GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 35−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 30, 2019 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Conflict−of−Interest Code — Notice File Number Z2019−0816−01 ...................................... 1187 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Informal Hearings — Notice File Number Z2019−0820−01 ............................................ 1187 TITLE 14.

CALIFORNIA COASTAL COMMISSION Continued Update of Procedures — Notice File Number Z2019−0820−05 ................................ 1190 TITLE 16.

BOARD OF PHARMACY Abandonment of Applications — Notice File Number Z2019−0820−02 ................................... 1194 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−040−001−R1, Hamilton Road 5.76 km Powderhouse Creek Fish Passage Improvement, Del Norte County ...................................... 1197 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting ............................................................. 1199 (Continued on next page) Time- Dated Material

DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES Safe Sleep Regulations ......................................................................... 1199

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1200 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture, pursuant to the authority vested in it by

section 87306 of the Govern ment Code, proposes amendment to its conflict−of− interest code. A comment period has been established commencing on August 30, 2019 and closing on Octo ber 14, 2019. All inquiries should be directed to the con tact listed below. - - - The California Department of Food and Agriculture proposes to amend its conflict−of−interest code to in clude employee positions that involve the making or participation in the making of decisions that may fore seeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the pur poses of the law and no other alternative would do so and be less burdensome to affected persons. - - - Changes to the conflict−of−interest code include: up dates to include addition of a new division, new posi tions, renaming of current designated positions, dele tions, and also other technical changes. - - - Information on the code amendment is attached to this email.

Any interested person may submit written comments relating to the proposed amendment by submitting them no later than October 14, 2019, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than September 30, 2019. The California Department of Food and Agriculture has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Teresa Swafford, Filing Officer (916) 403−6616 Teresa.Swafford@cdfa.ca.gov TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as the “Department”) is proposing to take the action described in the Informative Digest. A public hearing is not sched- uled for this proposal. A public hearing will be held if any interested person, or his or her duly authorized rep- resentative, submits a written request for a public hear- ing to the Department no later than 15 days prior to the close of the written comment period.

Any person inter- ested may present statements or arguments in writing relevant to the action proposed to the person designated in this Notice as the contact person beginning August 30, 2019 and ending at 5:00 p.m. on October 15, 2019. Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the Department, upon its own mo- tion or at the instance of any interested party, may there- after adopt the proposals substantially as described be- low or may modify such proposals if such modifica- tions are sufficiently related to the original text.

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

section 407, Food and Agricultural Code, and

section 11400.20, Government Code; and to imple- ment, interpret or make specific the informal hearing process for Division 5 (commencing with

section 9101), Division 8 (commencing with

section 16001), Division 9 (commencing with

section 18201), Division 10 (commencing with

section 20001), Division 11 (commencing with

section 24000), Division 12 (com mencing with

section 24501), and Division 15 (com mencing with

section 32501) of the Food and Agricul tural Code, and

Chapter 4.5 (commencing with

section 11400), and

Chapter 5 (commencing with

section - - - 1187

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z 11500),

Part 1, Division 3, Title 2 of the Government Code, the Department proposes to amend sections 1310, 1310.1, 1310.2, and 1310.3 and to adopt

section 1310.4 of

Article 1,

Chapter 9, Division 2, of Title 3 of the California Code of Regulations, as described in the Informative Digest. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW/BENEFITS Existing law,

section 407 of the Food and Agricultur al Code, provides that the Secretary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that she is directed or authorized to administer or enforce. - Existing law,

section 11400.20 of the Government Code, specifies that an agency may adopt permanent regulations to govern an adjudicative proceeding under

Chapter 4.5 (commencing with

section 11400) or Chap ter 5 (commencing with

section 11500) of

Part 1, Divi sion 3, Title 2 of the Government Code. - - For violations of the Food and Agricultural Code and/ or any regulations implemented thereto, the Depart ment would serve a notice of a citation or letter of im pending action [generally referred to as a notice of ad verse determination in this proposal] against an individ ual who violated specified statutes and regulations per taining to animals and/or animal products. - - - - - Existing regulations under Title 3 of the California Code of Regulations, sections 1310−1310.3, allow a person to appeal adverse determinations to the Depart ment through an informal hearing process. - This proposal amends the Department’s existing in formal hearing regulations under Title 3, sections 1310−1310.3.

The purpose is to reorganize the format ting of the text, add specified sections of the Food and Agricultural Code where an informal hearing option may be utilized, extends the time frame for the Hearing Officer to issue a Decision and Order and adds new sec tion 1310.4 to address enforcement matters that involve animals or animal products and time constraints that may involve the health and safety of live animals or per ishable food products.

This proposal also makes techni cal changes for consistency and clarity purposes. - - - - - Anticipated Benefits of the Proposal: This proposal benefits both the Department and the public. The pur pose is to provide the informal hearing process to per sons found to be in violation of specified provisions of the Food and Agricultural Code and any regulations that implement said Code.

It is a way to adjudicate spec ified offenses in a timely and cost−effective manner. - - - Consistency and Compatibility with Existing State Regulations: The Department has evaluated this pro posal and believes that it is not inconsistent or incom - - patible with existing State regulations. The Department may establish and implement, via regulation, informal hearing requirements in accordance with

Chapter 4.5 (commencing with

section 11400) of

Part 1, Division 3, of Title 2 of the Government Code. Therefore, the De - partment is amending its regulations to update proce - dures and requirements so that the public may be aware of the specified Code violations where the informal hearing process may be utilized. Documents Incorporated by Reference: None. Documents Relied Upon in Preparing Regulations: None. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500 et seq. Re quire Reimbursement: - None. Business Impact: The Department has made an initial determination that the proposed regulatory action will not have any significant statewide adverse economic impact directly affecting California businesses, includ ing the ability of California businesses to compete with businesses in other states.

The determination is based on the fact that the proposal only affects persons found to be in violation of specified statutes (after examina tion of the complaint and the evidence presented) and does not impact businesses that operate in compliance with the law. - - Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

It pertains to persons or businesses who may be found to be in violation of specified statutes of the Food and Agricultural Code and any regulations implementing those statutes. Persons/Businesses affected by this proposal:  This proposal affects any person required to be licensed or registered by the Department under its existing statutes or regulations, or to any unlicensed or unregistered person who may be found conducting certain agriculture−related businesses in the State, or to any other person who is found, after investigation, to be in violation of the Department’s statutes or regulations.

Depending upon the facts presented in each case, the matter may be adjudicated using the Department’s internal, informal hearing process. 1188

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z It is a way to adjudicate matters in a timely and cost−effective matter for all affected parties. Anticipated compliance requirements as a result of this proposal:  The proposal contains no specific record−keeping, paperwork or reporting requirements. It provides information to persons who may be found in violation of specified statutes or regulations of the Department, and provides filing deadlines and procedures if they wish to contest an adverse action issued by the Department and request an informal hearing. Effect on Housing Costs: None.

Effect on Small Businesses: The Department’s pro posal may affect small businesses as defined in Govern ment Code

section 11342.610, if they are found to be in violation of specified statutes and regulations imple menting those statutes. - - - RESULTS OF ECONOMIC IMPACT ASSESSMENT Impact on Jobs/New Businesses: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the ex pansion of businesses in California. - The Department has made a determination that this regulatory proposal:  Will not have any significant, statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states by making it more costly to produce goods or services, and that it will not create or eliminate jobs or occupations.  Will not affect the creation of new businesses or the elimination of existing businesses within the State of California, and does not affect the expansion of businesses currently doing business within the State of California.  Does not impact multiple industries.  Will impact any person who is found, after investigation, to be in violation of statutes and regulations of the Department and who requests an informal hearing to contest a notice of violation.

The Department’s proposal may affect small businesses if they are found, after complaint and investigation, to be in violation of specified statutes or regulations.  Benefits both the Department and the public. The purpose is to provide the informal hearing process to persons found to be in violation of specified provisions of the Food and Agricultural Code and any regulations that implement said Code.

It is a way to adjudicate offenses in a timely and cost−effective manner.  Benefits of the proposed regulations to the health and welfare of California residents, worker safety, and the State’s environment: The proposed regulations do not directly impact human health and welfare, worker safety, and the environment. This regulatory proposal will provide clarity to the public as to the statutes that are included in the informal hearing process and any regulations implementing those statutes that would be reasonable to adjudicate via the informal hearing process.

It is a timely and cost−effective manner which would benefit both the Department and the person who is contesting the adverse determination issued by the Department. The above determinations are based on the fact that this regulatory proposal is necessary to update the statute citations and the procedures for the implementa tion of the Department’s informal hearing process in ac cordance with

section 407 of the Food and Agricultural Code and

section 11400.20 of the Government Code. - - Occupations/Businesses Impacted: The Department has made an initial determination that this regulatory proposal will impact any person who is found to be in violation of specified agriculture−related provisions of the Food and Agricultural Code and any regulations that implement said Code. Business Reporting Requirement: The regulation does not require a report, which shall apply to businesses. Comparable Federal Regulations: This proposal does not duplicate or conflict with federal regulations.

Fed eral violations would be addressed by the federal au thorities responsible for enforcement. Such enforce ment could be administrative, civil, or criminal, de pending upon the statutory authority of the program.

Federal authorities would pursue such actions indepen dent of the Department. - - - - - CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered or that has otherwise been identi fied and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed or would be 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 imple menting the statutory policy or other provision of law.

This regulatory proposal is necessary to update the statute citations and the procedures for the implementa - - - 1189

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z tion of the Department’s informal hearing process in ac cordance with

section 407 of the Food and Agricultural Code and

section 11400.20 of the Government Code. Any interested person may present statements or argu ments orally or in writing relevant to this determination at the hearing (if a hearing is requested) or during the written public comment period. - - INITIAL STATEMENT OF REASONS AND INFORMATION The Department has prepared an Initial Statement of Reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula tions and of the Initial Statement of Reasons, and all the information upon which the proposal is based, may be obtained by contacting the persons named below in this Notice or by accessing the Department of Food and Agriculture’s website as indicated below in this Notice. - 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 persons named below.

Any person may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a written request to the contact persons named below. - CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Nancy Grillo, Associate Analyst Department of Food and Agriculture Animal Health and Food Safety Services 1220 N Street, Sacramento, CA 95814 Telephone (916) 900−5033 E−mail: nancy.grillo@cdfa.ca.gov The backup contact person is: Thamarah Rodgers, Associate Analyst Department of Food and Agriculture Animal Health and Food Safety Services 1220 N Street, Sacramento, CA 95814 Telephone (916) 900−5000 E−mail: thamarah.rodgers@cdfa.ca.gov Website Access: Materials regarding this proposal can be found by accessing the following Internet ad dress: - http://www.cdfa.ca.gov/ahfss/regulations.html.

TITLE 14. CALIFORNIA COASTAL COMMISSION NOTICE IS HEREBY GIVEN that the California Coastal Commission (Commission), as authorized by

Section 30333 of the Public Resources Code, proposes to make changes to its regulations as described below after considering all comments, objections, and recom mendations regarding the proposed action (Proposal). - A PUBLIC HEARING IS SCHEDULED FOR October 16, 2019. The hearing will be part of the Com mission’s regularly scheduled meeting at the Chula Vista City Council Chambers, 276 Fourth Ave., Chula Vista, CA 91910. Any interested person may present comments regarding the Proposal at this hearing.

Any interested person may also present written comments regarding the Proposal to the attention of the agency contact as listed in this Notice no later than Monday, October 14, 2019. More information about the hearing is available at the end of this Notice. - INTRODUCTION The Proposal continues to update Commission regu lations with the goal of creating efficient and effective provisions without excessive verbiage or requirements.

Many changes would repeal provisions outright, others provide for simpler procedures in plain English, some clarify existing practice, and a few others add require ments to solve particular problems. The Proposal will help further the Commission’s mission to protect coastal resources and public access in the coastal zone. - - The following sections are affected: REPEAL: Sections 13025 and 13559.

AMEND: Sections 13032, 13053, 13055, 13056.1, 13057, 13096, 13107, 13108, 13111, 13137, 13149, 13180, 13181, 13183, 13185, 13190, 13191, 13193, 13248, 13250, 13253, 13302, 13318, 13333, 13518, 13519, 13544, 13544.5, 13547, 13549, 13551, 13552, 13569, 13573 and 13637. 1190

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z AUTHORITY AND REFERENCE Authority:

Section 30333 of the Public Resources Code generally provides that the Commission may adopt or amend rules and regulations to carry out the purposes and provisions of the Coastal Act (Div. 20,

Section 30000 et seq.), as well as to govern procedures of the Commission. Rules and regulations shall be con sistent with the Coastal Act and other applicable law. - Reference: The proposed changes are procedural in nature and seek to update and correct for current prac tices and existing law. As such the proposed changes implement, interpret, and make specific numerous statutes, primarily in the Coastal Act and the California Environmental Quality Act (CEQA) (Pub. Resources Code,

section 21000 et seq.). - For specific Authority and Reference Notes (and pro- posed changes to Notes) for each

section of the regula- tions, see the Express Terms (proposed amendments in strikeout/underline), available on the Commission’s rulemaking page, https://coastal.ca.gov/rulemaking/, or request a copy of the Express Terms from the agency contact listed in this Notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law: The Legislature enacted the California Coastal Act in 1976, following the passage of Proposi tion 20, a referendum expressing the desire of the peo ple of California to protect its most valuable resource: 1100 miles of coastline. Division 20 of the Public Re sources Code,

Section 30000 et seq. (the Coastal Act) established a comprehensive coastal protection pro gram and made permanent the California Coastal Com mission as a state agency. The first goal of the Coastal Act is to “[p]rotect, maintain, and, where feasible, en hance and restore the overall quality of the coastal zone environment and its natural and artificial resources.” (Section 30001.5, subd. (a).) - - - - - - Responsibilities: Because the Proposal would imple ment largely procedural changes, it is important to un derstand the main responsibilities of the Commission.

The Commission considers applications for coastal de velopment permits in its jurisdiction; certifies long− term plans, including local coastal programs that allow local governments to issue coastal development per mits; considers appeals of certain local approvals; sets policy in coastal matters; conducts enforcement, from negotiations for the settlement of violations to the im position of fines and litigation; and ensures the consis tency of federally approved development in the Coastal Zone.

The Proposal does not affect federal consistency regulations. - - - - - - Existing Regulations: Existing regulations are locat - ed in Title 14, Division 5.5,

Section 13001 et seq. Short - ly after passage of the Coastal Act, the Commission adopted a full set of procedural regulations. Several rulemakings thereafter improved and expanded the original set, but the Commission now has more than forty years’ experience to draw on and has a better un - derstanding of what should (and should not) be regulat - ed. Recently, the Office of Administrative Law (OAL) approved nonsubstantive changes (2018−1226−02N) and a regular rulemaking (2019−0619−05S) that is ap - proved but not yet effective that implemented minor changes.

This second regular rulemaking continues the effort to update the regulations with substantive changes, including repeals, to procedures that are con - fusing, in tension with or superseded by statute, obso - lete, unused, or otherwise ineffective. The Proposal : The Proposal in particular repeals much unnecessary and obsolete language, including re peals of two sections. Several provisions that are neces sary to implement would be redrafted in major ways.

Section 13057 (staff reports) is revised to clarify exist ing practice, delete surplusage, and simplify convolut ed provisions. Sections 13544, 13544.5, and 13547 (ef fectiveness of local plans) are revised to delete unneces sary duties and to provide specific paths for effective ness according to how the plans are certified.

Section 13518 and 13551 (local resolutions) also drop unneces- sary tasks but add that local government resolutions specify the intent for how submittals are to be certified. Sections 13111, 13318, and 13333 allow for the elec tronic filing of appeals with a set procedure. Sections 13180, 13181, 13183, 13185, 13190, 13191, and 13193 are revised to clarify enforcement procedures, dead lines, and to ensure staff receives all defense informa tion in a prompt manner. An amendment to

Section 13137 would provide additional notice of existing re quirements for emergency development, in particular, the requirement to file an application for a regular per mit once the emergency work is done. - - - - - - - s - - - - - Finally,

Section 13569 (dispute resolution) is revised to clarify that exemptions are subject to the dispute res olution procedures, set reasonable deadlines for local government determinations and Executive Director re view, simplify procedures to start review, including to allow for an interested person to request review, to al low for staff resolution before a Commission hearing is scheduled, and set basic hearing procedures regarding testimony, written comments, and findngs. - - - The Proposal also continues to make minor correc tions, and add, correct, or supplement Authority and Reference Notes. - For the specific changes proposed to all affected sec tions of the regulations, see the Express Terms (pro posed amendments in strikeout/underline), available on - - 1191

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z the Commission’s rulemaking page, https://coastal.ca. gov/rulemaking/ , or request a copy of the Express Terms from the agency contact listed in this Notice. ANTICIPATED BENEFITS The Proposal is anticipated to create several benefits, primarily efficiency, consistency, accuracy, and trans parency of the regulations. Three major procedures are substantially redrafted (how certified local coastal pro gram plans and long range development plans are made effective; requirements for local resolutions for the same plans; and dispute resolution for unresolved con flicts between local government and Commission staff). The

section regarding staff reports is redrafted to accurately implement statutory requirements and re flect current practice.

Remaining changes would repeal two sections that are redundant to, or contradictory of, statutory authority; retract provisions that were recently approved that staff now believes should not become ef fective; and to make minor corrections. - - - - - To the extent that procedures become more efficient and staff is freer to concentrate on matters of impor tance, the Commission anticipates greater protection of the environment and the promotion of fairness and so cial equity. - - EXISTING STATE REGULATIONS The Proposal affects only Commission procedures, and does not affect regulations under the authority of other agencies.

Therefore, the Proposal is neither incon sistent nor incompatible with existing state regulations. - FORMS INCORPORATED BY REFERENCE The Proposal does not incorporate any forms by reference. MANDATED BY FEDERAL LAW OR REGULATIONS The Proposal is not mandated by federal law or regulations. OTHER STATUTORY REQUIREMENTS No other requirements are specific to the Commis sion, to any specific regulation, or class of regulations. - LOCAL MANDATE The Commission has determined that the proposed changes do not impose a mandate on local agencies or school districts.

FISCAL IMPACT There is no cost to any local agency or school district requiring reimbursement pursuant to Government Code,

Section 17500 et seq. The Commission may experience savings when land use plans, implementation plans, long range develop ment plans, or their amendments are approved as sub mitted, because the Proposal makes effectiveness im mediate in most cases, removing the need for most post−certification procedures. While the number of ap provals (as submitted) are unpredictable, savings are projected at approximately $28,500 a year due to the savings in analyst time. - - - - There is no cost to the Commission, and no cost or savings to any other state agency.

Local governments and governing authorities may experience savings if land use plans, implementation plans, long range development plans, or their amend ments are approved as submitted, because the Proposal makes effectiveness immediate in most cases, remov ing the need for most post−certification procedures.

While the number of approvals (as submitted) are un predictable, savings are projected at approximately $70,500 a year statewide, due to the savings in local government staff time. - - - The Proposal may impose incidental costs on local governments and governing authorities if documents prepared for a submittal are not already produced in an editable format (e.g., MS Word). Because the regula tion makes clear a common request, savings in time for requests and answers should offset any expense. - The Proposal will not impose any other non− discretionary costs or savings to local agencies.

The Proposal will not affect any cost or savings in federal funding to the State. HOUSING COSTS The Proposal will not affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The Commission has made an initial determination that the Proposal will not have any significant, statewide adverse economic impact directly affecting businesses, including the ability of California business es to compete with businesses in other states. - 1192

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Commission has determined, pursuant to Gov ernment Code

Section 11346.3(b)(1)(A)−(D), that the proposed changes will not have an effect on: the cre ation or elimination of jobs within the state; the creation or elimination of businesses within the state; or the ex pansion of businesses currently doing business within the state. - - - The anticipated benefits, as described above, include greater efficiency, consistency, accuracy, and trans parency.

In turn, the Proposal may also indirectly in crease protection of the environment, via a greater abili ty to focus on important matters affecting the state’s coastal resources, as well as the promotion of fairness and social equity as required by the Commission’s En vironmental Justice policy. - - - - COST IMPACTS ON REPRESENTATIVE PERSONS OR BUSINESSES The Commission is not aware of any cost impacts that a representative private person or business would nec essarily incur in reasonable compliance with the pro posed action. - - BUSINESS REPORT No business reports are required.

SMALL BUSINESS The Commission has determined the Proposal does not affect small business. Small businesses chiefly in teract with the Commission as applicants for coastal de velopment permits. The Proposal does not create any new requirements for applicants. - - ALTERNATIVES STATEMENT In accordance with Government Code

Section 11346.5(a)(13), the Commission must determine: that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the at- tention of the agency would be: — more effective in carrying out the purpose for which the action is proposed; — as effective and less burdensome to affected private persons than the proposed action; or — more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Commission invites interested persons to present statements with respect to alternatives to the Proposal during the written comment period. CONTACT PERSON Written comments and any inquiries regarding the Proposal may be submitted to rulemaking@coastal. ca.gov, or directed to: Ms. Robin M. Mayer Staff Attorney California Coastal Commission 45 Fremont St., Suite 2000 San Francisco, CA 94105 (415) 904−5220 robin.mayer@coastal.ca.gov BACKUP ONLY, contact: Ms.

Louise Warren Acting Chief Counsel California Coastal Commission 45 Fremont St., Suite 2000 San Francisco, CA 94105 (415) 904−5220 louise.warren@coastal.ca.gov A V AILABILITY STATEMENTS The Commission has established a rulemaking file for this regulatory action, which contains those items required by law. The file is available for inspection at the Commission’s office at 45 Fremont St., Suite 2000, San Francisco, California, during normal business hours.

As of the date this Notice is published, the rulemak ing file consists of the Notice, the Express Terms (pro posed amendments in strikeout/underline), the Initial Statement of Reasons, and all information upon which the proposed rulemaking is based.

The Express Terms, Initial Statement of Reasons, and supporting materials may be downloaded from the Commission’s rulemak ing page at https://coastal.ca.gov/rulemaking/, and are available on request from the agency contact listed in this Notice. - - - A V AILABILITY OF SUBSTANTIAL (15−DAY) CHANGES After the written comment period ends and following the close of the October 16, 2019 hearing, the Commis sion may adopt the Proposal as described in this Notice, without further notice of nonsubstantive changes.

How ever, the Commission may modify the Proposal prior to the vote, if substantial changes are sufficiently related - - 1193

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z to the original Express Terms (the text of the proposed changes to the regulations). While not anticipated at this time, if sufficiently related changes are proposed for Commission consideration, the Express Terms with the additional changes in double−underline and double strikeout will be posted to the Commission’s rulemak ing page, transmitted to interested persons, and made available from the agency contact listed in this Notice. The changes will be made available at least 15 days in advance of the hearing. (See Cal. Code of Regs., tit. 1,

section 44.) - - - MORE INFORMATION ON THE PUBLIC HEARING A public hearing regarding the Proposal is scheduled for 9:00 a.m., Wednesday, October 16, 2019 as part of the Executive Director’s Report at the Commission’s regular meeting at the Chula Vista City Council Cham bers, 276 Fourth Ave., Chula Vista, CA 91910. NOTE: Only in−person testimony (either oral or writ ten) will be accepted at the hearing .

The Commission does not accept live comments by telephone or elec tronic media. - - - - MORE INFORMATION ON WRITTEN COMMENTS Any interested person may submit written comments relevant to the Proposal to the Commission. Send writ ten comments to rulemaking@coastal.ca.gov, prefer ably as a .pdf att format is necessary for e−mailed comments.

Alternatively, mail comments to: Rulemaking, Legal Division, 45 Fremont St., #2000, San Francisco, CA 94105. - - - achment; however , no particular To be considered by the Commission during the pub lic hearing on October 16, 2019, written comments should be received by Monday, October 14, 2019. Late comments will not be posted to the Commission web site in time for Commission consideration. However, comments (written or oral) will still be accepted at the hearing.

It is requested that commenters who submit comments at the hearing bring 20 paper copies of the comment to be distributed at the hearing, or request that copies be distributed and if feasible, staff will do so. Ad ditionally, staff will summarize any late comments dur ing its oral presentation. FINAL STATEMENT OF REASONS The Commission is required to prepare a Final State ment of Reasons before submitting the Proposal to the Office of Administrative Law .

Once prepared, the Final Statement of Reasons will be made available to anyone who requests a copy and will be available on the Com mission’s rulemaking page, at https://coastal.ca.gov/ rulemaking/. Written requests for copies should be ad dressed to the agency contact identified in this Notice. INTERNET ACCESS All rulemaking documents and materials may be viewed and downloaded from the Commission’s rule making page at https://coastal.ca.gov/rulemaking/. - TITLE 16.

BOARD OF PHARMACY NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (board) is proposing to take the rulemaking action described below under the head ing Informative Digest/Policy Statement Overview. Any person interested may present statements or argu ments relevant to the proposed action in writing. Writ ten comments, including those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the board at its office by October 14, 2019. - - The board has not scheduled a public hearing on this proposed action.

The board will, however , hold a hear ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep resentative, no later than 15 days prior to the close of the written comment period. - The board may, after considering all timely and rele vant comments, adopt the proposed regulations sub stantially as described in this notice, or may modify the proposed regulations if such modifications are suffi ciently related to the original text.

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

Section 4005 of the Busi ness and Professions Code authorizes the board to adopt these regulations. The proposed regulations implement, interpret, and make specific sections 4022.5, 4029, 4030, 4034, 4034.5, 4037, 4041, 4042, 4043, 4044.3, 4045, 4053, 4110, 4112, 4115, 4120, 4127.1, 4127.15, 4141, 4160, 4161, 4180, 4190, 4200, 4201, 4202, 4202.5, 4203, 4203.5, 4204, 4205, 4208, and 4210 of the Business and Professions Code. - 1194

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California State Board of Pharmacy (board) pro poses to amend 16 CCR

section 1706.2 to consolidate all board license types into two broad categories to sim plify the regulation. - - Existing pharmacy law specifies that protection of the public is the highest priority for the board in exercis ing its licensing, regulatory, and disciplinary functions and generally authorizes the board to adopt and amend rules and regulations necessary for the protection of the public pertaining to the practice of pharmacy. Addition ally, existing pharmacy law at 16 CCR

section 1706.2 establishes the provisions under which the board may determine that an application has been abandoned by the applicant. This regulatory

section is necessary to provide clarity to the regulated public with respect to the criteria used by the board to deem an application abandoned. Once an application is abandoned, the board ceases expending staff time and resources on at tempting to cure deficiencies in an application. - - - As currently written, the regulation requires frequent amendments to incorporate each new licensing pro gram as they are established. This is a time−intensive process and the board has not been able to update the regulation as frequently as necessary. Since 2014, the board’s regulatory jurisdiction has increased in size.

In 2018 alone, the board’s licensing types grew from 25 to 39. This proposal will simplify the regulatory language and consolidate the license types into two categories: (1) a premises license and (2) an individual license, with an exception for pharmacist examination and licensure and pharmacy intern applicants, as these licensing pro grams have specialized requirements. Consolidating the licensing types to only two categories will provide clarity to the regulated public as it increases readability of the regulations.

It will also improve the board’s effi ciency by not having to update the regulation via a regu lar rulemaking action each time a new license category is created, and by allowing the board to find applica tions abandoned for newly created license categories. - - - - - ANTICIPATED BENEFITS OF PROPOSAL This regulatory proposal benefits California resi - dents because the proposed regulation will simplify the regulatory language, which will provide clarity to the regulated public.

These regulations will ensure that the instances where an application will be deemed aban - doned are clearly specified based on the license type (premises or individual). Additionally, this will help to ensure that applicants are responding timely to applica - tion deficiencies.

Finally, this proposal will allow the board to deem an application abandoned in lieu of re taining the pending applications indefinitely. - Allowing the board to deem applications abandoned under certain conditions in lieu of continuing to contact applicants for deficiency items allows the board to more easily focus its efforts on processing new applications, as well as spending more time working with applicants who are attempting to correct their deficiencies. The board will be able to answer questions and provide guidance to applicants seeking clarity with meeting the minimum qualifications for licensure.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the board has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in compatible with existing state regulations. - FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Require Reimbursement: None. Business Impact: The board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses and/or employees including the ability of California businesses to compete with businesses in other states. This determination is based on the absence of testimony to that effect during the development of the proposed regulation, which occurred over a few months.

Additionally, withdrawing an application un der specific conditions will allow the board to be able to respond timely to inquiries and provide applicants with improved customer service. - Cost Impact on Representative Private Person or Business: If an individual or business decided to again pursue li censure after the application was deemed abandoned, the estimated costs to the individual or business would be a new application fee. The cost would vary from $140 to $2,380 depending on the type of license the in dividual or business is applying for as set by Business and Professions Code

section 4400 and/or California Code of Regulations

section 1749. - - 1195

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS While the board does not have nor does it maintain data to determine if any of its licensees (pharmacies) are a “small business” as defined in Government Code sec tion 11342.610, the board has made an initial determi nation that the proposed regulatory action would not have a significant adverse economic impact directly af fecting small businesses.

This determination is based on the absence of testimony to that effect during the de velopment of the proposed regulation, which occurred over a few months.

Additionally, the proposed regula tion will simplify the regulatory language, thereby pro viding clarity to the regulated public and ensuring that the instances where an application will be deemed abandoned are clearly specified based on the license type (premises or individual). - - - - - - If a small business decided to again pursue licensure after the application was deemed abandoned, the esti mated costs to the business would be a new application fee as set by Business and Professions Code

section 4400 and/or California Code of Regulations

section 1749. - RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The board concludes that this regulatory proposal will have the following effects:

(1) It is unlikely that the proposal will create or eliminate any jobs within California;

(2) It is unlikely that the proposal will create new, or eliminate existing, businesses in California; and

(3) It is unlikely that the proposal will expand businesses currently doing business within the state. The board determined that by deeming an application abandoned under certain conditions in lieu of continu ing to contact applicants for deficiency items, the board will be able to focus on processing new applications, as well as working with applicants who are attempting to correct their deficiencies. In these cases, the board will be better able to respond timely to inquiries and provide applicants with improved customer service.

This streamline of application processing may result in ap plicants being able to resolve their application deficien cies earlier, which would allow the license to be issued sooner.

While this will allow the business to open earli er or the individual to begin working earlier, the regula tory proposal does not actually create the business or the job. - - - - - 11 Benefits of Regulation: This regulatory proposal benefits the health and wel fare of California residents because by deeming an ap plication abandoned under certain conditions in lieu of continuing to contact applicants for deficiency items, the board will be able to focus on processing new appli cations, as well as working with applicants who are at tempting to correct their deficiencies.

This streamline of application processing may result in applicants being able to resolve their application deficiencies earlier, which would allow the license to be issued sooner. If a business is able to open sooner, it benefits the health and welfare of California residents by providing earlier ac cess to pharmacy−related care.

This regulatory propos al does not affect worker safety or the state’s environ ment. - - - - - - - CONSIDERATION OF ALTERNATIVES The board must determine that no reasonable alterna - tive it considered to the regulation or that has otherwise been identified and brought to its attention would either 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 pro - posal described in this Notice, or would be more cost ef - fective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or ar guments in writing relevant to the above determinations during the written comment period at the address listed for the Contact Person. - INITIAL STATEMENT OF REASONS AND INFORMATION The Board of Pharmacy has prepared an initial state - ment of the reasons for the proposed action and has made available all the information upon which the pro - posal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor mation upon which the proposal is based, may be ob tained upon request from the Board of Pharmacy at 1625 N. Market Blvd., N219, Sacramento, California 95834, or from the Board of Pharmacy’s website: - - - http://www.pharmacy.ca.gov. 96

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z 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 person named below. You may obtain a copy of the final statement of rea - sons once it has been prepared, by making a written re - quest to the contact person named below or by access - ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518−3078 Fax Number: (916) 574−8618 E−Mail Address: Lori.Martinez@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518−3090 Fax Number: (916) 574−8618 E−Mail Address: Debbie.Damoth@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the Board of Pharmacy’s website: www.pharmacy.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NO. 1653−2019−040−001−R1 Project: Hamilton Road 5.76 km Powderhouse Creek Fish Passage Improvement Location: Del Norte County Applicant: Victor Bjelajac, California State Parks Background Powderhouse Creek offers suitable spawning and rearing habitat for coastal cutthroat trout (Oncorhynchus clarkii clarkii), coho salmon (O. kisutch), and Chinook salmon (O. tshawytscha).

An un - dersized, structurally inadequate and failed culverted stream crossing along Hamilton Road completely blocks fish passage and access to the spawning, rearing, and refugia habitat of Powderhouse Creek. Of substan - tial concern is the culvert failure occurring during the winter of 2018/19 that jeopardizes a highly productive

section of East Fork Mill Creek with potentially exces - sive sediment delivery if not repaired. The project seeks to resolve both the barrier issue and protect Mill Creek spawning and rearing habitat by replacing the failed culvert with an approximately 70−foot long, 20−foot wide, pre−manufactured bridge set on concrete abut - ments with piers. Project Location: The Hamilton Road 5.76 km Pow - derhouse Creek Fish Passage Improvement (Project) is located at kilometer 5.76 on Hamilton Road, in Del Norte Coast Redwoods State Park. The project is within the Lower Smith River Hydrologic Unit 103.13.

The project is located at latitude 41.7282 degrees N and lon - gitude 124.0806 degrees W, Assessor Parcel Number (APN) 126−060−09 on Powderhouse Creek, a tributary to East Fork Mill Creek. The watershed supports Pacific lamprey (Entosphenus tridentatus), western brook lam - prey (Lampetra richardsoni), coastal cutthroat trout, coho salmon, and Chinook salmon, and other sensitive aquatic species. Project Description: California State Parks (Appli cant) proposes to enhance or restore habitat within - 7 119

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z Powderhouse Creek to provide a net conservation bene - fit for coastal cutthroat trout, coho salmon, and Chinook salmon. The Project includes replacing the failed cul - vert with an approximately 70 foot long, 20 foot wide, pre−manufactured bridge set on concrete abutments with piers. Once the site has been cleared of sensitive species, the existing fill will be excavated and hauled to existing spoils site. Buried grade control structures will be installed to control back−cutting of the stream chan - nel.

Disturbed soils will then be planted with native trees and shrubs after December 1st or when enough rainfall has occurred to support the transplanted seedlings. Project Size: The total area of ground disturbance as sociated with the Project is approximately 0.43 acres and 240 linear feet. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemp tion from the California Environmental Quality Act (Cal. Code Regs., tit. 14,

section 15333). - - Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code sec - tion 13050 subdivision (e), resulting from the Project include those associated with the following: (1) 2500 cubic yards of rock slope, (2) 41 cubic yards of engineered stream material, (3) 2 each 24 foot by 30−inch logs Project Timeframes: Start date: August 16, 2019 Completion date: October 31, 2020 Work window: August 1−October 15 Water Quality Certification Background: Because the Project’s primary purpose is habitat restoration in - tended to improve the quality of waters in California [and improve fish passage, and avoid excess sediment input], the Regional Water Quality Control Board (Re- gional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 1A190079WNDN for the Project.

The NOA describes the Project and requires the Appli - cant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to coho salmon. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Re - gional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Re - sources Code,

section 21000 et seq.). On 9 July 2019, the Director of CDFW received a no - tice from the Applicant requesting a determination pur - suant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are consistent with the Habitat Restoration and Enhance - ment Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 subdi - vision (c), CDFW filed an initial notice with the Office of Administrative Law on July 15, 2019, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z−2019−0715−02) on July 26, 2019. Upon ap - proval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and relat - ed species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for authoriz - ing the Project. Specifically, CDFW finds that:

(1) The Project pur - pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non−habitat restoration or en - hancement construction activity, a regulatory settle - ment, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility requirements of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Project, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included in an attach - ment to the NOI, which contains the following cate - gories:

(1) Construction−period Water Quality Protec - tion and Erosion and Sedimentation Control Measures;

(2) Post−construction and Sediment Control and Water Quality Protection Requirements;

(3) General Program Conditions for Vegetation Management; and

(4) Gener - al Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the NOI, Supplemental Avoidance and Minimization Measures. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni - toring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Hamilton Road 5.76 km Powderhouse Creek Fish Passage Improvement: Monitoring and Reporting Plan. 1198

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Ap - plicant to submit a Notice of Completion (NOC) no lat - er than 30 days after the project has been completed. A complete NOC includes at a minimum:  photographs with a descriptive title;  date the photograph was taken;  name of the photographic site;  WDID number indicated above;  success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli cant shall include the project name, WDID number, with all future inquiries and document submittals. Pur suant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall sub mit documents electronically to: seth.ricker@ wildlife.ca.gov. - - - Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance - ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (com - mencing with

section 1600) and

Chapter 10 (commenc - ing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Addi - tionally, Applicant must adhere to all measures con - tained in the approved NOA, and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Ap - plicant shall be required to obtain a new consistency de - termination from CDFW. (See generally Fish and G. Code,

section 1654, subd. (c).) OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Pursuant to Government Code

Section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board of the State of California has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING: On October 17, 2019, at 10:00 a.m. in Room 358 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Public Meeting, the Board will make time available to receive comments or proposals from inter - ested persons on any item concerning occupational safety and health.

BUSINESS MEETING: On October 17, 2019, at 10:00 a.m. in Room 358 of the County Administration Center 1600 Pacific Highway, San Diego, California. At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request.

Any person with a disability requiring an accommoda - tion, auxiliary aid or service, or a modification of poli - cies or procedures to ensure effective communication and access to the public hearings/meetings of the Occu - pational Safety and Health Standards Board should contact the Disability Accommodation Coordinator at (916) 274−5721 or the state−wide Disability Accom - modation Coordinator at 1−866−326−1616 (toll free). The state−wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1−800−735−2929 (TTY) or 1−800−855−3000 (TTY− Spanish).

Accommodations can include modifications of poli - cies or procedures or provision of auxiliary aids or ser - vices. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer− Aided Transcription System or Communication Access Realtime Translation (CART), a sign−language inter - preter, documents in Braille, large print or on computer disk, and audio cassette recording. Accommodation re - quests should be made as soon as possible. Requests for an ALS or CART should be made no later than five (5) days before the hearing.

DISAPPROV AL DECISION DEPARTMENT OF SOCIAL SERVICES Printed below is the

summary of an Office of Admin - istrative Law disapproval decision. You may also re - quest a copy of a decision by contacting the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814−4339, (916) 323−6225 — FAX (916) 323−6826. Please request by OAL file number. 1199

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z State of California Office of Administrative Law In re: Department of Social Services Regulatory Action: Title 22 California Code of Regulations Manual of Policies and Procedures Adopt sections: 102425, 102426 Amend sections: 101239, 101416.5, 101419.2, 101429, 101430, 101439.1, 102352, 102417 DECISION OF DISAPPROV AL OF REGULATORY ACTION Government Code

Section 11349.3 OAL Matter Number: 2019−0702−01 OAL Matter Type: Regular (

S) SUMMARY OF REGULATORY ACTION This regulatory action by the Department of Social Services (Department) proposed to update safe sleep re - quirements for infants in child care facilities. This ac - tion included supervision requirements for sleeping in - fants, specified safe sleep equipment, and proposed to include an Individual Infant Sleeping Plan to be main - tained in each infant’s file. DECISION On July 2, 2019, the Department submitted the above−referenced regulatory action to the Office of Ad - ministrative Law (OAL) for review.

On August 14, 2019, OAL notified the Department of the disapproval of this regulatory action. OAL disapproved the regula - tory action because the Department failed to comply with the clarity and necessity standards of Government Code

section 11349.1. Additionally, the Department failed to follow all required procedures under the Cali - fornia Administrative Procedure Act (APA). This Deci - sion of Disapproval of Regulatory Action explains the reasons for OAL’s action. CONCLUSION For the reasons set forth above, OAL disapproved this regulatory action. Pursuant to subdivision (

a) of Government Code

section 11349.4, the Department may resubmit this regulatory action to OAL within 120 days of its receipt of this Decision of Disapproval. A copy of this Decision will be emailed to the Department on the date indicated below. The Department must make all substantive regulato - ry text changes, which are sufficiently related to the originally noticed text, available for public comment for at least 15 days pursuant to subdivision (

c) of Gov - ernment Code

section 11346.8 and

section 44 of title 1 of the CCR. Additionally, any supplement to the ISOR or other document the Department may create or pro - pose to add to the rulemaking record in order to address the necessity issues discussed above must be made available for public comment for at least 15 days pur - suant to Government Code

section 11347.1. The De - partment must resolve all other issues raised in this De - cision of Disapproval prior to the resubmittal of this regulatory action. If you have any questions, please contact me at (916) 323−6820. Date: August 21, 2019 Lindsey S. McNeill Attorney For: Kenneth J. Pogue Director Original: Kimberley Johnson, Director Copy: Oliver Chu

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

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

File# 2019−0710−01 AIR RESOURCES BOARD Amendments to CARB’s Certified Regulatory Program The California Air Resources Board (CARB) is up - dating its certified regulatory program to more fully set forth its CEQA review procedures by further specifying notice and comment requirements, exemptions, defini - tions, and the different procedures that will apply to dif - ferent types of CARB environmental review. 1200

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 35-Z Title 17 ADOPT: 60004.1, 60004.2, 60004.3, 60004.4 AMEND: 6000, 60002, 60003, 60004, 60005, 60006, 60007 Filed 08/21/2019 Effective 10/01/2019 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2019−0705−01 CALIFORNIA COASTAL COMMISSION Annual Increases to Permit Fees and Major Public Works Threshold This change without regulatory effect adjusts the threshold amount to qualify as a major public works or energy project and the fees for permit applications and other filings.

Title 14 AMEND: 13012, 13055 Filed 08/14/2019 Agency Contact: Robin Mayer (415) 904−5220 File# 2019−0710−02 DEPARTMENT OF BUSINESS OVERSIGHT Department of Business Oversight Clean−up Regulations Part A This change without regulatory effect amends and re - peals regulations to revise references to former agen - cies and statutes, update “authority” and “reference” ci - tations, and delete provisions for which all statutory au - thority has been repealed.

Title 10 AMEND: 1.1, 1.2, 1.1005, 1.1009.5, 1.1010, 1.1013, 1.1018, 1.1027, 5.3, 5.3009, 5.3109, 5.5000, 10.3, 10.101, 10.111, 10.117, 10.124, 10.126, 10.134, 10.136, 10.140.5, 10.143, 10.147, 10.153, 10.155.5, 10.157, 10.161.5, 10.162.5, 10.165, 10.177, 10.178, 10.182, 10.3000, 10.3100, 10.3101, 10.3162, 10.3376, 10.3378, 10.3400, 10.3475, 10.3483, 10.3518, 10.3520, 10.3525, 10.3700, 10.3752, 10.4351, 10.4360, 10.6000, 10.6001, 10.6602, 10.6701, 10.6954, 10.7301, 10.13001, 10.13003, 10.13200, 10.13226, 10.13278, 10.14100, 10.14126, 10.14180, 10.14183, 10.14185, 10.14730, 10.14775, 10.14779, 10.14800, 10.15225, 10.15226, 10.15227, 10.15626, 10.15627, 10.16000, 10.16001, 10.16051, 10.16102, 10.16128, 10.16131, 10.16177, 10.16202, 10.19050, 10.19051, 10.19052, 10.19100, 10.19102, 10.19103, 10.19104, 10.19107, 10.19401, 10.19402, 10.19901, 40.503, 40.600, 40.1300, 40.1703, 50.3306, 50.9002, 95.10, 95.25, 95.1010, 95.1020, 95.1025 REPEAL: 1.1021, 1.1028, 10.6050, 10.6051, 10.6052, 10.6053, 10.6054, 10.6055, 10.9101, 10.9602, 10.11800, 10.11825, 10.11826, 10.11850, 10.11851, 10.11875, 10.11876, 10.14802, 10.19053, 10.19054, 10.19056, 10.19060, 10.19061, 10.19070, 10.19071, 10.19072, 10.19073, 10.19080, 10.19081, 10.19082, 10.19083, 10.19084, 10.19085, 10.19090, 10.19091, 10.19092, 10.19120, 10.19130, 10.19131, 10.19132, 10.19133, 10.19134, 10.19135, 10.19140, 10.19141, 10.19142, 10.19143, 95.4010, 95.4020, 95.4030 Filed 08/21/2019 Agency Contact: Mark Dyer (916) 322−1977 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit www.oal.ca.gov. 1201