California Regulatory Notice Register — Register 2022, No. 40-Z (OCTOBER 7, 2022)

Cal. Reg. Notice Reg. 2022, No. 40

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 40-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 7, 2022 (Continued on next page) PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0927–08 ....................................... 1163 AMENDMENT MULTI–COUNTY: Butte County Mosquito and Vector Control District Mendocino Lake Community College District STATE AGENCY: Department of Motor Vehicles TITLE 5.

COMMISSION ON TEACHER CREDENTIALING Emergency Permits — Notice File Number Z2022–0927–07 ............................................. 1163 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Plan of Operations — Notice File Number Z2022–0927–01 .......... 1166 TITLE 10. DEPARTMENT OF INSURANCE California Low–Cost Automobile Plan of Operations — Notice File Number Z2022–0927–02 .................. 1169 TITLE 10. DEPARTMENT OF INSURANCE California Low–Cost Automobile Plan of Operations — Notice File Number Z2022–0927–03 .................. 1172 TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Plan of Operations — Notice File Number Z2022–0927–04 ........... 1174 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Plan of Operations — Notice File Number Z2022–0927–05 ........... 1177 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Plan of Operations — Notice File Number Z2022–0927–06 ........... 1179 TITLE 14. CONSERV ATION CORPS Selection Process For Private Architectural And Engineering Firms — Notice File Number Z2022–0922–01 ...... 1182

TITLE 16. BUREAU OF AUTOMOTIVE REPAIR Citation and Remedial Training Programs for Automotive Repair Dealers — Notice File Number Z2022–0923–01 ................................................. 1185 TITLE 22./MPP DEPARTMENT OF SOCIAL SERVICES Assembly Bill 819 — Notice File Number Z2022–0923–02 .............................................. 1189

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1191 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1163 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Butte County Mosquito and Vector Control District Mendocino Lake Community College District STATE AGENCY: Department of Motor Vehicles A written comment period has been established commencing on October 7, 2022 and closing on No - vember 21, 2022.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten - tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

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

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

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

s) to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than November 21, 2022. If a public hearing is to be held, oral com - ments may be presented to the Commission at the hearing. TITLE 5.

COMMISSION ON TEACHER CREDENTIALING EMERGENCY PERMITS The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the added text underlined and the deleted text lined out. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF THE PROPOSED ACTION The Commission is proposing to amend sections 80021, 80021.1, 80022, 80023.2, 80026.6, 80027, and 80027.1 related to emergency permits.

Specifically, the Commission is proposing the addition of the follow - ing statement, “Beginning January 1, 2023, employ - ing agencies shall be required to submit applications requesting (type of permit) through the Commission’s online application system.” This statement clarifies that employing agencies will be required to submit emergency permit applications via the Commission’s online application system, eliminating the option to submit paper applications via mail.

Requiring the on - line submission of these applications will significantly reduce issues with improperly filled out paper applica- tions, timely payments, and mailing delays. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments by fax, through the mail, or by email relevant to the proposed action. The written comment period closes at midnight on November 22, 2022. Comments must be received

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1164 by that time or may be submitted at the public hearing, should one be requested. Interested parties may fax their response to (916) 327–3165; write to the Com - mission on Teacher Credentialing, attn. Mika Laidler– Rubio, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email to mika.laidler–rubio@ ctc.ca.gov.

Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE Education Code (EC)

section 44225(

q) authorizes the Commission to adopt the proposed regulations and amendments. These regulations are proposed in order to implement, interpret, and make specif - ic the following: Education Code sections 44225 to 56366 (non-consecutive) pertaining to the emergency permits. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations This rulemaking action proposes amendments to the California Code of Regulations relating to emergency permit application submission. The Commission cur - rently allows employing agencies to submit applica - tions for emergency permits, including Short–Term Staff Permits (STSP), Provisional Internship Permits (PIP), English Learner Permits, and Limited Assign - ment Permits either electronically via the online appli- cation system or via a paper application by mail.

The proposed regulatory changes would require employ - ing agencies to submit emergency permit applications through the online system, eliminating the option to submit paper applications via mail. Therefore, align - ing the way in which emergency permit applications are submitted with current permit applications.

Summary of Effect of the Proposed Rulemaking These proposed regulations would parallel the cur - rent requirements for Commission–approved program sponsors to submit recommendations for program completers online. These regulations make clear the emergency permit applications that will be required to be submitted via the Commission’s online applica - tion system, eliminating the option to submit paper applications via mail. Changes to Title 5 regulations are proposed accordingly to ensure coherence and consistency.

Objectives and Anticipated Benefits of the Proposed Regulations The Commission anticipates that requiring the on - line submission of emergency permit applications will significantly reduce issues with improperly filled out paper applications, timely payments, and mailing delays. This would cut down on the overall time that it takes for processing applications that have errors or issues with the application form.

Additionally, it will improve the communication process in instanc - es where additional information is required from an applicant or employer to complete processing because online communication is faster and more convenient. Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern emergency permits. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations: LOCAL MANDATE These proposed regulations will not impose a man - date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Lo - cal education agencies may choose sponsor educator preparation programs utilizing the proposed regula - tions; however no mandate exists requiring local agen- cies or school districts to have educator preparation programs and, therefore, no reimbursement in accor - dance with

Part 7 (commencing with

section 17500) of the Government Code is required. FISCAL IMPACT Costs to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring reimburse - ment in accordance with

Part 7 (commencing with

section 17500) of the Government Code as sponsoring an educator preparation program which is aligned to the proposed regulations and is not required by law.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1165 Cost or savings to any state agency. None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law. Other non–discretionary costs or savings imposed upon local agencies. None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law. Cost or savings in federal funding to the state. None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law.

HOUSING COSTS No significant effect on housing costs exists. The proposed regulations do not intersect with the cost of housing. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Commission has concluded there is no signif - icant adverse impact on business. The proposed reg - ulations only apply to employing agencies who are submitting an application for Commission–issued emergency permits. Therefore, no businesses will be affected.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California The Commission concludes that it is unlikely that the proposal will create or eliminate jobs within the State of California. Currently, the Commission allows employing agencies to submit applications for emer - gency permits either electronically via the online ap - plication system or via a paper application by mail.

By eliminating the option for paper applications, the workload for staff would likely not be affected because the proposed changes would not impact the actual number of applications that would be submitted, only the method of submission. Creation of New Businesses or Elimination of Existing Business within California The Commission concludes that it is unlikely that the proposal will create any new businesses or elimi - nate any existing businesses within the State of Cali - fornia.

Employing agencies will need to submit emer- gency permit applications through the Commission’s online application system which is already an estab - lished process for other Commission–issued permits. Expansion of Businesses Currently Doing Business within California The Commission concludes that it is unlikely the proposal would cause the expansion of businesses currently doing business within the State of California since employing agencies will continue to submit ap - plications to the Commission. Thus, there will not be a creation of new business or elimination of an existing business.

Benefits of the Regulations The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents. Benefits anticipated from this regulatory action include protecting the en - vironment by reducing the paper waste from applica - tions submitted by the mail. Also, online applications will benefit the health and wellness and worker safety of employing agency employees by allowing them to continue practicing appropriate social distancing.

COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT This proposal does not require a report to be made. EFFECT ON SMALL BUSINESS The proposed regulations will not have a signifi - cant adverse economic impact upon small business. The proposed regulations only apply to employ - ing agencies who are submitting an application for Commission–issued emergency permits.

Business will remain the same and thus will not have an adverse economic impact on small business. ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1166 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 pro - posed 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 Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing.

CONTACT PERSON/ FURTHER INFORMATION General or substantive inquiries concerning the pro- posed action may be directed to Mika Laidler–Rubio by telephone at (916) 327–8697, by mail at Commis - sion on Teacher Credentialing: Attn: Mika Laidler– Rubio, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to Mika.Laidler–Rubio@ctc.ca.gov or Erin Skubal at ESkubal@ctc.ca.gov. General ques - tion inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available.

This in- formation is also available on the Commission’s web- site at http://www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspec - tion and copying throughout the rulemaking process at the Commission office at the above address.

As of the date this notice is published in the Notice Register the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Ini - tial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons. Copies may be obtained by contacting Mika Laidler–Rubio at the addresses or telephone number provided above.

MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non– substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Final Statement of Reasons may be obtained by con - tacting Mika Laidler–Rubio at Mika.Laidler–Rubio@ ctc.ca.gov or Erin Skubal at ESkubal@ctc.ca.gov. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00015 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Au - tomobile Assigned Risk Plan (“CAARP” or “Plan”) Plan of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.4.9 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret and make specific the re - quirements of Insurance Code

Section 11624(e). Insur- ance Code

section 11620(

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1167 with respect to the proposed changes at the following date, time, and place: Date and Time: November 30, 2022, 1:00 p.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary.

WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538-4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on November 30, 2022. Any written materials received after that time will not be considered. Written com - ments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one method to submit written comments.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street, 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–06 Plan rules must be updated to clarify how compa - nies will report voluntary base data for autocycles written in the voluntary market and Automobile Insur- ance Plan data for autocycles written by the Plan. In addition, the miscellaneous nonfleet personal vehicle class for motorcycles eligible for assignment should be expanded to include autocycles. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1168 MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SA VINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California.

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private persons or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e–mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s website.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest, is being sent to all persons on the Insurance Commissioner’s mailing list.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1169 A VAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00016 REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to consider an adjustment to rates for the California Low Cost Automobile In - surance program. Insurance Code

Section 11629.72(

c) provides that, annually, the California Automobile Assigned Risk Plan (“CAARP”) shall submit to the Commissioner a proposed Low Cost Automobile rate and surcharge

schedule for approval. Accordingly, CAARP submit - ted its 2020 rate recommendation, proposing an overall average rate decrease of 2.2%. The Commissioner will consider the current rates and CAARP’s rate proposal and hereby invites public input regarding CAARP’s proposal. Premium rates are specified in the program’s Plan of Operations, approved by the Commissioner. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.6 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES Authority for the promulgation of rates is vested in the Insurance Commissioner pursuant to Califor - nia Insurance Code Sections 11620, 11624, 11629.7, 11629.72, and 11629.79. Premium rates are referenced in

Section 27 and Exhibit E of the Program’s Plan of Operations. The proposed regulation implements, in - terprets and makes specific Insurance Code Sections 11629.72 and 11629.79. Government Code

Section 11340.9(

g) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: November 30, 2022, 1:00 p.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceeding will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538-4461

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1170 All persons are invited to present oral and/or written testimony at the scheduled public hearing. DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on November 30, 2022. Any written materials received after that time will not be considered. Written com - ments may also be submitted to the contact person by e–mail or facsimile transmission. Please select only one method to submit written comments.

Section 11620 of the Insurance Code, a statewide Low Cost Automo- bile Insurance Program. Because the program is established and adminis - tered through the CAARP, CAARP procedures are applied where appropriate and consistent with the low cost automobile insurance statutes. Insurance Code Sections 11620 and 11624 require the Commissioner to hold a public hearing before amending assigned risk plan rates.

Section 11629.7 of the Insurance Code requires that, after a public hearing, the Commissioner shall approve or issue a reasonable plan for the equitable apportion - ment, among insurers, of eligible consumers. The plan also contains rules and rates. This plan, approved by the Commissioner, is referenced in Title 10,

Section 2498.6 of the California Code of Regulations. Under the program, the low–cost auto policy satis - fies financial responsibility laws and provides cover - age of $10,000 for liability for bodily injury or death to one person, subject to a cumulative limit of $20,000 for all persons in one accident, and $3,000 for liability for damage to property. In addition to eligibility and other requirements, the statute sets forth the annual premium rates. In certain cases, surcharges are added to the base rate. The statute also provides procedures for adjusting the rates. Insurance Code

Section 11629.72(

c) provides that, annually, CAARP shall submit to the Commissioner a proposed rate and surcharge for approval. Accord - ingly, CAARP has submitted a proposal to decrease the current rate 2.2% for the liability policy. Further details appear in the application on file with the Com- missioner, which is available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1171 SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states.

This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California. COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private persons or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses.

SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment. ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English.

However, the application itself is based on technical actuarial principles. TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest, is being sent to all persons on the Insurance Commissioner’s mailing list.

A VAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1172 available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10. DEPARTMENT OF INSURANCE REG–2022–00017 REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Low Cost Automobile (“CLCA”) Plan of Operations. Cali- fornia Code of Regulations, Title 10,

Chapter 5, Sec - tion 2498.6 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret and make specific the re - quirements of Insurance Code

Section 11624(e). Insur- ance Code

section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: November 30, 2022, 1:00 p.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1173 California Department of Insurance Office of the Public Advisor 300 Spring Street, 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW LC 22–02 The calculation of Voluntary Private Passenger Nonfleet Liability Net Direct Written Car Years ex - cludes miscellaneous nonfleet personal vehicles and named nonowner applicants. The Low Cost provisions must be updated to expand the list of miscellaneous vehicles from participation to include autocycles. Since autocycles are not eligible to be insured through the Low Cost program, autocycles should therefore be excluded from the base of voluntary vehicles used to determine Low Cost quota shares.

COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1174 TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest, is being sent to all persons on the Insurance Commissioner’s mailing list.

DEPARTMENT OF INSURANCE REG–2022–00018 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Au - tomobile Assigned Risk Plan (“CAARP” or “Plan”) of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.4.9 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret and make specific the re - quirements of Insurance Code

Section 11624(e). Insur- ance Code

section 11620(

Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1175 WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–09 An applicant can choose to pay the annual premium of a CAARP policy over time by either selecting the 5–installment payment option or the premium finance option. To provide the applicant with more time to pay the annual premium without interfering with the re - newal cycle and as an alternative to premium financ - ing, the current 5–installment payment option will be replaced with a 9–installment payment option.

The estimated annual premium deposit percentage and the minimum premium deposit is reduced with the introduction of the 9–installment premium pay - ment option. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1176 COST OR SA VINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest, is being sent to all persons on the Insurance Commissioner’s mailing list.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1177 AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2022–00019 REGARDING THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to address the proposed amendments to the California Automobile Assigned Risk Plan (CAARP) Plan of Operations. AUTHORITY TO ADOPT RULES AND PROCEDURES AND REFERENCE The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret, or make specific the re - quirements of Insurance Code

Section 11624(e). Insur- ance Code

Section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the application at the following date, time, and place: Date: November 30, 2022 Time: 1 p.m. Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 The hearing will continue on the date noted above until all testimony has been submitted or until 5:00 p.m., whichever is earlier.

ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Auto Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street 4th Floor Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1178 dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–08 When coverage for an additional or replacement ve- hicle or a change in driver is requested, a completed Policy Change Request Form (PCR) is submitted di - rectly to the assigned insurer or servicing carrier by (1) mail via the United States Postal Service, (2) de - livery by means other than the United States Postal Service or (3) electronically via facsimile. Electronic submission of the PCR is being expanded to include E–Mail.

Also, the procedure for the submission of any required additional premium payments when the PCR is submitted electronically to the assigned insurer or servicing carrier is clarified. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

Part 7 (commencing with

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1179 posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles. TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice.

The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below. FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e–mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared.

A copy of the Final Statement of Reasons will also be posted on the Department’s website. ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Harrison Street Oakland CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday.

AUTOMATIC MAILING A copy of this Notice, including the Informative Digest, is being sent to all persons on the Insurance Commissioner’s mailing list. A VAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

DEPARTMENT OF INSURANCE REG–2022–00020 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Au - tomobile Assigned Risk Plan (“CAARP” or “Plan”) of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.4.9 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioner’s decision on the proposed changes will implement, interpret and make specific the re - quirements of Insurance Code

Section 11624(e). Insur- ance Code

section 11620(

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1180 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 22–07 The classes of commercial risks subject to prelimi - nary premium audits need to be expanded to include classifications other than (1) all policies with Any Auto coverage symbol, (2) all Federal Motor Carrier Safety Administration (FMCSA), Public Utilities Commis - sion (PUC), and Public Service Commission (PSC) regulated carriers, and (3) all policies with MCS 90 or MCS 90B endorsements. This will provide the servic- ing carrier with flexibility to perform a preliminary premium audit on other commercial risks as deemed necessary.

Part 7 (commencing with

Section

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1181 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SA VINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1182 AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 14.

CONSERVATION CORPS SELECTION PROCESS FOR PRIVATE ARCHITECTURAL AND ENGINEERING FIRMS The California Conservation Corps (Department) proposes to adopt sections 4400, 4401, 4402, 4403, 4404, 4405, 4406, 4407, 4408, 4409, 4410, 4411, 4412, and 4413 of Title 14, Division 19,

Chapter 4 of the California Code of Regulations concerning the selec - tion process for private architectural and engineering firms. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son or their authorized representative no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on November 22, 2022 at 5:00 p.m. Only written comments received by that time will be con - sidered.

Please submit written comments to: Jeffrey Schwarzschild California Conservation Corps 1719 24th Street Sacramento, CA 95816 (916) 341–3207 regulations@ccc.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 4526, Government Code (Gov. Code). Reference: Sections 4525, 4526, 4526.5, 4527, 4528, 4529, 4529.5, 4529.10, 4529.11, 4529.12, 4529.13, 4529.13, 4529.14, 4529.15, 4529.16, 4529.17, 4529.18, 4529.19, and 4529.20, Government Code; and

Article XXII, Sections 1 and 2, California Constitution. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Generally, the California Constitution forbids state agencies from contracting for private companies to perform the services that state civil service employees can perform. In response, California voters adopted Proposition 35 in November 2000. Entitled the “Fair Competition and Taxpayer Savings Act,” Proposition 35 added

Article XXII to the California Constitution to provide that the State of California and all other governmental entities “shall be allowed to contract with qualified private entities for architectural and engineering services for all public works of improve - ment.” (Cal. Const.,

article XXII, § 1.) Proposition 35 also added

chapter 10.1, commenc - ing with

section 4529.10, to the Government Code. “Architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services.” (Gov.

Code, § 4529.10.) Prop- osition 35 also codified the voters’ intent to promote fair competition. ( Id. at § 4529.12.) State agencies en- ter contracts with private firms through a competitive process of advertising for the service, selecting the firm determined to be best qualified, and negotiating a contract with that firm. (Id. at § 4525 et seq.) A state agency is required to develop regulations describing the procedures for contracting with pri - vate architectural and engineering firms. (Gov.

Code, § 4526.) Currently, the Department is unable to con - tract with private architectural and engineering firms because it has not adopted regulations on this subject. Effect of the Proposed Rulemaking: These proposed regulations would create a process for the Department to contract with private architec - tural and engineering firms.

Anticipated Benefits of the Proposed Regulations: The purpose and intent of Proposition 35 includ - ed “remov[ing] existing restrictions on contracting for architectural and engineering services and [al - lowing] state, regional and local governments to use qualified private architectural and engineering firms to help deliver transportation, schools, water, seismic retrofit and other infrastructure projects safely, cost–

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1183 effectively and on time;” “encourag[ing] the kind of public/private partnerships necessary to ensure that California taxpayers benefit from the use of private sector experts to deliver transportation, schools, wa - ter, seismic retrofit and other infrastructure projects;” “promot[ing] fair competition so that both public and private sector architects and engineers work smarter, more efficiently and ultimately deliver better value to taxpayers;” “speed[ing] the completion of a multi– billion dollar backlog of highway, bridge, transit and other projects;” “ensur[ing] that contracting for archi - tectural and engineering services occurs through a fair, competitive selection process, free of undue po - litical influence, to obtain the best quality and value for California taxpayers;” and “ensur[ing] that private firms contracting for architectural and engineering services with governmental entities meet established design and construction standards and comply with standard accounting practice and permit financial and performance audits as necessary to ensure contract services are delivered within the agreed

schedule and budget.” (Initiative Measure (Prop. 35, § 2, approved Nov. 7, 2000, effective Nov. 8, 2000).) The specific benefits anticipated by the proposed regulations include: (1) the Department will be able to complete projects in a timely manner by directly contracting with private firms when State civil ser - vice staff are not available to perform the necessary work; (2) the Department will be able to make annu - al announcements based on the general need for ar - chitectural and engineering services to assist in its overall mission and may enter into requirements con - tracts, also commonly known as “on–call” contracts; (3) “on–call” contracts will allow for expeditious and cost–effective contracting for as–needed projects; and (4) business opportunities for private firms to contract with the Department will be increased.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing state regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the Department’s ability to contract with private architectural and engineering firms.

Forms or Documents Incorporated by Reference: None. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: No fiscal im - pact on Department spending because the cost of con- tracting with private architectural and engineering firms will be comparable to current spending with the Department of General Services for architectural and engineering services.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action. Businesses are not required to apply for contracting opportunities with the Department.

These regulations could result in additional income for busi- nesses if they choose to participate in the program and are selected for a project. Significant effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that that the proposed action will not have a sig - nificant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses within the state, (3) likely that the proposal will result in the ex - pansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal would benefit the health and welfare of California residents by allowing the Depart - ment to use qualified private architectural and engineering firms to help deliver projects safely, cost–effectively, and on time.

(2) The proposal would benefit worker safety by al - lowing the Department to contract with private architectural and engineering firms, thereby en - abling the Department to resolve and avoid proj - ect delays that may otherwise jeopardize worker safety.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1184

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement: None. Small business determination: The Department has determined that the proposed action affects small businesses. Small businesses will have more of an opportunity to compete for contracts under these regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative considered by the Department or that has been brought to the atten - tion of the Department would be more effective in car- rying out the purpose for which the action is proposed or would be as effective and less burdensome to affect- ed private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Department has determined that the proposed regulations are the most effective way to contract with private architectural and engineering firms. The reg - ulations do not create any burden because applying to contract with the Department is voluntary. These regulations increase business opportunities for private firms because they will allow the Department to select private firms to complete necessary projects.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Jeffrey Schwarzschild California Conservation Corps 1719 24th Street Sacramento, CA 95816 (916) 341–3207 regulations@ccc.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Dan Millsap California Conservation Corps 1719 24th Street Sacramento, CA 95816 (916) 341–3105 dan.millsap@ccc.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying through - out the rulemaking process at its office at the above address.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Reg - ister, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based are available on the Department’s website at https:// ccc.ca.gov/who–we–are/architectural–engineering– contracting/.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://ccc.ca.gov/who–we–are/architectural– engineering–contracting/. Please refer to the contact information listed above to obtain a written copy of the Final Statement of Reasons. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, the express terms, the Ini - tial Statement of Reasons, and any information upon which the proposed rulemaking is based are available

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1185 on the Department’s website at https://ccc.ca.gov/ who–we–are/architectural–engineering–contracting/ . TITLE 16. BUREAU OF AUTOMOTIVE REPAIR CITATION AND REMEDIAL TRAINING PROGRAMS FOR AUTOMOTIVE REPAIR DEALERS NOTICE IS HEREBY GIVEN that the Depart - ment of Consumer Affairs, Bureau of Automotive Re- pair (hereinafter “Bureau” or “BAR”) is proposing to take the action described in the Informative Digest/ Policy Statement Overview below, after considering all comments, objections, and recommendations re - garding the proposed action.

Any person interested may present statements or arguments relevant to the action proposed in writing. 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 office on Monday, November 21, 2022. The Bureau has not scheduled a public hearing on this proposed action. The Bureau will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

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

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal. AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC or Bus. & Prof.

Code) sec - tions 12.5, 125.9, 148, 9882, 9884.7, and 9884.19, and to implement, interpret, or make specific BPC sec - tions 10, 27, 30, 31, 114.5, 115.4, 118, 125.9, 135.4, 141, 142, 148, 149, 163.5, 302(d), 480, 9882, 9882.3, 9884, 9884.7, 9884.8, 9884.9, 9884.10, and 9884.11; Health and Safety Code (HSC) sections 44002, 44031.5, 44050, and 44052; and Government Code sec - tions 87100, 11430.10, 11430.20, 11430.30, 11430.40, 11425.30, 11425.40, 11445.10, 11445.20, 11505, and 11522, the Bureau is considering amending

Article 11.1, sections 3394.25, 3394.26, and 3394.27, sections 3394.40, 3394.41, 3394.42, 3394.43, 3394.44, 3394.45, and 3394.46 of

Article 11.2, adding sections 3394.50, 3394.51, 3394.52, 3394.53, 3394.54, and 3394.55 to a new

Article 11.3, and adding sections 3395.7, 3395.8, 3395.9, and 3395.10 to a new

Article 12.5 to the Cali- fornia Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department of Consumer Affairs (DCA), Bu - reau of Automotive Repair (BAR or Bureau) is the state agency charged with licensing automotive repair dealers (ARDs), smog check stations, STAR stations, brake and lamp stations, and their respective inspec - tors, repair technicians, and adjusters. The Bureau is responsible for issuing citations to licensees who con- duct smog checks for violations of Health & Safety Code (HSC) 44000 et seq.

The Bureau, as a designee of the Director of DCA, is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and/ or administrative fines for violations by a licensee or contractor of HSC

section 44000 et seq. and any reg - ulations adopted pursuant those statutes. (Cal. Code Regs., tit. 16, § 3394.25.) In the event of misconduct such as negligent acts, violations of trade standards, or other violations of concern, the Bureau may issue a citation to an ARD for applicable violations under Business and Profes - sions Code (BPC)

section 9882. Though BPC

section 125.9 authorizes the Bureau to establish an ARD cita- tion program, the Bureau has not yet implemented this statute in regulation. Currently, when these violations do not rise to a level warranting discipline through an administrative action, the Bureau addresses these vi - olations with the ARD through education efforts such as notification on a Station Inspection Report, and/or various conferences with Bureau representatives. The Bureau needs a tool to address more serious violations of the Automotive Repair Act (Act) that do not rise to the level of an administrative action.

When BAR issues a citation, consumers will be able to access this information when BAR posts information to the inter- net pursuant to BPC

section 27. This information will assist consumers in making a more informed decision when choosing a repair facility. Assembly Bill (AB) 471 (Low,

Chapter 372, Statutes of 2021), enacted in 2021, authorizes the Bureau, on or after July 1, 2023, to establish an informal citation appeal process for citations issued to ARDs for vio - lations of the Act. The bill authorizes BAR to create a three–member panel appointed by the Bureau chief to conduct informal citation review conferences. The

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1186 panel must consist of three members, one represen - tative from the Bureau, one from the public, and one from the automotive repair industry. (Bus. & Prof. Code, § 9882 subdivision (a)(2)(A).) Additionally, AB 471 authorizes the Bureau to create a remedial training program, and process for certifying providers of remedial training, for ARDs that receive a citation for a violation of the Act the Bu- reau defines as minor in nature. (Bus. & Prof.

Code, § 9884.7, subdivision (d)(2).) An ARD that successful- ly completes the remedial training will be able to pre - vent disclosure of the citation on the internet. (Bus. & Prof. Code, § 9882, subdivision (a)(2)(B)(i).) This non– disclosure may be used once every 18 months. (Bus. & Prof. Code, § 9882, subdivision (a)(2)(B)(ii).) In this rulemaking proposal, the Bureau propos - es to: (1) amend

Article 11.1 and existing sections 3394.25, 3394.26, and 3394.27 of

Article 11.1 of Di - vision 33 of Title 16 of the California Code of Regu - lations (CCR) and sections 3394.40, 3394.41, 3394.42, 3394.43, 3394.44, 3394.45, and 3394.46 of

Article 11.2 of the CCR; and (2) adopt sections 3394.50, 3394.51, 3394.52, 3394.53, 3394.54, and 3394.55 in a new Arti- cle 11.3, and adopt sections 3395.7, 3395.8, 3395.9, and 3395.10 in a new

Article 12.5 of Title 16 to the CCR, as follows: ●

Article 11.1 and sections 3394.25, 3394.26, and 3394.27 (Article 11.1). Existing law provides for the issuance of citations for violations of the smog check inspection program. The Bureau will correct gendered pronouns and make clarifying changes to differentiate the smog check citation program in

Article 11.1 from the unlicensed ac - tivity citation program, and the proposed ARD citation program. ● Sections 3394.40, 3394.41, 3394.42, 3394.43, 3394.44, 3394.45, and 3394.46 (Article 11.2). Ex- isting law provides for the issuance of citations to those performing automotive repair for com - pensation without a valid ARD registration. The Bureau will correct gendered pronouns and make clarifying changes to differentiate the unlicensed activity citation program in

Article 11.2 from the smog check citation program, and the proposed ARD citation program. ● The Bureau will create a new

Article 11.3 to es - tablish a citation program for Act violations by registrants. ● New

section 3394.50 will establish the Bureau’s authority to issue fines and orders of abatement for violations of the Act and establish the required contents of citations. ● New

section 3394.51 will establish the factors the Bureau will consider when issuing a fine and the amount thereof if a fine is issued. ● New

section 3394.52 will establish how regis - trants shall comply with citations and orders of abatement. ● New

section 3394.53 will establish how regis - trants may contest citations and detail the pro - cess for requesting an informal citation review conference. ● New

section 3394.54 will establish how the in - formal citation conference panel is appointed, the process for objecting to members of the panel, disqualification of panel members, and the infor - mal citation review conference hearing process. ● New

section 3394.55 will establish registrants’ eligibility for nondisclosure of citations on the internet. ● The Bureau will create a new

Article 12.5 to es - tablish the remedial training program for cited registrants. ● New

section 3395.7 will establish the required el- ements of the remedial training course required to prevent citation Internet disclosure for eligible registrants. ● New

section 3395.8 will establish the application requirements to obtain Bureau certification to teach remedial training courses. ● New

section 3395.9 will establish the general course requirements for courses taught by certi - fied remedial training course providers. ● New

section 3395.10 will establish the grounds for denial or revocation of certification of remedi- al training providers. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The Bureau’s establishment of an ARD citation pro- gram for violations of the Act will enhance public pro- tection of the by incentivizing good behavior by reg - istrants. It will deter violations and educate violators of the act when registrants attend remedial training. The establishment of an informal citation conference review process will add a second layer of review for citations and will eliminate unnecessary administra - tive appeals.

The Bureau’s establishment of a remedial training program will enhance public protection by incentiviz- ing violators to obtain additional training on the Bu - reau’s laws and regulations. The Bureau expects train- ing to result in greater adherence to the Bureau’s laws and regulations. To ensure the training is effective and beneficial, the Bureau will establish a training provid- er certification process to make sure that only those with the appropriate expertise offer remedial training.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1187 CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, BAR has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither duplicative, nor inconsis- tent, nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Bureau has made the following determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Bureau anticipates workload and costs relat - ed to the issuance citations and fines, as well as for certifying remedial training course providers. Total workload and costs are estimated at approximately $848,000 per year and up to $8.5 million over a ten– year period.

Citations and Fines: The Bureau estimates 1,200 citations and fines will be issued per year and antici - pates workload costs of approximately $400 per cita - tion, which results in workload costs of approximately $493,200 per year and up to $4.9 million over a ten– year period. Citation Extension: The Bureau estimates 25 ARDs issued a citation will seek an extension each year, which will result in workload and costs estimated at $280 per extension request with total costs of $7,000 per year and up to $70,000 over a ten–year period.

Citation Appeals: The Bureau estimates 15 percent (or 180) of citations issued per year will be appealed, beginning with an informal conference held by the In- formal Citation Review Conference Panel to affirm, modify, or dismiss the citation. However, because the citation (issuance) process includes multiple internal levels of review and approval, the Bureau does not anticipate significant numbers of modifications or dis- missals of citations or fines.

Based on the Bureau’s experience with its two other citation programs, the Bureau estimates 54 appealed cases will be referred onto the Attorney General and Office of Administration (AG/OAH) with 18 percent (32) of cases resulting in a stipulated settlement agree- ment and 12 percent (22) of cases resulting in a hear - ing default settlement. Appeals workload and costs are estimated at $340,360 per year and up to $3.4 million over a ten–year period.

Registration: The Bureau estimates 25 attorneys will apply for registration to provide remedial train - ing courses with workload costs of $289 per registra - tion, which results in workload costs of approximate - ly $7,250 per year and up to $72,250 over a ten–year period. The Bureau notes, no registration fees are being assessed because current law does not authorize a fee to be charged. Any workload costs will be offset by penalty revenues and/or absorbed within existing resources. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Effect on Housing Costs: None. Business Impact: The Bureau has made an initial determination the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including small businesses and the ability of California businesses to compete with businesses in other states. These proposed regulations establish a citation program for automotive repair dealers.

Should a licensee or an employee of a licensee violate the laws and regulations of the Bureau that warrant a citation, the citation and fine issued is not sufficient to eliminate a particular job or ARD. The fine issued is avoidable if the licensee or employee of the licensee complies with the Bureau’s rules and regulations. Cost Impact on Representative Private Person or Business: These proposed regulations establish a citation pro - gram for automotive repair dealers.

Should a licens - ee or an employee of a licensee violate the laws and regulations of the Bureau that warrant a citation, the citation and fine issued is not sufficient to eliminate a particular job or ARD. The fine issued is avoidable, should the licensee or employee of the licensee comply with the rules and regulations of the Bureau. It is paramount ARDs follow the appropriate repair procedures and business processes in accordance with the laws. The purpose of the proposed regulations is to ensure safe automotive repairs and promote best busi- ness practices for California consumers.

The Bureau estimates up to 1,200 citations will be issued to ARDs per year with an average fine amount of $500, which would result in penalty payments of $600,000 per year and up to $6 million over a ten–year period. The Bureau notes ARDs issued a citation will be required to pay the fine amount but may enroll in a re- medial training program to mitigate public disclosure of that citation on the internet. The average cost to en- roll and complete the remedial training is estimated at $120 per training course.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1188 The Bureau does not have an estimate of the num - ber of ARDs being issued a citation (1,200), which may opt to complete remedial training, but anticipates some ARDs issued a citation will participate in reme - dial training. As a result, training costs are estimated to range from $0 to $144,000 per year and up to $1.44 million over a ten–year period. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS This regulatory proposal will have the following effects: ● Insofar as it creates a new remedial training pro - gram, it may create jobs for the those who be - come certified remedial training providers within the State of California. Insofar as it creates a cita- tion program for ARDs, it is not anticipated that it will create jobs. ● Insofar as it creates a new remedial training pro - gram, it may create new businesses for the those who become certified remedial training providers within the State of California and establish busi - nesses.

Insofar as it creates a citation program for ARDs, it is not anticipated that it will create businesses. ● Insofar as it creates a new remedial training pro - gram, it may expand businesses for the those who become certified remedial training providers within the State of California and expand their businesses.

Insofar as it creates a citation pro - gram for ARDs, it is not anticipated that it will expand businesses. ● This regulatory proposal will have a positive im - pact on the health and welfare of California citi - zens to the extent remedial training and the pros - pect of being cited for violations promotes safer automotive repairs, auto body repairs, and ethical behavior of ARDs and their workers. ● This regulatory proposal may have a positive im- pact on worker safety to the extent remedial train- ing and the prospect of being cited for violations promotes safer automotive repairs, auto body re - pairs, and ethical behavior of ARDs and their workers. ● This regulatory proposal has no effect on the en - vironment because it does not involve factors af - fecting the environment.

EFFECT ON SMALL BUSINESS BAR has determined that the proposed regulatory action will not have an effect on small businesses as ARDs are already required to comply with the Bu - reau’s laws and regulations. The fine issued is easily avoidable if the licensee or employee of the licensee complies with the Bureau’s laws and regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Bureau must determine that no rea- sonable alternative that it considered or that has oth - erwise been identified and brought to the attention of the Bureau would be more effective in carrying out the purpose for which it was proposed or would be as effective and less burdensome to affected private persons than the adopted regulation or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements oral - ly or in writing relevant to the above determinations at any requested hearing. A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1189 modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

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

CONTACT PERSON Inquiries or comments concerning the proposed ad - ministrative action may be addressed to: Holly O’Connor Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8627 E–mail: Holly.OConnor@dca.ca.gov The backup contact person is: Mathew Gibson Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8060 E–mail: Mathew.Gibson@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can also be found on BAR’s Website at https://www.bar.ca.gov/About_ BAR/Regulatory_Actions.aspx . TITLE 22/MPP.

DEPARTMENT OF SOCIAL SERVICES AB 819 REGULATIONS PACKAGE FOR SMALL FAMILY HOMES AND GROUP HOMES California Department of Social Services (CDSS) hereby gives notice of the proposed regulatory action described below. Any person interested may pres - ent statements or arguments relating to the proposed regulations in writing, e–mail, or by facsimile to the address, e–mail address, or numbers listed below. All comments must be received by November 21, 2022.

Following the close of the public notice, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period and all persons who request notification on this proposal. Please address requests for regulations as modified to the agency contact iden- tified below.

Copies of the express terms of the proposed regu - lations and the Initial Statement of Reasons are avail - able from the office listed below. This notice, the Ini - tial Statement of Reasons and the text of the proposed regulations are available on CDSS’ public hearing page ( http://www.cdss.ca.gov/inforesources/Letters– Regulations/Legislation–and–Regulations/CDSS– Regulation–Changes–In–Process–and–Completed– Regulations/Public–Hearing–Information ).

Additionally, all the information which CDSS consid- ered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below.

Following the public notice peri- od, copies of the Final Statement of Reasons will also be available at the following address: CONTACT: California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2586, Fax: (916) 654–3286 Email: ord@dss.ca.gov Contact Person: Tyler Penn (916) 657–2586 Backup: Oliver Chu (916) 657–2586 CDSS has not scheduled a public hearing on this proposed action. However, CDSS will hold a public hearing if it receives a written request for a public

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1190 hearing from any interested person, or his or her au - thorized representative, no later than 15 days before the close of the written comment period. Any request should be made to the contact information provided above. CHAPTERS Title 22, Division 6,

Chapter (Small Family Homes) Title 22, Division 6,

Chapter 5 (Group Homes) INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (

a) Assembly Bill 819 (Chapter 777, Statutes of 2019) amended

section 1507.25 of the Health and Safe- ty Code (HSC), authorizing specified staff mem - bers to administer injections and/or provide assis- tance with self–administration to a foster child in placement. This change authorized more individ- uals to be able to assist or administer injections, including insulin, as well as glucose monitoring, to children in placement reducing a need for med- ical staff. (

b) Due to the changes implemented to HSC

section 1507.25, the California Department of Social Ser- vices (“CDSS or the “Department”), Children’s Residential Program began developing this reg - ulation package that adds new sections to the Small Family Homes and Group Homes regula - tions, bringing them in line with the requirements in HSC

section 1507.25. (

c) Regulations similar to these already exist in Cal - ifornia Code of Regulation (CCR), Title 22, Di - vision 6,

Chapter 9.5,

Section 89475.1 Emer - gency Medical Assistance, Injections, and Self– Administration of Medications (for Foster Family Homes) in 2010. The proposed regulations apply to Small Family Homes and Group Homes and closely mirror existing regulation language. (

d) CCR, Title 22,

Section 80075, currently notes that “(f)acility staff, except those authorized by law, shall not administer injections but staff des - ignated by the licensee shall be authorized to as - sist clients with self–administration of injections as needed.” These proposed regulations provide the following: (1) they further clarify the individ- uals that are authorized by law to provide emer - gency medical assistance injections and self– administration of medications; (2) the regula - tions outline the requirements for those individ - uals to be able to assist (e.g., training); and (3) the regulations provide updated

definitions that meet statutory guidelines and provide reference for stakeholders. (

e) The broad objective of these regulations is to out- line who may administer injection medications to dependent children or assist children in self– administering injection medications. (

f) Benefits of the proposed regulations include pro- viding clarity for caregivers and increased safe - ty through training requirements. The proposed regulations will improve caregivers’ ability to protect the health and safety of children receiving their services and assist children in their develop- ment of life skills. (

g) After conducting a review for any related regula- tions, the Department has determined that these are the only regulations concerning Small Fami - ly Homes and Group Homes. Therefore, the pro - posed regulations are neither inconsistent nor in - compatible with existing state regulations. COST ESTIMATE (

a) Costs or Savings to State Agencies: No Fiscal Impact. (

b) Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: No Fiscal Impact. (

c) Nondiscretionary Costs or Savings to Local Agencies: No Fiscal Impact. (

d) Federal Funding to State Agencies: No Fiscal Impact. LOCAL MANDATE STATEMENT These regulations do not impose a mandate on local agencies and there are no state–mandated local costs in these regulations that would require state reim - bursement under

Section 17500 et seq. of the Govern- ment Code. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. These regulations largely put existing statute into practice.

CDSS is in regular contact with impacted facilities and has made an initial determination that the proposed action will not have a significant, state - wide adverse economic impact directly affecting busi- nesses, including the ability of California businesses to compete with businesses in other states. Licensees will have to arrange and pay for staff training regard -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 40-Z 1191 ing HSC

section 1507.25; however, training has been necessary since the statute took effect in 2010 and, therefore, does not necessitate any new costs. STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES The Department has determined that there is no impact on businesses or private persons. While busi - nesses will be required to provide for staff training, this training has been necessary since the statute took effect in 2010 and, therefore, does not necessitate any new costs.

The Department is not aware of any cost impacts that a representative private person would incur in reasonable compliance with the proposed action. SMALL BUSINESS IMPACT STATEMENT The Department has determined that there is no im- pact on small businesses. While small businesses will be required to provide for staff training, this training has been necessary since the statute took effect in 2010 and, therefore, does not necessitate any new costs. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT (

a) The proposed regulations add, remove, and clar - ify components to existing regulations of Small Family Homes and Group Homes as a result of changes in statutory requirements and as oth - erwise identified by CDSS and stakeholders as deemed necessary and/or as requiring change for clarity, consistency, or to ensure the health and safety of the youth these licensees serve. For these reasons, CDSS does not anticipate that the proposed regulations will have an impact on the creation or elimination of jobs in California. (

b) The proposed regulations add, remove, and clar - ify components to existing regulations of Small Family Homes and Group Homes as a result of changes in statutory requirements and as oth - erwise identified by CDSS and stakeholders as deemed necessary and/or as requiring change for clarity, consistency, or to ensure the health and safety of the youth these licensees serve. For these reasons, CDSS does not anticipate that the proposed regulations will create new, or elimi - nate current, businesses within California. (

c) The proposed regulations add, remove, and clar - ify components to existing regulations of Sma

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 40
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	612a763818bf7db329592fb642132e6f82436ce6

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