REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 18−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 3, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA STATE AUDITOR’S OFFICE Alternative Whistleblower System — Notice File No. Z2019−0423−02 .................................... 685 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Construction Safety Orders 1618.1 and 1618.4 Cranes and Derricks in Construction: Operator Qualification — Notice File No. Z2019−0422−02 ....................... 688 TITLE 10.

CALIFORNIA HEALTH BENEFIT EXCHANGE Identity Verification Requirement — Notice File No. Z2019−0423−03 ..................................... 692 RULEMAKING PETITION DECISIONS CALIFORNIA ENERGY COMMISSION Notice of Decision on Petition from Atlas Copco North America and Quincy Compressors Concerning Efficiency Standards and Reporting Requirements for Commercial and Industrial Air Compressors .......................................... 695 DEPARTMENT OF INSURANCE Notice of Decision on Petition from Multiple Organizations Concerning Rulemaking of Consumer Watchdog, et al.

Regarding Climate Change .................................... 697 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Notice of Decision on Petition from Robert Budway Concerning Beverage Container Recycling Program .................................................. 699 OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION 2019 OAL DETERMINATION NO. 2(S) —

SUMMARY DISPOSITION Memorandum dated February 1, 2019, Incentive Modification to Split Tier Programming .................... 700

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 701 Sections Filed, November 21, 2018 to April 24, 2019 ................................................. 704 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 685 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

CALIFORNIA STATE AUDITOR’S OFFICE TITLE 2, DIVISION 10: CALIFORNIA CODE OF REGULATIONS ADOPT SECTIONS 61300 TO 61320, INCLUSIVE, REGARDING THE ALTERNATIVE WHISTLEBLOWER SYSTEM NATURE OF PROCEEDING NOTICE IS HEREBY GIVEN that the California State Auditor (State Auditor or the State Auditor’s Of- fice, as appropriate) is proposing to adopt the following sections in title 2, division 10 of the California Code of Regulations: 61300 to 61320, inclusive. PUBLIC HEARING The State Auditor has not scheduled a public hearing on this proposed rulemaking.

However, the State Audi- tor will hold a public hearing if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the State Audi- tor’s Office no later than 15 days before the close of the written comment period. To request a hearing, send a letter or email to the contact person named below.

WRITTEN COMMENT PERIOD Any interested person, or his or her duly authorized representative, may submit written comments relevant to the proposed regulations to: Brianna Behnoud California State Auditor’s Office Office of Legal Services 621 Capitol Mall, Suite 1200 Sacramento, CA 95814 Email: regulations@auditor.ca.gov The written comment period closes at 5:00 p.m. on June 17, 2019. The State Auditor will only consider comments received by the State Auditor’s Office by that time. Following the written comment period, the State Au- ditor may adopt the proposed regulations substantially as described in this notice.

If modifications are made that are sufficiently related to the originally proposed text, the full modified text with changes clearly indicat- ed shall be made available to the public for at least 15 days prior to the date on which the State Auditor adopts the resulting regulations. A request for copies of any modified regulations should be made to the contact per- son named above. The State Auditor will accept written comments on any modified regulations for 15 days after the date on which they are first made available to the public.

AUTHORITY AND REFERENCE Pursuant to the authority vested in it by the Govern- ment Code

section 8546, and to implement, interpret, and make more specific Government Code

section 8547.5, subdivisions (

c) and (d), the State Auditor’s Of- fice proposes to adopt the regulations identified under the heading Nature of Proceeding above. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Informative Digest Government Code

section 8547.5, subdivisions (

c) and (

d) as added by Assembly Bill No. 31, Statutes of 2017,

Chapter 605, contain provisions that do the following:  Require the State Auditor to create an alternative whistleblower system for submission to an independent investigator of allegations of improper governmental activities engaged or participated in by employees of the State Auditor’s Office.  Require the alternative whistleblower system to promptly and directly deliver all submissions to the Employment and Administrative Mandate

Section of the Department of Justice without prior review by the State Auditor.  Require the Employment and Administrative Mandate

Section of the Department of Justice to review submissions, determine whether they constitute an allegation of improper governmental activity and, if so, transmit them to an independent investigator for further action.  Require the independent investigator to conduct investigations in a manner consistent with the California Whistleblower Protection Act (“Act”) [as set forth in

Article 3 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 686 Government Code

section 8547) of

Chapter 6.5 of Division 1 of Title 2 of the Government Code] as it pertains to other state civil service employees.  Require the investigator to prepare a confidential report and send a copy of the report and all evidence to officials at the State Auditor’s Office if the independent investigator concludes that an employee engaged in or participated in an improper governmental activity.  Require the State Auditor to either serve a notice of adverse action upon the subject employee or provide written reasons for not doing so to the independent investigator within 60 days of receiving the independent investigator’s report.  Authorize the independent investigator to report to certain authorities outside the State Auditor’s Office if the independent investigator determines such action to be appropriate.

Government Code

section 8546.1, subdivision (c), and

section 8546.4, subdivision (a), require the State Auditor to conduct all financial and performance audits pursuant to the Government Auditing Standards pub- lished by the Comptroller General of the United States (“auditing standards”). These auditing standards re- quire the State Auditor’s Office and the individual audi- tors to be independent in all matters relating to audit work. To ensure that the State Auditor’s Office main- tains the independence necessary under audit standards, Government Code

section 8543, subdivision (a), de- clares that the State Auditor’s Office shall be indepen- dent of the executive branch and legislative control in order to be free of organizational impairments to inde- pendence. Government Code

section 8546 states that it is the Legislature’s intent that the State Auditor’s Office be free from influence of existing state control agencies that could be the subject of audits conducted by the State Auditor’s Office. The Act requires that the State Auditor investigate and report on improper governmental activities by other state agencies or their employees. Government Code sections 8545 and 8545.1 prohibit the State Auditor and her employees from disclosing to the public any record or substantive information about a pending audit. Government Code

section 8545.1, subdivision (

c) makes such a disclosure a misdemeanor. Government Code

section 8547.5, subdivision (b), prohibits disclosure of the identity of a person who pro- vides information that initiates an investigation, or of any person who provides information in confidence to further an investigation, without the express permission of the person. Government Code

section 8547.7, subdi- vision (c), requires the State Auditor to keep confiden- tial every investigation, including, but not limited to, all investigative files and work product. Policy Statement Overview and Benefits of the Proposed Rulemaking This proposed rulemaking gives structure to the alter- native whistleblower system required by Government Code

section 8547.5, subdivisions (

c) and (d). It also defines and clarifies a number of the terms set forth in Government Code

section 8547.5, subdivisions (

c) and (

d) that pertain to the alternative whistleblower system. This proposed rulemaking harmonizes the alternative whistleblower system with the State Auditor’s statutory duties regarding independence, confidentiality, and the State Auditor’s duty to comply with auditing standards. This proposed rulemaking also ensures that investiga- tions conducted under the alternative whistleblower system are consistent with investigations conducted by the State Auditor under the Act.

Determination of Inconsistency/Incompatibility with Existing Law No state agency has issued any regulations relating to the alternative whistleblower system. As such, there are no inconsistencies or incompatibilities with existing state regulations. There is no applicable federal regula- tion or statute that pertains to the alternative whistleblower system. LOCAL MANDATE This proposed rulemaking does not impose a man- date on local agencies or school districts.

FISCAL IMPACT ESTIMATES This proposed rulemaking does not impose costs on any local agency or school district for which reimburse- ment would be required pursuant to

part 7 (commenc- ing with § 17500) of division 4 of title 2 of the Govern- ment Code. This proposed rulemaking does not impose other nondiscretionary costs or savings on local agen- cies. This proposed rulemaking does not result in any costs or savings in federal funding to the Stat EFFECT ON HOUSING COSTS This proposed rulemaking will not affect housing costs. COST OR SA VINGS TO STATE AGENCIES This proposed rulemaking will not produce addition- al costs or savings to state agencies.

This proposed rule- making modifies how allegations of improper govern- mental activities engaged in by employees of the State Auditor’s Office are investigated, but does not shift the fiscal responsibilities associated with such investiga-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 687 tions away from the State Auditor’s Office. Thus, the State Auditor’s Office currently incurs and will contin- ue to incur the costs associated with the alternative whistleblower system within its existing budget. Pur- suant to Government Code

section 8547.5, subdivision (c)(4), the State Auditor’s Office will reimburse the California Department of Justice for its costs as part of its limited role with respect to the alternative whistleblower system. No other state agencies are af- fected by this rulemaking. ECONOMIC IMPACT AFFECTING BUSINESS The State Auditor has made an initial determination that this proposed rulemaking would have no signifi- cant statewide adverse economic impact directly affect- ing businesses, including the ability of California busi- nesses to compete with businesses in other states. The proposed rulemaking does not affect small businesses as defined by Government Code

section 11342.610. ECONOMIC IMPACT ASSESSMENT The State Auditor has made an initial determination that this proposed rulemaking will not have any impact on the creation of jobs or new businesses, the elimina- tion of jobs or existing businesses, the expansion of businesses in the State of California, or the health and welfare of California residents, worker safety, or the state’s environment.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The State Auditor is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed rulemaking. BUSINESS REPORT This proposed rulemaking requires that an investiga- tor hired to conduct an investigation of an alleged im- proper governmental activity prepare a confidential re- port and send a copy of the report to certain parties de- pending on the circumstances. It does not require inves- tigators to prepare reports pertaining to their business- es.

Thus, the report requirement does not apply to businesses. IMPACT ON SMALL BUSINESS Based on the limited scope of these regulations, the State Auditor determined that none of the proposed reg- ulations has a significant adverse economic impact on business. The determination that this proposed rule- making would not affect small business is based upon the fact that the proposed regulations implement provi- sions of Government Code

section 8547.5, subdivi- sions (

c) and (d), that addresses the issue of an alterna- tive whistleblower system for submission of allegations of improper governmental activities by employees of the State Auditor’s Office. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS From March 2018 to April 2019, the State Auditor engaged in pre−rulemaking discussions via telephone and email with the California Department of Justice.

ALTERNATIVES CONSIDERED The State Auditor has determined that no reasonable alternative considered by the State Auditor or that has otherwise been identified and brought to the attention of the State Auditor would be more effective in carrying out the purpose for which the rulemaking is proposed, would be as effective and less burdensome to affected private persons than the proposed rulemaking, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

The State Auditor invites interested persons to present statements or arguments with respect to alterna- tives to the proposed regulations during the written comment period. CONTACT PERSON Inquiries relating to this proposed rulemaking and written comments may be directed to: Brianna Behnoud California State Auditor’s Office Office of Legal Services 621 Capitol Mall, Suite 1200 Sacramento, CA 95814 Telephone: (916) 445−0255 Fax: (916) 323−0913 Email: regulations@auditor.ca.gov The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 688 Heather Kendrick California State Auditor’s Office Office of Legal Services 621 Capitol Mall, Suite 1200 Sacramento, CA 95814 Telephone: (916) 445−0255 Fax: (916) 323−0913 Email: regulations@auditor.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND INFORMATION The State Auditor has prepared an initial statement of reasons for the proposed rulemaking and has available all the information upon which the proposed rulemak- ing is based, including the express terms.

The rulemak- ing file is available for public inspection by making a re- quest to the contact person listed above. TEXT OF PROPOSED RULEMAKING Copies of exact language of the proposed regulations may be obtained by making a request to the contact per- son listed above. These proposed regulations may also be viewed and downloaded from the State Auditor’s website at www.auditor.ca.gov. If there are substantial changes to the originally pro- posed regulations, these change(

s) will be available for public inspection 15 days prior to adoption by the State Auditor. You will be able to obtain a copy of the change(

s) by making a written request to the contact person listed above. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE The express terms, the final statement of reasons, and all the information upon which the proposed regula- tions are based will be contained in the final rulemaking file located at 621 Capitol Mall, Suite 1200, Sacramen- to, California 95814. The final rulemaking file will be available for public inspection by making a request to the contact person listed above.

You may obtain a copy of the final statement of reasons once it has been pre- pared by making a written request to the contact person listed above. WEBSITE ACCESS Materials regarding this proposed rulemaking can be found atwww.auditor.ca.gov. TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Title 8, Subchapter 4, Construction Safety Orders

Article 15. Cranes and Derricks in Construction Sections 1618.1 and 1618.4 Cranes and Derricks in Construction: Operator Qualification [HORCHER] NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on June 20, 2019 in the Council Chambers of the Pasadena City Hall, 100 North Garfield Avenue, Pasadena, California .

At this public hearing, any per- son may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be sub- mitted to the Board’s office. The written comment peri- od commences on May 3, 2019 and closes at 5:00 p.m. on June 20, 2019. Comments received after that dead- line will not be considered by the Board unless the Board announces an extension of time in which to sub- mit written comments.

Written comments can be sub- mitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional safety and health standards that are at least as ef- fective as federal occupational safety and health standards.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 689 INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW The Occupational Safety and Health Standards Board (Board) intends to adopt the proposed rulemak- ing action pursuant to Labor Code

Section 142.3, which mandates the Board to adopt regulations at least as ef- fective as federal regulations addressing occupational safety and health issues. The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) promulgated regu- lations addressing Qualifications for Operators of Cranes and Derricks in Construction on November 9, 2018, as 29 Code of Federal Regulations (CFR),

Part 1926, Subpart CC, Sections 1926.1427 and 1926.1430(c). The Board is relying on the explanation of the provisions of the federal regulations in Federal Register, V olume 83, No. 218, pages 56198−56247, November 9, 2018, as the justification for the Board’s proposed rulemaking action. The Board proposes to adopt regulations which are the same as the federal reg- ulations except for editorial and format differences.

Section 1618.1, Operator training, certification and evaluation. This section, formerly titled “Operator Qualification and Certification” has been retitled for consistency with the federal title and with federal modifications to 29 CFR 1926.1427. Subsection 1618.1(a), General requirements for operators. This subsection, formerly titled “Qualifications and Certification” has been retitled and modified based on 29 CFR 1926.1427(

a) and (a)(1) to include a new feder- al requirement for evaluation of trainees and operators prior to operating any equipment covered by

Article 15. Existing state requirements for training are also clari- fied by adding the term “operator−in−training” to as- sure consistency with federal standards. Subsections 1618.1(a)(1)−(a)(3). Cross−references have been modified as needed due to relocation of some requirements in the standard. Sub-

section (a)(3) also introduces the term “licensure” since operators employed by non−military government enti- ties who only operate equipment within that entity may be licensed by that entity, in accordance with specified criteria, in lieu of being certified by an accredited crane operator certifying entity. The July 7, 2011 effective date for the employer to provide qualification or certifi- cation at no cost to operators in their employ on that date has been deleted as it has become moot in the years since adoption. Subsection 1618.1(b), Operator training. This subsection, relocated from existing subsection (

d) supplements existing state verbiage with federal verbiage clarifying that training shall include both for- mal and practical elements. The existing subsection (d)(1) requirement for continuous monitoring is now covered in new subsection (b)(2). Subsection 1618.1(b)(1), Operator training — instruction. This new subsection incorporates federal verbiage requiring the employer to train the operator−in−training on the knowledge and skills listed in subsection (g), cer- tification criteria. Subsection 1618.1(b)(2)−(3), Operator training — monitoring and assignment of work during training.

For the purposes of equivalency, these two subsec- tions adopt federal verbiage that substantially contain the same requirements that are in existing subsections (d)(1), (d)(2) and (d)(3)(C). Subsection 1618.1(b)(4), Monitoring of operators−in−training. This subsection prescribes that the employer is to en- sure that an employee who is not qualified or certified under this

section is permitted to operate equipment on- ly as an operator−in−training and only when monitored/ supervised by a qualified trainer. Most of these require- ments are brought forward from subsection (d). Subsec- tion (b)(4)(A)3., which is similar to existing

section (d)(3), is amended with a federal clarification of trainer qualifications. As is currently the case, state standards do not permit the operator−in−training to continue op- eration of the equipment while the trainer is on break. Subsection 1618.1(b)(5), Retraining. This new subsection incorporates federal verbiage requiring the employer to provide retraining in relevant topics when, based on the performance of the operator or an evaluation of the operator’s knowledge, there is an indication that retraining is necessary. Subsection 1618.1(c), Operator certification and licensing.

This subsection prescribes that the employer is to en- sure that each operator is certified or licensed to operate the equipment in accordance one of two following options. Subsection 1618.1(d), Option (1): Certification by an accredited crane operator certifying entity. The certification requirements of existing subsec- tions (b)(1)−(b)(5) have been relocated to this subsec- tion for consistency with federal formatting. Cross− references have been changed to accommodate this re- location.

Consistent with the federal rulemaking, the existing requirement for operators to be certified by type and capacity, has been changed. Operators now on-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 690 ly need be certified by type; however, a new federal re- quirement has been added in subsection (

f) for opera- tors to be evaluated to ensure they are qualified to oper- ate the particular type, size and configuration of equip- ment they will be operating. Certification by type and capacity will also be permitted. As before, the state re- quires substance abuse testing and a physical exam in addition to the federally required written and practical tests for certification. Subsection 1618.1(e), Option (2): Licensing by a government entity. The licensure requirements of existing subsection (

c) have been relocated to this subsection for consistency with federal formatting; only the cross−references have been changed to accommodate the relocation. Subsection 1618.1(f), Evaluation. This new subsection has been added for equivalency with the federal final rule. Subsection 1618.1(f)(1). This subsection requires the employer to ensure through an evaluation that each operator i s qualified by a demonstration of: (

A) the skills, knowledge, and abili- ty to safely operate the size and configuration of equip- ment he/she will be operating; and (

B) the ability to per- form the hoisting activities required for assigned work. Subsection 1618.1(f)(2). There is a provision that the employer may rely on its previous assessments of the operator in lieu of conduct- ing a new evaluation of operator’s existing knowledge and skills for operators employed prior to the effective date of this standard. Subsection 1618.1(f)(3). This subsection prescribes qualifications for the evaluator . Subsection 1618.1(f)(4). This subsection requires that the evaluator must be an employee o r agent of the employer.

It also provides that once the evaluation is completed successfully, the oper- ator may be permitted to operate other equipment that does not require substantially different skills, knowl- edge, or ability. Subsection 1618.1(f)(5). This subsection prescribes documentation require- ments and document availability. Subsection 1618.1(f)(6). This subsection provides that when retraining is re- quired, the employer shall re−evaluate the operator with respect to the subject of the retraining. Subsection 1618.1(g), Certification criteria.

This subsection relocates the requirements of exist- ing subsection (b)(1) for consistency with federal for- matting. All provisions of existing (b)(1) are carried forward except as noted below. Subsection 1618.1(g)(3)(A). This subsection replaces state verbiage for written exam requirements from existing (b)(1)(C), with feder- al verbiage which makes more specific the required ele- ments of the written exam. Subsection 1618.1(g)(3)(B). This is a new subsection that has been added for equivalency with the federal final rule.

It requires that t he individual be able to read and locate relevant infor- mation in the equipment manual and other materials containing information referred to in subsection (g)(3)(A). Subsection 1618.1(h), Effective dates. This subsection replaces and supersedes existing sub-

section (

e) with new ef fective dates based on federal dates (adjusted for state adoption). The existing state dates which are being superseded and replaced are his- torical and are no longer applicable. Exceptions to

Section 1618.1. The exceptions of the existing

section are carried for- ward. Exception 1 has been amended with

section cross−references consistent with federal clarifications.

Section 1618.4, Training. Subsection 1618.4(c)(1), (formerly “Operators−in−Training for equipment where certification or qualification is required by this Article”). This subsection formerly required the employer to train each operator−in−training in the areas addressed in existing subsection 1618.1(b)(1)(

C) and (D) (written and hands−on testing). It also required the employer to provide retraining if the operator−in−training did not pass a qualification or certification test. Due to refor- matting to be equivalent with federal standards, these training requirements are proposed to be relocated to subsections 1618.1 (

a) and (b). Subsection 1618.4(c)(2) (formerly “Transitional Period”), and subsection 1618.4(c)(3) (formerly “Operators excepted from the requirements of

Section 1618.1”). Subsection (c)(2) formerly prescribed training re- quirements during the four−year phase−in period for operator certification or qualification. The phase−in pe- riod has concluded, and training requirements are now addressed in 1618.1(

b) due to federal reformatting. Thus the text of existing subsection (c)(2) will be delet- ed and replaced with text substantively the same as ex- isting 1618.4(c)(3) which will be renumbered to (c)(2). Thus revised subsection (c)(2) will now give direction for training requirements for operators covered under the exceptions to

Section 1618.1.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 691 Subsection 1618.4(c)(4). Due to the deletion of existing subsection (c)(2) and the renumbering of existing (c)(3) to (c)(2) described above, subsection (c)(4) will be renumbered to (c)(3) without any changes in text. The proposed regulations are substantially the same as the final rule promulgated by Federal OSHA. There- fore, Labor Code

Section 142.3(a)(3) exempts the Board from the provisions of

Article 5 (commencing with

Section 11346) and

Article 6 (commencing with

Section 11349) of

Chapter 3.5,

Part 1, Division 3 of Ti- tle 2 of the Government Code when adopting standards substantially the same as a federal standard; however, the Board is still providing a comment period and will convene a public hearing. The primary purpose of the written and oral comments at the public hearing is to: 1. Identify any clear and compelling reasons for California to deviate from the federal standard; 2. Identify any issues unique to California related to this proposal which should be addressed in this rulemaking and/or a subsequent rulemaking; and, 3. Solicit comments on the proposed effective date.

The responses to comments will be available in a rulemaking file on this matter and will be limited to the above areas. The Board evaluated the proposed regulations pur- suant to Government Code

section 11346.5(a)(3)(

D) and has determined that the regulations are not incon- sistent or incompatible with existing state regulations. This proposal is part of a system of occupational safety and health regulations. The consistency and compati- bility of that system’s component regulations is provid- ed by such things as: (1) the requirement of the federal government and the Labor Code to the effect that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occu- pational safety and health rulemaking be channeled through a single entity (the Standards Board).

DOCUMENTS RELIED UPON Federal Register, V ol. 83, No. 218, pp. 56198−56247 (November 9, 2018) U.S Department of Labor, Bureau of Labor Statistics, Quarterly Census of Employment and Wages, 2017 An- nual Averages. Data obtained at https://www.bls.gov/cew. These documents are available for review Monday through Friday from 8:00 a.m. to 4:30 p.m. at the Stan- dards Board Office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California. DOCUMENTS INCORPORATED BY REFERENCE 29 CFR 1926, Subpart CC, Appendix C, Operator Certification: Written Examination: Technical Knowl- edge Criteria.

This document is too cumbersome or impractical to publish in Title 8 [or may include copyrighted items, (e.g., ANSI standards)]. Therefore, it is proposed to in- corporate the document by reference. Copies of this document are available for review Monday through Fri- day from 8:00 a.m. to 4:30 p.m. at the Standards Board Office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California. Note: Existing text 1618.1(b)(3), Accredited Certify- ing Entity, mentions specific documents that were in- corporated by reference in previous rulemakings.

As the existing text for this subsection has only been moved to 1618.1(d)(2) without modification to the pre− existing Document References, we are not incorporat- ing those documents by reference into the present Rule- making Notice list. COST ESTIMATES OF PROPOSED ACTION This estimate considers only new costs for actions not already required by the existing standards. These new costs fall into three main categories: (1) evaluations to ensure operator competency, (2) documentation of those evaluations, and (3) additional training required for significant changes in equipment, configuration or tasks.

Additional training and certification require- ments for operators of cranes over 2000 lb. and up to 15,000 lb. and 25−foot boom length became a require- ment as of November 18, 2018, and thus were also not considered in this estimate.

(1) Although evaluation and re−evaluation have been required by federal and state standards [existing Title 8, Subsection 1618.1(e)(3) and

Section 3203], the new federal verbiage is more specific about when evaluation/re−evaluation is required, what is to be evaluated and how it is to be performed. The OSHA

preamble estimated the total annual cost for these evaluations to be $1,481,000 nationwide. The 12% pro−rata annual cost for California businesses for the more specific requirements of this standard are estimated to be approximately $178,000 statewide.

(2) The revised standard does not require employers to re−evaluate operators who have already previously demonstrated that they have the skills, knowledge, and abilities to operate the employer’s equipment safely. However, there will be a one−time/startup cost to document evaluations for all existing employees in addition to those hired

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 692 after the effective date. The OSHA

preamble estimated first year (startup) costs of $399,000 nationwide. OSHA estimated on−going documentation costs after startup to be $62,000 nationwide. The pro−rata statewide California costs are thus estimated to be $48,000 start−up and $7,400 on−going.

(3) The OSHA

preamble noted that most operator training is already required. The new verbiage, however, clarifies that additional training may be required for significant changes in equipment, configuration, tasks, or when retraining is required. OSHA estimated additional training costs to be $94,000 nationwide, thus the pro−rata cost for California is estimated to be $11,300. DETERMINATION OF MANDATE The Occupational Safety and Health Standards Board has determined that the proposed standard does not impose a local mandate.

There are no costs to any lo- cal government or school district which must be reim- bursed in accordance with Government Code Sections 17500 through 17630. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ments may affect small businesses. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) or the back−up contact person, Michael Manieri (Prin- cipal Safety Engineer) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file, and all information that provides the basis for the proposed regulation available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, supporting documents, or other information upon which the rule- making is based. Copies may be obtained by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations without further notice even though modifications may be made to the original pro- posal in response to public comments or at the Board’s discretion. A V AILABILITY OF THE MEMORANDUM TO THE STANDARDS BOARD MEMBERS Upon its completion, copies of the Memorandum may be obtained by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above or via the internet.

A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its website. Copies of the text of the regulation in an underline/strikeout format and the Notice of Proposed Action can be accessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 10. CALIFORNIA HEALTH BENEFIT EXCHANGE TITLE 10,

CHAPTER 12,

ARTICLE 4 ADOPT

SECTION 6464 The Board of Directors for the California Health Ben- efit Exchange (hereinafter referred to as the “Ex- change”) proposes to adopt the regulation described be- low after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action. However, the Exchange will hold a hearing if it receives a written request for a public hearing for any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 693

Summary of Existing Laws 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 Exchange. The writ- ten comment period closes on June 10, 2019 (45 days after the published date). The Exchange will consider only comments received at the Exchange’s office by that time. Submit written comments to: Faviola Adams Regulations Coordinator California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Comments may also be submitted by facsimile (FAX) at 916−228−4468 or by e−mail to regulations@covered.ca.gov. AUTHORITY AND REFERENCE Government Code

section 100504; subdivision (a)(6) authorizes the Board of Directors for the Ex- change to adopt rules and regulations, as necessary. The proposed regulations implement, interpret, and make specific Government Code

section 100503, subdivi- sions (a), (

h) and (s), and Centers for Medicare and Medicaid Services (CMS), Guidance Regarding Identi- ty Proofing for the Marketplace, Medicaid, and CHIP, and Disclosure of Certain Data Obtained through the Data Services Hub (June 11, 2013). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In March 2010, President Obama signed federal health reform legislation called the Patient Protection and Affordable Care Act (ACA). It created the opportu- nity for each state to establish a state−based health in- surance exchange to implement the ACA.

California chose to operate an exchange that is commonly known as known as “Covered California.” For purposes of this Notice, Covered California will be referred to as the “Exchange.” The Exchange’s mission is to increase the number of insured Californians, improve health care quality, lower costs, and reduce health disparities through an innovative, competitive marketplace that empowers consumers to choose their health plan. State law also specifies the powers and duties of the executive board of the Exchange. Government Code

section 100504, subdivision (a)(6) authorizes the Ex- change’s Board of Directors to adopt rules and regula- tions, as necessary. The Exchange proposes this perma- nent rulemaking in furtherance of its rulemaking au- thority to implement, interpret, and make specific state and federal laws.

The Exchange is required to establish the criteria and process for eligibility determination, enrollment, and disenrollment of enrollees and potential enrollees in California, provide for the processing of applications and the enrollment and disenrollment of enrollees, and exercise all powers reasonably necessary to carry out and comply with the duties, responsibilities, and re- quirements of the Government Code and the ACA. (Gov. Code § 100503, subds. (a), (h) & (s)).

The Exchange currently provides rigorous system features and procedures that ensure that individuals who apply for coverage or who provide enrollment as- sistance are who they say they are.

However, for contin- ued use of the federal data services hub for verification of income and social security data, CMS guidance re- quires state exchanges to establish remote identity veri- fication for customers who apply online and over the phone. (CMS, Guidance Regarding Identity Proofing for the Marketplace, Medicaid, and CHIP, and the Dis- closure of Certain Data Obtained through the Data Ser- vices Hub (June 11, 2013), pp. 1−2.) As a result, the pro- posed regulations will integrate the federal remote iden- tity verification service for consumers who apply online or over the phone.

These proposed regulations will pro- vide the public with clear standards for identity verifi- cation, including the processes that will be used for pa- per and non−paper (i.e., electronic or telephonic) appli- cations and the alternate process should the initial iden- tify verification fail. These regulations allow the Ex- change to continue using the federal data services hub by complying with existing federal guidance. Currently, there are emergency regulations that es- tablish remote identity verification procedures. Those regulations include

definitions and application proce- dures. The Exchange is now proposing to make perma- nent those emergency regulations at California Code of Regulations, title 10,

section 6464.

Summary of the Effect of the Proposed Regulation The broad purpose of this proposed regulatory action is to: (1) complete Certificate of Compliance require- ments for

section 6464; and (2) make minor edits that ensure clarity and address stakeholder requests. The proposed regulations will make permanent the regula- tions in

article 4 governing identity verification require- ments for applicants submitting an application for health insurance through the Exchange’s individual market. The proposed permanent regulations include

definitions and application procedures. If approved, these regulations will assist the Exchange with the im-

694 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z plementation of identity verification requirements on an indefinite basis.

Anticipated Benefits of the Proposed Regulation The anticipated benefits of this proposed regulation include:  Providing consumers with clear guidelines on how the Exchange will verify the identity for consumers who apply in either paper or non−paper formats.  Ensuring compliance with federal requirements.  Protecting and safeguarding California consumers from the unauthorized and illegal access to, or disclosure of, sensitive information such as federal tax information, personal health information, and personal identifying information, confidential information, or financial information contained in the information systems and devices of the Exchange, or any other information as required by federal law or guidance.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations After an evaluation of current regulations, the Ex- change determined that these proposed regulations are not inconsistent or incompatible with any existing regu- lations. The proposed regulations do not conflict with any other regulations governing other Certified Enrollers.

Documents to be Incorporated by Reference: 45 C.F.R. § 155.205 (December 22, 2016) 45 C.F.R. § 155.225 (March 8, 2016) Documents Relied Upon: Centers for Medicare and Medicaid Services, Guid- ance Regarding Identity Proofing for the Marketplace, Medicaid, and CHIP, and the Disclosure of Certain Data Obtained through the Data Services Hub (June 11, 2013) DISCLOSURES REGARDING THE PROPOSED ACTION The Exchange has made the following initial determinations: Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations None.

Mandate on Local Agencies and School Districts None. The Exchange has determined that this pro- posed regulatory action does not impose a mandate on local agencies or school districts. Cost to Any Local Agency or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500 Through 17630 None. This proposal does not impose costs on any lo- cal agency or school district for which reimbursement would be required pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. Costs or Savings to any State Agencies The proposal results in additional costs to the Ex- change but will have no impact on other agencies or the State General Fund. The Exchange is currently com- pletely funded by assessments on premiums charged by Qualified Health Plans. Other Nondiscretionary or Savings Imposed on Local Agencies None. This proposal does not impose other nondis- cretionary costs or savings on local agencies. Costs or Savings in Federal Funding to the State The proposal will not result in costs or savings in fed- eral funding to the state.

Significant Effect on Housing Costs None. Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States None.

Results of the Economic Impact Assessment/Analysis The Exchange concludes regarding the proposed reg- ulations that it is: (1) unlikely that the proposal will create or eliminate any jobs in the State; (2) unlikely that the proposal will create or eliminate businesses within the State; (3) unlikely that the proposal will impact the expansion of businesses currently doing business in California; and (4) likely that the health and welfare of consumers will benefit from the proposed regulation.

Cost Impacts on a Representative Private Person or Business The Exchange is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. Effect on Small Business This proposed regulation will not have any effect on small business within the State of California because the proposed regulation only pertains to enrollment in the individual health insurance plans through the Exchange.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 695 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Exchange must deter- mine that no reasonable alternative considered or that has otherwise been identified and brought to the atten- tion of the Exchange would be more effective in carry- ing out the purpose for which this 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 effective in implementing the statutory policy or other provision of law.

This proposed action is the most effective in effectuating the purpose of the statute and applicable federal regulations. The Exchange invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: Faviola Adams Regulations Coordinator California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.

Sacramento, CA 95815 Telephone: (916) 228−8668 The backup contact person for inquiries concerning the proposed administrative action may be directed to: Crystal Hirst Attorney California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 228−8313 Please direct copies of the proposed text of the regula- tions, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Faviola Adams at the address or phone number listed above.

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

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Exchange may adopt the proposed regulations sub- stantially as described in this notice. If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public at least 15 days before the Exchange adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Faviola Adams at the address indicated above.

The Exchange will accept written comments on the modified regula- tions for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Faviola Adams at the above address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the text of the regula- tions in underline can be accessed through our website at https://hbex.coveredca.com/regulations.

RULEMAKING PETITION DECISIONS CALIFORNIA ENERGY COMMISSION PETITION DECISION Government Code

Section 11340.7 Agency: California Energy Commission Petitioner: Atlas Copco North America and Quincy Compressors

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 696 Relevant Regulations: Title 20 sections 1601−1606 Authority: Public Resources Code sections 25218 and 25402 Agency Decision: Petition denied. See attached order Agency Contact Person: Jared Babula 916−651−1462, jared.babula@energy.ca.gov Obtaining Documents: https://efiling.energy.ca. gov/Lists/DocketLog.aspx?docketnuber=18−AAER− 05 see TN# 227285 for petition Note: At hearing petitioners requested their petition be denied and the proposed order denying their petition approved.

ORDER NO: 19−0410−5 STATE ENERGY RESOURCES CONSERV ATION AND DEVELOPMENT COMMISSION IN THE MATTER OF: ATLAS COPCO NORTH AMERICA AND QUINCY COMPRESSORS PETITION FOR RULEMAKING HEARING Docket No. 18−AAER−05 ORDER DENYING THE PETITION FOR RULEMAKING HEARING I. INTRODUCTION AND PROCEDURAL HISTORY On January 9, 2019, at a public hearing, the Califor- nia Energy Commission (Commission) adopted effi- ciency standards and reporting requirements for com- mercial and industrial air compressors (air compressors).

On February 1, 2019, after the public comment peri- od closed and the Commission had adopted the regula- tions, legal counsel for Atlas Copco North America and Quincy Compressors submitted a proposed regulatory advisory to the air compressors docket. On March 6, 2019, Atlas Copco North America and Quincy Compressors filed a petition requesting that the Commission initiate a rulemaking hearing under Cali- fornia Code of Regulations, title 20,

section 1221 and Government Code

section 11340.6, for the purpose of amending or repealing the efficiency standards and re- porting requirements for air compressors.

Specifically, the petition requested that the Commission change the adopted regulatory language to allow Petitioners to: 1) Rely on previously conducted test results to certify compliance with California’s efficiency standards: (1) regardless of the date of the test, (2) even if the testing occurred prior to lab approval by the Commission, and (3) even if the testing was conducted before the federal test method was approved by the Department of Energy (DOE). (Exhibit 1 to the petition.) 2) Rely on test results from a single machine to certify compliance with California’s commercial and industrial air compressor efficiency standards. (Exhibit 1 to the petition.) 3) Use test results based upon the ISO1217−2009 test method to certify compliance with California’s efficiency standards. (Exhibit 1 to the petition.) On March 13, 2019, the Commission’s Executive Di- rector certified that the petition was complete and con- tained the informational requirements of CCR title 20,

section 1221. On April 5, 2019, Commission Staff filed a response to the petition recommending denial of the petition be- cause changes to the adopted regulatory language are not necessary. According to the staff recommendation, no ambiguities exist regarding the use of results from DOE compliant tests to certify models into the Com- mission’s database, the use of test results generated pri- or to laboratory approval, or the number of machines that need to be tested. On April 10, 2019, the Commission held a hearing to consider the petition. II. FINDINGS Based on the record, the Commission finds that: 1) Public Resources Code

section 25218 empowers the Commission to adopt any rule or regulation, or take any action it deems reasonable and necessary to carry out its statutory duty. Public Resources Code

section 25402 authorizes the Commission to adopt technologically feasible and cost effective regulations that will reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy for appliances that require a significant amount of energy.

Thus, the Commission has the authority to initiate a rulemaking amending or repealing previously adopted regulatory language, as requested in the petition. 2) On January 9, 2019, the Commission adopted efficiency standards and reporting requirements for commercial and industrial air compressors. 3) The Commission adopts, amends, or repeals regulations, which implement, interpret or make specific any provision of Division 15 of the Public Resources Code or any other statute enforced or administered by the Commission. (Cal. Code Regs., tit. 20,

section 1220.) In this case, the Commission implemented and made specific its

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 697 appliance efficiency mandate under Public Resources Code

section 25402. 4) The Commission determined whether the adopted regulatory language contains ambiguities, whether there has been a change in law, or whether the regulatory language has become obsolete, to warrant the amendment or repeal of the regulatory language related to air compressors.

We do not find such conditions and agree with Staff that initiating a rulemaking to amend or repeal the regulatory language related to testing and certification of air compressors is not necessary. (Staff Memo, p.5.) 5) The Commission’s adopted language does not prohibit manufacturers from using test results to certify an appliance to the Commission’s database, whether those tests were performed prior to or after the test lab was approved, or whether the test was performed prior to the DOE’s approval of the test method, as long as the tests were performed according to the test procedure. (Staff Memo, p.4.) 6) The Commission’s adopted language does not require more than a single unit to be tested for certification purposes.

Moreover, the Commission’s adopted language did not include the DOE’s sampling requirements for air compressors. (Staff Memo. pp. 3−4.) 7) The Commission’s adopted language does not prohibit manufacturers from certifying that their historical ISO 1217:2009 test data is in accordance with the test procedure in CCR, title 20,

section 1604 (i.e., the DOE test procedure). 1 Federal law preempts the Commission from accepting test results from a test procedure inconsistent with the DOE test procedure. 2 (Staff Memo, p. 3.) III. CONCLUSION AND ORDER For the reasons stated above, the Petition is hereby DENIED. IT IS SO ORDERED. CERTIFICATION The undersigned Secretariat to the Commission does hereby certify that the foregoing is a full, true, and cor- rect copy of an Order duly and regularly adopted at a meeting of the California Energy Commission held on April 10, 2019. AYE: Hochschild, Scott, Douglas, McAllister. NAY: None. ABSENT: None.

ABSTAIN: None. /s/ Cody Goldthrite Secretariat DEPARTMENT OF INSURANCE DECISION REGARDING PETITION FOR RULEMAKING On March 21, 2019, a Petition for Rulemaking (the “Petition”) by multiple organizations 1 Transcript of Energy Commission January 9, 2019, Business Meeting, p. 31. 2 United States Code, title 42,

section 6297(a). 1 was served on the Department of Insurance (“Department”) citing Government Code

section 11340.6 as authority for the Petition.

The Petition requests that Commissioner Ri- cardo Lara promulgate regulations “authorizing” the Department “to require all 1,300 insurance companies doing business in California to disclose all fossil fuel− related investments and underwriting of fossil fuel− related projects.” The Petition states that “instead of a periodic data call,” regulations are necessary “(1) to prevent any potential institutional, administrative, legal or legislative opposition; (2) to prevent unnecessary and dangerous delays in receipt of such information; and (3) to ensure that the Insurance Commissioner may enquire, follow−up, and effectively regulate the insur- ance industry in this evolving, climate−changing envi- ronment for all consumers.” 1 Consumer Watchdog, 1000 Grandmothers for Future Genera- tions, 350 Bay Area, 350 Chico, 350 Conejo/San Fernando Val- ley, 350 Maine, 350 Silicon Valley, 350 South Bay Los Angeles, 350.org, 350 Marin, Alameda County Interfaith Climate Action Network, Amazon Watch, Asian Pacific Environmental Network, Avaaz, Azul, Bay Area — System Change not Climate Change, Beyond Extreme Energy, Bold Alliance, California Environmen- tal Justice Alliance, Californians Against Fracking and Danger- ous Drilling, Center for Biological Diversity, Center for Interna- tional Environmental Law, ClientEarth, Climate Hawks V ote, Cli- mate Resolve, Coalition for Clean Air, Communities for a Better Environment (CBE), Connecticut Citizens Action Group, Courage Campaign, Divest Invest, Earthworks, Filipino/ American Coalition for Environmental Solidarity (FACES), Food & Water Watch, Fossil Free California, Fox Valley Citizens for Peace & Justice, Friends of the Earth U.S., Fundacja “Rozwój TAK — Odkrywki NIE,” Greenaction for Health and Environ- mental Justice, Greenpeace, Indivisible South Bay LA, Market Forces, Movement for a People’s Party, No Coal Alliance, No Coal in Oakland, No Coal in Richmond, No Coal Vallejo, Oil Change International, Presente.org, Public Citizen, Rainforest Action Network, Rootskeeper, San Francisco Baykeeper, Sierra Club California, SoCal 350 Climate Action, Stand.earth, SumOfUs.org, Sunflower Alliance, Sunrise Project, Sustainable Energy & Economy Network, urgewald, Waterkeeper Alliance (“Petitioners”).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 698 RELIEF REQUESTED Petitioners urge the Department to promulgate emer- gency regulations requiring all insurers licensed in Cal- ifornia to “disclose: (1) all their investments in fossil fuel−related entities, and (2) all the fossil fuel−related companies and projects that they underwrite or otherwise insure.” AUTHORITY AND REFERENCE CITED IN THE PETITION Petitioners cite California Government Code

section 11340.6 and Insurance Code sections 730, 740, 900, 902, 11694, 12389(h), 12389.4, 12921(

a) and 12922, as well as Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805 and Proposition 103 generally. 2 Govern- ment Code

section 11340.6 is part of California’s Ad- ministrative Procedure Act (the “APA”) found in Chap- ter 3.5 of

Part 1, Division 3 of Title 2 of the California Government Code (Government Code sections 11340−11361). THE COMMISSIONER’S DETERMINATION The Commissioner declines to grant the Petition at this time. While the Commissioner shares the Petition- ers’ concerns about the effects of climate change and potential risks to consumers and insurance companies, the Petition only targets a single element of the much broader challenge of climate risk.

The Commissioner is pursuing a much more comprehensive climate strategy, which will include incentivizing climate smart invest- ments, and invites the Petitioners, consumers, and the insurance industry to work with him in realizing a com- prehensive climate strategy. REASONS SUPPORTING THE COMMISSIONER’S DETERMINATION Commissioner Lara has developed strong, founda- tional climate and clean air policies throughout his ca- reer and will continue to lead on climate policy as the state’s insurance regulator.

The Commissioner will seek a comprehensive approach to climate risk mitiga- tion built on analysis, innovation, and cohesive policies that bring insurers into the fight against climate change, not just intermittently, but in a sustained way — as he has in the fight to reduce super pollutant emissions 3,4 and diesel pollution 5, and prevent new offshore oil operations6. 2 Ins. Code § 1861.01 et seq. In addition, the following provisions of Proposition 103 are specifically referenced: Ins. Code § 1861.05, subds. (a)−(c); Ins. Code § 1861.07; and Ins. Code § 1861.10, subd. (a).

Achieving a sustainable insurance sector in Califor- nia that reduces climate risks will require innovative products to promote mitigation and adaptation, thoughtful assessment of physical and transition risks, collaboration with insurers and state regulators, ex- panding information on hazards throughout the state, and laws intended to implement effective policies. Insurers are required to disclose investments publicly in their financial statements, and the Department has developed a methodology to identify and categorize the fossil fuel portion of those investments.

The Depart- ment has a database that includes information regarding insurers’ investments in fossil fuel−related entities. The Department also increased the utility of those data by partnering with collaborators to produce scenario analyses as recently as January 2019. Reducing fossil fuel production and climate pollutant emissions are cru- cial elements of a strategy for reducing future climate risks. Petitioners also propose a rule to require insurers to disclose all fossil fuel−related companies and projects that they insure.

But such a proposed rule alone will not effectively address the complex and historically−en- trenched manner in which fossil fuels are utilized by businesses today. Instead, it is necessary to develop an approach that encourages the best ideas of climate− aligned businesses to break these harmful habits. The Petition raises significant policy questions, be- yond the insurance sector, that need further considera- tion to ensure that any new regulation is crafted careful- ly to maximize rather than frustrate an effective climate strategy.

For example, if the public had the ability to re- view the policy limits and coverage of specific busi- nesses, such information could be used for purposes in- consistent with climate goals by exposing and severely impairing a business’s internal strategies and efforts to transition from fossil−fuel energy to renewable energy. These questions together with other vexing policy con- cerns would surely benefit from broader consultation and collaboration between environmental advocates, international and state partners as well as insurers.

There is a strong need for broader collaboration be- tween the Department, the insurance industry and our 3 Senate Bill 605 (Lara), signed by Governor, Sept. 21, 2014 (2013−2014 Reg. Sess.); Senate Bill 1383 (Lara), signed by Gov- ernor, Sept. 19, 2016 (2015−2016 Reg. Sess.). 4 Senate Bill 1013 (Lara), signed by Governor, Sept. 13, 2018 (2017−2018 Reg. Sess.). 5 Senate Bill 1204 (Lara), signed by Governor, Sept. 21, 2014 (2013−2014 Reg. Sess.). 6 Senate Bill 834 (Jackson & Lara), signed by Governor, Sept. 8, 2018 (2017−2018 Reg. Sess).

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 699 climate partners. Towards this end, upon taking the oath of office in January, Commissioner Lara established a Deputy Commissioner position for Climate and Sus- tainability, prioritizing climate policies, including the issues raised in the Petition. This will embed climate is- sues into the fabric of the Department, providing a mechanism for collaborative policy discussions and de- veloping strategies that address climate change.

Based on the foregoing, the goals of the Petitioners with respect to climate mitigation and climate adapta- tion align with the goals of Commissioner Lara. Com- missioner Lara invites Petitioners to join with him to develop a comprehensive climate strategy that will bring the California insurance industry into the 21 st cen- tury as active partners in the fight against climate change.

AGENCY CONTACT PERSON Bryant Henley, Deputy Commissioner & Special Counsel California Department of Insurance 300 Capitol Mall, 17th Floor Sacramento, CA 95814 916−492−3735 OBTAINING COPIES OF THE PETITION Interested persons may obtain a copy of the Petition from the Agency Contact Person. Dated: April 22, 2019 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY April 19, 2019 Mr. Robert Budway President Can Manufacturers Institute 1730 Rhode Island Avenue, Suite 1000 Washington, DC 20036 Cypress, CA 90630 Via e−mail: RBudway@cancentral.com Dear Mr.

Budway: Thank you for your letter of March 19, 2019, petition- ing for the amendment of regulations relating to the Beverage Container Recycling Program. The Depart- ment of Resources Recycling and Recovery, Division of Recycling (Department) has accepted your petition for rulemaking under Government Code sections 11340.6 and 11340.7. The Department acknowledges the issue raised by the petition and will conduct public workshops to gather the information needed to properly address it. To that extent and in that manner, the Depart- ment is granting the petition.

The Beverage Container Recycling and Litter Reduc- tion Act (Act) (Pub. Res. Code, Div. 12.1, commencing with § 14500) requires beverage manufacturers to clearly indicate on all beverage containers sold or of- fered for sale in this state the California Redemption Value (CRV) message by printing or embossing the container or by affixing a stamp, label, or other device to the container. (Pub. Res. Code § 14561 (a).) The De- partment’s regulations require metal containers, other than metal bottles, to have the message marked on the top end of the container in specified minimum lettering sizes. (Cal.

Code Regs., title 14, § 2200(b).) Your petition recommends amending the regulations to allow the CRV message to appear in locations other than, or in addition to, the top of metal beverage con- tainers, such as on the bottom or wall of the containers. (Amendments recommended to Cal. Code Regs., title 14, § 2200 .) In support of the proposed change, the peti- tion includes the following points. Can makers have reduced the amount of metal used in cans by 30% over the last 30 years. Lighter containers are thinner and require incising that is more shallow, which makes the message less visible than it once was.

Incising the metal limits how thin and light the cans can be without impacting their integrity. Other states may require similar labeling and the space available on can tops is limited. California allows the message to appear on the body or bottom edge of glass and plastic beverage containers. CRV labeling is an important tool used by consumers, the Department, and certified recycling centers and pro- cessors to determine whether a container is eligible for redemption.

Empty metal beverage containers are often folded, crushed, or otherwise manipulated in form al- tering ways that make it difficult or impractical to locate or read the CRV message. Accordingly, the Depart- ment’s regulations require the message to appear on the top of the can, which is easily identified and less suscep- tible to manipulation than the sides.

The Department appreciates that can manufacturers are engaged in refining their products by making them thinner, lighter, and less resource intensive, and ac- knowledges that limiting the CRV message to the top of the can may pose unintended impediments to the con- tinued improvement of metal beverage containers. However, the petition does not provide sufficient infor-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 700 mation for the Department to determine how to proper- ly address the issue and additional information is need- ed before the regulation may be amended.

The Department is granting the rulemaking petition to the extent that it will provide notice and conduct one or more public workshops to consult with the public, can manufacturers, the regulated community, and other interested persons on the desirability and appropriate- ness of developing regulatory amendments to allow the CRV message to appear in locations other than, or in ad- dition to, the top of metal beverage containers. (Gov.

Code §§ 11340.7(b) (agency may grant a petition in part and may grant any other relief or take any other action warranted by the petition) & 11346(b) (agency may consult interested persons).) Thereafter, the Depart- ment will proceed as deemed appropriate in light of the information gathered. The Department has the authority to adopt, amend, and repeal regulations related to the Act pursuant to Public Resources Code sections 14530.5 and 14536. In accordance with Government Code

section 11340.7(d), a copy of this letter is being transmitted to the Office of Administrative Law for publication in the California Regulatory Notice Register. The agency contact person on this matter and the person from whom a copy of the petition may be obtained is Sharon Siozon, Division of Recycling, 801 K Street, MS 19−01, Sacramento, Cali- fornia 95814, Sharon.Siozon@CalRecycle.ca.gov, (916) 322−1760. Thank you for bringing this issue to my attention and for suggesting a solution.

Sincerely, /s/ Adam Tauber Assistant Director for Recycling Department of Resources Recycling and Recovery (CalRecycle) OAL REGULATORY DETERMINATION DEPARMENT OF CORRECTIONS AND REHABILITATION Date: April 19, 2019 To: Omar Cabrera From:

Chapter Two Compliance Unit Subject: 2019 OAL DETERMINATION NO. 2 (S) (CTU2019−0221−01) (Summary Disposition issued pursuant to Gov. Code,

sec. 11340.5; Cal. Code Regs., tit. 1,

sec. 270(f)) Petition challenging as an underground regu- lation a Memorandum dated February 1, 2019, issued by California Department of Corrections and Rehabilitation, Pleasant Valley State Prison, titled “Incentive Modifi- cation to Split Tier Programming.” On February 21, 2019, the Office of Administrative Law (OAL) received your petition asking for a determi- nation as to whether a memorandum dated February 1, 2019, issued by California Department of Corrections and Rehabilitation, Pleasant Valley State Prison, titled “Incentive Modification to Split Tier Programming” (Split Tier Programming Memo) is an underground reg- ulation.

The Split Tier Programming Memo was issued by the warden at the Pleasant Valley State Prison and is attached hereto as Exhibit A. In issuing a determination, OAL renders an opinion only as to whether a challenged rule is a “regulation” as defined in Government Code

section 11342.600, 1 which should have been, but was not adopted pursuant to the Administrative Procedure Act (APA). Such a rule is called an “underground regulation” as defined in Cal- ifornia Code of Regulations, title 1,

section 250, subsection (a): “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in

section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA. Nothing in this analysis evaluates the advisability or the wisdom of the underlying action or enactment. OAL has neither the legal authority nor the technical exper- tise to evaluate the underlying policy issues involved in the subject of this determination. Generally, a rule which meets the definition of a “reg- ulation” in Government Code

section 11342.600 is re- quired to be adopted pursuant to the APA. In some cas- es, however, the Legislature has chosen to establish ex- emptions from the requirements of the APA. Penal Code

section 5058, subdivision (c), establishes exemp- 1 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agen- cy to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z ... 701 tions expressly for the Department of Corrections and Rehabilitation (Department): (

c) The following are deemed not to be “regulations” as defined in

Section 11342.600 of the Government Code:

(1) Rules issued by the director applying solely to a particular prison or other correctional facility. . . This exemption is called the “local rule” exemption. It applies only when a rule is established for a single cor- rectional institution. In In re Garcia (67 Cal.App.4th 841, 845), the court discussed the nature of a “local rule” adopted by the warden for the Richard J. Donovan Correctional Facili- ty (Donovan) which dealt with correspondence be- tween inmates at Donovan: The Donovan inter−institutional correspondence policy applies solely to correspondence entering or leaving Donovan.

It applies to Donovan inmates in all instances. The Donovan policy is not a rule of general application. It applies solely to Donovan and, under Penal Code

section 5058, subdivision (c)(1), is not subject to APA requirements. Similarly, the rule challenged by your petition was is- sued by Pleasant Valley State Prison and applies solely to the inmates of the Pleasant Valley State Prison. In- mates housed at other facilities are governed by those other facilities’ criteria for programming. Therefore, the challenged rule is a “local rule” and is exempt from compliance with the APA pursuant to Penal Code sec- tion 5058(c)(1). It is not an underground regulation. 2 2 The rule challenged by your petition is the proper subject of a

summary disposition letter pursuant to title 1,

section 270 of the California Code of Regulations. Subdivision (

f) of

section 270 provides: (f)

(1) If facts presented in the petition or obtained by OAL during its review pursuant to subsection (

b) demonstrate to OAL that the rule challenged by the petition is not an underground regula- tion, OAL may issue a

summary disposition letter stating that con- clusion. A

summary disposition letter may not be issued to con- clude that a challenged rule is an underground regulation.

(2) Circumstances in which facts demonstrate that the rule chal- lenged by the petition is not an underground regulation include, but are not limited to, the following: (

A) The challenged rule has been superseded. (

B) The challenged rule is contained in a California statute. (

C) The challenged rule is contained in a regulation that has been adopted pursuant to the rulemaking provisions of the APA. (

D) The challenged rule has expired by its own terms. (

E) An express statutory exemption from the rulemaking pro- visions of the APA is applicable to the challenged rule. [Em- phasis added.] The issuance of this

summary disposition does not re- strict your right to adjudicate the alleged violation of

section 11340.5 of the Government Code. Date: April 19, 2019 /s/ Elizabeth A. Heidig Assistant Chief Counsel Copy: Ralph M. Diaz, Secretary, CDCR Ying Sun, RPMB, CDCR

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. File# 2019−0312−02 BOARD OF FORESTRY AND FIRE PROTECTION State Forest Regulations Update, 2018 In this rulemaking action, the Board adopts regula- tions to establish a

schedule of fees for the use of Desig- nated Camping Areas, set the time of day at which occu- pants must vacate the Designated Camping Area, and specify that the Director may collect registration infor- mation. The Board also amends various sections to re- vise the definition of Designated Camping Area, capi- talize defined terms, and make grammatical changes.

Title 14 ADOPT: 1401.1(a), 1401.1(b), 1401.1(c), 1401.2 AMEND: 1400.5, 1401, 1402, 1403, 1404, 1405, 1406, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1430, 1431, 1433, 1435, 1436, 1438, 1439, 1510, 1511, 1515, 1516, 1517, 1518, 1519, 1521 Filed 04/23/2019 Effective 07/01/2019 Agency Contact: Eric Hedge (916) 653−9633 File# 2019−0412−01 BOARD OF PAROLE HEARINGS Advancing Parole Consideration Hearing Dates The Board of Parole Hearings submitted this emer- gency action to adopt regulations that establish proce-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 702 dures for advancing parole consideration hearings pur- suant to Penal Code

section 3041.5(b)(4) and (d)(1). Title 15 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 Filed 04/22/2019 Effective 04/22/2019 Agency Contact: Mina Y . Choi (916) 322−6729 File# 2019−0319−04 BOARD OF REGISTERED NURSING Advanced Practice Registered Nurses (APRN) Applications Letterhead In this change without a regulatory effect, the Board amends its regulation to update the revision date of three application forms incorporated by reference, which are changed to reflect the new Governor, Gavin Newsom, on the letterhead of the forms.

Title 16 AMEND: 1483 Filed 04/24/2019 Agency Contact: Dean Fairbanks (916) 574−7684 File# 2019−0314−02 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulation 1052 Requirements for Course Certification This action by the Commission on Peace Officer Standards and Training amends requirements for course certification and establishes two types of certifi- cation requests. Title 11 AMEND: 1052(a), 1052(b)(1st par.), 1052(b)(1)−(4), 1052(b)(6), 1052(e), 1052(f), 1052(i), 1052(k), 1052(

l) Filed 04/24/2019 Effective 07/01/2019 Agency Contact: David Cheng (916) 227−4855 File# 2019−0328−04 COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Certification The Commission on Peace Officer Standards and Training filed this action to clarify requirements in a regulation for requesting, approving, and implementing a course pilot program.

Title 11 AMEND: 1052 Filed 04/24/2019 Effective 07/01/2019 Agency Contact: Jennifer Hardesty (916) 227−3917 File# 2019−0314−04 DEPARTMENT OF DEVELOPMENTAL SERVICES Speech−Language Pathology Assistants This action by the Department of Developmental Ser- vices adds speech−language pathology services as an authorized category of group practice for developmen- tal services and authorizes the use of speech−language pathology assistants as a provider of services.

Title 17 AMEND: 54319, 54342 Filed 04/22/2019 Effective 07/01/2019 Agency Contact: Jim Knight (916) 654−2759 File# 2019−0311−01 DEPARTMENT OF JUSTICE Certificates of Eligibility The California Department of Justice (DOJ) amends the requirements and process for the initial and renewal application submissions for the Certificate of Eligibili- ty which is obtained when DOJ checks its records and determines that an applicant is not prohibited from ac- quiring or possessing firearms.

Title 11 ADOPT: 4032, 4032.5, 4033, 4034, 4035, 4038 AMEND: 4030, 4031, 4036, 4037, 4039, 4040, 4041 REPEAL: 4032, 4033, 4034, 4035 Filed 04/22/2019 Effective 07/01/2019 Agency Contact: Jacqueline Dosch (916) 227−7614 File# 2019−0402−02 DEPARTMENT OF MOTOR VEHICLES Annual Fee Adjustment

(2020) These changes without regulatory effect adjust vari- ous Vehicle Code and Revenue and Taxation Code au- thorized fees relating to motor vehicles in amounts equal to the increase in the California Consumer Price Index for the prior year pursuant to Vehicle Code sec- tion 1678(

b) and for the prior two years pursuant to Revenue and Taxation Code

section 11502(b), respectively. Title 13 AMEND: 423.00 Filed 04/22/2019 Agency Contact: Randi Calkins (916) 657−8898

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 703 File# 2019−0314−01 DEPARTMENT OF PESTICIDE REGULATION Pest Control Aircraft Pilot Certification This regular rulemaking by the Department of Pesti- cide Regulation amends two forms to differentiate be- tween Manned and Unmanned Pest Control Aircraft Pi- lot certificates, adds the subcategory of Vector Control Technician, and updates pilot supervision requirements.

Title 3 AMEND: 6502, 6540 Filed 04/22/2019 Effective 07/01/2019 Agency Contact: Lauren Otani (916) 445−5781 File# 2019−0319−01 DEPARTMENT OF SOCIAL SERVICES IHSS Program General Exception Requirements This action by the Department of Social Services es- tablishes procedures and criteria for general exception requests for persons who have been found ineligible to provide In−Home Supportive Services on the basis of specified convictions as provided for in Welfare and In- stitutions Code

section 12305.87. Title MPP ADOPT: 30−778 Filed 04/23/2019 Effective 07/01/2019 Agency Contact: Everardo Vaca (916) 657−2363 File# 2019−0307−03 EMERGENCY MEDICAL SERVICES AUTHORITY Stroke Critical Care System The Emergency Medical Services Authority (EM- SA) is adopting regulations to develop and implement a stroke critical care system. These regulations standard- ize the requirements for the development and imple- mentation of a stroke critical care system.

The regula- tions specify what is required of a local EMS agency to develop and implement a stroke critical care system in- cluding the requirement that a Stroke Critical Care Sys- tem Plan and Plan updates be submitted to EMSA.

Title 22 ADOPT: 100270.200, 100270.201, 100270.202, 100270.203, 00270.204, 100270.205,100270.206, 100270.207, 100270.208, 100270.209, 100270.210, 100270.211,100270.212, 100270.213, 100270.214, 100270.215, 100270.216, 100270.217,100270.218, 100270.219, 100270.220, 100270.221, 100270.222, 100270.223,100270.224, 100270.225, 100270.226, 100270.227, 100270.228, 100270.229 Filed 04/17/2019 Effective 07/01/2019 Agency Contact: Esam El−Morshedy (916) 431−3656 File# 2019−0307−04 EMERGENCY MEDICAL SERVICES AUTHORITY ST Elevation Myocardial Infarction (STEMI) Critical Care System This resubmittal action adopts requirements for local emergency medical service agencies to develop and im- plement ST−segment elevation myocardial infarction (STEMI) critical care systems. (See OAL Matter No. 2018−1204−06.) Title 22 ADOPT: 100270.101, 100270.102, 100270.103, 100270.104, 100270.105, 100270.106, 100270.107, 100270.108, 100270.109, 100270.110, 100270.111, 100270.112, 100270.113, 100270.114, 100270.115, 100270.116, 100270.117, 100270.118, 100270.119, 100270.120, 100270.121, 100270.122, 100270.123, 100270.124, 100270.125, 100270.126, 100270.127 Filed 04/19/2019 Effective 07/01/2019 Agency Contact: Esam El−Morshedy (916) 431−3656 File# 2019−0311−03 EMERGENCY MEDICAL SERVICES AUTHORITY Emergency Medical Services for Children The Emergency Medical Services Authority adopted regulations that establish requirements, criteria, and procedures for local emergency medical services agen- cies to develop emergency medical services for chil- dren in their emergency medical services plans.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 704 Title 22 ADOPT: 100450.200, 100450.201, 100450.202, 100450.203, 100450.204, 100450.205, 100450.206, 100450.207, 100450.208, 100450.209, 100450.210, 100450.211, 100450.212, 100450.213, 100450.214, 100450.215,100450.216, 100450.217, 100450.218, 100450.219, 100450.220, 100450.221, 100450.222, 100450.223, 100450.224 Filed 04/23/2019 Effective 07/01/2019 Agency Contact Esam El−Morshedy (916) 431−3656 File# 2019−0314−05 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Conveyors This change without regulatory effect filing by the Occupational Safety and Health Standards Board amends

section 4412 in title 8 of the California Code of Regulations to correct a spelling error. Title 8 AMEND: 4412 Filed 04/22/2019 Agency Contact: Christina Shupe (916) 274−5721 File# 2019−0307−05 STATE W ATER RESOURCES CONTROL BOARD Santa Ana Regional Water Quality Control Board (RWQCB) Basin Plan Amendment (BPA), Selenium Total Maximum Daily Loads (TMDLs), Newport Bay Watershed This action, submitted pursuant to Government Code

section 11353, amends the Water Quality Control Plan for the Santa Ana River Basin. On August 2, 2017, the California Regional Water Quality Control Board, San- ta Ana Region, adopted Resolution No. R8−2017−0041 to incorporate Total Maximum Daily Loads for seleni- um in freshwater for Newport Bay Watershed. The State Water Resources Control Board approved the amendment under Resolution No. 2018−0014 on Sep- tember 20, 2018. Title 23 ADOPT: 3979.11 Filed 04/19/2019 Effective 04/19/2019 Agency Contact: Terri S. Reeder (951) 906−1899 File# 2019−0305−01 VETERINARY MEDICAL BOARD Fee

Schedule This certificate of compliance by the V eterinary Med- ical Board makes permanent emergency regulations that increased various fees for veterinarians, registered veterinary technicians, and veterinary premises. (See OAL file nos. 2018−0221−03E, 2018−0726−03EE, and 2018−1010−04EE.) Title 16 AMEND: 2070, 2071 Filed 04/17/2019 Effective 04/17/2019 Agency Contact: Amanda Drummond (916) 515−5238 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN November 21, 2018 TO April 24, 2019 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last.

For fur- ther information on a particular file, contact the person listed in the

Summary of Regulatory Actions

section of the Notice Register published on the first Friday more than nine days after the date filed.

Title 2 04/15/19 ADOPT: 18998 AMEND: 18994 04/11/19 AMEND: 57200 04/10/19 AMEND: 599.752.1 03/21/19 ADOPT: 579.9 03/07/19 AMEND: 35101 02/27/19 AMEND: 80225 02/27/19 AMEND: 11087, 11095, 11097 02/25/19 ADOPT: 18360.1, 18360.2 02/21/19 ADOPT: 574 02/20/19 AMEND: 18702.2 02/13/19 AMEND: 54700 01/31/19 ADOPT: 59840 01/24/19 AMEND: 1859.194, 1859.196 01/22/19 AMEND: 1859.51(e) 01/14/19 AMEND: 18756 01/07/19 AMEND: 60802, 60803, 60807, 60808, 60824, 60825, 60827, 60831, 60832, 60833, 60835, 60840, 60842, 60843, 60844, 60845, 60846, 60847, 60848, 60849, 60850, 60851, 60852, 60853, 60854, 60855, 60856, 60858, 60860, 60861, 60863, 61120 12/18/18 AMEND: 1859.76 12/14/18 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 705 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 12/12/18 AMEND: 2970 12/12/18 AMEND: 18545, 18700, 18730, 18940.2 12/05/18 REPEAL: 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445 12/04/18 AMEND: 1897 11/29/18 ADOPT: 1896.83, 1896.85 AMEND: 1896.60, 1896.61, 1896.62, 1896.70, 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.81, 1896.82, 1896.84, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97 11/27/18 AMEND: 1897 Title 3 04/22/19 AMEND: 6502, 6540 04/15/19 AMEND: 3591.12 03/21/19 AMEND: 3591.13 03/13/19 AMEND: 3591.2 03/06/19 AMEND: 3601 02/28/19 ADOPT: 4920 02/21/19 AMEND: 3591.2 02/20/19 AMEND: 3591.2 02/04/19 AMEND: 1180.3.1 01/30/19 AMEND: 6860 01/17/19 REPEAL: 1305.00, 1305.01, 1305.02, 1305.03, 1305.04, 1305.06, 1305.07, 1305.08, 1305.09, 1305.10, 1305.11, 1305.12 01/16/19 ADOPT: 8000, 8100, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215, 8216, 8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8400, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 8408, 8409, 8500, 8501, 8600, 8601, 8602, 8603, 8604, 8605, 8606, 8607, 8608, 8609 01/07/19 AMEND: 3439 12/18/18 ADOPT: 4921 11/29/18 AMEND: 3899 Title 4 04/12/19 ADOPT: 7000, 7001, 7002, 7003, 7003.1, 7004, 7004.1, 7005, 7006, 7006.1, 7007, 7007.1, 7008, 7008.1, 7009, 7010, 7011, 7012, 7013, 7013.1, 7013.2, 7014, 7015, 7016, 7017 04/11/19 AMEND: 10032, 10036 04/04/19 AMEND: 10092.1, 10092.2, 10092.3, 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12 03/14/19 AMEND: 10325 03/12/19 ADOPT: 1842.1 AMEND: 1588 02/20/19 AMEND: 1843.2 02/07/19 AMEND: 10315, 10317, 10322, 10325, 10326, 10327, 10328, 10335, 10337 01/22/19 AMEND: 1374, 1374.3 01/16/19 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 01/16/19 AMEND: 5000, 5033, 5060, 5100, 5170, 5260, 5350, 5450, 5500, 5540, 5600 REPEAL: 5361, 5362, 5363, 5380, 5560, 5570, 5571, 5572, 5573, 5580, 5590 01/02/19 AMEND: 12200, 12201, 12220, 12221 12/17/18 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 12/12/18 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 11/26/18 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 11/26/18 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420, 7421, 7422, 7423, 7424, 7425, 7426, 7427, 7428, 7429 Title 4, 16 03/19/19 AMEND: title 4: 1101, 1126, 1373.2, 1374, 1374.3, 1379; title 16: 2721, 2723, 2775 Title 5 04/03/19 AMEND: 58310 04/03/19 REPEAL: 1030.5, 1030.6, 1030.7, 1030.8, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1039.1, 1039.2, 1039.3 03/19/19 AMEND: 71398 03/07/19 AMEND: 80048.8, 80048.8.1, 80413, 80523 02/21/19 AMEND: 19810 02/19/19 REPEAL: 1200, 1202, 1203, 1204, 1204.5, 1205, 1206, 1207, 1207.1, 1207.5, 1208, 1209, 1210, 1211, 1211.5, 1215, 1215.5, 1216, 1216.1, 1217, 1218, 1218.6, 1219, 1220, 1225 02/15/19 AMEND: 55200, 55202, 55204, 55206, 55208 02/15/19 AMEND: 55800 01/31/19 AMEND: 850, 854.1, 854.2, 854.3, 854.4, 859, 862, 863

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 706 12/31/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 12/05/18 AMEND: 19810 Title 8 04/22/19 AMEND: 4412 04/11/19 AMEND: 9792.23.1, 9792.23.3, 9792.23.4, 9792.23.7, 9792.23.8 03/05/19 AMEND: 3999(b) 02/28/19 AMEND: 3295 02/14/19 AMEND: 9789.39 02/06/19 AMEND: 3389 01/07/19 AMEND: 11140 01/03/19 AMEND: 336 12/26/18 AMEND: 9789.19 11/26/18 AMEND: 9789.25 Title 9 02/05/19 AMEND: 4350 01/15/19 ADOPT: 4011, 4012, 4013, 4014, 4014.1, 4015 Title 10 03/28/19 AMEND: 2773 03/28/19 ADOPT: 2032, 2032.5, 2033, 2033.5, 2034, 2034.5, 2035, 2035.5, 2036, 2036.5, 2037, 2037.5, 2038, 2038.5, 2039, 2039.5, 2040, 2040.5, 2041, 2041.5, 2042, 2042.5, 2043, 2043.5, 2044, 2044.5 03/27/19 AMEND: 2498.5 03/26/19 AMEND: 2498.4.9 03/25/19 AMEND: 2498.6 03/07/19 ADOPT: 2915 02/20/19 AMEND: 3500, 3576, 3577, 3721 01/14/19 AMEND: 2318.6, 2353.1, 2354 01/14/19 AMEND: 2318.6 12/31/18 AMEND: 2632.5, 2632.11 12/26/18 ADOPT: 2238.10, 2238.11, 2238.12 11/29/18 ADOPT: 2509.80, 2509.81, 2509.82 11/27/18 AMEND: 3704 Title 11 04/24/19 AMEND: 1052(a), 1052(b)(1st par.), 1052(b)(1)−(4), 1052(b)(6), 1052(e), 1052(f), 1052(i), 1052(k), 1052(l) 04/24/19 AMEND: 1052 04/22/19 ADOPT: 4032, 4032.5, 4033, 4034, 4035, 4038 AMEND: 4030, 4031, 4036, 4037, 4039, 4040, 4041 REPEAL: 4032, 4033, 4034, 4035 03/25/19 AMEND: 1005 02/06/19 AMEND: 1008 02/04/19 AMEND: 1009 01/25/19 AMEND: 999.12 REPEAL: 999.13 01/08/19 ADOPT: 5460 12/31/18 AMEND: 2084, 2086, 2088, 2089, 2090, 2092, 2095, 2107 12/28/18 AMEND: 5505, 5507, 5509, 5510, 5511, 5513, 5514, 5516, 5517 Title 12 03/19/19 ADOPT: 515, 515.1, 515.2, 515.3, 515.4, 515.5 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 Title 13 04/22/19 AMEND: 423.00 03/25/19 ADOPT: 1070, 1071, 1072, 1073, 1074 AMEND:

Article 13 (in Division 2,

Chapter 4) 03/06/19 AMEND: 1152.3 02/21/19 AMEND: 17.02 01/28/19 AMEND: 20.05 01/16/19 AMEND: 550, 551.8, 551.12, 590 01/08/19 ADOPT: 182.02, 182.03 AMEND: 182.01, 182.02 (renumbered to 182.04) 01/03/19 AMEND: 553.70 12/26/18 AMEND: 2025 12/26/18 AMEND: 1152.7, 1152.7.1 12/20/18 ADOPT: 1217.2, 1263.2 12/12/18 AMEND: 1961.2, 1961.3 12/04/18 ADOPT: 425.01 11/29/18 AMEND: 17.00 11/27/18 AMEND: 1157.21 Title 13, 17 02/25/19 AMEND: title 13: 2452, 2461.1; title 17: 93116.3 02/07/19 AMEND: Title 13: 1956.8, 1961.2, 1965, 2036, 2037, 2065, 2112, 2141, Title 17: 95300, 95301, 95302, 95303, 95304, 95305, 95306, 95307, 95311, 95662, 95663 01/04/19 ADOPT: title 17: 95483.2, 95483.3, 95486.1, 95486.2, 95488, 95488.1, 95488.2, 95488.3, 95488.4, 95488.5, 95488.6, 95488.7, 95488.8, 95488.9, 95488.10, 95490, 95491.1, 95500, 95501, 95502, 95503 AMEND: title 13: 2293.6; title 17: 95481, 95482, 95483, 95483.1, 95484, 95485, 95486, 95487, 95489, 95491, 95492, 95493, 95494, 95495 REPEAL: title 17: 95483.2, 95488, 95496 Title 14 04/23/19 ADOPT: 1401.1(a), 1401.1(b), 1401.1(c), 1401.2 AMEND: 1400.5, 1401, 1402, 1403, 1404, 1405, 1406, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 707 1422, 1423, 1424, 1425, 1426, 1427, 1430, 1431, 1433, 1435, 1436, 1438, 1439, 1510, 1511, 1515, 1516, 1517, 1518, 1519, 1521 04/02/19 ADOPT: 2750, 2752, 2754, 2756, 2758, 2760, 2762, 2764, 2766, 2768, 2770, 2772, 2774, 2776, 2778 03/29/19 AMEND: 1038.5 03/28/19 AMEND: 27.65 03/20/19 ADOPT: 1752, 1772, 1772.1, 1772.1.1, 1772.1.2, 1772.1.3, 1772.1.4, 1772.2, 1772.3, 1772.4, 1772.5, 1772.6, 1772.7 AMEND: 1723.9, 1760 03/18/19 AMEND: 670.5 03/07/19 ADOPT: 29.06 03/05/19 ADOPT: 18660.47, 18660.48, 18660.49, 18660.50, 18660.51 AMEND: 18660.5, 18660.20 02/28/19 AMEND: 7.50 02/26/19 AMEND: 670.2 02/26/19 AMEND: 107, 174, 176, Appendix A (Div. 1, Subd. 1, Ch. 9) 02/26/19 AMEND: 29.15 02/25/19 AMEND: 1.53, 1.74, 5.00 02/19/19 ADOPT: 1038.6 02/19/19 ADOPT: 1038.1, 1038.2, 1038.3, 1038.4, 1038.5 AMEND: 1038, 1038.3 [renumbered to 1038.9] REPEAL: 1038.1, 1038.2 02/15/19 AMEND: 1094, 1094.2, 1094.6, 1094.8, 1094.17, 1094.23 02/07/19 ADOPT: 13008 AMEND: 13012, 13015, 13018, 13019, 13040, 13050, 13071, 13104, 13105, 13113, 13116, 13136, 13137, 13138, 13144, 13158, 13173, 13204, 13205, 13214.7, 13216, 13217, 13218, 13219, 13221, 13222, 13223, 13224, 13231, 13234, 13238.1, 13241, 13242, 13243, 13244, 13245, 13247, 13300, 13302, 13315, 13328.1, 13328.8, 13328.9 , 13331, 13336, 13342, 13343, 13356, 13358, 13371, 13500, 13518, 13530, 13536, 13545, 13546, 13548, 13554, 13576, 13577, 13600, 13610, 13625, 13626, 13635, 13645, 13647, 13648, REPEAL: 13214, 13214.1, 13214.2, 13214.3, 13214.4, 13214.5, 13214.8. 02/06/19 ADOPT: 1720.1, 1724.5, 1724.7.1, 1724.7.2, 1724.8, 1724.10.1, 1724.10.2, 1724.10.3, 1724.10.4, 1724.11, 1724.12, 1724.13 AMEND: 1724.6, 1724.7, 1724.10, 1748, REPEAL: 1724.8, 1748.2, 1748.3 01/02/19 AMEND: 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10, 150.16 12/28/18 ADOPT: 15064.3, 15234 AMEND: 15004, 15051, 15061, 15062, 15063, 15064, 15064.4, 15064.7, 15072, 15075, 15082, 15086, 15087, 15088, 15094, 15107, 15124, 15125, 15126.2, 15126.4, 15152, 15155, 15168, 15182, 15222, 15269, 15301, 15357, 15370, Appendix G, Appendix M, Appendix N 12/17/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 12/17/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 12/17/18 ADOPT: 820.02 12/17/18 ADOPT: 817.04 AMEND: 790 12/14/18 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 12/13/18 AMEND: 2975 12/10/18 ADOPT: 126.1 AMEND: 125.1, 126 [renumbered to 126.1] 11/28/18 ADOPT: 716 AMEND: 300 11/28/18 ADOPT: 42 AMEND: 43, 651, 703 Title 14, 27 03/05/19 ADOPT: title 14: 18815.1, 18815.2, 18815.3, 18815.4, 18815.5, 18815.6, 18815.7, 18815.8, 18815.9, 18815.10, 18815.11, 18815.12, 18815.13 AMEND: title 14: 17365, 17370.2, 17379.0, 17383.3, 17383.4, 17383.5, 17383.6, 17383.7, 17383.8, 17388.4, 17388.5, 17389, 17414, 17869, 17896.45, 18794.0, 18794.1, 18794.2, 18800; title 27: 20510, 20686, 20690 Title 15 04/22/19 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 04/15/19 AMEND: 3352.2(a)(1)(4) and (5) amended and renumbered as 3999.364; 3352.2(a)(2) and (3) deleted as duplicative of

section 3999.98; 3352.2(b)(c)(

d) amended and renumbered as 3999.365(a)(b)(c); 3352.3 amended and renumbered as 3999.366;3354(

a) amended and renumbered as 3999.132(a); 3354(

b) CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 708 amended and renumbered as 3999.426(a); 3354(

c) amended and renumbered as 3999.207(a); 3354(

d) amended and renumbered as 3999.402(a); 3354(

e) amended and renumbered as 3999.429(a); 3360 amended and renumbered as 3999.330(a)(b)(c);3361(

a) amended and renumbered as 3999.330(d); 3361(

b) amended and renumbered as 3999.207(b); 3361(

c) amended and renumbered as 3999.330(e); 3362 amended and renumbered as 3999.330(f); 3364 amended and renumbered as 3999.344; 3364.1(a)(1)−(5) and (8)−(11) amended and renumbered as 3999.345(a)(1)−(9); 3364.1(a)(6)−(7) amended and renumbered as 3999.98;3364.2 amended and renumbered as 3999.346; 3367 amended and renumbered as 3999.349; 3368 amended and renumbered as 3999.350; 3369 amended and renumbered as 3999.348; 3369.1 amended and is renumbered as 3999.342;3999.98 is amended; 3999.99 is amended and relocated; 3999.202 is amended; 3999.225 is amended; 3999.226 is amended; 3999.227 is amended; 3999.228 is amended; 3999.229 is amended; 3999.230 is amended; 3999.231 is amended; 3999.232 is amended; 3999.233 is amended; 3999.235 is amended; 3999.236 is amended; 3999.237 is amended; 3999.320 is amended; 3999.410 amended and renumbered as 3999.432;3999.411 amended and renumbered as 3999.425; 3999.440 amended and renumbered as 3999.417 04/09/19 ADOPT: 3767 AMEND: 3075.2, 3620, 3761.1, 3763, 3764, 3768.3 04/09/19 ADOPT: 3999.26 04/03/19 ADOPT: 3329.5 03/22/19 ADOPT: 4199 03/21/19 AMEND: 4900, 4927, 4935, 4936, 4937, 4938, 4939 REPEAL: 4939.5, 4961.1, 4972, 4975, 4977, 4977.5, 4977.6, 4977.7, 4978, 4979, 4980, 4981, 4982, 4983, 4983.5 03/18/19 ADOPT: 3741, 3742, 3743, 3744, 3745, 3746, 3747, 3748 03/18/19 REPEAL: 3349, 3349.1, 3349.2, 3349.3, 3349.4, 3349.5, 3349.6, 3349.7, 3349.8, 3349.9 03/12/19 AMEND: 3355.1 (renumbered to 3999.367), 39999.99, 3999.206, 3999.234, 3999.237, 3999.375 (renumbered to 3999.395) 03/05/19 AMEND: 3269.1, 3315 02/26/19 AMEND: 3294.5 02/25/19 AMEND: 3075.2 01/28/19 AMEND: 8004.1 01/23/19 AMEND: 3043.3 01/15/19 AMEND: 3177, 3315 01/09/19 AMEND: 3043, 3043.3, 3043.4, 3043.5 01/07/19 AMEND: 3999.98, 3999.200 01/07/19 AMEND: 8000 12/26/18 ADOPT: 2249.30, 2449.31, 2449.32, 2449.33, 2449.34, 3495, 3496, 3497 AMEND: 2449.1, 3490, 3491 Title 16 04/24/19 AMEND: 1483 04/17/19 AMEND: 2070, 2071 04/12/19 ADOPT: 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018 AMEND: 6020 03/26/19 AMEND: 1887.4.1 03/06/19 AMEND: 20 02/25/19 AMEND: 1399.515 02/05/19 REPEAL: 1023.15, 1023.16, 1023.17, 1023.18, 1023.19 01/31/19 REPEAL: 2624, 2624.1 01/30/19 AMEND: 1735.1, 1735.2, 1735.6, 1751.1, 1751.4 01/29/19 ADOPT: 6020 01/16/19 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5007.1, 5007.2, 5008, 5009, 5010, 5010.1, 5010.2, 5010.3, 5011, 5012, 5013, 5014, 5015 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5024.1, 5025, 5026, 5027, 5028, 5030, 5031, 5032, 5033, 5034, 5035, 5036, 5037, 5038, 5039, 5040, 5040.1, 5041, 5041.1, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5052.1, 5053, 5054, 5300, 5301, 5302, 5303, 5303.1, 5304, 5305, 5305.1, 5306, 5307, 5307.1, 5307.2, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5400, 5402, 5403, 5403.1, 5404, 5405, 5406, 5407, 5408, 5409, 5410, 5411, 5412, 5413, 5414, 5415,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 709 5415.1, 5416, 5417, 5418, 5419, 5420, 5421, 5422, 5423, 5424, 5426, 5427, 5500, 5501, 5502, 5503, 5504, 5505, 5506, 5506.1, 5507, 5600, 5601, 5602, 5603, 5604, 5700, 5701, 5702, 5703, 5704, 5705, 5706, 5707, 5708, 5709, 5710, 5711, 5712, 5713, 5714, 5715, 5717, 5718, 5719, 5720, 5721, 5722, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731, 5732, 5733, 5734, 5735, 5736, 5737, 5738, 5739, 5800, 5801, 5802, 5803, 5804, 5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 5813, 5814, 5815, 5900, 5901, 5902, 5903, 5904, 5905 01/15/19 ADOPT: 1483.1, 1483.2, 1486 AMEND: 1480, 1481, 1482, 1483, 1484 12/21/18 ADOPT: 1399.515 12/05/18 AMEND: 1380.3, 1380.6, 1381, 1381.1, 1381.4, 1381.5, 1381.7, 1382, 1382.3, 1382.4, 1382.5, 1382.6, 1386, 1387.3, 1387.4, 1387.5, 1387.7, 1388, 1389.1, 1390.1, 1390.3, 1391.3, 1391.4, 1391.5, 1391.6, 1391.7, 1391.11, 1393, 1394, 1395, 1395.1, 1396.5, 1397, 1397.35, 1397.50, 1397.51, 1397.53, 1397.54, 1397.55, 1397.60, 1397.61, 1397.62, 1397.67, 1397.69, 1397.70 REPEAL: 1381.6, 1397.63, 1397.64, 1397.65, 1397.66, 1397.68, 1397.71 12/03/18 AMEND: 18 11/28/18 AMEND: 1399.514 Title 17 04/22/19 AMEND: 54319, 54342 03/29/19 AMEND: 95101, 95102, 95103, 95111, 95115, 95118, 95152, 95153 03/29/19 ADOPT: 95915, 95989 AMEND: 95802, 95812, 95813, 95820, 95830, 95831, 95833, 95834, 95841, 95841.1, 95851, 95852, 95854, 95856, 95870, 95871, 95890, 95891, 95892, 95893, 95894, 95911, 95912, 95913, 95914, 95920, 95921, 95942, 95943, 95973, 95974, 95976, 95977.1, 95979, 95981, 95981.1, 95982, 95983, 95984, 95985, 95987, 95990, 96011, 96014, 96021, 96022, Appendix B and Appendix E 03/25/19 ADOPT: 59000, 59001, 59002, 59003, 59004, 59005, 59006, 59007, 59008, 59009, 59010, 59011, 59012, 59013, 59014, 59015, 59016, 59017, 59018, 59019, 59020, 59021, 59022 03/18/19 ADOPT: 30220 AMEND: 30108.1, 30192.6, 30194, 30210, 30257, 30293, 30295, 30373 REPEAL: 30210.1, 03/07/19 AMEND: 30335.5, 30440, 30444, 30451, 30455.1, 30456.2, 30466 02/28/19 AMEND: 6508 02/26/19 ADOPT: 30197, 30197.1, 30197.2, 30197.3, 30197.4, 30197.5, 30197.6, 30197.7 AMEND: 30195.1 01/16/19 ADOPT: 40100, 40101, 40102, 40105, 40115, 40116, 40118, 40120, 40126, 40128, 40129, 40130, 40131, 40132, 40133, 40135, 40137, 40150, 40152, 40155, 40156, 40159, 40162, 40165, 40167, 40175, 40177, 40178, 40179, 40180, 40182, 40184, 40190, 40191, 40192, 40194, 40196, 40200, 40205, 40207, 40220, 40222, 40223, 40225, 40230, 40235, 40240, 40243, 40246, 40248, 40250, 40253, 40255, 40258, 40270, 40272, 40275, 40277, 40280, 40282, 40290, 40292, 40295, 40297, 40300, 40305, 40306, 40308, 40315, 40330, 40400, 40401, 40403, 40404, 40405, 40406, 40408, 40409, 40410, 40411, 40412, 40415, 40417, 40500, 40505, 40510, 40512, 40513, 40515, 40517, 40525, 40550, 40551, and 40570 01/10/19 AMEND: 3030 12/31/18 AMEND: 94506, 94509, 94513, 94515 12/27/18 ADOPT: 95371, 95372, 95373, 95374, 95375, 95376, 95377 Title 18 03/19/19 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 710 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5626, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 01/03/19 AMEND: 1533.2, 1598 01/02/19 ADOPT: 30000, 30101, 30102, 30103, 30104, 30105, 30106, 30201, 30202, 30203, 30204, 30205, 30206, 30207, 30208, 30209, 30210, 30211, 30200.5, 30212, 30213, 30213.5, 30214, 30214.5, 30215, 30216, 30217, 30218, 30219, 30220, 30221, 30222, 30223, 30224, 30301, 30302, 30303, 30304, 30310, 30311, 30312, 30313, 30314, 30315, 30316, 30401, 30402, 30403, 30404, 30405, 30410, 30411, 30412, 30420, 30421, 30430, 30431, 30432, 30433, 30501, 30502, 30503, 30504, 30505, 30601, 30602, 30603, 30604, 30605, 30606, 30607, 30701, 30702, 30703, 30704, 30705, 30706, 30707 12/27/18 ADOPT: 3702 Title 19 11/30/18 ADOPT: 4010 Title 20 03/18/19 AMEND: 1602, 1604, 1605, 1605.1, 1605.2, 1605.3, 1606, 1607, 1608 03/18/19 AMEND: 1602, 1605, 1605.1, 1605.2, 1605.3, 1606, 1608 12/05/18 ADOPT: 1751, 1769.1, 1937, 1941, 1942, 2300 AMEND: 1201, 1209, 1211.5, 1211.7, 1212, 1231, 1232, 1232.5, 1233.1, 1233.2, 1233.3, 1233.4, 1234, 1240, 1704, 1706, 1708, 1709, 1710, 1714, 1714.3, 1714.5, 1720.2, 1745.5, 1748, 1768 (renumbered to 1749), 1769, 1936, 1940, 1943, 1944, 1945, 1946, 2308 (renumbered to 2300.1) REPEAL: 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2309 Title 22 04/23/19 ADOPT: 100450.200, 100450.201, 100450.202, 100450.203, 100450.204, 100450.205, 100450.206, 100450.207, 100450.208, 100450.209, 100450.210, 100450.211, 100450.212, 100450.213, 100450.214, 100450.215,100450.216, 100450.217, 100450.218, 100450.219, 100450.220, 100450.221, 100450.222, 100450.223, 100450.224 04/19/19 ADOPT: 100270.101, 100270.102, 100270.103, 100270.104, 100270.105, 100270.106, 100270.107, 100270.108, 100270.109, 100270.110, 100270.111, 100270.112, 100270.113, 100270.114, 100270.115, 100270.116, 100270.117, 100270.118, 100270.119, 100270.120, 100270.121, 100270.122, 100270.123, 100270.124, 100270.125, 100270.126, 100270.127 04/17/19 ADOPT: 100270.200, 100270.201, 100270.202, 100270.203, 00270.204, 100270.205,100270.206, 100270.207, 100270.208, 100270.209, 100270.210, 100270.211,100270.212, 100270.213, 100270.214, 100270.215, 100270.216, 100270.217,100270.218, 100270.219, 100270.220, 100270.221, 100270.222, 100270.223,100270.224, 100270.225, 100270.226, 100270.227, 100270.228, 100270.229 04/03/19 AMEND: 66272.62 03/27/19 ADOPT: 71900, 719001 03/22/19 ADOPT: 64417, 64418, 64418.1, 64418.2, 64418.3, 64418.4, 64418.5, 64418.6, 64418.7, 64418.8, 64419, 64420, 64420.1, 64420.2, 64420.3, 64420.4, 64420.5, 64420.6, 64420.7, 64420.8 03/21/19 AMEND: 75021 03/20/19 AMEND: 7127 03/05/19 AMEND: 66250, 66250.1, 66250.2 02/27/19 AMEND: 72329.2 02/14/19 ADOPT: 130000, 130001, 130003, 130004, 130006, 130007, 130008, 130009, 130020, 130021, 130022, 130023, 130024, 130025, 130026, 130027, 130028, 130030, 130040, 130041, 130042, 130043, 130044, 130045, 130048, 130050, 130051, 130052, 130053, 130054, 130055, 130056, 130057, 130058, 130062, 130063, 130064, 130065, 130066, 130067, 130068, 130070, 130071, 130080, 130081, 130082, 130083, 130084, 130090, 130091, 130092, 130093, 130094, 130095, 130100, 130110, 130200, 130201, 130202, 130203, 130210, 130211 12/31/18 AMEND: 66272.62 12/19/18 AMEND: 66262.41

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 18-Z 711 12/19/18 AMEND: 72329.2 12/13/18 ADOPT: 51002.5 AMEND: 51003.1 12/04/18 ADOPT: 69511.3 AMEND: 69511 12/04/18 AMEND: 20100.5 11/29/18 ADOPT: 96060, 96061, 96062, 96065, 96070, 96071, 96075, 96076, 96077, 96078, 96080, 96081, 96082, 96083, 96084, 96085, 96086, 96087 Title 22, MPP 04/03/19 ADOPT: 89600, 89601, 89602, 89632, 89633, 89637, 89662, 89667 01/15/19 ADOPT: 35064 AMEND: 31−002, 35000, 35001, 35129, 35129.1, 35152.1, 35152.2, 35177, 35179, 35181, 35183, 35211, 35215, 35315 01/08/19 AMEND: 87224, 87412 01/02/19 ADOPT: 85175, 85318, 85320, 85340, 85342, 85364, 85368.1, 85368.4, 85370, 85387, 85390, 85102, 85161, 85168, 85168.3, 85169 AMEND: 85000, 85068.2, 85375, 85100, 85101, 85118, 85120, 85122, 85140, 85142, 85164, 85165, 85168.1, 85168.2, 85168.4, 85170, 85187, 85190, 85300, 85301, 85302, 85322, 85361, 85365, 85368, 85368.2, 85368.3, 85369 Title 23 04/19/19 ADOPT: 3979.11 04/16/19 AMEND: 2925 04/08/19 AMEND: 2920 03/04/19 ADOPT: 3929.17 02/25/19 ADOPT: 3002.1 AMEND: 3002 02/19/19 ADOPT: 3949.15 01/15/19 AMEND: 597 12/19/18 AMEND: 315, 316 12/13/18 ADOPT: 3939.56 12/13/18 ADOPT: 3939.55 11/29/18 ADOPT: 335, 335.2, 335.4, 335.6 [renumbered to 335.16], 335.8 [renumbered from 335.12(a)], 335.10 [renumbered to 335.12], 335.12 [335.12(

a) renumbered to 335.8; 335.12(b)−(

c) renumbered to 335.6], 335.14 [renumbered to 335.10], 335.16 [renumbered to 335.14], 335.18, 335.20 AMEND: 310 11/29/18 ADOPT: 3919.18 Title 25 02/28/19 REPEAL: 6200, 6201, 6202, 6203 Title 27 03/12/19 ADOPT: 25607.34, 25607.35 03/11/19 AMEND: 25805 02/21/19 ADOPT: 432a, 800, 801, 802, 803 AMEND: 8, 421, 430, 439, 440 02/05/19 AMEND: 25705 12/27/18 AMEND: 27001 11/27/18 AMEND: 25603 Title 28 03/05/19 ADOPT: 1300.49 Title MPP 04/23/19 ADOPT: 30−778 02/06/19 AMEND: 41−440, 42−711, 42−716, 42−717, 44−207 01/09/19 AMEND: 42−207, 42−213, 42−215, 42−221, 80−310 12/20/18 AMEND: 40−105, 40−171, 80−301 REPEAL: 40−026

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