California Regulatory Notice Register — Register 2018, No. 37-Z (September 14, 2018)

Cal. Reg. Notice Reg. 2018, No. 37

California Z Register

REGISTER (Continued on next page) Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 37−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEBMER 14, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−0904−35 ......................................... 1483 Amendment Multi−County:Marin Clean Energy Upper Kings Basin Integrated Regional Water Management Authority TITLE 14. FISH AND GAME COMMISSION Sport Fishing (2019) — Notice File No.

Z2018−0904−01 ............................................. 1484 TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES Amend CCR, Title 17 — Notice File No. Z2018−0904−34 ............................................. 1487 TITLE 22. DEPARTMENT OF SOCIAL SERVICES Temporary Management of Adult Community Care Facilities (ACCF) and Residential Care Facilities (RCFEs) for the Elderly — Notice File No. Z2018−0831−03 ................................... 1488 TITLE 24. BUILDING STANDARDS COMMISSION California Administrative Code (CAC),

Part 1, Title 24, California Code of Regulations — Notice File No. Z2018−0904−05 ................................................................. 1491 TITLE 24. BUILDING STANDARDS COMMISSION California Building Code,

Part 2, Title 24, California Code of Regulations — Notice File No. Z2018−0904−06 ................................................................. 1495 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Electrical Code (Part 3, Title 24) — Notice File No. Z2018−0904−07 ...................... 1498 TITLE 24. BUILDING STANDARDS COMMISSION California Mechanical Code (CMC),

Part 4, Title 24 California Code of Regulations — Notice File No. Z2018−0904−08 ................................................................. 1501

(Continued on next page) TITLE 24. BUILDING STANDARDS COMMISSION California Plumbing Code (CPC),

Part 5, Title 24 California Code of Regulations — Notice File No. Z2018−0904−09 ................................................................. 1505 TITLE 24. BUILDING STANDARDS COMMISSION California Existing Building Code (CEBC),

Part 10, Title 24, California Code of Regulations — Notice File No. Z2018−0904−10 ................................................................ 1508 TITLE 24. BUILDING STANDARDS COMMISSION California Referenced Standards Code,

Part 12, Title 24, California Code of Regulations — Notice File No. Z2018−0904−11 ................................................................ 1512 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Green Building Standards Code (CALGreen Code — Title 24,

Part 11) — Notice File No. Z2018−0904−12 ................................................................ 1515 TITLE 24. BUILDING STANDARDS COMMISSION 2019 California Electrical Code (CEC),

Part 3, Title 24, California Code of Regulations — Notice File No. Z2018−0904−13 ................................................................. 1519 TITLE 24. BUILDING STANDARDS COMMISSION Adopt and Amend the 2018 Uniform Mechanical Code for use as the 2019 California Mechanical Code,

Part 4, Title 24, CCR — Notice File No. Z2018−0904−14 ............................................ 1523 TITLE 24. BUILDING STANDARDS COMMISSION Adopt and Amend the 2018−UPC of IAPMO for inclusion in the 2019 California Plumbing Code,

Part 5, Title 24, CCR — Notice File No. Z2018−0904−15 .................................................. 1526 TITLE 24. BUILDING STANDARDS COMMISSION 2016 California Existing Building Code (CEBC),

Part 10, California Code of Regulations, Title 24 — Notice File No. Z2018−0904−16 ................................................................. 1530 TITLE 24. BUILDING STANDARDS COMMISSION Triennial Code Cycle Amendments to the 2016 California Green Building Standards Code, California Code of Regulations, Title 24,

Part 11 for Inclusion into the 2019 California Green Building Standards Code — Notice File No. Z2018−0904−17 ................................................................ 1534 TITLE 24. BUILDING STANDARDS COMMISSION 2018−Triennial Rulemaking Cycle — CCR, Title 24,

Part 3 — Notice File No. Z2018−0904−18 .............. 1537 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — 2019 CCR, Title 24,

Part 4 — Notice File No. Z2018−0904−19 ....... 1542 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — 2019 CCR, Title 24,

Part 5 — Notice File No. Z2018−0904−20 ....... 1546

(Continued on next page) TITLE 24. BUILDING STANDARDS COMMISSION Adoption of the 2017 Edition of the National Electrical Code (NEC) into the 2019 California Electrical Code (CEC) — Notice File No. Z2018−0904−21 ................................................... 1551 TITLE 24. BUILDING STANDARDS COMMISSION Adoption of the 2018 Uniform Mechanical Code with Amendments into the 2019 California Mechanical Code — Notice File No. Z2018−0904−22 ................................................................ 1555 TITLE 24.

BUILDING STANDARDS COMMISSION Adoption of the 2018 Uniform Plumbing Code with Amendments into the 2019 California Plumbing Code — Notice File No. Z2018−0904−23 ................................................................ 1560 TITLE 24. BUILDING STANDARDS COMMISSION Adoption of 2018 International Existing Building Code with amendments into 2019 CA Existing Building Code — Notice File No. Z2018−0904−24 ................................................................ 1564 TITLE 24. BUILDING STANDARDS COMMISSION Adoption of the 2019 California Green Building Standards Code with Amendments — Notice File No.

Z2018−0904−25 ................................................................ 1568 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 1 California Administrative Code — Notice File No. Z2018−0904−26 ................................................................ 1572 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 2, Volume 1, California Building Code — Notice File No. Z2018−0904−27 ................................................................. 1576 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 2, Volume 2, California Building Code — Notice File No. Z2018−0904−28 ................................................................ 1579 TITLE 24. BUILDING STANDARDS COMMISSION Title 24,

Part 3 California Electrical Code, Adoption of 2017 National Electrical Code — Notice File No. Z2018−0904−29 ................................................................ 1583 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 4, California Mechanical Code — Notice File No. Z2018−0904−30 ................................................................ 1587 TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 5, California Plumbing Code — Notice File No. Z2018−0904−31 ................................................................ 1590

TITLE 24. BUILDING STANDARDS COMMISSION 2018 Triennial Code Adoption Cycle — Title 24,

Part 10, California Existing Building Code — Notice File No. Z2018−0904−32 ................................................................ 1594 TITLE 24. BUILDING STANDARDS COMMISSION Amendments for 2019 California Plumbing Code Standards for Recycled Water — Notice File No. Z2018−0904−33 ................................................................ 1598 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Laguna County Sanitation District Facilities Construction, Operation, and Maintenance Project, 2080−2018−009−05, Santa Barbara County ......................... 1602 DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for EFM Patterson Creek Accelerated Wood Recruitment Project (Tracking Number: 1653−2018−027−001−R1), Siskiyou County ................. 1602 FISH AND GAME COMMISSION Coast Yellow Leptosiphon Notice of Findings ...................................................... 1603 FISH AND GAME COMMISSION Lassics Lupine Notice of Findings ............................................................... 1611 FISH AND GAME COMMISSION Tricolored Blackbird Notice of Findings .......................................................... 1614 DECISION NOT TO PROCEED OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Concerning High Voltage Electrical Safety Orders, Elevators Safety Orders, General Industry Safety Orders, Petroleum Safety Orders — Drilling and Production, Telecommunications Safety Orders (Previously Published in Notice Register 2018, 18−Z) ............................................... 1631 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Rickey Sonney Concerning Reclassification Score Sheet ................ 1632

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1633 Sections Filed, April 4, 2018 to September 5, 2018 .................................................. 1634 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. 37-Z 1483 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Marin Clean Energy Upper Kings Basin Integrated Regional Water Management Authority A written comment period has been established com- mencing on September 14, 2018, and closing on Octo- ber 29, 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 October 29, 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 Gov- ermnent 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 Govermnent 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1484 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 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 275, 1050, 1053.1, 1055.1, 7380 and 8491 of the Fish and Game Code and to implement, interpret or make specif- ic sections 110, 200, 205, 255, 265, 270, 275, 713, 1050, 1053.1, 1055.1, 7149.8, 7380, 7381 and 7382 of said Code, proposes to Amend Sections 1.53, 1.74 and 5.00, Title 14, California Code of Regulations, relating to Freshwater Sport Fishing Amendments and Sport Fish- ing Report Card Requirements — Sport Fishing.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Sections 1.53 & 5.00, Title 14, CCR This California Department of Fish and Wildlife (De- partment) proposal combines Department and public requests for changes to Title 14, California Code of Regulations (CCR), for the Annual Sport Fishing Regu- lations review cycle. This proposal will clarify that in- land waters do not include bays, increase fishing oppor- tunities for black bass in Perris Lake, and make needed corrections to existing regulations. The proposed regu- latory changes are needed to reduce public confusion and improve regulatory enforcement.

Inland Waters Definition The current definition of inland waters can be confus- ing to anglers who want to fish two rods in a bay but are not sure if a second rod validation is required. A sec- ond−rod validation is only required in inland waters. However, the current definition of Inland Waters (Title 14,

Section 1.53) is not clear if inland waters include or exclude bays. The definition reads, “Inland waters ex- clude the waters of San Francisco Bay and the waters of Elkhorn Slough. . . ” The definition only excludes San Francisco Bay. Title 14,

Section 27.00, Definition of the Ocean and San Francisco Bay District reads, “The ocean is. . . the waters of open or enclosed bays con- tiguous to the ocean.” This definition clearly states that all bays are considered waters of the ocean. To be con- sistent and clear, the definition of inland waters should state that all bays are excluded, not just San Francisco Bay. Amending the definition will clarify that inland waters do not include bays and, therefore, a second rod validation is not required in a bay.

Lake Perris Largemouth Bass Size and Bag Limit The current regulations were changed in 2009 to pro- tect the fishery when the lake was drawn down by 43% to repair the dam. DFW placed 1,484 brush habitat structures into the remnant lake from 2008−2016 and built 109 rock reefs with approximately 109,000 square feet of gravel/cobble rock areas. The dam repair has been completed and the water is restored to an 80% pool. DFW proposes to re−establish the bass regula- tions to the statewide standard of 5 fish at 12 inches.

Updates to Authority and Reference Citations Based on Recent Legislation Senate Bill 1473 (Stats. 2016, Ch. 546) made organi- zational changes to the Fish and Game Code that be- came effective January 1, 2017. The changes included moving the Commission’s exemptions from specified Administrative Procedure Act time frames from Sec- tion 202 to

Section 265 of the Fish and Game Code, moving the Commission’s effective date procedures from

Section 215 to

Section 270 of the Fish and Game Code, moving the Commission’s effective period pro- cedures from

Section 220 to

Section 275 of the Fish and Game Code, and moving the Commission’s authority to adopt emergency regulations from

Section 240 to Sec- tion 399 of the Fish and Game Code. In accordance with these changes to the Fish and Game Code, sections 202, 215, and 220 are removed from, and sections 265, 270, and 275 are added to, the authority and reference cita- tions for this rulemaking. Goals and Benefits of the above Proposed Regulation It is the policy of this state to encourage the conserva- tion, maintenance, and utilization of the living re- sources of the ocean and inland waters under the juris- diction and influence of the state for the benefit of all the citizens of the State.

In addition, it is the policy of this state to promote the development of local California fisheries in harmony with federal law respecting fishing and the conservation of the living resources of the ocean and inland waters under the jurisdiction and influence of the State. The objectives of this policy include, but are not limited to, the maintenance of sufficient popula- tions of all species of aquatic organisms to ensure their continued existence and the maintenance of a sufficient resource to support a reasonable sport use.

Adoption of scientifically−based trout and salmon seasons, size lim- its, and bag and possession limits provide for the main- tenance of sufficient populations of trout and salmon to ensure their continued existence.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1485 The benefits of the proposed regulations are in con- currence with Federal law, sustainable management of California’s trout and salmon resources, and promotion of businesses that rely on recreational sport fishing in California. INFORMATIVE DIGEST/POLICY STATEMENT

Section 1.74, Title 14, CCR This proposal will update the sport fishing report card requirements and make needed corrections to existing regulations. The proposed regulatory changes are need- ed to reduce public confusion and improve regulatory enforcement. Sport Fishing Report Card Requirements

Section 1.74 establishes guidelines for report card regulations including reporting harvest authorized by a report card; however, this

section does not include a mechanism for confirmation that data from a report card has been reported. This proposal requires report card holders who submit data online to write the provid- ed confirmation number on their report card and retain the report card until 90 days after the reporting deadline. When a report card is lost, a licensee may wish to ob- tain a replacement report card or may simply need to fulfill the harvest reporting requirement before the re- porting deadline.

Section 1.74 does not currently pro- vide guidelines for licensees who have lost their report card and need to report their harvest, but do not need to obtain a replacement report card. This proposal updates procedures regarding lost report cards to provide guide- lines for obtaining a replacement report card, and for re- porting harvest from a lost report card without obtain- ing a replacement report card.

Goals and Benefits of this Proposed Regulation It is the policy of this state to encourage the conserva- tion, maintenance, and utilization of the living re- sources of the ocean and inland waters under the juris- diction and influence of the state for the benefit of all the citizens of the State. In addition, it is the policy of this state to promote the development of local California fisheries in harmony with federal law respecting fishing and the conservation of the living resources of the ocean and inland waters under the jurisdiction and influence of the State.

The objectives of this policy include, but are not limited to, the maintenance of sufficient popula- tions of all species of aquatic organisms to ensure their continued existence and the maintenance of a sufficient resource to support a reasonable sport use. Adoption of scientifically−based trout and salmon seasons, size lim- its, and bag and possession limits provide for the main- tenance of sufficient populations of trout and salmon to ensure their continued existence.

The benefits of this proposed regulation are concur- rence with Federal law, sustainable management of California’s trout and salmon resources, and promotion of businesses that rely on recreational sport fishing in California. Consistency and Compatibility with State Regulations The Commission has reviewed its own regulations and finds that the proposed regulations are neither in- consistent nor incompatible with existing State regula- tions.

The Commission has searched the California Code of Regulations and finds no other State agency regulations pertaining to fresh and marine sport fish- eries as well as the establishment of guidelines for reporting harvest. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Radisson Fresno Conference Center, 1055 Van Ness Avenue, Fresno, California, on Thursday, October 18, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in QLN Conference Center, 1938 Avenida del Oro, Oceanside, California, on Thursday, December 13, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is request- ed, but not required, that written comments be submit- ted on or before 5:00 p.m. on November 29, 2018, at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed (to Fish and Game Commis- sion, P.O.

Box 944209, Sacramento, CA 94244−2090), or emailed to the Commission office, must be received before 12:00 noon on December 7, 2018. All comments must be received no later than December 13, 2018, at the hearing in Oceana, California. If you would like copies of any modifications to this proposal, please in- clude your name and mailing address. It is requested, but not required, that written com- ments be submitted on or before 5:00 p.m. on October 4, 2018, at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed (to Fish and Game Commission, P.O.

Box 944209, Sacramento, CA 94244−2090), or emailed to the Commission office, must be received before 12:00 noon on October 12, 2018. All comments must be received no later than Oc- tober 17, 2018, at the hearing in Fresno, California. If you would like copies of any modifications to this pro- posal, please include your name and mailing address. Availability of Documents Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regu- lations as well as all related documents upon which the

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1486 proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and Game Commission, 1416 Ninth Street, P.O. Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899. Please direct requests for the above mentioned documents and inquiries concerning the reg- ulatory process to V alerie Termini or Jon Snellstrom at the preceding address or phone number.

Kevin Shaffer, Chief, Fisheries Division, (916) 327−8841, has been designated to respond to questions on the substance of the proposed sport fishing regulations. Copies of the Notice of Proposed Action, the Initial Statement of Rea- sons, and the text of the regulation in underline and strikeout can be accessed through our website at http://www.fgc.ca.gov. Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

Impact of Regulatory Action/Results of the Economic Impact Assessment The Department assessed the potential for significant statewide adverse economic impacts that might result from the proposed regulatory action, and made the fol- lowing initial determinations relative to the required statutory categories: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action is not anticipated to have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states because the expected impact of the proposed regulations on the amount of fishing activity is anticipated to be minimal relative to recreational angling effort statewide. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The expected impact of the proposed regulations on the amount of fishing activity is anticipated to be minimal relative to recreational angling effort statewide.

Therefore, the Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing business or the expansion of businesses in California. The Commission anticipates benefits to the health and welfare of California residents. Sport fishing contributes to increased mental health of its practitioners as fishing is a hobby and form of relaxation for many.

Sport fishing also provides opportunities for multi−generational family activities and promotes respect for California’s environment by younger generations, the future stewards of California’s natural resources. The Commission anticipates benefits to the environment by the sustainable management of California’s sport fishing resources. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. Effect on Small Business It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).

Consideration of Alternatives The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, 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 affected private persons and equally effec-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1487 tive in implementing the statutory policy or other provi- sion of law. TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES Early Intervention Services The Department of Developmental Services (Depart- ment) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. 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 contact listed below.

The written comment period closes at 5:00 p.m. on November 1, 2018. The Department will consider only comments re- ceived by the Department by that time. CONTACT: Sharon DeRego Monitoring and Family Services Branch Department of Developmental Services 1600 9th Street, Room 320, MS 3−11 Sacramento, CA 95814 FACSIMILE: (916) 654−1605 EMAIL: Sharon.DeRego@dds.ca.gov PUBLIC HEARING The Department has not scheduled a public hearing on this proposed action.

However, the Department 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. Copies of the express terms of the proposed regula- tion and the Initial Statement of Reasons or other infor- mation upon which the rulemaking is based, are avail- able from Ms. DeRego at the contact information listed above.

This notice, the Initial Statement of Reasons and the text of the proposed regulations are also available on the Internet at http://www.dds.ca.gov/ProposedRegs. Following the public hearing, copies of the Final State- ment of Reasons will be available from the office listed above once it is prepared. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Currently, California Code of Regulations, Title 17 does not include certain

definitions and is in need of clarifying a few

definitions for the early intervention services and the evaluation and assessment of the in- fants and toddlers whom are referred for determination of eligibility for these services. The Department proposes to amend California Code of Regulations (CCR), Title 17 to more accurately align with

Part C of the federal Individuals with Disabilities Education Act (20 U.S.C.

Sec. 1431 et seq.). The failure to amend Title 17 regulations in conform- ity with

Part C federal rules would negatively affect the Department receiving the full

Part C grant for the Early Intervention Services. Anticipated Benefits The proposed amendment will indirectly impact the health and welfare of the infants and toddlers in the Ear- ly Start program as the proposed amendments ensure the continuity of the federal grant which sustains these services. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that con- cern the service providers in relation to the early inter- vention services for infants and toddlers in California.

As these are the only regulations dealing with this sub- ject matter for infants and toddlers with developmental disabilities, the Department finds that the proposed reg- ulations are compatible and consistent with existing state statute and regulations. LOCAL MANDATE STATEMENT These regulations do not constitute a mandate on lo- cal agencies or school districts. FISCAL IMPACT The Department has made the following initial assessments: Cost or savings to any state agency: Cost of less than $10 million per year.

Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: None. The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1488 SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The Department has made an initial determination that the proposed regulations 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. SMALL BUSINESS IMPACT STATEMENT The Department has determined that there may be minimal impact on small business as a result of filing of these regulations.

These proposed amendments to the regulation do not create a burden on business. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed amendments do not represent any poli- cy shift in administrating the Early Start program for the state.

Therefore, the Department forecasts no economic impact and concludes that it is: (1) unlikely that the pro- posal will eliminate any jobs for the Early Start program service providers, (2) unlikely that the proposal will create an unknown number of jobs for service providers, (3) unlikely that the proposal will create an unknown number of new businesses providing services in the Early Start program, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expan- sion of businesses currently doing business within the state.

The proposed amendment will indirectly impact the health and welfare of the infants and toddlers in the Ear- ly Start program as the proposed amendments ensure the continuity of the federal grant which sustains these services. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department has deter- mined that there is no reasonable alternative to be con- sidered or that has otherwise been identified and brought to the attention of the Department that would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less bur- densome to affected private persons than the proposed action or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. AUTHORITY AND REFERENCE Authority: Welfare and Institutions Code sections 4405; and Government Code

Section 11152 Reference: Welfare and Institutions Code sections 4631; 4648(a); and 4691 CONTACT PERSON REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Sharon DeRego (916) 654−1605 Backup: Azadeh M−Fares (916) 654−2262 TITLE 22. DEPARTMENT OF SOCIAL SERVICES (CDSS) ORD #1017−22 ITEM #1 Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly The CDSS hereby gives notice of the proposed regu- latory action(

s) described below. Any person interested may present statements or arguments orally or in writ- ing relevant to the proposed regulations at a public hear- ing to be held on October 30, 2018, at the following ad- dress: Office Building # 8 744 P St., Room 103 Sacramento, California The public hearing will convene at 10:00 a.m. and will remain open only as long as attendees are present- ing testimony. The purpose of the hearing is to receive public testimony, not to engage in debate or discussion. The Department will adjourn the hearing immediately following the completion of testimony presentations.

The above−referenced facility is accessible to persons with disabilities. If you are in need of a language inter- preter at the hearing (including sign language), please notify CDSS at least two weeks prior to the hearing. Statements or arguments related to the proposals may also be submitted in writing, e−mail or by facsimile to the address/number listed below. All comments must be received by 5:00 p.m. on October 30, 2018.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1489 Following the public hearing, CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are suffi- ciently related to the original text. With the exception of nonsubstantive, technical, or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who testify or submit written comments during the public comment period and all persons who request notification.

Please address requests for regulations as modified to the agency representative identified below. Copies of the express terms of the proposed regula- tions and the Initial Statement of Reasons are available from the office listed below. This notice, the Initial Statement of Reasons and the text of the proposed regu- lations are available on the internet at CDSS Public Hearings for Proposed Regulations ( http://www.cdss. ca.gov/inforesources/Letters–Regulations/ Legisla- tion−and−Regulations/CDSS−Regulation−Changes− In−Process−and–Completed−Regulations/Public− Hearing−Information ).

Additionally, all the informa- tion which CDSS considered as the basis for these pro- posed regulations (i.e., rulemaking file) is available for public reading at the address listed below. Following the public hearing, copies of the Final Statement of Rea- sons will be available from the office listed below: Office of Regulations Development California Department of Social Services 744 P Street, MS 8−4−192 Sacramento, California 95814 TELEPHONE: (916) 657−2586 FACSIMILE: (916) 654−3286 E−MAIL: ord@dss.ca.gov CHAPTERS Title 22, Division 6,

Chapter 10 (Temporary Manage- ment of Adult Community Care Facilities and Residen- tial Care Facilities for the Elderly), Sections 89600 (General), 89601 (Definitions), 89632 (Temporary Manager Candidate List), 89633 (Temporary Manager Appointment), 89637 (Facility Improvement Plan), 89662 (Finances), and 89667 (Temporary Manager Qualifications).

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In October 2013, 19 frail seniors were abandoned at a community care facility in Castro Valley by the licensee after CDSS began license revocation proceedings due to the facility’s numerous violations that threatened the health and safety of the residents. The licensee aban- doned the facility and left the country, leaving the resi- dents and staff to their own resources. This tragic event led to numerous reform bills and prompted the Legisla- ture to adopt Senate Bill 855,

Chapter 29, Statutes of 2014 (SB 855). Current regulations for adult community care facili- ties and Residential Care Facilities for the Elderly do not provide the needed specific provisions for the selec- tion process and requirements of a temporary manager. The CDSS has determined that these proposed regula- tions will affect adult community care facilities and Residential Care Facilities for the Elderly. These regu- lations will be adopted to implement SB 855 that estab- lished the role of a Temporary Manager.

For adult community care facilities and Residential Care Facilities for the Elderly, a temporary manager means the person, corporation, or other entity appointed temporarily by the CDSS as a substitute facility li- censee or administrator with authority to hire, termi- nate, reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficien- cies identified in the facility’s operation.

The temporary manager assumes all responsibility for the facility and its clients and directs the daily operation of the facility and care and supervision activities of any person associ- ated with the facility, including superseding the authori- ty of the licensee and the administrator. The CDSS has a crucial role in the oversight, licen- sure and enforcement of regulations for the temporary management of adult community care facilities and Residential Care Facilities for the Elderly.

The regula- tions in this package are written to specify the require- ments for the qualifications, selection and appointment of a temporary manager, the duties of the temporary manager as outlined in the facility improvement plan and the limitations on expenditures and encumbrances by the temporary manager. Due to the imminent risk to health and safety that predicates the need to place a temporary manager ap- pointment, this regulations package shall be processed as emergency regulations with the Office of Adminis- trative Law (OAL).

This is necessary in order to main- tain immediate preservation of public peace, health and safety as well as the general welfare of the population that will be served when there is a need for a temporary manager appointment. It is the intent of CDSS to pro- mulgate these emergency regulations to ensure the needs and services of the client population served by adult community care facilities and Residential Care Facilities for the Elderly are met.

The Department considered other possible related regulations in this area, and we find that these are the only regulations dealing in this subject area (Licensing of temporary managers for adult community care facili-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1490 ties and Residential Care Facilities for the Elderly), and therefore, the Department finds that these proposed reg- ulations are compatible and consistent with the intent of the Legislature in adopting SB 855,

Section 11 (Health and Safety Code

section 1546.1) and

Section 24 (Health and Safety Code

section 1569.481), as well as with ex- isting state regulations. The following forms are incorporated by reference: LIC 200TM (6/18) LIC 215TM (6/18) LIC 216TM (6/18) COST ESTIMATE 1. Costs or Savings to State Agencies: Since 2013, the CDSS has executed two contracts for temporary managers and anticipates this trend to continue. Therefore, the fiscal impact of this regulation is expected to be minimal and absorbable within the existing budget. 2. Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance With Government Code Sections 17500−17630: None. 3.

Nondiscretionary Costs or Savings to Local Agencies: None. 4. Federal Funding to State Agencies: None. LOCAL MANDATE STATEMENT These regulations do not impose a mandate on local agencies. There are no state−mandated local costs in this order that require reimbursement under the laws of California. Implementation of the regulations only im- pact adult residential community care facilities or Resi- dential Care Facilities for the Elderly with the applica- ble circumstances in Health and Safety Code

section 1546.1(

c) or 1569.481(c). STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The CDSS has made an initial determination that the proposed regulations 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. This de- termination was made based on the proposed regulatory action, which was designed to impact only the facilities in which the applicable circumstances in Health and Safety Code

section 1546.1(

c) or 1569.481(

c) exist. These regulations do not compel other licensees to take any action. The facilities of other licensees will not be eliminated or expanded, and new facilities will not be created. STATEMENT OF POTENTIAL COST IMPACT ON PRIV ATE PERSONS OR BUSINESSES The CDSS is not aware of any cost impacts that a rep- resentative private person or business would incur in reasonable compliance with the proposed action. SMALL BUSINESS IMPACT STATEMENT The CDSS has determined there is no impact on small businesses as a result of filing these regulations.

These regulations only impact individuals and entities that make the business decision to pursue the role of a Temporary Manager. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT No economic impact is anticipated for the CDSS or for adult community care facilities and Residential Care Facilities for the Elderly licensees by this regulatory ac- tivity as determined by the economic impact assess- ment.

The adoption of the proposed amendments will neither create nor eliminate jobs in the State of Califor- nia nor result in the elimination of existing businesses or create or expand businesses in the State of California. This regulatory action will help support the health and safety of residents in adult residential community care facilities and Residential Care Facilities for the Elderly and will help facilitate the appointment of a temporary manager. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, CDSS did not consider any other alternatives because the Legislature, through the above−mentioned bill, mandates the De- partment’s oversight of temporary managers and no al- ternatives were proposed.

The CDSS must determine that no reasonable alter- native considered or that has otherwise been identified and brought to the attention of CDSS would be more ef- fective in carrying out the purpose for which the regula- tions are proposed or would be as effective as and less burdensome to affected private persons than the pro- posed action or would be more cost−effective to

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1491 affected private persons and equally effective in imple- menting the statutory policy or other provision of law. AUTHORITY AND REFERENCE CITATIONS The CDSS adopts these regulations under the author- ity granted in Sections 1530, 1546.1, 1569.30 and 1569.481, Health and Safety Code. Subject regulations implement and make specific Sections 1546.1, 1550, 1550.5, 1556, 1569.19, 1569.481, 1569.482, 1569.50, 1569.525 and 1569.682, Health and Safety Code.

CDSS REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Everardo Vaca (916) 657−2586 Backup: Sylvester Okeke (916) 657−2586 EMERGENCY STATEMENT These regulations are to be adopted on an emergency basis. In order to allow interested persons an opportuni- ty to submit statements or arguments concerning these regulations, they will be considered at public hearing in accordance with Government Code

section 11346.4. TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS AND DSA–SS/CC) REGARDING THE 2019 CALIFORNIA ADMINISTRATIVE CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 1 (DSA−SS/CC 01/18) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Divi- sion of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 1. The DSA is proposing building standards related to the administrative regulations for the structural design of public elementary and sec- ondary schools and community colleges. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from September 14, until 5:00 p.m. on October 29, 2018. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1492 AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by by Health and Safety Code (H&SC) Sections 18930, 18944 and 18949.1. The purpose of these building standards is to implement, interpret, or make specific the provisions of Health & Safety Code Sections 16000−16023, and Edu- cation Code (EC) Sections 17280−17317, 81130−81147 and 81052−81053. The DSA is proposing this regulatory action based on H&SC

Section 16022, and EC Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws

Section 16022 of the H&SC authorizes the State Ar- chitect to establish building standards for state−owned and state−leased essential services buildings. Sections 17310 and 81142 of the EC authorize the State Architect to establish building standards for pub- lic elementary and secondary schools, and community colleges. Sections 81052 and 81053 of the EC authorize the State Architect to establish building standards which a community college may elect to use in lieu of those standards promulgated in accordance with

Section

Section 18929 of the H&SC requires the DSA to for- ward administrative regulations implementing or en- forcing building standards to the Building Standards Commission.

Section 18930 of the H&SC requires that any build- ing standard proposed or adopted by state agencies be submitted to and approved or adopted by the Building Standards Commission, prior to codification.

Summary of Existing Regulations Existing administrative standards and requirements for building design and construction of state−owned or state−leased essential services buildings, public ele- mentary and secondary schools, and community col- leges are contained in Title 24,

Part 1.

Summary of Effect The proposed action would carry forward, make clar- ifications and editorial changes to existing provisions within Title 24,

Part 1. The significant effects of the reg- ulation changes include the following: • Alignment with the 2017 Budget Bill, which was effective June 27, 2017, resulting in fee

schedule increases affecting public school construction projects. • Increases in candidates for DSA certified project inspectors due to modifications to the eligibility criteria. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain administrative regulations in conformance with current state law and other Parts of Title 24 as well as in- creasing the number of DSA certified project inspectors.

Evaluation of Consistency There are no inconsistent or incompatible regulations being proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion would not impose a mandate on local agencies or school districts. The proposed regulations incorporate that DSA may charge fees to recover costs for specific services as currently allowed in the EC. These fees for services do not mandate a new program or a higher level of service as defined in the California Constitution, Ar- ticle XIII B and regulated in the California Government Code,

Part 7 commencing with

Section 17500 of Divi- sion 4. The proposed regulations do increase fees DSA may charge to recover costs for services as allowed in the EC; however, this increase provides alignment with the 2017 Budget Bill, which was effective June 27, 2017. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1493 A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: YES. E. Cost or savings in federal funding to the state: NO. Estimate: $27 million per year total for school and community college districts and $9,948 per year for state schools. Refer to the Economic and Fiscal Impact Statement (Form 399) for additional information. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion/amendment/repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California business- es to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. Through economic assessment of the proposed regu- lations, the DSA determined no significant, adverse economic impact will directly affect businesses in the manner described by GC

Section 11346.5 subdivision (a)(8). No other record of facts, evidence, testimony, or other evidence has been relied upon by the Division of the State Architect to support the initial determination of no effect. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. The proposed regulatory action does not require a re- port by any business or agency, so the Division of the State Architect has not made a finding of necessity for the public’s health, safety or welfare. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The DSA has assessed whether or not and to what ex- tent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. The DSA has determined that this proposed action has no effect. B. The creation of new businesses or the elimination of existing businesses within the State of California. The DSA has determined that this proposed action has no effect. C. The expansion of businesses currently doing business within the State of California. The DSA has determined that this proposed action has no effect.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1494 D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The DSA has determined the health and welfare of California residents, public school children in particular, benefit from the proposed regulations as evidenced from past administration of similar administrative regulations. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). The DSA has determined that this proposed action has no effect on housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by DSA or that has otherwise been identi- fied and brought to the attention of DSA would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Michael Nearman, Deputy Executive Director California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Phone: (916) 263−0916 Michael.Nearman@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett Principal Structural Engineer Division of the State Architect 916−322−4699 jim.hackett@dgs.ca.gov Ryan P. Huxley Supervising Structural Engineer Division of the State Architect 916−323−9877 ryan.huxley@dgs.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1495 TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS AND DSA–SS/CC) REGARDING THE 2019 CALIFORNIA BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 2 (DSA−SS/CC 02/18) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 2. The DSA is proposing building standards related to the structural design of public ele- mentary and secondary schools, community colleges, and state−owned or state−leased essential services buildings. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from September 14, until 5:00 p.m. on October 29, 2018. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be faxed to (916) 263−0959 or E−mailed to CBSC@dgs.ca.gov. Any interested person or his or her duly authorized representative may request, no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the California Building Standards Com- mission to be scheduled at a date near the end of the cur- rent adoption cycle. A meeting notice will be issued an- nouncing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code

Section 18930 and 18949.1. The purpose of these building standards is to implement, interpret, and make specific the provisions of Health & Safety Code Sec- tions 16000−16023, and Education Code Sections 17280−17317, 81130−81147 and 81052−81053. The Division of the State Architect is proposing this regulatory action based on Health & Safety Code Sec- tion 16022, and Education Code Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3). An informative digest drafted in plain English in a format similar to the Legislative Counsel’s Digest shall include the following:

Summary of Existing Laws

Section 16022 of the Health & Safety Code autho- rizes the State Architect to establish building standards for state−owned and state−leased essential services buildings. Sections 17310 and 81142 of the Education Code au- thorize the State Architect to establish building stan-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1496 dards for public elementary and secondary schools, and community colleges. Sections 81052 and 81053 of authorize the State Ar- chitect to establish building standards which a commu- nity college may elect to use in lieu of those standards promulgated in accordance with Education Code

Sec. 81142.

Summary of Existing Regulations Existing building standards which prescribe the re- quirements for building design and construction of state−owned or state−leased essential services build- ings, public elementary and secondary schools, and community colleges are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 2, and are based on provisions within the adopted model building code.

Summary of Effect The proposed action would adopt Title 24,

Part 2, by adopting the most recent edition of the selected model building code (International Building Code, 2018 edi- tion). In addition to editorial updates, the proposed ac- tion will: • Integrate currently adopted structural safety amendments into the updated Title 24,

Part 2. • Repeal currently adopted amendments deemed to be sufficiently addressed by the adopted model building code. • Make editorial changes to currently adopted amendments to improve clarity or intent. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting the most current edition of the model building code and nationally−recognized struc- tural design standards.

Evaluation of consistency There are no inconsistent or incompatible regulations being proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion would not impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. Provide a copy of the “Economic and Fiscal Impact Statement” (Form 399). A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: N/A INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion of this regulation will not have a significant statewide adverse economic impact on businesses, in- cluding the ability of California businesses to compete with business in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. Through economic assessment of the proposed regu- lations, the DSA determined no significant, adverse

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1497 economic impact will directly affect businesses in the manner described by GC

Section 11346.5 subdivision (a)(8). No facts, evidence, documents, testimony or other evidence has been relied upon to support the ini- tial determination of no effect. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. The proposed regulatory action does not require a re- port by any business or agency, so the Division of the State Architect has not made a finding of necessity for public’s health, safety or welfare. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The Division of the State Architect has assessed whether or not and to what extent this proposal will af- fect the following: A. The creation or elimination of jobs within the State of California. The Division of the State Architect has determined that this proposed action has no effect. B. The creation of new businesses or the elimination of existing businesses within the State of California. The Division of the State Architect has determined that this proposed action has no effect. C. The expansion of businesses currently doing business within the State of California.

The Division of the State Architect has determined that this proposed action has no effect. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The Division of the State Architect has determined that proposed regulatory action would have no adverse effect on the health and welfare of California residents, worker safety, and the state’s environment. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). The Division of the State Architect has determined that this proposed action has no effect on housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by the state agency, or that has otherwise been identified and brought to the attention of the agen- cy, would be more effective in carrying out the purpose for which the action is proposed; or would be as effec- tive and less burdensome to affected private persons than the proposed action; or would be more cost effec- tive to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20). All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1498 effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Gary Fabian, Associate Architect California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Phone: (916) 263−0916 Gary.Fabian@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett, Principal Structural Engineer Division of the State Architect Ph. 916−322−4699 jim.hackett@dgs.ca.gov Diane C. Gould, Supervising Structural Engineer Division of the State Architect Ph. 916−324−6959 diane.gould@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS AND DSA−SS/CC) REGARDING THE 2019 CALIFORNIA ELECTRICAL CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 3 (DSA−SS 01/17) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 3. DSA is proposing building stan- dards related to the 2019 California Electrical Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from September 14, until 5:00 p.m. on October 29, 2018. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1499 POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC) Sections 18930 and 18949.1. The purpose of these building standards is to implement, interpret, or make specific the provisions of HSC Sections 16000−16023, and Education Code (EDC) Sections 17280−17317, 81130−81147, and 81052−81053. The Division of the State Architect is proposing this regulatory action based on HSC

Section 16022 and EDC Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws HSC

Section 16022 authorizes DSA to establish building standards for state−owned and state−leased es- sential services buildings. EDC Sections 17310 and 81142 authorize DSA to es- tablish building standards for public elementary and secondary schools, and community colleges. EDC Sections 81052 and 81053 authorize DSA to es- tablish building standards which a community college may elect to use in lieu of those standards promulgated in accordance with EDC

Section 81142. HSC

Section 18930 requires that any building stan- dard proposed or adopted by state agencies be submit- ted to and approved or adopted by the Building Stan- dards Commission, prior to codification. HSC

Section 18938 requires the filing of standards with the Secretary of State by CBSC only after they have been approved by the commissioners. It requires that the administrative regulations become effective 30 days after filing with the Secretary of State, and that they be published in Title 24.

Summary of Existing Regulations Existing building standards which prescribe the elec- trical design and construction of public elementary and secondary schools, community colleges and state− owned or state−leased essential services buildings, are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 3, Cali- fornia Electrical Code.

Summary of Effect The proposed action would update Title 24,

Part 3, by repealing the adoption of the 2014 edition National Electrical Code and adopting the most recent edition of the selected model electrical code (National Electrical Code, 2017 edition). The proposed action will also inte- grate currently adopted electrical safety amendments into the updated Title 24,

Part 3 and make editorial changes to currently adopted amendments to improve clarity or intent. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting the current edition of the model electrical code and nationally−recognized electrical de- sign standards. Evaluation of Consistency There are no inconsistent or incompatible regulations being proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6).

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1500 An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: None. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion/amendment/repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California business- es to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. No facts, evidence, documents, testimony or other evidence has been relied upon by the Division of the State Architect to support the initial determination of no effect. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. N/A COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The Division of the State Architect has assessed whether or not and to what extent this proposal will af- fect the following: A. The creation or elimination of jobs within the State of California. DSA has determined that this proposed action has no effect. B. The creation of new businesses or the elimination of existing businesses within the State of California. DSA has determined that this proposed action has no effect. C. The expansion of businesses currently doing business within the State of California. DSA has determined that this proposed action has no effect. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. DSA has determined that proposed regulatory action would have no adverse effect on the health and welfare of California residents, worker safety, and the state’s environment. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined that this proposed action has no effect on housing.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1501 CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by DSA or that has otherwise been identi- fied and brought to the attention of DSA would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Enrique Rodriguez, Associate Construction Analyst California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Phone: (916) 263−0916 Enrique.Rodriguez@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to: James P.

Hackett, Principal Structural Engineer Department of General Services Division of the State Architect (916) 322−4699 jim.hackett@dgs.ca.gov James Gibbons, Construction Supervisor II Department of General Services Division of the State Architect (916) 322−2250 james.gibbons@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS AND DSA−SS/CC) REGARDING THE 2019 CALIFORNIA MECHANICAL CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 4 (DSA−SS 03/18) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1502 dards contained in the California Code of Regulations (CCR), Title 24,

Part 4. DSA is proposing building stan- dards related to the 2019 California Mechanical Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from September 14, until 5:00 p.m. on October 29, 2018. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC) Sections 18930 and 18949.1. The purpose of these building standards is to implement, interpret, or make specific the provisions of HSC Sections 16000−16023, and Education Code (EDC) Sections 17280−17317, 81130−81147, and 81052−81053. The Division of the State Architect is proposing this regulatory action based on HSC

Section 16022 and EDC Sections 17310, 81142, and 81053. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws EDC Sections 17310 and 81142 authorize DSA to es- tablish building standards for public elementary and secondary schools, and community colleges. EDC Sections 81052 and 81053 authorize DSA to es- tablish building standards which a community college may elect to use in lieu of those standards promulgated in accordance with EDC

Section 81142. HSC

Section 16022 authorizes DSA to establish building standards for state−owned and state−leased es- sential services buildings. HSC

Section 18930 requires that any building stan- dard proposed or adopted by state agencies be submit- ted to and approved or adopted by the Building Stan- dards Commission, prior to codification. HSC

Section 18938 requires the filing of standards with the Secretary of State by CBSC only after they have been approved by the commissioners. It requires that the administrative regulations become effective 30 days after filing with the Secretary of State, and that they be published in Title 24.

Summary of Existing Regulations Existing building standards which prescribe the me- chanical design and construction of public elementary and secondary schools, community colleges and state− owned or state−leased essential services buildings, are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 4, Cali- fornia Mechanical Code.

Summary of Effect The proposed action would update Title 24,

Part 4, by repealing the adoption of the 2015 edition Uniform Me- chanical Code and adopting the most recent edition of the selected model mechanical code (Uniform Mechan- ical Code, 2018 edition). The proposed action will also integrate currently adopted mechanical safety amend- ments into the updated Title 24,

Part 4, make editorial changes to currently adopted amendments to improve clarity or intent, and update the MERV air filter require- ments to align with the 2019 California Green Code (CalGreen) and the 2019 California Energy Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1503 Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting the current edition of the model mechanical code and nationally−recognized mechani- cal design standards. Evaluation of Consistency There are no inconsistent or incompatible regulations being proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: YES. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: The effect on local government (K−12 school and community college districts) will be an increase in air filter/grill costs of $138,070 for new construction and $12,234 for modernization. The effect on state government will be $138,070 for new construction, $18,352 for modernization and $688 for essential services buildings. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion/amendment/repeal of this regulation will not have a significant statewide adverse economic impact on businesses, including the ability of California business- es to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relies upon to support its initial determination of no effect. DSA has used cost information provided by the Cali- fornia Energy Commission in determining the fiscal impact to state and local governments. No other facts, evidence, documents or testimony has been relied upon by the Division of the State Architect to support the ini- tial determination of no effect. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY , OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. N/A COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative private person or business would necessarily incur in reason- able compliance with the proposed action. If no cost im- pact, provide the following statement: DSA is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1504 ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The Division of the State Architect has assessed whether or not and to what extent this proposal will af- fect the following: A. The creation or elimination of jobs within the State of California. DSA has determined that this proposed action has no effect. B. The creation of new businesses or the elimination of existing businesses within the State of California. DSA has determined that this proposed action has no effect. C. The expansion of businesses currently doing business within the State of California. DSA has determined that this proposed action has no effect. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. DSA has determined that proposed regulatory action would have a positive effect on the health and welfare of California residents, worker safety, and the state’s environment by ensuring cleaner air inhabitable environments. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined that this proposed action has no effect on housing under DSA’s authority, which covers public schools, community colleges and essential services buildings. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA has determined that no reasonable alternative considered by DSA or that has otherwise been identi- fied and brought to the attention of DSA would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law. A V AILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All of the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(19). Interested parties may obtain a copy of the final state- ment of reasons, once it has been prepared, by making a written request to the contact person named below or at the CBSC website: www.bsc.ca.gov. Reference: Government Code

Section 11346.5(a)(21). DSA shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accommo- date a person with a visual or other disability for which effective communication is required under state or fed- eral law and that providing the description of proposed changes may require extending the period of public comment for the proposed action. CBSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and adminis- trative issues should be addressed to: Enrique Rodriguez, Associate Construction Analyst California Building Standards Commission 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Phone: (916) 263−0916 Enrique.Rodriguez@dgs.ca.gov PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE AND/OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive and/or technical aspects of the proposed changes to the build- ing standards should be addressed to:

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1505 James P . Hackett, Principal Structural Engineer Department of General Services Division of the State Architect (916) 322−4699 jim.hackett@dgs.ca.gov James Gibbons, Construction Supervisor II Department of General Services Division of the State Architect (916) 322−2250 james.gibbons@dgs.ca.gov TITLE 24. BUILDING STANDARDS COMMISSION NOTICE OF PROPOSED ACTION TO BUILDING STANDARDS OF THE DIVISION OF THE STATE ARCHITECT — STRUCTURAL SAFETY (DSA−SS AND DSA−SS/CC) REGARDING THE 2019 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (DSA−SS/CC 04/18) Note to agencies: The laws associated with the in- structions in this form are found primarily in Govern- ment Code

Section 11346.5 et sequentes. For clarity during the administrative review process, do not re- move the headings or statutory references to applicable sections being completed. Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Division of the State Architect (DSA) proposes to adopt, ap- prove, codify, and publish changes to building stan- dards contained in the California Code of Regulations (CCR), Title 24,

Part 5. DSA is proposing building stan- dards related to the 2019 California Plumbing Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from September 14, until 5:00 p.m. on October 29, 2018. Please address your comments to: California Building Standards Commission Attention: Mia Marvelli, Executive Director 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Written comments may also be emailed to CBSC@dgs.ca.gov. Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a public hearing be held.

The public will have an opportunity to provide both written and/or oral comments regarding the proposed action on building standards at a public meeting to be conducted by the CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST−HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and no- tice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicat- ed, will be made available to the public for at least 15 days prior to the date on which the CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15−day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be no- tified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). The CBSC proposes to adopt these building stan- dards under the authority granted by Health and Safety Code (HSC) Sections 18930, 18934.5, 18938, 18944 and 18949.1 and Education Code (EDC) Sections 17280−17317, 81130−81147, 81052 and 81053. The purpose of these building standards is to implement, in- terpret, or make specific the provisions of those same sections. The Division of the State Architect is proposing this regulatory action based on HSC

Section 16022 and EDC Sections 17310, 81142, and 81053.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1506 INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws EDC Sections 17310 and 81142 authorize DSA to es- tablish building standards for public elementary and secondary schools, and community colleges. EDC Sections 81052 and 81053 authorize DSA to es- tablish building standards which a community college may elect to use in lieu of those standards promulgated in accordance with EDC

Section 81142. HSC

Section 16022 authorizes DSA to establish building standards for state−owned and state−leased es- sential services buildings. HSC

Section 18930 requires that any building stan- dard proposed or adopted by state agencies be submit- ted to and approved or adopted by the Building Stan- dards Commission, prior to codification. HSC

Section 18938 requires the filing of standards with the Secretary of State by CBSC only after they have been approved by the commissioners. It requires that the administrative regulations become effective 30 days after filing with the Secretary of State, and that they be published in Title 24.

Summary of Existing Regulations Existing building standards which prescribe the plumbing system design and construction of public ele- mentary and secondary schools, community colleges and state−owned or state−leased essential services buildings, are promulgated by the Division of the State Architect. These regulations are contained in Title 24,

Part 5, California Plumbing Code.

Summary of Effect The proposed action would update Title 24,

Part 5, by repealing the adoption of the 2015 edition Uniform Plumbing Code and adopting the most recent edition of the selected model plumbing code (Uniform Plumbing Code, 2018 edition). The proposed action will also inte- grate currently adopted plumbing safety amendments into the updated Title 24,

Part 5, make editorial changes to currently adopted amendments to improve clarity or intent. Comparable Federal Statute or Regulations There are no comparable federal regulations or statutes. Policy Statement Overview The broad objective of the proposed action is to main- tain building regulations in conformance with current state law by adopting the current edition of the model plumbing code and nationally−recognized plumbing design standards. Evaluation of Consistency There are no inconsistent or incompatible regulations being proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap- plicable to the Division of the State Architect, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory ac- tion WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or sav- ings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. C. Cost to any school district required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO. E. Cost or savings in federal funding to the state: NO. Estimate: None. INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that the adop- tion/amendment/repeal of this regulation will not have

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 37-Z 1507 a significant statewide adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states. DECLARATION OF EVIDENCE Reference: Government Code