California Regulatory Notice Register — Register 2024, No. 46-Z (NOVEMBER 15, 2024)

Cal. Reg. Notice Reg. 2024, No. 46

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 46–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 15, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest — Notice File Number Z2024–1105–08 ............................................. 1453 AMENDMENT MULTI–COUNTY: Beta Healthcare Group Risk Management Sierra Joint Community College District TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Caribbean Fruit Fly Eradication Area and Interior Quarantine — Notice File Number Z2024–1101–01 .......... 1454 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Mediterranean Fruit Fly Eradication Area — Notice File Number Z2024–1105–07 ........................... 1456 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Spongy Moth Eradication Area — Notice File Number Z2024–1105–06 .................................... 1459 TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Health Risk Mitigation for 1,3–Dichloropropene — Notice File Number Z2024–1105–04 ...................... 1461 TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan’ s Private Passenger Automobile Proposed Rates — Notice File Number Z2024–1104–03 ......................................................... 1466 TITLE 10. DEPARTMENT OF INSURANCE Commercial Automobile Proposed Rates — Notice File Number Z2024–1104–02 ............................ 1468 TITLE 10. DEPARTMENT OF INSURANCE Low–Cost Automobile Proposed Rates — Notice File Number Z2024–1104–01 .............................. 1471 TITLE 16.

BOARD OF PHARMACY Discontinuance of Business — Notice File Number Z2024–1105–01 ....................................... 1474 (Continued on next page)

TITLE 16. BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS Delegation of Certain Functions — Notice File Number Z2024–1105–03 ................................... 1477 TITLE 16. ARCHITECTS BOARD Re–Examination — Notice File Number Z2024–1030–01 ............................................... 1480 TITLE 16.

MEDICAL BOARD Fees for Petitions for Penalty Relief — Notice File Number Z2024–1105–02 ................................ 1482 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE San Juan School Reconstruction Project 2080–2024–018–04, San Benito County ............................ 1486 DEPARTMENT OF FISH AND WILDLIFE Sheep Corral Stream Restoration (Tracking Number: 1653–2024–150–001–R1), Lassen County ................ 1486 RULEMAKING PETITION DECISION DEPARTMENT OF JUSTICE Regarding Petition from Brian J. Van Broeke ......................................................... 1487

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1488 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 REGULATORY 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 $372.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1453 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government 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 Sierra Joint Community College District A written comment period has been established commencing on November 15, 2024, and closing on December 30, 2024.

Written comments should be di - rected to the Fair Political Practices Commission, At - tention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

If a public hearing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest . Any written comments must be received no later than December 30, 2024.

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. There- fore, they are not “costs mandated by the state” as de- fined in Government 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 Com - mission as the code reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 provide that agencies shall adopt and promulgate conflict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne - cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of–interest codes should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1454 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3591.11. CARIBBEAN FRUIT FLY ERADICATION AREA

SECTION 3422. CARIBBEAN FRUIT FLY INTERIOR QUARANTINE The California Department of Food and Agriculture (Department) proposes to make permanent the emer - gency amendment to Title 3, California Code of Reg - ulations (CCR)

Section 3591.11 Caribbean Fruit Fly Eradication Area and adopt Title 3 CCR

Section 3422 Caribbean Fruit Fly Interior Quarantine which adds Orange County to the list of eradication areas, creates an interior quarantine, and updates the host list for Caribbean fruit fly (CFF) to match the current United States Department of Agriculture (USDA) list. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on December 30, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than December 30, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. AUTHORITY The Department proposes to adopt

Section 3422 and amend

Section 3591.11 pursuant to the authority vested by Sections 401.5, 407, 5301, 5302, and 5322 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 401.5, 407, 5301, 5302, 5322, 5761, 5762, 5763 and 5764 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment of Title 3 CCR

Section 3591.11 and adoption of Title 3 CCR

Section 3422 will allow the Department to create an interior quarantine, add Or - ange County to the eradication area, and update the CFF host list to be in harmony with the most current USDA list. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the de- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, FAC

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in FAC

Section 5321. Existing law, FAC

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1455 area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premis - es, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to re- move and replace them with suitable nursery stock in lieu of treatment. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulatory action will allow the Department to create an interior quarantine, add Orange County to the eradication area, and update the CFF host list to be in harmony with the most current USDA list.

Mak- ing these changes will help prevent the spread of CFF, which will benefit: ● the general public ● homeowners and community gardens ● agricultural industry ● the State’s general fund. There are no existing, comparable federal regula - tions or statutes. There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of Sections 3422 and 3591.11 and has deter- mined that they are not inconsistent or incompatible with existing state regulations CALIFORNIA ENVIRONMENTAL QUALITY ACT Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act (CEQA) of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). 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: None. Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

sec. 17500 et seq. (Gov. Code

sec. 11346.5(a) (6).): 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: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because this action only provides authority for state quarantine activities and does not require reporting, recordkeeping, or compli - ance by businesses. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The amendment is designed to prevent or mini - mize the spread of CFF by adopting

Section 3422 and amending

Section 3591.11. The Department has made an assessment that the amendment to this regulation would: (1) not create or eliminate jobs within Cali - fornia, (2) not create new business or eliminate exist - ing businesses within California,(3) not affect the ex - pansion of businesses currently doing business with - in California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to ben-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1456 efit the state’s environment, and is (6) not expected to benefit workers’ safety. Health and welfare: The proposed action will benefit the health and welfare of California residents by mak- ing it more likely that CFF would be detected before an infestation can happen, and, if there is an infesta - tion, the Department can react quickly and effective - ly. Speed of response is key to eradicating an incipient pest infestation.

Programmatic delays potentially can lead to pest quarantines, as well as increased produc - tion costs and potential job loss. The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that CFF would be detected before an infes - tation can happen. If the Department neglects to reg - ulate hosts, this pest could spread into the local envi - ronment via the surrounding non–agricultural ecosys - tems.

This could adversely impact private and com - mercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vig- orous and may produce fewer seeds. Plants/trees with low propagule output can result in major changes to plant community structure.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, 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. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

SECTION 3591.5. MEDITERRANEAN FRUIT FLY ERADICATION AREA The California Department of Food and Agriculture (Department) proposes to make permanent the emer - gency amendment to Title 3, California Code of Regu- lations (CCR)

Section 3591.5 Mediterranean Fruit Fly (MFF) Eradication Area, which adds Alameda Coun - ty to the list of eradication areas. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1457 may be submitted by USPS, FAX or email. The writ - ten comment period closes on December 30,2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than December 30, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her ab- sence, you may contact Sara Khalid at (916) 708–5609 or Sara.Khalid@cdfa.ca.gov. AUTHORITY The Department proposes to amend

Section 3591.5 pursuant to the authority vested by Sections 401.5, 407, 5301, 5302, 5322, 5761 of the Food and Agricul- tural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762, and 5763 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment of Title 3 CCR

Section 3591.5, will add Alameda County to the area. Existing law, FAC

Section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulatory action will allow the Department to add Alameda County to the eradication area.

Mak - ing this change will help prevent the spread of MFF, which will benefit: ● the general public ● homeowners and community gardens ● agricultural industry ● the State’s general fund. ● California’s natural environment ● health and welfare of California residents There are no existing, comparable federal regula - tions or statutes. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of

Section 3591.5 and has determined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act (CEQA) of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1458 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: None. Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

sec. 17500 et seq. (Gov. Code

Section 3591.5. The Department has made an assessment that the amend - ment to this regulation would: (1) not create or elim - inate jobs within California, (2) not create new busi - ness or eliminate existing businesses within Califor - nia,(3) not affect the expansion of businesses current - ly doing business within California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and is (6) not expected to benefit workers’ safety.

Health and welfare: The proposed action will benefit the health and welfare of California residents by mak- ing it more likely that MFF would be detected before an infestation can happen, and, if there is an infesta - tion, the Department can react quickly and effective - ly. Speed of response is key to eradicating an incipient pest infestation. Programmatic delays potentially can lead to pest quarantines, as well as increased produc - tion costs and potential job loss.

The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that MFF would be detected before an infes - tation can happen. If the Department neglects to reg - ulate hosts, this pest could spread into the local envi - ronment via the surrounding non–agricultural ecosys - tems. This could adversely impact private and com - mercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vig- orous and may produce fewer seeds.

Plants/trees with low propagule output can result in major changes to plant community structure. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, 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.

The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).

A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request. The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1459 the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3591.6. SPONGY MOTH ERADICATION AREA The California Department of Food and Agriculture (Department) proposes to make permanent the emer - gency amendment to Title 3, California Code of Reg - ulations (CCR)

Section 3591.6 Spongy Moth Eradica- tion Area, which adds Alameda County to the list of eradication areas. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department.

Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on December 30, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than December 30, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig.

In her ab- sence, you may contact Sara Khalid at (916) 708–5609 or Sara.Khalid@cdfa.ca.gov. AUTHORITY The Department proposes to amend

Section 3591.6 pursuant to the authority vested by Sections 401.5, 407,5322, and 5761 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762, and 5763 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment of Title 3 CCR

Section 3591.6, will add Alameda County to the eradication area. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 401.5, states that the De- partment shall seek to protect the general welfare and economy of the state and seek to maintain the eco - nomic well–being of agriculturally dependent rural communities in this state. Existing law, FAC

Section 5321. Existing law, FAC

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1460 carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

Making these changes will help prevent the spread of Spongy Moth, which will benefit: ● the general public ● homeowners and community gardens ● agricultural industry ● California’s natural environment ● the State’s general fund. ● health and welfare of California residents There are no existing, comparable federal regula - tions or statutes. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of

Section 3591.6 and has determined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act (CEQA) of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

sec. 17500 et seq. (Gov. Code

Section 3591.6. The Department has made an assessment that the amendment to this regulation would: (1) not cre - ate or eliminate jobs within California, (2) not create new business or eliminate existing businesses with - in California,(3) not affect the expansion of business - es currently doing business within California, (4) is expected to benefit the health and welfare of Califor - nia residents, (5) is expected to benefit the state’s en - vironment, and is (6) not expected to benefit workers’ safety.

Health and welfare: The proposed action will ben - efit the health and welfare of California residents by making it more likely that Spongy Moth would be de- tected before an infestation can happen, and, if there is an infestation, the Department can react quickly and effectively. Speed of response is key to eradicating an incipient pest infestation. Programmatic delays poten- tially can lead to pest quarantines, as well as increased production costs and potential job loss.

The state’s environment: The proposed action will benefit the state’s environment by increasing the chance that Spongy Moth would be detected before an infestation can happen. If the Department neglects to regulate hosts, this pest could spread into the lo - cal environment via the surrounding non–agricultural

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1461 ecosystems. This could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habi- tats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds. Plants/trees with low propagule output can result in major changes to plant community structure.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DE PARTMENT OF PESTICIDE REGULATION HEALTH RISK MITIGATION FOR 1,3–DICHLOROPROPENE DPR REGULATION NUMBER 24–001 The Department of Pesticide Regulation (DPR) pro- poses to adopt Title 3, California Code of Regulations (3 CCR)

section 6448.5 and amend sections 6000, 6448, 6448.2, 6448.4, 6624, and 6626. The pesticide regulatory program activities affected by the proposal are those pertaining to restricted materials and pesti - cide use enforcement. In

summary, the proposed ac - tion restricts the use of 1,3–dichloropropene (1,3–

D) to mitigate the potential 40–year working lifetime cancer risk to occupational bystanders 1. The proposed action establishes buffer zone distances (distances from the edge of a treated area where certain activities are restricted) and requires DPR to include an evalua- tion in the 1,3–D Annual Report of whether the 1,3–D air concentration in any township exceeds the accept - able level of 0.21 part per billion (ppb) and to develop appropriate measures to reduce exposures if target air concentration levels are exceeded.

DPR also propos - es to repeal the document “1,3–Dichloropropene Field Fumigation Requirements, Est January 1, 2024,” and adopt the document “1,3–Dichloropropene Field Fu- migation Requirements, Rev. January 1, 2026,” which is incorporated by reference in existing sections 6448, 6448.2, 6624, and 6626. A copy of this document is in- cluded in the rulemaking file. SUBMITTAL OF COMMENTS Any interested person may present comments in writing about the proposed action to the agency con - tact person named below.

DPR will accept written comments that are submitted via U.S. mail and post - marked no later than January 24, 2025. Comments regarding this proposed action that are transmitted via SmartComment online public comment portal at 1 An occupational bystander is an individual working in the vi - cinity of fields treated with 1,3–D but is not directly handling, mixing, or applying the pesticide.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1462 <https://cdpr.commentinput.com?id=gCFatJfYB> or by facsimile at 916–324–1491 must be received no lat- er than January 24, 2025. DPR and the Office of Envi- ronmental Health Hazard Assessment (OEHHA) will jointly review the comments timely received.

PUBLIC HEARINGS Three in–person public hearings and one virtual public hearing have been scheduled for the dates and times stated below to receive oral and/or written com- ments regarding the proposed action. 2 A presentation on the proposed regulations will be given prior to the start of each in–person hearing at 5:45 p.m. and prior to the virtual hearing at 9:45 a.m. The in–person hear- ing will commence at 6:00 p.m. and the virtual hear - ing will commence at 10:00 a.m. The three in–person public hearings will be held as follows: DATE: Wednesday, January 8, 2025 TIME: 6:00–8:00 p.m.

PLACE: Visalia Veteran’s Memorial 609 West Center Ave. Visalia, California 93291 DATE: Thursday, January 16, 2025 TIME: 6:00–8:00 p.m. PLACE: National Steinbeck Center 1 Main Street Salinas, California 93901 DATE: Tuesday, January 21, 2025 TIME: 6:00–8:00 p.m. PLACE: Chico Women’s Club 592 East 3rd Street Chico, California 95928 A DPR representative will preside over the in–person hearings. DPR and OEHHA staff will also be present at the in–person hearings. Persons who wish to speak will be asked to register before the hear- ing.

The registration of speakers will be conducted at the location of the hearing from 5:00 p.m. to 6:00 p.m. Generally, registered persons will be heard in the or - der of their registration. Any other person who wishes to speak at the hearing will be afforded the opportu- nity to do so after registered persons have been heard. If the number of registered persons in attendance war- rants, the hearing officer may limit the time for each presentation in order to allow all registered persons 2 If you have questions, comments, or require additional infor - mation, please contact the contact person named below.

If you require reasonable accommodation or language assistance to par - ticipate, please provide notice at least 10 business days before the public meeting by contacting DPR’s Reasonable Accommodation Coordinator at 916–322–4553. TTY/TDD speech–to–speech us - ers may dial 7–1–1 for the California Relay Service. wishing to speak the opportunity to be heard. As stat - ed above, in addition to accepting oral comments at the public hearing, DPR will accept written comments during the public hearing as well as via SmartCom - ment, U.S. mail, and FAX.

The format of submitting a public comment — orally or in writing — does not impact DPR and OEHHA ’s consideration of, or weight given to, the comment. The virtual public hearing will be held as follows: DATE: Friday, January 10, 2025 TIME: 10:00 a.m.

PLACE: Zoom (Virtual) Webinar ID: 845 7679 6884 Direct link to join the meeting from a web browser or Zoom client: <https://us02web.zoom.us/j/84576796884> One tap to join from a mobile phone: +16699009128,,84576796884# Or call from a landline: +1 669 900 9128 — and enter the Webinar ID (above) when prompted A DPR representative will preside over the virtu- al hearing. DPR and OEHHA staff will also be pres - ent at the virtual hearing.

Persons joining the hearing through the web browser or Zoom client who wish to make comments orally during the hearing may raise their hand using the Zoom functions and make oral comments when called upon. Persons calling into the Zoom meeting who wish to make a comment orally during the hearing may raise their hand by dialing *9 on their phone’s dial pad. This will indicate to DPR representatives that the person on the phone has raised their hand. Generally, persons will be heard in the or - der in which they raised their hand.

Participants will also be given instructions on how to provide oral com- ment once they have accessed the hearing. If persons experience technical difficulties during the hearing, persons may electronically submit written comments through SmartComment online comment portal at <https://cdpr.commentinput.com?id=gCFatJfYB >. DPR will also accept written comments that are sub - mitted via U.S. mail and postmarked on the day of the hearing.

If the number of persons in attendance war - rants, the hearing officer may limit the time for each oral comment in order to allow everyone wishing to speak the opportunity to be heard. The format of sub - mitting a public comment — orally or in writing — does not impact DPR or OEHHA ’s consideration of, or weight given to, the comment. The virtual hearing will also be accessible via pub - lic webcast for persons who would like to watch this hearing without participating. The public webcast can be accessed by visiting the following web address: <https://video.calepa.ca.gov/#/>

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1463 LANGUAGE ACCESS Spanish language

interpretation will be provided at the in–person public hearings on January 8, 2025, Jan- uary 16, 2025, and January 21, 2025, and at the virtu- al hearing on January 10, 2025. To request interpre - tation in another language or sign language services, please email your request to languageaccess@cdpr. ca.gov or call 916–322–4553 by December 23, 2024. For requests received after December 23, 2024, DPR will make a best effort to accommodate the request. EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does affect small business 3.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW DPR’s mission is to protect public health and the en- vironment by regulating pesticide sales and use, and by fostering reduced–risk pest management. DPR’s oversight includes product evaluation and registra- tion; statewide licensing of commercial and private applicators, pest control businesses, dealers, and ad - visers; enforcement; and continuous evaluation of reg- istered pesticides to ensure the protection of human health and the environment. DPR’s program of con- tinuous evaluation includes environmental monitoring and data collection.

DPR also performs human health risk assessments of registered pesticides to carry out its statutory responsibilities. Upon completion of a risk assessment, DPR determines whether the use of a particular pesticide results in an unacceptable risk to human health or the environment, and may imple - ment additional mitigation or control measures on the pesticide’s sale, distribution and use through a vari - ety of regulatory tools, such as conditions on registra- tion, passing regulations, or cancellation.

This statuto- ry scheme is set forth primarily in Food and Agricul - tural Code (FAC) Divisions 6 and 7. 1,3–D is a fumigant used to control nematodes, in - sects, and disease organisms in soil. Under existing regulations, 1,3–D is designated as a restricted mate - rial (3 CCR

section 6400(e)). As a restricted material, the purchase and use of 1,3–D is allowed only under a restricted materials permit from the local county ag - ricultural commissioner (CAC). Before issuing a per - mit, the CAC must evaluate the permit application to determine whether the intended use may cause a sub - stantial adverse environmental impact based on local conditions at the application site. Depending on the re- sults of this review, the CAC may deny the permit or 3 Government Code

section 11342.610. impose permit conditions including the use of specific mitigation measures. As part of the permit for any re - stricted material, applicators must provide a notice of intent to the CAC before any application. The notice of intent includes application–specific information, such as the number of acres being treated and date the ap - plication is intended to commence. Additionally, 1,3–D is listed as a toxic air contam - inant (TAC) in 3 CCR

section 6860(

b) based on its designation as a hazardous air pollutant under the fed- eral Clean Air Act. As a TAC and hazardous air pol - lutant for which a risk assessment has been complet - ed, DPR must determine the “need for and appropriate degree of control measures” pursuant to FAC

section 14023(f). Control or mitigation measures that DPR de- velops for TACs must follow the requirements speci - fied by FAC

section 14024, including consulting with specified agencies. Existing regulations in 3 CCR sections 6648 and 6448.2 also incorporate a range of mitigation mea - sures to address the risks associated with 1,3–D. These include employing low–emission fumiga - tion methods, enhancing soil moisture levels, lim - iting application block size and rates, and maintain - ing setbacks from occupied structures.

These mea - sures take into account seasonal variations (winter and non–winter) and regional factors (coastal and inland) to effectively mitigate both acute and long–term can - cer risks to non–occupational bystanders associated with exposure to 1,3–D. The proposed regulations will place additional and more stringent restrictions on the use of 1,3–D for pro- duction agricultural purposes by establishing require - ments for buffer zones (distances from the edge of a treated area where certain activities are restricted).

The proposed regulations will also require DPR to in- clude an evaluation in the 1,3–D Annual Report to de- termine if the 1,3–D air concentration in any township exceeds the acceptable level of 0.21 ppb and develop appropriate mitigation measures to reduce exposures if air concentration levels are exceeded. The broad objective of the proposed regulations is to mitigate the potential 40–year working lifetime cancer risk to occupational bystanders from the use of 1,3– D.

These proposed regulations to address potential cancer risks to occupational bystanders from 1,3–D use were developed jointly and mutually by DPR and OEHHA, and are based on OEHHA ’s health–based recommendations consistent with FAC

section 12980 et seq. Adoption of these regulations will provide a benefit to public health by mitigating the potential working lifetime cancer risk to no greater than 1 in 100,000 for occupational bystanders from 1,3–D use. During the process of developing these regulations, DPR conducted a search of any similar regulations on this topic and concluded that these proposed regula-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1464 tions are not inconsistent or incompatible with exist - ing state regulations. DPR is the only state agency that has the authority to regulate the use of pesticides. Document Incorporated By Reference: 1,3–Dichloropropene Field Fumigation Require - ments, Rev. January 1, 2026 IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts.

DPR also determined that there are no costs to any local agency or school district requir - ing reimbursement pursuant to Government Code sec- tion 17500 et seq. There are no other nondiscretion - ary costs or savings imposed upon local agencies that are expected to result from the proposed regulatory action. CAC offices will be the local agencies responsi - ble for enforcing the proposed regulations. DPR an - ticipates that there will be no fiscal impact to these agencies. DPR negotiates an annual work plan with the CACs for enforcement activities.

CACs currently evaluate, condition, and enforce 1,3–D restricted ma - terials permits, and the proposed regulations should result in a similar permitting workload. COSTS OR SAVINGS TO STATE AGENCIES The proposed regulatory action is anticipated to re - sult in costs to DPR. Under the proposed regulations, DPR will be required to include an evaluation in the annual report to determine if the 1,3–D air concen - tration in any township exceeds the acceptable level of 0.21 ppb and develop appropriate measures to re - duce exposures if air concentration levels are exceed - ed.

DPR estimates that this will result in a cost of $432,527 in the 2026–2027 Fiscal Year (FY), and a to- tal of $918,887 in the two subsequent FYs (2027–2028 and 2028–2029). EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder - al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR 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 made an initial determination that adoption of this regulation will not have a significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES In reasonable compliance with the proposed action, growers using 1,3–D for the production of an agricul - tural commodity are anticipated to incur costs.

The proposed regulation suggests implementing buffer zones to increase the distance between 1,3–D applica- tions and occupational bystanders as a method to re - duce exposure. It also proposes using totally imper - meable film (TIF) tarps for 1,3–D applications, as they do not require a buffer zone. The initial compliance costs for the proposed buffer zone distances and dura- tion periods, along with the annual cost of acquiring written agreements from neighboring properties, are estimated at $84,136–$125,971 for the initial year and $71,664–$103,866 annually after the first year.

The to- tal statewide cost for businesses to comply with this regulation over its lifetime is estimated to be $493,458 over five years. These estimates are based on the as - sumption that neighboring properties will allow the proposed buffers on their land. These estimates do not include the use of any additional TIF tarp. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Creation or Elimination of Jobs within the State of California: The proposed action will not likely create or eliminate jobs within California.

DPR proposes to establish buffer zones for a certain amount of time for several fumigation methods, and the proposed require- ments are similar to current requirements for other fu- migants. These changes will not lead to the creation or elimination of jobs within California. Creation of New Businesses or the Elimination of Existing Businesses within the State of California: The proposed action would not create new businesses or eliminate existing businesses currently doing busi - ness within the State of California.

The proposed reg - ulations require minimal changes in processes, ser - vices, and equipment for compliance, and the changes can easily be achieved by existing businesses. There - fore, the proposed regulations will not lead to the cre - ation or elimination of existing businesses within California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1465 The Expansion of Businesses Currently Doing Business within the State of California: The proposed action will not likely result in an expansion of busi - nesses currently doing business within the State of California. The proposed regulation requires mini - mal changes in processes, services, and equipment for compliance, and the changes can easily be achieved by existing businesses. Therefore, the proposed regu - lations will not lead to expansion of businesses within California.

The Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The proposed action is de - signed to reduce and mitigate the potential cancer risk of 1,3–D to occupational bystanders. DPR has estab - lished a specific target concentration of 0.21 ppb for 1,3–D. The proposed regulations are anticipated to be protective of occupational bystanders by reducing ex - posure to high concentrations of 1,3–D, thereby low - ering the associated cancer risk.

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 effec - tive and less burdensome to affected private persons 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 au - thority vested by FAC

section 11456, 12981, 12976, 14005, and 14024. REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 11501, 12980, 12981, 14006, and 14024. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the propos - al is based, and a rulemaking file. A copy of the Ini - tial Statement of Reasons and the proposed text of the regulation 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. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substan - tially the same as described in the Informative Digest. If DPR does make substantial changes to the regula - tion, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod - ified text should be addressed to the agency contact person named in this notice.

DPR will accept written comments on any changes for 15 days after the modi - fied text is made available. AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulations; and inquiries regarding the rulemaking file may be direct - ed to: Ann Schaffner, Environmental Program Manager I Worker Health and Safety Branch Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, California 95812–4015 916–323–7614 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Jagjinder Sahota, Environmental Program Manager II Worker Health and Safety Branch 916–324– 4116 This Notice of Proposed Action, the Initial State - ment of Reasons, and the proposed text of the regula - tions are also available on DPR’s Internet Home Page <http://www.cdpr.ca.gov>.

Upon request, the docu - ments can be made available in another language, or an alternate form as a disability–related accommodation. AVAILABILITY 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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1466 Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. TITLE 10. DEPARTMENT OF INSURANCE REG–2024–00015 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to con - sider the application of the California Automobile As- signed Risk Plan (“CAARP” or “Plan”) to change the private passenger automobile rates referenced in the California Code of Regulations, Title 10,

Chapter 5,

Section 2498.5. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed changes will implement, interpret and makes specific the require - ments of Insurance Code

Section 11624(e). Govern - ment Code

section 11340.9(

g) and Insurance Code

Section 11620(

c) apply to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: January 8, 2024 10:00 a.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on January 8, 2024. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by email or facsimile transmission. Please select only one meth- od to submit written comments.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1467 with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 24–09 Simplified Rules and Rates Manual Pursuant to California Insurance Code

Section 11624, The commissioner establishes rates to be charged to those obtaining private passenger auto - mobile coverage through policies assigned through CAARP.

Section 11624 provides premium charges for the plan shall not be excessive, inadequate, nor fair - ly discriminatory, and shall be actuarily sound so as to result in no subsidy of the plan. Title 1, California Code of Regulations

section 2498.5 references the pri- vate passenger automobile rate manual, which is ap - proved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application. CAARP has proposed an 13.7% per - cent rate increase. Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 T H ROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY ; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agen- cy and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi - nation of existing businesses in California, or the ex - pansion of businesses in California.

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1468 SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment. ALTERNATIVES The Insurance Commissioner 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 pro - posed or would be as effective and less burdensome to affected private persons than the proposed action.

PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles. TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this no- tice. The Initial Statement of Reasons, Notice of Pro - posed Action and Regulation Text are available for in- spection or copying, and will be provided at no charge upon request to the contact person listed above.

Fur - ther details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below. FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above. By prior appointment , the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest is being sent to all persons on the Insurance Com- missioner’s mailing list.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2024–00013 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to con - sider the application of the California Automobile As- signed Risk Plan (“CAARP” or “Plan”) to change the Commercial Automobile Insurance Procedure (“CAIP”) rates referenced in the California Code of Regulations, Title 10,

Chapter 5,

Section 2498.5. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed changes will implement, interpret and makes specific the require - ments of Insurance Code

Section 11624(e). Govern - ment Code

section 11340.9(

g) and Insurance Code

Section 11620(

c) apply to this proceeding.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1469 HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: January 8, 2024 10:00 a.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on January 8, 2025. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by email or facsimile transmission. Please select only one meth- od to submit written comments.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 24–08 Simplified Rules and Rates Manual Pursuant to California Insurance Code

Section 11624, The commissioner establishes rates to be charged to those obtaining commercial automobile coverage through CAIP.

Section 11624 provides “Pre- mium charges for the plan shall not be excessive, inad- equate, nor fairly discriminatory, and shall be actuari- ly sound so as to result in no subsidy of the plan.” Ti - tle 10, California Code of Regulations

section 2498.5 references the commercial automobile rate manual, which is approved by the Commissioner but not print- ed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application. CAARP has proposed rate changes for five CAIP sub–lines, amounting to an overall aver- age 28.5% percent rate increase.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1470 Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 T H ROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

ALTERNATIVES The Insurance Commissioner 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 pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this no- tice. The Initial Statement of Reasons, Notice of Pro - posed Action and Regulation Text are available for in- spection or copying, and will be provided at no charge upon request to the contact person listed above. Fur - ther details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1471 email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site. ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con- tact person listed above.

By prior appointment , the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest is being sent to all persons on the Insurance Com- missioner’s mailing list. AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov.

AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2024–00012 REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to consider an adjustment to rates for the California Low Cost Automobile Insur- ance program. Insurance Code

Section 11629.72(

c) provides that, annually, the California Automobile Assigned Risk Plan (“CAARP”) shall submit to the Commissioner a proposed Low Cost Automobile rate and surcharge

schedule for approval. Accordingly, CAARP submit - ted its 2025 rate recommendation, proposing an over - all average rate increase of 5.8%. The Commission - er will consider the current rates and CAARP’s rate proposal and hereby invites public input regarding CAARP’s proposal. Premium rates are specified in the program’s Plan of Operations, approved by the Com - missioner. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.6 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES Authority for the promulgation of rates is vested in the Insurance Commissioner pursuant to Califor - nia Insurance Code Sections 11620, 11624, 11629.7, 11629.72, and 11629.79. Premium rates are referenced in

Section 27 and Exhibit E of the Programs Plan of Operations. The proposed regulation implements, in - terprets and makes specific Insurance Code Sections 11629.72 and 11629.79. Government Code

Section 11340.9(

g) and Insurance Code

Section 11620(

Per - sons with sight or hearing impairments are request - ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1472 WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on January 8, 2025. Any written materials received af - ter that time will not be considered. Written comments may also be submitted to the contact person by email or facsimile transmission. Please select only one meth- od to submit written comments.

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW LC 24–06 California Insurance Code Sections 11629.7 through 11629.85 establish, within the California Automobile Assigned Risk Plan, established under

Section 11620 of the Insurance Code, a statewide Low Cost Automo- bile Insurance Program. Because the program is established and adminis - tered through the CAARP, CAARP procedures are applied where appropriate and consistent with the low cost automobile insurance statutes. Insurance Code Sections 11620 and 11624 require the Commissioner to hold a public hearing before amending assigned risk plan rates.

Section 11629.7 of the Insurance Code requires that, after a public hearing, the Commissioner shall ap - prove or issue a reasonable plan for the equitable ap - portionment, among insurers, of eligible consumers. The plan also contains rules and rates. This plan, ap - proved by the Commissioner, is referenced in Title 10,

Section 2498.6 of the California Code of Regulations. Under the program, the low–cost auto policy satis - fies financial responsibility laws and provides cover - age of $10,000 for liability for bodily injury or death to one person, subject to a cumulative limit of $20,000 for all persons in one accident, and $3,000 for liability for damage to property. In addition to eligibility and other requirements, the statute sets forth the annual premium rates. In certain cases, surcharges are added to the base rate. The statute also provides procedures for adjusting the rates. Insurance Code

Section 11629.72(

c) provides that, annually, CAARP shall submit to the Commissioner a proposed rate and surcharge for approval. Accord - ingly, CAARP has submitted a proposal to increase the current rate 5.8% for the liability policy. Further details appear in the application on file with the Com- missioner, which is available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1473 LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 T H ROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site. ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di - rect questions about CAARP’s application, the state - ment of reasons, and any supplemental information contained in the rulemaking file by contacting the con-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1474 tact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest is being sent to all persons on the Insurance Com- missioner’s mailing list.

BOARD OF PHARMACY DISCONTINUANCE OF BUSINESS NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia State Board of Pharmacy (Board) proposes tak - ing the rulemaking action described below under the heading Informative Digest/Policy Statement Over - view. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office by December 30, 2024.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or that person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing, addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this notice, must be received by the Board at its office no later than December 30, 2024, or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE

Section 4005, Business and Professions Code. Ref - erence: Sections 4080, 4081, 4113, 4332, and 4333, Business and Professions Code; and

Section 11205, Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to regulate the pharmacy industry, including phar - macies, pharmacists, and pharmacy technicians (BPC

section 4000, et seq.). The Board’s mandate and mis - sion are to protect the public (BPC

section 4001.1). The Board’s current discontinuance of business reg- ulations require a licensee to notify the Board and pro- vide specified information; however, there are current- ly no provisions establishing requirements that help ensure continuity of patient care (though the Board’s Disciplinary Guidelines establish requirements that help ensure continuity of patient care in the event a premises license is surrendered or revoked). The Board has received complaints from consum - ers and policy makers in two general areas: 1.

A phar- macy has closed, and a patient cannot receive a re - fill because they are unable to contact the pharmacy to request a prescription transfer; and 2. A pharmacy has closed and transferred patient prescription refills to another pharmacy not of the patient’s choosing. In both such scenarios, patient care is impeded and many times, patients are required to seek a new prescription from their prescriber. The need to obtain a new pre - scription can delay treatment, which jeopardizes pa - tient safety.

This proposal establishes requirements that a clos - ing pharmacy must comply with to ensure arrange - ments are in place to facilitate the continuity of pa - tient care. At minimum, the pharmacy must provide a written notice to ongoing patients that includes the name of the patient, name and address of the pharma - cy, name of the pharmacy where the patients’ records will be transferred, and information on how to request a prescription transfer prior to the closure of the phar- macy.

Additionally, the pharmacy must reverse all prescriptions for which reimbursement was sought but the prescriptions are not picked up by patients.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1475 Anticipated Benefits of the Proposed Regulations The Board has determined that this regulatory pro - posal will have the following benefits to health and welfare of California residents and will not impact worker safety or the state’s environment. Protection of the public is the Board’s highest pri - ority in exercising its licensing, regulatory, and disci - plinary functions. For many communities, the closure of a local pharmacy and loss of the pharmacist means that healthcare services and medications are interrupt- ed and hard to reach.

The proposed amendments to the existing regulations will help ensure that patients have seamless and continued access to their medica - tions and other healthcare services. A notice of the discontinuance of a pharmacy will increase patient awareness of planned pharmacy clo - sures and mitigate destabilization in patient’s access to medications and healthcare services.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations. The proposed amendments expand upon existing regulations, which require a licensee or pharmacy to notify the Board and provide specified information upon discontinuance of a business.

Furthermore, the Board’s Disciplinary Guidelines establish requirements for continuity of patient care in the event a premises license is surren - dered or revoked, but not in the event of discontinu - ance of business. DISCLOSURES REGARDING THIS PROPOSED ACTION Fiscal Impact and Related Estimates Fiscal Impact on Public Agencies Including Costs/ Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. The proposed regulations do not result in a fiscal impact to the State.

The Board does not anticipate additional workload or costs result- ing from the proposed regulations, as the Board will be able to ensure compliance during the normal in - spection process without additional workload or costs. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Mandate Imposed on Local Agencies or School Dis- tricts: None. Significant Effect on Housing Costs: None.

Business Impact Estimates: The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact direct - ly affecting business, including the ability of Cali - fornia businesses to compete with businesses in oth - er states. The proposed amendments expand on exist - ing requirements, which provide clarity to consumers with respect to closure of pharmacies. Additionally, the proposal identifies the specific requirements for discontinuance of business.

The estimated cost to the pharmacy is within existing parameters, and require a notice within normal business hours and the staff time spent to alert the consumer of the impending closure, arrange for the continuation of care for existing pa - tients of the pharmacy by, at minimum, providing a written notice to ongoing patients that specifies the an- ticipated closing date of the pharmacy and that identi- fies one or more area pharmacies capable of taking up the patients’ care, and by cooperating in the transfer of records or prescriptions for ongoing patients.

The Board determined that the written notice could be pro- vided via SMS text messaging, email, via a posted no- tice within the pharmacy, or another method as deter - mined by the pharmacy based on the business practice of the pharmacy. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

Effect on Small Business: While the Board does not have, nor does it maintain, data to determine if any of its licensees (pharmacies and clinics) are a “small business”, as defined in Gov- ernment Code

section 11342.610, the Board has made an initial determination that the proposed regulatory action may affect small businesses, but in a way that is extremely beneficial to consumers, as staff time would be spent alerting the consumer of the impending clo - sure, arranging for the continuation of care for exist - ing patients of the pharmacy by, at minimum, provid - ing a written notice to ongoing patients that specifies the anticipated closing date of the pharmacy and that identifies one or more area pharmacies capable of tak- ing up the patients’ care, and cooperating (as may be necessary) in the transfer of records or prescriptions for ongoing patients.

While their may be a minimal cost, the Board determined that the cost would not be substantial.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1476 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Board concludes that this proposal will not: (1) create jobs within California; (2) eliminate jobs within California; (3) create new businesses within California; (4) eliminate existing businesses within California; and, (5) expand businesses currently doing business in the State of California. The Board determined that this proposal will not create or eliminate jobs or businesses.

The propos - al identifies the specific requirements for discontinu - ance of business.

The estimated cost to the pharmacy would be the staff time spent to alert the consumer of the impending closure, arrange for the continuation of care for existing patients of the pharmacy by, at min - imum, providing a written notice to ongoing patients that specifies the anticipated closing date of the phar - macy and that identifies one or more area pharmacies capable of taking up the patients’ care, and by cooper- ating as may be necessary in the transfer of records or prescriptions for ongoing patients Benefits of Regulation: The Board has determined that this regulatory pro - posal will benefit the health and welfare of California residents, as the proposed regulation provides clari - ty to consumers with respect to closure of pharma - cies and will help ensure that patients have seamless and continued access to their medications and other healthcare services.

The regulatory proposal will not impact worker safety or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file an additional report with the Board, as the existing regulations require businesses to report their closure to the Board. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Board determined that no reason - able alternative that it considered to the regulation, or that has otherwise been identified and brought to its attention, would either be more effective in carry - ing out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposal described in this No- tice, or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at the address listed for the “ Contact Person” during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in - formation on which this proposal is based.

This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per - sons named in this notice. AVAILABILITY OF TEXT OF PROPOSAL 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 Board of Pharmacy at 2720 Gateway Oaks Drive, Suite 100, Sacramento, Califor- nia 95833, or from the Board of Pharmacy’s website at http://www.pharmacy.ca.gov/laws_regs/pending_ regs.shtml.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any modi - fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person desig - nated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations 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 Reasons, once it has been prepared, by making a writ- ten request to the Contact Person named below or by accessing the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1477 CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 244–6648 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca.ca.gov The backup contact person is: Name: Julie Ansel Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3100 Fax Number: (916) 574–8618 E–Mail Address: PharmacyRulemaking@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the Board of Pharmacy’s website: https://www.pharmacy.ca.gov/laws_regs/pending_ regs.shtml.

TITLE 16. BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS DELEGATION OF CERTAIN FUNCTIONS NOTICE IS HEREBY GIVEN that the Board of Vocational Nursing and Psychiatric Technicians (hereafter “Board”) is proposing to take the action de- scribed in the Informative Digest below, after consid - ering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than by Monday, December 30, 2024 , or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by

section 2854 of the Business and Professions Code (BPC), and to im - plement, interpret, or make specific BPC section(s) 2847.1 and 2876, the Board is considering amending

section 2503 of title 16 of the California Code of Reg- ulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law at Business and Professions Code (BPC)

section 2847.1 provides in part: (

a) Except as provided in subdivision (f), the board shall select an executive officer who shall per- form duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. In 2021, BPC

section 2876(

b) was enacted by AB 1536 (Stats. 2021,

chapter 632) and provides: “The board shall delegate to its executive office the author- ity to adopt a decision entered by default and a stipu - lation for surrender of a license.” (Emphasis added.) However,

Section 2875 does not specify which public officer or officers can perform those delegated tasks in the “Executive Office” and the current regulation does not include identify authority to adopt decisions ren - dered by default as a prescribed duty of the Executive Officer. The Board has adopted California Code of Regula - tions, title 16 (CCR),

section 2503 to prescribe the du- ties delegated to the Executive Officer by the Board, or to the Assistant Executive Officer in the Execu - tive Officer’s absence. However, the Board proposes to update its current Executive Officer delegation reg- ulation to better align the duties of its Executive Of - ficer with statutory changes to the Vocational Nurs - ing Practice Act (Act) and conform CCR

section 2503 to the Board’s current enforcement processes. These amendments include the following:

(1) Amend

Section 2503 to include the delegated duty “to adopt a decision entered by default” to

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1478 clarify who can exercise this authority on behalf of the Board in the Board’s “Executive Office” as set forth in BPC

section 2876. The proposed changes would specify that such acts can be per - formed by the Executive Officer or, in the absence of the Executive Officer, the Assistant Executive Officer. This would resolve the current ambiguity in the statute and conform the text to current Ex - ecutive Office management positions and duties.

(2) Repeal the reference to approving settlement agreements for “revocation” of a license, as such discretionary decisions are currently reviewed by the Board members for action and not the Exec - utive Officer. Removal of that reference would conform the regulation to current enforcement processes.

(3) Finally, the Board’s prior delegation statute at BPC

section 2847 referenced in the current “Note”

section of this regulation has been repealed. As a result, the current proposal is to remove that ob - solete reference and update the “Note”

section to add new authority in the regulation’s “reference”

section consistent with legislative amendments to BPC sections 2847.1 and 2876. Anticipated Benefits of Proposal The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents: The objective of this proposal is to ensure that the Board’s regulations accurately reflect the duties del - egated to the Board’s Executive Officer in compli - ance with the laws related to the Board’s jurisdiction in one convenient location.

This helps avoid licensee and staff confusion about who is authorized to make decisions on behalf of the Board involving default de- cisions and the approval of settlement agreements for the revocation of a license. This helps ensure trans - parency, legal compliance and accuracy in the Board’s operations and a well–informed public. This regulatory proposal does not affect worker safety or the state’s environment.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Sav - ings in Federal Funding to the State: None. The pro- posed regulations do not result in a fiscal impact to the state.

This proposal conforms the regulation regard - ing the Executive Officer’s duties to current law and Board enforcement–related practices. The Board does not anticipate additional workload or costs resulting from the proposed regulations. The proposed regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the following facts: The proposed regulatory changes are administrative and help to ensure transparency, legal compliance, and accuracy in the Board’s operations.

This proposal con- forms the regulation regarding the Executive Officer’s duties to current law and Board enforcement–related practices. The Board does not anticipate that any busi- nesses, including any businesses employing licensed vocational nurses or psychiatric technicians, would be impacted by what the Board considers to be “clean– up” changes to its current Executive Officer delegation regulation.

Cost Impact on Representative Private Person or Business The Board 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 46–Z 1479 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state. The proposal makes administrative “clean–up” changes to conform with current law and Board enforcement–related practices.

Benefits of Regulation The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents. The objective of this proposal is to ensure that the Board’s regulations accurately reflect the duties del - egated to the Board’s Executive Officer in compli - ance with the laws related to the Board’s jurisdiction in one convenient location.

This helps avoid licensee and staff confusion about who is authorized to make decisions on behalf of the Board involving default de- cisions and the approval of settlement agreements for the revocation of a license. This further ensures trans- parency, legal compliance and accuracy in the Board’s operations and a well–informed public. This regulatory proposal does not affect worker safety or the state’s environment as it does not involve worker safety or the environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board.

Effect on Small Business The Board has determined that the proposed reg - ulations will not affect small businesses as stated in the “Business Impact Estimates”

section of this No - tice. Any costs of compliance are a result of current law. This proposal simply conforms the regulation re- garding the Executive Officer’s duties to current law and Board enforcement practices and would not affect small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation 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; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determina - tions at 2535 Capitol Oaks, Suite 205, Sacramento CA 95833, and to the attention of either of the persons list- ed under the

section “Contact Persons” listed below, during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulato - ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in - formation on which this proposal is based. This mate- rial is contained in the rulemaking file and is available for public inspection upon request to the contact per - sons named in this Notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board at 2535 Capitol Oaks, Suite 205, Sacramento CA 95833. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently relat - ed to the original text.

With the exception of techni - cal or grammatical changes, the full text of any modi - fied proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the persons desig - nated in this Notice as the Contact Persons and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMA

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 46
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	b30532342f5ef755317184d7f01f0241336be2e3

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