EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2018, NO. 38−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 21, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−0911−04 1641 Amendment Multi−County: Beta Healthcare Group Risk Management Authority Monterey Bay Air Resources District .......................................... TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Toxic Air Contaminants — Chlorpyrifos — Notice File No. Z2018−0910−04 1642.............................. TITLE 5.

BOARD OF EDUCATION Child Nutrition Programs — Notice File No. Z2018−0910−01 1644 ......................................... TITLE 11. DEPARTMENT OF JUSTICE Automated Firearms System Information Updates — Notice File No. Z2018−0910−02 1648...................... TITLE 11. DEPARTMENT OF JUSTICE California Pawn and Secondhand Dealer System Regulations — Notice File No. Z2018−0911−05 1650............. TITLE 14. FISH AND GAME COMMISSION Commercial Logbooks — Notice File No. Z2018−0911−03 1653 ............................................ TITLE 14. FISH AND GAME COMMISSION Groundfish — Notice File No.

Z2018−0911−02 1656..................................................... TITLE 14. FISH AND GAME COMMISSION Red Abalone — Notice File No. Z2018−0911−01 1658 .................................................... TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES Speech−Language Pathology Assistants — Notice File No. Z2018−0907−03 1661.............................. TITLE 23. CENTRAL V ALLEY FLOOD PROTECTION BOARD Permit and Inspection Fees — Notice File No. Z2018−0910−03 1663........................................ (Continued on next page) Time- Dated Material

GENERAL PUBLIC INTEREST BUILDING STANDARDS COMMISSION Notice of Correction (Previously Published in Notice Register 2018, No. 36−Z) 1669............................ DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination No. 2080−2018−010−02, Cottonwood Check and North Drainage Canal Lift Pump Station Projects, Sacramento and Sutter Counties 1673 .................................................................

DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination No. 1653−2018−024−001−R1, South Fork Trinity River Instream Salmon Habitat Enhancement Project, Trinity County 1676.................... DECISION NOT TO PROCEED CALIFORNIA HORSE RACING BOARD Concerning Out of Competition Testing Procedures (Previously Published in Notice Register 2018, No. 12−Z) 1678 ................................................................. DEPARTMENT OF FOOD AND AGRICULTURE Concerning Informal Hearings (Previously Published in Notice Register 2017, No. 38−Z) 1678 ...................

RULEMAKING PETITION DECISION BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Kirk Williams Concerning California Code of Regulations, Title 15,

Section 2574 1679 ...............................................

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State 1680........................................................ Sections Filed, April 11, 2018 to September 12, 2018 1681................................................ 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, S uite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Beta Healthcare Group Risk Management Authority Monterey Bay Air Resources District A written comment period has been established com- mencing on September 21, 2018, and closing on No- vember 5, 2018.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than November 5, 2018. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 9581 1, telephone (916) 322−5660. 1641

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Toxic Air Contaminants DPR Regulation No. 18−002 The Department of Pesticide Regulation (DPR) pro- poses to amend

section 6860 of Title 3, California Code of Regulations (3 CCR). The proposed regulatory ac- tion designates the pesticide chemical chlorpyrifos as a toxic air contaminant (TAC) in subsection (

a) pursuant to Food and Agricultural Code (FAC)

section 14023. SUBMITTAL OF COMMENTS Any interested person may present comments in writ- ing about the proposed action to the agency contact per- son named below. Written comments must be received no later than 5:00 p.m. on November 9, 2018. Com- ments regarding this proposed action may also be trans- mitted via e−mail <dpr18002@cdpr.ca.gov> or by fac- simile transmission at (916) 324−1491. A public hearing has been scheduled for the time and place stated below to receive oral comments regarding the proposed regulatory changes. 1 DATE: Thursday, November 8, 2018 TIME: 2:00 p.m.

PLACE: California Environmental Protection Agency Headquarters Building Sierra Hearing Room 1001 I Street Sacramento, California 95814 A DPR representative will preside at the hearing. Per- sons who wish to speak will be asked to register before the hearing. The registration of speakers will be con- ducted at the location of the hearing from 1:00 p.m. to 2:00 p.m. Generally, registered persons will be heard in 1 If you have special accommodation or language needs, please provide notice at least 10 business days before the public hearing by contacting the person named below.

TTY/TDD speech−to− speech users may dial 7−1−1 for the California Relay Service. the order of their registration. Any other person who wishes to speak at the hearing will be afforded the op- portunity to do so after the registered persons have been heard. If the number of registered persons in attendance warrants, the hearing officer may limit the time for each presentation in order to allow everyone wishing to speak the opportunity to be heard. Oral comments pre- sented at a hearing carry no more weight than written comments.

EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory ac- tion does not affect small businesses. The regulatory ac- tion adds chlorpyrifos to the TAC List in 3 CCR

section 6860(a). Pursuant to FAC

section 14023(e), the need for, and appropriate degree of, control measures for a pesticide listed as a TAC pursuant to FAC

section 14023(

d) shall be determined by DPR in consultation with the Office of Environmental Health Hazard As- sessment (OEHHA), the Air Resources Board (ARB), and the air pollution control districts or air quality man- agement districts in the affected counties. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW FAC

section 14021 defines a T AC as “an air pollutant that may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health.” As man- dated by FAC

section 14022, DPR, in consultation with OEHHA and ARB, evaluates the health effects of pesti- cides which may be, or are, emitted into the ambient air of California. FAC sections 14021−14022 describe this evaluation process. Upon completion of this evalua- tion, DPR prepares a report on the health effects of the pesticide in question. Pursuant to FAC

section 14023, the independent Scientific Review Panel (SRP) reviews this report and submits its written findings to DPR. Fol- lowing receipt of the SRP’s findings, FAC

section 14023(

d) requires DPR to “prepare a hearing notice and a proposed regulation which shall include the proposed determination as to whether a pesticide is a toxic air contaminant.” DPR evaluated chlorpyrifos and the SRP has re- viewed DPR’s reports Draft Evaluation of Chlorpyrifos as a T oxic Air Contaminant, December 2017, and Final Toxic Air Contaminant Evaluation of Chlorpyrifos, July 2018. The SRP found that chlorpyrifos should be classified as a T AC. Based upon the results of the evaluation of chlorpyri- fos and the criteria in 3 CCR

section 6864 for identify- ing pesticides as a TAC, the Director has declared chlor- pyrifos to be a TAC. The proposed regulatory action adds chlorpyrifos to

section 6860(a). 1642

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z The adoption of this regulation listing chlorpyrifos as a TAC will require DPR to further evaluate the need for additional protections to California residents pursuant to FAC

section 14023. During the process of developing this proposed regu- lation, DPR conducted a search of any similar regula- tions on this topic and has concluded that this proposed regulation is neither inconsistent nor incompatible with existing state regulations. DPR is the only agency that has the authority to regulate the sale and use of pesticides. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR has determined that the proposed regulatory ac- tion does not impose a mandate on local agencies or school districts.

There are no nondiscretionary costs or savings imposed upon local agencies that are expected to result from the proposed regulatory action. COSTS OR SA VINGS TO STATE AGENCIES DPR has determined that no savings or increased costs to any state agency will result from the proposed regulatory action. EFFECT ON FEDERAL FUNDING T O THE STATE DPR has determined that no costs or savings in feder- al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR has made an initial determination that the pro- posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR has made an initial determination that adoption of this regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES D PR is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR determined it is not likely the proposed regulatory action will impact the creation or elimination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing business with the State of California because the proposed regulation adds chlor- pyrifos to the TAC list in

section 6860(a). The adoption of this regulation listing chlorpyrifos as a TAC will require DPR to further evaluate the need for additional protections to California residents pursuant to FAC

section 14023. CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons or busi- nesses than the proposed regulatory action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law.

AUTHORITY This regulatory action is taken pursuant to the author- ity vested by FAC sections 11456 and 14023. REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 14021 and 14023. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR has prepared an Initial Statement of Reasons, and has available the express terms of the proposed ac- tion, all of the information upon which the proposal is based, and a rulemaking file. A copy of the Initial State- ment of Reasons and the proposed text of the regulation 1643

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z may be obtained from the agency contact person named in this notice. The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below. A V AILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substantial- ly the same as described in the Informative Digest. If DPR does make substantial changes to the regulation, the modified text will be made available for at least 15 days prior to adoption.

Requests for the modified text should be addressed to the agency contact person named in this notice. DPR will accept written com- ments on any changes for 15 days after the modified text is made available. AGENCY CONTACT Written comments about the proposed regulatory ac- tion; requests for a copy of the Initial Statement of Rea- sons, the proposed text of the regulation, and a public hearing; and inquiries regarding the rulemaking file may be directed to: Linda Irokawa−Otani, Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, California 95812−4015 (916) 445−3991 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following person at the same address as noted above: Edgar Vidrio, Environmental Program Manager Environmental Monitoring Branch (916) 323−2778 This Notice of Proposed Action, the Initial Statement of Reasons, and the proposed text of the regulation are also available on DPR’s Internet Home Page < http://www.cdpr.ca.gov>.

Upon request, the proposed text can be made available in another language, or an al- ternate form as a disability−related accommodation. A V AILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons mandated by Government Code sec- tion 11346.9(

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. TITLE 5. BOARD OF EDUCATION AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING NUTRITION GUIDELINES FOR SCHOOL BREAKFAST AND LUNCH NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the regulations described below after considering all comments, objec- tions, or recommendations regarding the proposed action.

PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a public hearing at 8:30 a.m. on November 5, 2018, at 1430 N Street, Room 1103, Sacramento, California. The room is wheelchair accessible. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Di- gest. The SBE requests, but does not require, that per- sons who make oral comments at the public hearing also submit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to: Patricia Alverson, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by FAX at 916−319−0155 or by email to regcomments@cde.ca. gov.

Comments must be received by the Regulations Co- ordinator prior to 5:00 p.m. on November 5, 2018. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. 1644

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z A V AILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as de- scribed in this Notice or may modify the proposed regu- lations if the modifications are sufficiently related to the original text.

With the exception of technical or gram- matical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. AUTHORITY AND REFERENCE Authority: California Education Code (EC) sections 33031, 49531, and 49531.1. References: Title 7 Code of Federal Regulations (7 CFR) sections 210.10, 220.8, and 220.9.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In 1976, the SBE adopted

Article 4 found in the Cali- fornia Code of Regulations, Title 5, Division 1,

Chapter 15, Subchapter

Article 4 created sections 15550−15565. Specifically, sections 15551, 15558, 15559, and 15560 provided

definitions, nutrition guide- lines, and meal pattern requirements for school lunches and breakfasts. Since 1976 and the adoption of

Article 4, the following changes have occurred that affect Arti- cle 4 sections 15550−15565. 1) In 1976,

Section 49531 was added to the California EC. This EC

section requires a child nutrition entity that receives federal and state funds to provide a nutritionally adequate breakfast or lunch, or both, in accordance with state and federal requirements. In addition, this EC

section specified that lunch should meet one third of the Recommended Dietary Allowances established by the National Research Council. This EC

section was last amended in 1997 to include the clarification that a breakfast meal should provide, at a minimum, one fourth of the current Recommended Dietary Allowances and for both breakfast and lunch, to incorporate the current U.S. Dietary Guidelines for Americans. 2) In 1989,

Section 49531.1 was added to the EC. This EC

section required the CDE to develop and maintain nutrition guidelines for school lunches and breakfasts, and for all food and beverages sold on public school campuses. EC

Section 33031 provides that the SBE shall adopt rules and regulations that are not inconsistent with the laws of this state. Additionally these guidelines shall include guidelines for fat, saturated fat, and cholesterol, and specify that where comparable food products of equal nutritional value are available, the food product lower in fat, saturated fat, or cholesterol shall be used. This EC

section also specified that these nutrition guidelines shall consider current recommendations for children from the California Food Guide: Fulfilling the Dietary Guidelines for Americans (previously known as the California Daily Food Guide) published by the State Department of Health Services. Note that the California Food Guide was last revised in 2006 and does not reflect the most current U.S. Dietary Guidelines for Americans. The most current U.S. Dietary Guideline for Americans is the 2015−2020 version. When reviewing and amending the regulations, the CDE considered the California Food Guide: Fulfilling the Dietary Guidelines for Americans as required by EC

Section 49531.1. The CDE did not adopt any recommendations from it because it is outdated. 3) In developing nutrition guidelines for school lunches and breakfasts, the CDE followed the most current U.S. Department of Agriculture (USDA) meal pattern requirements under 7 CFR sections 210.10 and 220.8. In 2010 the Healthy, Hunger−Free Kids Act (HHFKA) was signed into federal law. This bill was part of the reauthorization of funding for Child Nutrition Programs and requires USDA to set new nutrition standards for schools.

The HHFKA allowed USDA, for the first time in 30 years, the opportunity to reform the school lunch and breakfast programs. The new law requires updates to the meal patterns and nutrition standards for the National School Lunch Program (NSLP) and the School Breakfast Program (SBP) and aligns them with the most current U.S. Dietary Guidelines for Americans. The nutrition standards in the NSLP and SBP final rule went into effect July 2012.

The final rule requires most schools to increase the availability of fruits, vegetables, whole grains, and fat−free and low−fat fluid milk; reduce the levels of sodium, saturated fat and trans fat in meals; and to meet the nutrition needs of school children within a specified calorie range. The improvements to the school meal programs were largely based on recommendations made by the 1645

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z Institute of Medicine of the National Academies, and are to enhance the diet and health of school children, and help mitigate the childhood obesity trend. As stated above, in item 2, the CDE considered but did not adopt any recommendations from the California Food Guide: Fulfilling the Dietary Guidelines for Americans because it is outdated. In

summary, the regulations found in

Article 4 were created prior to the requirement of EC sections 49531 and 49531.1.

The proposed regulations implement changes consistent with the objectives of EC sections 49531 and 49531.1 and with the Nutrition Standards in the National School Lunch and School Breakfast Pro- grams Final Rule. (The final rule is located on the Fed- eral Register web page at https://www.federalregister. gov/documents/2012/01/26/2012−1010/nutrition− standards−in−the−national−school−lunch−and− school−breakfast−programs.) Anticipated Benefits of the Proposed Regulation The anticipated benefits of the regulations are the ef- fective and consistent implementation of statewide school nutrition standards.

This impacts the nutrition and health of students that consume school meals. Re- search shows that low−income students who eat school meals have a significantly better overall diet quality than low−income students who do not eat school meals. Research also shows strong evidence linking healthy eating and well−nourished students with improved stu- dent academic achievement.

Updating the regulations regarding revised nutrition guidelines for foods and beverages served through school breakfast and lunch will:  Provide balanced, healthy meals for school−age children that include updated nutrition guidance, such as the inclusion of fruits, vegetables, whole grains, plant−based protein foods, lean meats and low−fat dairy products.  Create alignment with the USDA NSLP and SBP nutrition standards.  Create alignment with the 2015−2020 U.S. Dietary Guidelines for Americans nutrition standards.  Create alignment with the Institute of Medicine’s nutrition standards.

Determination of Inconsistency/Incompatibility with Existing State Regulations The CDE reviewed all state regulations relating to the school lunch and breakfast nutrition guidelines and meal pattern requirements and found that none exist that are inconsistent or incompatible with these regulations. INCORPORA TION BY REFERENCE The USDA NSLP requirements (revised November 2017) are hereby incorporated by reference and can be found on the Electronic Code of Federal Regulations web page at https://www.ecfr.gov/cgi−bin/ text−idx?SID=a63a8f22070e3fd5abd5613752669627 & mc=true&node=se7.4.210_110&rgn=div8.

The USDA SBP requirements (revised November 2017) are hereby incorporated by reference and can be found on the Electronic Code of Federal Regulations web page at https://www.ecfr.gov/cgi−bin/ text−idx?SID=74c67a371cd1c7cba6cd56fe56f4c5f3 & mc=true&node=se7.4.220_18&rgn=div8. The 2015−2020 U.S. Dietary Guidelines for Ameri- cans (revised 2015) are hereby incorporated by refer- ence and can be found on the Office of Disease Preven- tion and Health Promotion Dietary Guidelines web page at https://health.gov/dietaryguidelines/2015/ guidelines.

The USDA Food Buying Guide (revised May 2017) is hereby incorporated by reference and can be found on the USDA Food Buying Guide web page at https://foodbuyingguide.fns.usda.gov. The California Food Guide (revised 2008) is hereby incorporated by reference can be found on the Califor- nia Department of Health Care Services publications web page at http://www.dhcs.ca.gov/formsandpubs/ publications/Pages/CaliforniaFoodGuide.aspx.

DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations o r class of regulations. The proposed regulations do not require a report to be made. Mandate o n local agencies and school districts: None. Cost or savings to any state agency: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Other non−discretionary costs or savings imposed on local agencies, including local educational agencies: None. Costs or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts 1646

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on housing costs: None. Effect on small businesses: The proposed regulations may have a positive effect on small businesses because the possible expansion of products has the potential to create new products and food−related businesses that focus on providing items that meet the updated nutrition standards and meal pattern requirements.

The required offerings of fruits and vegetables could provide in- creased economic benefits to small and local farmers. RESULTS OF THE ECONOMIC IMPACT ANALYSIS The SBE concludes there is potential that these pro- posed regulations may: 1) create jobs within California; 2) create new businesses within California; or 3) ex- pand businesses currently doing business within California. Benefits of the Proposed Action: The proposed amended regulations will provide current meal pat- terns. The updated meal pattern expands the number and types of food items served to students.

This may al- low for additional jobs and businesses that provide foods and beverages meeting the standards for school meals. The SBE concludes that it is unlikely that these proposed regulations will: 1) eliminate jobs within Cal- ifornia; or 2) eliminate existing businesses within California.

CONSIDERATION OF ALTERNATIVES The SBE must determine that no reasonable alterna- tive it considered or that has otherwise been identified and brought to the attention of the SBE, would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The SBE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during t he written comment period.

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Michael Danzik, Nutrition Education Consultant Nutrition Services Division California Department of Education 1430 N Street, Suite 4503 Sacramento, CA 95814 Phone: 916−445−7346 Email: mdanzik@cde.ca.gov Inquiries concerning the regulatory process may be directed to the Regulations Coordinator or the backup contact person, Hillary Wirick, Regulations Analyst, by phone at 916−319−0860.

INITIAL STATEMENT OF REASONS AND INFORMATION The SBE has prepared an Initial Statement of Rea- sons for the proposed regulation and has available all the information upon which the proposal is based. TEXT OF PROPOSED REGULATION AND CORRESPONDING DOCUMENTS Copies of the exact language of the proposed regula- tions, the Initial Statement of Reasons, and all of the in- formation upon which the proposal is based, may be ob- tained upon request from the Regulations Coordinator.

These documents may also be viewed and downloaded from the CDE’s Proposed Rulemaking and Regulations web page at http://www.cde.ca.gov/re/lr/rr/. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the Reg- ulations Coordinator. You may obtain a copy of the Final Statement of Rea- sons, once it has been finalized, by making a written re- quest to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Ameri- cans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request as- sistance by contacting Michael Danzik, Nutrition Ser- vices Division, 1430 N Street, Suite 4503, Sacramento, CA, 95814 by phone at 916−445−7346 or by email at mdanzik@cde.ca.gov. It is recommended that assis- tance be requested at least two weeks prior to the hearing. 1647

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z TITLE 11. DEPARTMENT OF JUSTICE NOTICE OF PROPOSED RULEMAKING The Department of Justice (Department) proposes to adopt sections 4350 through 4353, of Title 11, Division 5,

Chapter 13, of the California Code of Regulations.

Chapter 13 is titled “Automated Firearms System Infor- mation Updates.” Commencing on or before July 1, 2019, this new

chapter establishes the process whereby an individual may update an Automated Firearms Sys- tem (AFS) record with the Department. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed regulatory action. However, the De- partment will hold a hearing if it receives a written re- quest for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized representa- tive may submit written comments relevant to the pro- posed regulatory action. The written comment period closes at 5:00 p.m. on November 7th, 2018. Only com- ments received by that time will be considered. Written comments must be submitted to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Phone: 916−227−4217 Email: AFSregs@doj.ca.gov AUTHORITY AND REFERENCE Authority: Sections 11106, and 30370, Penal Code.

Reference: Sections 11106, and 30370, Penal Code; 1798.17, Civil Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys, the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General is charged with keeping and properly filing and managing complete records pertaining to certain firearm related data. (See Pen.

Code, § 11106.) The Department has de- termined that maintenance of this data will be facilitat- ed by the creation of a process allowing an individual to access certain portions of this data to keep it current. The recent passage of laws concerning the purchase of ammunition underscore the need for, and the benefits of, such a system. The California Code of Regulations, Title 11, Divi- sion 5,

Chapter 13, adds the following provisions:

Section 4350 specifies the title and scope of the new Chapter, the regulation for how an individual may up- date his or her AFS record with the Department.

Section 4351 specifies that a California resident can electronically update one or more AFS records through the California Firearms Application Reporting System (CFARS) to match his or her current personal information.

Section 4352 informs the individual of the Depart- ment’s Privacy Notice and requires the individual to agree to the release of the individual’s personal infor- mation to representatives of the Department in order for the Department to process an AFS record update.

Section 4353 specifies the information that an indi- vidual shall enter into the CFARS in order to update an AFS record with the Department. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The anticipated benefit of the proposed regulations is that they will provide a convenient, inexpensive, and secure way for an individual to keep his or her firearms− related information current with the Department. That, in turn, will facilitate the purchase of ammunition and the management of firearm ownership information.

EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULA TIONS Pursuant to Government Code 11346.5, subdivision (a)(3)(D), the Department shall evaluate whether the proposed regulation is inconsistent or incompatible with existing state regulations. Pursuant to this evalua- tion, the Department has reviewed existing regulations pertaining to firearms within California Code of Regu- lations (“CCR”) Title 11, Division 5, and determined that these proposed regulations are not inconsistent or incompatible.

This determination is based on the fact that there are no regulations currently existing which address the same process. 1648

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z COMPARABLE FEDERAL REGULATIONS The proposed regulations are not mandated by feder- al statute or regulation. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: There will be a cost for the Department to hire additional personnel to verify each AFS record update and additional cost to maintain the AFS.

The Department projects there will be approximately one million (1,000,000) AFS record updates completed in the first year that these regula- tions are in effect. Cost to any local agency or school district which shall be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a Private Person or Business: The Department is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Business report requirement: None. Significant effect on housing costs: None. Small business determination: The Department has determined that the proposed regulation will not affect the creation or elimination of businesses because the new AFS update system only pertains to individuals with firearm−related information — not to businesses.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS Assessment regarding effect on jobs/businesses. Adoption of the proposed regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California. The Department’s determination on items (1) through (3) is based on the fact that the new AFS update system only pertains to individuals with firearm− related information — not to businesses.

(4) Benefits of the Proposed Regulation: The anticipated benefits of the proposed regulations are that they will help provide a convenient, inexpensive, and secure way for an individual to keep his or her firearms−related information current with the Department. That, in turn, will facilitate the purchase of ammunition and the management of firearm ownership information. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the at- tention of the Department would be more effective in carrying out the purpose for which the action is pro- posed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

Any person interest- ed in presenting statements or arguments with respect to alternatives to the proposed regulations may do so at the scheduled hearing or during the written comment period. CONTACT PERSONS Please direct inquiries concerning the proposed administrative action to: Jessie Romine Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Phone: (916) 227−4217 Email: AFSregs@doj.ca.gov The back−up contact person for these inquiries is: Jacqueline Dosch Bureau of Firearms Division of Law Enforcement Department of Justice P.O.

Box 160487 Sacramento, CA 95816−0487 Phone: (916) 227−7614 Email: AFSregs@doj.ca.gov 1649

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z A V AILABILITY OF RULEMAKING FILE INCLUDING THE INITIAL STATEMENT OF REASONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process. The text of the proposed regulation (the “express terms”), the initial statement of reasons, and the information upon which the proposed rulemak- ing is based are available at the Department’s website at http://oag.ca.gov/firearms/regs. Copies may also be ob- tained by contacting Jessie Romine.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days and accept written comments before the Department adopts the regulations. Copies of any modified text will be avail- able on the Department’s website at http://oag.ca.gov/firearms/regs.

A written copy of any modified text may be obtained by contacting Jessie Romine. A V AILABILITY OF FINAL ST ATEMENT OF REASONS Upon completion, the final statement of reasons will be available on the Department’s website at http://oag. ca.gov/firearms/regs. You may also obtain a written copy of the final statement of reasons by contacting Jessie Romine.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format, as well as the Final Statement of Reasons once completed, are available on the Department’s website at http://oag.ca.gov/ firearms/regs. TITLE 11. DEPARTMENT OF JUSTICE TITLE 11. LAW DIVISION 1.

ATTORNEY GENERAL Notice is hereby given that the Department of Justice (DOJ) proposes to amend the California Code of Regu- lations in order to administer the requirements of the California Pawn and Secondhand Dealer System (CAPSS) set forth in Business and Professions Code (B&PC)

section 21625, et seq., by adopting

Chapter 20, of Division 1, of Title 11.

Chapter 20 contains articles 1, 2, and 3, and sections 2000, 2001, 2002, 2003, 2004, 2005 and 2006. PUBLIC HEARING The DOJ will conduct a public hearing at the time and place noted below to consider a proposed adoption of a regulation to administer the requirements of the Cali- fornia Pawn and Secondhand Dealer System. DATE: November 9, 2018 TIME: 10:00 a.m. PLACE: Ziggurat Building — Auditorium 707 3rd St.

West Sacramento, CA 95605 WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may present comments orally or in writ- ing at the hearing and may submit written comments relevant to the proposed regulatory action to the contact persons listed below before the hearing. Comments may also be submitted by facsimile (FAX) to (916) 227−3774 or by e−mail to CAPSSpublichearing@doj. ca.gov. The public comment period for this regulatory action will begin on September 21, 2018.

To be consid- ered by the DOJ, written comments not physically sub- mitted at the hearing must be submitted on or after Sep- tember 21, 2018, and received no later than 5:00 p.m. on November 6, 2018, and addressed to the following: Michelle Land, Associate Governmental Program Analyst California Department of Justice Bureau of Criminal Identification and Investigative Services 4949 Broadway Sacramento, CA 95820 Email: CAPSSpublichearing@doj.ca.gov 1650

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z Or Darcee Jouganatos, Associate Governmental Program Analyst California Department of Justice Bureau of Criminal Identification and Investigative Services 4949 Broadway Sacramento, CA 95820 Email: CAPSSpublichearing@doj.ca.gov Please note that under the California Public Records Act (Government Code (GC),

section 6250 et seq.), your written and oral comments, attachments, and asso- ciated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE This regulatory action is proposed under the authority granted in B&PC sections 21628, 21628.2, 21630, 21636, 21641, 21642, and 21647, and Financial Code (FC) sections 21300, 21301, and 21303. This action is proposed to implement, interpret, and make specific B&PC sections 21628, 21628.2, 21630, 21636, 21641, 21642, and 21647, and FC sections 21300, 21301, and 21303.

INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Background and Effect of the Proposed Rulemaking: B&PC

section 21628 directed the DOJ to develop the CAPSS, a new single, statewide, uniform electronic re- porting system that receives secondhand dealer reports (AB 391,

Chapter 172, Statutes of 2012). The CAPSS is part of a program aimed at protecting the public from the dissemination of stolen property and assisting crim- inal investigations in tracing and recovering stolen property. There are no existing regulations regarding the CAPSS that outline specific and unambiguous re- porting requirements. This rulemaking action makes specific the aspects of the CAPSS enabling statutes, ensuring pawnbrokers and secondhand dealers can comply with legislated re- porting mandates.

Objectives and Benefits of the Proposed Regulation: The objective of the proposed rulemaking action is to ensure uniformity of the reports being submitted and t he mechanisms through which they are submitted, thus furthering the intent of the CAPSS and protecting the safety of the property of the citizens of California. Comparable Federal Regulations There are no existing federal regulations or statutes comparable to the proposed regulations.

Determination of Inconsistency and Incompatibility with Existing State Regulations The DOJ has determined that this proposed regula- tion is not inconsistent or incompatible with existing regulations. After conducting a review for any regula- tions that would relate to or affect this area, the DOJ has concluded that these are the only regulations that con- cern the CAPSS. DOCUMENTS INCORPORATED BY REFERENCE None. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed regulations are not mandated by feder- al law or regulations. OTHER STATUTORY REQUIREMENTS None.

DISCLOSURES REGARDING THE PROPOSED REGULATION The DOJ has made the following initial determinations: LOCAL MANDATE/FISCAL IMPACT The DOJ has determined that the proposed regulatory action would not create costs or savings to any State agency or in federal funding to the State, costs or man- dates to any local agency or school district, whether or not reimbursable by the State pursuant to GC, Title 2, Division 4,

Part 7 (commencing with

section 17500), or other nondiscretionary costs or savings to State or local agencies. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The DOJ has made an initial determination that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California business- e s to compete with businesses in other states, or on rep- resentative private persons. 1651

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) Effect on Jobs/Businesses: T he DOJ has determined that the proposed regulatory action would not affect the creation or elimination of jobs within the State of California, or the creation of new business or elimination of existing businesses, or the expansion of businesses currently doing business within the State of California.

This determination is based on the fact that this proposed action will not im- pose any significant cost or other adverse economic im- pact on pawnbrokers and secondhand dealers not al- ready imposed by the statute. Furthermore, this pro- posed action would have no impact on any other busi- nesses or jobs.

Benefits of the Proposed Regulation: By clarifying and making specific aspects of the sin- gle, statewide, uniform electronic reporting system known as CAPSS and corresponding reporting man- dates, these proposed regulations further the objectives of the authorizing legislation, which includes protect- i ng the public from the dissemination of stolen property and assisting criminal investigations in tracing and re- covering stolen property, thus protecting the safety of the property of the citizens of California. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES B&PC

section 21642.5(

a) mandates that the DOJ im- pose a fee not to exceed three hundred dollars ($300) to recover its actual costs. These regulations set the initial license fee and license renewal fee both at three hundred dollars ($300), as determined by a budgetary analysis. The initial license fee will not be applicable to those ex- isting licensed pawnbrokers and secondhand dealers because they are already licensed. The renewal license fee is due every other year. Apportioned annually (for purposes of this assessment), this constitutes a one hun- dred and fifty dollar ($150) fee.

The DOJ is not aware of any other cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. BUSINESS REPORT The proposed regulations will not require the submis- sion of reports from a business. SMALL BUSINESS The proposed regulations will have no significant economic impact on small businesses and private per- sons. The proposed regulations affect only those indi- viduals currently subject to the provisions of B&PC

section 21628, et seq. The DOJ is not aware of any cost impacts, other than the statutorily mandated fees for pawnbrokers and secondhand dealers, that a representa- tive private person or business would necessarily incur in reasonable compliance with the proposed action. Even if the statutorily mandated fees are construed to be an economic impact attributable to these regulations, the fee will not have a significant economic impact on small businesses. HOUSING COSTS There will be no significant effect on housing costs.

ALTERNATIVES INFORMATION Before taking final action on the amendments, the DOJ must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to its attention, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost−effective to affected persons and equally ef- fective in implementing the statutory policy or other provision of law.

The DOJ invites interested persons to present state- ments or arguments, with respect to alternatives, to the proposed regulations during the 45−day written com- ment period. CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the designated agency contact persons: Michelle Land, Associate Governmental Program Analyst, Bureau of Criminal Identification & Investigative Services, at (916) 210−3191.

The back−up contact for these inquiries is Darcee Jouganatos, Associate Governmental Program Analyst, Bureau of Criminal Identification & Investiga- tive Services, at (916) 210−3192. A V AILABILITY OF DOCUMENTS The DOJ has prepared an Initial Statement of Rea- sons (ISOR) for the proposed rulemaking action and a listing of the exact regulations proposed. Copies of the ISOR and the full text of the proposed regulatory language, or other information upon which 1652

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z the rulemaking is based may be obtained from the DOJ contact persons in this notice, or may be accessed through the Attorney General’s website below. A V AILABILITY OF CHANGED OR MODIFIED TEXT This regulatory proceeding will be conducted in ac- cordance with the California Administrative Procedure Act, GC, Title 2, Division 3,

Part 1,

Chapter 3.5 (com- mencing with

section 11340). After the DOJ analyzes all timely and relevant com- ments received during the 45−day public comment peri- od, the DOJ will either adopt the regulations as de- scribed in this notice, or make modifications based on the comments. If the DOJ makes modifications which are sufficiently related to the original text of the pro- posed regulations, the amended text, with the changes clearly indicated, will be made available for an addi- tional 15−day public comment period, before the DOJ adopts the regulations.

The DOJ will accept written comments on the modifications to the regulations dur- ing the 15−day public comment period. A V AILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the agency contact persons in this notice, or may be ac- cessed on the Attorney General’s website listed below. A V AILABILITY OF DOCUMENTS ON THE INTERNET This notice, the ISOR, and all subsequent regulatory documents for this rulemaking are available on the Attorney General’s website at http://oag.ca.gov /meetings/public−participation. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 1050, 7857, 7892, 8026, 8394, 8681 and 8682 of the Fish and Game Code and to implement, interpret or make specific sections 1050, 1700, 7852.2, 7857, 7892, 8026, 8394, 8394.5, 8568, 8573, 8577, 8680, 8681, 8682, 8683 and 8841 of said Code, proposes to amend sections 107, 174 and 176, Title 14, California Code of Regulations, relating to commercial logbooks.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW It is necessary to amend sections 107, 174 and 176, Title 14, California Code of Regulations (CCR) in order to eliminate the use of California forms by the affected fisheries in favor of federal forms. The National Ocean- ic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) either has or is in process of developing federal logs that will more accu- rately reflect the catch and discard in federally managed fisheries for highly migratory species (HMS) and groundfish under the federal Trawl Individual Quota (TIQ) program.

Under current regulations (subsection 107(c), Title 14, CCR) all State swordfish harpoon permittees are re- quired to complete a State Swordfish Harpoon Log (DFG 107). The information required on this log is specifically related to fish behavior and catch success and does not include bycatch information. The log does not provide location information beyond fishing block that is included on landing receipts. Current federal reg- ulation (CFR 660.708) requires completion of either a state or federal log for all federal HMS fishing activity.

Additionally, under current regulations (subsection 174(f), Title 14, CCR) all state general gill/trammel net permittees are required to complete a State Gill and Trammel Net Fishing Log (DFG 174). This includes State large mesh drift gill net permittees, as described in Fish and Game Code

Section 8573, who are also re- quired to have a general gill/trammel net permit. Cur- rent federal regulation (CFR 660.708) requires comple- tion of either a state or federal log for all federal highly migratory species (HMS) fishing activity, including drift gill net. These permittees are required to carry a federal observer upon request to accurately document the incidental take of sea turtles, marine mammals, and seabirds.

The State’s General Gill/Trammel Net Fish- ing Log (DFG 174) does not record discard information for federal Endangered Species Act (ESA)−listed species needed for managing the federal HMS large mesh drift gill net fishery. Current regulations (Section 176, Title 14, CCR) re- quire that all trawl vessel operators fill out a State Trawl Trip Log (DFG 176). Additionally, current federal reg- ulation (CFR 660.13) requires that federal groundfish TIQ permittees complete a state trawl log. The Pacific Fishery Management Council is adopting electronic monitoring for the groundfish TIQ fishery.

Additional- ly, there is a need for real time data collection of catch as well as discards so that TIQ quota accounts can be up- dated within 48 hours. Waiting for a paper log to be sub- mitted and entered into a database could result in TIQ vessels exceeding their individual quotas, given that the timing of logbook submission varies by state (Califor- 1653

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z nia requires that they be submitted monthly). The State’s Trawl Trip Log (DFG 176) does not record need- ed discard information of federal groundfish species necessary for catch accounting under the federal Trawl Individual Quota (TIQ) program. AMEND

SECTION 107 Subsection 107(

c) would be deleted eliminating the need for State logs recording swordfishing activities, and subsections (d)−(

h) would be renumbered and Form Swordfish Harpoon Log, DFG 107 (10/90) is deleted from Appendix A. AMEND

SECTION 174 Subsection 174(

f) would be amended to exempt fish- ermen from the State log requirement: (1) targeting highly migratory species, and (2) using large mesh (greater than 14 inch) drift gill nets. AMEND

SECTION 176

Section 176, Title 14, CCR, requires all trawl fisher- men to fill out a Trawl Trip Log (DFG 176), but does not specify which fisheries, thus some fishermen targeting invertebrates fill out the Trawl Trip Log (DFG 176) while other fill out the Shrimp/Prawn Trawl Log (DFG 120). To clarify the logbook requirement for each State managed fishery and to eliminate any potential redun- dancy between State and federal regulations for the groundfish trawl fishery,

Section 176, Title 14, CCR, would be amended as follows:  The first paragraph of

Section 176 is deleted and rewritten as Subsection 176(

a) and would require completion of the Trawl Trip Log (DFG 176) by these fisheries:  subsection (a)(1) all California halibut bottom trawl permittees.  subsection (a)(2) any finfish trawl fisheries without a specific permit to complete the Trawl Trip Log (DFG 176).  Subsection (

b) exempts federal TIQ permittees targeting federal groundfish from the state trawl log requirement.  Subsection 176(

c) would require completion of the Shrimp/Prawn Trawl Log (DFG 120) by these fisheries:  subsection (c)(1) all golden/ridgeback prawn trawl, northern pink shrimp trawl, and southern pink shrimp permittees.  subsection (c)(2) all sea cucumber trawl permittees.  subsection (c)(3) any invertebrate trawl fishery without a specific permit. BENEFIT OF THE REGULATIONS Currently, the permittees in these fisheries complete multiple forms for both the State and federal govern- ments.

The State forms do not provide additional infor- mation that is necessary for managing the fisheries and, in some cases, will be replaced by more comprehensive electronic monitoring and logbooks. By eliminating the need for State forms and relying on the improved re- porting on federal forms, and potentially the electronic forms, the fishery benefits from less paperwork and the State benefits from a better and more useful format for information gathering. The State also benefits from a reduction in staff time and expenses surrounding print- ing, processing, and maintaining these unnecessary forms.

CONSISTENCY WITH STATE REGULATIONS Department staff has conducted a review of the Cali- fornia Code of Regulations and determined that the pro- posed regulations are neither inconsistent nor incom- patible with existing State regulations. No other State agency has the statutory authority to amend regulations pertaining to the logbooks used by these fisheries.

NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the QLN Conference Center, 1938 Avenida del Oro, Oceanside, California, on Wednesday, December 12, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is request- ed, but not required, that written comments be submit- ted on or before 5:00 p.m. on November 29, 2018, at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed (to Fish and Game Commis- sion, PO Box 944209, Sacramento, CA 94244−2090), or emailed to the Commission office, must be received before 12:00 noon on December 7, 2018. All comments must be received no later than December 12, 2018, at the hearing in Oceanside, California. If you would like copies of any modifications to this proposal, please in- clude your name and mailing address.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission’s website at www.fgc.ca.gov. The reg- ulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and 1654

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899. Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Valerie Termini or Sheri Tiemann at the preceding address or phone number. Traci Larinto, Sr. Environmental Specialist, Department of Fish and Wildlife, has been designated to respond to questions on the substance of the proposed regula- tions. Ms. Larinto can be reached at (562) 355−7061 or by email at Traci.Larinto@wildlife.ca.gov.

A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This rulemaking proposes to increase clarity and efficiency by removing the state logbook requirement for various state and federal fisheries. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California because this rulemaking proposes to increase clarity and efficiency by removing the state logbook requirement for various state and federal fisheries.

As stated under the Informative Digest/Policy Statement Overview above, these proposed regulations will provide for more improved and comprehensive monitoring systems, which will benefit fishermen and the state in terms of more streamlined submission requirements and administrating processing and ultimately benefit the management of California fisheries. (

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

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Department would realize a savings of about $30,000 annually in printing and mailing costs as well as time−savings for existing personnel. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1). CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more 1655

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 275, 702, 7071 and 8587.1 of the Fish and Game Code and to imple- ment, interpret or make specific sections 200, 205, 240, 265, 275, 1802, 7071 and 8585.5 of said Code and Title 50, Code of Federal Regulations,

Part 660, Subpart G, proposes to amend 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10 and 150.16, Title 14, California Code of Regulations, relating to Recreational and Com- mercial Fishing Regulations for Federal Groundfish and Associated Species for Consistency with Federal Rules for 2019 and 2020. INFORMATIVE DIGEST/POLICV STATEMENT OVERVIEW Biennially, the Pacific Fishery Management Council (PFMC) reviews the status of west coast groundfish populations.

As part of that process, it recommends groundfish fisheries harvest limits and regulations aimed at meeting biological and fishery allocation goals specified in law or established in the Pacific Coast Groundfish Fishery Management Plan (FGFMP). These recommendations coordinate west coast man- agement of recreational and commercial groundfish fisheries in the Exclusive Economic Zone (EEZ) (three to 200 miles offshore) off Washington, Oregon and Cal- ifornia.

These recommendations are subsequently im- plemented as federal fishing regulations by the National Oceanic and Atmospheric Administration National Marine Fisheries Service NOAA Fisheries. Regulatory authority for most nearshore stocks is shared jointly between State and federal governments. For consistency, the California Fish and Game Com- mission (Commission) routinely adopts regulations to bring State law into conformance with federal law for groundfish and other federally managed species.

Nearshore stocks are managed based on both PFMC− established federal annual catch limits (ACL), and Commission−established total allowable catch (TAC) values. ACLs and TACs serve the same purpose of set- ting a limit on catch. Current regulations establish recreational season lengths, depth constraints, methods of take, and size, bag and possession limits within the five groundfish management areas for all federal groundfish and associ- ated species.

Current State regulations also provide for a statewide TAC for cabezon and greenlings of the genus Hexa- grammos along with allocation of these TACs between the recreational and commercial fishery sectors, and commercial trip limits for cabezon and greenling. Until recently, TACs specified in Title 14 have been lower than the ACLs established in federal regulations. Start- ing in 2019, the federal ACL for cabezon will be lower than the State TAC. Modest increases to trip limits can be accommodated under federal ACLs since commercial cabezon and greenling landings have fallen below ACLs in recent years.

Summary of Proposed Amendments The Department of Fish and Wildlife (Department) is proposing the following regulatory changes to be con- sistent with PFMC recommendations for federal groundfish regulations in 2019 and 2020. This ap- proach will allow the Commission to adopt State recre- ational groundfish regulations to timely conform to those taking effect in federal ocean waters in January 2019. The proposed regulatory changes will implement the following changes: 1.

Increase the allowable depth for the recreational groundfish fishery from 60 to 75 fathoms in the Southern Management Area and from 20 to 40 fathoms in the Cowcod Conservation Area; 2. Increase the recreational season length for groundfish in the San Francisco Management Area by two weeks; 3. Increase the recreational season length for California scorpionfish by removing the September 1 to December 31 closure in the Mendocino, San Francisco, Central and Southern Management Areas; 4. Increase the recreational bag limit for canary rockfish from one to two fish statewide; 5.

Decrease the recreational bag limit for lingcod from two to one fish in Mendocino, San Francisco, Central, and Southern Management Areas; 6. Replace language referencing numerical values for cabezon and greenling total allowable catch limits with references to federal annual catch limits in federal regulation; 7. Eliminate language referencing allocation limits for cabezon and greenling from

Section 52.10; and 8. Increase commercial trip limits to 500 pounds for cabezon and 250 pounds for greenling. The benefits of the proposed regulations are consis- tency with federal law, sustainable management of 1656

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z groundfish resources and promotion of businesses that rely on recreational and commercial groundfish fishing. The proposed regulations are neither inconsistent nor incompatible with existing State regulations. The Leg- islature has delegated authority to the Commission to adopt fishing regulations (Fish and Game Code, sec- tions 200, 205 and 265).

The proposed regulations are consistent with regulations for fishing in marine pro- tected areas (Section 632, Title 14, CCR), with Nearshore Fishery Management Plan regulations (Sec- tions 52.00 through 52.10, Title 14, CCR) and with gen- eral fishing regulations in Chapters 1 and 4 of Subdivi- sion 1 of Division 1, Title 14, CCR. Commission staff has searched the California Code of Regulations and has found no other State regulations related to the take of groundfish.

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

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

Section 220 to

Section 275 of the Fish and Game Code. In accordance with these changes to the Fish and Game Code, sections 202 and 220 are removed from, and sections 265 and 275 are added to, the authority and reference citations for this rulemaking. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Radisson Fresno Conference Center, 1055 Van Ness Avenue, Fresno, California, on Wednesday, October 17, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held at the QLN Confer- ence Center, 1938 Avenida del Oro, Oceanside, Califor- nia, on Wednesday, December 12, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is re- quested, but not required, that written comments be submitted on or before 5:00 p.m. on November 29, 2018, at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed (to Fish and Game Com- mission, PO Box 944209, Sacramento, CA 94244−2090), or emailed to the Commission office, must be received before 12:00 noon on December 7, 2018. All comments must be received no later than De- cember 12, 2018, at the hearing in Oceanside, Califor- nia. If you would like copies of any modifications to this proposal, please include your name and mailing address.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission’s website at www.fgc.ca.gov. The reg- ulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Valerie Termini or Sheri Tiemann at the preceding address or phone number. Laura Ryley, Environmental Scientist, Department of Fish and Wildlife, has been designated to respond to ques- tions on the substance of the proposed regulations. Ms. Ryley can be reached at (831) 649−7142 or by email or at Laura.Ryley@wildlife.ca.gov.

A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: 1657

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The Department anticipates increased opportunities for the recreational and commercial groundfish fishery in 2019−2020 compared to 2018. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any significant impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California.

The Department anticipates increased opportunities for the recreational and commercial groundfish fishery in 2019−2020 compared to 2018. The Commission anticipates benefits to the health and welfare of California residents. Participation in sport fisheries opportunities fosters conservation through education and appreciation of California’s wildlife. The Commission does not anticipate any benefits to worker safety. The Commission anticipates benefits to the environment by the sustainable management of California’s sport and commercial fishing resources. (

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

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

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

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

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

Part 7 (commencing with

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

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

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 260, 265, 399, 5520, 5521, and 7149.8 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 265, 275, 5520, 5521, 7145 and 7149.8 of said Code, proposes to amend

Section 29.15, Title 14, Cali- fornia Code of Regulations, relating to recreational take of red abalone. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Red abalone is a resource currently managed by the California Department of Fish and Wildlife (Depart- ment) under the Abalone Recovery and Management Plan (ARMP). The Fish and Game Commission (Com- mission) is the decision−making body that regulates the recreational take of abalone (sections 200 and 205, Fish and Game Code).

In September 2017, the Department identified wide− sweeping changes in density, occurrence, depth distri- bution, size and health of red abalone as well as the kelp upon which it depends for food. In addition, the Depart- ment found that the average density of red abalone pop- ulations has declined below the ARMP fishery closure trigger (0.30 abalone/m 2), indicating that the stock could no longer support a fishery. In December 2017, the Commission adopted regulations to close the abalone fishery consistent with the ARMP and Depart- ment findings. The Commission also adopted a sunset 1658

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z provision for the closure; the fishery would re−open on April 1, 2019, or upon adoption of a Red Abalone Fish- ery Management Plan (FMP) and the guidance it pro- vides for fishery reopening, whichever comes first. The regulations closing the recreational abalone fishery be- came effective on March 29, 2018. Current recreational abalone fishing regulations in

Section 29.15, Title 14, California Code of Regulations (CCR) specify: open areas, season, hours, daily limits, special gear provisions, measuring devices, abalone re- port card requirements, and minimum size limit. Sub-

section 29.15(

i) closes all ocean waters to the take of abalone beginning on April 1, 2018. This regulation is only in effect until April 1, 2019; if the regulations are not amended to delete or extend that date (subsection 29.15(j)), the fishery will re−open on April 1, 2019, which will allow for the recreational take of abalone in open fishing areas during the open season (subsections 29.15(a), (b), and (c)). Since the closure of the recreational fishery, the De- partment has found no meaningful changes in the abalone resource conditions.

The limited data the De- partment has from public reports of dead or dying abalone washing ashore during this past winter and spring corroborates the findings of no meaningful posi- tive changes. Department concludes that re−opening the fishery at this time would be inconsistent with the ARMP and detrimental to the recovery of the fishery. The Commission is proposing to amend subsection 29.15(

j) to extend the closure of the abalone fishery for another two years, until April 1, 2021. Effective dates for take and possession contained in subsections 29.15 (a), (

b) and (

c) of the abalone fishing regulations would be updated as well to reflect the proposed change. The action is necessary to facilitate recovery of the red abalone population while the preparation of the Red Abalone FMP is currently underway. BENEFITS OF THE REGULATIONS The proposed extension of the red abalone fishery closure will benefit the valuable red abalone resource by protecting it from fishing mortality during the cur- rent poor environmental conditions. Further conserving the red abalone resource now will allow it the opportu- nity to rebuild and be sustainable for the future.

CONSISTENCY AND COMP ATIBILITY WITH EXISTING REGULATIONS The Legislature has delegated authority to the Com- mission to promulgate recreational fishing regulations (Fish and Game Code, sections 200, 205, and 265); no other state agency has the authority to promulgate such regulations. The Commission has conducted a search of T itle 14, CCR and determined that the proposed regula- tion is neither inconsistent nor incompatible with exist- ing State regulations and that the proposed regulations are consistent with other recreational fishing regula- tions and marine protected area regulations in Title 14, CCR.

NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Radisson Fresno Conference Center, 1055 Van Ness Avenue, Fresno, California, on Wednesday, October 17, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held at the QLN Confer- ence Center, 1938 A venida del Oro, Oceanside, Califor- nia, on Wednesday, December 12, 2018, at 8:00 am., or as soon thereafter as the matter may be heard. It is re- quested, but not required, that written comments be submitted on or before 5:00 p.m. on November 29, 2018, at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed (to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244−2090), or emailed to the Commission office, must be received before 12:00 noon on December 7, 2018. All comments must be received no later than De- cember 12, 2018, at the hearing in Oceanside, Califor- nia. If you would like copies of any modifications to this proposal, please include your name and mailing address.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission’s website at www.fgc.ca.gov. The reg- ulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Valerie Termini, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Valerie Termini or Sheri Tiemann at the preceding address or phone number. Tom Mason, Sr. Environmental Scientist, Department of Fish and Wildlife, has been designated to respond to questions on the substance of the proposed regula- tions. Mr. Mason can be reached at (562) 342−7107 or by email at Tom.Mason@wildlife.ca.gov. 1659

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states because the regulatory action is not likely to significantly increase compliance costs, may or may not significantly impact fishery activity, and only applies to a fishery that is unique to the state of California. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California.

The Commission anticipates generalized benefits to the health and welfare of California residents through the sustainable management of the red abalone fishery. The Commission does not anticipate any benefits to worker safety. The Commission anticipates benefits to the State’s environment. The proposed action is designed to ensure the sustainability and quality of the fishery, promoting participation, fishing activity, and economic activity. (

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

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: No new costs or savings to State agencies. However, the proposed abalone fishery closure would result in the continued reduction in abalone report card sales with revenue deficits to the California Department of Fish and Wildlife of about $533,375 for the 2019−20 and 2020−21 fiscal years based on the typical sales of 25,100 at $21.25 per card. Federal funding to the state would not be impacted by this proposed change in recreational abalone fishing regulations. (

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

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

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

Part 7 (commencing with

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

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1). 1660

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 17.

DEPARTMENT OF DEVELOPMENTAL SERVICES Speech−language Pathology The Department of Developmental Services (Depart- ment) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the contact listed below. The written comment period closes at 5:00 p.m. on November 9, 2018. The Department will only consider comments received by that time.

CONTACT Sharon DeRego, Manager Monitoring and Family Services Branch Department of Developmental Services 1600 9th Street, Room 320, MS 3−11 Sacramento, CA 95814 FACSIMILE: (916) 654−3681 EMAIL: Sharon.DeRego@dds.ca.gov PUBLIC HEARING The Department has not scheduled a public hearing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period.

Copies of the express terms of the proposed regula- tion and the Initial Statement of Reasons are available from the contact listed above. This notice, the Initial Statement of Reasons and the text of the proposed regu- lations upon which the rulemaking is based, are avail- able from Ms. DeRego at the contact information listed above. This notice, the Initial Statement of Reasons and the text of the proposed regulations are also available on the Internet at are also available at http://www.dds.ca. gov/ProposedRegs.

Following the public hearing, copies of the Final Statement of Reasons will be avail- able from the office listed above once it is prepared. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW Currently, speech−language pathology assistants (SLPA) are recognized as licensed paraprofessionals by th e California Business and Professions Code, Sections 2530−2537.5; however, California Code of Regula- tions, Title 17 does not identify a SLPA as an available provider for developmental services.

This disparity be- tween the codes and regulations in California limits the number of qualified providers available to provide de- velopmental services. This may lead to services being unavailable on a timely basis as required for Califor- nia’s implementation of Individuals with Disabilities Education Act (IDEA),

Part C, (20 United States Code (USC),

Section 1431 et seq.). The Department proposes to amend CCR, Title 17 to more accurately reflect the range of speech−language pathologists’ (SLP) responsibilities and supervisory duties as it relates to the SLPAs. Further, the inclusion of speech−language pathology services as a group prac- tice in these particular proposed amendments to Title 17 regulations increases the availability of the number of currently licensed professionals in the field, namely speech−language pathology assistants.

As proposed, providing more clarity and consistency between the two set of regulations will increase the number of providers of services for speech−language pathology. As these are the only regulations dealing with this subject matter for people with developmental disabili- ties, the Department finds that the proposed regulations are compatible and consistent with the intent of the Lanterman Act and other existing state statute and regulations.

Section 54342 (75)(A): Describes the service code used for a vendor providing speech−language patholo- gy services for developmental services. Corrections and additions are included in the proposed regulation. These changes correct the Title 17 language to align with the scope of practice for SLPs.

Section 54342 (75)(B): T o add SLPAs as provider of services for developmental services when supervised 1661

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z by a SLP, as authorized in the California Business and Professions Code, Sections 2538−2538.7.

Section 54319 (

a) Group Practices: To add speech pathology services as an authorized category to vendor a group practice for developmental services. This is a necessary business model in order to provide SLP su- pervision of the SLPAs. Anticipated Benefits The proposed amendment will indirectly impact the health and welfare of the infants and toddlers in the Ear- ly Start program as the proposed amendments provide for the more readily available speech−language pathol- ogy services through the inclusion of speech−language pathology assistance in these services.

After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that con- cern these service providers in relation to the early inter- vention services for infants and toddlers in California. As these are the only regulations dealing with this sub- ject matter for infants and toddlers with developmental disabilities in the Early Start program, the Department finds that the proposed regulations are compatible and consistent with existing state statute and regulations.

LOCAL MANDATE STATEMENT These regulations do not constitute a mandate on lo- cal agencies or school districts. FISCAL IMPACT Cost or savings to any state agency: Zero. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: None.

The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The Department has made an initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

SMALL BUSINESS IMPACT STA TEMENT The Department has determined that there may be an impact on small businesses as a result of filing of these regulations. Businesses that employ SLPs and SLP As may be impacted by this regulation. These regulations do not create a burden on businesses and it is not re- quired that any business must employ a SLPA. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed amendments to the regulations may create new opportunities for SLP businesses and the employment of SLPAs.

These regulations are expected t o improve the health and welfare of infant and toddlers with disabilities in California who are in the Early Start program through increased accessibility and timely ser- vices provided by the regional centers. The proposed amendments do not represent any poli- cy shift in administrating the Early Start program for the state.

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

STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department has deter- mined that there is no reasonable alternative to be con- sidered or that has otherwise been identified and brought to the attention of the Department that would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less bur- densome to affected private persons than the proposed action or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. 1662

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z AUTHORITY AND REFERENCE Authority: Welfare and Institutions Code sections 4405, 4686.3; and Government Code

Section 11152. Reference: Welfare and Institutions Code sections 4631, 4648(

a) and 4691; and Business and Professions Code sections 2530−2537.5 and 2538−2538.7. CONTACT PERSON REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Sharon DeRego (916) 654−1605 Backup: Emily Woolford (916) 654−2048 TITLE 23. CENTRAL V ALLEY FLOOD PROTECTION BOARD TITLE 23, DIVISION 1 PERMIT AND INSPECTION FEES NOTICE IS HEREBY GIVEN that the Central Val- ley Flood Protection Board (CVFPB) proposes to adopt regulations pertaining to permit and inspection fees by amending the California Code of Regulations, Title 23, Division 1,

Section 8. PUBLIC HEARING A public hearing on the proposed regulations will be held during the CVFPB’s regular business meeting de- scribed below: DATE: November 16, 2018 TIME: 9:00 a.m. PLACE: Sacramento City Hall, 1st Flood Council Chambers 915 I Street Sacramento, CA 95814 The hearing will be an item on the regular business meeting agenda, and can take place any time after the meeting commences at 9:00 a.m.

SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code Sec- tion 7296.2, special accommodation or language needs may be provided for any of the following:  An interpreter to be available at the hearing;  Documents made available in an alternate format or another language;  A disability−related reasonable accommodation. To request these special accommodations or lan- guage needs, please contact CVFPB at (916) 574−0609 as soon as possible, but no later than 10 business days before the scheduled hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Consecuente con la sección 7296.2 del Código Gob- ierno de California, una acomodación especial o necesi- dades lingüisticas pueden ser suministradas para cualquiera d e los siguientes:  Un intérprete que esté disponible en la audiencia;  Documentos disponibles en un formato alterno u otro idioma;  Una acomodación razonable relacionados con una incapacidad. Para solicitar estas comodidades especiales o necesi- dades de otro idioma, por favor llame a la oficina del Consejo al (916) 574−0609 lo más pronto posible, pero no menos 2 de 10 días de trabajo antes del día programa- do para la audiencia del Consejo.

TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California. WRITTEN COMMENT PERIOD Interested parties wishing to submit written com- ments regarding the proposed regulations must submit comments to CVFPB by 5:00 p.m. on Monday, No- vember 5, 2018, the designated close of the written comment period. Written comments and oral state- ments will be accepted at the hearing. CVFPB requests that comments be submitted by the November 5th dead- line to allow staff to adequately address those com- ments prior to the hearing.

Comments may be submitted by mail or email to the contact person listed below. AUTHORITY AND REFERENCE Codes and Regulations California Water Code

Section 8502, 8535, 8534. California Code of Regulations, Title 23, Division 1 (Title 23),

Section 8: Applications. Forms Economic and Fiscal Impact Statement (STD. 399), M ay 2018. 1663

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z POLICY STATEMENT OVERVIEW CVFPB is the State of California’s agency responsi- ble for flood risk reduction in the Central Valley. A s one of its core functions, CVFPB issues permits and over- sees any alteration to the State−Federal flood control system within its jurisdictional authority. Permit appli- cation review, approval, issuance, and verification of compliance with Title 23 are funded through General Fund authorizations.

Future authorizations of General Fund are contingent upon CVFPB developing a long− term funding plan and reporting on progress to the Leg- islature. Charging applicants for the review of permit applications and subsequent inspections of approved projects are a part of the long−term funding plan.

In the 2018−19 Budget: Resources and Environmental Pro- tection, the Legislative Analyst’s Office recommended that the legislature grant temporary augmentation of General Funds to replace expended funding from gen- eral obligation bonds from Proposition 1E, contingent upon CVFPB developing revenue streams to begin off- setting those costs. CVFPB has never before charged a direct fee to applicants wishing to build encroachments or otherwise alter the State−Federal flood control system. CVFPB has the authority to collect fees for permits and inspections by California Water Code §8535. It states: “Consistent with

Section 3 of

Article XIII A of t he California Constitution, the board, after holding at least one public hearing, may set and charge fees sufficient to cover the reasonable cost for the services it provides in carrying out its duties set forth in Sections 8502 and 8534, including, but not limited to, the issuance of and modifications to encroachment permits, inspections and enforcement of encroachments, and management and control of Sacramento and San Joaquin Drainage District property.” (Added by Stats. 2017, Ch. 26,

Sec. 95. (SB 92) Effective June 27, 2017.) Additionally, California Code of Regulations, Title 23 Division 1 (Title 23) describes collection of reason- able fees for inspections under §16(b): “The board may charge and collect a reasonable fee from an applicant to recover inspection costs, including staff or consultant time and expenses.” The proposed fee

schedule is the result of multiple in- ternal and external stakeholder meetings and logistical considerations, and is attached to this Notice. The pro- posed fees include initial permit fees, project authoriza- tion fees, construction inspection fees, and periodic in- spection fees. For encroachment permits and authoriza- tions for physical objects, obstructions, or activities that may negatively affect the flood control system within the CVFPB’s jurisdiction, the proposed fee is based on the type of encroachment or authorization, and ranges from $300−$8,000.

Construction inspection of these encroachments range from $500 to $1,000. Similarly, periodic inspections of permitted encroachments range from $150 to $1,000 and are performed on a

schedule according the encroachment type. These fees are re- quired directly from permit applicants. ANTICIPATED BENEFITS Implementing fees for permitting and inspection ac- tivities will help ensure CVFPB can continue to per- form its regulatory obligations of flood risk reduction in the Central Valley.

These activities help protect and maintain a well−functioning flood control system which benefits residents, businesses, and environmen- tal habitat located directly behind levees by reducing the risk of catastrophic failures of the flood control sys- tem; and the entire state who gain from a thriving agri- culture industry and wildlife habitat. The positions au- thorized in the 2017−18 Budget Act provide field in- spections, permitting, enforcement, and additional real estate support.

These positions are all crucial to ensure the State is upholding its obligations to the federal gov- ernment in managing the State−federal flood protection system in the Central Valley. Adoption and implementation of this proposed action would begin to generate revenues to cover a portion of the costs for two of CVFPB’s core functions, permitting and inspections, to reduce the burden on the State’s General Fund. An analysis of permitting and inspection costs will be conducted approximately every two years and updates to the fee

schedule will be made if they are warranted, in consideration with future budgets. CONSISTENCY AND COMPATIBILITY WITH EXISTING FEDERAL REGULATIONS There are no comparable regulations in the federal Code of Regulations that address funding of state per- mitting agencies for flood control permits. EV ALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STA TE REGULATIONS CVFPB evaluated whether the implementation of fees for permitting and inspection activities is and found the proposed regulation is not inconsistent or in- compatible with existing state regulations. 1664

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z MANDATED BY FEDERAL LAW OR REGULATIONS This regulation is not mandated by federal law or reg- ulations, nor is it identical to previously adopted or amended federal regulations. OTHER APPLICABLE MATTERS PRESCRIBED BY STATUTE SPECIFIC TO CVFPB OR OTHER STATE REGULATIONS There are no other applicable matters prescribed in state statutes or regulations specific to CVFPB that af- fect or would be affected by the proposed regulations. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS The regulation does not impose mandates on local agencies or school districts.

Fees are assessed on the project type, not the type of applicant. FISCAL IMPACT In accordance with Government Code

Section 11346.5 (a)(6 ), CVFPB is providing an estimate of:  the cost or savings to any state agency,  the cost to local agencies or school districts that are required to be reimbursed,  other nondiscretionary costs or savings imposed on local agencies, and  the costs or savings in federal funding to the state. For encroachment permitting costs, CVFPB ana- lyzed existing data associated with permitting and au- thorization requests for encroachments within its juris- diction. All staff that review and process permits and authorizations record their time spent in a centralized database.

Though it is impossible to predict the exact number and types of encroachment applications that will be received in the future, CVFPB analyzed data of applications received from July 1, 2015 to June 30, 2017 as an approximation of future permit requests. Ad- ditionally, an analysis of the different staff classifica- tions with different billing rates who contribute to per- mit processing was completed. A

summary of this data is summarized in Tables A & B. CVFPB will continue to record staff time to better approximate the costs on which to base future fee updates. For encroachment inspection costs, CVFPB used es- timations of staff time to conduct required inspections, including travel, reporting, and coordination. An analy- sis of the staff classifications used to complete these ac- tivities was used to approximate the cost of a typical inspection. Costs or Savings to Any State Agency The proposed fees for permitting and inspections of encroachments are shown in Appendix B — Exhibit 1.

The permitting and project authorization fees range from $300 to $8,000, depending on the type of en- croachment. The permitting fee amounts follow general trends of CVFPB’s costs for review and processing the different types of encroachments. Inspection fees range from $500 to $1,000 per permit. The fees are the same for any type of applicant, whether it is a private individ- ual, business, local agency, state agency, or federal agency. These fees would result in a cost to a State agen- cy seeking a permit to encroach upon CVFPB’s juris- diction. As shown in STD 399 Table 2: Applicant Anal- ysis

Summary, based on the dataset CVFPB reviewed, of the 108 applications for permits or project authoriza- tions each year, 30 were State agencies. Assuming an average permit fee of $1,000 and inspection fee of $500, state agency applicants could cumulatively incur costs of approximately $45,000 each year. Costs to Local Agencies or School Districts that are Required to be Reimbursed Although fees are required regardless of the type of applicant, there are no costs to local agencies or school districts that are required to be reimbursed.

Based on the dataset CVFPB reviewed, of the 108 applications for permits or other project authorization each year, 74 were local agencies. Assuming an average permit fee of $1,000 and inspection fee of $500, state agency appli- cants could incur costs of approximately $110,000 each year across all local agencies. There were no school dis- tricts within the pool of applicants over this period. Other Nondiscretionary Costs or Savings Imposed on Local Agencies There are no nondiscretionary costs or savings im- posed on local agencies.

Costs or Savings in Federal Funding to the State Permit and inspection services provided by CVFPB contribute toward the agency’s mission of reducing the risk of catastrophic flooding to people and property within the California Central Valley. Additionally, the State of California has an interest in leveraging federal funding for flood system improvement projects, ongo- ing operation and maintenance activities, and flood control emergency management response.

CVFPB works to ensure that the State Plan of Flood Control fa- cilities are eligible for Public Law 84−99 Disaster As- sistance funding and emergency response activities from the U.S. Army Corps of Engineers (USACE). Per- mitting and inspection services are part of CVFPB’s ef- forts to maintain that eligibility and ultimately reduce the State’s financial burden for emergency response to 1665

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z flood control emergency response. In the 2017 flood event, the State received PL 84−99 funding for flood emergency rehabilitation efforts. Future flood emer- gencies may yield a similar amount of funding through the PL 84−99 program for eligible portions of the flood control system. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS The proposed fee regulations are only imposed with- in the geographic area of CVFPB’s jurisdiction in the Central V alley, and will not be an adverse economic im- pact statewide.

CVFPB determined that the proposed fee regulations will not have a significant statewide ad- verse economic impact. RESULTS OF THE ECONOMIC IMPACT ASESSMENT (EIA) CVFPB determined that the proposed regulations would not significantly affect the following:  The creation or elimination of jobs within the State of California. The proposed fees are a fraction of the typical construction costs of the encroachments being permitted and inspected.  The creation of new business or elimination of existing business within California.

No new businesses are anticipated to be created nor are any existing businesses anticipated to be eliminated due to the fees imposed by this regulation.  The expansion of businesses currently doing business within the state. The fees affect those seeking new permits for encroachments. The individuals and businesses that are seeking to build a project encroaching upon the State−federal flood control system are already prepared to pay for and construct their projects, and will incur a fee to have their project permitted and inspected by CVFPB.

The benefits of the proposed regulation to the health and welfare of California residents, worker safety, and the state’s environment are numerous. It allows CVFPB to continue carrying out its mission to reduce the risk of catastrophic flooding to people and property within the California Central Valley. By imposing fees for en- croachment permitting and inspections, CVFPB can continue to regulate and inspect over 20,000 encroach- ments within its jurisdiction.

Routine inspections can spot issues before they become emergencies, and per- mit conditions give CVFPB the authority to enforce its regulations under Title 23. Permitted projects must be compliant with the California Environmental Quality Act (CEQA) to ensure the project’s impact to environ- ment has been considered, which the Board acts as a re- sponsible agency. CVFPB also has a worker safety pro- gram in conjunction with the Department of Water re- sources, to ensure a safe work environment for employ- ees and contractors in the field and office.

COST IMPACTS ON REPRESENATIVE PRIV ATE PERSONS OR BUSINESSES The proposed fee regulations are for any entity (in- cluding private individuals, businesses, public agen- cies) conducting activities or seeking to encroach on the flood control facilities under CVFPB’s jurisdiction. The fees are required for new applications for permits, as well as existing encroachments that need updated permits. The fees would be due at three potential times for a given encroachment. First, permit fees would be due with the permit application or project authorization request.

Next, the construction inspection fee would be due at permit issuance. And finally, routine inspections would be due prior to a scheduled routine inspection. The routine inspection frequency is listed on the fee

schedule for each type of encroachment. The fees range from $300 up to $8,000 for each permit or project au- thorization. The construction and routine inspection fees range from $500 to $1,000. The total costs on a pri- vate person or business depends on the type of activity or encroachment they propose to build, and the overall number of permits needed. If multiple encroachments are proposed on one permit, only the encroachment with the highest fee will be charged. There are no pro- posed exemptions from these fees.

BUSINESS REPORT The proposed fee regulation does not require a report from the businesses it impacts. EFFECTS ON SMALL BUSINESSES Per Government Code 11346.3(b)(4)(B), the defini- tion of small business is considered to be independently owned and operated, not dominant in its field of opera- tion, and has fewer than 100 employees. While the pro- portion of applicants that fit this definition who apply for permits in the future is unknown, of the permits within the scope of our analysis, approximately twenty−one percent of all the businesses seeking per- mits were estimated to be small businesses.

It is antici- pated that this trend will continue, and so CVFPB has determined that the proposed regulation will affect small businesses. EFFECTS ON HOUSING COSTS CVFPB deteimined that the proposed fee regulations would not have a significant effect on housing costs. 1666

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 38-Z The proposed permit and inspection fees imposed on dwellings which require a permit from CVFPB are a small fraction of the overall housing costs.

ALTERNATIVES STATEMENT Although there are several alternatives that CVFPB initially considered to implement the regulation, CVFPB determined that there are no reasonable alter- natives considered or brought to our attention which:  Would be more effective in carrying out the purpose for which the action is proposed,  The proposed alternative of a flat fee basis for encroachments is the most efficient and reasonable choice for implementing fees for permit and inspection services.  Would be as effective and less burdensome to affected private persons than the proposed action,  CVFPB considered an alternative to recover 100% of the costs associated with providing permitting and inspection services.

This would require a final accounting of staff time and a billing to applicants after the service is provided. This would be a burden on applicants who need to construct their projects soon after a permit is issued. Applicants would not be able to effectively plan for the anticipated costs as no two projects are exactly alike.  Would be more cost−effective to affected private persons and equally effective in implementing the proposed regulation.  A more cost−effective alternative for private persons would be to not impleme