GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 7−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 14, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA VICTIM COMPENSATION BOARD Income or Support Loss — Notice File Number Z2020−0131−02 ........................................ 225 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0204−02 ....................................... 227 Amendment State Agency: California Collaborative for Educational Excellence Multi−County: Association of California Water Agencies Joint Powers Insurance Authority Options for Youth — San Gabriel TITLE 2. STATE ALLOCATION BOARD Leroy F . Green School Facilities Act of 1998; “Town” — Notice File Number Z2020−0204−03 ................ 228 TITLE 13.

CALIFORNIA HIGHWAY PATROL Explosives Stops — Notice File Number Z2020−0130−01 .............................................. 233 TITLE 13. CALIFORNIA HIGHWAY PATROL General Hazardous Materials Regulations — Notice File Number Z2020−0123−02 ......................... 235 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Entry Level Driver’ s Training for CDL Applicants — Notice File Number Z2020−0204−01 ................... 237 TITLE 16. BOARD OF PSYCHOLOGY AB 2138 — Substantial Relationship Criteria — Notice File Number Z2020−0127−02 ....................... 239 (Continued on next page) Time- Dated Material

GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Department of Toxic Substances Control Imperial County Unified Fee

Schedule Supplemental Revisions ................................................. 241 FISH AND GAME COMMISSION Notice of Receipt of Petition to List Pacific Leatherback Sea Turtle ...................................... 243

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 243 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 2020, VOLUME NUMBER 7-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 VICTIM COMPENSATION BOARD INCOME OR SUPPORT LOSS RESULTING FROM THE DEPRIV ATION OF LIBERTY Title 2,

section 649.32.1 The California Victim Compensation Board (Board) proposes to adopt the regulations described below after considering all comments, objections and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action; however, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized represen- tative, no later than 15 days before the close of the writ- ten comment period.

WRITTEN COMMENT PERIOD Any interested individual, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board. The written comment period closes at 5:00 p.m. on March 31, 2020. The Board will consider only comments re- ceived at the Board’s office by that time. Submit written comments to: Neil Ennes, Legislative Manager California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812−0048 Comments may also be submitted by facsimile (FAX) at (916) 491−6441 or by e−mail to regulations@ victims.ca.gov. AUTHORITY AND REFERENCE Government Code

section 13920 authorizes the Board to adopt this proposed regulation. The proposed regulation action is intended to implement, interpret and make specific Government Code

section 13957.5. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Government Code

section 13950 requires the Cali- fornia Victim Compensation Board (Board) to “assist residents of the State of California in obtaining com- pensation for the pecuniary losses they suffer as a direct result of criminal acts.” The Board provides compensa- tion for victims of violent crime who suffer physical in- jury, threat of physical injury or emotional injury. Among the crimes covered are domestic violence, child abuse, sexual and physical assault, homicide, robbery, vehicular manslaughter, and human trafficking.

If a person meets eligibility criteria, the Board can provide compensation for many services when the costs are not covered by other sources. Eligible services include medical and dental care, mental health services, income loss, funeral expenses, rehabilitation and relocation, among many others. AB 629 (Smith,

Chapter 575, Statutes of 2019) amended Government Code

section 13957.5 to expand the services provided by the Board to include compen- sation equal to the loss of income or support that a vic- tim incurs as a direct result of the victim’s deprivation of liberty during the crime of human trafficking. Compen- sation is to be calculated based on the value of the vic- tim’s labor as guaranteed under California law, the min- imum wage, for up to 40 hours per week, not to exceed $10,000 per year that the services were performed, for a maximum of two years.

The bill requires the Board, on or before July 1, 2020, to adopt regulations that allow it to rely on evidence oth- er than official employment documentation in consid- ering and approving an application for that compensa- tion. The evidence may include any reliable corroborat- ing information approved by the Board, including, but not limited to, a statement under penalty of perjury from the applicant, a human trafficking caseworker as de- fined in

Section 1038.2 of the Evidence Code, a li- censed attorney, or a witness to the circumstances of the crime. The proposed regulatory action is intended to comply with this requirement. Anticipated Benefits of the Proposed Regulation: The proposed regulation complies with the legisla- tive mandate established by AB 629. It also makes spe- cific the ability of the Board to consider evidence other than official employment documentation in consider- ing and approving an application for compensation of 225

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z the loss of income or support that a victim incurs as a di- rect result of the victim’s deprivation of liberty during the crime of human trafficking. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The proposed regulation is not inconsistent or incom- patible with existing state regulations as the statutory changes made by AB 629 provide an exception to exist- ing requirements for the compensation of income or support loss in the case of a victim of human trafficking.

DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private individual or business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The purpose of the proposed regulation is to make specific an evidentiary standard that is created by recent legislation. Because the Board offers limited benefits for a limited group of individuals, it does not directly impact jobs or the wider economy. The Board has determined that the selected alternative will not affect: (

A) The creation or elimination of jobs within the State of California, The proposed regulation does not impact jobs be- cause it applies only to applications to the Board for the compensation of the loss of income or support that a victim incurs as a direct result of the victim’s depriva- tion of liberty during the crime of human trafficking. (

B) The creation of new businesses or the elimination of existing businesses within the State of California, and The proposed regulation does not impact the creation of new businesses or elimination of existing businesses in California because it applies only to applications to the Board for the compensation of the loss of income or support that a victim incurs as a direct result of the vic- tim’s deprivation of liberty during the crime of human trafficking. (

C) The expansion of businesses currently doing business within the State of California. The proposed regulation does not impact the expan- sion of businesses currently doing business within the State of California because it applies only to applica- tions to the Board for the compensation of the loss of in- come or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime of human trafficking.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’ s environment: The Board has determined that the proposed regula- tion does not impact worker safety or the state’s envi- ronment because it applies only to applications to the Board for the compensation of the loss of income or support that a victim incurs as a direct result of the vic- tim’s deprivation of liberty during the crime of human trafficking.

However, the proposed regulation will ben- efit the health and welfare of California residents by making the process of applying for this compensation clearer and more transparent. SMALL BUSINESS DETERMINATION The Board has determined that the proposed regula- tion does not affect small businesses because it applies only to applications to the Board for the compensation of the loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime of human trafficking. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the agency would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private indi- viduals 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. 226

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z The Board invites interested individuals to present statements or arguments with respect to alternatives to the proposed regulation during the written comment period. CONTACT PERSON Inquiries concerning the proposed administrative ac- tion may be directed to: Neil Ennes California Victim Compensation Board P.O. Box 48 Sacramento, CA 95812−0048 Telephone: (916) 491−3728 The backup contact person concerning the proposed administrative action may be directed to: Jenny Wong California Victim Compensation Board P.O.

Box 48 Sacramento, CA 95812−0048 Telephone: (916) 491−3754 Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other infor- mation upon which the rulemaking is based to Neil Ennes at the above address. A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation and the Initial Statement of Rea- sons. Copies may be obtained by contacting Neil Ennes at the P.O. Box or the phone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if requested, and consider- ing all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If the Board makes modifica- tions which are sufficiently related to the original pro- posed text, it will make the modified text available to the public at least 15 days before the Board adopts the regulation as revised. Please send requests for copies of the modified regulation to the attention of Neil Ennes at the P.O. Box indicated above. The Board will accept written 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 may be obtained by contacting Neil Ennes at the above P.O. Box address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulation in underline and strikeout can be ac- cessed through our website at www.victims.ca.gov. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT STATE AGENCY: California Collaborative for Educational Excellence MULTI−COUNTY: Association of California Water Agencies Joint Powers Insurance Authority Options for Youth — San Gabriel A written comment period has been established com- mencing on February 14, 2020 and closing on March 30, 2020.

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

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing 227

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z is requested, the proposed code(

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than March 30, 2020. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 2. STATE ALLOCATION BOARD THE STATE ALLOCATION BOARD PROPOSES TO AMEND REGULATION

SECTION 1859.2, TITLE 2, CALIFORNIA CODE OF REGULATIONS, RELATING TO LEROY F. GREENE SCHOOL FACILITIES ACT OF 1998 NOTICE IS HEREBY GIVEN that the State Alloca- tion Board (SAB) proposes to amend the above− referenced regulation section, contained in Title 2, Cali- fornia Code of Regulations (CCR). A public hearing is not scheduled. A public hearing will be held if any inter- ested person, or his or her duly authorized representa- tive, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written comment period.

Following the public hearing, if one is request- ed, or following the written comment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the pro- posals substantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above− referenced regulation sections under the authority pro- vided by Sections 17070.35 and 17078.64 of the Educa- tion Code. The proposals interpret and make specific 228

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z Sections 17009.5, 17017.6, 17017.7, 17021, 17047, 17050, 17051, 17070.15, 17070.51(a), 17070.71, 17070.77, 17071.10, 17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10, 17072.12, 17072.18, 17072.33, 17073.25, 17074.10, 17074.30, 17075.10, 17075.15, 17077.40, 17077.45, 17078.52, 17078.56, 17078.72(k), 17079, 17079.10, 17280, 56026 and 101012(a)(8) of the Education Code;

Section 53311, Government Code; and Sections 1771.3 in effect on January 1, 2012 through June 19, 2014 and 1771.5, Labor Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 es- tablished, through Senate Bill 50,

Chapter 407, Statutes of 1998, the School Facility Program (SFP). The SFP provides a per−pupil grant amount to qualifying school districts for purposes of constructing school facilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were approved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999.

At its September 25, 2019 meeting, the SAB adopted proposed regulatory amendments that amend the defi- nitions of “Rural Area” and “Suburban Area” for pur- poses of determining the funding order for applications participating in the Career Technical Education Facili- ties Program (CTEFP) under the SFP. The California Department of Education (CDE) and OPSC collabora- tively administer the CTEFP.

School districts that wish to participate in the CTEFP submit applications to CDE in order to be assigned a plan score, which is based on statutory requirements, and then school districts file an application and submit it to OPSC. OPSC funds appli- cations by the highest overall plan score and locale (Ur- ban, Suburban and Rural) as provided in the SFP Regu- lations. This definition is also used in the Charter School Facilities Program (CSFP) and will have a simi- lar effect in more accurately determining the locale code designation of a project.

Bond Funds Impacted  Kindergarten−University Public Education Facilities Bond Act of 2006 (Proposition 1D)  Kindergarten through Community College Public Education Facilities Bond Act of 2016 (Proposition 51) Attached to this Notice is the specific regulatory lan- guage of the proposed regulatory action, along with the proposed regulatory amendments. The proposed regu- lations can also be reviewed on OPSC’s website at: https://www.dgs.ca.gov/OPSC/Resources/Page− Content/Office−of−Public−School−Construction− Resources−List−Folder/Laws−and−Regulations.

Copies of the proposed regulatory amendments will be mailed to any person requesting this information by us- ing OPSC’s contact information set forth below in this Notice. The proposed regulations amend the SFP Regu- lations under the California Code of Regulations, Title 2,

Chapter 3, Subchapter 4, Group 1, State Allocation Board, Subgroup 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998. Background and Problem Being Resolved As stated above, the CDE and OPSC collaboratively administer the CTEFP. School districts that wish to par- ticipate in the CTEFP submit applications to CDE in or- der to be assigned a plan score, which is based on statu- tory requirements, and then school districts file an ap- plication and submit it to OPSC.

OPSC funds applica- tions by the highest overall plan score and locale (Ur- ban, Suburban and Rural) as provided in the SFP Regulations. In the fifth CTEFP funding cycle, 220 applications were filed and received by OPSC and once the applica- tions were ordered by the highest overall plan score and locale (Urban, Suburban and Rural), the result was over 95 percent of the applications received in the “Rural Area” were funded, while only 26 percent were funded in the “Urban Area” and 23 percent in the “Suburban Area” locales.

Stakeholders expressed concerns about the equity of the funding order for the CTEFP, specifi- cally about the assignment off the Town locale codes in the definition of “Suburban Area.” OPSC held two stakeholder meetings to discuss and illustrate the im- pact of regulation changes.

Although there was not an overwhelming consensus favoring one over another, there was consensus to move the sites classified as “Town” from the definition of “Suburban Area” to the definition of “Rural Area.” OPSC performed a search on whether the proposed regulatory amendments were consistent and compati- ble with existing State laws and regulations. After per- forming the search, OPSC, on behalf of the SAB, has determined that the proposed regulatory amendments are consistent and compatible with existing State laws and regulations.

Proceeding with the proposed regula- tory amendments will help to equalize the number of applications funded across all three locales. Anticipated Benefits of the Proposed Regulations The proposed regulatory amendments promote fair- ness and equity to the funding process for the three lo- cales so similar applications can compete against each other. This will benefit school districts and local educa- tional agencies by distributing state bond funds on an equitable basis by moving the Town designation within the definition of “Rural Area.” In the CTEFP, this 229

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z should allow for higher scoring applications in the Town locale to compete with similar Rural applicants in order to receive funding, which is in alignment with the statutory intent to distribute CTEFP funding equitably. This will also help ensure that the most accurate locale designation is assigned to projects in the CSFP.

The State of California will also benefit by continuing to provide facilities needed for students to learn the skills and knowledge critical for today’s high−demand tech- nical careers resulting in a positive impact to the State’s economy as well as supporting job creation. The proposed amendments are therefore determined to be consistent and compatible with existing State laws and regulations. Proceeding with the implementation of the proposed amendments carries out the will of the vot- ers based on the successful passage of Proposition 1D in November 2006 and Proposition 51 in November 2016.

Summary of the Proposed Regulatory Amendments Existing Regulation

Section 1859.2 provides the meaning of additional specific words and terms that are essential to these regulations. The proposed regulatory amendments delete the locale codes (31, 32 and 33) from the definition of “Suburban Area” and add them to the definition of “Rural Area.” It was necessary to amend these two

definitions in order to help similarly situated applications compete against one another [“Suburban Area” and “Rural Area”]. Statutory Authority and Implementation Education Code

Section 17070.35(a). In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitu- tion, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemaking provi- sions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administra- tion of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportionments under this part, it shall prescribe rules and regulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any information it may deem necessary or appropriate. Unless otherwise pro- vided in the appropriation act, the board may require that applications for allocations or apportionments be submitted to it for approval.

Determination of Inconsistency or Incompatibility with Existing State Regulations The CDE and OPSC collaboratively administer the CTEFP. School districts that wish to participate in the CTEFP submit applications to CDE in order to be as- signed a plan score, which is based on statutory require- ments, and then school districts file an application and submit it to OPSC. OPSC funds applications by the highest overall plan score and locale (Urban, Suburban and Rural) as provided in the SFP Regulations.

In the fifth CTEFP funding cycle, 220 applications were filed and received by OPSC and once the applica- tions were ordered by the highest overall plan score and locale (Urban, Suburban and Rural), the result was over 95 percent of the applications received in the “Rural Area” were funded, while only 26 percent were funded in the “Urban Area” and 23 percent in the “Suburban Area” locales.

Stakeholders expressed concerns about the equity of the funding order for the CTEFP, specifi- cally about the assignment off the Town locale codes in the definition of “Suburban Area.” OPSC held two stakeholder meetings to discuss and illustrate the im- pact of regulation changes to the funding order.

Al- though there was not an overwhelming consensus fa- voring one over another, there was consensus to move the sites classified as “Town” from the definition of “Suburban Area” to the definition of “Rural Area.” After conducting a review, the SAB has concluded that these are the only regulations on this subject area, and therefore, the proposed amendments are neither in- consistent nor incompatible with existing State laws and regulations. The proposed regulatory amendments are within the SAB’s authority to enact regulations for the SFP under Education Code

Section 17070.35 and Government Code

Section 15503. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulatory amendments do not im- pose a mandate or a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with Sec- tion 17500) of Division 4 of the Government Code. It will not require local agencies or school districts to in- cur additional costs in order to comply with the pro- posed regulatory amendments.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories:  The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.  The SAB is not aware of any cost impacts that a representative private person or business would 230

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z necessarily incur in reasonable compliance with the proposed action.  There will be no non−discretionary costs or savings to local agencies.  The proposed regulatory amendments create no costs to any local agency or school district requiring reimbursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the required district contribution toward each project as stipulated in statute.  There will be no costs or savings in federal funding to the State.  The proposed regulatory amendments create no costs or savings to any State agency beyond those required by law.  The SAB has made an initial determination that there will be no impact on housing costs.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact to Businesses and Jobs in California The proposed regulatory amendments promote fair- ness and equity to the funding process for the three lo- cales so similar applications can compete against each other.

This will benefit school districts and local educa- tional agencies by distributing state bond funds on an equitable basis by moving the Town designation within the definition of “Rural Area.” In the CTEFP, this should allow for higher scoring applications in the Town locale to compete with similar Rural applicants in order to receive funding, which is in alignment with the statutory intent to distribute CTEFP funding equitably. This will also help ensure that the most accurate locale designation is assigned to projects in the CSFP.

Proceeding with the implementation of the proposed regulatory amendments will provide facilities needed for students to learn the skills and knowledge critical for today’s high−demand technical careers resulting in a positive impact to the State’s economy as well as sup- porting job creation. The CTEFP carries out the will of the voters based on the successful passage of Proposi- tion 1D in November 2006 and Proposition 51 in No- vember 2016.

Therefore, the proposed regulations will most likely have a positive effect on the State’s economy, creation of jobs, creation of new businesses, and expansion of businesses, and will not eliminate jobs or eliminate ex- isting businesses within California. Benefits to Public Health and Welfare, Worker’ s Safety, and the State’ s Environment  The proposed regulatory amendments promote fairness and equity to the funding process for the three locales so similar applications can compete against each other.

This will benefit school districts and local educational agencies by distributing state bond funds on an equitable basis by moving the Town designation within the definition of “Rural Area.” In the CTEFP, this should allow for higher−scoring applications in the Town locale to compete with similar Rural applicants in order to receive funding, which is in alignment with the statutory intent to distribute CTEFP funding equitably.

This will also help ensure that the most accurate locale designation is assigned to projects in the CSFP.  The proposed regulations promote the State’s general welfare by providing facilities needed for students to learn the skills and knowledge critical for today’s high−demand technical careers. The CTEFP carries out the will of the voters based on the successful passage of Proposition 51 in November 2016.  There are continued benefits to the health and welfare of California residents and worker safety.

School districts and local educational agencies utilize construction and trades employees to work on school construction projects and although this proposed regulation does not directly impact worker safety, existing law provides for the availability of a skilled labor force and encourages improved health and safety of construction and trades employees through proper apprenticeship and training.

Further, public health and safety is enhanced because a properly paid and trained workforce will build school construction projects that are higher quality, structurally code− compliant and safer for use by pupils, staff, and other occupants on the site.  There is no impact to the State’s environment from the proposed regulatory amendments. The SAB finds the proposed regulations fully consis- tent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulatory amendments will not have a negative impact on small businesses in the ways identified in subsections (a)(1)−(4) of

Section 4, Title 1, CCR. Although the pro- posed regulatory amendments only apply to school dis- tricts and local education agencies for purposes of fund- ing school facility projects, the demand on the manufac- turing and construction−related industries could poten- tially stimulate the creation of small businesses in these areas. 231

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, argu- ments or contentions, in writing, submitted via U.S. mail, e−mail or fax, relevant to the proposed regulatory action. Written comments submitted via U.S. mail, e−mail or fax must be received at OPSC no later than March 30, 2020. The express terms of the proposed reg- ulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, e−mail or fax, regarding the proposed regulatory action, re- quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con- cerning the substance of the proposed regulatory action should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 6th Floor West Sacramento, CA 95605 E−mail Address: lisa.jones@dgs.ca.gov Fax Number: (916) 375−6721 AGENCY CONTACT PERSONS General or substantive questions regarding this No- tice of Proposed Regulatory Action may be directed to Ms.

Lisa Jones at (916) 376−1753. If Ms. Jones is un- available, these questions may be directed to the backup contact person, Mr. Michael Watanabe, Chief of Ad- ministrative Services, at (916) 376−1646. ADOPTION OF REGULATIONS Please note that, following the public comment peri- od, the SAB may adopt the regulations substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifications are made, the modified text with the changes clearly in- dicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula- tions should be addressed to the agency’s regulation co- ordinator identified above. The SAB will accept written comments on the modified regulations during the 15−day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulations with modifications not sufficient- ly related to the original text, the modified text will not be adopted without complying anew with the notice re- quirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, reports or written comments are received they will be added to the rulemaking file. The file is available for public in- spection at OPSC during normal working hours.

Items 1 through 3 are also available on OPSC’s Internet Web site at: https://www.dgs.ca.gov/OPSC/Resources/ Page−Content/Office−of−Public−School− Construction−Resources−List−Folder/Laws−and− Regulations then click on “SFP Pending Regulatory Changes.” ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB has determined that no rea- sonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

OPSC held two stakeholder meetings to discuss and receive input from stakeholders regarding the “Suburban Area” and “Rural Area” locales. Stakeholders were supportive in having the Town locale codes moved to the “Rural 232

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z Area” so that similarly situated applicants in the three locales could more evenly compete against each other for state funding. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the agency’s regulation coordinator named in this notice or may be accessed on the website listed above. TITLE 13. CALIFORNIA HIGHWAY PATROL AMEND TITLE 13, CALIFORNIA CODE OF REGULATIONS, DIVISION 2,

CHAPTER 6,

ARTICLE 1,

SECTION 1153 Explosives Stops (CHP−R−2020−06202) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations (CCR),

Section 1153, Safe Stopping and Parking Places, related to the designation of safe stop- ping places, safe parking places, inspection stops, and required inspection stops for commercial vehicles transporting explosives on highways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to

Section 31616, Designation of Routes, of the California Vehicle Code (CVC), the CHP shall pre- scribe, by regulation, a list of safe stopping places for commercial vehicles transporting explosives on high- ways.

Section 31616 CVC further requires the CHP to revise the list and keep it current. The proposed amend- ments will update the list of safe stopping places in the regulation. The CHP’s field commands conduct annual surveys on the explosives routes and safe stopping places to de- termine if changes are necessary. The CHP field com- mands inspected the locations of business establish- ments serving as safe stopping and parking places.

Business owners expressed their willingness to provide their business location and service information in the CCR by signing the CHP 114, Designation as Safe Stopping Place, or CHP 114A, Designation as Safe Parking Place. The proposed amendments will update the list of safe stopping places to be used by carriers transporting ex- plosives along the designated explosives routes. These updates are due to permissions received or denied, or a change of business information or ownership. The CHP has received concurrence with the proposed regulation amendments from the State Fire Marshal.

This proposed regulatory action will continue to pro- vide a nonmonetary benefit to the protection of the health, safety, and welfare of California’s residents, workers, and environment. The changes to the applica- tion of the regulation are not substantive and bring the regulation into conformance with existing statute. The proposed changes update and clarify safe stopping places designated for carriers transporting explosives, and contribute to transportation safety and public health.

During the process of developing these regulations and amendments, the CHP has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent, nor in- compatible, with existing federal and state regulations. PUBLIC COMMENT Any interested person may submit written comments on the proposed action via facsimile at (916) 322−3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Dr. Tian−Ting Shih P.O. Box 942898 Sacramento, CA 94298−0001 Written comments will be accepted until 5:00 p.m., on March 30, 2020. PUBLIC HEARINGS No public hearing has been scheduled. If any person desires a public hearing, a written request must be re- ceived by the CHP, Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. A V AILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory action, the information upon which this action is based, and the proposed regulation text in strikeout and underline for- mat. Requests to review or receive copies of this infor- mation should be directed to the CHP either at the above address, by facsimile at (916) 322−3154, or by calling the CHP, CVS, at (916) 843−3400. All requests for in- formation should include the following: the title of the 233

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z rulemaking package, the requester’s name, proper mail- ing address (including city, state, and zip code), and a daytime telephone number in case the information is in- complete or illegible. The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP, CVS, for an ap- pointment. All documents regarding the proposed action are available through the CHP’s website at https://www. chp.ca.gov/News−Alerts/Regulatory−Actions.

Any person desiring to obtain a copy of the adopted text and a final statement of reasons may request them at the above noted address. Copies will also be posted on the CHP website. CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or the substance of the proposed regulations should be directed to Dr. Tian− Ting Shih or Sergeant Robert Daniels at (916) 843−3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or nonsubstantive in nature, the full text of the resulting regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL IMPACT AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will not impose any new mandate up- on local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Government Code (GC) Sections 17500−17630 require reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of Cal- ifornia, nor result in the elimination of existing busi- nesses, or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.

Benefits of the Proposed Action: The proposed regu- lation updating safe stopping places designated for car- riers transporting explosives will continue to provide benefits, including the nonmonetary benefit of protect- ing public health and safety for residents, workers, and the environment by providing a regulatory basis for en- forcement efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has determined the proposed regulatory ac- tion may affect small businesses. If a business can no longer meet the requirements for safety, they will be deleted from the list of safe stopping and safe parking places.

However, due to the very limited number of commercial vehicles transporting explosives on the designated routes in the state, no foreseeable economic impact is projected for a small business to be removed from the list. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP has determined that no reasonable alternative con- sidered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The CHP invites in- terested parties to present statements or arguments with respect to alternatives to the proposed regulations dur- ing the written comment period. AUTHORITY This regulatory action is being taken pursuant to Sec- tion 31616, CVC. REFERENCE This action implements, interprets, or makes specific Sections 31303, 31304, 31601, 31602, 31607, 31611, 31614, and 31616, CVC. 234

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z TITLE 13. CALIFORNIA HIGHWAY PATROL TITLE 13, CALIFORNIA CODE OF REGULATIONS, DIVISION 2,

CHAPTER 6,

ARTICLE 3, AMEND SECTIONS 1160.2, 1164 GENERAL HAZARDOUS MATERIALS REGULATIONS (CHP−R−2018−08) In compliance with the requirements of Title 49, United States Code,

Chapter 51,

Section 5125, and Title 49, Code of Federal Regulations (CFR),

Part 107, Sub-

part C, the California Highway Patrol (CHP) proposes to amend the state’s hazardous materials regulations (HMR) to be consistent with national transportation re- quirements as required by federal law. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Title 13, California Code of Regulations (CCR), Di- vision 2,

Chapter 6,

Article 3, Sections 1160 through 1167, contain the CHP’s regulations governing the highway transportation of hazardous materials (HM). These sections contain general provisions, hazard clas- sification and shipping names, HM training, and the re- porting of incidents involving HM or hazardous waste. The proposed rulemaking action will make substan- tive changes to align state and federal HMR for persons subject to federal jurisdiction pursuant to Title 49, CFR,

Section 171.1. Adopting and incorporating by refer- ence the October 1, 2019, edition of the federal HMR in Title 13, CCR,

Section 1160.2, ensures this alignment. This proposed rulemaking action also proposes the amendment of one additional section. Title 13, CCR,

Section 1164, prescribes the requirements for the load- ing and securement of HM in motor vehicles. Subsec- tion (

a) requires compliance with Title 49, CFR,

Part 177, Subparts A, B, and C. Title 49, CFR,

Section 177.834(a), requires HM to be secured against shifting, including relative motion between packages, within the vehicle on which it is being transported under condi- tions normally incident to transportation. Subsection (

b) of Title 13, CCR,

Section 1164, mandates the use of specific securement methods and places additional con- trols on the transportation of portable tanks. Subsection (

b) requirements are inconsistent with the federal HMR and must be repealed to avoid federal preemption. Anticipated Benefits of Proposed Regulation This amendment would provide a nonmonetary ben- efit to the protection and safety of public health, em- ployees, and the environment, as well as consistency between state and federal regulations, by providing a regulatory authority for enforcement efforts as they re- late to violations of the current HMR found in Title 49, CFR.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The CHP has determined this proposed regulation is neither inconsistent, nor incompatible, with existing regulations. After conducting a review for any regula- tions that would relate to or affect this area, CHP has concluded that these are the only regulations that con- cern the General Hazardous Materials Regulations.

PUBLIC COMMENTS Interested persons may submit written comments on these proposed actions via facsimile to (916) 322−3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Enforcement and Planning Division Commercial Vehicle

Section Attention: Sergeant Robert Daniels, Jr. P.O. Box 942898 Sacramento, CA 94298−0001 Written comments will be accepted until March 30, 2020. No public hearing has been scheduled. If any person desires a public hearing, a written request must be re- ceived by the CHP, Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. A V AILABILITY OF INFORMATION The CHP has available for public review an Initial Statement of Reasons for the proposed regulatory ac- tion, the information upon which this action is based (the rulemaking file), and the proposed regulation text. Requests to review or receive copies of this information should be directed to the CHP at the above address, by facsimile to (916) 322−3154, or by calling the CHP, CVS, at (916) 843−3400.

All requests for information should include the following information: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in case the requester’s in- formation is incomplete or illegible. The rulemaking file is available for inspection at the CHP, CVS, 601 North 7th Street, Sacramento, CA 95811. Interested parties are advised to call for an ap- pointment. All documents regarding the proposed action are also available through the CHP’s website at https://www. chp.ca.gov/News−Alerts/Regulatory−Actions. 235

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z CONTACT PERSON EFFECT ON SMALL BUSINESSES Any inquiries concerning the written materials per- taining to the proposed regulations, or questions regard- ing the substance of the proposed regulations, should be directed to Sergeant Robert Daniels, Jr. or Officer David Kelly, CHP, CVS, at (916) 843−3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or nonsubstantive in nature, the full text of the resulting regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL AND ECONOMIC IMPACT/RESULTS OF THE ECONOMIC IMPACT ANALYSIS The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will impose no new mandate upon lo- cal agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Sec- tions 17500−17630 of the Government Code (GC) re- quire reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create or eliminate jobs in the State of California, nor result in the elimination of existing businesses, nor create or expand businesses in the State of California; (5) will have no significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states; and (6) will contin- ue to provide a nonmonetary benefit to the protection and safety of public health, employees, and the environ- ment by providing a regulatory authority for enforce- ment efforts as they relate to violations of the current HMR found in Title 49, CFR.

The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified. COST IMPACTS ON PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a pri- vate person or business would incur while maintaining compliance with the proposed action. The CHP has not identified any significant adverse effect on small businesses. The proposed regulations do not increase any requirements upon any small business- es.

Businesses subject to federal jurisdiction are cur- rently required to comply with the federal HMR and, therefore, the mere adoption of regulations to avoid pre- emption or to grant enforcement authority of preexist- ing regulations provides no additional impact on busi- nesses. The proposed regulatory amendment to Title 13, CCR,

Section 1160.2, is already applicable and en- forceable on businesses subject to federal jurisdiction pursuant to Title 49, CFR,

Part 171. The federal HMR being adopted by reference in Title 13, CCR, were subjected to procedures under the Feder- al Administrative Procedure Act (FAPA). The FAPA provided regulated businesses the opportunity to partic- ipate in the rulemaking process, prior to adopting the current federal HMR. CONSIDERATION OF ALTERNATIVES In accordance with GC

Section 11346.5(a)(13), the CHP must determine that no reasonable alternative con- sidered, or otherwise identified and brought to its atten- tion, would be more effective in carrying out the pur- pose for which the action is proposed, would be as ef- fective and less burdensome to affected private persons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The CHP invites interested parties to present statements or arguments with respect to alterna- tives to the proposed regulations during the written comment period. A V AILABILITY OF FINAL STATEMENT OF REASONS Once the Final Statement of Reasons for this pro- posed regulatory action is available, the public may re- quest to review or receive copies of the statement. Re- quests should be directed to the CHP at the above ad- dress, by facsimile to (916) 322−3154, or by calling the CHP, CVS, at (916) 843−3400.

All requests for infor- mation should include the following information: the ti- tle of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in case the re- quester’s information is incomplete or illegible. AUTHORITY This regulatory action is being taken pursuant to Sec- tions 2402.7 and 34501(b), CVC. 236

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z REFERENCE This action implements, interprets, and/or makes specific Sections 2402.7 and 34501(b), CVC. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) pro- poses to adopt

Section 26.03 in

Article 2.1,

Chapter 1, Division 1, Title 13 of the California Code of Regula- tions, related to entry−level behind the wheel driver training requirements for commercial driver’s license applicants. PUBLIC HEARING A public hearing regarding this proposed regulatory action is not scheduled.

However, a public hearing will be held if any interested person or his or her duly autho- rized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the writ- ten comment period. DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized rep- resentative may submit written comments relevant to the proposed regulations to the contact person identi- fied in this notice.

All written comments must be re- ceived at the department no later than March 30, 2020, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code sections 1651 and 15250.1, in order to implement, interpret, or make specific Vehicle Code

section 15250.1 and Parts 380, 383, and 384 in Title 49, Code of Federal Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Subpart F of

Part 380, Title 49 of the Code of Federal Regulations, requires specified commercial driver’s li- cense applicants to fulfill entry−level driver training re- quirements.

Section 380.605 in Title 49 defines an entry−level driver as an individual who must complete the commercial driver’s license skills test prior to re- ceiving a CDL for the first time, a person who is upgrad- ing to a Class A or Class B commercial driver’s license, or a person who is obtaining a hazardous materials, pas- senger, or school bus endorsement for the first time.

Section 380.609 in Title 49 requires the training be con- ducted by a provider listed on the Training Provider Registry, a federal repository of all authorized training providers in each state. Senate Bill (SB) 1236 (Chapter 984; Statutes of 2018) adopted Vehicle Code

section 15250.1, requiring the department to adopt regulations related to the entry− level driver training requirements for drivers of com- mercial motor vehicles to ensure compliance with Parts 380, 383, and 384 Title 49, CFR. Vehicle Code

section 15250.1 also requires entry−level drivers to complete a minimum of 15 hours behind the wheel training, 10 hours of which shall be on a public road. The department is proposing to adopt

Section 26.03 as a means by which it can make clear that specified commercial driver’s license applicants are required to complete federal behind the wheel driver training re- quirements, but to also identify the means by which the applicant can provide proof to the department of train- ing completion. Proof of training completion will allow the applicant to continue with the commercial driver’s license application process.

CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department conducted a review of other regula- tions and has determined there are no other regulations related to the testing and licensing of commercial driver’s license applicants. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations. COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS

Part 380 in Title 49 of the Code of Federal Regula- tions adopts rules related to the behind the wheel testing for specified commercial driver’s license applicants. This action clarifies the federal testing rule and identi- fies the method by which an applicant can provide proof of completion, as required by statute. The department is adopting rules to clarify the requirements in the federal rules. 237

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z DOCUMENTS INCORPORATED BY REFERENCE The following document is incorporated by reference in

Section 26.03:  California Commercial Driver Behind the Wheel Training Certification, form DL 1236, (New 6/2020) This document will not be published in the California Code of Regulations because it would be impractical and cumbersome to do so; however, the document is readily available to interested parties by contacting the department representative identified below.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial deter- minations concerning the proposed regulatory action:  Cost or Savings to Any State Agency: None.  Other Non−Discretionary Cost or Savings to Local Agencies: None.  Costs or Savings in Federal Funding to the State: None.  Effects on Housing Costs: None.  Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None.  Cost Impact on Representative Private Persons or Businesses: This action does not impose any costs on representative private persons or businesses. While a training provider would likely charge a fee to train an applicant, it is not required, and any fees charged by a training provider to train an applicant is outside the scope of this action.

This proposed action has no associated costs to private persons or businesses.  Small Business Impact: This proposed action is unlikely to impact small business as this proposed action affects individuals applying to the department for a commercial driver’s license.  Local Agency/School District Mandate: The proposed regulatory action will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code.  Significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: This regulation will not have an adverse economic impact on businesses. This proposed action requires specified commercial driver’s license applicants to fulfill entry−level driver training requirements prior to taking a skills test or knowledge test. These rules impact individual applicants and not businesses.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: The department has determined that this action will not impact 1) the creation or elimination of jobs within the State of California, 2) the creation or elimination of existing businesses within the State of California, or 3) the expansion of businesses currently doing business within the State of California, or 4) worker safety or the state’s environment. This proposed action may benefit the welfare of Cali- fornia residents.

The proposed rule imposes federally mandated entry−level driver training requirements and state law ensures sufficient hours of experience by re- quiring applicants to complete a minimum of fifteen hours of behind the wheel training, with ten of those hours being on a public roadway. The state and federal rules, together, ensure that commercial driver’s license applicants have adequate behind the wheel training as part of the licensing process. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre−notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed dur- ing the comment period.

ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, or would be effective as and less burdensome to 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 provisions of law. 238

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z CONTACT PERSON Any inquiries or comments concerning the proposed rulemaking action may be addressed to: Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C−244 Sacramento, CA 94232−3820 Any inquiries or comments concerning the proposed rulemaking action requiring more immediate response may use: Telephone: (916) 657−8898 Facsimile: (916) 657−6243 E−Mail: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657−6469 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action, and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Express Terms of the proposed regulatory action using under- line or italics to indicate additions to, and strikeout to in- dicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of public records, including reports, documentation and other materials related to the proposed action.

In addition, the above−cited materials (the Notice of Proposed Regula- tory Action, the Initial Statement of Reasons, and Ex- press Terms) may be accessed at http://www.dmv.ca. gov/portal/dmv/detail/about/lad/regactions. A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice.

If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regu- lations. Request for copies of any modified regulations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made avail- able to the public. TITLE 16.

BOARD OF PSYCHOLOGY NOTICE IS HEREBY GIVEN that the Board of Psy- chology (hereinafter “Board”) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held: Wednesday, April 1, 2020, at 11:00 a.m.

Department of Consumer Affairs 1625 North Market Blvd., El Dorado Room (2 nd Floor North, #220) Sacramento, CA 95834 Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office no later than Monday, March 30, 2020, or must be received by the Board at the hearing. The Board may thereafter adopt the proposals as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the excep- tion of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri- or to its adoption from the person designated in this No- tice as contact person and will be mailed to those per- sons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Authority and Reference: Pursuant to the authority vested by Sections 481, 482, 493, and 2930 of the Business and Professions Code, and to implement, interpret or make specific Sections 141, 480, 481, 482, 490, 493, 2960, 2962, 2963, 2964.3 of said Code, the Board is considering changes to Divi- sion 13.1 of Title 16 of the California Code of Regula- tions (CCR) as follows: INFORMATIVE DIGEST A. Informative Digest The California Board of Psychology (Board) seeks to make conforming changes as required by the passage of AB 2138 (Chiu,

Chapter 995, Statutes of 2018), hereafter referenced as AB 239

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z 2138. This bill requires the Board to amend its existing regulations governing substantially related crimes or acts, and rehabilitation criteria. As required by AB 2138, the Board proposes to amend 16 CCR 1394, 1395, and 1395.1 to adhere to these mandates and revise its substantial relationship criteria, and rehabilitation criteria for denials, reinstatements, suspensions, and revocations. B.

Policy Statement Overview/Anticipated Benefits of Proposal As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for individuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California residents. In addition, the proposal seeks to improve clarity, transparency, and consistency for applicants and licensees in the Board’s use of criminal history information in relation to licensure and enforcement decisions.

Further, by reducing barriers to licensure, the Board anticipates benefits to consumers who may have greater access to licensed professionals. The proposed changes bring the Board into compliance with the upcoming changes to the law resulting from AB 2138 and, to the extent possible, maintains adequate consumer protections by ensuring Board licensees are fit to practice independently and safely with vulnerable consumer populations. C.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations, on this topic, and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORA TION BY REFERENCE N/A FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board anticipates that there may be an increased cost to the state as a result of amending and adopting the sections identified in the regulatory proposal. By fur- ther defining the substantial relationship and rehabilita- tion criteria for criminal convictions, Board staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved.

Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Require Reimbursement: None. Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Board estimates that there will be no increased costs for businesses or individuals to comply with the proposed regulations, as there would be fewer restric- tions for individuals with criminal convictions to obtain licensure. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tions may affect small businesses. It may increase the ability of some individuals with past convictions or dis- ciplinary action to obtain a Board license where they previously could not.

Having more licensees increases the pool of hirable candidates for small businesses look- ing to hire licensed mental health professionals. In addi- tion, the proposed regulations may affect small busi- nesses, who wish to hire or contract with registrants of the Board who need to obtain Supervised Professional Experience for licensure. The effect would be a poten- tially greater pool of licensees and registrants from which to hire.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing busi- nesses, or the expansion of businesses in the State of California. While these changes may make it easier for individuals to become licensed, maintain licensure, or 240

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z be reinstated, that has a negligible bearing on the cre- ation of new jobs. Benefits of Regulation: The Board has determined that this proposal may benefit individuals with a criminal history who would have greater access to licensure and provide economic opportunity to California residents with a criminal his- tory. The public may benefit from the proposal with in- creased access to mental health services, which may benefit the health and welfare of California’s residents.

The practice of psychology, in California, may benefit as the State would have a larger pool of licensed profes- sionals from which to select from. The regulatory pro- posal does not affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board of Psychology must determine that no rea- sonable 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 proposed, would be as effective and less burdensome to affected private per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

Any interested person may present state- ments or arguments, orally or in writing, relevant to the above determinations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the person designated in the Notice under Contact Person or by accessing the Board’s website, www.psychology.ca.gov.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below. You may obtain a copy of the final statement of reasons, once it has been prepared, by mak- ing a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Any inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Jason Glasspiegel Address: 1625 North Market Blvd., Suite N215 Sacramento, CA 95834 Telephone Number: (916) 574−7137 Fax Number: (916) 574−8672 E−Mail Address: Jason.Glasspiegel@dca.ca.gov The backup contact person is: Name: Jeffrey Thomas Address: 1625 North Market Blvd., Suite N215 Sacramento, CA 95834 Telephone Number: (916) 574−7116 Fax Number: (916) 574−8672 E−Mail Address: Jeffrey.Thomas@dca.ca.gov Website Access: Materials regarding this proposal can be found at: http://www.psychology.ca.gov/laws_ regs/regulations.shtml.

GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Unified Program Fee

Schedule Supplemental Revisions for Trinity County and Imperial County CUPAs Notice is hereby given that the Secretary for the Cali- fornia Environmental Protection Agency (CalEPA) has 241

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z identified and corrected errors made in notices previ- ously published in the California Notice Register, Reg- ister 2019, Number 39−Z on September 27, 2019 and Register 2020, Number 3−Z, January 17, 2020. Both notices proposed an increase to the fee

schedule for the California Department of Toxic Substances Control (DTSC) Certified Unified Program Agencies (CUPAS) of Imperial County and Trinity County. CalEPA ap- proved the increases as necessary to cover the rise of costs necessary and reasonable to implement the Uni- fied Program according to Title 27,

Section 15241(b). The conversion of the fee

schedule tables to be acces- sible according to the American with Disabilities Act resulted in the errors detailed below. The following are revisions to the fee

schedule for Trinity County CUPA, Notice Number Z−2019−0917−05:  Fiscal Year 2019/2020: Underground Storage Tank (UST) Program  Fee Type: UST:  Previous language should not read “Between or to 19,000 to 34,000 gallons” but should read “Equal to or greater than 19,000 to less than 34,000 gallons” — Current Rate: $1,000 — Increase Amount: $1,205 — New Rate: $2,205  Fee Type: UST:  Previous language should not read “Greater than 34,000 gallons” but should read “Equal to or greater than 34,000 gallons” — Current Rate: $1,200 — Increase Amount: $1,318 — New Rate: $2,518  Fiscal Year 2020/2021: UST Program  Fee Type: UST:  Previous language should not read “Between or to 19,000 to 34,000 gallons” but should read “Equal to or greater than 19,000 to less than 34,000 gallons” — 2019/2020 Rate: $2,205 — Increase Amount: $1,205 — New Rate: $3,410  Fee Type: UST:  Previous language should not read “Greater than 34,000 gallons” but should read “Equal to or greater than 34,000 gallons” — 2019/2020: $2,518 — Increase Amount: $1,319 — New Rate: $3,837 The following are revisions to the fee

schedule for Imperial County CUPA, Notice Number Z−2020−0107−02:  Aboveground Petroleum Storage Tank (APSA) Program  Fee Type: APSA:  Previous language should not read “Greater than 10,000 to less than 100,000 gallons” but should read “Equal to or greater than 1,000,000 gallons” — Current Rate: n/a — Increase Amount: $1,438* — New Rate: $1,537  Underground Storage Tank Fees  Fee Type: UST  Previous language should not read “Between or Equal To 19,000 to 34,000 gallons” but should read “Equal to or greater than 19,000 to less than 34,000 gallons” — Current Rate: $2,518 — Increase Amount: $2,424 — New Rate: $4,942  Fee Type: UST  Previous language should not read “Greater than 34,000 gallons” but should read “Equal to or greater than 34,000 gallons” — Current Rate: $3,777 — Increase Amount: $1,824 — New Rate: $5,601  California Accidental Release Program (CalARP)  Fee Type: CalARP  Current Rate: $3,258 — Previous language should not read “Increase Amount” but should read “Decrease Amount”: ($183) — New Rate: $3,075  Permitting: The categories of Conditional Exemption and Conditional Authorization were incorrectly identified as each other.  Fee Type: Previous language should not read “Tiered Permitting Conditional Exemption” but should read “Permit by Rule/Conditional Authorization”  Current Rate: $864 — Increase Amount $184 — New Rate: $1,048  Fee Type: Previous language should not read “Permit by Rule/Conditional Authorization” but should read “Tiered Permitting Conditional Exemption”  Current Rate: $518 — Increase Amount $143 — New Rate: $661 DTSC noticed impending Fiscal Year 2019 fee ad- justments in recent invoices to all regulated entities.

The Unified Program Fee

Schedule corrections are con- sidered effective immediately upon final publication in the California Regulatory Notice Register. 242

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION NOTICE IS HEREBY GIVEN that, pursuant to the provisions of

Section 2073.3 of the Fish and Game Code, the California Fish and Game Commission (Commission), on January 23, 2020, received a petition from the Center for Biological Diversity and the Turtle Island Restoration Network to list Pacific leatherback sea turtle (Dermochelys coriacea) as an endangered species under the California Endangered Species Act. Pacific leatherback sea turtles (leatherbacks) spend nearly their entire lives in the ocean’s pelagic zone (i.e., the water column of the open ocean).

Some females may forage year−round in tropical habitats near nesting beaches; others undertake a lengthy migration to ex- ploit temperate foraging habitats like that off central California. The latter forage in temperate waters except during the nesting season, when gravid females migrate to tropical beaches to lay eggs. Recent research discov- ered distinct migration corridors used by the leatherback which follows seasonally abundant aggre- gations of prey along the temperate continental shelf.

In summer and fall leatherbacks are known to exploit dense aggregations of jellyfish throughout the nearshore regions from Central California to Northern Oregon. Additionally, leatherbacks are known to ex- ploit convergence zones and upwelling areas where ag- gregations of prey commonly occur. Oceanographic re- tention zones and upwelling shadows, such as those in the neritic waters off Central California, are particularly favorable habitat for leatherback prey.

Leatherbacks are most frequently observed feeding on Pacific sea nettle (Chrysaora fuscescens), purple−striped jelly (Chrysaora colorata), and common or moon jellies (Aurelia spp.) which are especially common in reten- tion areas between Point Reyes and Monterey Bay, California. Pursuant to

Section 2073 of the Fish and Game Code, on February 3, 2020, Commission staff transmitted the petition to the California Department of Fish and Wildlife (Department) for review pursuant to

Section 2073.5 of said code. The Commission will receive the petition at its February 21, 2020 meeting in the Natural Resources Building Auditorium, First Floor, 1416 Ninth Street, Sacramento, California. It is anticipated that the Department’s evaluation and recommendation relating to the petition will be received by the Commis- sion at its June 24−25, 2020, meeting. The exact loca- tion of the June 24−25, 2020 meeting has not yet been determined.

Interested parties may contact John Ugoretz, Pelagic Fisheries and Ecosystem Program Manager, California Department of Fish and Wildlife, 1933 Cliff Drive, Suite 9, Santa Barbara, CA 93109, telephone (805) 568−1226, or email John.Ugoretz@wildlife.ca.gov for information on the petition or to submit information to the Department relating to the petitioned species.

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

File# 2019−1218−01 AIR RESOURCES BOARD Zero−Emission Airport Shuttle Bus The California Air Resources Board (CARB) is re- submitting this action (2019−0729−04S) which man- dates the use of Zero−emission vehicle (ZEV) technolo- gy in airport shuttles and transitions the fleets to fully ZEV by 2035. CARB establishes the fleet require- ments, record keeping requirements, exemptions and penalties for airport shuttle fleets transitioning to ZEV .

Title 17 ADOPT: 95690.1, 95690.2, 95690.3, 95690.4, 95690.5, 95690.6, 95690.7, 95690.8 Filed 01/30/2020 Effective 04/01/2020 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2019−1218−02 BOARD OF EQUALIZATION Veterans’ Exemption In this change without a regulatory effect, the Board amends its regulation to modify the maximum welfare exemption amount for low−income housing properties, pursuant to Senate Bill 1115 (Stats. 2018, Ch. 694).

The regulation is changed from stating that the amount of the exemption shall not exceed $20,000 in tax to stating that the amount of the exemption shall not exceed $20,000,000 in assessed value. 243

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z Title 18 AMEND: 140 Filed 01/29/2020 Agency Contact: Lawrence Lin (916) 322−1982 File# 2019−1218−03 BOARD OF EQUALIZATION Veterans’ Exemption In this change without a regulatory effect, the Board renumbers

section 464 as

section 149 to move the regu- lation, entitled Veterans Exemptions, to Division 1,

Chapter 2,

Article 3, of Title 18 of the California Code of Regulations, which addresses Exemptions and Immunities. Title 18 AMEND: 464 [renumbered as

section 149] Filed 01/29/2020 Agency Contact: Lawrence Lin (916) 322−1982 File# 2020−0123−03 BOARD OF FORESTRY AND FIRE PROTECTION Emergency Fuel Hazard Reduction Amendments, 2019 This is the first readoption of emergency rulemaking action no. 2019−0731−01E, which amended emergen- cy timber harvesting practices to reduce wildfire threat and hazardous fuel conditions.

Title 14 AMEND: 913, 933, 953, 1052, 1052.4 Filed 01/30/2020 Effective 02/10/2020 Agency Contact: Eric Hedge (916) 653−9633 File# 2020−0124−01 CALIFORNIA ALTERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY Affordable Multifamily Energy Efficiency Financing Program The California Alternative Energy and Advanced Transportation Financing Authority submitted this emergency action to readopt regulations that establish the Affordable Multifamily Energy Efficiency Financ- ing Program.

The program will provide affordable fi- nancing for owners of multifamily dwellings of five or more units to retrofit specified energy savings measures by providing credit enhancements to private financing institutions.

Title 4 ADOPT: 10093.1, 10093.2, 10093.3, 10093.4, 10093.5, 10093.6, 10093.7, 10093.8, 10093.9, 10093.10, 10093.11 Filed 01/30/2020 Effective 02/05/2020 Agency Contact: Susan Mills (916) 651−3760 File# 2020−0130−01 CALIFORNIA HEALTH BENEFIT EXCHANGE Conflict−of−Interest Code This is a Conflict−of−Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing.

Title 10 AMEND: 6400 Filed 02/05/2020 Effective 03/06/2020 Agency Contact: Faviola Adams (916) 228−8668 File# 2019−1220−03 DEPARTMENT OF CORRECTIONS AND REHABILITATION Audio Video Surveillance Systems This action by the Department of Corrections and Re- habilitation (Department) adopts and amends regula- tions regarding audio−video surveillance in Depart- ment Facilities.

Title 15 ADOPT: 3270.2 AMEND: 3084.7, 3288, 3314, 3315 Filed 02/05/2020 Effective 04/01/2020 Agency Contact: Josh Jugum (916) 445−2266 File# 2019−1220−04 DEPARTMENT OF CORRECTIONS AND REHABILITATION Condemned Inmate Transfer Pilot Program This action by the Department of Corrections and Re- habilitation adopts

section 3999.27 as a pilot program for the condemned inmate transfer program. This filing is exempt from

chapter 3.5 of

part 1 of division 3 of title 2 of the Government Code pursuant to Penal Code sec- tion 5058.1 and is not subject to review by the Office of Administrative Law. This action is effective on filing with the Secretary of State pursuant to Penal Code sec- tion 5058.1 and remains in effect for two years. 244

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 7-Z Title 15 ADOPT: 3999.27 Filed 01/29/2020 Effective 01/29/2020 Agency Contact: Josh Jugum (916) 445−2266 File# 2020−0102−01 DEPARTMENT OF SOCIAL SERVICES Electronic Interview for CalWORKS In this regular rulemaking, the Department of Social Services is amending CalWORKs interview regula- tions to provide County Welfare Departments the op- tion to conduct the personal interviews in the California Work Opportunity and Responsibility to Kids program telephonically or by other electronic means.

Title MPP AMEND: 40−129, 40−131 Filed 02/04/2020 Effective 04/01/2020 Agency Contact: Oliver Chu (916) 657−3588 File# 2020−0110−05 MENTAL HEALTH SERVICES OVERSIGHT AND ACCOUNTABILITY COMMISSION Conflict−of−Interest Code This is a Conflict−of−Interest Code that has been ap- proved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 AMEND: 59550 Filed 02/05/2020 Effective 03/06/2020 Agency Contact: Filomena Yeroshek (916) 445−8701 File# 2019−1224−01 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Known to the State to Cause Cancer or Reproductive T oxicity This file and print action adds the following to the list of chemicals known to the state to cause reproductive toxicity: cannabis and delta−9−tetrahydrocannabinol (THC). This action is exempt from the Administrative Procedure Act pursuant to Health and Safety Code sec- tion 25249.8.

Title 27 AMEND: 27001 Filed 02/04/2020 Effective 02/04/2020 Agency Contact: Tyler Saechao (916) 327−3015 File# 2020−0129−01 STRUCTURAL PEST CONTROL BOARD Wood Destroying Organism Emergency Fee Increase In this emergency rulemaking, the Structural Pest Control Board is increasing the filing fee for each prop- erty inspected or upon which work was completed pur- suant to Business and Professions Code

section 8518 from $3.00 to $4.00. Title 16 AMEND: 1997 Filed 02/04/2020 Effective 02/19/2020 Agency Contact: David Skelton (916) 561−8722 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 245