(Continued on next page) REGISTER Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 41−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 12, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Conflict−of−Interest Code − Notice File No. Z2018−1002−08 .......................................... 1787 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No.

Z2018−1002−04 ......................................... 1787 Amendment Multi−County: Marysville Joint Unified School District Alta Irrigation District Oakdale Irrigation District Alameda Contra Costa Transit District State Agency: Department of Child Support Services TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Gift Limit — Notice File No. Z2018−1002−06 ...................................................... 1788 TITLE 4. CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY Lifeline Grant Program — Notice File No. Z2018−0926−01 ........................................... 1790 TITLE 9.

DEPARTMENT OF REHABILITATION Application and Eligibility for Services — Notice File No. Z2018−1002−02 ............................... 1794 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Certification — Notice File No. Z2018−1002−11 ............................... 1797 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION State Forest Regulations Update, 2018 — Notice File No. Z2018−1002−01 ............................... 1799 TITLE 15. CALIFORNIA PRISON INDUSTRY AUTHORITY Inmate Pay Rates,

Schedule and Movement — Notice File No. Z2018−0928−01 ............................ 1803 TITLE 15. CALIFORNIA PRISON INDUSTRY AUTHORITY Inmate Work Hiring Standards and Requirements — Notice File No. Z2018−0906−01 ....................... 1806

TITLE 15. CALIFORNIA PRISON INDUSTRY AUTHORITY Inmate Work/Training and Education; Participation — Notice File No. Z2018−0824−01 .................... 1810 TITLE 16. VETERINARY MEDICAL BOARD Fee

Schedule — Notice File No. Z2018−1002−09 .................................................... 1812 TITLE 20. CALIFORNIA ENERGY COMMISSION Appliance Efficiency Regulations — Notice File No. Z2018−1002−03 .................................... 1816 TITLE 22. DEPARTMENT OF PUBLIC HEALTH Inpatient Treatment of Eating Disorders — Notice File No.

Z2018−1002−05 .............................. 1821 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Curletti Farming Project, 2080−2018−011−05, Santa Barbara County .......................................... 1825 DEPARTMENT OF FISH AND WILDLIFE Research on San Francisco Garter Snake .......................................................... 1826

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1826 Sections Filed, May 2, 2018 to October 3, 2018 ..................................................... 1828 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1787 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE IS HEREBY GIVEN that the Department of Toxic Substances Control (DTSC), pursuant to the authority vested in it by

section 87306 of the Govern- ment Code, proposes amendment to its conflict−of− interest code. A comment period has been established commencing on October 12, 2018, and closing on No- vember 26, 2018. All inquiries should be directed to the contact listed below. DTSC proposes to amend its conflict−of−interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict−of−interest code include: (1) amending Disclosure Category 2 in 22 California Code of Regulations (CCR)

Section 66250.1 to include a pro- vision regarding business entities or sources that are, or were, registered as a “lobbyist,” “lobbying firm,” or “lobbyist employer”; (2) adding a new Disclosure Cate- gory 4 to 22 CCR

Section 66250.1 for certain employ- ees performing work in information technology posi- tions; (3) adding a new Disclosure Category 5 in 22 CCR

Section 66250.1 for certain employees perform- ing work in procurement positions; (4) deleting posi- tions listed in 22 CCR

Section 66250.2 no longer used by DTSC; (5) adding new or renamed positions current- ly used by DTSC; and (6) added additional language re- garding the reporting requirement of consultants per- forming work for DTSC. The proposed amendment and explanation of the rea- sons can be obtained from DTSC’s contact listed below. Any interested person may submit written comments relating to the proposed amendment by submitting them no later than November 26, 2018, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled.

A person may request a hearing no later than November 12, 2018. DTSC has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Gregory Lyall Attorney IV (916) 324−0339 gregory.lyall@dtsc.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 MULTI−COUNTY: Marysville Joint Unified School District Alta Irrigation District Oakdale Irrigation District Alameda Contra Costa Transit District STATE AGENCY: Department of Child Support Services A written comment period has been established com- mencing on October 12, 2018, and closing on Novem-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1788 ber 26, 2018. Written comments should be directed to the Fair Political Practices Commission, Attention Bri- anne Kilbane, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than November 26, 2018. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT OF INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it by 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 regulations at a public hearing on or after November 15, 2018, at the of- fices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on November 13, 2018. BACKGROUND/OVERVIEW

(1) Biennial Cost of Living Adjustment for Campaign Contribution Limits, Voluntary Expenditure Ceilings, 1 The Political Reform Act is contained in Government Code sec- tions 81000 through 91014. All further statutory references are to the Government Code. The regulations of the Fair Political Prac- tices Commission are contained in sections 18110 through 18997 of Title 2 of the California Code of Regulations (hereafter Regulation).

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1789 and State Officeholder Contribution Limits: Adoption of Amendments to Regulation 18545. Regulation 18545 contains the current campaign contribution limit, voluntary expenditure ceiling amounts, and state officeholder account limits. Sections 83124, 85316(b)(4), and 89503(

f) of the Act, charge the Commission with making a biennial cost of living ad- justment to limit amounts in order to reflect changes in the Consumer Price Index (“CPI’’). The California De- partment of Finance (“DOF”) provides the forecast and actual annual California CPI for All Urban Consumers, which is based upon U.S. Bureau of Labor Statistics. (Section 82001, Regulation l8544(c).) This amendment makes the cost of living adjustments for the period of January 1, 2019 through December 31, 2020.

The adjustments are based on the California CPI for 2018 as the “calendar year immediately preceding the year in which the adjustment is to take effect.” (Reg- ulation 18544(c).) The DOF CPI Forecast, May Revise, prepared in April 2018, lists the 2018 annual forecast California CPI as “271.0.” 2 Regulation 18544(a)(

l) and (2) provide the formula for adjusting contribution limits and voluntary expendi- ture ceilings, which is reflected in the following equation: * As forecast in the DOF Consumer Price Index Forecast, May Revise, dated April 2018. ** Rounded to the nearest $100 for contribution limits; to nearest $1,000 for voluntary expenditure ceilings. The formula for calculating the adjustments to state officeholder accounts contribution limits, found in Regulation l8544(b), is reflected in the following equation: * As forecast in the DOF Consumer Price Index Forecast, May Revise, dated April 2018. ** Rounded to the nearest $100.

(2) Biennial Gift Limit Adjustments: Adoption of Amendments to Regulations 18700, 18730, and 18940.2. The gift limit must also be adjusted biennially by the Commission to reflect changes to the California CPI. (Sections 87103(

e) and 89503(f).) The formula used to calculate the adjusted gift limit is reflected in the fol- lowing equation: * As forecast in the DOF Consumer Price Index Forecast, May Revise, dated April 2018. ** Rounded to the nearest $10. REGULATORY ACTION Amend 2 Cal. Code Regs.

Section 18545: The pro- posed amendments to Regulation 18545 reflect the ad- justed contribution limits and voluntary expenditure ceilings for state candidates for the period of January 1, 2019 through December 31, 2020. Amend 2 Cal. Code Regs. Sections 18700, 18730, 18940.2. The proposed amendments reflect the adjust- ment of the gift limit from $470 to $500 for the period of January 1, 2019 through December 31, 2020. 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 re- lated issues.

The Commission may delete provisions, adopt the language noticed herein, or choose new lan- guage to implement its policy regarding implementa- tion of the CPI adjustments. 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 program or entity. AUTHORITY Government Code

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, 2 A forecast annual CPI is used due to the fact that the actual CPI for a given year is not available until mid−January of the follow- ing year. See http://www.dof.ca.gov/Forecasting/Economics/ Eco_Forecasts_Us_Ca/index.html, CPI−U all items for 2018, for the relevant CPI figure. 3

Section 89503, gift limits, was originally added by Stats. 1990, c. 84. The base year figure for this limitation is from year 1990.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1790 and rescind rules and regulations to carry out the pur- poses and provisions of the Political Reform Act. REFERENCE The purpose of this regulation is to implement, inter- pret, and make specific the following: Amend 2 Cal. Code Regs.

Section and 18545. Gov- ernment Code Sections 83124, 85301, 85302, 85303, 85316 and 85400. Amend 2 Cal. Code Regs. Sections 18700, 18730, and 18940.2. Government Code Sections 82028, 87100, 87103, 87300−87302, 89502, 89503 and 89506. CONTACT Any inquiries should be made to Sara Puricelli, Fair Political Practices Commission, 1102 Q Street, 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 4.

CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY The California Health Facilities Financing Authority (“Authority”) proposes to adopt the regulations de- scribed below after considering all comments, objec- tions and recommendations regarding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action. However, the Authority will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulatory action to the Authority. Comments may also be submitted by facsimile (FAX) at (916) 654−5362 or email at chffa@treasurer.ca.gov. The writ- ten comment period closes at 5:00 p.m. (PST) on No- vember 26, 2018. The Authority will consider only comments received by the Authority office by that time.

Please submit comments to: Rosalind Brewer Program Manager California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Following the written comment period, the Authority may thereafter adopt the proposed regulations substan- tially as described below or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of nonsubstan- tive, technical or grammatical changes, the full text of any modified proposed regulations will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period, and all persons who request notification. Copies of the proposed regulations and the Initial Statement of Reasons are available from the office list- ed on the following page. This notice, the Initial State- ment of Reasons and the text of the proposed regula- tions are available on the internet at https://www. treasurer.ca.gov/chffa/clg/index.asp.

The development of these regulations was based, in part, on the statistical information gathered by the Office of Statewide Health Planning and Development, a State of California agen- cy that collects and disseminates information about California’s healthcare infrastructure. Their report, en- titled “Annual Utilization Report of Primary Care Clin- ics — 2015” is available to the public for reading/pe- rusal as is all information that the Authority considered as the basis for these proposed regulations at the address listed below.

Following its preparation, the Final Statement of Reasons will be available from the office listed below: California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Telephone (916) 653−2799 Facsimile: (916) 654−5362 Email: chffa@treasurer.ca.gov AUTHORITY AND REFERENCE CITATIONS The Authority adopts these regulations under the au- thority granted in

Section 11346.1 of the Government Code, and cites the following references: Sections 15432 and 15438.11, Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Government Code

Section 15438.11 (Stats. of 2017,

Chapter 52,

Section 1) became effective on July 10, 2017, with the signing of SB 97. This legislation created

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1791 the Clinic Lifeline Act of 2017 (“Act”). The purpose of the Act is to provide working capital, in the form of a Grant, to small and rural health facilities adversely af- fected by a reduction or elimination of federal govern- ment assistance. The Government Code provides specific require- ments for health facility eligibility to apply for Grant funds and limits eligible health facilities to those de- fined in

Section 15432, subdivision (

d) of the Govern- ment Code. The total amount of money appropriated to the Clinic Lifeline Act is $20 million, and the maximum amount that a facility shall apply for is $250,000. Government Code

Section 15438.11 charges the Au- thority with the responsibility of developing regula- tions to establish specific criteria for Grant awards, in- cluding eligibility criteria, eligible costs, and evalua- tion criteria to select grant recipients. These proposed emergency regulations will accom- plish the following: a. Establish requirements for Health Facilities eligibility. b. Establish eligible costs to those costs meeting the definition of “Working Capital” as specified in the Health Facilities Financing Authority Act, specifically Government Code

Section 15432, subdivision (h). c. Filing of Applications upon notification of a “Federal Trigger” as defined. d. Maximum Grant amounts per Applicant and Region, as defined. e. Evaluation Criteria. f. Initial and Final Allocations. g. Appeals. h. Release of funds and recovery of funds. i. Reporting requirements. j. Record retentions, inspections and audits. The benefit of these proposed regulations is the im- plementation of Government Code

Section 15438.11, cited as the Clinic Lifeline Act of 2017. (For purposes of implementation, entitled Lifeline Grant Program of 2017.) The law made provisions for regulations to be devel- oped as emergency regulations and provides the lan- guage to justify the need for the emergency as necessary for the immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations were approved by the Office of Administra- tive Law with an effective date of February 23, 2018, and expiring on August 23, 2018.

The First Funding Round opened on February 26, 2018, and Applications for Grant funds were accepted until 5:00 p.m. (Pacific Daylight Time) on March 26, 2018. Requests for grant funds were low as the numbers of health facilities impacted by any direct federal reduc- tion or elimination of funds were minimal. As the re- duction or elimination of federal funds did not material- ize as anticipated, the STO (State Treasurer’s Office) Administration sought out other alternatives to assist health facilities serving vulnerable populations.

In− house Legal Counsel determined that any viable solu- tion would require a change in the law, which the STO Administration pursued. Attempts to change the law via either a trailer bill or the introduction of new legislation failed. During this interim period, the Authority post- poned initiation of the process for the Certificate of Compliance as any change to the law would impact the emergency regulations. The emergency regulations expired on August 23, 2018.

Therefore, the Authority requested and was granted by OAL, an extension of the regulations in or- der to complete the process by which the regulations will become permanent. (The readopt extends the emer- gency regulations until November 21, 2018.) Signifi- cant changes to the initial emergency regulations were made prior to the readoption. The most notable change is the process for submission of the Application. Going forward, health facilities may submit an Application for Grant funds at the time of any action or inaction by the federal government that reduces or eliminates federal assistance.

This change allows health facilities to act at the time of the “Federal Trigger” as opposed to waiting for the Authority to have specified timeframes for sub- mission of an Application. As the use of the Grant funds is specific for “working capital” e.g., maintenance or operation expenses, this approach better meets the in- tent of the law and the immediate needs of the health fa- cilities.

Other minor edits have been made to the regula- tions determined to be necessary to address clarity. (Note: As the changes made to the regulations were sig- nificant, it was necessary to present the proposed regu- lations to the Authority for concurrence. The regula- tions were presented to the Authority on July 26, 2018. Resolution No. 2018−05 was adopted by the Authority on this same day.) The only entities impacted by these regulations are health facilities as defined in

Section 15432, subdivi- sion (

d) of the Government Code that experience a re- duction or elimination of federal government assistance. DOCUMENTS INCORPORATED BY REFERENCE Lifeline Grant Program Application Form No. CHFFA 8 LGP−01 (Rev. 09/2018) Request for Disbursement Form No. CHFFA 8 LGP−02 (Rev. 09/2018)

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1792 Final Report Form No. CHFFA 8 LGP−03 (Rev. 09/2018) STATEMENT OF NECESSITY Note: In the following justifications, all references to “facility” are to a “health facility”.

Section 7213,

Definitions — subdivision (i). “Feder- al Trigger’’ is added to clarify and ensure that all poten- tial Applicants are using the same definition to deter- mine their eligibility to apply for Grant funds.

Section 7213,

Definitions — subdivision (y). “Work- ing Capital” is necessary as

Section 15438.11, subdivi- sion (

d) specifies that the Grants awarded under this

section “may be used for working capital for core oper- ating support”. Statute does not provide a definition of “core operating support”. For the purpose of implemen- tation of these regulations, “core operating support” in- cludes “Working Capital” as contained in Welfare and Institutions Code

section 15432, subdivision (h).

Section 7214, Eligibility — subdivision (a). The pro- posed regulation duplicates or overlaps a state statute (Government Code 15438.11, subdivision (c)). This duplication is necessary to satisfy the “clarity” standard of Government Code

Section 11349.1(a)(3) by (1) stat- ing the statutory requirements, of which one shall be met, for eligibility to apply for a Grant fund; and (2) pro- viding easy access to the statutory requirements for po- tential Applicants.

Section 7214, Eligibility — subdivision (b). It is nec- essary to further restrict the eligibility requirements for a Grant due to the number of health facilities that are po- tentially eligible. This subdivision incorporates addi- tional requirements for eligibility to address the intend- ed purpose of the statute.

Section 7214, Eligibility — subdivision (c). Govern- ment Code

section 15438.11, subdivision(b)(5) states that the intent of the Legislature “to assist those small or rural health facilities that may be adversely financially affected by a reduction or elimination or federal gov- ernment assistance and that have little to no access to working capital.” This regulation further supports the legislative intent of health facilities in a Rural Medical Service Study Area.

Section 7216, Grant Application — Multiple amend- ments were made to this

section to further expand on the addition of the definition of “Federal Trigger’’. Appli- cants are notified that an Application may be submitted upon the occurrence of a “Federal Trigger’’, thus elimi- nating the need for funding rounds. It is further speci- fied that the “Federal Trigger’’ can be no earlier than Ju- ly 10, 2017, the date of the Clinic Lifeline Act of 2017. Establishment of this date ensures that health facilities are not requesting Grant funds for a reduction/ elimination of federal assistance during a period of time in which the law was not in effect, and thus Grant funds were not available.

Section 7216, Grant Application — subdivision (f). As Applications will be accepted on a continuous basis, it is necessary to inform Applicants of the timeline for review/evaluation of the Application, as well as Appli- cation submission times and exceptions.

Section 7218, Maximum Grant Amount — subdivi- sion (c). This subdivision was added to inform potential Applicants that the maximum grant amount by region will be removed as of June 30, 2019, making any re- maining funds available on a statewide basis.

Section 7219, Evaluation Criteria — subdivision (a). Potentially in excess of 1,200 health facilities are eligi- ble for Grant funds. An eligible health facility can apply for a Grant of $250,000. If each Applicant applies for the maximum Grant amount, a total of 80 health facili- ties will receive funding. The scoring criteria, therefore, needs to focus on those health facilities meeting the in- tent of the legislation and also, providing for statewide representation.

The four items Applicants will address, financial impact, services provided, vulnerable popula- tions served, and day−to−day operations, will demon- strate the needs of the community served and meet leg- islative intent such as serving the vulnerable populations.

Section 7219, Evaluation Criteria — subdivision (b).

Section 7219, Evaluation Criteria — subdivision (b). Additional points will be given to health facilities locat- ed in rural or frontier medical service study areas and to health facilities that are Federally Qualified Health Centers (FQHC) or FQHC Look−Alikes to further sup- port those health facilities most at risk for federal gov- ernment funding cuts.

Section 7220, Initial Allocation — subdivision (e). A health facility is now required to score a minimum num- ber of points in the Evaluation Criteria

section in order for the CHFFA staff to make a recommendation (Initial Allocation) to the Authority for a Final Allocation. The number of required points is 25 points. This threshold is based on the average number of points received by those health facilities that applied for Grant funds dur- ing the initial funding round.

Section 7221, Appeals. The ability to appeal is a stan- dard process in the awarding of Grant funds by the Au- thority. This

section is standardized amongst all the Grant programs under the Authority with minor regula- tory edits to address the specific Grant program.

Section 7223, Use of the Grant Funds — subdivision (b). Subdivision (

b) provides potential Grantees with specific costs that cannot be paid for with Grant funds. Each of the subitems under (

b) provide the necessary clarification as to the use of the Grant funds which is to assist the health facilities that “may be adversely finan-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1793 cially affected by a reduction or elimination of federal government assistance.” (Government Code 15438.11, subdivision (b)(1)). DESCRIPTION OF THE BENEFITS OF THE PROPOSED ACTION, WHICH INCLUDES NONMONETARY BENEFITS SUCH AS PROTECTION OF THE PUBLIC HEALTH AND SAFETY , WORKER SAFETY , THE ENVIRONMENT, ETC. Prior to this legislation, there was no State−directed program offering Grants to health facilities faced with a reduction or elimination of federal government assistance.

These regulations provide a mechanism where a health facility experiencing a reduction/elimination of federal government assistance may apply for and re- ceive a Grant award of up to $250,000. This Grant will provide the necessary funds to offset in whole or in part, the removal of the federal government assistance thus enabling the facility to continue to meet the health care needs of vulnerable populations in the small and rural areas of California.

AN EV ALUATION OF WHETHER OR NOT THE PROPOSED REGULATIONS ARE NONCONSISTENT OR INCOMPATIBLE WITH EXISTING STATE REGULATION The Authority evaluated whether or not there were any other regulations concerning the awarding of grants to health facilities which experience a reduction or elimination of federal government assistance and has found that these are the only regulations in this area. The proposed regulations are neither inconsistent nor in- compatible with existing state regulations. COST ESTIMATE 1. Cost or Savings to State Agencies: No impact. 2.

Cost to Local Agencies or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500−17630: None. 3. Nondiscretionary Costs or Savings to Local Agencies: No impact. 4. Federal Funding to State Agencies: No impact. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon lo- cal agencies or school districts. There are no “state− mandated local costs” in these regulations which re- quire reimbursement under

Section 17500 et seq. of the Government Code. FISCAL IMPACT These regulations do not impose any costs to any lo- cal agency or school district requiring reimbursement pursuant to

section 17500 et seq. of the Government Code, nor do these regulations identify any costs or sav- ings to any state agency, other nondiscretionary costs or savings to be imposed upon local agencies, or costs or savings in federal funding to the state. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The California Health Facilities Financing Authority has not identified any significant statewide adverse eco- nomic impact directly affecting business, including the ability of California businesses to compete with busi- nesses in other states.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The adoption of these regulations does not have an impact on the creation or elimination of jobs within the state. As a result of the adoption of these regulations, new businesses will not be created and current busi- nesses will not be eliminated within the state. The adop- tion of these regulations will not provide for the expan- sion of businesses currently doing business within the state. Additionally, neither benefits nor detriments are expected to worker safety or the state’s environment due to the adoption of these regulations.

These regulations will directly impact the health and welfare of California residents, especially those defined as vulnerable populations in small and rural areas. The Grant monies awarded to the health facilities through this Grant Program will benefit the vulnerable popula- tions through the continuation of health services to this population should the health facility face a reduction or elimination of federal government assistance. Note: For purposes of these regulations, “Vulnerable Populations” are defined as the indigent, underinsured, uninsured, underserved and undocumented immigrant populations.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The California Health Facilities Financing Authority is not aware of any cost impacts that a representative

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1794 private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT The proposed regulations do not require any reports to be made by any business or other entity. SMALL BUSINESS The proposed regulations will not affect small busi- nesses because these regulations are specific to and af- fect only health facilities meeting the eligibility criteria as identified in Government Code

Section 15438.11, subdivision (

c) and

Section 7214, subdivision (

b) of the proposed regulations. CONSIDERATION OF ALTERNATIVES The Authority must determine that no reasonable al- ternative it considered or that has otherwise been identi- fied and brought to its attention 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.

In developing the regulatory action, the Authority it- self did not consider any alternatives because no rea- sonable alternative has been presented to it. The Au- thority invites interested persons to submit comments and alternatives with respect to the proposed regula- tions during the public comment period. CHFFA REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Rosalind Brewer (916) 653−2799 Backup: Martha Maldonado (916) 653−2799 TITLE 9. DEPARTMENT OF REHABILITATION Title 9. Rehabilitative and Developmental Services Division 3.

Department of Rehabilitation NOTICE IS HEREBY GIVEN that the Department of Rehabilitation (“Department” or “DOR”) proposes to amend Sections 7041, 7044, 7045, 7122, and 7140.5 of Title 9 of the California Code of Regulations, and to add

Section 7044 to Title 9 of the California Code of Regulations, described below after considering all comments, objections, or recommendations regarding the proposed action. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed action. However, any interested per- son or his or her duly authorized representative may make a written request for a public hearing. The written request to hold a public hearing must be received by the contact person identified in this notice no later than 15 days prior to the close of the written comment period.

The Department shall, to the extent practicable, provide notice of the time, date and place of the hearing by mail- ing the notice to every person who submitted written comments, or who requested a hearing, on the proposed amendments.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to: Michele Welz, Regulations Analyst Department of Rehabilitation — Legal Affairs 721 Capitol Mall Sacramento, California 95814 Comments may also be submitted by facsimile (FAX) at 916−558−5826 or by email to Legal@dor.ca.gov, with “Comments to Regulations” in the subject line. Comments must be received by the Regulations Analyst by 5:00 p.m. on November 26, 2018.

All written comments received by the Depart- ment during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority comes from Sections 19006 and 19016 of the Welfare and Institutions Code. The proposed regu- lations implement, interpret and make specific the fol-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1795 lowing: 29 USC Sections 701(a)(6), (c)(1)−(3); 705(20); 721(a)(5)(19)−(20), 722(a)−(b)(

d) and 723(a)(1); 29 USC

Section 3151(a)−(b); 34 CFR Sec- tions 361.36, 361.38, 361.41(b), and 361.42(a)(1), (4)(i−ii), 361.44, 361.47; Sections 19006, 19010, 19011, W elfare and Institutions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Rehabilitation (“De- partment”) provides vocational rehabilitation services to eligible individuals with disabilities to assist them in obtaining employment.

The Department works in part- nership with its consumers and other stakeholders to provide vocational rehabilitation (“VR”) services and advocacy resulting in employment, independent living, and equality for individuals with disabilities. The regulatory changes the Department seeks reflect changes in processes and increased efficiency and re- moval of regulations that reference an outdated proce- dure. Over the last year, the Department developed and piloted an innovative eligibility process, Expedited En- rollment. As the pilots were successful, the Department planned to implement Expedited Enrollment statewide.

To implement Expedited Enrollment statewide, the De- partment must amend four regulations to reflect the dis- continued use of the DR 222, Application for V ocation- al Rehabilitation Services form and adopt a new regula- tion,

Section 7044 which identifies the information that each applicant must provide under federal and state law to apply for vocational rehabilitation services. The DOR is proposing simple amendments to Sec- tions 7041, 7045, 7122 and 7140.5 to remove the refer- ence to the discontinued DR 222 Application for V oca- tional Rehabilitation Services and adding

Section 7044 which states the minimum information an individual must provide to apply for vocational rehabilitation ser- vices. None of the changes will eliminate any services or disrupt the vocational rehabilitation process. Instead, the regulatory changes should improve the ease of ap- plication and access to vocational rehabilitation ser- vices for Californians with disabilities.

ANTICIPATED BENEFITS The benefits of updating the above−listed regulations are to provide conformity with federal statutes and reg- ulations providing that the states provide vocational re- habilitation services to the public in the most efficient way. Amending the regulations will allow the Depart- ment to implement expedited enrollment statewide which provides quicker access to vocational rehabilita- tion services to Californians with disabilities. We are doing this change now as we prepare to expand DOR’s online portal to include the ability to apply for services electronically.

Additionally, amending the regulations eliminates the appearance of inconsistency between the Department’s regulations and the district offices’ pro- cedures for the expedited enrollment program. By re- moving the appearance of underground regulation and expanding the mode of application for services to the in- ternet, the Department continues to benefit the public whom we serve. As a result, the proposed regulatory ac- tion creates a positive impact to the protection of public health and safety of disabled individuals in California.

EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY OF EXISTING REGULATIONS The Department considered any other possible relat- ed regulations to this proposed action and it has been de- termined that these are the only regulations dealing with the streamlined eligibility and medical services pertain- ing to the Department. Therefore, the proposed regula- tions are neither inconsistent nor incompatible with ex- isting state regulations, or with federal regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION — FISCAL IMPACT The DOR has made the following initial determinations: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations.

The proposed regulations do not require a report to be made. • There is no mandate on local agencies and school districts. • There is no cost or savings to any state agency. • There are no costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630. • There is no other nondiscretionary cost or savings imposed on local agencies. • There is no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS There is no known significant,statewide adverse eco- nomic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1796 COST IMPACT ASSESSMENT There are no known cost impacts that a representative private person or business would incur as a result of rea- sonable compliance with the proposed action. RESULTS OF ECONOMIC IMPACT ANALYSIS Creation or Elimination of Jobs within the State of California The regulations are designed to amend language which allows expansion of the application process for VR services. Therefore, no jobs in California will be created or eliminated.

Creation of New or Elimination of Existing Businesses within the State of California The regulations are designed to amend language which allows expansion of the application process for VR services. Therefore, no businesses in California will be created nor will any existing businesses be eliminated. Expansion of Businesses Currently Doing Business within the State of California The regulations are designed to amend language which allows expansion of the application process for VR services. Therefore, no businesses in California will be expanded or eliminated.

Benefits of the Regulations The proposed action will promote expedited enroll- ment for VR services by consumers by eliminating nar- row regulations that limited application to one format. It will also benefit any consumers by amending current regulations that do not serve to provide applicants of the vocational rehabilitation program with the clearest guide to the process. Business reports No Business Reporting requirement. Housing costs No significant effect on housing costs.

Determination of effect on small business The Department has determined that these proposed regulations will not affect small business as defined in Government Code

Section 11342.610 because the only process that will change because of the regulations change is processing applications. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department has determined that no reasonable alternative it considered or that has other- wise 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, 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 the law.

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSON Inquiries concerning the proposed administrative ac- tion may be directed to: Michele Welz, Regulations Analyst Department of Rehabilitation 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558−5825 Email: Legal@dor.ca.gov The backup contact person for these inquiries is Eliz- abeth Colegrove at (916) 558−5825 or Legal@dor.ca.gov.

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 Michele Welz at the address above. The Department shall provide, upon request, a de- scription of the proposed changes included in the pro- posed action, in the manner provided by

Section 11346.6. This includes copies of the regulation propos- al in large print, Braille, on audiotape, compact disk, or copies of the regulation proposal transmitted electroni- cally, upon request. The Department will accommodate a person with a visual disability or other disability for which effective communication is required under state or federal law and that providing the description of proposed changes may require extending the period of public comment for the proposed action.

A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department 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, Proposed Text of Regulations, and Initial Statement of Reasons. Copies may be obtained by contacting Michele Welz at the address or phone number listed above.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1797 A V AILABILITY OF CHANGED OR MODIFIED TEXT After the public comment period has ended and con- sidering all timely and relevant comments received, the Department may adopt the proposed regulations sub- stantially as described in this notice. If the Department makes modifications that are sufficiently related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the pub- lic for at least 15 days before the Department adopts the regulations as revised.

Please send requests for copies of any modified regu- lations to the attention of Michele Welz at the address indicated above. The Department will accept written comments on the modified regulations for 15 days after the date on which they were made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Michele Welz at the address above or at Legal@dor.ca.gov with “regulation” in the email subject line, or you can call (916) 558−5825, or on the Department’s website at www.dor.ca.gov.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, the Proposed Text of the Regulations in underline and strikeout, can be accessed through the Department’s website at www.dor.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Certification Regulation 1052 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest.

A public hearing is not scheduled. Pursuant to Government Code

section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY NOVEMBER 26, AT 5:00 P.M. Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−2801, by email to Maria Sandoval, or by let- ter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code

Section 13503 (authority of the Com- mission on POST) and Penal Code

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code

section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Currently, Regulation 1052(g), does not outline a clear process for pilot program implementation. In or- der to better serve law enforcement, the community, and stay ahead of emerging and contemporary issues, POST is proposing changes to the regulation that will clarify the process for implementing a pilot program.

The proposed changes would allow POST’s Executive Director to authorize a Pilot Program to evaluate, and change, current regulations to include the addition and/ or elimination of course hours, course content, and course certification requirements. Evaluating, and changing, current regulations will include collabora- tion with Subject Matter Experts (SME’s), law enforce- ment officials, and community stakeholders to elicit in- put on course content and/or hours. The proposed changes are applicable to all POST−certified courses.

The ability to add and/or eliminate hours and/or con- tent from courses, in addition to modifying the course certification process, is necessary to ensure POST is able to continue to meet the needs of agencies, respond to emerging trends, and provide credit for training to those individuals attending a pilot program course. The benefits of the proposed amendments to the regu- lations will increase the efficiency of the state of Cali- fornia in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1798 in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the State’s environment. During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing State regulations.

ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.

If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency of- ficial designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500−17630 re- quire reimbursement: None.

Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of Califor- nia businesses to compete with businesses in other states.

The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOV . CODE

SECTION 11346.5(

b) The adoption of the proposed amendments of regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments to the regu- lations will increase the efficiency of the state of Cali- fornia in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the State’s environment.

CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Maria Sandoval, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−2808. General ques- tions regarding the regulatory process may be directed to Heidi Hernandez at (916) 227−2802.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1799 TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630. These documents are also located on the POST Website. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “State Forest Regulations Update, 2018” Title 14 of the California Code of Regulations (14 CCR), Division 1.5,

Chapter 9 Subchapter 1, Articles 1, 2, 3, 4, & 5, Amend: §§ 1400.5, 1402, 1403, 1404, 1405, 1406, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1430, 1431, 1432, 1433, 1435, 1436, 1437, 1438, and 1439 Adopt: §§ 1401.1, 1401.2 Subchapter 4, Amend: §§ 1510, 1511, 1515, 1516, 1517, 1518, 1519, 1520, 1521 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is proposing to take the action described in the Informative Digest.

PUBLIC HEARING The Board will hold a public hearing on December 5, 2018, at its scheduled meeting commencing at approxi- mately 9:00 a.m., at the Resources Building Auditori- um, 1st Floor, 1416 Ninth Street, Sacramento, Califor- nia. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro- posed action. The Board requests, but does not require, that persons who make oral comments at the hearing al- so submit a written

summary of their statements. Addi- tionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to mem- bers of the state body prior to or during a meeting, per- taining to any item to be considered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some oth- er person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub- mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on Monday, November 26, 2018.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1800 AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) 14 CCR § 1122 Note: Authority cited: Sections 4656.1, Public Resources Code. Reference: Sections 4643, 4645, 4646, 4651, 4652, 4656.1, and 4656.2, Public Resources Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)−(D)) PRC 4656.1 provides the Board of Forestry and Fire Protection (Board) authority to “. . .establish rules and regulations. . .for the preservation, protection, and use of state forests. . .” and PRC 4652 allows the Depart- ment of Forestry and Fire Protection (CAL FIRE) to “collect recreational user fees for overnight camping and reserved group activities in a demonstration state forest”, provided that those fees do not exceed the costs of maintenance of and improvements to the camp- grounds and associated facilities, environment, and access.

Demonstration state forests are forest lands which are owned by the state and managed and administrated by CAL FIRE. Currently, there are eight demonstration state forests throughout California, totaling over 69,000 acres. These public lands are managed to focus on demonstration of commercial timber management, plantation management, ecosystem restoration, fire prevention, recreation, and monitoring. Though the ex- tent by which recreational opportunities are available varies among the state forests, many of the forests offer extensively developed camping, hiking, hunting, and fishing opportunities to the public.

Though all management activities require some form of initial cost, the administration and management of recreational opportunities within the state forests present significant and ongoing capital requirements. CAL FIRE spends roughly $342,600 annually on the maintenance and development of recreational facilities on the state forests for the enjoyment of the public; fa- cilities which are currently free of charge for public use. The problem is that increasing demand and use of recreational facilities on some of the state forests has re- sulted in growing costs of maintenance and develop- ment of these resources.

These increased costs are cur- rently covered by the budgetary allowances of the state forests, but additional funding will allow for further im- provement of existing resources and the development of additional camping and recreational facilities. Additionally, many of the regulations which were adopted by the Board under the authority of PRC 4656.1 have issues with clarity of

interpretation and en- forcement. The existing regulations are inconsistent in their use of defined terms and are unclear on where those terms should be applied. Most of these regulations were adopted by the Board approximately three to four decades ago and have had very few amendments or up- dates in the intervening years, resulting in some in- stances of outdated references within the regulations. The purposes of the proposed action are twofold: (1) to adopt regulations which allow CAL FIRE to collect fees for overnight camping and use of designated group camping areas and to establish the

schedule for these fees; and (2) to improve the clarity of existing regula- tions related to state forests. The effect of this proposed action is to make specific CAL FIRE’s collection of fees for overnight camping and the use of designated group campgrounds, to estab- lish a

schedule for those fees, and to improve the clarity of existing regulations related to the use of state forests. The primary benefit of the proposed action is to pro- vide funds for the ongoing maintenance and improve- ment of campgrounds and associated facilities on Jack- son, Mountain Home, and Boggs Mountain Demon- stration State Forests. These funds will allow CAL FIRE to provide continued recreational opportunities to the regulated public and to allow for improvements to existing camping and bathroom facilities, thereby en- suring maintained environmental quality in those areas.

Additionally, the proposed amendments will improve the clarity of the regulations for public implementation and allow for additional clarity of enforcement by CAL FIRE. There is no comparable federal regulation or statute. Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompatible with existing State regulations pursuant to GOV § 11346.5(a)(3)(D).

State regulations related to the pro- posed action were, in fact, relied upon in the develop- ment of the proposed action (including 14 CCR § 4453) to ensure the consistency and compatibility of the pro- posed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regu- lations related to camping fees on state forests and found no existing State regulations that met the same purpose as the proposed action.

Based on this evalua- tion and effort, the Board has determined that the pro- posed regulations are neither inconsistent nor incom- patible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules; it simply amends current regulato- ry language. Statute to which the proposed action was compared: Public Resources Code

Section 4584. No documents are incorporated by reference.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1801 MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by federal law or regulations. The proposed action neither conflicts with, nor dupli- cates Federal regulations. There are no comparable Federal regulations related to the imposition of fees for overnight camping on state forests. No existing Federal regulations meeting the same purpose as the proposed action were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by statute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school district that is required to be reimbursed under

Part 7 (com- mencing with

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

Section 17556 of the Govern- ment Code. Regarding costs or savings to any state agency, there will be an ongoing fiscal impact to CAL FIRE in the ad- ditional costs of administration of camping fees as a re- sult of the proposed adoption of 14 CCR § 1401.1. Cur- rent staff at the Demonstration State Forests dedicate between 10−75% of their time towards the administra- tion, maintenance, and improvement of camping facili- ties. CAL FIRE estimates that the administration of newly adopted camping fees will require an additional one to two percent of staff time, depending upon staff position and rank.

These additional time requirements result in an additional cost of $6,246 at Boggs Mountain Demonstration State Forest, $5,060 at Jackson Demon- stration State Forest, and $5,673 at Mountain Home Demonstration State Forest for a total annual cost of ap- proximately $17,000 per year as a result of the proposed action. Given that these regulations are likely to become effective on January 1, 2019 or April 1, 2019, it is likely that only 50% of the additional cost ($8,500) will be re- quired as additional expenditure in the current State Fis- cal Y ear.

Current camping facilities are extant within Jackson, Boggs Mountain, and Mountain Home Demonstration State Forests, including infrastructure that may be uti- lized to collect the proposed camping fees, and there will be no additional development or construction costs as a result of the proposed action. Other amendments within the proposed action will not have a fiscal impact. These amendments include clarification of existing regulations. The proposed action will not result in the imposition of other non−discretionary costs or savings to local agencies.

The proposed action will not result in costs or savings in federal funding to the State. HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING USINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) B The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY , OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) The fiscal and economic impact analysis for these Exemption Amendments relies upon contemplation, by the Board, of the economic impact of the provisions of the proposed action through the lens of the decades of experience practicing forestry in California that the Board brings to bear on regulatory development.

Addi- tionally, the analysis utilizes a mixture of collected and anecdotal data provided by CAL FIRE which is related to the use of designated camping areas within State Forests within the past 3 years (2015 through 2017).

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1802 The majority of amendments within the proposed ac- tion are simple clarifications of existing regulation and does not impose new regulatory burdens on the public, however the imposition of camping fees will likely have an economic and fiscal impact. STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)−(D). The proposed action: (

A) will not create jobs within California; (

A) will not eliminate jobs within California; (

B) will not create new businesses, (

B) will not eliminate existing businesses within California (

C) will not affect the expansion or contraction of businesses currently doing business within California. (

D) will yield nonmonetary benefits. For additional information on the benefits of the proposed regulation, please see anticipated benefits found under the Informative Digest/Policy Statement Overview. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The Board is aware of cost impacts that a representa- tive private person or business would necessarily incur in reasonable compliance with the proposed action.

This initial determination is based on the same record of facts, evidence, documents, testimony, or other evi- dence as listed as the basis for the Significant Statewide Adverse Economic Impact. • Between 3,700 to 6,200 uses of designated camping areas occurs annually.

The average expected use of designated camping areas is approximately 5,000 uses per year. • Approximately 60% of campsite users bring one vehicle and will be subject to the $15 use fee, while the remaining 40% bring an additional vehicle and will be subject to the $15 use fee. • The total impact from average use is expected to be approximately $85,000 annual,

whereas the maximum economic impact for use is $105,400 annually. • A representative individual is likely to utilize a campsite for a weekend (two nights) with one vehicle. The representative individual will be subjected to an economic impact of $30. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re- porting requirement.

SMALL BUSINESS (defined in GOV 11342.610) Small business, within the meaning of GOV § 11342.610, is not expected to be affected by the pro- posed action, as businesses, including small businesses, do not normally engage in recreational camping on state forests.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1803 A V AILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action using UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adoption, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the changes clearly indicated — available to the public for at least 15 days before the Board adopts the regulations as revised.

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

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: http://bofdata.fire.ca.gov/regulations/proposed_rule_ packages/. TITLE 15.

CALIFORNIA PRISON INDUSTRY AUTHORITY California Code of Regulations Title 15, Crime Prevention and Corrections Division 8.0 NOTICE IS HEREBY GIVEN that the Prison In- dustry Board (PIB) pursuant to the authority granted by Penal Code (PC) Sections 2805 and 2808, in order to implement, interpret and make specific Penal Code Sections 2806 and 2808, propose to amend

Section 8006 of

Article 1,

Chapter 1, of the California Code of Regulations (CCR), Title 15, Division 8, Inmate Pay Rates,

Schedule and Movement. PUBLIC HEARING At this time, no public hearing has been scheduled concerning the proposed change to regulations. Anyone may request a public hearing by contacting the Contact Person set forth below. Requests for public hearings must be made no later than November 20, 2018. PUBLIC COMMENT PERIOD The public comment Period will close December 5, 2018. Any person may submit public comments regard- ing the proposed changes in writing. To be considered, comments must be received before the close of the com- ment period.

Use one of the following to submit: MAIL or HAND DELIVERED CALPIA/Legal Services Unit East Natoma Street Folsom, CA 95630 FAX (916) 358−2709 E−MAIL PIAregs@calpia.ca.gov CONTACT PERSON P1ease direct any inquiries regarding this action or questions of substance of the proposed regulatory ac- tion to:

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1804 M. Doherty, Regulatory Analyst California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630 Telephone (916) 358−1711 piaregs@calpia.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: C. Pesce, Administrative Assistant California Prison Industry Authority 560 East Natoma Street Folsom CA 95630 Telephone (916) 358−1711 AUTHORITY AND REFERENCE Penal Code (PC)

section 2808 provides the Prison In- dustry Board (PIB) with rulemaking authority to amend regulation 8006.1 concerning Inmate Pay Rates, Sched- ule and Movement. In order to implement and make specific, Penal Code (PC) sections 2806 and 2808, PIB proposes to amend regulation

section 8006 regarding Inmate Pay Rates,

Schedule and Movement. INFORMATIVE DIGEST POLICY STATEMENT OVERVIEW The proposed adoption of

Section 8902 will allow PIB to implement its authority vested by the Legisla- ture. In PC

section 2808, the Legislature granted PIB powers equal to “all of the things that the board of direc- tors of a private corporation would do. . .” Specifically, CALPIA and PIB propose amending

Section 8006 regarding Inmate Pay Rates,

Schedule and Movement to specify advancement by progressive levels through pay rates and skill levels. The proposed amendments will be vetted through the public process of PIB, as required in PC 2808 (

h) and (i), and now are being promulgated through the regulatory process as specified in the Administrative Procedure Act (APA). PIB will vote on these proposed regulations at their board meeting. Upon approval, PIB’s Record of V ote and applicable portion of the minutes will be placed in the final rulemaking file. These documents will be filed with the Office of Administrative Law (OAL) and are available to the public upon request and upon CALPIA’s website.

Anticipated Benefits of the Proposed Regulation: Anticipated benefits of the proposed regulation in- clude a nonmonetary benefit for the protection and safe- ty of public health and safety, by ensuring ongoing effi- ciency of operations, ongoing employment of inmate workers, and providing experiences for inmate workers to utilize upon release from custody.

CALPIA has eval- uated the potential benefits of this proposed regulatory action and made an initial determination that this pro- posed regulatory action: • Will have no effect on housing costs. • Will not impose new mandates upon local agencies or school districts. • Will involve no nondiscretionary costs or savings to any local agency, no cost to any local agency or school district for which Sections 17500−17630 of the Government Code require reimbursement, nor costs or savings in federal funding to the state. • Will neither create nor 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. • Will continue to provide a nonmonetary benefit for the protection and safety of public health and safety, by ensuring ongoing efficiency of operations employment inmate workers, and providing work experiences for inmate workers to utilize upon release from custody. • Will eliminate inconsistencies from institution to institution and facility to facility. • Will decrease the incidences of inmate appeals regarding inmate pay rates,

schedule and movement and promotions to increased skill level and pay rates. • Will support uniformity in application of regulations regarding inmate pay rates,

schedule and movement and promotions to increased skill level and pay rates. • Will provide assurances of consistent and equitably allocated inmate pay rates,

schedule and movement and promotions to increased skill level and pay rates. Evaluation of Inconsistency/Incompatibility with Existing Regulations: During the process of developing this regulation, PIB and CALPIA have conducted a search of any similar regulations on this topic and have concluded that this regulation is neither inconsistent nor incompatible with existing laws and regulations. Local Mandates: This action imposes no mandates on local agencies or school districts, or a mandate which requires reim-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1805 bursement pursuant to Government Code Sections 17500 through 17630. Fiscal Impact Statement: Cost to any local agency or school district that is required to be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Effect on Housing Costs: PIB and CALPIA have determined that the proposed action will have no significant effect on housing costs.

Significant Statewide Adverse Economic Impact on Business: PIB and CALPIA have determined that adoption of the proposed regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states because this regulation only applies to internal operations of CALPIA. ECONOMIC IMPACT ANALYSIS/ASSESSMENT RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT As result the economic impact assessment and in ac- cordance with Government Code

Section 11346.3(b), PIB and CALPIA have made the following assessments regarding the proposed regulation: CREATION OR ELIMINATION OF JOBS WITHIN THE STATE OF CALIFORNIA This action will not create or eliminate existing jobs within the State of California. It is determined that this action has no significant adverse economic impact on jobs within the State of California because these jobs are not affected by CALPIA’s proposed regulatory changes any differently than exists presently or there is no impact on existing jobs and therefore there is no im- pact with the adoption of this section.

CREATION, EXPANSION, OR ELIMINATION OF EXISTING BUSINESSES (SMALL OR LARGE) WITHIN THE STATE OF CALIFORNIA This action will not have an effect on the creation, ex- pansion, or elimination, of small or large businesses within California.

It is determined that this action has no significant adverse economic impact on small or large businesses within the State of California because busi- nesses are not affected by CALPIA’s proposed regula- tory changes any differently than currently, or not at all, and therefore will not have an effect on the creation, ex- pansion, or elimination of small or large businesses within California.

BENEFITS OF THE PROPOSED AMENDMENTS TO THE REGULATIONS Provide a nonmonetary benefit for the protection and safety of public health and safety, by ensuring ongoing efficiency of operation employment inmate workers, and providing experiences for inmate workers to utilize upon release from custody. REPORTS RELIED UPON None. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES PIB and CALPIA are not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

EFFECT ON SMALL BUSINESSES The Department has determined that this action has no significant adverse economic impact on small busi- nesses any differently than they are now or not at all be- cause they are not affected by CALPIA’s internal opera- tions.

CONSIDERATION OF ALTERNATIVES PIB and CALPIA must determine that no reasonable alternative considered or that has otherwise been identi- fied and brought to the attention of PIB and CALPIA, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af- fected private persons and equally effective in imple-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1806 menting the proposed regulatory action. Interested per- sons are invited to submit written statements or argu- ments with respect to any alternatives to the changes proposed during the written comment period. A V AILABILITY OF RULEMAKING DOCUMENTS The Proposed Text, Initial Statement of Reasons, and Materials Relied Upon have been placed in the rule- making file and are available to the public upon request directed to the CALPIA’s contact person. The docu- ments will also be made available on the CALPIA web- site: www.calpia.ca.gov.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the PIB may approve the proposed regula- tions substantially as described in this Notice. If modifi- cations sufficiently related to the originally proposed text are made, the changes will be clearly indicated and made available to the public for at least 15 days before the PIB reviews and approves the regulations as re- vised. PIB and CALPIA will accept written comments on the modified regulations for 15 days after the date on which they are made available.

Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice, or it can be viewed by visiting the CALPIA website http://www.calpia.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the CALPIA’s contact person or by visiting the CALPIA website: www.calpia.ca.gov. TITLE 15.

CALIFORNIA PRISON INDUSTRY AUTHORITY California Code of Regulations Title 15, Crime Prevention and Corrections Division 8.0 NOTICE IS HEREBY GIVEN that the Prison In- dustry Board (PIB) pursuant to the authority granted by Penal Code (PC) Sections 2805 and 2808, in order to implement, interpret and make specific Penal Code Sections 2806 and 2808, proposes to amend

Section 8004.1 of

Article 1,

Chapter 1, of the California Code of Regulations (CCR), Title 15, Division 8, concerning in- mate worker employment, revising the requirement for a minimum Test of Adult Basic Education (TABE) score to minimum qualifications. PUBLIC HEARING At this time, no public hearing has been scheduled concerning the proposed change to regulations. Anyone may request a public hearing by contacting the Contact Person set forth below. Requests for public hearings must be made no later than November 20, 2018. PUBLIC COMMENT PERIOD The public comment period will close December 5, 2018.

Any person may submit public comments regard- ing the proposed changes in writing. To be considered, comments must be received before the close of the com- ment period. Use one of the following to submit: MAIL or HAND DELIVERED CALPIA/Legal Services Unit 560 East Natoma Street Folsom, CA 95630 FAX (916) 358−2709 E−MAIL PIAregs@calpia.ca.gov CONTACT PERSON Please direct any inquiries regarding this action or questions of substance of the proposed regulatory ac- tion to: M.

Doherty, Regulatory Analyst California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630 Telephone (916) 358−1711 In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: C. Pesce, Administrative Assistant California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630 Telephone (916) 358−1711 AUTHORITY AND REFERENCE Penal Code (PC)

section 2808 provides the Prison In- dustry Board (PIB) with rulemaking authority to amend

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1807 regulation 8004.1 concerning inmate worker employ- ment, revising the requirement for a minimum Test of Adult Basic Education (TABE) score to minimum qualifications. In order to implement and make specific Penal Code (PC) sections 2806 and 2808, PIB proposes to amend regulation

section 8004.1. Specifically, CALPIA and PIB propose amending

Section 8004.1 to address the appearance of potential bias or discrimination against disabled inmates by changing the standard for employ- ment from minimum Test of Adult Basic Education (TABE) scores to minimum qualifications to perform duties of the position. INFORMATIVE DIGEST POLICY STATEMENT OVERVIEW The proposed adoption of

Section 8004.1 will allow PIB to implement its authority vested by the Legisla- ture. In PC

section 2808, the Legislature granted PIB powers equal to “all of the things that the board of direc- tors of a private corporation would do. . .” This regulatory action is necessary to implement, in- terpret, clarify and make specific Penal Code (PC) Sec- tion 2801 regarding inmate participation for work as- signments with CALPIA. Penal Code (PC) Sections 2801 and 2808 provide the PIB with implied rulemak- ing authority to establish regulations for developing and operating enterprises to employ prisoners. Penal Code

Section 2801(

c) provides CALPIA’s General Manager with the authority to operate a work program for prison- ers and manage inmate participation for work assign- ments with CALPIA. This includes establishing regula- tions for developing and operating enterprises to em- ploy prisoners. Pursuant to these statutes, CALPIA’s General Manager has the authority to operate a work program for inmates including inmate worker hiring standards and requirements. Specifically, CALPIA and PIB propose amending

Section 8004.1 to address the appearance of potential bias or discrimination against disabled inmates by changing the standard for employment from minimum Test of Adult Basic Education (TABE) scores to mini- mum qualifications to perform duties of the position. The proposed amendments will be vetted through the public process of PIB, as required in PC 2808(

h) and (i), and now are being promulgated through the regulatory process as specified in the Administrative Procedure Act (APA). PIB will vote on these proposed regulations at their next board meeting. Upon approval, PIB’s Record of V ote and applicable portion of the minutes will be placed in the final rulemaking file. These docu- ments will be filed with the Office of Administrative Law (OAL) and are available to the public upon request and upon CALPIA’s website.

Anticipated Benefits of the Proposed Regulation: Anticipated benefits of the proposed regulation in- clude providing a nonmonetary benefit for the protec- tion and safety of public health and safety, by ensuring ongoing efficiency of operations, employment of in- mate workers, and providing experiences for inmate workers to utilize upon release from custody.

CALPIA has evaluated the potential benefits of this proposed regulatory action and made an initial determination that this proposed action will: • Continue to provide a nonmonetary benefit for the protection of public health and safety, by ensuring ongoing efficiency of operations employment inmate workers, and providing work experiences for inmate workers to utilize upon release from custody. • Eliminate inconsistencies from institution to institution and facility to facility. • Decrease the incidences of inmate appeals regarding inmate pay rates, schedules and movement and promotions to increased skill level and pay rates. • Support uniformity in application of regulations regarding inmate pay rates, schedules and movement and promotions to increased skill level and pay rates. • Provide assurances of consistent and equitably allocated inmate pay rates, schedules and movement and promotions to increased skill level and pay rates. • Reduce the appearance of potential bias or discrimination against and ensure the inclusion of disabled inmates in eligibility for CALPIA work assignments by changing the standard for employment from minimum TABE scores to minimum qualifications to perform duties of the position. • Promote providing access to its activities, services, and programs to inmates/parolees with disabilities, with or without reasonable accommodation, consistent with penological interests. • Promote inclusion of qualified inmates with a disability in activities, services, and programs of CDCR, including CALPIA work assignments. • Maintain the current availability of work assignments with CALPIA for qualified inmates without a qualification bar based on TABE score alone while still requiring education participation while on CALPIA assignment. • Comply with the Joint Case Status Statement dated March 15, 2017, PC−CA−0001−0055, in

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1808 Armstrong v. Schwarzenegger, Case No. 4:94−cv−02307−CD (N.D. Cal.). CALPIA and PIB propose amending

Section 8004.1 to address the appearance of potential bias or discrimi- nation against and ensure the inclusion of disabled in- mates in eligibility for CALPIA work assignments by changing the standard for employment from minimum TABE scores to minimum qualifications to perform du- ties of the position. It is the policy of the California De- partment of Corrections (CDCR) to provide access to its activities, services, and programs to inmates/ parolees with disabilities, with or without reasonable accommodation, consistent with penological interests.

No qualified inmate or parolee with a disability is ex- cluded from participation in or denied benefits of activi- ties, services, and programs of CDCR. An inmate may be excluded from CDCR assignment if the inmate would be unable to perform the essential functions of the assignment despite the provision of accommoda- tions and adaptive support services (oral rather than written tests, etc.), the assignment would pose a safety risk, or the provision of accommodation for the assign- ment would fundamentally alter the program or present an undue financial or administrative burden.

Because academic and vocational correctional education re- duces post−release recidivism and does so cost− effectively, CALPIA inmate workers remain obligated to be enrolled in an educational program designed to achieve academic and vocational milestones. On aver- age, inmates who participate in correctional education programs have 43 percent lower odds of recidivating than those who did not. Inmates who participate in high school/GED programs have 30 percent lower odds of recidivating than those who had not.

Using a three−year reincarceration rate for a hypothetical pool of 100 in- mates, the three−year reincarceration costs in 2013 for those who did not receive correctional education were between $2.94 million and $3.25 million. This change to the regulation maintains the current availability of work assignments with CALPIA for qualified inmates without a qualification bar based on TABE score alone while still requiring education par- ticipation while on CALPIA assignment. Removing the TABE score requirement complies with the Joint Case Status Statement dated March 15, 2017, PC− CA−0001−0055, in Armstrong v.

Schwarzenegger, Case No. 4:94−cv−02307−CD (N.D. Cal.). The pro- posed regulatory action will be vetted through the pub- lic process of PIB, as required in PC

Section 2808, sub- sections (

h) and (i), and promulgated through the regu- latory process as specified in the Administrative Proce- dure Act (APA). PIB will review these regulations at the next board meeting. Upon approval, the PIB’s Record of V ote and the applicable portion of the meeting min- utes will be included in the rulemaking file. These docu- ments will be filed with the Office of Administrative Law (OAL).

Evaluation of Inconsistency/Incompatibility with Existing Regulations: During the process of developing this regulation, PIB and CALPIA have conducted a search of any similar regulations on this topic and have concluded that this regulation is neither inconsistent nor incompatible with existing laws and regulations. Local Mandates: This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement pursuant to Government Code Sections 17500 through 17630.

Fiscal Impact Statement: Cost to any local agency or school district that is required to be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Effect on Housing Costs: PIB and CALPIA have determined that the proposed action will have no significant effect on housing costs.

Significant Statewide Adverse Economic Impact on Business: PIB and CALPIA have determined that adoption of the proposed regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states because this regulation only applies to internal operations of CALPIA. ECONOMIC IMPACT ANALYSIS/ASSESSMENT RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT As a result of the economic impact assessment and in accordance with Government Code

Section 11346.3(b), PIB and CALPIA have made the following assessments regarding the proposed regulation: CREATION OR ELIMINATION OF JOBS WITHIN THE STATE OF CALIFORNIA This action will not create or eliminate existing jobs within the State of California. It is determined that this action has no significant adverse economic impact on

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1809 jobs within the State of California because these jobs are not affected by CALPIA’s independent credit card transactions any differently under

section 8902 than ex- ists presently or there is no impact on existing jobs and therefore there is no impact with the adoption of this section. CREATION, EXPANSION, OR ELIMINATION OF EXISTING BUSINESSES (SMALL OR LARGE) WITHIN THE STATE OF CALIFORNIA This action will not have an effect on the creation, ex- pansion, or elimination, of small or large businesses within California. It is determined that this action has no significant adverse economic impact on small or large businesses within the State of California because busi- nesses are not affected by CALPIA’s independent credit card transactions any differently than currently, or not at all; and therefore, adoption of

section 8902 will not have an effect on the creation, expansion, or elimination of small or large businesses within California. BENEFITS OF THE PROPOSED AMENDMENTS TO THE REGULATIONS The benefit of the amended regulation is to address the appearance of potential bias or discrimination against disabled inmates by changing the standard for employment from minimum Test of Adult Basic Educa- tion (TABE) scores to minimum qualifications to per- form duties of the position. REPORTS RELIED UPON None.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES PIB and CALPIA are not aware of any cost impacts that a representative, private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The Department has determined that this action has no significant adverse economic impact on small busi- nesses any differently than they are now or not at all be- cause they are not affected by CALPIA’s internal operations.

CONSIDERATION OF ALTERNATIVES PIB and CALPIA must determine that no reasonable alternative considered or that has otherwise been identi- fied and brought to the attention of PIB and CALPIA, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af- fected private persons and equally effective in imple- menting the proposed regulatory action.

Interested per- sons are invited to submit written statements or argu- ments with respect to any alternatives to the changes proposed during the written comment period. A V AILABILITY OF RULEMAKING DOCUMENTS The Proposed Text, Initial Statement of Reasons, and Materials Relied Upon have been placed in the rule- making file and are available to the public upon request directed to the CALPIA’s contact person. The docu- ments will also be made available on the CALPIA web- site: www.calpia.ca.gov.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the PIB may approve the proposed regula- tions substantially as described in this Notice. If modifi- cations sufficiently related to the originally proposed text are made, the changes will be clearly indicated and made available to the public at least 15 days before the PIB reviews and approves the regulations as revised. PIB and CALPIA will accept written comments on the modified regulations for 15 days after the date on which they are made available.

Requests for copies of any modified regulation text should be directed to the con- tact person indicated in this Notice or can be viewed by visiting the CALPIA website: http://www. calpia.- ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the CALPIA’s contact person or by visiting the CALPIA website: www.calpia.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1810 TITLE 15. CALIFORNIA PRISON INDUSTRY AUTHORITY California Code of Regulations Title 15, Crime Prevention and Corrections Division 8 NOTICE IS HEREBY GIVEN that the California Prison Industry Authority (CALPIA) and the Prison In- dustry Board (PIB) pursuant to the authority granted by Penal Code (PC) Sections 2808 and 2809 in order to im- plement, interpret and make specific Penal Code 2808, propose to amend

Section 8004,

Article 3, of the Cali- fornia Code of Regulations (CCR), Title 15, Division 8, Inmate W ork/Training and Education. PUBLIC HEARING At this time, no public hearing has been scheduled concerning the proposed adoption to regulations. Any- one may request a public hearing by contacting the Con- tact Person set forth below, Requests for public hearings must be made no later than November 20, 2018. PUBLIC COMMENT PERIOD The public comment period will close December 5, 2018. Any person may submit public comments regard- ing the proposed changes in writing.

To be considered, comments must be received before the close of the com- ment period. Use one of the following to submit: MAIL or HAND DELIVER CALPIA/Legal Services Unit 560 East Natoma Street Folsom, CA 95630 FAX (916) 358−2709 E−MAIL PIAregs@calpia.ca.gov CONTACT PERSONS Please direct any inquiries regarding this action or questions of substance of the proposed regulatory action to: M.

Doherty, Legal Analyst California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630 Telephone (916) 358−1711 In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: C. Pesce, Administrative Assistant California Prison Industry Authority 560 East Natoma Street Folsom, CA 95630 Telephone (916) 358−1711 AUTHORITY AND REFERENCE The California Prison Industry Authority (CALPIA) and the Prison Industry Board (PIB) pursuant to the au- thority granted by Penal Code (PC)

Section 2808, in or- der to implement, interpret and make specific Penal Code Sections 2808 and 2809, propose to amend Sec- tion 8004 of

Article 3, of the California Code of Regula- tions (CCR), Title 15, Division 8, Inmate Work/Train- ing and Education. INFORMATIVE DIGEST CALPIA is amending

Section 8004 to provide notice and affirm the General Manager’s authority at any time to terminate inmate assignments with or without cause. The proposed regulatory action will allow PIB to imple- ment its authority vested by the Legislature. In PC sec- tion 2808, the Legislature granted PIB powers equal to “all of the things that the board of directors of a private corporation would do. . . .” This regulatory action is necessary to implement, in- terpret, clarify and make specific PC

Section 2801 re- garding inmate participation for work assignments with CALPIA. PC Sections 2801 and 2808 provide the PIB with implied rulemaking authority to establish regula- tions for developing and operating enterprises to em- ploy prisoners. Penal Code

Section 2801(

c) provides CALPIA’s General Manager with the authority to oper- ate a work program for prisoners and manage inmate participation for work assignments with CALPIA. This includes establishing regulations for developing and operating enterprises to employ prisoners. Pursuant to these statutes, CALPIA’s General Manager has the au- thority to operate a work program for inmates including inmate worker hiring standards, requirements and as- signment termination. POLICY STATEMENT OVERVIEW In order for CALPIA to function safely and efficient- ly, this revised regulation is needed to provide notice

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1811 and enforce standard workplace practices and provide familiarity with those practices for inmates upon re- lease from custody and post−custody employment. CALPIA provides inmates with work opportunities to develop work skills and experience applicable upon re- lease from custody. It is standard practice for private sector employers to terminate worker assignments and employment at any time and with or without cause. Therefore, CALPIA is amending

Section 8004 to in- clude this same requirement. As a result, it is necessary to implement this amendment through the Administra- tive Procedure Act as a requirement of inmate worker assignment. Thus, this proposed action benefits the public and general welfare. Evaluation of Inconsistency/Incompatibility with Existing Regulations: During the process of developing this regulation, CALPIA has conducted a search of any similar regula- tions on this topic and has concluded that the proposed regulatory action is neither inconsistent nor incompati- ble with existing laws and regulations.

Local Mandates: This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement pursuant to Government Code Sections 17500 through 17630. Fiscal Impact Statement: Cost to any local agency or school district t hat is required to be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None.

Effect on Housing Costs: CALPIA has made an initial determination that the proposed action will have no significant effect on hous- ing costs. Significant Statewide Adverse Economic Impact on Business: CALPIA has initially determined that the proposed action will not have a significant statewide adverse eco- nomic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states because they are not affected by the internal management of CALPIA employees. Results of the Economic Impact Analysis/ Assessment In accordance with the Government Code

Section 11346.3(b), CALPIA has made the following assess- ments regarding the proposed regulation: Creation or Elimination of Jobs within the State of California CALPIA has determined that the proposed regulato- ry action will have no impact on the creation or elimina- tion of existing jobs within California because those jobs are not affected by the internal management of CALPIA employees.

Creation of New Businesses or Elimination of Existing Businesses within the State of California This proposed regulatory action will have no effect on the creation of new or elimination of existing busi- nesses within California because those businesses are not affected by the internal management of CALPIA employees. Expansion of Businesses Currently Doing Business Within the State of California This proposed regulatory action will have no effect on the expansion of businesses currently doing business within the State of California because they are not af- fected by the internal management of CALPIA employees.

Benefits of the Regulations This proposed regulatory action will benefit CALPIA inmates by providing inmates with a standard employment practice which is applied in the private sector workplace. This proposed regulatory action will create familiarity and compliance with a standard pub- lic sector employment practice and promote CALPIA’s efficient operations. Said amendment will facilitate po- tential compliance with standard workplace practices providing inmate workers with higher probability of re- taining non−custody employment and reducing recidi- vism.

Thus, this proposed action benefits the public and general welfare. Cost Impacts on Representative Private Persons or Businesses CALPIA 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 CALPIA has determined that this action has no sig- nificant adverse economic impact on small business be- cause they are not affected the internal management of CALPIA inmate workers.

Consideration of Alternatives CALPIA must determine that no reasonable alterna- tive considered by CALPIA, or that has otherwise been identified and brought to the attention of CALPIA, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to af-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1812 fected private persons and equally effective implement- ing the statutory policy or other provision of law. Interested persons are invited to submit written state- ments or arguments with respect to any alternatives to the changes proposed during the written comment period. Reports Relied Upon None.

Availability of Proposed Text, Initial Statement of Reasons, and Rulemaking Record; Documents on CALPIA’s Website The Proposed Text, Initial Statement of Reasons, and all the information upon which this proposal is based have been placed in the rulemaking record, which is available to the public upon request directed to the CALPIA’s contact person. The documents will also be made available on the CALPIA website: www.calpia.ca.gov.

Availability of Changes to Proposed Text After considering all timely and relevant comments received, the PIB may approve the proposed regula- tions substantially as described in this Notice. If CALPIA makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) avail- able to the public for at least 15 days before the PIB re- views and approves the regulations as revised. CALPIA will accept written comments on the modified regula- tions for 15 days after the date on which they are made available.

Requests for copies of any modified regula- tion text should be directed to the contact person indi- cated in this Notice or can be viewed by visiting CALPIA’s website: www.calpia.ca.gov. Availability of the Final Statement of Reasons Following its preparation, a copy of the Final State- ment of Reasons may be obtained from CALPIA’s con- tact person or by visiting the CALPIA website: www.calpia.ca.gov. TITLE 16. VETERINARY MEDICAL BOARD TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS DIVISION 20.

VETERINARY MEDICAL BOARD NOTICE IS HEREBY GIVEN that the Veterinary Medical Board (“Board”) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD 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 November 26, 2018, or must be received by the Board at the hearing. A V AILABILITY OF MODIFICATIONS The Board, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

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

section 4808 of the Business and Professions Code (BPC), and to im- plement, interpret, or make specific sections 4842.5 and 4905 of the BPC, the Board is proposing changes to sec- tions 2070 and 2071 of

Article 7 of Division 20 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST A. Informative Digest BPC

section 4808 authorizes the Board to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Veterinary Medicine Practice Act (VMPA), which is contained in BPC sections 4800 through 4917. Existing laws, BPC sections 4842.5 and 4905, autho- rize the Board to charge fees associated with veterinari- an licensure, premises permit registration, and regis- tered veterinary technician registration. These sections

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1813 require the Board to set the amount of the fees associat- ed with licensure and registration at amounts the Board determines are reasonably necessary to provide suffi- cient funds to carry out the purpose of the VMPA. The sections also set specified limits on the amount of fees that may be charged. Amend Sections 2070 and 2071 The statutory fees are set in regulation under sections 2070 (veterinarian and premises permit registration) and 2071 (registered veterinary technician registra- tion).

The Board is proposing to amend CCR sections 2070 and 2071 to increase certain fees associated with veterinarian licensure, premises permit registration, and registered veterinary technician as detailed in Table 1 below: Table 1. Fee

Schedule Revenue Category Fees CURRENT NEW

Section 2070 Application Eligibility Review·- Veterinarian $125.00 $150.00 California State Board Exam $200.00 $235.00 Initial License - Veterinarian $290.00 $350.00 Biennial Renewal - Veterinarian $290.00 $350.00 Temporary License - Veterinarian $150.00 $175.00 Initial Registration - Veterinary Premises $200.00 $400.00 Annual Registration - Veterinary Premises $200.00 $400.00 Delinquent Renewal - Veterinarian $25.00 $35.00 Delinquent Renewal - Veterinary Premises $25.00 $35.00

Section 2071 Application Eligibility Review - Veterinary Technician $125.00 $150.00 California Veterinary Technician Exam $175.00 $200.00 Initial Registration - Veterinary Technician $140.00 $160.00 Biennial Renewal - Veterinary Technician $140.00 $160.00 Delinquent Renewal - Veterinary Technician $25.00 $35.00 B. Policy Statement Overview In accordance with BPC

section 4800.1, the Board’s highest priority is protection of the public in exercising its regulatory, licensing, inspection, and disciplinary functions. The Board is a self−supporting, special fund agency that generates its revenues from licensing and registra- tion fees. In order to perform its regulatory, licensing, inspection, and disciplinary functions, the Board must generate sufficient revenues from fees associated with licensing and registration.

The Board is also required to maintain a Fund Condition reserve of no less than three (3) months and no more than ten (10) months of annual authorized expenditures. As the Board’s costs associat- ed with performing its core functions have risen sharply, the Board is currently experiencing a severe fiscal imbalance. This proposal would increase fees as- sociated with veterinarian licensure and premises per- mit and registered veterinary technician registrations so that the Board can continue to perform its core functions and properly protect the public. C.

Anticipated Benefits of Proposed Regulatory Action By increasing licensing and registration fees, this proposal would generate sufficient funds for the Board to resolve its fiscal imbalance. In turn, the Board will be able to appropriate additional funds toward inspections and enforcement, which will protect California con- sumers and their pets by ensuring that licensees are complying with the VMPA and allowing for the prose- cution of those licensees that are violating the VMPA. In addition to this, by amending sections 2070 and

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z 1814 2071, the Board will be complying with BPC

section 4905, which requires the Board to maintain a reserve of no more than ten (10) months of annual authorized ex- penditures. D. Consistency and Compatibility with Existing State Regulations During the process of developing this proposal, the Board has conducted a search of any similar regulations on this topic. The Board has evaluated this regulatory proposal and found that it is neither inconsistent nor in- compatible with existing state regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The anticipated additional rev- enue from the proposed fee increase will increase the Board’s revenue to approximately $1,340,000 addition- al revenue per Fiscal Year ongoing. There are no ex- pected costs or savings to any other state agency or costs/savings in federal funding. 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 B