GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 24−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JUNE 14, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM Public Employees’ Medical and Hospital Care Act (PEMHCA) Regulations: Various Technical Revisions — Notice File Number Z2019−0604−01 .......................... 867 TITLE 2. FAIR EMPLOYMENT AND HOUSING COUNCIL Religious Creed and Age Discrimination — Notice File Number Z2019−0604−04 ........................... 869 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Materiality Standards — Notice File Number Z2019−0604−02 .......................................... 871 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Materiality Standards — Business Entities — Notice File Number Z2019−0604−03 .......................... 873 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD Implementation of the Public Employee Communication

Chapter and Implementation of the Prohibition on Public Employers Deterring or Discouraging Union Membership — Notice File Number Z2019−0603−04 ................................. 874 TITLE 17. DEPARTMENT OF PUBLIC HEALTH Newborn Screening Forms — Notice File Number Z2019−0530−01 ...................................... 891 TITLE 18. BOARD OF EQUALIZATION County Survey Cycles — Notice File Number Z2019−0604−05 .......................................... 894 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Lower Bear Creek Instream Habitat Enhancement Project (Tracking Number: 1653−2019−038−001−R1) Humboldt County ........................................ 899 (Continued on next page) Time- Dated Material

DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−033−001−R1, Parks Creek Fish Passage and Cardoza Ranch Efficiency Project, Montague, Siskiyou County .......................................... 900 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−034−001−R1, South Fork Elk River Debris Jam Barrier Modification, Humboldt County ........... 902 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−035−001−R1, San Geronimo Creek Restoration Project, Marin County .......................... 904 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−036−001−R1, Janes Creek at Alliance Road Fish Passage Improvement Project, Humboldt County ................................................. 906 DECISION NOT TO PROCEED CALIFORNIA PRISON INDUSTRY AUTHORITY Concerning Incentive Compensation Authority (Previously Published in Notice Register 2019, Number 1−Z) ........................................... 908

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 908 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM NOTICE IS HEREBY GIVEN that the Board of Ad- ministration (Board) of the California Public Employ- ees’ Retirement System (CalPERS) proposes to take the regulatory action described below after considering public comments, objections, or recommendations. I.

PROPOSED REGULATORY ACTION In this filing, the Board proposes to amend § 599.500 through § 599.516 of the California Code of Regula- tions (CCR), Title 2, entitled “Definitions, Coverage, Enrollment, Conversion, Minimum Standards, Alter- native Benefit Plans, Contributions, Contingency Re- serve Fund, Contracting Agency Participation and Medicare Part B.” The proposed regulations will make changes to inaccurate code

section references, out−of− date language and other technical changes to bring the regulations into alignment with current law and practices. II. WRITTEN COMMENT PERIOD Any interested person may submit written comments relevant to the proposed regulatory action. The written comment period closes on July 29, 2019. The Regula- tions Coordinator must receive all written comments by the close of the comment period.

Comments may be submitted via fax at (916) 795−4607; e−mail at Regulation_Coordinator@calpers.ca.gov or mailed to the following address: Anthony Martin, Regulation Coordinator California Public Employees’ Retirement System P.O. Box 942702 Sacramento, California 94229−2702 Phone: (916) 795−3038 III. PUBLIC HEARING Pursuant to Government Code (GC) § 11346.8, a public hearing on this matter has not been scheduled.

However, if an interested person or his or her duly au- thorized representative submits in writing to the CalPERS Regulations Coordinator a request for a pub- lic hearing no later than 15 days prior to the close of the written comment period, a public hearing shall be scheduled before the CalPERS Pension and Health Benefits Committee. Notice of the time, date, and place of the hearing will be provided to every person who has filed a request for notice with CalPERS. IV .

ACCESS TO HEARING ROOM The hearing room will be accessible to persons with mobility impairments, and it can be made accessible to persons with hearing or vision impairments upon ad- vance request to the Regulation Coordinator. V . AUTHORITY AND REFERENCE The Board has general authority to take regulatory action under GC §§ 22750, 22751, 22775, 22794, 22796, 22797, 22818. The Board has specific authority to amend § 599.500, subdivision (o). Reference cita- tion: California Government Code §§ 22775 and 22796. VI.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CalPERS benefit programs and administrative pro- cesses are subject to numerous regulatory require- ments, several of which have been identified by team members as outdated, as subject to confusion among stakeholders, or which otherwise represent an opportu- nity to realize efficiencies through their modification or clarification. In these cases, the recommended regula- tory changes are appropriate for the continued adminis- tration and good governance of CalPERS. CalPERS seeks to make changes to inaccurate code

section references and other technical changes to bring the regulations into alignment with current law and practices. Currently, the Public Employees’ Medical and Hospital Care Act (PEMHCA) regulations mention statutes and agencies that no longer exist; reference an- tiquated terms and outdated provisions and practices; and have cross−references that are inaccurate. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The proposed regulatory action will not affect worker safety or the state’s environment. The proposed regula- tions will make changes to inaccurate code

section ref- erences, out−of−date language and other technical changes to bring the regulations into alignment with current law and practices. 867

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z EV ALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS CalPERS has evaluated and determined that the pro- posed regulations are not inconsistent, nor incompati- ble with existing State regulations. There are no other comparable existing State regulations pursuant to GC

Section 11346.5, subdivision (a), paragraph (3)(D). VII. EFFECT ON SMALL BUSINESS The proposed regulatory action does not affect small business because it applies only to the California Public Employees’ Retirement Law. VIII. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION A. MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS: The proposed regulatory action does not impose requirements on local agencies and school districts that contract with CalPERS above and beyond the normal scope of health enrollment procedures. B.

COST OR SA VINGS TO ANY STATE AGENCY: The proposed regulatory action will not reflect a cost or savings to any State agency. C. COST TO ANY LOCAL AGENCY OR SCHOOL DISTRICT: The proposed regulatory action will not impose costs to any local agency or school district. D. NONDISCRETIONARY COSTS OR SA VINGS IMPOSED ON LOCAL AGENCIES: The proposed regulatory action will not impose nondiscretionary costs or savings on local agencies. E. COSTS OR SAVINGS IN FEDERAL FUNDING TO THE STATE: There are no costs or savings in federal funding to the state. F.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES: The Board concludes that the adverse economic impact, including the ability of California businesses to compete with businesses in other states, will not be significant. G. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES: CalPERS is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. H.

RESULTS OF ECONOMIC IMPACT ASSESSMENT: The proposed regulatory action will not: (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; (3) affect the expansion of businesses currently doing business within California; or (4) affect worker safety or the state’s environment. CalPERS believes making corrections to inaccurate code

section references and other nontechnical changes to regulations benefits the health and welfare of California residents by ensuring program integrity and sustainability of the CalPERS health benefits programs which cover more than 1.5 million active and retired state, local government, and school employees, and their family members. I. EFFECT ON HOUSING COSTS: The proposed regulatory action will have no significant effect on housing costs. J.

COST TO ANY LOCAL AGENCY OR SCHOOL DISTRICT WHICH MUST BE REIMBURSED IN ACCORDANCE WITH GC SECTIONS 17500 THROUGH 17630: There are no costs to any local agency or school district which must be reimbursed in accordance with GC Sections 17500 through 17630. IX. CONSIDERATION OF ALTERNATIVES In accordance with GC

Section 11346.3, subdivision (a), paragraphs (

A) through (D), the Board must deter- mine that no reasonable alternative considered by the Board or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the provi- sions of the law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period. X. CONTACT PERSONS Please direct inquiries concerning the substance of the proposed rulemaking action to: 868

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z Yesenia Croft, Assistant Division Chief Health Account Management Division California Public Employees’ Retirement System P.O. Box 720724 Sacramento, CA 94229−0724 Telephone: (916) 795−0938 Fax: (916) 795−4105 E−Mail: Yesenia.Croft@calpers.ca.gov Richard Ramsey, Staff Services Manager II (Backup contact) Health Account Management Division California Public Employees’ Retirement System P.O.

Box 720724 Sacramento, CA 94229−0724 Telephone: (916) 795−1546 Fax: (916) 795−4105 E−Mail: Richard.Ramsey@calpers.ca.gov Please direct requests concerning processing of this rulemaking action or other information upon which the rulemaking is based to the CalPERS Regulation Coor- dinator, at the address shown in

Section II. XI. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for public in- spection through the Regulations Coordinator at the ad- dress shown above. To date, the file consists of this no- tice, the proposed text of the regulations, and the Initial Statement of Reasons (ISOR). A copy of the proposed text and the ISOR is available at no charge upon tele- phone or written request to the Regulations Coordinator. The Final Statement of Reasons can be obtained, once it has been prepared, by written request to Antho- ny Martin, Regulation Coordinator, at the address shown in

Section II. For immediate access, the regulatory material regard- ing this action can be accessed at CalPERS’ website at www.calpers.ca.gov. XII. A V AILABILITY OF CHANGED OR MODIFIED TEXT The Board may, on its own motion or at the recom- mendation of any interested person, modify the pro- posed text of the regulations after the public comment period closes.

If the Board modifies its regulatory action, it will pre- pare a comparison of the original proposed text and the modifications for an additional public comment period of not less than 15 days prior to the date on which the Board adopts, amends, or repeals the resulting regula- tion. A copy of the comparison text will be mailed to all persons who submitted written comments or asked to be kept informed as to the outcome of this regulatory action. XIII.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting the CalPERS Regulation Coordinator at the address shown in Sec- tion II. TITLE 2.

FAIR EMPLOYMENT AND HOUSING COUNCIL REGULATIONS REGARDING RELIGIOUS CREED AND AGE DISCRIMINATION The Fair Employment and Housing Council (Coun- cil) of the Department of Fair Employment and Hous- ing (DFEH) proposes to amend sections 11016, 11063, 11075, 11076, 11078, and 11079 of Title 2 of the Cali- fornia Code of Regulations after considering all com- ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Council will hold a public hearing starting at 10:00 a.m. on July 31, 2019, at the following location: Elihu M.

Harris State Building 1515 Clay Street, Room 2 Oakland, CA 94612 At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Council requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The meeting facilities are accessible to individuals with physical disabilities.

Anyone who requires an aux- iliary aid or service for effective communication, or a modification of policies or procedures to participate in the meeting, should contact Brenda Valle, DFEH ADA Coordinator, at (844) 541−2877 (voice or via relay op- erator 711) or TTY (800) 700−2320 or via email: brenda.valle@dfeh.ca.gov or accommodations@ dfeh.ca.gov as soon as possible or at least 72 hours be- fore the meeting. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the 869

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z proposed regulatory action to the Council. The written comment period closes at 5:00 p.m. on July 31, 2019. The Council will consider only comments received by that time. Written comments can be mailed to: Fair Employment and Housing Council c/o Brian Sperber Legislative & Regulatory Counsel Department of Fair Employment and Housing 320 West 4th Street, 10th Floor Los Angeles, CA 90013 Telephone: (213) 337−4495 Comments may also be submitted by e−mail to FEHCouncil@dfeh.ca.gov. AUTHORITY AND REFERENCE Government Code

section 12935 authorizes the Council to adopt these proposed regulations. The pro- posed regulations implement, interpret, and make spe- cific

section 12900 et seq. of the Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action clarifies, makes specific, and supplements existing state regulations interpreting the Fair Employment and Housing Act (“FEHA”) set forth in Government Code

section 12900 et seq. In compli- ance with the Administrative Procedure Act, the Coun- cil proposes to adopt these rules as duly noticed, vetted, and authorized regulations. The overall objective of the proposed regulations is to clarify what constitutes dis- crimination based on religious creed or age. This action has the specific benefit of clarifying potentially misun- derstood areas of the law, in turn reducing litigation costs and court overcrowding. Ultimately, the proposed action furthers the mission of the DFEH by protecting Californians from employment discrimination.

The proposed amendments specifically do the fol- lowing: (1) reiterate and demonstrate the applicability of the disparate impact theory to age and religious creed discrimination claims; (2) state that an employer’s pre− employment inquiries about an applicant’s availability or request for information related to work scheduling shall not be used to ascertain the applicant’s religious creed, disability, or medical condition; (3) state applica- tions, including online application technologies, that limit or screen out applicants based on religious creed or age is unlawful; (4) reiterate and demonstrate the appli- cability of the business necessity affirmative defense; and (5) clarify forms of advertisements that unlawfully deter or limit the employment of people age 40 and over.

The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Council has concluded that these are the only regula- tions that concern the Fair Employment and Housing Act. DISCLOSURES REGARDING THE PROPOSED ACTION The Council has made the following initial determinations: Mandate on local agencies and school districts : None. Cost or savings to any state agency: No additional costs or savings beyond those imposed by existing law.

Cost to any local agency or school district, which must be reimbursed in accordance with Govern- ment Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings be- yond those imposed by existing law. Cost or savings in federal funding to the state : None. Cost impacts on a representative private person or business: No additional costs or savings beyond those imposed by existing law.

Therefore, the agency is not aware of any cost impacts that a representative pri- vate person or business would necessarily incur in rea- sonable compliance with the proposed action. Results of the economic impact assessment/ analysis: The Council anticipates that the adoption of the regulations will not impact the creation or elimina- tion of jobs within the state, the creation of new busi- nesses or the elimination of existing businesses within the state, or the expansion of businesses currently doing business within the state.

To the contrary, adoption of the proposed amendments is anticipated to benefit the health and welfare of California residents and business- es and improve worker safety by clarifying and stream- lining the operation of the law, making it easier for em- ployees and employers to understand their rights and obligations, and reducing litigation costs for business- es. These regulations would not affect the environment.

Statewide adverse economic impact directly af- fecting businesses and individuals: The Council has made an initial determination that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, including the abil- ity of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: The Council antici- pates that the regulations will not create additional costs 870

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z or savings beyond those imposed by existing regula- tions. Similarly, the Council has determined that there is no impact on small businesses as a result of this pro- posed action because these regulations primarily serve to clarify existing law. Business Report: The Council has determined that the proposed regulations do not require a report to be made. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Council must deter- mine that no reasonable alternative it considered or that has otherwise been identified and brought to the Coun- cil’s attention would be more effective in carrying out the purpose for which this action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Council has thus far not become aware of a better alternative and invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: Brian Sperber, Legislative & Regulatory Counsel Department of Fair Employment and Housing 320 West 4th Street, 10th Floor Los Angeles, CA 90013 Telephone: (213) 337−4495 E−mail: brian.sperber@dfeh.ca.gov The backup contact person for these inquiries is: Linda Verde, Administrative Assistant II Department of Fair Employment and Housing 2218 Kausen Drive, Ste. 100 Elk Grove, CA 95758 Telephone: (916) 478−7248 E−mail: linda.verde@dfeh.ca.gov Please direct requests for copies of the proposed text (express terms) of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based, should other sources be used in the future, to Brian Sperber at the above address.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Council will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Regis- ter, the rulemaking file consists of this notice, the pro- posed text of the regulations, and the Initial Statement of Reasons. Copies may be obtained by contacting Brian Sperber at the address or phone number listed above.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Council may adopt the proposed regulations substantially as de- scribed in this notice. If the Council makes modifica- tions that are sufficiently related to the originally pro- posed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Council adopts the regulations as revised. Please send requests for copies of any modi- fied regulations to the attention of Brian Sperber at the address indicated above.

The Council will accept writ- ten comments on the modified regulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons will be available on the Council’s web page: http://www.dfeh.ca.gov/fehcouncil/. Copies also may be obtained by contacting Brian Sperber at the above address.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the text of the regulations, and any modified texts and the Final Statement of Reasons can be accessed through the Council’s web page at http://www.dfeh.ca.gov/fehcouncil/. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the 871

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z Act)1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after July 18, 2019, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commencing at ap- proximately 10:00 a.m. Written comments must be re- ceived at the Commission offices no later than 5:00 p.m. on July 16, 2019. BACKGROUND/OVERVIEW Governing Statutes.

The Act’s conflict−of−interest provisions ensure that public officials perform their du- ties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

Section 87100 pro- hibits a public official from using his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. Under

Section 87103(c), a public official has a financial inter- est in a decision within the meaning of

Section 87100 if it is “reasonably foreseeable” that the decision will have a “material financial effect” on the certain enumerated interests including “[a]ny source of income . . . aggre- gating five hundred dollars ($500) or more in value pro- vided or promised to, received by, the public official within 12 months prior to the time when the decision is made.” (Section 87103(c).) Existing Regulation. Regulation 18702.3 provides the materiality standards for interests in sources of in- come. The regulation establishes two general cate- gories of sources of income. Subdivision (

a) pertains to income from the sale of goods and services, while sub- division (

b) addresses income from the sale of personal or real property. Aside from circumstances where the source of income is expressly involved in a governmen- tal proceeding before the public official, neither subdi- vision establishes clear, bright−line rules for determin- ing the materiality of a governmental decision’s finan- cial effect on a source of income.

Under subdivision (a)(2), the financial effect of a governmental decision on an official’s financial interest in a source of income, where the income is derived from the sale of goods or services, is material if “[t]he source is an individual that will be financially affected under the standards applied to an official in Regulation 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated.

The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions.

All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 18702.5. . . . ” Under Regulation 18702.5, however, a financial effect on personal finances is material if the in- dividual will “receive a measurable financial benefit or loss from the decision.” Regulation 18702.5 provides no definition for the term “measurable financial benefit or loss.” Similarly, Regulation 18702.3(a)(3) also provides that a financial effect on a source of income that is a nonprofit organization is material where the nonprofit “will receive a measurable financial benefit or loss. . . .” Again, however, there is currently no express threshold or definition for the term “measurable finan- cial benefit or loss.” Regulation 18702.3 also does not provide any direc- tion for public officials with source of income interests in government entities.

Typically, money received from a government entity is not considered “income” for pur- poses of the Act, because “income” does not include “[s]alary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal gov- ernment agency. . . .” Thus, a public official generally will not reach the question of whether a financial effect on a governmental source of income is material.

How- ever, under certain circumstances, governmental funds received by a public official may constitute “income,” such as when an official receives funds as the result of a consulting contract. As noted, Regulation 18702.3 cur- rently provides no guidance with respect to those un- common scenarios. Regulation 18702.3(

c) establishes an alternate “nexus” test for materiality. That standard provides, “[a]ny reasonably foreseeable financial effect on a per- son who is a source of income to a public official is deemed material if the public official receives or is promised the income to achieve a goal or purpose which would be achieved, defeated, aided, or hindered by the decision.” The rationale for the nexus test is that when an employee earns a salary to accomplish a purpose that may be advanced by what he or she does as an official, we presume that the private employer is benefiting from the actions of the employee in his or her official capacity. REGULATORY ACTION Repeal and Adopt 2 Cal. Code Regs.

Section 18702.3 — Materiality Standard: Financial Interest in a Source of Income. Amendments to Regulation 18702.3. The Commis- sion may consider amendments to all provisions of cur- rent Regulation 18702.3, including, but not limited to, the appropriate materiality standards for economic in- terests in sources of income. At a minimum, Commis- sion staff anticipates proposing the following: 872

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z  Consolidating and reorganizing Regulation 18702.3, subdivisions (

a) and (b), and removing the distinction between income from the sale of goods and services and income from the sale of real or personal property.  Establishing a bright−line materiality standard where the source of income is an individual whose personal finances will be affected by the governmental decision.  Establishing bright−line materiality standards where the source of income is a non−profit organization.  Including a new subdivision addressing source of income interests in government entities.  Amending the language of the nexus test to specifically include the public official’s spouse.

SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. The Commission must determine that no alternative considered by the agency would be more ef- fective in carrying out the purpose for which the action is proposed or would be as effective and less burden- some to affected private persons than the proposed action. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government.

This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state entity or program. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 87100, 87102.5, 87102.6, 87102.8 and 87103. CONTACT Any inquiries should be made to Kevin Cornwall, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/ the−law/fppc−regulations/proposed−regulations−and− notices.html. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after July 18, 2019, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commencing at ap- proximately 10:00 a.m. Written comments must be re- ceived at the Commission offices no later than 5:00 p.m. on July 16, 2019. BACKGROUND/OVERVIEW Governing Statutes.

The Act’s conflict−of−interest provisions ensure that public officials perform their du- ties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

Section 87100 pro- hibits a public official from using his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. Under

Section 87103(c), a public official has a financial inter- est in a decision within the meaning of

Section 87100 if it is “reasonably foreseeable” that the decision will have a “material financial effect” on the certain enumerated interests including “[a]ny business entity in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more” (Section 87103(a)), or “[a]ny business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management” (Section 87103(d)). Existing Regulation.

Regulation 18702.1 sets forth the materiality standards applicable to a governmental 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 873

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z decision’s reasonably foreseeable financial effect on a public official’s financial interest in a business entity. Regulation 18702.1(a)(1)−(7) provide that a decision’s effect on an official’s interest in a business is material if the business takes certain specified actions, or if the business is subject to an action by the official’s agency directed solely at the business. Regulation 18702.1(

b) sets forth a broad and general materiality standard ap- plicable to a decision’s reasonably foreseeable financial effect on an official’s financial interest in either a pub- licly traded business or a privately held business. REGULATORY ACTION Repeal and Adopt 2 Cal. Code Regs.

Section 18702.1 — Materiality Standard: Financial Interests in Business Entities. Repeal and Adoption of Regulation 18702.1. The Commission may consider all provisions of existing Regulation 18702.1, the repeal of existing Regulation 18702.1, and the adoption of new proposed Regulation 18702.1, setting forth updated materiality standards ap- plicable to a decision’s effect on an official’s business interest.

At a minimum, Commission staff anticipates proposing the following:  The addition of “bright−line” materiality standards which would provide additional clarity and guidance regarding when an effect on an official’s financial interest in a business not explicitly involved in the decision at issue is material.  The incorporation of new materiality standards applicable to a decision’s effect on a real property interest of the official’s business interest.  The reestablishment of the “Small Shareholder Exception,” under which a decision’s effect on an official’s investment interest in a business of $25,000 or less, which is also less than one percent of the business’s shares, would only be material under the regulation’s materiality standards applicable to a business not explicitly involved in the decision.

SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. The Commission must determine that no alternative considered by the agency would be more ef- fective in carrying out the purpose for which the action is proposed or would be as effective and less burden- some to affected private persons than the proposed action. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government.

This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state entity or program. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 87100, 87102.5, 87102.6, 87102.8 and 87103. CONTACT Any inquiries should be made to Matthew F. Christy, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/ the−law/fppc−regulations/proposed−regulations−and− notices.html. TITLE 8.

PUBLIC EMPLOYMENT RELATIONS BOARD The Public Employment Relations Board (PERB or Board) proposes to adopt and amend the regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to adopt proposed new sections 32036, 32038, 32039, 32610, 32610.5, 32611, 32611.5, 33013 and 33020, and amend sections 31001, 32020, 32030, 32050, 32055, 32060, 32075, 32080, 32090, 32091, 32100, 32105, 32120, 32130, 32132, 32135, 32136, 32140, 32142, 32145, 32147, 32149, 32150, 874

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z 32155, 32162, 32164, 32168, 32169, 32170, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32315, 32320, 32325, 32350, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32602, 32605, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32980, and

Section 31001 provides for meetings of the Public Employment Relations Board.

Section 32020 provides a definition for the term “Board.”

Section 32030 pro- vides a definition for the term “Board itself.” Proposed

section 32036 adopts a definition of “PECC,” the Public Employees Communication

Chapter (Government Code

section 3555 et seq.). Proposed

section 32038 adopts a definition of “PEDD,” the

Chapter titled Prohi- bition on Public Employers Deterring or Discouraging Union Membership (Government Code

section 3550 et seq.). Proposed

section 32039 adopts

definitions of terms under the “PEDD,” the

Chapter titled Prohibition on Public Employers Deterring or Discouraging Union Membership (Government Code

section 3550 et seq.).

Section 32050 provides a definition for the term “Gen- eral Counsel.”

Section 32055 provides a definition for the term “Chief Administrative Law Judge.”

Section 32060 provides a definition for the term “headquarters office.”

Section 32075 provides a definition for the term “regional office.”

Section 32080 provides a definition for the term “day.”

Section 32090 provides for filing by facsimile machine.

Section 32091 provides for filing by electronic mail (e−mail) message.

Section 32100 pro- vides for when regulations contained in

Chapter 1 apply to PERB proceedings.

Section 32105 provides for the severability of PERB’s regulations.

Section 32120 pro- vides for the filing of collective bargaining agreements.

Section 32130 addresses the computation of time for filing.

Section 32132 concerns the requirements for an extension of time in which to file documents with the Board.

Section 32135 concerns filing requirements.

Section 32136 concerns late filing requirements. Sec- tion 32140 concerns service requirements.

Section 32142 concerns designation of recipients for service and filing.

Section 32145 concerns waiver of time peri- od requirements for filing.

Section 32147 provides for expediting matters before the Board.

Section 32149 concerns issuance of investigative subpoenas.

Section 32150 concerns issuance of subpoenas.

Section 32155 concerns circumstances under which a Board agent or Board member will be disqualified to hear a case. Sec- tion 32162 concerns the confidentiality of Board inves- tigations.

Section 32164 concerns an application for joinder.

Section 32168 concerns the conduct of hear- ings.

Section 32169 concerns the taking of depositions.

Section 32170 concerns the powers and authority of a Board agent conducting a hearing.

Section 32176 con- cerns the rules of evidence in unfair practice cases. Sec- tion 32178 concerns the burden of proof in unfair prac- tice cases.

Section 32180 addresses the rights of parties in PERB hearings.

Section 32185 concerns ex parte communications with Board agents.

Section 32190 concerns filing and rulings on motions.

Section 32200 concerns the appeal of rulings on motions and other in- terlocutory matters.

Section 32205 concerns requests for continuances.

Section 32206 concerns the produc- tion of statements of witnesses after testimony.

Section 32207 concerns the stipulation of facts for purposes of hearings.

Section 32209 addresses the procedure for correction of hearing transcripts.

Section 32210 con- cerns the filing of informational briefs.

Section 32212 concerns briefs and oral argument.

Section 32215 con- cerns issuance of proposed decisions.

Section 32220 concerns contemptuous conduct by a party or a party’s agent.

Section 32230 concerns the refusal of a witness to testify.

Section 32295 concerns ex parte communica- tions with members of the Board itself, or legal advisers to Board members.

Section 32300 concerns the filing of exceptions to Board agent decisions.

Section 32305 provides that proposed decisions become final if no timely exceptions are filed.

Section 32310 provides for the filing of responses to exceptions.

Section 32315 provides for oral argument on exceptions.

Section 32320 concerns issuance of decisions by the Board it- self.

Section 32325 concerns the remedial powers of the Board.

Section 32350 provides a definition of adminis- trative decisions.

Section 32400 provides that a motion for reconsideration is not required in order to exhaust administrative remedies.

Section 32410 provides for the filing of requests for reconsideration.

Section 32450 concerns the filing of requests for injunctive relief. Sec- tion 32455 concerns the investigation of requests for in- junctive relief.

Section 32460 provides for recommen- dations by the General Counsel concerning requests for injunctive relief.

Section 32465 provides for decisions by the Board itself concerning requests for injunctive relief.

Section 32470 addresses the authority of the General Counsel concerning requests for injunctive re- lief where a quorum of the Board itself is unavailable.

Section 32602 provides for the processing of unfair practice charges.

Section 32605 concerns the number of copies of unfair practice charges required for filing. Proposed

section 32610 defines employer unfair prac- tices under the Public Employees Communication

Chapter (PECC). Proposed

section 32610.5 defines employee organization unfair practices under the Pub- lic Employees Communication

Chapter (PECC). Pro- posed

section 32611 defines employer unfair practices under the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD). Proposed

section 32611.5 defines employee organization unfair 875

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z practices under the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD).

Section 32612 specifies in which “regional of- fice” unfair practice charge filings should be made. Sec- tion 32615 concerns the information required to be in- cluded in an unfair practice charge.

Section 32620 con- cerns the processing of unfair practice charges, includ- ing the Board’s policy on deferral to arbitration.

Section 32621 concerns the amending of unfair practice charges.

Section 32625 concerns the withdrawal of un- fair practice charges.

Section 32630 concerns the dis- missal of unfair practice charges.

Section 32635 pro- vides for the appeal of dismissals of unfair practice charges.

Section 32640 concerns the issuance of com- plaints in unfair practice charge cases.

Section 32644 provides for the filing of an answer in unfair practice charges where a complaint issues.

Section 32645 con- cerns non−prejudicial errors in unfair practice charges and related documents.

Section 32647 concerns amend- ments to complaints in unfair practice charge cases be- fore hearing.

Section 32648 concerns amendments to complaints in unfair practice charge cases during a hearing.

Section 32649 concerns the filing of answers to amendments to complaints in unfair practice charge cases.

Section 32650 concerns the conduct of informal settlement conferences in unfair practice charge cases.

Section 32661 concerns the filing of repugnancy claims regarding unfair practice charge cases deferred to arbi- tration.

Section 32680 concerns the conduct of hearings on unfair practice charges.

Section 32690 concerns no- tice of hearing in unfair practice charge cases.

Section 32980 provides for the enforcement of compliance with final decisions of the Board.

Section 32998 concerns the reimbursement for services rendered by the State Mediation and Conciliation Service. Proposed

section 33013 adopts a definition of an “Arbitration Decision” as a decision issued by a Board agent following interest arbitration pursuant to the Public Employees Commu- nication

Chapter (PECC). Proposed

section 33020 pro- vides the rate for reimbursement for arbitration services provided by a Board agent pursuant to the Public Em- ployees Communication

Chapter (PECC). PUBLIC HEARING The Board will hold a public hearing concerning the proposed regulatory amendments in order to implement the Public Employee Communication

Chapter (PECC), the Prohibition on Public Employers Deterring or Dis- couraging Union Membership

chapter (PEDD), and modifications to the process by which Board decisions may be designated or re−designated as precedential or non−precedential. The public hearing will be held at 10:00 a.m., on July 30, 2019, in Room 103 of its head- quarters building, located at 1031 18th Street, Sacramento, California 95811. Room 103 is wheel- chair accessible. At the hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Di- gest.

It is requested, but not required, that persons mak- ing oral comments at the hearing submit a written copy of their testimony at the hearing. Any person wishing to testify at the hearing is requested to notify the Office of the General Counsel as early as possible by calling (916) 322−3198 to aid scheduling and to permit ar- rangements for an interpreter to be made if necessary. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board.

Comments may also be submitted by facsimile (FAX) at (916) 327−6377 or by e−mail at sfarro@perb.ca.gov. Written comments will also be accepted at the public hearing held on July 30, 2019. The written comment period closes at 5:00 p.m. on July 30, 2019. The Board will only consider comments received at the Board offices by that time. Submit written comments to: Sheena J. Farro, Regional Attorney Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 AUTHORITY AND REFERENCE Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectu- ate the purposes and policies of the Educational Em- ployment Relations Act (EERA). Pursuant to Govern- ment Code sections 3509(

a) and 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regula- tions to carry out the provisions and effectuate the pur- poses and policies of the Meyers−Milias−Brown Act (MMBA). Government Code

section 3513(

h) autho- rizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Ralph C. Dills Act (Dills Act). Government Code

section 3563(

f) autho- rizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Higher Education Employer−Employee Relations Act (HEERA). Pur- suant to Public Utilities Code

section 99561(f), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectu- ate the purposes and policies of the Los Angeles County 876

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z Metropolitan Transportation Authority Transit Employer−Employee Relations Act (TEERA). Pur- suant to Government Code sections 3541.3(

g) and 71639.1(b), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provi- sions and effectuate the purposes and policies of the Tri- al Court Employment Protection and Governance Act (Trial Court Act). Pursuant to Government Code sec- tions 3541.3(

g) and 71825(b), the Board is authorized to adopt, amend and repeal rules and regulations to car- ry out the provisions and effectuate the purposes and policies of the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act). Pursuant to Government Code sections 3541.3(

g) and 3524.52(a), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Judicial Council Employer−Employee Relations Act (JCEERA). Pursuant to Government Code sections 3541.3(

g) and 3555(c), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and poli- cies of the Public Employee Communication

Chapter (PECC). Pursuant to the Government Code sections 3541.3(

g) and 3551(a), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and poli- cies of the Prohibition on Public Employers Deterring or Discouraging Union Membership

chapter (PEDD). General reference for

section 31001 of the Board’s regulations: Sections 3509, 3513(h), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1, and 71825, Government Code; and

Section 99561, Public Utilities Code. Gener- al reference for

section 32020 of the Board’s regula- tions: Sections 3501(f), 3509, 3513(h), 3540.1(a), 3541, 3551(a), 3555.5(c), 3562(b), 71639.1(

a) and 71825(a), Government Code; and

Section 99560.1(b), Public Utilities Code. General reference for

section 32030 of the Board’s regulations: Sections 3501(f), 3509, 3513(h), 3540.1(a), 3541, 3551(a), 3555.5(c), 3562(b), 71639.1(

a) and 71825(a), Government Code; and

Section 99560.1(b), Public Utilities Code. General reference for proposed

section 32036:

Section 3555.5(c), Government Code. General reference for proposed

section 32038:

Section 3551(a), Govern- ment Code. General reference for proposed

section 32039: Sections 3551(a), 3552 and 3553, Government Code. General reference for

section 32050 of the Board’s regulations:

Section 3541(f), Government Code. General reference for

section 32055 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3551(a), 3555.5(c), 3563(j), 71639.1 and 71825, Government Code; and

Section 99561(j), Pub- lic Utilities Code. General reference for

section 32060 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32075 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32080 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(f), Pub- lic Utilities Code. General reference for

section 32090 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32091 of the Board’s reg- ulations: Sections 3509, 3513, 3514.5, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32100 of the Board’s regulations:

Section 19604, Busi- ness and Professions Code;

Section 57031, Food and Agricultural Code; Sections 3502.5, 3507, 3507.1, 3507.3, 3507.5, 3508, 3509, 3513(h), 3541.3, 3551(a), 3555.5(c), 3557, 3563, 3600, 3601, 3602, 3603, 3611, 71632.5, 71636, 71636.1, 71636.3, 71637, 71637.1, 71639.1, 71823 and 71825, Government Code;

Section 2686, Labor Code; and Sections 25051, 25052, 28850, 28851, 30750, 30751, 30754, 30756, 40120, 40122, 50120, 50121, 70120, 70122, 90300, 95650, 95651, 98162.5, 99561, 100301, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 125521, 125526, Appendix 1, Sec- tions 4.2 and 4.4, and Appendix 2, Sections 13.90, 13.91, and 13.96, Public Utilities Code. General refer- ence for

section 32105 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1 and 71825, Government Code; and

Section 99561, Public Utilities Code. General reference for sec- tion 32120 of the Board’s regulations: Sections 3509, 3513(h), 3524, 3541.3(f), 3541.3(g), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Gov- ernment Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32130 of the Board’s regulations: Sections 3509, 3513(h), 3541.3, 3544.7(b), 3551(a), 3555.5(c), 3563, 3577(b), 71639.1 and 71825, Government Code; and Sections 99561 and 99564.4(b), Public Utilities Code. General reference for

section 32132 of the Board’s regulations: Sections 3509, 3509.3, 3513(h), 3520.8, 3541.3(n), 3541.35, 3551(a), 3555.5(c), 3563(m), 3563.5, 71639.1, 71639.15, 71825 and 71825.05, Government Code; and Sections 99561(

m) and 99561.4, Public Utilities Code. General reference for

section 32135 of the Board’s reg- ulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 877

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32136 of the Board’s reg- ulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and Sections 12, 12(

a) and 1013, Code of Civil Procedure; and

Section 99561(m), Public Utilities Code. General reference for

section 32140 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32142 of the Board’s regulations: Sections 3501(c), 3513(j), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71601(k), 71639.1, 71801(h), 71807 and 71825, Government Code; and Sections 99560.1(

g) and 99560.1(h), Public Utilities Code. General reference for

section 32145 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32147 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32149 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Pub- lic Utilities Code. General reference for

section 32150 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 3601, 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32155 of the Board’s regulations: Sections 3509, 3509.5, 3513, 3520, 3541.3, 3542, 3551(a), 3555.5(c), 3557, 3563, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561, 99562, 100301, 101344, 102403, 103401, 120505, and 125521, Public Utilities Code. General reference for

section 32162 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Pub- lic Utilities Code. General reference for

section 32164 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Pub- lic Utilities Code. General reference for

section 32168 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(k), 3551(a), 3555.5(c), 3563(g), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(j), Public Utilities Code. General reference for

section 32169 of the Board’s reg- ulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32170 of the Board’s reg- ulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(k), 3551(a), 3555.5(c), 3563(g), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(j), Public Utilities Code. General reference for

section 32176 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825, Gov- ernment Code; and

Section 99561(

g) and 99561(h), Public Utilities Code. General reference for

section 32178 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(h), Public Utilities Code. General reference for

section 32180 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Pub- lic Utilities Code. General reference for

section 32185 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3541.3(i), and 3541.3(n), 3551(a), 3555.5(c), 3563(g), 3563(

h) and 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(g), 99561(

h) and 99561(m), Public Utilities Code. General reference for

section 32190 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32200 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32205 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32206 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32207 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32209 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General refer- ence for

section 32210 of the Board’s regulations: Sec- tions 3509, 3513(h), 3541.3(a), 3541.3(b), 3541.3(e), 3541.3(g), 3541.3(h), 3541.3(i), 3541.3(l), 3541.3(m), 3541.3(n), 3551(a), 3555.5(c), 3563(a), 3563(b), 3563(e), 3563(f), 3563(g), 3563(h), 3563(k), 3563(l), 878

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z 3563(m), 71639.1 and 71825, Government Code; and

Section 99561, Public Utilities Code. General reference for

section 32212 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32215 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32220 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32230 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32295 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Govern- ment Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32300 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for

section 32305 of the Board’s regulations: Sections 3509, 3509.3, 3513(h), 3520.8, 3541.3(k), 3541.3(n), 3541.35, 3551(a), 3555.5(c), 3563(j), (m), 3563.5, 71639.1, 71639.15, 71825, and 71825.05, Government Code; and Sections 99561(j), 99561(m), and 99561.4, Public Utilities Code. General reference for

section 32310 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1, and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505, and 125521, Public Utilities Code. General reference for

section 32315 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1, and 71825, Gov- ernment Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General ref- erence for

section 32320 of the Board’s regulations: Sections 3509, 3513(h), 3514.5, 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 3563.2, 11425.60, 71639.1 and 71825, Government Code; and Sections 99561(j), 99561(

m) and 99561.2, Public Utili- ties Code. General reference for

section 32325 of the Board’s regulations: Sections 3509, 3509.5, 3514.5(c), 3520, 3541.5(c), 3542, 3551(a), 3555.5(c), 3563.3, 3564, 71639.1, 71639.4, 71825 and 71825.1, Govern- ment Code;

Section 99561(f), Public Utilities Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608. General reference for

section 32350 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3557, 3563(j), 3563(m), 71639.1 and 71825, Govern- ment Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505, and 125521, Public Utilities Code. General reference for

section 32400 of the Board’s regulations: Sections 3509, 3509.5, 3520, 3542, 3551(a), 3555.5(c), 3564, 71639.4 and 71825.1, Government Code; and

Section 99562, Public Utilities Code. General reference for

section 32410 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Gov- ernment Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General ref- erence for

section 32450 of the Board’s regulations: Sections 3509, 3513(h), 3551(a), 3555.5(c), 3541.3(j), 3541.3(n), 3563(i), 71639.1 and 71825, Government Code; and

Section 99561(i), Public Utilities Code. Gen- eral reference for

section 32455 of the Board’s regula- tions: Sections 3509, 3513(h), 3541.3(j), 3551(a), 3555.5(c), 3563(i), 71639.1 and 71825, Government Code; and

Section 99561(i), Public Utilities Code. Gen- eral reference for

section 32460 of the Board’s regula- tions: Sections 3509, 3513(h), 3541.3(j), 3541.3(n), 3551(a), 3555.5(c), 3563(i), 3563(m), 71639.1 and 71825, Government Code; and Sections 99561(

i) and 99561(m), Public Utilities Code. General reference for

section 32465 of the Board’s regulations: Sections 3509, 3513(h), 3541.3(j), 3541.3(n), 3551(a), 3555.5(c), 3563(i), 3563(m), 71639.1 and 71825, Gov- ernment Code; and Sections 99561(

i) and 99561(m), Public Utilities Code. General reference for

section 32470 of the Board’s regulations: Sections 3509, 3513(h), 3541(f), 3541(g), 3541.3(j), 3541.3(k), 3551(a), 3555.5(c), 3563(i), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

i) and 99561(j), Public Utilities Code. General reference for

section 32602 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823 and 71825, Government Code; and Sections 879

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z 99561(h), 9561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for sec- tion 32605 of the Board’s regulations: Sections 3502.5, 3509, 3513(h), 3514.5, 3515.7, 3523, 3541.3(i), 3541.3(n), 3541.5, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823 and 71825, Government Code; and Sec- tions 99561(h), 99561.2, 99566.3 and 99569, Public Utilities Code. General reference for proposed

section 32610 of the Board’s regulations: Sections 3555.5(c), 3556, 3558, 3558.8(a), 3558.8(

b) and 3558.8(h), Gov- ernment Code. General reference for proposed

section 32610.5 of the Board’s regulations: Sections 3555.5(c), 3556 and 3558.8(b), Government Code. General refer- ence for proposed

section 32611 of the Board’s regula- tions: Sections 3550 and 3553, Government Code. Gen- eral reference for proposed

section 32611.5 of the Board’s regulations:

Section 3553, Government Code. General reference for

section 32612 of the Board’s reg- ulations: Sections 3509, 3513(h), 3514.5, 3541.3(i), 3541.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 71639.1, 71807 and 71825, Government Code; and Sections 99561(

h) and 99561.2, Public Utilities Code. General reference for

section 32615 of the Board’s regulations: Sections 3502.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32620 of the Board’s reg- ulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1 and 71825, Gov- ernment Code; Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code; Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608, and Coachella Valley Mosquito and Vec- tor Control District v. Public Employment Relations Board (2005) 35 Cal.4th 1072. General reference for

section 32621 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823, and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3, and 99569, Public Utilities Code.

General reference for sec- tion 32625 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513, 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code.

General reference for sec- tion 32630 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Govern- ment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32635 of the Board’s reg- ulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General ref- erence for

section 32640 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32644 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32645 of the Board’s reg- ulations: Sections 3509, 3514.5(a), 3541.5(a), 3551(a), 3555.5(c), 3563.2, 71639.1 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7 and 99563.8, Public Utilities Code. General reference for

section 32647 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814, and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3, and 99569, Public Utilities Code. General reference for

section 32648 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 880

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32649 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32650 of the Board’s reg- ulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General ref- erence for

section 32661 of the Board’s regulations: Sections 3506.5, 3509, 3514.5, 3519, 3519.5, 3541.5, 3543.5, 3543.6, 3551(a), 3555.5(c), 3558.8, 3563.2, 3571, 3571.1, 3571.3, 3589, 71639.1 and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8 and 99567, Public Utilities Code. General reference for

section 32680 of the Board’s reg- ulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32690 of the Board’s reg- ulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814, and 71825, Government Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32980 of the Board’s reg- ulations: Sections 3509, 3509.5, 3514.5(c), 3520, 3541.5(c), 3542, 3551(a), 3555.5(c), 3563.3, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; and Sections 99561.3 and 99562, Public Utilities Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608.

General reference for sec- tion 32998 of the Board’s regulations: Sections 3551(a), 3555.5(c), 3557, 3600, 3601, 3602, 3603 and 3611, Government Code; Sections 25051, 25052, 28850, 28852, 30750, 30751, 30756, 40120, 40122, 50120, 50121, 70120, 70121, 95650, 95651, 98162.5, 100301, 100304, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 120502, 120503, 120505, 125521, 125524, 125525 and 125526; Appendix 1,

Section 4.1 and Ap- pendix 2,

Section 13.90, Public Utilities Code;

Section 11010, Government Code; and Sections 8740 and 8752, State Administrative Manual. General reference for proposed

section 33013 of the Board’s regulations:

Section 3557, Government Code. General reference for proposed

section 33020 of the Board’s regulations:

Section 3557, Government Code. POLICY STATEMENT OVERVIEW PERB is a quasi−judicial agency which oversees pub- lic sector collective bargaining in California. PERB presently administers ten collective bargaining statutes, ensures their consistent implementation and applica- tion, and adjudicates disputes between the parties sub- ject to them.

The statutes administered by PERB are: the Meyers−Milias−Brown Act (MMBA) of 1968, which established collective bargaining for California’s city, county, and local special district employers and employees; the Educational Employment Relations Act (EERA) of 1976 establishing collective bargaining in California’s public schools (K−12) and community col- leges; the State Employer−Employee Relations Act of 1978, known as the Ralph C.

Dills Act (Dills Act), es- tablishing collective bargaining for state government employees; the Higher Education Employer− Employee Relations Act (HEERA) of 1979, extending the same coverage to the California State University System, the University of California System and Hast- ings College of Law; the Los Angeles County Metro- politan Transportation Authority Transit Employer− Employee Relations Act (TEERA) of 2003, which cov- ers supervisory employees of the Los Angeles County Metropolitan Transportation Authority; the Trial Court Employment Protection and Governance Act (Trial Court Act) of 2000 and the Trial Court Interpreter Em- ployment and Labor Relations Act (Court Interpreter Act) of 2002, which together provide for collective bar- gaining rights for most trial court employees; and the Judicial Council Employer−Employee Relations Act (JCEERA) of 2018, which establishes collective bar- gaining for Judicial Council employees.

As of June 27, 2017, Government Code,

section 3555 et seq. was en- acted, titled the Public Employee Communication

Chapter (PECC), which conferred PERB jurisdiction 881

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z over violations of the PECC pursuant to PERB’s power and duties set forth in Government Code,

section 3541.3. As of January 1, 2018, Government Code, sec- tion 3550 et seq. was enacted, titled the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD), which conferred PERB jurisdic- tion over violations of the PEDD pursuant to PERB’s powers and duties set forth in Government Code, sec- tion 3541.3. These new statutory enactments require amendments to PERB’s existing regulations and the adoption of new regulations in order to fully implement PERB’s juris- diction.

As explained in more detail in the Informative Digest, the regulatory changes proposed by this notice address PERB’s need to implement a process for resolv- ing disputes arising under the PECC and the PEDD, in- cluding processing allegations of violations of the PECC and the PEDD and requests for PERB to appoint a Board agent to serve as interest arbitrator pursuant to the PECC. Additionally, the regulatory changes proposed by this notice seek to increase PERB’s case processing effi- ciency.

The proposed amendment to PERB’s existing regulation concerning the Board’s decisions will allow the Board to designate any type of Board decision as precedential or non−precedential and implement a process similar to California courts that allows parties to request the Board reverse the precedential or non− precedential designation of Board decisions. INFORMATIVE DIGEST A. Adoption of New Sections Proposed

Section 32036 adopts a definition of “PECC,” the Public Employee Communication Chap- ter (Government Code

section 3555 et seq.). Proposed

Section 32038 adopts a definition of “PEDD,” the Prohibition on Public Employers Deter- ring or Discouraging Union Membership

chapter (Gov- ernment Code

section 3550 et seq.). Proposed

Section 32039 adopts a

section defining terms applicable for matters arising under the PEDD (Government Code

section 3550 et seq.), which in- cludes the definition for the term “exclusive representa- tive,” as used in Government Code

section 3552. Proposed

Section 32610 clarifies employer unfair practices under the PECC (Government Code

section 3555 et seq.). Government Code

section 3555.5(c)(1) provides PERB with authority to process alleged viola- tions of the PECC. Because the

section of the statute does not specifically identify the types of acts that might be considered to be unfair practices, parties operating under the PECC are left without guidance about how to operate within the meaning of the law.

Section 32610 sets forth the conduct prohibited by the PECC and la- bels such conduct as unfair practices. Without such rules, PERB’s only method of identifying the types of conduct that constitute unfair practices will be through case−by−case deliberation. Such an approach would leave the parties without guidance for a long period of time. Proposed

Section 32610.5 clarifies employee orga- nization unfair practices under the PECC (Government Code

section 3555 et seq.). Government Code

section 3555.5(c)(1) provides PERB with authority to process alleged violations of the PECC. Because the

section of the statute does not specifically identify the types of acts that might be considered to be unfair practices, parties operating under the PECC are left without guidance about how to operate within the meaning of the law.

Section 32610.5 sets forth the conduct prohibited by the PECC and labels such conduct as unfair practices. Without such rules, PERB’s only method of identifying the types of conduct that constitute unfair practices will be through case−by−case deliberation. Such an ap- proach would leave the parties without guidance for a long period of time. Proposed

Section 32611 clarifies employer unfair practices under the PEDD (Government Code

section 3550 et seq.). Government Code

section 3551 provides PERB with authority to process alleged violations of the PEDD. Because the

section of the statute does not specifically identify the types of acts that might be con- sidered to be unfair practices, parties operating under the PEDD are left without guidance about how to oper- ate within the meaning of the law.

Section 32611 sets forth the conduct prohibited by the PEDD and labels such conduct as unfair practices. Without such rules, PERB’s only method of identifying the types of conduct that constitute unfair practices will be through case−by− case deliberation. Such an approach would leave the parties without guidance for a long period of time. Proposed

Section 32611.5 clarifies employee orga- nization unfair practices under the PEDD (Government Code

section 3550 et seq.). Government Code

section 3551 provides PERB with authority to process alleged violations of the PEDD. Because the

section of the statute does not specifically identify the types of acts that might be considered to be unfair practices, parties operating under the PEDD are left without guidance about how to operate within the meaning of the law.

Section 32611.5 sets forth the conduct prohibited by the PEDD and labels such conduct as unfair practices. Without such rules, PERB’s only method of identifying the types of conduct that constitute unfair practices will be through case−by−case deliberation. Such an ap- 882

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z proach would leave the parties without guidance for a long period of time. Proposed

Section 33013 adopts a definition of “Ar- bitration Decision” issued by PERB pursuant to the PECC (Government Code

section 3555 et seq.). Gov- ernment Code

section 3557(b)(4) provides the a City or County may request a Board agent serve as an arbitrator for PECC interest arbitration, which culminates in the issuance of a decision. Proposed subdivision (

b) pro- vides that an arbitration decision is not a proposed deci- sion as defined in PERB regulation 32215, or an admin- istrative decision as defined in PERB regulation 32350 in order to clarify the applicable PERB Regulations. Proposed

Section 33020 adopts the rate of reim- bursement when a City or County requests a PERB Ad- ministrative Law Judge or other PERB employee ad- minister interest arbitration pursuant to the Public Em- ployee Communication

Chapter (Government Code

section 3555.5(c)). Government Code

section 3557(b)(4) provides that a City or County may request a PERB employee serve as an interest arbitrator, and re- quires the City or County pay for the cost of the arbitra- tor. The proposed regulation sets the rate for reimburse- ment at two hundred and eighty dollars ($280.00) per hour, prorated for each quarter hour of work that is less than a full hour.

The proposed regulation also provides that the actual time charged shall begin when a Board agent commences providing such services, shall in- clude travel time and time spent preparing for the arbi- tration, and shall continue until the services are com- pleted. Without such a rate, parties would be without a price estimate for arbitration services until PERB’s ser- vices were complete. B. Amendment to the T ext of Existing Sections

Section 32100 provides for when regulations con- tained in

Chapter 1 apply to PERB proceedings. Pro- posed subdivision (

g) amends this

section to provide that all of

Chapter 1 will apply to matters arising under the PEDD and matters arising under the PECC other than interest arbitration, except Subchapters 6 and 8, which govern representation matters. Proposed subdi- vision (

g) also provides that Articles 1 and 2 of Sub-

chapter 2, and Subchapter 10 will apply to PERB’s ad- ministration of interest arbitration pursuant to the PECC.

Section 32120 provides for the filing of collective bargaining agreements with the Board. The proposed new language to

Section 32120 extends its application to matters arising under the PECC and the PEDD.

Section 32320 concerns the issuance of decisions by the Board itself, setting forth actions that the Board may take when issuing decisions, the criteria considered by the Board when determining whether to designate a de- cision as non−precedential, and providing that the Board shall serve a copy of the decision on each party. The proposed amendment to subdivision (

c) clarifies the regulatory language providing that Board decisions are precedential, unless designated otherwise. The pro- posed amendment to subdivision (

d) provides that a ma- jority of Board members issuing a decision or order shall determine whether all or part of the Board decision will be designated as precedential or non−precedential. Proposed subdivision (

e) provides that the Board may wholly or partially reverse a prior designation of a Board decision as non−precedential, and requires that parties requesting the reversal of such a designation must make that request within 20 days following the service of the decision or order. Proposed subdivision (

e) requires such a request to be filed in the Sacramento headquarters office, and to include an original and five copies, and to be served in accordance with PERB regu- lation 32140 governing service. Proposed subdivision (

e) requires a request to designate a decision as prece- dential to state why one or more of the criteria consid- ered is satisfied, and that a request to designate a deci- sion as non−precedential state why none of the criteria is satisfied. Proposed subdivision (

f) provides that a re- sponse to such a request may be filed with the Board, and requires that such a response be filed in the Sacra- mento headquarters office within 20 days from service of the request, providing an original and five copies, and to be served in accordance with PERB regulation 32140 governing service. Proposed subdivision (

g) pro- vides that such a request will not stay the effectiveness of a Board decision or order. Proposed subdivision (

h) provides that the Board’s ruling on such a request is not subject to a request for reconsideration.

Section 32350 provides a definition of an administra- tive decision. The proposed amendment would add sub- division (a)(4) providing that an interest arbitration de- cision issued pursuant to the PECC is not an administra- tive decision.

Section 32602 provides for the processing of unfair practice charges. Subdivision (

a) sets forth the alleged violations that PERB will process as unfair practice charges. The PECC and the PEDD provide PERB with the authority to investigate an alleged violation of the PECC as an unfair practice charge pursuant to the Board’s powers and duties provided by Government Code

section 3541.3. The amendments to subdivision (

a) reference the authority provided to PERB and are necessary to clarify PERB’s jurisdiction over unfair practice charges arising under the PECC and the PEDD. C. Amendments Only to the Authority and Reference Citations of Existing Regulations

Section 31001 provides for meetings of the Board. The proposed changes do not make any changes to the text of this section, but only update the authority and 883

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32020 provides a definition for the term “Board.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32030 provides a definition for the term “Board itself.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32050 provides a definition for the term “General Counsel.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32055 provides a definition for the term “Chief Administrative Law Judge.” The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32060 provides a definition for the term “headquarters office.” The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32075 provides a definition for the term “re- gional office.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32080 provides a definition for the term “day.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32090 provides for filing by facsimile ma- chine. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32091 provides for filing by electronic mail (e−mail) message. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32105 provides for the severability of PERB’s regulations. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32130 provides for the computation of time within PERB’s regulations. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up- date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32132 concerns the requirements for an ex- tension of time to file documents with the Board. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32135 concerns filing requirements. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32136 concerns late filing. The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32140 concerns service requirements. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the 884

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32142 concerns the proper recipient for fil- ing or service. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32145 concerns the waiver of time period re- quirements for filing. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32147 concerns expediting matters before the Board. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32149 concerns the issuance of investigative subpoenas. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32150 concerns the issuance of subpoenas. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32155 concerns the disqualification of a Board agent or Board Member. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s exten- sion of the Board’s responsibilities to include jurisdic- tion over matters arising under the PECC and the PEDD.

Section 32162 concerns the confidentiality of Board investigations. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32164 concerns an application for joinder. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32168 concerns the conduct of hearings. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32169 concerns the taking of depositions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32170 concerns the powers and duties of a Board agent conducting a hearing. The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32176 concerns the rules of evidence in un- fair practice cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32178 concerns the burden of proof in unfair practice cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32180 addresses the rights of parties in PERB hearings. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32185 concerns ex parte communications with Board agents. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD. 885

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z

Section 32190 concerns filing requirements and rul- ings on motions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32200 concerns the appeal of rulings on mo- tions and other interlocutory matters. The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32205 concerns requests for continuances. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32206 concerns the production of statements of witnesses after testimony. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up- date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32207 concerns the stipulation of facts for purposes of hearing. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32209 addresses the procedure for the cor- rection of hearing transcripts. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up- date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32210 concerns the filing of informational briefs and oral argument before the Board itself. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32212 concerns briefs and oral argument. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32215 concerns the issuance of proposed de- cisions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32220 concerns contemptuous conduct by a party or a party’s agent. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32230 concerns the refusal of a witness to testify. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32295 concerns ex parte communications with members of the Board itself or legal advisers to Board members. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32300 concerns the filing of exceptions to Board agent decisions. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32305 concerns the finality of Board agents’ decisions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32310 provides for the filing of responses to exceptions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32315 provides for oral argument on excep- tions. The proposed changes do not make any changes 886

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32325 concerns the remedial powers of the Board. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32400 concerns the requirements for exhaus- tion of administrative remedies. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s exten- sion of the Board’s responsibilities to include jurisdic- tion over matters arising under the PECC and the PEDD.

Section 32410 provides for the filing of requests for reconsideration. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32450 concerns the filing of requests for in- junctive relief. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32455 concerns the investigation of requests for injunctive relief. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32460 provides for recommendations by the General Counsel concerning requests for injunctive re- lief. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibili- ties to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32465 provides for decisions by the Board it- self concerning requests for injunctive relief. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32470 addresses the authority of the General Counsel concerning requests for injunctive relief where a quorum of the Board itself is unavailable. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32605 concerns the number of copies of un- fair practice charges required for filing. The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32612 specifies the “regional office” where unfair practice charge filings should be made. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32615 concerns the contents of an unfair practice charge. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32620 concerns the processing of an unfair practice charge case. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32621 concerns the amendment of unfair practice charges. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32625 concerns the withdrawal of unfair practice charges. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is nec- essary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD. 887

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Section 32630 concerns the dismissal of unfair prac- tice charges. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32635 provides for the appeal of dismissals of unfair practice charges. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32640 concerns the issuance of complaints in unfair practice charge cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up- date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32644 provides for the filing of an answer in unfair practice charges where a complaint issues. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32645 concerns non−prejudicial errors in un- fair practice charges and related documents. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32647 concerns amendments to complaints in unfair practice charge cases before hearing. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32648 concerns amendments to complaints in unfair practice charge cases during a hearing. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32649 concerns the filing of answers to amendments to complaints in unfair practice charge cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising un- der the PECC and the PEDD.

Section 32650 concerns informal settlement confer- ences in unfair practice charge cases. The proposed changes do not make any changes to the text of this sec- tion, but only update the authority and reference cita- tions. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32661 concerns repugnancy claims. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32680 concerns the conduct of hearings on unfair practice charges. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32690 concerns the notice of hearing in un- fair practice charge cases. The proposed changes do not make any changes to the text of this section, but only up- date the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD.

Section 32980 provides for PERB’s enforcement of compliance with final decisions of the Board. The pro- posed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legisla- ture’s extension of the Board’s responsibilities to in- clude jurisdiction over matters arising under the PECC and the PEDD.

Section 32998 provides reimbursement rates for ser- vices provided by the State Mediation and Conciliation Service. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is neces- sary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the PECC and the PEDD. For more information regarding specific proposed regulations or amendments to the existing regulations, please refer to the proposed regulatory language. 888

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 24-Z CONSISTENT AND COMPATIBLE WITH EXISTING STATE REGULATIONS The Board has determined that the proposed regula- tory adoptions and amendments are not inconsistent or incompatible with existing regulations.

After conduct- ing a review of all regulations that would relate to or af- fect this area of California law, the Board has deter- mined that due to PERB’s exclusive jurisdiction to im- plement and enforce the PECC and the PEDD and other acts within its jurisdiction, the proposed regulations are the only regulations concerning the implementation of the PECC and the PEDD and the process by which the Board may designate a decision as precedential or non− precedential or consider parties’ requests to reverse such a designation.

Therefore, the Board has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION These proposed regulatory changes would provide a procedural mechanism for PERB to process alleged vi- olations of the PECC and the PEDD by using the estab- lished unfair practice charge process. PERB’s unfair practice charge process is already familiar to PERB’s constituents and employees. Therefore, the application of these existing procedures will aid in expeditiously re- solving disputes arising under the PECC and the PEDD.

These prop