division 2.1 consistent with the amendments to division 2, help readers more easily find the CDTFA’s and BOE’s regu- lations in divisions 1 and 2, and clarify that the BOE’s appeals regulations and the BOE’s regulation prescrib- ing the procedures for the publication of the BOE’s an- notations in division 2.1 no longer apply to the CDTFA. (The CDTFA has prepared a cross−reference matrix be- tween division 5 and the related regulations in divisions 1, 2, and 2.1, and included the matrix in the rulemaking file.) AUTHORITY GC

section 15570.40 authorizes the CDTFA to adopt all of the regulations proposed to be included in division 5, make all of the proposed amendments to divisions 1, 2, and 2.1, and repeal the regulations in divisions 2 and 2.1 that the CDTFA is proposing to repeal. In addition, the following regulations are specifically proposed to be adopted, amended, or repealed in accordance with the CDTFA’s authority in the statutes indicated below: Regulation 1032: Revenue and Taxation Code (RTC)

section 38701 Regulation 1124.1: RTC

section 8251 Regulation 1249: RTC

section 50152 Regulation 1336: RTC

section 9251 Regulation 1422.1: RTC

section 60601 Regulation 1705.1: RTC

section 7051 Regulation 1807: RTC

section 7051 Regulation 1828: RTC

section 7051 Regulation 2251: RTC

section 46601 Regulation 2303.1: RTC

section 40171

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2108 Regulation 2433: RTC

section 41128 Regulation 3022: RTC

section 43501 Regulation 3302.1: RTC

section 45851 Regulation 3502.1: RTC

section 55301 Regulation 4106: RTC

section 30451 Regulation 4508: BPC

section 22971.2 Regulation 4609: BPC

section 22971.2 Regulation 4700: BPC

section 22971.2 Regulation 4701: BPC

section 22971.2 Regulation 4702: BPC

section 22971.2 Regulation 4703: BPC

section 22971.2 Regulation 4903: RTC sections 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5200: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5201: Health and Safety Code (HSC) sec- tions 105190 and 105310, RTC sections 7051, 7202, 7203, 7261, 7262, 7270, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 44003, 45851, 46601, 50152, 55301, and 60601, and Public Utilities Code (PUC) sec- tion 893.

Regulation 5202: HSC sections 105190 and 105310, RTC sections 7051, 7202, 7203, 7261, 7262, 7270, 8251, 9251, 30451, 38701, 43501, 44003, 45851, 46601, 50152, 55301, and 60601, and PUC

section 893 Regulation 5210: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5210.5: GC

section 15606 and RTC sec- tions 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5211: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5212: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5212.5: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5213: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5214: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5215: GC

section 15606 and RTC

section 43501 Regulation 5215.4: GC

section 15606 and RTC sec- tion 55301 Regulation 5215.6: GC

section 15606 and RTC sec- tion 55301 Regulation 5216: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5217: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5218: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5219: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5220: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5220.4: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5220.6: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5221: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5222: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5222.4: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5222.6: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5223: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, 60601 Regulation 5224: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5225: RTC sections 6538.5, 7051, 7700.5, 8251, 8828.5, 9251, 30243.5, 30451, 38435, 38701, 40171, 41128, 43352, 45353, 43501, 45851, 46601, 50120.3, 50152, 55103, 55301, 60333, and 60601 Regulation 5226: RTC sections 6538.5, 7051, 7700.5, 8251, 8828.5, 9251, 30243.5, 30451, 38435, 38701, 40171, 41128, 43352, 45353, 43501, 45851, 46601, 50120.3, 50152, 55103, 55301, 60333, and 60601 Regulation 5227: RTC sections 6538.5, 7051, 7700.5, 8251, 8828.5, 9251, 30243.5, 30451, 38435, 38701, 40171, 41128, 43352, 45353, 43501, 45851, 46303, 46601, 50120.3, 50152, 55103, 55301, 60333, and 60601

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2109 Regulation 5228: RTC sections 6538.5, 7051, 7700.5, 8251, 8828.5, 9251, 30243.5, 30451, 38435, 38701, 40171, 41128, 43352, 45353, 43501, 45851, 46303, 46601, 50120.3, 50152, 55103, 55301, 60333, and 60601 Regulation 5229: RTC sections 6538.5, 7051, 7700.5, 8251, 8828.5, 9251, 30243.5, 30451, 38435, 38701, 40171, 41128, 43352, 45353, 43501, 45851, 46303, 46601, 50120.3, 50152, 55103, 55301, 60333, and 60601 Regulation 5230: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5231: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5231.5: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5232: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5232.4: GC

section 15606 and RTC sec- tion 60601 Regulation 5232.8: GC

section 15606 and RTC sec- tion 30451 Regulation 5233: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5234: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5234.5: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5235: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5236: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5237: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5238: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5239: GC

section 15606 and RTC sec- tions 7051, 7202, 7203, 7261, 7262, and 7270 Regulation 5240: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5241: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5242: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5243: GC

section 15606 and RTC

section 7051 Regulation 5244: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5245: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5246: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5247: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5248: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5249: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5249.4: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5249.6: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5250: GC

section 15606 and RTC sec- tions 7202, 7203, 7261, 7262, and 7270 Regulation 5255: BPC

section 22971.2 Regulation 5256: BPC

section 22971.2 and RTC sec- tion 30451 Regulation 5260: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5261: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5262: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5263: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5264: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5265: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5266: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2110 Regulation 5267: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5268: HSC sections 105190 and 105310, RTC sections 7051, 7202, 7203, 7261, 7262, 7270, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 44003, 45851, 46601, 50152, 55301, and 60601, and PUC

section 893 Regulation 5700: RTC sections 7051, 8251, 9251, 30451, 40171, 41128, 43501, 45851, 46601, 50152, and 55301 Regulation 35001: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35002: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35003: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35004: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, PUC

section 893, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35005: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35006: GC sections 15570.40 and 15606 and RTC sections 7051, 9251, 38701, 46601, and 60601 Regulation 35007: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35008: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35009: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35010: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35011: GC sections 15570.40 and 15606 and RTC

section 43501 Regulation 35012: GC sections 15570.40 and 15606 and RTC sections 55301 Regulation 35013: GC sections 15570.40 and 15606 and RTC sections 55301 Regulation 35014: GC sections 15570.40 and 15606 and RTC sections 55301 Regulation 35015: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35016: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35017: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35018: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35019: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35020: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35021: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35022: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35023: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35024: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35025: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35026: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2111 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35027: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35028: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35029: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35030: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35031: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35032: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35033: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35034: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35035: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35036: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35037: GC sections 15570.40 and 15606 and RTC

section 60601 Regulation 35038: GC sections 15570.40 and 15606 and RTC

section 30451 Regulation 35039: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35040: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35041: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35042: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35043: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35044: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35045: GC sections 15570.40 and 15606 and RTC sections 7051, 7202, 7203, 7261, and 7262 Regulation 35046: GC sections 15570.40 and 15606 and RTC

section 7051 Regulation 35047: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35048: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35049: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35050: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35051: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35052: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35053: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35054: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35055: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2112 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35056: GC sections 15570.40 and 15606 and RTC sections 7051, 7202, 7203, 7261, and 7262 Regulation 35057: BPC

section 22971.2 and GC sec- tions 15570.40 and 15606 Regulation 35058: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, and RTC

section 30451 Regulation 35060: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35061: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35062: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35063: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35064: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35065: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35066: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 7202, 7203, 7261, 7262, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35067: GC sections 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 35101: BPC

section 22971.2, GC sec- tions 15570.40 and 15606, HSC

section 25215.74, and RTC sections 7051, 8251, 9251, 30451, 34013, 38701, 40171, 41128, 42020, 42103, 43501, 45851, 46601, 50152, 55301, and 60601 REFERENCE The following regulations are specifically proposed to be adopted, amended, or repealed in order to imple- ment, interpret, and/or make specific the statutes indi- cated below: Regulation 1032: RTC

section 38454.5 and Family Code sections 297, 297.5, and 308 Regulation 1124.1: RTC

section 7657.5 and Family Code sections 297, 297.5, and 308 Regulation 1249: RTC

section 50112.6 and Family Code sections 297, 297.5, and 308 Regulation 1336: RTC

section 8880 and Family Code sections 297, 297.5, and 308 Regulation 1422.1: RTC

section 60210.5 and Family Code sections 297, 297.5, and 308 Regulation 1705.1: RTC

section 6456 and Family Code sections 297 and 297.5 Regulation 1807: RTC sections 7209 and 7223 Regulation 1828: RTC

section 7270 Regulation 2251: RTC

section 46159 and Family Code sections 297, 297.5, and 308 Regulation 2303.1: RTC

section 40105 and Family Code sections 297, 297.5, and 308 Regulation 2433: RTC

section 41099 and Family Code sections 297, 297.5, and 308 Regulation 3022: RTC sections 43159.1 and 43159.2 and Family Code sections 297, 297.5, and 308 Regulation 3302.1: RTC

section 45158 and Family Code sections 297, 297.5, and 308 Regulation 3502.1: RTC

section 55045.1 and Family Code sections 297, 297.5, and 308 Regulation 4106: RTC

section 30285 and Family Code sections 297, 297.5, and 308 Regulation 4508: BPC sections 22973.1, 22977.2, and 22979 Regulation 4609: BPC sections 22974.7, 22978.7, and 22979.7 Regulation 4700: BPC sections 22974.7, 22978.7, and 22979.7 Regulation 4701: BPC sections 22974.7, 22978.7, and 22979.7 Regulation 4702: BPC sections 22974.7, 22978.7, and 22979.7 Regulation 4703: BPC sections 22971, 22974.3, 22978.2, and 22980.2 and RTC sections 30102, 30102.5, 30103, 30103.5, 30104, 30105, 30105.5, 30106, 30109, 30163, 30431, 30435, 30436, 30438, 30473, and 30474.1

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2113 Regulation 4903: RTC sections 7657.5, 8101 through 8131, 8880, 9151 through 9156, 30285, 30361 through 30384, 38454.5, 38601 through 38607, 40105, 40111 through 40117, 41099, 41100 through 41106, 43159.1, 43159.2, 43451 through 43456, 45158, 45651 through 45656, 46159, 46501 through 46507, 50112.6, 50139 through 50142.2, 55045.1, 55221 through 55226, 60210.5, and 60501 through 60512 Regulation 5200: RTC sections 6561, 6814, 6902, 7710, 8128, 8851, 9152, 30261, 30362, 38441, 38602, 40091, 40112, 41085, 41101, 43301, 43452, 45301, 45652, 46351, 46502, 50114, 50140, 55081, 55222, 60350, and 60522 Regulation 5201: RTC sections 6561, 6814, 6902, 7710, 8128, 8851, 9152, 30261, 30362, 38441, 38602, 40091, 40112, 41085, 41101, 43301, 43452, 45301, 45652, 46351, 46502, 50114, 50140, 55081, 55222, 60350, and 60522 Regulation 5202: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38434, 43352, 45353, 46303, 50120.3, 55103, and 60333 Regulation 5210: RTC sections 6561, 7710, 8851, 30175, 30261, 38441, 40091, 41085, 43301, 45301, 46351, 50114, 55081, and 60350 Regulation 5210.5: RTC sections 6814, 9024, 38564, 46454, and 60474 Regulation 5211: RTC sections 6561, 7710, 8851, 30174, 30175, 30261, 38441, 40091, 41085, 43301, 45301, 46351, 50114, 55081, and 60350 Regulation 5212: RTC sections 6561.5, 7710.5, 8851.5, 30261.5, 38442, 40092, 41086, 43302, 45302, 46352, 50115, 55082, and 60351 Regulation 5212.5: RTC sections 6561.5, 7710.5, 8851.5, 30261.5, 38442, 40092, 41086, 43302, 45302, 46352, 50115, 55082, and 60351 Regulation 5213: RTC sections 6482, 6513, 7674, 7661, 8777, 8803, 30171, 30202, 30223, 38412, 38423, 40072, 40083, 41071, 41082, 43201, 45201, 46201, 46253, 50113, 55061, 60302, and 60314 Regulation 5214: RTC sections 7051, 8251, 9251, 30451, 38701, 40171, 41128, 43501, 45851, 46601, 50152, 55301, and 60601 Regulation 5215: RTC

section 43301 and HSC sec- tion 105310 Regulation 5215.4: Public Resources Code (PRC)

section 42464.6 Regulation 5215.6: Water Code

section 1537 Regulation 5216: RTC sections 6561, 6814, 7710, 8851, 30175, 30261, 38441, 40091, 41085, 43301, 45301, 46351, 50114, 55081, and 60350 Regulation 5217: RTC sections 6562, 7711, 8852, 30175, 30262, 38443, 40093, 41087, 43303, 45303, 46353, 50116, 55083, and 60352 Regulation 5218: RTC sections 6562, 7711, 8852, 30175, 30262, 38443, 40093, 41087, 43303, 45303, 46353, 50116, 55083, and 60352 Regulation 5219: RTC sections 6562, 7711, 8852, 30175, 30262, 38443, 40093, 41087, 43303, 45303, 46353, 50116, 55083, and 60352 Regulation 5220: RTC sections 6981, 8191, 9196, 30421, 38631, 40121, 41107, 43491, 45801, 46551, 50151, 55281, and 60581 Regulation 5220.4: RTC sections 6482, 6513, 7674, 7661, 8777, 8803, 30171, 30202, 30223, 38412, 38423, 40072, 40083, 41071, 41082, 43201, 45201, 46201, 46253, 50113, 55061, 60302, and 60314 Regulation 5220.6: RTC sections 6561, 7710, 8851, 30174, 30261, 38441, 40091, 41085, 43301, 45301, 46351, 50114, 55081, and 60350 Regulation 5221: RTC sections 6536, 7698, 8826, 30241, 38431, 43350, 45351, 46301, 50120.1, 55101, and 60330 Regulation 5222: RTC sections 6538, 7700, 8828, 30243, 38433, 43351, 45352, 46302, 50120.2, 55102, and 60332 Regulation 5222.4: RTC sections 6538, 7700, 8828, 30243, 38433, 43351, 45352, 46302, 50120.2, 55102, and 60332 Regulation 5222.6: RTC sections 6538, 7700, 8828, 30243, 38433, 43351, 45352, 46302, 50120.2, 55102, and 60332 Regulation 5223: RTC sections 6538, 7700, 8828, 30243, 38433, 43351, 45352, 46302, 50120.2, 55102, and 60332 Regulation 5224: RTC sections 6538, 7700, 8828, 30243, 38433, 43351, 45352, 46302, 50120.2, 55102, and 60332 Regulation 5225: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38435, 43352, 45353, 50120.3, 55103, and 60333 Regulation 5226: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38435, 43352, 45353, 46303, 50120.3, 55103, and 60333 Regulation 5227: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38435, 43352, 45353, 46303, 50120.3, 55103, and 60333 Regulation 5228: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38435, 43352, 45353, 46303, 50120.3, 55103, and 60333 Regulation 5229: RTC sections 6538.5, 7700.5, 8828.5, 30243.5, 38435, 43352, 45353, 46303, 50120.3, 55103, and 60333 Regulation 5230: RTC sections 6901, 6902, 8101, 8101.1, 8101.6, 8101.7, 8102, 8126, 8128, 9151, 9152, 30176, 30176.1, 30176.2, 30177, 30361, 30362, 38601, 38602, 40111, 40112, 41100, 41101, 43451, 43452,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 48-Z 2114 45651, 45652, 46501, 46502, 50139, 50140, 55221, 55222, 60501, 60502, 60507, 60521, and 60522 and Water Code section