California Regulatory Notice Register — Register 2023, No. 30-Z (JULY 28, 2023)

Cal. Reg. Notice Reg. 2023, No. 30

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 30-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 28, 2023 PROPOSED ACTION ON REGULATIONS TITLE 4. HORSE RACING BOARD Fire Safety — Notice File Number Z2023–0712–01 ..................................................... 947 TITLE 5. CALIFORNIA STATE UNIVERSITY Conflict–of–Interest Code Amendment — Notice File Number Z2023–0718–10 ............................... 950 TITLE 14.

FISH AND GAME COMMISSION Marine Protected Areas, Marine Managed Area — Notice File Number Z2023–0718–07 ....................... 951 TITLE 16. LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE Examination Transition Plan — Notice File Number Z2023–0717–02 ....................................... 955 TITLE 16. BUREAU OF AUTOMOTIVE REPAIR Automotive Repair Dealer Registration Renewal Requirements — Notice File Number Z2023–0714–01 ........... 957 TITLE 16.

SPEECH–LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD Continuing Education Requirements for Hearing Aid Dispensers — Notice File Number Z2023–0714–05 .......... 960 TITLE 16. DENTAL BOARD Temporary Licenses for Military Spouses or Partners — Notice File Number Z2023–0718–03 ................... 963 TITLE 16. PHYSICIAN ASSISTANT BOARD Senate Bill 697 Implementation — Notice File Number Z2023–0718–04 .................................... 967 TITLE 18.

DEPARTMENT OF TAX AND FEE ADMINISTRATION Lead–Acid Battery Fees Regulations — Notice File Number Z2023–0717–01 ................................ 970 (Continued on next page)

(Continued on next page) GENERAL PUBLIC INTEREST DEPARTMENT OF DEVELOPMENTAL SERVICES Proposed Waiver Amendment for Medi–Cal 1915(

c) Home and Community Based Services Self Determination Program Waiver for Developmentally Disabled, Changing Financial Management Services ............................................................................ 980 DEPARTMENT OF DEVELOPMENTAL SERVICES Proposed Amendments to Medi–Cal Home and Community Based Services 1915(

c) Waiver for the Developmentally Disabled, Adding Coordinated Family Supports (CFS) ........................ 981 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for John Smith Creek Large Wood Enhancement Project, Tracking Number: 1653–2023–118–001–R1, Mendocino County .......................................... 981 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Bear Haven Creek Large Wood Enhancement Project, Tracking Number: 1653–2023–119–001–R1, Mendocino County .......................................... 982 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Hollow Tree Creek Large Wood Enhancement Project, Tracking Number: 1653–2023–120–001–R1, Mendocino County .......................................... 982 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Las Encinas Crossing Replacement and Restoration Project, Tracking Number: 1653–2023–121–001–R5, Ventura County ............................................. 983 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Iron Horse Vineyards Fish Screen Implementation Project, Tracking Number: 1653–2023–122–001–R3, Sonoma County ............................................ 983 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–115–001–R1, Dry Dock Gulch Alcove Habitat Enhancement and Fish Passage Project, Mendocino County ............................................. 984 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Public Comment Period – Proposed Settlement ........................................................ 986 DECISION NOT TO PROCEED RESPIRATORY CARE BOARD Respiratory Tasks and Services ..................................................................... 987

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 $205.00 (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 .

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 987

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 947 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 4. HORSE RACING BOARD

ARTICLE 17. FIRE PREVENTION AND SECURITY RULE 1927. FIRE PREVENTION RULE 1928. FIRE REGULATIONS

ARTICLE 28. BACKSTRETCH WORKER HOUSING RULE 2101. DEFI NITIONS RULE 2103. HABITABLE ROOMS The California Horse Racing Board (Board) pro - poses to amend the regulations described below after considering all comments, objections, and recommen- dations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1927, Fire Prevention, to require that protocols be in place for instances of fire within the inclosure, that fire and life safety inspections be performed in accordance with the local authority and appropriate National Fire Pro - tection Association standards, and that licensees (i.e., racing associations and fairs) provide documentation of adherence to the applicable local fire protection authority.

The amendment will also require that the written clearance from the fire authority be filed with the Board on an as–needed basis such that the written clearance is continuously in effect during the period that horses and licensees are present at the inclosure. Finally, the amendment will require licensees to pro - vide the protocols in place for instances of fire within the inclosure.

The Board proposes to amend Board Rule 1928, Fire Regulations, to replace the provision that every asso - ciation post in its stable and backstretch worker hous - ing areas the fire regulations applicable on its grounds with language clarifying that every association, fair, or approved training facility must post the emergency evacuation plan, which must state the fire safety infor- mation that is currently required to be posted. The Board proposes to amend Board Rule 2101,

Definitions, and Board Rule 2103, Habitable Rooms, for consistency with the proposed changes to Board Rule 1927 and Board Rule 1928. 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. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board.

The written comment period closes on September 11, 2023. The Board must receive all comments by that time. Submit comments to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Email: repimentel@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19420, 19440, 19460, 19481.5, and 19661, Business and Professions Code (BPC). Reference: Sections 19440, 19481, and 19481.5, BPC.

Section 17920.3, Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19420 provides that jurisdiction and su- pervision over meetings in California where horse rac- es with wagering on their results are held or conduct - ed, and over all persons or things having to do with the operation of such meetings, is vested in the Board. BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of Horse Rac - ing Law, whereby responsibilities of the Board shall include, but not be limited to, adopting rules and regulations for the protection of the public and con - trol of horse racing and parimutuel wagering. BPC

section 19460 provides, in part, that licenses granted by the Board are subject to all rules, regulations, and conditions prescribed by the Board and shall contain such conditions as are deemed necessary or desirable by the Board. BPC

section 19481.5 provides, in part, that the Board shall adopt regulations to establish standards governing the employee housing provided

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 948 to backstretch personnel at licensed racetracks. BPC

section 19661 provides, in part, that any person who violates any of the provisions of Horse Racing Law, for which a penalty is not expressly provided, is guilty of a misdemeanor. The recent implementation of the Horseracing In - tegrity and Safety Authority’s (HISA) federal regu - lations requires that the Board’s rules regarding fire safety be amended. Additionally, these rules were originally conceived without consultation with a fire authority and, consequently, do not form a logical set of fire safety provisions.

Furthermore, said rules are inconsistent with the realities of performing fire inspections, as local fire authorities have limited re - sources and must deal with the impact of unpredict - able events on workload and availability. Therefore, the Board seeks to revise its fire safety regulations to conform to federal regulations and to provide for consistency with day–to–day fire authority activities, with the effect of improving overall fire safety.

The proposed regulatory action will implement HISA Rule 2163, Fire Safety, by requiring that proto - cols be in place for instances of fire within the inclo - sure, that fire and life safety inspections be performed in accordance with the local authority and appropriate National Fire Protection Association standards, and that licensees provide documentation of adherence to the applicable local fire protection authority, thereby ensuring conformity with federal regulations.

The proposed regulatory action will also require that the written clearance from the fire authority be filed with the Board on an as–needed basis such that the written clearance is continuously in effect during the period that horses and licensees are present at the inclosure. Furthermore, licensees will be required to provide the protocols in place for instances of fire within the inclo- sure. Finally, the proposed regulatory action will elim- inate those provisions that have proven to be arbitrary and inconsistent with actual fire authority practice.

ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed regulatory action will provide for conformity with federal regulations, consistency with day–to–day fire authority activities, and improved overall fire safety, thereby promoting the health and welfare of horses and their caretakers.

The proposed amendment to Board Rule 1927 will align the rule with HISA Rule 2163 by requiring that protocols be in place for instances of fire within the inclosure and stipulating that the written fire clearance state that the inspection was performed in accordance with the lo - cal authority and appropriate National Fire Protection Association standards. The amendment will also elim- inate those provisions that have proven to be arbitrary and inconsistent with actual fire authority practice.

Additionally, the amendment will require licensees to file with the Board a written clearance from the fire authority having jurisdiction on an as–needed basis such that the clearance is continuously in effect during the period when horses or licensees are present at the inclosure. Finally, the amendment will require licens - ees to file with the Board the protocols in place for instances of fire within the inclosure. These changes will improve fire safety and help promote the health and welfare of horses and backstretch workers.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de - veloping the proposed regulatory action, the Board conducted a search of any similar regulations on the topic and concluded that Board Rule 1927 is the only regulation that sets forth the Board’s fire safety pro - visions for racing associations and fairs; Board Rule 1928 is the only regulation that requires racing asso - ciations and fairs to post, in the stable and backstretch housing areas, emergency information needed in the case of a fire; Board Rule 2101 is the only regulation that defines certain terms pertaining to backstretch worker housing; and Board Rule 2101 is the only regu- lation that sets forth requirements for habitable rooms with respect to backstretch worker housing.

Therefore, the proposed regulatory action is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to local agencies and school districts that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none.

The Board has made an initial determination that the proposed regulatory action will not have a sig - nificant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The proposed regulatory action will require that pro - tocols be in place for instances of fire within the inclo- sure and stipulate that the written fire clearance state that the inspection was performed in accordance with the local authority and appropriate National Fire Pro - tection Association standards; eliminate those provi - sions that have proven to be arbitrary and inconsistent

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 949 with actual fire authority practice; require licensees to file with the Board a written clearance from the fire authority having jurisdiction on an as–needed basis such that the clearance is continuously in effect during the period when horses or licensees are present at the inclosure; replace the provision that every association post in its stable and backstretch worker housing ar - eas the fire regulations applicable on its grounds with language clarifying that every association, fair, or approved training facility must post the emergency evacuation plan, which must state the fire safety in - formation that is currently required to be posted; and make non–substantive technical edits for consistency and clarity.

The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed regulatory action will not create or eliminate jobs within the state, will not create new businesses or eliminate existing business - es within the state, will not result in the expansion of businesses currently doing business with the state, and will not benefit the state’s environment. It will, however, benefit the health and welfare of California residents and worker safety by improving fire safety within the racing inclosure, particularly in the back - stretch worker housing area, where the horses’ care - takers reside.

By ensuring that a fire clearance is con - tinuously in effect, the proposed regulatory action will minimize the risk for fire and, consequently, danger to the backstretch workers. Effect on small business: none. The proposed reg - ulatory action does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation.

The proposed regulatory action will require that protocols be in place for instances of fire within the inclosure and stipulate that the written fire clearance state that the inspection was performed in accordance with the local authority and appropriate National Fire Protection Association standards; elim - inate those provisions that have proven to be arbitrary and inconsistent with actual fire authority practice; require licensees to file with the Board a written clear- ance from the fire authority having jurisdiction on an as–needed basis such that the clearance is continuous- ly in effect during the period when horses or licensees are present at the inclosure; replace the provision that every association post in its stable and backstretch worker housing areas the fire regulations applicable on its grounds with language clarifying that every as - sociation, fair, or approved training facility must post the emergency evacuation plan, which must state the fire safety information that is currently required to be posted; and make non–substantive technical edits for consistency and clarity.

CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board or that has oth - erwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Rick Pimentel, Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 274–6043 Email: repimentel@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 869–3255 Email: amdrummond@chrb.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 950 AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state - ment of reasons.

Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Rick Pimentel or the alternative contact person at the address, phone number, or email address listed above. AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Rick Pimentel at the address stated above. The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

AVAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of rea - sons, which will be made available after the Board has adopted the proposed regulation in its current or modified form, should be sent to the attention of Rick Pimentel at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website. The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 5.

CALIFORNIA STATE UNIVERSITY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Board of Trustees of the California State University, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes to amend its Conflict– of–Interest code. A public hearing concerning these proposed changes will be held in the Glenn S. Dumke Conference Center at 401 Golden Shore, Long Beach, California 90802–4210 commencing at 9:00 a.m. on September 12, 2023, or as soon thereafter as the busi - ness of the Board will permit. Any person interested may present statements orally or in writing relevant to the proposed action at that hearing. Written comments must be received by 5:00 p.m. PST on September 11, 2023, addressed to Leora D.

Freedman, Vice Chancel- lor, Human Resources, Office of the Chancellor, 401 Golden Shore, Long Beach, California 90802–4210. INFORMATIVE DIGEST The Board of Trustees of the California State Uni - versity proposes to amend its Conflict–of–Interest Code to reflect changes in the disclosure categories and designated positions to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. The amendment will be made in the designated positions and the disclosure categories assigned to the designated positions on all campuses and in the headquarters of the California State University. The Fair Political Practices Commission last ap - proved the California State University Conflict–of– Interest Code in 2017.

Since that time, the California State University has been working closely with the Fair Political Practices Commission to revise the Con- flict–of–Interest Code to ensure greater consistency in how disclosure categories are assigned to designated positions with similar areas of responsibility across all campuses and the headquarters of the California State University and to make the disclosure categories easi- er to understand. Information on the code amendment is available on the CSU’s Conflict–of–Interest Code website, which can be accessed at https://www.calstate.edu/csu–

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 951 system/faculty–staff/systemwide–human–resources/ conflict–of–interest.

COST TO STATE AND LOCAL AGENCIES AND SCHOOL DISTRICTS The adoption of the proposed amendment will not impose a cost or savings on any state agency; will not impose a cost or savings on any local agency or school district that is required to be reimbursed under Sec - tion 17561 of the Government Code; will not result in any nondiscretionary cost or savings to local agencies; will not result in any cost or savings in federal funding to the state; and will not impose a mandate on local agencies or school districts. AUTHORITY The regulations are being amended pursuant to Sec- tion 89030, Education Code, and

Section 87306, Gov- ernment Code. REFERENCE Education Code

Section 89030; Government Code

Section 87300 et seq. CONTACT Inquiries concerning the proposed change may be directed to Andy Alvarez, Human Resources, Office of the Chancellor, California State University, 401 Golden Shore, Long Beach, California 90802–4210 (telephone: 562/951–4411). Copies of this notice and information supporting the proposed amend - ments, and all information upon which the proposal is based are available for viewing on our internet site https://www.calstate.edu/csu–system/faculty–staff/ systemwide–human–resources/conflict–of–interest , or upon request of Leora D.

Freedman, Vice Chancel- lor, Human Resources, Office of the Chancellor, 401 Golden Shore, Long Beach, California 90802–4210. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 205(c), 265, 399, 1590, 1591, 2860, 2861 and 6750 of the Fish and Game Code and sections 36725(

a) and 36725(

e) of the Pub - lic Resources Code and to implement, interpret or make specific sections 200, 205(c), 265, 399, 2861, 5521, 6653, 8420(

e) and 8500 of said Code and sec - tions 36700(e), 36710(e), 36725(

a) and 36725(

e) of the Public Resources Code, proposes to amend

Section 632, Title 14, California Code of Regulations, relat - ing to incidental take authorization for work on pre– existing artificial structures in Marine Protected Ar - eas and Marine Managed Areas. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Implemented in 1999, the Marine Life Protection Act (MLPA) (Fish and Game Code sections 2850–2863) required California to reevaluate all existing marine protected areas (MPAs), which were at that time large- ly ineffective and disconnected, and design new MPAs that together function as a comprehensive statewide network.

While MPAs are a subset of marine managed areas (MMAs) throughout this informative digest the more common term “MPA” is used as an umbrella to refer to all types of protected areas, and include three MPA classifications (state marine reserve [SMR], state marine conservation area [SMCA], state marine park [SMP]) and one MMA classification (state marine recreational management area [SMRMA]). Planning for California’s Statewide MPA Network occurred through a sequential series of four regional public planning processes from 2004 to 2012.

During the designation process in the north and south coast regions it was recognized that some MPAs being considered for designation had pre–existing ar - tificial structures within them. The continued opera - tion and maintenance of these pre–existing artificial structures would result in incidental take of marine re- sources, so regulations were specifically written to al- low for their continued operation and maintenance as an allowed take activity within these specific MPAs.

However, following implementation the MPA Network, it was learned that not all structures were identified at the time of regional MPA planning. As such, there remain pre–existing artificial structures throughout the statewide MPA Network requiring op- eration and maintenance activities that conflict with their current individual MPA regulations. To allow for continued operation, maintenance, re - pair, removal, and replacement of pre–existing artifi - cial structures that existed prior to establishment of MPAs, the Department is proposing to add three new subsections to

section 632: 1) define what qualifies as a pre–existing artificial structure, 2) define what is an incidental take buffer zone around pre–existing artificial structures for maintenance and repair, and 3) identification and permit or lease requirements for pre–existing artificial structure activities. In addition, the Department is proposing to designate areas within SMRs where pre–existing artificial structures occur and accompanying buffer zone will exist as SMCAs to allow for incidental take during maintenance activ - ities. The Department is also proposing to add a sin -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 952 gle subsection to reference when citing any MPA take violation. The following is a

summary of the proposed lan - guage change for

Section 632: ● Current subsections 632(a)(1)(

A) through 632(a)(1)(

D) provide

definitions and allowable uses for each designation type, which will be amended as follows: ○ Proposed language for SMRs will now in - clude: “Notwithstanding the designation specified in this section, the boundaries of all state marine reserves exclude any pre– existing artificial structure when that struc - ture is being actively maintained, repaired, or operated by the leaseholder(s), permit - tee(s), or their agent(s).” ○ Proposed language for SMPs, SMCAs, and SMRMAs will now include: “Take of ma - rine resources incidental to the operation, maintenance, repair, removal, and replace - ment within the existing footprint of pre– existing artificial structures is allowed in [corresponding designation] pursuant to any required federal, state, and local permits and leases or if otherwise authorized through any applicable federal, state, and local law.

This subsection does not authorize retention or possession of any marine resource taken pursuant to this subsection.” ■ Proposed language for SMCAs will also include: “Any area within a state marine reserve that is excluded from the boundaries of the state ma - rine reserve pursuant to subsection 632(a)(1)(A)(1) is a state marine conser- vation area.” ● New subsection 632(a)(1)(

E) will provide a single code

section for wildlife officers to cite violations: ○ Proposed language is as follows: “It is un - lawful to injure, damage, take, retain, or possess any living, geological, or cultur - al marine resource in any marine managed area except as otherwise specified in subsec- tions 632(a)(1)(A)–(D).” ● New subsection 632(a)(13) will define what qual- ifies as a pre–existing artificial structure: ○ Proposed language is as follows: “For the purpose of this section, “pre–existing arti - ficial structure” refers to any structure man - ufactured, created, installed, or construct - ed in state waters pursuant to any required federal, state, and local permits, leases, or other authorizations, including an inciden - tal take buffer zone as defined in subsection 632(a)(14).

Any structure constructed and installed pursuant to public safety con - cerns as defined in subsection 632(a)(10) will be considered a pre–existing artificial structure.” ● New subsection 632(a)(14) will define what is considered an incidental take buffer zone: ○ Proposed language is as follows: “Incidental Take Buffer Zone for Pre–Existing Artificial Structures (Incidental Take Buffer Zones). For the purpose of this section, an “inciden - tal take buffer zone” is established in the peripheral area surrounding a pre–existing artificial structure as defined in subsection 632(a)(13).

The incidental take buffer zone shall include the entirety of the surround - ing water column within 250 linear feet in any direction from the pre–existing artifi - cial structure, not including areas above the mean high tide line.” ● New subsection 632(a)(15) will define identifi - cation and permit or lease requirement for pre– existing artificial structure activities: ○ Proposed language is as follows: “At all times, when conducting any operation, maintenance, repair, removal or replacement activity of a pre–existing artificial structure authorized by a federal, state, or local permit or lease, the leaseholder(s), permittee(s), and their agent(

s) shall carry in their possession a valid government–issued form of identifi - cation, and a digital or printed copy of the permit or lease. The only acceptable forms of identification are driver’s licenses or oth- er photo identification cards issued by a U.S. state, a valid photo identification card issued by a federally recognized tribe as specified in subsection 632(a)(11), or an internation - al passport. Valid identification and a copy of the lease or permit shall be exhibited im - mediately upon demand by any person au - thorized by the department to enforce this regulation.” Benefits of the Proposed Regulation The proposed amendments and subsection additions to

Section 632 will allow for incidental take of ma - rine resources in discrete areas related to the opera - tion, maintenance, repair, removal, and replacement of a pre–existing artificial structure located within an MPA, without having to amend MPA designations and take regulations within specific MPAs statewide. These proposed changes would align MPA regula - tions with original design intention to consider exist - ing leases, permits, and any other legal entitlements that current regulations may impair. These proposed changes would also simplify citing process for wild -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 953 life officers enforcing MPA regulations. This proposed regulatory amendment would not affect fishing regu - lations in MPAs. Consistency and Compatibility with Existing State Regulations The proposed regulations are consistent with regu - lations concerning sport and commercial fishing found in Title 14, CCR.

The State Water Resources Control Board may designate State Water Quality Protection Areas and the State Park and Recreation Commission may designate SMRs, SMCAs, SMRMAs, SMPs and State Marine Cultural Preservation Areas; however, only the Commission has authority to regulate com - mercial and recreational fishing and any other taking of marine species in MMAs.

Department staff has searched the CCR and has found no other regulations pertaining to authorized activities in marine protected areas and therefore has determined that the proposed amendments are neither inconsistent, nor incompati - ble, with existing state regulations. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before November 30, 2023 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on December 8, 2023.

If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090. Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in River Lodge Conference Center, 1800 River Walk Drive, Fortu - na, California, which will commence at 8:30 a.m. on Tuesday August 22, 2023, and may continue at 8:30 a.m. on Wednesday August 23, 2023.

This meeting will also include the opportunity to participate via we- binar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information.

NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writing, relevant to this action at a hearing to be held in San Diego, California, which will commence at 8:30 a.m. on Wednesday December 13, 2023, and may contin- ue at 8:30 a.m. on Thursday December 14, 2023. The exact location of this meeting has not yet been deter - mined. As soon as this information is available but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing the exact location.

The continuation notice will also be published in the California Regulatory Notice Register and will be published on the Com - mission’s website. This meeting will also include the opportunity to participate via webinar/teleconference. Instructions for participation in the webinar/telecon - ference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meet- ing agenda, which will be available at least 10 days prior to the meeting, for the most current information.

AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899.

Please direct requests for the above–mentioned documents and inquiries concern - ing the regulatory process to Melissa Miller–Hen - son or Maurene Trotter at FGC@fgc.ca.gov or at the preceding address or phone number. Amanda Van Diggelen, Environmental Scientist, Department of Fish and Wildlife, R7RegionalMgr@wildlife. ca.gov and/or (562) 522–390. has been designated to respond to questions on the substance of the pro- posed regulations.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 954 IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Abil - ity of California Businesses to Compete with Businesses in Other States: The proposed action will not have a signifi - cant statewide adverse economic impact direct - ly affecting business, including the ability of California businesses to compete with business - es in other states.

The proposed amendments pro- vide existing lease holders permission for inci - dental take of marine resources in accordance with operation, maintenance, and repair of their pre–existing structure within an MPA, pursuant to other required federal, state, and local permits. Absent the proposed amendments, pre–existing artificial structures may not have been able to ful- ly sustain their original uses, and more quickly depreciate. This regulatory action minimizes an impediment to the operation, maintenance, and repair of pre–existing structures.

It does not im - pose nondiscretionary compliance costs on af - fected leaseholders (or parties) and has no effect on any costs incurred by businesses nor oth - er agency’s permitting processes. The ability of California businesses to compete with businesses in other states is not affected as the affected busi- nesses are specific to their California location. (

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

While the proposed amendment will not increase or decrease recre - ational or commercial opportunities, it has the potential to spur the creation of new businesses and jobs or the expansion of existing businesses related to the maintenance and repair of pre–ex - isting artificial structures within MPAs.

The Commission anticipates potential indirect benefits to the health and welfare of California res- idents, worker safety, and the State’s environment as this action removes an impediment to the pro - vision of necessary maintenance and repairs that could lessen potential harm to the public, work - ers, and to the environment. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli - ance with the proposed action. The proposed reg- ulations are anticipated to minimize the potential for less cost–effective means to handle potential limitations on operations that lease holders may have encountered in the future. (

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

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

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

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

Part 7 (commencing with

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

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 955 TITLE 16. L ANDSCAPE ARCHITECTS TECHNICAL COMMITTEE EXAMINATION TRANSITION PLAN, § 2 614 NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, 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 Person in this Notice. COMMENT PERIOD Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Tues - day, September 12, 2023, or must be received by the Board at the hearing, should one be scheduled.

AVAILABILITY OF MODIFICATIONS The Board, upon its own motion or at the request of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text.

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

section 5630 of the Business and Profes - sions Code (BPC), the Board is considering amend - ing

article 1 of division 26 of title 16 of the California Code of Regulations (CCR). 1 This regulatory proposal will interpret and make specific the language in BPC sections 5650 and 5651, concerning the Examination Transition Plan. 1 All CCR references are to title 16 unless otherwise noted. INFORMATIVE DIGEST As a result of a legislative reorganization, the Land- scape Architects Technical Committee (LATC), estab- lished on January 1, 1998, replaced the former Board of Landscape Architects and was placed under the pur- view of the California Architects Board (Board). BPC

section 5630 authorizes the Board to adopt, amend, or repeal rules and regulations that are reasonably neces- sary to carry out the provisions under the Landscape Architects Practice Act (Chapter 3.5 of Division 3 of the BPC). BPC

section 5650 describes the qualifica- tions for eligibility for the licensing examination. BPC

section 5651 requires that the Board administer a writ- ten examination that ascertains the professional quali- fications of all applicants for licenses to practice land- scape architecture. BPC

section 5652 authorizes the LATC to issue a landscape architecture license upon successful completion of the licensing examination. The Council of Landscape Architectural Registra- tion Boards (CLARB) is the national test vendor that supplies the Landscape Architect Registration Ex - amination (LARE), the licensing examination, to the LATC. In December 2023, CLARB will implement modest structural changes to the LARE to better align the content of the LARE with current practice.

In Jan- uary 2023, CLARB announced it would hold an addi- tional LARE administration in October 2023 to allow candidates a final attempt to pass the current LARE prior to implementation of the new LARE format in December 2023. CCR

section 2614 was amended on April 1, 2023 to update the examination transition plan to grant ex - amination credit to candidates who passed sections of the previously administered LARE after the new LARE is administered starting in December of 2023. This proposal would amend CCR

section 2614(g)(2) to move the examination transition date forward from August 2023 to November 2023. This change will en- sure that California candidates receive appropriate ex- amination credit for the recently announced additional LARE administration scheduled for October 2023. The Board is proposing the following changes: Amend CCR

Section 2614 — Examination Transition Plan CCR

section 2614 is being amended to move the ex- amination transition date forward from August 2023 to November 2023 to ensure candidates who passed sections of previously administered landscape ar - chitect licensing examinations receive examination credit for the LARE that will be administered starting in December of 2023. The amendments are made to subsection (g)(2) and in the heading of the table under subsection (g)(2).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 956 POLICY STATEMENT OVERVIEW/ ANTICIPATED BENEFITS OF PROPOSAL The Board seeks to correct the examination transi - tion plan to ensure that California candidates receive appropriate examination credit for the recently an - nounced additional LARE administration scheduled for October 2023.

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

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None. Business Impact: The Board has made an initial de- termination that the proposed regulatory action would have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states, because it only affects candidates for examination and licensure.

Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impact that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed regu - lation would not have a significant adverse impact on small businesses because it only affects candidates for examination and licensure.

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 creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California because it only affects candidates for examination and licensure.

Benefits of Regulation: The Board has determined that this regulatory pro - posal may benefit the public health, safety, and wel - fare by facilitating the process by which candidates for licensure determine they have taken and success - fully passed the required sections of the updated ex - aminations for licensure. This regulatory proposal will not impact worker safety or the state’s environ - ment, as it does not involve worker safety or the state’s environment.

This regulatory proposal updates the plan for the transfer of previously earned LARE credit to the new LARE that will be administered starting in Decem - ber of 2023. The new LARE will add uniformity to test practices, increase the reliability of test results, increase relevance to modern practice, and increase accessibility for candidates to take the exam. The proposed language extends the examination transition date to give examination credit effective with the first administration of the new LARE format in December 2023.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable al - ternative it considered to the regulation or that has otherwise been identified and brought to its attention 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 proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

To date, the following options were considered by the Board and rejected: The Board considered keeping the status quo; how - ever, this alternative was rejected because this would not address how and if candidates who take the LARE in the recently announced October 2023 administra - tion would be able to receive credit for sections passed under the previously administered LARE after the new LARE format is administered. Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above–mentioned hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 957 INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations, the initial statement of reasons, and the in - formation upon which the proposal is based, may be obtained upon request from the California Architects Board, Landscape Architects Technical Committee at 2420 Del Paso Road, Suite 105, Sacramento, Califor - nia 95834 or by telephoning the Contact Person listed below.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the Contact Person named below (or by ac - cessing the website listed below).

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Kourtney Fontes Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 575–7233 Fax Number: (916) 575–7283 Email Address: kourtney.fontes@dca.ca.gov The backup contact person is: Name: Stacy Townsend Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 575–7235 Fax Number: (916) 575–7283 Email Address: latc@dca.ca.gov Website Access: Materials regarding this proposal can be found on LATC’s website under Proposed Reg- ulation (latc.ca.gov/news/laws/proposed_regulation).

TITLE 16. BUREAU OF AUTOMOTIVE R EPAIR AUTOMOTIVE REPAIR DEALER REGISTRATION RENEWAL REQUIREMENTS NOTICE IS HEREBY GIVEN that the Bureau of Automotive Repair (Bureau) is proposing to take the rulemaking action described below under the heading Informative Digest, after considering all comments, objections, and recommendations regarding the pro - posed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau 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 e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than 5:00 p.m., Tuesday, September 12, 2023, or must be received by the Bureau at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 9882 and 9884, and to implement, interpret and make specific BPC sec - tions 152.5, 152.6, 9884.3, and 9884.4, the Bureau is proposing to adopt the following changes to California Code of Regulations Title 16, Division 33,

Chapter 1,

Article 1. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department of Consumer Affairs (DCA), Bu - reau of Automotive Repair (Bureau), is the state agen- cy charged with licensing automotive repair dealers (ARDs), Smog Check stations, STAR stations, brake and lamp stations, and their respective inspectors, re - pair technicians, and adjusters.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 958 Before January 1, 2022, Business and Professions Code

section 9884 (BPC) required ARDs to regis - ter with the Director (of DCA) on forms prescribed by the Director that contained sufficient information to identify the automotive repair dealer, including, among other things, the address of each location and the dealer’s retail seller’s permit number if a permit is required by law. Assembly Bill (AB) 471 (Low, Chap- ter 372, Statutes of 2021) amended BPC

section 9884 to additionally require the forms to include, among other things, the automotive repair dealer’s telephone number, email address, and motor vehicle license plate number if engaged in mobile automotive repairs. In this rulemaking proposal, the Bureau proposes to: (1) amend existing

section 3351.2 of

Article 1 of

Chapter 1 of Division 33 of Title 16 of the CCR as follows: ●

Section 3351.2 will outline that when a registrant is renewing their automotive repair dealer regis - tration, the registrant shall inform the Bureau of any changes to information required in

section 3351, Registration of Automotive Repair Dealers, as well as any additionally required information to the extent that it has not already been provided. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION By requiring registrants to renew their license pur - suant to the requirements of this

section the Bureau ensures complete collection of required information, including the additional information resulting from the amendment of BPC 9884. Requiring registrants to update any changes to information upon renewal en - sures the Bureau keeps updated records, thus ensuring more efficient and effective communication with ARD applications and enhancing Bureau efficiency in pro - cessing applications. Additionally, the language will give the Bureau the ability to collect the additional information required under BPC

section 9884 and allow the Bureau to pro - cess renewals more efficiently with current and com - plete information. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con - cluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Bureau has made the following determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: There is no fiscal impact to the State in the form of federal funding or any cost or savings to any state agency.

This proposal of requiring additional informa- tion from registrant prior to renewal of a license does cause any considerable additional workload or costs resulting from the proposed regulations and the minor time added to a review of the renewal package or the provided information is merely costs of implementa - tion that are a result of current law. 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 (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None. Business Impact: The Bureau has made an initial determination the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including small businesses and the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/ Businesses The Bureau has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 959 Benefits of Regulation This regulatory proposal does not affect the health and welfare of California residents, worker safety, or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Bureau. The proposed regulatory action merely requests additional information be pro - vided to the Bureau consistent with AB 471.

EFFECT ON SMALL BUSINESS This regulatory proposal does not affect small busi- nesses because it is not relevant to small businesses; it only informs applicants of what will be requested on the application. Although small businesses owned by licensees of the Bureau may be impacted, the Bureau does not maintain specific data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small business- es that may be impacted cannot be predicted precise - ly.

Additionally, any effect is minimal given that the registrant is simply provided some additional infor - mation as required under AB 471 and should not be significantly time consuming given such information is readily available to the registrant. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Bureau must determine that no rea- sonable alternative to this proposed regulatory action 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 action is pro- posed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

Any interested person may present statements oral - ly or in writing relevant to the above determinations at the above–mentioned hearing. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, any document incorporated by reference, the Initial Statement of Reasons, and all of the informa - tion upon which the proposal is based, may be ob - tained upon request from the Bureau of Automotive Repair, 10949 North Mather Boulevard, Rancho Cor - dova, California 95670.

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

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named above. 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 above, or by accessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed ad - ministrative action may be addressed to: Kayla Shelton 10949 North Mather Blvd.

Bureau of Automotive Repair Rancho Cordova, CA 95670 Telephone: (916) 403–0307 Email: kayla.shelton@dca.ca.gov The backup contact person is:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 960 Mathew Gibson Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8060 Email: Mathew.Gibson@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can also be found on BAR’s Web site at https://www.bar.ca.gov/About_ BAR/Regulatory_Actions.aspx . TITLE 16.

SPEECH–LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD CONTINUING EDUCATION REQUIREMENTS FOR HEARING AID DISPENSERS NOTICE IS HEREBY GIVEN that the S peec h– Language Pathology and Audiology and Hearing Aid Dispensers Board (hereafter Board) is proposing to take the action described in the Informative Digest be- low, after considering 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 e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than 5:00 p.m., Tuesday, September 12, 2023, or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 2531.06 and 2531.95 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC

section 2538.18, the Board is considering amend- ing sections 1399.140, 1399.140.1, and 1399.144 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a state agency vested with the author - ity to license, regulate, and discipline within the prac - tices of speech–language pathology, audiology, and hearing aid dispensing in accordance with the BPC sections 2530.1 and 2531.02.

The Board’s mandate and its mission is to protect the public by regulating approximately 35,000 speech–language pathologists, speech–language pathology assistants, speech–lan - guage pathology aides, audiologists, dispensing au - diologists, audiology aides, hearing aid dispensers, hearing aid dispenser trainees, and temporary hearing aid dispensers who are licensed and registered with the Board and by disciplining licensees or registrants who violate the law.

In order to protect the public, the Board establishes requirements for continuing educa - tion (CE) to assure the public of professional compe - tence for licensees who sell or fit hearing aids (BPC

section 2538.18.) Existing law, under BPC sections 2531.06 and 2531.95, authorizes the Board to adopt, amend, or re - peal regulations that may be necessary to execute any provisions of the Speech–Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act. The Board intends to use its authority to amend regulations regarding CE requirements for hearing aid dispensers in 16 CCR sections 1399.140, 1399.140.1, and 1399.144. There is no existing federal regulation or statute comparable to this proposed regulation.

The CE requirements for hearing aid dispensers are intended to protect consumers by ensuring licensees continue to improve their professional learning to maintain ethical and competent practice. The Board establishes requirements regarding the courses of study licensees can pursue to inform themselves of current practices related to the fitting of hearing aids after receiving their license pursuant to BPC

section 2538.18. Because experienced dispensers may be suf- ficiently informed on the current practices related to direct patient/client care due to having to renew annu- ally, the Board found it reasonable to allow licensees greater flexibility in completing their CE hours. The proposed changes will increase the number of hours that can be obtained in indirect client care or related courses, permit other opportunities to fulfil CE re - quirements, and clarify current regulations by making CE requirements consistent with the Board’s CE audit process and existing professional learning require - ments this Board has for licensees in the practices of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 961 speech–language pathology and audiology under Ar - ticle 11 of Division 13.4. The following is a

summary of the proposed chang- es the Board seeks to make: Amend

Section 1399.140 of

Article 7 of Division 13.3 of Title 16 of the CCR This

section is amended to increase access to dif - ferent CE opportunities by increasing the number of hours that can be obtained in related or indirect client care courses; permitting courses with content related to hearing aid equipment, devices, or other products; teaching a course, or service to the Board. The chang- es also clarify current regulations by making CE re - quirements consistent with the Board’s CE audit pro - cess and existing professional learning requirements consistent across all types of licenses and registrations the Board regulates.

These changes give licensees the opportunity to complete their required CE hours via different ways and promotes transparency in the Board’s CE renewal process. Amend

Section 1399.140.1 of

Article 7 of Division 13.3 of Title 16 of the CCR This

section is amended to permit licensees to fulfil some of the required CE by taking CE courses related to hearing aid equipment, devices, or other products. These changes give licensees a greater ability to com- plete some of their required CE in different ways. Amend

Section 1399.144 of

Article 7 of Division 13.3 of Title 16 of the CCR This

section is amended to clarify the exemptions from CE requirements for reasons of health, military service, or undue hardship. These changes promote transparency in the Board’s CE renewal process and make professional learning requirements consistent across all types of licenses and registrations the Board regulates. Anticipated Benefits of Proposal The Board is aware of benefits that may occur for businesses or individuals that comply with this regu - lation over its lifetime.

Because the Board’s authority is over licensees and not over all businesses within the industries the Board regulates, the Board cannot provide any estimates for the total number or type of businesses (e.g., private, nonprofit, public, or small business) that may be impacted by this proposed reg - ulation. The Board anticipates over 1,300 licensees in the practice of hearing aid dispensing will be impact - ed by this proposed regulation.

The Board anticipates licensees will benefit from greater access to different ways to earn CE hours with courses presenting different course content and by earning CE hours for service to the Board or teaching a course. The public will benefit from enhanced ser - vices because their licensed dispensers will have in - creased knowledge on the equipment, devices, or oth- er products their patients/clients use to optimize their hearing while in different listening environments. These types of benefits are unquantifiable and cannot be easily measured or estimated.

Therefore, the Board cannot provide information on possible statewide benefits that may occur from this regulation over its lifetime. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory 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. INCORPORATION BY REFERENCE None. DISCLOSURES REGARDING THIS PROPOSED ACTION Nondiscretionary Costs/Savings to Local Agen - cies: None.

Mandate Imposed on Local Agencies or School Districts: None. FISCAL IMPACT ESTIMATES Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. The regulations do not result in a fiscal impact to the state. The Board does not anticipate additional work - load or costs resulting from the proposed regulations. The regulations do not result in costs or savings in federal funding to the state.

Significant Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES The Board has made the initial determination that this proposed regulatory action will not have 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 fact that the Board is clarifying and broadening current regulatory requirements by making CE requirements for hearing aid dispensers consistent with the Board’s audit pro - cess and the professional learning requirements across all types of licenses and registrations the Board regu - lates and increase licensee access to different ways to earn CE hours.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 962 The Board is not aware of costs that businesses or individuals may incur to comply with this regulation over its lifetime nor of any other economic costs. The Board is also not aware of any effect this proposed reg- ulatory action will have on housing costs or impact to local agencies or federal funding to the State.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses This Board has determined that this regulatory pro - posal will have the following effects: It will not create new businesses or jobs within the State of California because the proposed regulatory action is related to CE requirements for license renew- al, and does not enhance or inhibit industry growth within the industries the Board regulates.

It will not eliminate existing businesses or jobs be - cause the proposed regulatory action is related to CE requirements for license renewal, and does not en - hance or inhibit industry growth within the industries the Board regulates. It will not affect the expansion of businesses within the State of California because the proposed regula - tory action is related to CE requirements for license renewal, and does not enhance or inhibit industry growth within the industries the Board regulates.

Benefits of Regulation: This Board has determined that this regulatory pro - posal will have the following effects: It will positively affect the health and welfare of California residents. The public will benefit from enhanced dispensing services because their licensed hearing aid dispensers will have increased knowledge on the equipment, devices, or other products their pa - tients/clients use to optimize their hearing while in different listening environments.

Licensees will ben - efit from access to different ways to earn CE hours such as by taking courses with different content and earning CE hours for service to the Board or by teach- ing a course. It will not affect worker safety because the proposed regulatory action is related to CE requirements for li - cense renewal, and does not concern or impact worker safety. It will not affect the state’s environment because the proposed regulatory action is related to CE require - ments for license renewal, and does not concern or impact the state’s environment.

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. 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.

This initial determination is based on the fact that the Board is clarifying and broadening current regulatory require - ments by making CE requirements for hearing aid dispensers consistent with the Board’s audit process and the professional learning requirements consistent across all types of licenses and registrations the Board regulates, and increase access to different ways to earn CE hours. 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 1601 Response Road, Suite 260 Sacramento, CA 95815 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 regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, 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 1601 Re - sponse Road, Suite 260 Sacramento, CA 95815.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 963 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 related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed 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.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Maria Liranzo; Legislation, Regulations, and Budget Analyst Address: Speech–Language Pathology and Audiology and Hearing Aid Dispensers Board 1601 Response Road, Suite 260 Sacramento, CA 95815 Telephone Number: (916) 287–7915 Email Address: SpeechandHearingRegulations@dca.ca.gov The backup contact person is: Name: Cherise Burns, Assistant Executive Officer Address: Speech–Language Pathology and Audiology and Hearing Aid Dispensers Board 1601 Response Road, Suite 260 Sacramento, CA 95815 Telephone Number: (916) 287–7915 Email Address: SpeechandHearingRegulations@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regu - lations with modifications noted, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the Board’s web- site at https://www.speechandhearing.ca.gov/board_ activity/lawsregs/proposed_regulations.shtml.

TITLE 16. DENTAL BOARD AB 107: TEMPORARY LICENSES FOR MILITARY SPOUSES OR PARTNERS NOTICE IS HEREBY GIVEN that the Dental Board of California (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview list - ed below, after considering all comments, objections, and recommendations regarding the proposed action. Any person interested may present statements or argu- ments relevant to the action proposed in writing.

WRITTEN COMMENTS Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office no later than by 5:00 p.m., Septem- ber 12, 2023 or must be received by the Board at the hearing, should one be scheduled. 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 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 any of the individuals listed under “Con- tact Persons” in this notice.

AVAILABILITY OF CHANGED OR MODIFIED TEXT The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text. With the ex - ception of technical or grammatical changes, the full

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 964 text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have request- ed notification of any changes to the proposal.

AUTHORITY AND REFERENCE: Pursuant to the authority vested by Business and Professions Code (BPC) sections 1614, and to imple - ment, interpret or make specific BPC sections 480, 115.6, 1611, 1632, 1638, 1638.1, 1646, 1646.1, 1646.2, 1646.9, 1647.1, 1647.2, 1647.3, 1647.18, 1647.19, 1647.30, 1647.31, 1749.1, 1750.2, 1750.4, 1752.1 and 1753, the Board is considering making changes to Ar- ticle 2 of

Chapter 1 of Division 10 of Title 16 of the California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is responsible for licensing and regu - lating dental professionals in California. The Board licenses an estimated 89,000 dental professionals, including approximately 43,500 licensed dentists; 44,500 registered dental assistants (RDAs); and 1,700 registered dental assistants in extended functions (RDAEFs). The Board is also responsible for setting the duties and functions of an estimated 50,000 unli - censed dental assistants. Existing law at Business and Professions Code (BPC)

section 115.6 requires seven other boards with- in the Department of Consumer Affairs to, after appro- priate investigation, issue temporary licenses to an ap- plicant, if the applicant meets specified requirements, including, among other things, that 1) the applicant is married to, or in a domestic partnership or other le - gal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders; 2) the applicant holds a current, active, and un- restricted license in good standing that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profes - sion or vocation for which the applicant seeks a tem - porary license; and 3) the applicant submits a signed affidavit attesting to meeting the requirements of the temporary license.

Effective July 1, 2023, under the provisions of As - sembly Bill 107 (“AB–107” — Stats. 2021,

Chapter 693)

Section 115.6 is amended to require all boards in the Department, including this Board, to issue tempo - rary licenses upon meeting the requirements specified in

Section 115.6 (and as noted above), unless the board already has a process in place to issue expedited, temporary authorizations to practice to out–of–state licensed applicants under similar criteria. Since this Board does not currently have such a process, this pro- posal would implement

section 115.6 of the Business and Professions Code (BPC) as enacted by AB 107 and make specific the requirements for temporary li - censure by the Board for qualified spouses or domestic partners of military service members stationed in Cal- ifornia. The regulations proposed at Title 16, Califor - nia Code of Regulations (CCR)

Section 1006 address the requirements necessary for the Board’s issuance of a temporary licensure to practice as a dentist or dental auxiliary or to practice with an affiliated permit, in - cluding the following:

(1) definitions for terms used in BPC

section 115.6 and this proposed regulation, (2) that the applicant shall meet all requirements of this proposed

section and BPC

section 115.6 to be eligible for a temporary license, (3) that submission of a completed application is re - quired and specifies the required content of a completed application, as more fully described below, (4) that each applicant for a temporary license as a dentist shall successfully complete a law and ethics examination as specified and prescribes the procedure for applying for and taking the examination, (5) fingerprinting requirements that must be met pri- or to issuance of a temporary license, (6) the criteria the Board must use when determining when to issue a temporary license, (7) the criteria an applicant must meet when seeking a temporary license from the Board to practice under an affiliated permit, as defined; and, (8) that this regulation

section shall become effective July 1, 2023 (in accordance with the operative date of the amendments to BPC

section 115.6), or at the next available quarterly effective date fol - lowing the adoption of these regulations with the Secretary of State if adopted after July 1, 2023.

ANTICIPATED BENEFITS OF PROPOSED REGULATIONS The Board has determined that this regulatory pro - posal will have the following benefits to the health and welfare of California residents: The proposed regulations would provide a simpli - fied application process to help reduce the time re - quired for qualified spouses or domestic partners of military service members newly stationed in Califor - nia to begin to practice the professions for which they were licensed in their original licensing jurisdiction. By granting a temporary license through these sim -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 965 plified processes, these license holders could practice while they are completing their application require - ments for permanent licensure more quickly, if they so choose. While the temporary licenses have fewer requirements than permanent licenses, the Board re - tains the ability to deny the application or terminate the temporary license should there be grounds to do so. Applicants for temporary licensure as dentists must successfully complete an examination on California law and ethics prior to receiving temporary licensure.

These safeguards will support the consumer protec - tion mission of the Board while facilitating a smoother transition for professionals licensed in other states to assume comparable duties and responsibilities as pro - fessionals with California licenses. As a result, this proposal would expedite and temporarily increase the number of qualified dentists, dental auxiliaries, and specified physicians and surgeons available to provide dental services to California residents. This regulatory proposal does not affect worker safety or the State’s environment.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATION(

S) During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these proposed regulations are neither inconsis - tent nor incompatible 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/Savings in Federal Funding to the State: The proposed regulations are anticipated to result in a fiscal impact to the Board, which will be absorbed within existing resources.

Based on historical licens - ing data the Board anticipates receiving six applica - tions for temporary licensure per year. The Board requires approximately 2.25 hours to process an application with estimated workload costs of $150 per application. The Board will also incur $15 per application in materials and postage costs, which will result to to - tal costs of $165 per applicant and $990 to issue six licenses in year–one of implementation and up to $11,217 over a ten–year period (this assumes a 3 per - cent annual increase in workload costs).

The Board will ensure compliance with the pro - posed regulations through its existing licensing and enforcement activities and does not anticipate in - creased workload costs resulting from this proposal. In the event the Board determines a licensee to be out of compliance with the regulations and subject to formal discipline, the Board estimates enforcement– related costs of $5,000 per case. Current law does not authorize the Board to charge license fees related to this proposal. As a result, no license fee revenues will be collected.

Applicants will be required to complete a finger - print background check with estimated costs of $75, of which $32 is passed on the Department of Justice (DOJ). As a result, the DOJ is projected to receive $192 in fingerprint revenues per year and up to $1,920 over a ten–year period. Cost or Savings in Federal Funding to the State: None. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Significant Effect on Housing Costs: None. Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, specifically dentistry, including the ability of California businesses to compete with businesses in other states. This initial determination is based upon the following facts.

The proposed regulations provide for the issuance of a temporary license status to military spouses/part - ners and will provide additional, qualified licensees for businesses to employed. The Board estimates up to six additional individuals will be granted licensure per year. These individuals will be required to take and pass a fingerprint criminal history background check. As a result, businesses providing these services are project- ed to have a small increase in revenues.

Cost Impact on Representative Private Person or Business: The cost impacts that a representative private per - son or business would necessarily incur in reason - able compliance with the proposed action and that are known to the Board are as follows: An applicant would need to pay for the fingerprints the Board would request to conduct a criminal records check. This would be approximately $75 per applicant, with $49 going to the DOJ and the Federal Bureau of Investigation. The remaining $26 goes to the business-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 966 es that take the fingerprints and send them to the agen- cies for the criminal records check. Applicants for temporary dental licensure would also need to pay the testing vendor to take the California Law and Ethics Examination. That fee is currently $25 and addresses the vendor’s costs. Based on the Board estimate of six applications per year, the maximum total costs to applicants for one year would be $600, and over 10 years the costs would be $6,000.

As not all applicants would have to take the Law and Ethics Examination, this cost estimate is a maximum estimate. Effect on Small Business: While the Board does not have, nor does it maintain, data to determine if any of its licensees (dentists) are a “small business,” as defined in Government Code

section 11342.610, the Board has made an initial deter- mination that the proposed regulatory action will not affect small businesses. Although the proposed regu - lation will directly affect businesses statewide, which may include small businesses, the Board does not an - ticipate any adverse economic impact as described in the Business Impact Estimate

section listed above. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Based on historical licensing data, the Board antici- pates receiving on average six applications for tempo- rary licensure (including affiliated permits) per year.

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: This regulatory proposal affects the health and wel- fare of California residents because the proposed reg - ulation will facilitate the practice of qualified dentists, dental auxiliaries and others seeking to practice under an affiliated permit who are licensed in other jurisdic- tions as they wait for the processing of their applica - tions for California licensure.

Providing temporary li - censure would minimize the time that otherwise qual- ified professionals would be barred from practicing due to having to move to California due to the military posting of their spouse or domestic partner. This regulatory proposal will have no impact on worker safety because it does not involve worker safe- ty. This regulatory proposal will have no impact on the state’s environment because it is not relevant to the State’s environment. This proposal relates to standards for qualified dentists, physicians and dental auxiliaries seeking temporary licensure in California.

Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. 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 present statements or ar- guments orally if a hearing is requested, or in writing relevant to the above determinations as described in the “Written Comments”

section of this notice. INITIAL STATEMENT OF REASONS AND RULEMAKING FILE INFORMATION The Board has compiled a record for this regulatory action, which includes an initial statement of the rea - sons (ISOR) for the proposed action, proposed regu - latory text, and has available all the information upon which the proposal is based, which may be obtained from the contact persons identified 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 2005 Evergreen Street, Suite 1550, Sacramento, Cal - ifornia 95815 or by accessing the Board’s website at https://www.dbc.ca.gov/about_us/lawsregs/proposed_ regulations.shtml.

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 rea- sons once it has been prepared, by making a written

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 967 request to the contact persons named below or by ac - cessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Bruggeman, Staff Services Manager I Dental Board of California Address: 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263–2027 Fax Number: (916) 263–2140 Email Address: Lawrence.Bruggeman@dca.ca.gov The backup contact person is: Name: Christy Bell, Assistant Executive Officer Dental Board of California Address: 2005 Evergreen Street, Suite 1550 Sacramento, CA 95815 Telephone Number: (916) 263–2187 Fax Number: (916) 263–2140 Email Address: Christy.Bell@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the Board’s Website at https://www.dbc.ca.gov/about_ us/lawsregs/proposed_regulations.shtml.

TITLE 16. PHYSICIAN ASSISTANT BOARD SB 697 IMPLEMENTATION The Physician Assistant Board (Board) proposes to adopt the proposed regulations described below after considering all comments, objections, and recommen- dations 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, addressed to the individuals listed under “Contact Person” in this notice, for a public hearing from any interested per - son, or their authorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may also be submitted by mail, facsimile (FAX), or e– mail to the addresses listed under “Contact Persons” in this Notice.

The written comment period closes at 5:00 p.m. on Tuesday, September 12, 2023 . The Board will consider only comments received at the Board’s office by that time, or comments received at the hearing if the Board holds a hearing. AUTHORITY AND REFERENCE Business and Professions Code (BPC)

section 3510 authorizes the Board to adopt this proposed regula - tion. The proposed regulation implements, interprets, and makes specific the provisions of Senate Bill 697 (Caballero,

Chapter 707, Statutes of 2019), and the Board is seeking to amend

section 1399.502 of Arti - cle 1 and sections 1399.540, 1399.541, and 1399.545 of

Article 4 of Division 13.8 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board licenses, regulates, and investigates complaints against licensed physician assistants (PAs) in California, totaling approximately 16,378 licensees. It is the Board’s duty to enforce and administer the Physician Assistant Practice Act (Chapter 7.7 (com - mencing with

section 3500) of Division 2 of the BPC) (Practice Act). The Board is authorized to establish necessary rules and regulations for the enforcement of the Practice Act and the laws subject to its jurisdiction (BPC

section 3510). Senate Bill (SB) 697 (Caballero,

Chapter 707, Stat - utes of 2019) became effective on January 1, 2020 and made numerous changes to the Practice Act, which provides for licensure and regulation of PAs by the Board. Generally, the changes remove requirements that the medical record identify the responsible su - pervising physician and surgeon (physician), remove requirements that the physician be physically available to the PA for consultation, remove requirements for re- view and countersignature of patient medical records, and remove requirements that written guidelines for adequate supervision be established.

The law now au- thorizes a PA to perform medical services authorized by the Practice Act if certain requirements are met, including that the medical services are rendered pur - suant to a practice agreement, as defined, and the PA is competent to perform the medical services.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 968 Certain Board regulations that were based on the Practice Act before the changes made by SB 697 now conflict with the law. The Practice Act now requires that a practice agreement between a PA and a phy - sician meet specified requirements, such as that a practice agreement must contain policies and proce - dures to ensure adequate supervision of the PA, which should cover appropriate communication, availability, consultations, and referrals between a physician and the PA in the provision of services.

In addition, a prac- tice agreement must establish policies and procedures to identify the physician who is supervising a PA ren- dering services in a general acute care hospital. The prior law authorized a PA to administer or pro- vide medication to a patient and transmit orally or in writing on a patient’s record or in a drug order, an or - der to a person who may lawfully furnish the medi - cation or medical device, under the supervision of a physician, subject to specified requirements.

The law now authorizes a PA to furnish or order a drug or de - vice without the supervision of a physician, subject to specified requirements, such as the PA ’s educational preparation, that clinical competency has been estab - lished and maintained, and that the physician shall be available by telephone or other electronic communica- tion method at the time the PA examines the patient. The changes made to the Practice Act now authorize a PA to furnish or order

Schedule II or III controlled substances in accordance with the practice agreement or a patient–specific order approved by the treating or supervising physician. The revisions to the Prac - tice Act require completion of a controlled substances course by or before the PA ’s next license renewal, if the PA is authorized by a practice agreement to fur - nish

Schedule II controlled substances and if the PA has a United States Drug Enforcement Administration registration. In addition, the new law provides that any reference to a “delegation of services agreement” in any oth - er law now means “practice agreement” as defined. The Practice Act now provides that supervision does not require the supervising physician to be physically present but requires adequate supervision as agreed to in the practice agreement and requires that the physi - cian be available by telephone or other electronic com- munication method at the time a PA examines a pa - tient.

However, the Practice Act prohibits that require- ment from being construed as prohibiting the Board from requiring the physical presence of a physician as a term or condition of a PA ’s reinstatement, probation, or the imposition of discipline. Anticipated Benefits of the Proposed Regulation: The four regulation sections that are the subject of this proposed regulatory action now conflict with the law since the passage of SB 697. The proposed amendments bring these four regulation sections up– to–date and into compliance with SB 697. This is ac - complished by amending 16 CCR

section 1399.502 to clarify that any reference to a “delegation of services agreement” in any other

section of the PA regulations means “practice agreement,” as defined in BPC

section 3501(k). The amendments also clarify the reference to “supervision” as defined in BPC

section 3501(f), to in- clude that supervision does not require the supervising physician to be physically present but does require ad- equate supervision as agreed to in the practice agree - ment and does require that the physician be available by telephone or other electronic communication meth- od at the time the PA examines the patient. The proposed amendments to 16 CCR

section 1399.540 make the

section comply with SB 697 by updating any reference to the supervision agreement from “delegation of services agreement” to “practice agreement.” The amendments also bring the

section into compliance with SB 697 by recognizing that a PA is authorized to practice and no longer delegated. The amendments further reflect the existing standard of care for physicians and further the legislative intent of SB 697 by recognizing that a PA may consult with or refer to a provider other than a physician when appro- priate under the circumstances. The proposed amendments to 16 CCR

section 1399.541 make the

section comply with SB 697 by de- leting a reference to the word “agent,” as BPC

section 3502.3 states that a practice agreement “may” desig - nate a PA as an agent of the physician, but it is not required. The amendments further clarify that a su - pervising physician must be immediately available to the PA if needed, because the physical presence of the supervising physician during the time a PA is deliver- ing medical services is not required. The proposed amendments to 16 CCR

section 1399.545 remove existing regulatory requirements that conflict with SB 697 and amend the remain - ing requirements to conform with the changes. The amendments reflect the removal of the required writ - ten guidelines including countersignature and dating of all medical records written by the PA, pursuant to BPC

section 3502(c). The amendments also replace the term “autonomously” with the phrase “without su- pervision” to better capture the scope of PA practice. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 969 DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The proposed regulations do not result in a fiscal impact to the state because the amendments align the Board’s regulations with current law and/or with ex - isting practice. The proposed regulations do not result in a fiscal impact to the state in the form of federal funding or any cost or savings to any state agency. The Board has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

The regulations do not result in a fiscal impact to the state. The amendments align the Board’s regulations with current law and existing practice. Cost to any local agency or school district for which Government Code sections 17500 through 17630 requires reimbursement: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. There are no costs or savings in federal funding to the state.

Cost impacts on a representative private person or business: The Board is not aware of any cost im - pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: None. Business Impact: The Board has determined that the proposed regu - lation will not have any significant statewide adverse economic impact directly affecting businesses, includ- ing the ability to compete.

Effect on Small Business: The Board has determined that the proposed regu - lation would not affect small businesses because the proposal only replaces any reference to “delegation of services agreement” with “practice agreement,” re - moves repeated terms already defined in statute, clar - ifies the standard of care and legislative intent of SB 697 by recognizing that a PA may consult with or refer to a provider other than a physician where appropriate under the circumstances and removes other existing regulatory requirements that conflict with SB 697.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS This regulatory proposal will have the following effects: It will not create or eliminate jobs within the state of California because the proposal only replaces any reference to “delegation of services agreement” with “practice agreement,” removes repeated terms already defined in statute, clarifies the standard of care and legislative intent of SB 697 by recognizing that a PA may consult with or refer to a provider other than a physician where appropriate under the circumstances and removes other existing regulatory requirements that conflict with SB 697.

It will not create new businesses or eliminate exist - ing businesses within the state of California because the proposal only replaces any reference to “delegation of services agreement” with “practice agreement,” re- moves repeated terms already defined in statute, clar - ifies the standard of care and legislative intent of SB 697 by recognizing that a PA may consult with or refer to a provider other than a physician where appropriate under the circumstances and removes other existing regulatory requirements that conflict with SB 697.

It will not affect the expansion of businesses cur - rently doing business within the state of California because the proposal only replaces any reference to “delegation of services agreement” with “practice agreement,” removes repeated terms already defined in statute without justification for the duplication, clar- ifies the standard of care and legislative intent of SB 697 by recognizing that a PA may consult with or refer to a provider other than a physician where appropriate under the circumstances and removes other existing regulatory requirements that conflict with SB 697.

It will benefit the health and welfare of California residents to align the Board’s regulations with the changes to statute resulting from the passage of SB 697. By adopting this regulation, the Board seeks to support PAs who serve an increasingly diverse public, and to uphold the Board’s highest priority, which is to protect consumers. This regulatory proposal will not affect worker safety or the state’s environment because aligning the Board’s regulations with the statutory changes caused by the passage of SB 697 does not impact worker safe- ty or involve the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alter - native to the regulatory proposal that was considered or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective or less burdensome to affected private persons than the proposed regulation, or would be more cost–effective to affected private persons and equally effective in achieving the pur - poses of the regulation in a manner that ensures full

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 970 compliance with the law being implemented or made specific. All recommendations provided during the rulemaking process will be considered by the Board. The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at any scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Name: Jasmine Dhillon Address: 2005 Evergreen Street, Suite 2250 Sacramento, CA 95815–3893 Telephone Number: (279) 666–2838 Fax Number: (916) 263–2671 Email Address: jasmine.dhillon@dca.ca.gov The backup contact person is: Name: Kristy Voong Address: 2005 Evergreen Street, Suite 2250 Sacramento, CA 95815–3893 Telephone Number: (916) 561–8787 Fax Number: (916) 263–2671 Email Address: kristy.voong@dca.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, the initial state - ment of reasons, and other information on which the rulemaking is based. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board, upon its own motion or at the re - quest of any interested party, may adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifica- tions are sufficiently related to the originally proposed text.

With the exception of technical or grammatical changes, the full modified text (with the changes clear- ly indicated) will be available to the public for review and written comment on the modifications for at least 15 days prior to its adoption. Please send requests for copies of any modifications to the proposed regula - tions to the attention of the Contact Person designat - ed at the address indicated above. Modifications will also 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 OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the Contact Person at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation with additions in underline and deletions in strikeout can be accessed through our website at: https://pab. ca.gov/lawsregs/regulations.shtml. TITLE 18. DEPARTMENT OF TAX AND FEE ADMINISTRATION PROPOSED ADOPTION OF LEAD–ACID BATTERY FEES,

SECTION 3210,

DEFINITIONS,

SECTION 3220, MANUFACTURER BATTERY FEE,

SECTION 3230, CALIFORNIA BATTERY FEE, AND

SECTION 3240, WRITTEN CERTIFICATION NOTICE IS HEREBY GIVEN that the California Department of Tax and Fee Administration (Depart - ment), pursuant to the authority in Health and Safety Code (HSC)

section 25215.74, proposes to adopt chap- ter 8.2, Lead–Acid Battery Fees, and sections (Reg - ulations or Regs.) 3210,

Definitions, 3220, Manufac - turer Battery Fee, 3230, California Battery Fee, and 3240, Written Certification, in

chapter 8.2 of division 2 of title 18 of the California Code of Regulations. The proposed

chapter and regulations implement, interpret, and make specific the Lead–Acid Battery Recycling Act of 2016 (Battery Recycling Act) (HSC, § 25215 et seq.) enacted by Assembly Bill Number (AB) 2153 (Stats. 2016,

chapter 666) and amended by AB 142 (Stats. 2019,

chapter 860). AUTHORITY HSC

section 25215.74

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 30-Z 971 REFERENCE Regulation 3210: HSC sections 25215.1, 25215.25, and 25215.35, and Revenue and Taxation Code (RTC)

section 6043.1. Regulation 3220: HSC sections 25215.1, 25215.3, 25215.35, 25215.45, and 25215.48, and RTC

section 55302. Regulation 3230: HSC sections 25215.1, 25215.25, and 25215.45, and RTC

section 55302. Regulation 3240: HSC sections 25215.25 and 25215.35 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations AB 2153 added the Battery Recycling Act to

chapter 6.5 of division 20 of the HSC. As relevant here, AB 2153 added HSC

section 25215.25 to impose a Cal - ifornia battery fee (CBF) on persons purchasing re - placement lead–acid batteries from a dealer, on and after April 1, 2017. AB 2153 also added HSC

section 25215.35 to impose a manufacturer battery fee (MBF) on manufacturers of lead–acid batteries, on and after April 1, 2017. Also, AB 142 amended the Battery Re- cycling Act and made several changes to the CBF and MBF. California Department of Tax and Fee Administration The Governor approved AB 102 (Stats. 2017, chap- ter 16) on June 27, 2017. AB 102 established the De - partment and transferred the State Board of Equaliza - tion’s (Board’

s) duties, powers, and responsibilities to administer and enforce the sales and use taxes and the taxes and fees collected pursuant to the Fee Collection Procedures Law (FCPL) (RTC, § 55001 et seq.), in - cluding the MBF and CBF, to the Department, effec - tive July 1, 2017. (Government Code (GC), §§ 15570, 15570.22). Accordingly, any references to the Board in the Battery Recycling Act, the RTC sections, includ - ing the FCPL sections, and the regulations cited herein currently refer to and mean the Department pursuant to GC

section 15570.24 and RTC

section 20.5. Also, references to the Department’s activities before July 1, 2017, herein refer to and mean the Board’s activities. Manufacturer Battery Fee Until April 1, 2022, a MBF of one dollar ($1.00) is “imposed on a manufacturer of lead–acid batteries for each lead–acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, dis - tributor, or other person for retail sale in California.” (HSC, § 25215.35, subdivision (a).) On and after April 1, 2022, the amount of the MBF is two dollars ($2.00). (HSC, § 25215.35, subdivision (b).) A lead–acid battery “manufacturer” is defined in the Battery Recycling Act to mean either of the following:

(1) The person who manufactures the lead–acid bat - tery and who sells, offers for sale, or distributes the lead–acid battery in the state. (2)(

A) If there is no person described in paragraph (1) that is subject to the jurisdiction of the state, the manufacturer is the person who imports the lead– acid battery into the state for sale or distribution. (HSC, § 25215.1, subdivision (h).) Also, the Battery Recycling Act provides that “a person is subject to the jurisdiction of this state with respect to a lead–acid battery if the person is engaged in business in this state” and “a person shall be consid- ered to be engaged in business in this state if the per - son is a ‘retailer engaged in business in this state,’ as defined in subdivision (

c) of [RTC

section 6203], with respect to that lead–acid battery, or if the person has a substantial nexus with this state for purposes of the commerce clause of the United States Constitution.” (HSC, § 25215.1, subdivision (h)(2)(B).) A lead–acid battery “importer” is defined in the Battery Recycling Act to mean “the person who im - ports the lead–acid battery into the state for sale or distribution.” (HSC, § 25215.1, subdivisions (

e) and (h)(2).) A person who

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 30
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	b4963fb2591cc41ab47354a8458891853224ac3e

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