(Continued on next page) REGISTER Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 52−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 28, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−1218−09 ......................................... 2267 Adoption Multi−County: Delta Conveyance Design and Construction Authority Cuyama Basin Groundwater Sustainability Agency TITLE 5. SUPERINTENDENT OF PUBLIC INSTRUCTION 12−Month Eligibility and CalWORKs — Notice File No.

Z2018−1218−04 ................................ 2268 TITLE 9. DEPARTMENT OF REHABILITATION Grant Process — Notice File No. Z2018−1217−03 ................................................... 2271 TITLE 9. DEPARTMENT OF REHABILITATION Updating Conflict−of−Interest Code — Notice File No. Z2018−1218−03 ................................. 2274 TITLE 10. CALIFORNIA HEALTH BENEFIT EXCHANGE Certified Application Counselor Program — Notice File No. Z2018−1206−01 ............................. 2275 TITLE 11. DEPARTMENT OF JUSTICE Supervision of Trustees and Charitable Purposes Act — Notice File No.

Z2018−1212−01 .................... 2278 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Los Padres Dam Gravel Augmentation Project (Tracking Number: 1653−2018−030−001−R4), Monterey County ............... 2282 FISH AND GAME COMMMISSION Sheephead, Purple Sea Urchin — Hearing Location ................................................. 2283

OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION Memorandum dated January 2, 2018; Milestone Completion Credits and Education Credits, Issued by the California Department of Corrections and Rehabilitation .................................. 2283

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 2287 Sections Filed, July 18, 2018 to December 19, 2018 ................................................. 2290 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2267 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES ADOPTION MULTI−COUNTY: Delta Conveyance Design and Construction Authority Cuyama Basin Groundwater Sustainability Agency A written comment period has been established com- mencing on December 28, 2018, and closing on Febru- ary 11, 2019.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than February 11, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

s) should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2268 A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 5.

SUPERINTENDENT OF PUBLIC INSTRUCTION AMENDMENT TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, REGARDING 12−Month Eligibility and CalWORKs NOTICE IS HEREBY GIVEN that the State Super- intendent of Public Instruction (SSPI) proposes to adopt the regulations described below after considering all comments, objections, or recommendations regard- ing the proposed action. PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SSPI, will hold a public hearing at 8:30 a.m. on February 11, 2019, at 1430 N Street, Room 1103, Sacramento, California. The room is wheelchair accessible.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Di- gest. The SSPI requests, but does not require, that per- sons who make oral comments at the public hearing also submit a written

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

Comments must be received by the Regulations Co- ordinator prior to 5:00 p.m. on February 11, 2019. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. A V AILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SSPI may adopt the proposed regulations substantially as de- scribed in this Notice or may modify the proposed regu- lations if the modifications are sufficiently related to the original text.

With the exception of technical or gram- matical changes, the full text of all modified regulations will be available for 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to the regulations, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. AUTHORITY AND REFERENCE Authority: Sections 8261, 8261.5, 8262, 8263, 8263.1, 8265 and 8269, Education Code.

References: Sections 8202, 8203, 8206, 8208, 8235, 8237, 8261, 8261.5, 8263, 8263.1, 8269, 8273, 8273.1, 8350, 8350.5, 8351, 8353, 8354 and 8358.5, Education Code; Sections 16500.5 and 16506, Welfare and Insti- tutions Code; 45 Code of Federal Regulations,

Section 98.21; and Title 22 California Code of Regulations Sec- tions 101220.1 and 102418 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Early Learning and Care programs in California are supported by both federal and state funding. Federal funding comes in the form of the Child Care and Devel- opment Block Grant (“CCDBG”). Federal require- ments, for use of this funding, are set forth at Title 45 of the Code of Federal Regulations,

Section 98 et seq. At the state level, the Child Care and Development Services Act (the “Act”), starting at Education Code (EC)

Section 8200 et seq., requires families to meet specified requirements to be eligible for subsidized child development services. In 2014, CCDBG was reauthorized and, in 2016, final regulations were adopt- ed by the Federal Office of Child Care, a division of the U.S. Health and Human Services agency. The new fed-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2269 eral regulations provided, among other things, that all families certified to receive child care services should receive those services for no less than 12 months, not- withstanding temporary or interim changes to their status. In 2017, in an attempt to conform with federal re- quirements, the California Legislature enacted Assem- bly Bill (AB) 99, which changed some of the current EC requirements, most notably, by adding EC subsections (

h) and (

i) to

Section 8263 and amending

Section 8263.1. Some of the changes included in AB 99 are: • An update to the definition of a homeless child or youth. • Addition of subdivision (

h) to

Section 8263 to provide that a family, upon establishing initial eligibility or ongoing eligibility for services under the Act, shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having its eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 12 months, except as provided. • Provides that when a family is initially certified for services, or recertified later for services, and the need for services is based on seeking employment, services shall be provided for no less than six months • Allows families to seek to make changes that might benefit them, such as requesting decreased family fees or increased services, without those changes impacting other aspects of their services • Revises the definition of “income eligible” for purposes of establishing initial income eligibility for services under the Act, and adds a definition of “ongoing income eligible” for purposes of establishing ongoing income eligibility for services under the Act and requires calculations to be adjusted for family size, as provided. • Requires the CDE to convene a workgroup of parents, advocates, CDE staff, child development program representatives, and other stakeholders to develop recommendations regarding implementing the 12−month eligibility provision. • Allows the CDE, in the interim, to implement the new changes via Management Bulletin or other informal guidance • Requires the CDE, pursuant to subsection (

j) of EC 8263, to initiate a rulemaking action to implement these provisions on or before December 31, 2018. In 2018, AB 2626 was enacted into law, which amended EC

Section 8263.1 so that the initial income eligibility level for families to receive child care ser- vices, which was previously set at 70 percent of the State Median Income, would be raised to 85 percent, the same as it was for families seeking ongoing services at recertification. These amendments require changes to sections of the following current regulations: •

Chapter 19 Child Development Programs, Subchapter 3. General Child Care,

Article 1. General Provisions •

Chapter 19 Child Development Programs, Subchapter 3. General Child Care,

Article 2. Family Data Files •

Chapter 19 Child Development Programs, Subchapter 3. General Child Care,

Article 3. Enrollment •

Chapter 19.5 CalWORKs and Child Care and Development Programs, Subchapter 2. CalWORKs Stage 2 Child Care Programs,

Article 2. Requirements and Procedures for Receiving CalWORKs Stage 2 Services •

Chapter 19.5 CalWORKs and Child Care and Development Programs, Subchapter 3. CalWORKs Stage 3 Child Care Programs,

Article 2. Requirements and Procedures for Receiving CalWORKs Stage 3 Services Prior to these changes, on June 24, 2015, the Gover- nor signed AB 104, the Education Omnibus Trailer Bill, which required the CDE to convene stakeholder groups, by September 2015, to provide recommenda- tions to streamline data and other reporting require- ments for early learning and care providers that contract with the CDE with the purpose of identifying redundan- cies and efficiencies in program implementation and re- ducing the workload in program administration.

Final- ized recommendations were submitted to the Legisla- ture, the Department of Finance, and the State Board of Education on April 1, 2016.

These recommendations included: 1) for the best interest of the child, increase the duration and continuity of early learning and care services for the child; 2) reduce barriers to accessing early learning and care services by reducing the number of changes the parent is required to report for the contin- uation of services thereby increasing the family’s dura- tion and continuity in early learning and care services; 3) align, clarify, and revise regulatory and monitoring requirements across funding streams to allow greater flexibility and decrease administrative burdens that support child and family well−being; and 4) implement regulations and policies to deliver equitable outcomes for all children, including children with exceptional needs.

The CDE also solicited informal on−going input on− line, at conferences and other stakeholders meetings, to provide statewide recommendations for CDE’s consid-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2270 eration and response. Many of the recommendations from the stakeholders, input received at various fall CDE Field Conferences, and staff have been considered in the development of these proposed regulations. In

summary, the objectives of these proposed regula- tions include: 1) meeting the requirements of EC Sec- tion 8263(j), as amended by AB 99, by instituting rule- making provisions to implement 12−month eligibility as established in EC

Section 8263(h); 2) incorporating some of the recommendations of the AB 104 work group and other input sessions to ensure contractors are provided with clear direction and ensure implementa- tion of the regulations are consistent throughout the State; and 3) ensuring that the regulations align with federal and state laws and regulations, including changes prompted by amendments to the CCDBG Act and the enactment of AB 2626.

Anticipated Benefits of the Proposed Regulation The benefit of enacting the proposed regulations is to align the Title 5 regulations with the CCDBG Act and the amendments to the EC adopted as a result of AB 99 and AB 2626 and to incorporate several key recommen- dations made by the AB 104 stakeholder groups. When regulations do not align with the federal and state law because current regulations were adopted under a dif- ferent set of laws, the contracting agencies charged with implementing these programs have a difficult time re- sponding to families and determining whether or not they are eligible for services.

When regulations are out− of−date and do not meet the current needs of stakehold- ers, including families and children receiving the ser- vices, they make the provision of quality services in an effective and efficient manner close to impossible. The early learning community will benefit by having up−to− date regulations that align with current law and meet the needs of those that participate in the process.

Determination of Inconsistency/Incompatibility with Existing State Regulations The CDE reviewed all state regulations relating to Child Care and Development Programs and found that none exist that are inconsistent or incompatible with these proposed regulations. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SSPI has made the following initial determinations: There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. The proposed regulations do not require a report to be made.

Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Other non−discretionary costs or savings imposed on local agencies, including local educational agencies: None. Costs or savings in federal funding to the state: None Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or businesses: The SSPI is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on housing costs: None. Effect on small businesses: The proposed regulations would not have an effect on any small business because they are only relevant to the contractors of subsidized programs contracted through the Department of Education.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS The SSPI concludes that it is unlikely that these pro- posed regulations will: 1) create or eliminate jobs with- in California; 2) create new businesses or eliminate ex- isting businesses within California; or 3) affect the ex- pansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed regu- lations will benefit children and families in California as they take advantage of high quality early learning and care programs guided by these proposed regulations.

With the right to continuity of care ensured by 12−month eligibility, families can work, participate in training or educational programs, seek permanent hous- ing, seek employment as they work towards being gain- fully employed in the workforce.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2271 The SSPI invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Becky Halligan, Consultant Early Learning and Care Division California Department of Education 1430 N Street, Suite 3410 Sacramento, CA 95814 Telephone: 916−322−6248 Email: bhalligan@cde.ca.gov Inquiries concerning the regulatory process may be directed to the Regulations Coordinator or the backup contact person, Hillary Wirick, Regulations Analyst, at 916−319−0860.

INITIAL STATEMENT OF REASONS AND INFORMATION The SSPI has prepared an Initial Statement of Rea- sons for the proposed regulations and has available all the information upon which the proposal is based. TEXT OF PROPOSED REGULATIONS AND CORRESPONDING DOCUMENTS Copies of the exact language of the proposed regula- tions, the Initial Statement of Reasons, and all of the in- formation upon which the proposal is based, may be ob- tained upon request from the Regulations Coordinator. These documents may also be viewed and downloaded from the CDE’s Web site at https://www.cde.ca.gov/re/ lr/rr/.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the Reg- ulations Coordinator. You may obtain a copy of the Final Statement of Rea- sons, once it has been finalized, by making a written re- quest to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Ameri- cans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request as- sistance by contacting Becky Halligan, Early Learning and Care Division, 1430 N Street, Suite 3410, Sacra- mento, CA, 95814; telephone, 916−322−6248. It is rec- ommended that assistance be requested at least two weeks prior to the hearing. TITLE 9.

DEPARTMENT OF REHABILITATION NOTICE IS HEREBY GIVEN that the Department of Rehabilitation (hereafter “Department”) proposes to repeal

Section 7334 and amend Sections 7334.1, 7334.2, 7334.3, 7334.4, 7334.5, 7334.6, 7334.7, 7334.8, and 7335 of Title 9 of the California Code of Regulations, described below after considering all comments, objections, or recommendations regarding the proposed action. PUBLIC HEARING The Department will hold a public hearing at 2:00 p.m. on February 11, 2019, at 721 Capitol Mall, Room 242, Sacramento, California 95814. The hearing will adjourn at 3:00 p.m. Members of the public may attend the hearing in person or may participate via phone.

To participate via phone, members of the public must call (877) 917−5782 at the time of the hearing and enter par- ticipant passcode 1888385 when prompted. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The Depart- ment requests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. Oral comments will be limited to three minutes per commenter. No oral state- ments will be accepted subsequent to this public hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to: Michele Welz, Regulations Analyst Department of Rehabilitation 721 Capitol Mall Sacramento, California 95814

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2272 Comments may also be submitted by facsimile to (916) 558−5826 or by email to Legal@dor.ca.gov. Comments must be received by the Regulations Ana- lyst by 5:00 p.m. on February 11, 2019. All written comments received by the Department during the pub- lic comment period are subject to disclosure under the California Public Records Act (Gov. Code § 6250 through 6276.48). ACCESSIBILITY The public hearing room accessible to individuals with disabilities.

Any person with a disability who is in need of reasonable accommodations, should contact Michele Welz, Regulations Analyst, at (916) 558−5825 or Legal@dor.ca.gov at least two weeks in advance of the date of the hearing. AUTHORITY AND REFERENCE Authority: 34 CFR 76.50; Welfare and Institutions Code sec- tions 19006 and 19016. Reference: 29 USC 796−796l and 3003; 31 USC 7501; 2 CFR

part 200; Appendix II to 2 CFR

Part 200; 34 CFR 76.400 and 76.770; Sections 11180 and 12419, Govern- ment Code; Sections 4357−4359 and 19750−19755, Welfare and Institutions Code; Cal. Code Regs. tit. 2,

section 18700. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department has authority to grant federal and state funds to entities that serve individuals with dis- abilities in accordance with Welfare and Institutions Code 19000 et seq. and the Rehabilitation Act, as amended (29 USC 701 et seq.). The Department awards grant funds through a competitive solicitation process based on its evaluation of applications. The Department seeks to promulgate regulations to govern the competitive grant solicitation process.

The Department’s goals are to ensure that the solicitation process is responsive to the needs of the public, grant re- cipients, and those who receive services under the fund- ed grant, and to ensure that the grant award process is fair and transparent to all stakeholders, including the public and interested parties. DOCUMENTS INCORPORATED BY REFERENCE None. EV ALUATION OF INCONSISTENCY/INCOMPATABILITY OF EXISTING REGULATIONS The Department considered other possible related regulations to this proposed action and determined that these regulations are the only ones that relate to the sub- ject matter.

Therefore, the proposed regulations are nei- ther inconsistent nor incompatible with existing state or federal regulations. ANTICIPATED BENEFITS The benefits of repealing California Code of Regula- tions, title 9,

section 7334 and amending sections 7334.1, 7334.2, 7334.3, 7334.4, 7334.5, 7334.6, 7334.7, 7334.8, and 7335 include making the Depart- ment’s grant solicitation process more consistent across its grant programs and providing a centralized resource for applicants seeking information about the Depart- ment’s grant solicitation process. Currently, each of the Department’s grant programs engages in its own process for evaluating applications and awarding grant funds.

To solicit applications, pro- grams issue requests for applications (RFAs) with in- structions for applicants and descriptions of the evalua- tion process. RFAs can vary based on the Program and source of funding. These regulations provide for con- sistency across the Department’s programs. DISCLOSURES REGARDING THE PROPOSED ACTION — FISCAL IMPACT The DOR has made the following initial determinations: There are no other matters prescribed by statute ap- plicable to the specific state agency or to any specific regulations. Mandate on local agencies and school districts: None.

Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2273 SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS Significant, statewide adverse economic impact di- rectly affecting businesses including the ability of Cali- fornia businesses to compete with businesses in other states: None. COST IMPACT ASSESSMENT Cost impacts on a representative private person or businesses: The Department 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.

The proposed changes do not im- pose any costs on private businesses that would not be imposed under the Department’s current regulations and current grant solicitation process. RESULTS OF ECONOMIC IMPACT ASSESSMENT Creation or Elimination of Jobs within the State of California. The proposed regulations are designed to clarify and make specific the Department’s existing grant solicita- tion process. Therefore, no jobs in California will be created or eliminated.

Creation of New or Elimination of Existing Businesses within the State of California The proposed regulations are designed to clarify and make specific the Department’s existing grant solicita- tion process. Therefore, no businesses in California will be created or eliminated. Expansion of Businesses Currently Doing Business within the State of California. The proposed regulations are designed to clarify and make specific the Department’s existing grant solicita- tion process. Therefore, no businesses in California will be expanded or eliminated.

Benefits of the Regulations The proposed regulations will not adversely affect the health and welfare of California residents, worker safety, or the State’s environment. However, the pro- posed regulations will promote equity and transparency between the Department and grant applicants by clari- fying the Department’s existing competitive grant so- licitation process. BUSINESS REPORTS Business Reporting Requirement: None. HOUSING COSTS Significant effect on housing costs: None.

DETERMINATION OF EFFECT ON SMALL BUSINESS The Department has determined that these proposed regulations will not affect small businesses because they do not impose new obligations on any grant appli- cants; they merely clarify existing terms. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other- wise been identified and brought to the attention of the Department 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 per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of the law.

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSON Inquiries concerning the proposed administrative ac- tion may be directed to: Michele Welz, Regulations Analyst Department of Rehabilitation 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558−5825 Facsimile: (916) 558−5826 Email: Legal@dor.ca.gov The backup contact person for these inquiries is An- isha Asher, Attorney, at (916) 558−5825 or Legal@dor. ca.gov.

Please direct requests for copies of the Notice of Pro- posed Rulemaking, Proposed Text of the Regulations, Initial Statement of Reasons, Modified Proposed Text of Regulations, if any, or other information upon which the rulemaking is based to Michele Welz at the address above. The Department will also provide copies of the

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2274 regulation proposal in large print, Braille, on audiotape, compact disk, or transmit copies of the regulation pro- posal electronically, upon request. The Department shall provide, upon request, a de- scription of the proposed changes included in the pro- posed action, in the manner provided by Government Code

section 11346.6, to accommodate a person with a visual or other disability for which effective communi- cation is required under state or federal law and that pro- viding the description of proposed changes may require extending the period of public comment for the pro- posed action. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this notice is published in the Notice Regis- ter, the rulemaking file consists of this Notice of Pro- posed Rulemaking, Proposed Text of the Regulations, and Initial Statement of Reasons. Copies may be ob- tained by contacting Michele Welz at the address or phone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and written comment period has ended and considering all timely and relevant com- ments received, the Department may adopt the pro- posed regulations substantially as described in this no- tice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text with the changes clearly in- dicated available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Michele Welz at the ad- dress indicated above. The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they were made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Michele Welz at the address above or on the Department’s website at www.dor.ca.gov. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Initial Statement of Reasons, Proposed Text of the Regula- tions with underline and strikeout, and Proposed Text of Regulations with word cues indicating strikeout and un- derline, can be accessed through the Department’s web- site at www.dor.ca.gov. TITLE 9.

DEPARTMENT OF REHABILITATION NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF CALIFORNIA DEPARTMENT OF REHABILITATION NOTICE IS HEREBY GIVEN that the Department of Rehabilitation (DOR), pursuant to the authority vest- ed in it by

section 87306 of the Government Code, and in conjunction with the Fair Political Practices Com- mission, proposes amendment to its Conflict−of− Interest Code. The purpose of these amendments is to implement the requirements of sections 87300 through 87302, and

section 87306 of the Government Code. The DOR proposes to amend its Conflict−of−Interest Code to update information regarding employee posi- tions that involve the making, or participation in the making, of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in subdi- vision (

a) of

section 87302 of the Government Code and in compliance with the Fair Political Practices Commis- sion. The DOR is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. This amendment changes executive titles, some pro- fessional titles, and adds positions that deal with con- tracts and financial responsibilities, consistent with the current organizational structure of the Department.

There are also some positions that have been deleted as they have been eliminated from the Department’s orga- nizational structure for now. Changes made in the pro- fessional title names were to make the Appendix more consistent and easier to read. Copies of the proposed amendments, the written ex- planation of the reasons, and the information on which the amendments are based may be obtained by contact- ing the Regulations Analyst set forth below. At this time, no public hearing has been scheduled concerning the proposed amendments.

If any interested person or the person’s representative requests a public hearing, he or she must do so no later than January 28, 2019, by con- tacting the Regulations Analyst set forth below.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2275 Any interested person may submit written state- ments, arguments, or comments relating to the pro- posed amendments by submitting them in writing no later than February 11, 2019, or at the conclusion of the public hearing, if requested, whichever comes later, to the Regulations Analyst set forth below. The DOR has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses, or small businesses. In making these proposed amendments, the DOR did determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the amendments are proposed or would be as ef- fective and less burdensome to any affected persons than the proposed amendments.

All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Michele M. Welz Department of Rehabilitation Office of Legal Affairs and Regulations 721 Capitol Mall 3rd floor Sacramento, CA 95814 916−558−5833 Michele.Welz@dor.ca.gov TITLE 10. CALIFORNIA HEALTH BENEFIT EXCHANGE CALIFORNIA CODE OF REGULATIONS, TITLE 10,

CHAPTER 12,

ARTICLE 11 ADOPT SECTIONS 6850, 6852, 6854, 6856, 6858, 6860, 6862, 6864, 6866, and 6868 The Board of Directors for the California Health Ben- efit Exchange (hereinafter referred to as the “Ex- change”) proposes to adopt the regulation described be- low after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action.

However, the Exchange will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her autho- rized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Exchange. The writ- ten comment period closes at 02/11/2019. The Ex- change will consider only comments received at the Ex- change’s office by that time.

Submit written comments to: ANNALISA FRANCO California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Comments may also be submitted by facsimile (FAX) at 916−228−8321 or by e−mail to regulations@ covered.ca.gov. AUTHORITY AND REFERENCE Government Code

Section 100504(a)(6) authorizes the Board of Directors for the Exchange to adopt rules and regulations, as necessary. The proposed regulations implement, interpret, and make specific Government Code Sections 100502 and 100503; and Title 45 of the Code of Federal Regulations, Sections 155.205, 156.225, and 156.260. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Documents to be incorporated by reference: None.

Summary of Existing Laws In March 2010, President Obama signed federal health reform legislation called the Patient Protection and Affordable Care Act (ACA). It created the opportu- nity for each state to establish a state−based health in- surance exchange to implement the ACA. California chose to operate an exchange that is commonly known as known as “Covered California.” For purposes of this Notice, Covered California will be referred to as the “Exchange.” The Exchange’s mission is to increase the number of insured Californians, improve health care

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2276 quality, lower costs, and reduce health disparities through an innovative, competitive marketplace that empowers consumers to choose their health plan. State law also specifies the powers and duties of the executive board of the Exchange. Government Code

Section 100504(a)(6) authorizes the Exchange’s Board of Directors to adopt rules and regulations, as neces- sary. The Exchange proposes this permanent rulemak- ing in furtherance of its rulemaking authority to imple- ment, interpret and make specific state and federal laws. Currently, there are emergency regulations that es- tablish and regulate the Certified Application Coun- selor Program. Those regulations include

definitions, application procedures, eligibility requirements, roles and responsibilities, standards for suspension, and ap- peal procedures.

Summary of the Effect of the Proposed Regulation The broad purpose of this proposed regulatory action is to: (1) complete Certificate of Compliance require- ments for Sections 6850, 6852, 6854, 6856, 6858, 6860, 6862, 6864, 6866, and 6868; and (2) make minor edits that ensure clarity and address stakeholder requests. The proposed regulations will make permanent the reg- ulations in

Article 11 governing Certified Application Entities and Counselors. The proposed permanent regu- lations include

definitions, application procedures, eli- gibility requirements, roles and responsibilities, stan- dards for suspension, and appeal procedures. If ap- proved, these regulations will assist the Exchange with the implementation of the Certified Application Coun- selor program on an indefinite basis. Evaluation of Inconsistency/Incompatibility with Existing State Regulations After an evaluation of current regulations, the Ex- change determined that these proposed regulations are not inconsistent or incompatible with any existing regu- lations.

In Articles 8, 9, and 12, there are a number of regulations pertaining to the roles and responsibilities of Certified Enrollers, such as Certified Enrollment Counselors, Medi−Cal Managed Care Plan Enrollers, and Plan−Based Enrollers. The proposed regulations do not conflict with any other regulations governing other Certified Enrollers.

Anticipated Benefits of the Proposed Regulation The anticipated benefits of this proposed regulation include: • Complete the Certificate of Compliance requirement for emergency regulations; • Provide clear standards for participants in the Certified Application Counselor program to perform their duties and ensure that consumers receive assistance to address their health and financial needs • Make minor clarifying edits to remove some ambiguity and accommodate stakeholder requests; and • Ensure compliance with federal auditing requirements.

DISCLOSURES REGARDING THE PROPOSED ACTION The Exchange has made the following initial determinations: Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations None. Mandate on Local Agencies and School Districts None. The Exchange has determined that this pro- posed regulatory action does not impose a mandate on local agencies or school districts. Cost T o Any Local Agency or School District Which Must Be Reimbursed In Accordance With Government Code Sections 17500 Through 17630 None.

This proposal does not impose costs on any lo- cal agency or school district for which reimbursement would be required pursuant to

Part 7 (commencing with

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

Significant Effect on Housing Costs None. Effect on Small Business This proposed regulation is not expected to create or expand small business within the State of California. The current CAE/CAC program has been operating since 2012. Considering that many regulations in this package currently exist as emergency regulations, there are no anticipated effects on small businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2277 Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete With Businesses in Other States None. Cost Impacts on a Representative Private Person or Business The Exchange is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action.

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

Section 11346.5(a)(13), the Exchange must determine that no reasonable alternative considered or that has otherwise been identified and brought to the attention of the Ex- change would be more effective in carrying out the pur- pose for which this action is proposed, would be as ef- fective and less burdensome to affected private persons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in effectuating the purpose of the statute and appli- cable federal regulations.

This proposed action is the most effective in effectuating the purpose of the statute and applicable federal regulations. CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: ANNALISA FRANCO Regulations Analyst California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 228−8754 The backup contact person for inquiries concerning the proposed administrative action may be directed to: Brian Kearns Attorney California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.

Sacramento, CA 95815 Telephone: (916) 228−8843 Please direct copies of the proposed text of the regula- tions, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to ANNALISA FRAN- CO at the above contact information. A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Exchange will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this notice is published in the Notice Regis- ter, the rulemaking file consists of this notice, the pro- posed text of the regulation and the Initial Statement of Reasons. Copies may be obtained by contacting AN- NALISA FRANCO at the address or (916) 228−8754 listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Exchange may adopt the proposed regulations sub- stantially as described in this notice.

If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modified text available to the public at least 15 days before the Exchange adopts the regulations as revised. Please send requests for copies of any modified regulations to the at- tention of ANNALISA FRANCO at the address indi- cated above. The Exchange will accept written com- ments on the modified regulations for 15 days after the date on which they are made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Annalisa Franco at the above address.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2278 A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline can be accessed through our website https://hbex.coveredca.com/regulations. TITLE 11. DEPARTMENT OF JUSTICE The Office of the Attorney General, Department of Justice (“DOJ”), proposes to amend sections 300, 301, 303, 305, 306, and 308, and related forms incorporated by reference, add sections 300.1, 300.2, and 309 and delete

section 307, of Title 11, Division 1,

Chapter 4, of the California Code of Regulations, regarding reporting by organizations holding property for charitable pur- poses, commercial fundraisers for charitable purposes, fundraising counsel for charitable purposes, and com- mercial coventurers over which the Attorney General has enforcement and supervisory powers. DOJ also proposes to amend sections 411, 415, 416 and 420, and related forms incorporated by reference, of Title 11, Di- vision 1,

Chapter 4.6, of the California Code of Regula- tions, regarding reporting by organizations conducting raffles. PUBLIC HEARING DOJ has not scheduled a public hearing on this pro- posed action. However, DOJ will hold a hearing if it re- ceives a written request for a public hearing from any interested person, or his or her authorized representa- tive, no later than 15 days before the close of the written comment period pursuant to Government Code

section 11346.8. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to DOJ. The written com- ment period closes at 5:00 p.m. on February 11, 2019. DOJ will consider only written comments received at the California Department of Justice, Charitable Trusts Section, 300 S. Spring St., Suite 1702, Los Angeles, CA 90013, by that time. Submit comments to: James Toma, Supervising Deputy Attorney General California Department of Justice Charitable Trusts

Section 300 S. Spring St., Suite 1702 Los Angeles, CA 90013 Email: James.Toma@doj.ca.gov Teresa DePaz, Legal Secretary California Department of Justice Charitable Trusts

Section 300 S. Spring St., Suite 1702 Los Angeles, CA 90013 Email: Teresa.DePaz@doj.ca.gov AUTHORITY AND REFERENCE DOJ proposes to amend sections 300, 301, 303, 305, 306, and 308, and related forms incorporated by refer- ence, add sections 300.1, 300.2, and 309, and delete sec- tion 307, of the California Code of Regulations Title 11, Division 1,

Chapter 4. DOJ also proposes to amend sec- tions 411, 415, 416 and 420, and related forms incorpo- rated by reference, of the California Code of Regula- tions, Title 11, Division 1,

Chapter 4.6. DOJ is autho- rized to adopt these regulations pursuant to Govern- ment Code

section 12586, subdivision (b), and to im- plement, interpret, and make specific the provisions of

section 12580, et seq., of the Government Code (the Su- pervision of Trustees and Fundraisers for Charitable Purposes Act), and pursuant to Penal Code

section 320.5. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The Supervision of Trustees and Fundraisers for Charitable Purposes Act, Government Code

section 12580, et seq. (“the Act”), provides enforcement and supervisory powers over all charitable corporations, unincorporated associations, trustees and other legal entities holding property for charitable purposes, com- mercial fundraisers for charitable purposes, fundraising counsel for charitable purposes, and commercial coventurers. The Act establishes the Registry of Chari- table Trusts, which is administered by DOJ. (Gov. Code, § 12587.1.) Organizations subject to the Act are required to file periodic reports with the Attorney Gen- eral. (Gov.

Code, §§ 12585, subd. (a) & 12586, subd. (a) [requiring registration and filing of periodic re- ports]; § 12599, subds. (b) & (c) [requiring commercial fundraisers to register and report]; § 12599.1(c) & (d) [requiring fundraising counsel to register and report]; 12599.2 [requiring specified coventurers to register and report].) The Attorney General is authorized to make rules and regulations regarding the time for filing re- ports, the content of such reports, and the manner of ex- ecuting and filing them. (Gov. Code. § 12586, subd. (b).) Sections 300, 301, 303, 305, 306, 308, and 311 of Title 11, Division 1,

Chapter 4, and the reporting forms incorporated by reference, implement, interpret, and

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2279 make specific the requirements of the above sections of the Government Code. Penal Code

section 320.5 requires annual registration and reporting to conduct lawful raffles, and requires DOJ to furnish registration and reporting forms to col- lect information required of registered organizations. (Penal Code §320.5, subd. (h)(1), (6) & (7).) DOJ is au- thorized to adopt regulations necessary to effectuate the Nonprofit raffle program. (Penal Code §320.5, subd. (h)(4).) Effect of the Proposed Rulemaking: The proposed amendments to sections 300, 301, 303, 305, 306, and 308, the addition of sections 300.1, 300.2, and 309, and the repeal of 307 of Title 11, Division 1,

Chapter 4, and amendments to sections 411, 415, 416 and 420 of

Chapter 4.6, clarify and make technical changes to the text of the regulations and their related forms and instructions used for registration and period- ic reporting. Additionally, the proposed amendments to

section 300, and the related Form CT−1 initial registration form and instructions incorporated by reference, seek addi- tional information from charitable organizations in- cluding: • All names the organization uses or has used (e.g., doing business as); • All states in which the organization does business and/or solicits donations; • All non−profit organizations with which the organization shares revenue or governance; • The circumstances concerning any denial, revocation, or modification of the organization’s IRS or FTB tax−exempt status; • The circumstances concerning any suspension or revocation of the organization’s corporate status by the Secretary of State; • All officers, directors, trustees, or employees related by blood, marriage or adoption; • The circumstances concerning any court or administrative proceedings in any state regarding solicitation or registration by the organization or any of its officers, directors, or trustees; and • All officers, directors, or trustees convicted of any crime involving the misuse or misappropriation of funds or any crime involving deception in the operation of a charity.

Because Form CT−1 and instructions are now incor- porated by reference, the amendments delete the super- fluous numbered items (1) through (20) under 300(

b) that specify the information required by Form CT−1. Proposed

section 300.1 defines the term “educational institution” for purposes of such organizations that are exempt from the registration and reporting require- ments of the Act. Proposed

section 300.2 defines the required elements for purposes of government−related organizations that are exempt from the registration and reporting require- ments of the Act. The proposed amendments to

section 301, and relat- ed forms and instructions, provide that those organiza- tions required to register and file annual reports with the DOJ Registry of Charitable Trusts (“Registry”), whose revenue exempts them from filing IRS Form 990, 990−PF or 990−EZ, must file an annual treasurer’s re- port with the Registry (Form CT−TR−1). The proposed treasurer’s report makes

section 307 irrelevant, and that

section is therefore proposed for deletion. The treasur- er’s report enhances transparency and provides basic information that the public can use to make donation de- cisions, and additionally provides DOJ with basic infor- mation to assess any problems with the organization or the need for further investigation by DOJ. The amendments to the regulations and forms also include: • Addition of a question to the Form RRF−1 regarding charitable organizations holding restricted net assets while reporting negative unrestricted net assets, required pursuant to Government Code

section 12599.8; • Addition of requests for information on Form RRF−1 regarding total and program expenses, as well as noncash contributions; • Minor changes to the fee schedule, in favor of charitable organizations, as a result of not requiring rounding up revenue figures that would then require a higher fee; • Attachment of privacy notices to applicable forms; • Addition of provisions that forms that are statutorily required to be “signed under oath” be filed under penalty of perjury; • Clarification of which completed annual Internal Revenue Service forms must be filed with the Registry; • Requirement of an email address on forms as an additional method of contact; • Clarification that commercial fundraisers must report national revenue, not just California revenue; • Addition of a question to the commercial fundraiser report form regarding written contracts to ensure that commercial fundraisers are in compliance with the applicable statute; and • Miscellaneous technical and non−substantive amendments.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2280 Proposed

section 309 clarifies that the Attorney Gen- eral may require all filings under the Act to be made electronically and with the use of electronic transfers. The proposed amendments to

section 420 and raffle Form CT−NRP−2 include: • Request whether direct costs of raffle exceed 10% of gross receipts received from ticket sales and if organization used funds from sources other than ticket sales to offset costs; and • Confirmation that raffle funds were not used for any purpose outside of California. Clarifying the forms and instructions that charitable entities and fundraising professionals file with the Reg- istry benefits registrants, DOJ, and the public. Regis- trants will understand what information must be provid- ed without assistance from the Registry.

Forms that are complete when filed and contain accurate information help DOJ fulfill its oversight responsibilities. Registry staff saves time and resources by not having to answer unnecessary questions, allowing forms to be processed more efficiently. The public benefits from receiving in- formation quickly by which they may assess the perfor- mance of charities who file forms and reports with the Registry. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to the proposed regulations.

Determination of Inconsistency/Incompatibility with Existing State Regulations: DOJ has evaluated the proposal and finds that it is not inconsistent or incompatible with existing state regulations.

Forms Incorporated by Reference — Title 11, Div. 1, Ch. 4, sections 300−316, California Code of Regulations. • Form CT−1 Initial Registration Form and Instructions thereto (Orig. 09/2017) • Form CT−TR−1 Annual Treasurer’s Report and Instructions thereto (Orig. 09/2017) • Form RRF−1 Annual Registration Renewal Fee Report and Instructions thereto (Rev. 09/2017) • Form CT−1CF Commercial Fundraiser for Charitable Purposes Annual Registration Form and Instructions thereto (Rev. 09/2017) • Form CT−2CF Commercial Fundraiser for Charitable Purposes Annual Financial Report and Instructions thereto (Rev. 09/2017) • Form CT−2TCF Commercial Fundraiser for Charitable Purposes Thrift Store Annual Financial Report and Instructions thereto (Rev. 09/2017) • Form CT−2VCF Vehicle Donation Program Annual Financial Report and Instructions thereto (Rev. 09/2017) • Form CT−3CF Registration Fundraising Counsel and Instructions thereto (Rev. 09/2017) • Form CT−4CF Bond Form and Instructions thereto (Rev. 09/2017) • Form CT−5CF Registration Commercial Coventurer and Instructions thereto (Rev. 09/2017) • Form CT−6CF Annual Financial Report Commercial Coventurer and Instructions thereto (Rev. 09/2017) • Form CT−8CF Deposit by Assignment and Instructions thereto (Rev. 09/2017) • Form CT−9CF Receipt for Notice of Assignment Commercial Fundraiser and Instructions thereto (Rev. 09/2017) • Form CT−10CF Notice of Intent to Solicit for Charitable Purposes Commercial Fundraiser (Rev. 09/2017) • Form CT−11CF Notice of Intent to Provide Services Fundraising Counsel (Rev. 09/2017) Forms Incorporated by Reference — Title 11, Div. 1, Ch. 4.6, sections 410−426, California Code of Regulations • Form CT−NRP−1 Nonprofit Raffle Registration Form and Instructions thereto (Rev. 09/2017) • Form CT−NRP−2 Nonprofit Raffle Report and Instructions thereto (Rev. 09/2017) DISCLOSURES REGARDING THE PROPOSED ACTION DOJ has made the following initial determinations: Mandate by federal law or regulation: None.

Other statutory requirements: None. Mandate on local agencies and school districts: None. Cost or savings to any State agency: No cost, and will allow DOJ to make early assessments in the initial stage of investigation and to process reporting more efficiently. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: None. Every charitable entity is required by law to maintain books and records sufficient to account for its assets, including revenue and disbursements. DOJ is not aware of any cost impacts.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2281 Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS The proposed regulations will not create or eliminate jobs in California or create, eliminate or affect the ex- pansion of California businesses. The proposed regula- tions will not adversely impact the health and welfare of California residents, worker safety, or the State’s envi- ronment.

The proposed regulations will assist DOJ in assuring charitable assets donated by California resi- dents are used for the intended purpose and for the bene- fit of California beneficiaries of charity. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS DOJ is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. In some circumstances, the amendments may save charitable organizations $25 to $75 in fees by not re- quiring them to round up their annual revenue.

BUSINESS REPORT The DOJ has determined that it is necessary for the health, safety, or welfare of the people of the state that the regulations apply to businesses. Existing law al- ready requires commercial fundraisers for charitable purposes, fundraising counsel for charitable purposes, and commercial coventurers to register and report to the Registry of Charitable Trusts. The proposed amend- ments do not change these requirements and, instead, clarify the information provided by registrants to the Registry.

These amendments will benefit the public who will receive more accurate information, registrants who will understand what information is required with- out needing to contact Registry staff, and DOJ who will receive more accurate information and save resources by not having to answer individual registrant questions. SMALL BUSINESS DETERMINATION Pursuant to Government Code

section 11342.610, subdivision (b)(6), a “small business” does not include an entity organized as a nonprofit corporation. There- fore, the proposed amendment to

Section 301 adding the treasurer’s report does not affect small businesses. Furthermore, the additional proposed amendments to the regulations only clarify reporting requirements or make other non−significant changes to regulations and reports that impose no adverse economic impacts on charitable entities or fundraising professionals. There is no adverse economic impact on small businesses.

CONSIDERATION OF ALTERNATIVES DOJ must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed, 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.

DOJ invites interested per- sons to present statements or comments with respect to alternatives to the proposed amendments during the written comment period. CONTACT PERSON General or substantive comments concerning this proposed rulemaking, including requests for copies of documents associated with this action such as the text of the proposed amendments and related forms, should be directed to: James Toma, Supervising Deputy Attorney General California Department of Justice Charitable Trusts

Section 300 S. Spring St., Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269−6549 Fax: (213) 897−7605 Email: James.Toma@doj.ca.gov Teresa DePaz, Legal Secretary California Department of Justice Charitable Trusts

Section 300 S. Spring St., Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269−6561 Fax: (213) 897−7605 Email: Teresa.DePaz@doj.ca.gov A V AILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED AMENDMENTS, AND RULEMAKING FILE DOJ will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at California Department of Justice, Charitable Trusts Section, 300 S. Spring St., Suite 1702, Los Angeles, CA 90013, and on the DOJ website at www.oag.ca.gov/charities. The rulemaking

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2282 file consists of this notice, the text of proposed amend- ments, the initial statement of reasons, and any informa- tion upon which the DOJ is basing this proposal. Copies of these documents are also available upon request by contacting James Toma or Teresa DePaz at the above listed address. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, DOJ may adopt the proposed regulations substantially as described in this notice.

If DOJ makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before it adopts the regulation amendments as re- vised. Please send requests for copies of any modified regulations to James Toma or Teresa DePaz at the con- tact information above (Contact Person). DOJ will ac- cept written comments on the modified regulations for 15 days after the date on which they are made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Teresa DePaz, Legal Secretary, at the above contact information. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the proposed amendments and related forms will be posted and avail- able for downloading on our website: www.oag.ca.gov/ charities. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR Los Padres Dam Gravel Augmentation Project (Tracking Number: 1653−2018−030−001−R4) Monterey County California Department of Fish and Wildlife (CDFW) received a Request to Approve on December 17, 2018 that the Monterey Peninsula Water Management Dis- trict proposes to carry out a habitat restoration or en- hancement project pursuant to Fish and Game Code

section 1653. The proposed project involves the re- moval of an old fish ladder that is no longer serviceable and the periodic placement of gravel to increase the amount of available spawning and rearing habitat downstream of the dam. The proposed project will be carried out on the Carmel River, located immediately downstream of the Los Padres Dam plunge pool at river mile 24.8, Monterey County, California.

On September 13, 2018, the Central Coast Regional Water Quality Control Board (Regional Water Board) received a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Los Padres Dam Gravel Augmentation Project.

The Re- gional Water Board determined that the Project, as de- scribed in the NOI, was categorically exempt from Cali- fornia Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board is- sued a Notice of Applicability (WDID No. 32718WQ18) for coverage under the General 401 Or- der on September 28, 2018. The Monterey Peninsula Water Management District is requesting a determination that the project and asso- ciated documents are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW de- termines the project is complete, the District will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2283 or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Monterey Peninsula Water Management District will have the opportunity to submit under Fish and Game Code

section 1652. FISH AND GAME COMMISSION

Section 27.65, Filleting of California Sheephead on Vessels. (OAL Notice Number Z−2018−1106−09) and

Section 29.06, Recreational Take of Purple Sea Urchin (OAL Notice Number Z−2018−1113−10) On November 16, 2018, the Fish and Game Commis- sion (Commission) provided notice of its intent to amend

Section 27.65, Title 14, California Code of Reg- ulations (CCR), concerning filleting of California sheephead on vessels. And on November 23, 2018, the Commission provided notice of its intent to adopt Sec- tion 29.06, Title 14, CCR, concerning the recreational take of purple sea urchins. The notices were published in California Regulatory Notice Registers 2018, No. 46−Z and 2018, No. 47−Z, respectively. At the time the notices were published, the location for the adoption hearing was not yet determined.

In ad- dition, at its December 13, 2018 meeting, the Commis- sion changed the adoption hearing from February 7, 2019 to February 6, 2019. The Commission will consider adoption of the pro- posed regulations at a public hearing to be held in the Resources Building Auditorium, 1416 Ninth Street, First Floor, Sacramento, California, on Wednesday, February 6, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard. Any person interested may present statements, orally or in writing, relevant to these actions at the hearing.

The original notices, initial statements of reasons, and proposed regulatory language, are posted on the Commission’s website at http://www.fgc.ca.gov. OAL REGULATORY DETERMINATION OFFICE OF ADMINISTRATIVE LAW DETERMINATION OF ALLEGED UNDERGROUND REGULATIONS (Pursuant to Government Code

Section 11340.5 and Title 1,

section 270, of the California Code of Regulations) The attachments are not being printed for practical reasons or space considerations. However, if you would like to view the attachments please contact Margaret Molina at (916) 324−6044 or mmolina@oal.ca.gov. DEPARTMENT OF CORRECTIONS AND REHABILITATION STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE LAW 2018 OAL DETERMINATION NO. 7 (OAL MATTER NO. CTU2018−0601−01) REQUESTED BY : Andrea Cardosa CONCERNING: Memorandum dated January 2, 2018; Milestone Completion Credits and Education Credits, issued by the California Department of Corrections and Rehabilitation DETERMINATION ISSUED PURSUANT TO GOVERNMENT CODE

SECTION 11340.5. SCOPE OF REVIEW A determination by the Office of Administrative Law (OAL) evaluates whether or not an action or enactment by a state agency complies with California administra- tive law governing how state agencies adopt regula-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2284 tions. Nothing in this analysis evaluates the advisability or the wisdom of the underlying action or enactment. Our review is limited to the sole issue of whether the challenged rule meets the definition of “regulation” as defined in Government Code

section 11342.600 and is subject to the Administrative Procedure Act (APA). If a rule meets the definition of “regulation,” but was not adopted pursuant to the APA and should have been, it is an “underground regulation” as defined in California Code of Regulations, title 1,

section 250. 1 OAL has nei- ther the legal authority nor the technical expertise to evaluate the underlying policy issues involved in the subject of this determination.

CHALLENGED RULE The challenged rule was issued by the Department of Corrections and Rehabilitation (Department) and is contained in a memorandum dated January 2, 2018, with the subject “Milestone Completion Credits and Education Merit Credits.” The January 2, 2018, “Mile- stone Completion Credits and Education Merit Credits” memorandum details policies and procedures for the awarding of Milestone Completion and Education Credits to inmates who participate in approved rehabili- tative programs.

It is attached as Exhibit A, and here- after referred to as the “Memorandum.” DETERMINATION OAL determines that the Memorandum meets the definition of “regulation” that should have been adopt- ed pursuant to the APA, but was not. The Memorandum is, therefore, an underground regulation. FACTUAL BACKGROUND On June 1, 2018, Andrea Cardosa (Petitioner) sub- mitted a petition to OAL challenging the Memorandum as an underground regulation. The Memorandum was issued by Shannon M. Swain, Superintendent, Office of Correctional Education for the Department.

It was is- sued on January 2, 2018, directed to “Principals,” and copied to many others in the Department. OAL accepted the petition for consideration on July 31, 2018. The petition was published in the California Regulatory Notice Register on August 17, 2018. Com- ments from the public were solicited until September 17, 2018. OAL received three comments from the pub- lic, all supportive of Ms. Cardosa’s petition. A response to the petition from the Department was due no later than October 1, 2018. No response was received from the Department.

The Memorandum is directed to facility Principals and the staff of the Department and contains instruc- tions on how “inmates may be eligible to receive credit for satisfactory attendance and participation in ap- proved rehabilitative programs.” It is a seven page memo that is to be used by education supervisors to evaluate whether an inmate may be awarded Milestone Completion Credit.

OAL’s review and analysis is limit- ed to the criteria specifically challenged by Petitioner under the subject “College” on page four of the Memo- randum, which lists the following: For MCC [Milestone Completion Credit], the college must be accredited by an agency recognized by the United States Department of Education (USDOE) at the time of course completion.

EMC [Education Merit Credit] may only be issued for regionally accredited colleges and universities. • One MCC may be awarded per qualifying course • Inmate−students must have a verified HSD/HSE [High School Diploma/High School Equivalency] to enroll in college courses for MCC • Each qualifying course must be transferable to an AA/AS or BA/BS degree and provide a minimum of three (3) semester units or four (4)/five (5) quarter units • Units earned above or below these amounts may not be “banked” or combined with other units • Career (e.g., Paralegal) and certificate programs (e.g.

Servsafe) do not qualify for College MCC • College courses approved for MCC must lead to a degree • OCE CTE [Office of Correctional Education Career Technical Education] courses which are articulated with a college are not eligible for college MCC • College courses that replicate OCE curriculum are not eligible for college MCC, in accordance with the Memorandum of Understanding between the Community College Chancellors Office and the California Department of Corrections and Rehabilitation and amendment of Education Code

Section 84810.5, which states: The courses for inmates (provided by community college) in a state correctional facility developed as a result of this 1 As defined by title 1,

section 250(a), an “Underground regulation” means any guideline, criterion, bul- letin, manual, instruction, order, standard of general applica- tion, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in

section 11342.600 of the Government Code, but has not been adopted as a regula- tion and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adop- tion pursuant to the APA.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2285 agreement will serve to supplement, but not duplicate or supplant, any adult education course opportunities at that facility by the Office of Correctional Education of the Department of Corrections and Rehabilitation. UNDERGROUND REGULATIONS Government Code

section 11340.5, subdivision (a), provides that: No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in [Government Code]

Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State pursuant to [the APA]. When an agency issues, utilizes, enforces, or attempts to enforce a rule in violation of Government Code sec- tion 11340.5 it creates an underground regulation as de- fined in title 1, California Code of Regulations,

section 250. OAL may issue a determination as to whether or not an agency has issued, utilized, enforced, or attempted to enforce a rule that meets the definition of “regulation” as defined in Government Code

section 11342.600 and should have been adopted pursuant to the APA (Gov. Code sec.11340(b)). An OAL determination is not en- forceable against the agency through any formal admin- istrative means, but it is entitled to “due deference” in any subsequent litigation of the issue pursuant to Grier v. Kizer (1990) 219 Cal.App.3d 422 [268 Cal.Rptr. 244]. ANALYSIS OAL’s authority to issue a determination extends on- ly to the limited question of whether the challenged rule is a “regulation” subject to the APA. This analysis will determine (1) whether the challenged rule is a “regula- tion” within the meaning of Government Code

section 11342.600, and (2) whether the challenged rule falls within any recognized exemption from APA requirements. A regulation is defined in Government Code

section 11342.600 as: . . . every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. In Tidewater Marine Western, Inc. v. Victoria Brad- shaw (1996) 14 Cal.4th 557, 571 [59 Cal.Rptr.2d 186], the California Supreme Court found that: A regulation subject to the Administrative Procedure Act (APA) (Gov. Code, §11340 et seq.) has two principal identifying characteristics.

First, the agency must intend its rule to apply generally, rather than in a specific case. The rule need not, however, apply universally; a rule applies generally so long as it declares how a certain class of cases will be decided. Second, the rule must implement, interpret, or make specific the law enforced or administered by the agency, or govern the agency’s procedure (Gov. Code, §11342, subd. (g)). 2 As stated in Tidewater, the first element used to iden- tify a “regulation” is whether the rule applies generally. As Tidewater points out, a rule need not apply to all per- sons in the state of California.

It is sufficient if the rule applies to a clearly defined class of persons or situations. 3 The Memorandum indicates that it is directed to “Principals” and “Department staff” throughout the state and applies to all inmates who seek to obtain Mile- stone Completion Credit. As such, the rule applies gen- erally to all inmates. The second element used to identify a “regulation” as stated in Tidewater is that the rule must implement, in- terpret or make specific the law enforced or adminis- tered by the agency, or govern the agency’s procedure. Penal Code

section 5054 specifically provides that the care and custody of inmates, as well as the manage- ment and control of state prisons, is vested in the Secre- tary of the Department. It states: Commencing July 1, 2005, the supervision, management and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Penal Code

section 2933.05(

b) provides that inmates “shall have a reasonable opportunity to participate in program credit qualifying assignments in a manner con- sistent with institutional security and available resources.” The Secretary, through the Department’s Superinten- dent, Office of Correctional Education, is implement- ing, interpreting and making specific the duties delegat- 2

Section 11342(

g) was re−numbered in 2000 to

section 11342.600 without substantive change. 3 See also Roth v. Department Of Veterans Affairs, (1980) 110 Cal.App.3d 14, 19; 167 Cal.Rptr. 552, 557.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2286 ed to the Secretary pursuant to sections 2933.05(

b) and 5054 of the Penal Code when deciding how and when inmates will receive Milestone Completion Credit in the Memorandum.

The Memorandum specifically states that its purpose is to provide Principals and “Department staff with in- formation regarding the new Milestone Completion Credits (MCC) and Education Merit Credits (EMC).” It further states: “Proposition 57 regulations stipulate that inmates may be eligible to receive credit for satisfactory attendance and participation in approved rehabilitative programs.” The Proposition 57 regulations the Memo- randum is referring to are, among others, sections 3043 and 3043.3 of the California Code of Regulations (CCR). The Memorandum indicates that

section 3043 of title 15, of the CCR “identifies the criteria necessary for a program to qualify for MCC” and then sets forth further requirements implementing sections 3043 and 3043.3, which specifically addresses Milestone Com- pletion Credit. Two examples of where the Memorandum goes be- yond what is in Title 15,

section 3043.3, of the CCR are as follows: First, the Memorandum states that “[u]nits earned above or below [a minimum of three (3) semester units or four (4)/five (5) quarter units] may not be ‘banked’ or combined with other units.” However, Title 15 of the CCR, subdivision 3043.3(

c) seems to state the contrary. It states, in relevant part, that “Milestone Completion Credit shall be awarded in increments of not less than one week, but no more than twelve weeks in a twelve− month period. Milestone Completion Credit earned in excess of this limit shall be awarded to the inmate on his or her next credit anniversary, defined as one year after the inmate completes his or her first Milestone Comple- tion Credit program, and each year thereafter.” In other words, the regulation seems to allow credits earned to be “banked” and used the following year, while the Memorandum prohibits this.

Second, the Memorandum states that “[c]ollege cour- ses approved for MCC must lead to a degree.” Howev- er, Title 15 of the CCR, subdivision 3043.3(d), does not impose such a requirement. It states, in relevant part: (

d) A Milestone Completion Credit

Schedule (REV 07/18) is hereby incorporated by reference. The

schedule identifies all of the approved Milestone Completion Credit programs, the corresponding credit reduction for successful completion of each program, and whether credit for repeating the program is authorized. The department may authorize a program be repeated for credit if there are significant rehabilitative benefits to be gained by those inmates who retake the program. Page 2 of the Milestone Completion Credit

Schedule shows that a college course of 3 semester units or 4−5 quarter units provides a credit of 3 weeks, but it does not specify that the college course must lead to a degree. The Memorandum further interprets and makes specif- ic the regulation by requiring the college course to lead to a degree. The Memorandum does not merely restate

section 3043.3 of title 15, but goes beyond what is in

section 3043.3 of title 15 of the CCR by further implementing, interpreting and making it more specific. The Memorandum contains generally applicable rules that further implement, interpret and make more specific sections 3043 and 3043.3 of title 15 of the CCR, as well as Penal Code sections 5054 and 2933.05(

b) and Proposition 57. It therefore meets the definition of “reg- ulation” in Government Code

section 11342.600. The final issue to examine is whether the Memoran- dum falls within an express statutory exemption from the APA. Exemptions from the APA can be general ex- emptions that apply to all state rulemaking agencies. Exemptions may also be specific to a particular rule- making agency or a specific program. Pursuant to Gov- ernment Code

section 11346, the procedural require- ments established in the APA “shall not be superseded or modified by any subsequent legislation except to the extent that the legislation shall do so expressly.” (Em- phasis added.) The Department has not identified an express statuto- ry exemption from the APA that would apply to the Memorandum, nor did OAL find such an exemption. CONCLUSION In accordance with the above analysis, OAL deter- mines that the Memorandum meets the definition of “regulation” that should have been adopted pursuant to the APA, but was not. The Memorandum, therefore, is an underground regulation.

Date: December 17, 2018 /s/ Debra M. Cornez Director /s/ Thanh Huynh Senior Attorney Cc: Ralph Diaz, Secretary (

A) Ying Sun, Acting Chief RPMB

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2287

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

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

File# 2018−1114−03 AIR RESOURCES BOARD Amendments to Low−Emission Vehicle III GHG Regulation The California Air Resources Board is amending reg- ulations to make clear that the “deemed to comply” op- tion for the 2017 through 2025 model years is only ap- plicable if the currently adopted federal regulations, as they existed as of the date the 2017 Final Determination was released (incorporated in the Code of Federal Reg- ulations and last amended in October 25, 2016), is in ef- fect.

The “deemed to comply” option is the acceptance of federal program compliance as providing equivalent or better overall greenhouse gas reductions in the state compared to California’s program.

Title 13 AMEND: 1961.2, 1961.3 Filed 12/12/2018 Effective 12/12/2018 Agency Contact: Bradley Bechtold (916) 322−6533 File# 2018−1207−02 CALIFORNIA ALTERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY Commercial Energy Efficiency Financing Program This emergency rulemaking by the California Alter- native Energy and Advanced Transportation Financing Authority (Authority) adopts sections to establish the Commercial Energy Efficiency Financing Program.

This is one of several pilot programs authorized under the CPUC−approved Decision Implementing 2013−14 Energy Efficiency Financing Pilot Programs and estab- lishes affordable financing to small business owners undertaking emergency efficiency retrofit projects. Title 4 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 Filed 12/17/2018 Effective 12/17/2018 Agency Contact: David Gibbs (916) 653−2212 File# 2018−1205−01 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION Regulations Implementing

Part 8.7 of Division 3 of Ti- tle 2 of the Government Code This action is a second readopt of prior emergency regulations (file nos. 2018−0308−01, 2018−0906−01) that govern appeal procedures for various taxes and fees administered by the Department of Tax and Fee Admin- istration. Pursuant to Government Code

section 15570.40, this action is deemed an emergency and ex- empt from OAL review.

Title 18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5626, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 Filed 12/17/2018 Effective 12/17/2018 Agency Contact: Richard Bennion (916) 455−2130 File# 2018−1030−05 CALIFORNIA SCHOOL FINANCE AUTHORITY Project Acceleration Notes and Credit Enhancement Alternative Program In 2017, the U.S.

Department of Education awarded a grant to the California School Finance Authority (Au- thority). The funds from this grant will be disbursed

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2288 through the Authority’s Project Acceleration Notes and Credit Enhancement Alternatives (PANACEA) Pro- gram to provide credit enhancement to facilitate the fi- nancing of the purchase, construction, and/or renova- tion of facilities for California Public Charter Schools. In this resubmitted regulatory action, the Authority adopts regulations to implement the Authority’s admin- istration of these funds.

The regulations address eligi- bility criteria for the program, award allocation and eli- gible use of program funds, application review and evaluation criteria, content of applications, audits and conflicts of interest, and funding contingency.

Title 4 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 Filed 12/12/2018 Effective 12/12/2018 Agency Contact: Katrina Johantgen (213) 620−2305 File# 2018−1130−02 DEPARTMENT OF FOOD AND AGRICULTURE Industrial Hemp Cultivation, List of Approved Seed Cultivars The California Department of Food and Agriculture (CDCA) is adopting methodology and procedures to add, amend, or remove an industrial hemp seed cultivar from the list of approved seed cultivars.

The adoption of the methodology and procedures is exempt from the Administrative Procedure Act and review by the Office of Administrative Law pursuant to Food and Agricul- tural Code

section 81002(c)(1) and (c)(3). Title 3 ADOPT: 4921 Filed 12/18/2018 Effective 12/18/2018 Agency Contact: Dean Kelch (916) 403−6650 File# 2018−1030−02 DEPARTMENT OF HEALTH CARE SERVICES eTAR Mandate This action establishes processes for submission of electronic Treatment Authorization Requests (eTARs) under the Medi−Cal program.

Title 22 ADOPT: 51002.5 AMEND: 51003.1 Filed 12/13/2018 Effective 04/01/2019 Agency Contact: David Kim (916) 345−8399 File# 2018−1207−03 DEPARTMENT OF PARKS AND RECREATION Grants and Cooperative Agreement Program This rulemaking action updates existing regulations that govern administration of grants to eligible agencies and organizations to develop, maintain, expand, and manage Off−Highway Motor Vehicle (OHV) recre- ation areas.

Title 14 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 Filed 12/14/2018 Effective 01/01/2019 Agency Contact: Jessica Terry (916) 319−8540 File# 2018−1210−01 DEPARTMENT OF PUBLIC HEALTH Skilled Nursing Facilities 3.5 Direct Care Hours This emergency rulemaking action by the Depart- ment of Public Health readopts and amends regulations originally adopted in emergency action 2018−0619−02 that implement minimum staffing requirements for skilled nursing facilities as established by statutes 2017,

chapter 52 (SB 97). Title 22 AMEND: 72329.2 Filed 12/19/2018 Effective 12/29/2018 Agency Contact: Anita Shumaker (916) 440−7718 File# 2018−1204−03 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Processing Payments This emergency rulemaking by the Department of Resources Recycling and Recovery establishes fixed, reasonable financial returns for urban and rural recy- cling centers for the 2019 calendar year. Title 14 AMEND: 2975 Filed 12/13/2018 Effective 12/13/2018 Agency Contact: Thomas Vallance (916) 322−4256 File# 2018−1107−03 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Non−Substantive Correction to Import/Export Rule Revisions

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2289 This action makes non−substantive corrections to the recently adopted Import/Export regulations in title 22. Title 22 AMEND: 66262.41 Filed 12/19/2018 Effective Agency Contact: Victoria Rouse (916) 323−3388 File# 2018−1213−01 DEPARTMENT OF WATER RESOURCES Annual Fees — Dam Safety Program In this emergency action, the Department of Water Resources (Department) readopts the method for deter- mining the fee

schedule to cover the Department’s rea- sonable budgetary costs to carry out the Department’s Dam Safety Program. Title 23 AMEND: 315, 316 Filed 12/19/2018 Effective 12/25/2018 Agency Contact: Marcelino Alcantar (916) 227−4640 File# 2018−1119−02 FAIR POLITICAL PRACTICES COMMISSION Gift Limit, Cost of Living Adjustments (COLA) The Fair Political Practices Commission submitted this action to amend regulations addressing campaign contribution limits, voluntary expenditure ceilings, and gift limit amounts.

Title 2 AMEND: 18545, 18700, 18730, 18940.2 Filed 12/12/2018 Effective 01/11/2019 Agency Contact: Ginny Lambing (916) 322−5560 File# 2018−1031−01 OFFICE OF SPILL PREVENTION AND RESPONSE Financial Responsibility This certificate of compliance action makes perma- nent the prior emergency actions to implement changes regarding financial responsibility for oil spills pursuant to Senate Bill 861 (Stats. 2014, ch. 35). (See OAL File Nos. 2015−0825−03; 2016−0822−02; 2017−0727−03; 2018−0720−01.) Title 14 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 Filed 12/17/2018 Effective 01/01/2019 Agency Contact: Christine Kluge (916) 327−0910 File# 2018−1031−02 OFFICE OF SPILL PREVENTION AND RESPONSE Oil Spill Response Organization Ratings This certificate of compliance action by the Office of Spill Prevention and Response makes permanent the prior emergency actions (OAL File Nos. 2015−1002−05EFP, 2016−0927−03EFP, 2017−0727− 06EFP, and 2018−0720−04EFP) that implement changes regarding oil spill response organization rat- ings for oil spills in accordance with recent amend- ments to the Lempert−Keene−Seastrand Oil Spill Pre- vention and Response Act (Stats. 2014, ch. 35, SB 861).

Title 14 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 Filed 12/17/2018 Effective 01/01/2019 Agency Contact: Christine Kluge (916) 327−0910 File# 2018−1031−03 OFFICE OF SPILL PREVENTION AND RESPONSE Drills and Exercises — Inland Facilities This certificate of compliance resubmittal action makes permanent the readopted emergency file and print regulations for drills and exercises to be per- formed at inland facilities. (See OAL Matter No. 2018−0720−02EFP.) Title 14 ADOPT: 820.02 Filed 12/17/2018 Effective 01/01/2019 Agency Contact: Christine Kluge (916) 327−0910 File# 2018−1031−04 OFFICE OF SPILL PREVENTION AND RESPONSE Oil Spill Contingency Plans (Inland facilities) &

Definitions and Abbreviations In this resubmitted certificate of compliance, the Of- fice of Spill Prevention and Response makes permanent the prior emergency actions (OAL File Nos. 2015−0825−05EFP, 2016−0822−03EFP, 2017−0727− 04EFP). The regulations amend a

section to modify ex- isting

definitions and abbreviations. It also adopts a new

section to establish contingency plan requirements for “Inland Facilities.” Title 14 ADOPT: 817.04 AMEND: 790 Filed 12/17/2018 Effective 01/01/2019 Agency Contact: Christine Kluge (916) 327−0910 File# 2018−1204−08 STATE ALLOCATION BOARD Full−Day Kindergarten Facilities Grant Program

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2290 This emergency rulemaking action implements the Full−Day Kindergarten Facilities Grant Program creat- ed through Assembly Bill 1808,

Chapter 32, Statutes of 2018, which appropriated $100,000,000 from the Gen- eral Fund to the State Allocation Board to provide one− time grants to school districts to construct new or retro- fit existing school facilities for the purpose of providing full−day kindergarten classrooms.

Title 2 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8, 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 Filed 12/14/2018 Effective 12/14/2018 Agency Contact: Lisa Jones (916) 376−1753 File# 2018−1211−02 STATE ALLOCATION BOARD Leroy F .

Greene School Facilities Act of 1998; GSD for 5 Y ears This rulemaking action by the State Allocation Board extends, from January 1, 2019 to January 1, 2024, the sunset date for the additional General Site Development Grant that school districts may be eligible for under the School Facility Program (SFP). This grant program helps school districts cover the extra costs involved when they build new schools or add additions to exist- ing schools requiring the development of new acreage.

These extra costs include: landscaping, finish grading, driveways, walkways, outdoor instructional play facili- ties, permanent playground equipment, and athletic fields. Title 2 AMEND: 1859.76 Filed 12/18/2018 Effective 12/18/2018 Agency Contact: Lisa Jones (916) 376−1753 File# 2018−1119−01 STATE LANDS COMMISSION Conflict−of−Interest Code This is a conflict−of−interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 2 AMEND: 2970 Filed 12/12/2018 Effective 01/11/2019 Agency Contact: Anne Kerri (916) 574−1912 File# 2018−1030−03 State Water Resources Control Board Los Angeles (LA) Region Basin Plan Salt and Nutrient Management for Raymond Groundwater (GW) Basin This action by the State Water Resources Control Board amends the Los Angeles Region’s Basis Plan by adding salt and nutrient management measures to the Raymond Groundwater Basin in Los Angeles County into

Chapter 8 titled “Groundwater Quality Manage- ment — Sustainablity and Basin−Specific Protection of Groundwater.” Title 23 ADOPT: 3939.56 Filed 12/13/2018 Effective Agency Contact: Ginachi Amah (213) 576−6685 File# 2018−1030−04 STATE W ATER RESOURCES CONTROL BOARD LA Region Basin Plan Salt and Nutrient Management for San Gabriel Groundwater Basin This action by the State Water Resources Control Board amends the Los Angeles Region’s Basin Plan by incorporating salt and nutrient management measures, contained in the Salt and Nutrient Management Plan for the Main San Gabriel Groundwater Basin in Los Ange- les County, into

Chapter 8 titled “Groundwater Quality Management — Sustainability and Basin−Specific Pro- tection of Groundwater.” Title 23 ADOPT: 3939.55 Filed 12/13/2018 Effective 12/13/2018 Agency Contact: Ginachi Amah (213) 576−6685 CCR CHANGES FILED WITH THE SECRETARY OF STATE WITHIN July 18, 2018 TO December 19, 2018 All regulatory actions filed by OAL during this peri- od are listed below by California Code of Regulations titles, then by date filed with the Secretary of State, with the Manual of Policies and Procedures changes adopted by the Department of Social Services listed last. For fur- ther information on a particular file, contact the person listed in the

Summary of Regulatory Actions

section of the Notice Register published on the first Friday more than nine days after the date filed. Title 2 12/18/18 AMEND: 1859.76 12/14/18 ADOPT: 1860, 1860.1, 1860.2, 1860.3, 1860.4, 1860.5, 1860.6, 1860.7, 1860.8,

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2291 1860.9, 1860.10, 1860.10.1, 1860.10.2, 1860.10.3, 1860.11, 1860.12, 1860.13, 1860.14, 1860.15, 1860.16, 1860.17, 1860.18, 1860.19, 1860.20, 1860.21 12/12/18 AMEND: 2970 12/12/18 AMEND: 18545, 18700, 18730, 18940.2 12/05/18 REPEAL: 2430, 2431, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445 12/04/18 AMEND: 1897 11/29/18 ADOPT: 1896.83, 1896.85 AMEND: 1896.60, 1896.61, 1896.62, 1896.70, 1896.71, 1896.72, 1896.73, 1896.74, 1896.75, 1896.76, 1896.77, 1896.78, 1896.81, 1896.82, 1896.84, 1896.88, 1896.90, 1896.91, 1896.92, 1896.95, 1896.96, 1896.97 11/27/18 AMEND: 1897 11/08/18 ADOPT: 1896.13 AMEND: 1896.4, 1896.12, 1896.17 10/29/18 AMEND: 1896.99.100, 1896.99.120 10/22/18 ADOPT: 18215.4 10/11/18 AMEND: 1859.51(e) 09/27/18 AMEND: 43000, 43001, 43002, 43003, 43004, 43005, 43006, 43007, 43008, 43009 09/26/18 AMEND: 1859.2, 1859.51(j), 1859.70, 1859.82, 1859.93.1 09/26/18 AMEND: 59760 09/24/18 AMEND: 18700.2 09/20/18 AMEND: 559.885 09/20/18 ADOPT: 211.2 AMEND: 211 09/13/18 ADOPT: 21902, 21903.6 AMEND: 21902 (renumbered to 21901), 21903, 21904, 21905, 21905.5 09/11/18 AMEND: 1859.77.3 08/02/18 ADOPT: 59830 08/01/18 AMEND: 58200 Title 3 12/18/18 ADOPT: 4921 11/29/18 AMEND: 3899 11/06/18 AMEND: 3435(b) 10/08/18 AMEND: 3591.12 10/02/18 AMEND: 3591.12 09/13/18 AMEND: 6502 09/12/18 AMEND: 3591.13 09/12/18 AMEND: 3591.12 09/06/18 AMEND: 3601 08/22/18 AMEND: 3591.2 08/16/18 ADOPT: 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015 08/10/18 AMEND: 1380.19, 1430.10, 1430.12, 1430.13, 1430.50, 1430.51, 1430.53 08/02/18 AMEND: 3591.2 07/31/18 AMEND: 3 07/19/18 AMEND: 3591.2 Title 4 12/17/18 ADOPT: 10092.1, 10092.2, 10092.3 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 12/12/18 ADOPT: 10200, 10200.1, 10200.2, 10200.3, 10200.4, 10200.5, 10200.6, 10200.7 11/26/18 ADOPT: 7313, 7314, 7315, 7316, 7317, 7318, 7319, 7319.1, 7320, 7321, 7322, 7323, 7324, 7325, 7325.1, 7326, 7327, 7328, 7329 11/26/18 ADOPT: 7413, 7414, 7415, 7416, 7417, 7418, 7419, 7420, 7421, 7422, 7423, 7424, 7425, 7426, 7427, 7428, 7429 11/20/18 AMEND: 1632 11/20/18 AMEND: 1843.3 11/20/18 AMEND: 8078.3, 8078.15 11/19/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 11/02/18 AMEND: 8078.8, 8078.10 10/31/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 10/18/18 AMEND: 1843.2 10/18/18 AMEND: 10170.2, 10170.3, 10170.4, 10170.5, 10170.6, 10170.7, 10170.8, 10170.9, 10170.10, 10170.14 09/26/18 AMEND: 12205.1 09/21/18 ADOPT: 5700, 5710, 5711, 5720, 5721, 5722, 5730, 5731 AMEND: 5000, 5020, 5033, 5035, 5037, 5054, 5060, 5100, 5101, 5102, 5120, 5144, 5170, 5191, 5212, 5230, 5240, 5250, 5540 REPEAL: 5259 09/18/18 AMEND: 7051, 7054, 7055, 7056, 7063, 7071 09/17/18 AMEND: 10091.1, 10091.2, 10091.3, 10091.4, 10091.5, 10091.6, 10091.7, 10091.8, 10091.9, 10091.10, 10091.11, 10091.12, 10091.13, 10091.14, 10091.15 08/22/18 ADOPT: 7213, 7214, 7215, 7216, 7218, 7219, 7220, 7221, 7222, 7223, 7224, 7225, 7227, 7228, 7229 07/26/18 AMEND: 10176, 10177, 10178, 10179, 10180, 10181, 10182, 10183, 10184, 10185, 10186, 10187, 10188, 10190 07/18/18 AMEND: 2050 Title 5 12/05/18 AMEND: 19810

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2292 10/22/18 ADOPT: 20236 AMEND: 20101, 20105, 20107, 20116, 20118, 20122, 20123, 20124, 20125, 20127, 20130, 20134, 20135, 20136, 20140, 20180, 20185, 20190, 20203, 20205, 20235 REPEAL: 20119, 20158, 20125, 20216, 20217, 20251, 20251, 20255, 20251, 20260, 20265 10/17/18 AMEND: 18600 08/03/18 AMEND: 11517.6, 11518, 11518.15, 11518.20, 11518.25, 11518.30, 11518.35, 11518.40, 11518.45, 11518.50, 11518.70, 11518.75, 11519.5 07/23/18 AMEND: 40050.2, 40100.1, 40513, 40514, 41021 Title 8 11/26/18 AMEND: 9789.25 11/15/18 AMEND: 344, 344.1, 344.2 11/06/18 ADOPT: 9789.19.1 AMEND: 9789.12.1, 9789.12.2, 9789.12.6, 9789.12.8, 9789.12.12, 9789.12.13, 9789.13.2, 9789.16.1, 9789.16.7, 9789.18.1, 9789.18.2, 9789.18.3, 9789.18.11, 9789.19 11/01/18 AMEND: 14300.35, 14300.41 10/30/18 ADOPT: 9792.24.5 AMEND: 9792.22 10/10/18 AMEND: 344.18 10/08/18 ADOPT: 13850, 13851, 13853, 13855, 13856, 13857, 13858, 13859, 13860, 13861, 13862, 13863, 13864, 13865, 13866, 13867, 13868, 13870, 13871, 13872, 13873, 13874 Title 9 10/04/18 AMEND: 4350 08/20/18 ADOPT: 4020, 4020.1 Title 10 11/29/18 ADOPT: 2509.80, 2509.81, 2509.82 11/27/18 AMEND: 3704 11/20/18 AMEND: 8000, 8030 11/19/18 ADOPT: 10000, 10001, 10002, 10003, 10004, 10005, 10006, 10007 09/25/18 AMEND: 2498.4.9 09/25/18 AMEND: 2498.5 09/25/18 AMEND: 2498.6 09/24/18 ADOPT: 6408, 6410, 6450, 6452, 6454, 6470, 6472, 6474, 6476, 6478, 6480, 6482, 6484, 6486, 6490, 6492, 6494, 6496, 6498, 6500, 6502, 6504, 6506, 6508, 6510, 6600, 6602, 6604, 6606, 6608, 6610, 6612, 6614, 6616, 6618, 6620, 6622 09/17/18 ADOPT: 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6536, 6538 08/31/18 ADOPT: 2218.80, 2218.81, 2218.82, 2218.83 Title 11 10/24/18 AMEND: 1953, 1955 09/26/18 AMEND: 44.2 08/23/18 AMEND: 1004, 1005, 1081 08/15/18 AMEND: 1005, 1015 08/02/18 AMEND: 4002 07/31/18 AMEND: 49.18 Title 12 11/07/18 AMEND: 505.2 09/27/18 AMEND: 500 (renumbered to 501), 501 (renumbered to 505), 501.1 (renumbered to 501.3), 501.2 (renumbered to 505.2), 501.3 (renumbered to 505.1), 501.4 (renumbered to 505.11), 502 (renumbered to 505.3), 502.1 (renumbered to 505.6), 502.2 (renumbered to 505.12), 502.3 (renumbered to 505.4), 503 (renumbered to 501.2), 503.1 (renumbered to 505.7), 504 (renumbered to 505.8), 504.1 (renumbered to 505.9), 505 (renumbered to 510.1), 506 (renumbered to 500), 507 (renumbered to 510.9), 508 (renumbered to 510.10), 509 (renumbered to 520.2) 09/25/18 AMEND: 600 Title 13 12/12/18 AMEND: 1961.2, 1961.3 12/04/18 ADOPT: 425.01 11/29/18 AMEND: 17.00 11/27/18 AMEND: 1157.21 10/22/18 AMEND: 551.14, 551.24, 555.1, 584 10/18/18 AMEND: 551.12 10/10/18 AMEND: Appendix (Article 2.0) 09/24/18 AMEND: 2222 09/24/18 ADOPT: 2461.1 AMEND: 2450, 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, 2462, 2464, 93116.1, 93116.2, 93116.3, 93116.4 08/30/18 AMEND: 1213 08/30/18 AMEND: 1239 08/16/18 ADOPT: 25.23 AMEND: 25.06, 25.08, 25.09, 25.10, 25.11, 25.14, 25.15, 25.16, 25.17, 25.18, 25.19, 25.20, 25.21, 25.22 07/23/18 ADOPT: 223.00. 223.02, 223.04, 223.06, 223.08, 223.10, 223.12, 223.14, 223.16 Title 14 12/17/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 12/17/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 12/17/18 ADOPT: 820.02

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2293 12/17/18 ADOPT: 817.04 AMEND: 790 12/14/18 ADOPT: 4970.17.1 AMEND: 4970.00, 4970.01, 4970.04, 4970.05, 4970.06.1, 4970.06.2, 4970.06.3, 4970.07.2, 4970.08, 4970.09, 4970.10.1, 4970.10.2, 4970.10.3, 4970.10.4, 4970.11, 4970.13, 4970.19.2, 4970.20, 4970.21, 4970.22, 4970.23, 4970.23.1, 4970.23.2, 4970.24.1, 4970.24.2, 4970.25.1, 4970.25.2 12/13/18 AMEND: 2975 12/10/18 ADOPT: 126.1 AMEND: 125.1, 126 [renumbered to 126.1] 11/28/18 ADOPT: 716 AMEND: 300 11/28/18 ADOPT: 42 AMEND: 43, 651, 703 11/20/18 AMEND: 699.5 11/15/18 AMEND: 632 11/15/18 AMEND: 632 11/15/18 AMEND: Subsection 120.7(

m) REPEAL: Appendix A Form DFG−120.7 (10/87) 11/13/18 AMEND: 1038, 1038.1, 1038.2 11/06/18 AMEND: 3010, 3011, 3012, 3013, 3015 11/05/18 ADOPT: 29.11 10/30/18 ADOPT: 132.6 AMEND: 132.1, 132.2, 132.3 10/30/18 AMEND: 11600 10/29/18 AMEND: 17041, 17042, 17043, 17044, 17045, 17046 10/29/18 AMEND: 1038 10/16/18 AMEND: 890 10/16/18 AMEND: 1038 10/15/18 AMEND: 895, 895.1, 912.9, 932.9, 952.9 09/17/18 ADOPT: 18660.44, 18660.45, 18660.46 AMEND: 18660.5, 18660.6, 18660.7, 18660.8, 18660.9, 18660.10, 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19, 18660.20, 18660.21, 18660.22, 18660.24, 18660.25, 18660.30, 18660.31, 18660.32, 18660.33, 18660.35, 18660.36, 18660.37, 18660.39, 18660.41 REPEAL: 18660.23 09/06/18 AMEND: 1104.1 08/13/18 AMEND: 7.50 08/09/18 AMEND: 13055 07/30/18 ADOPT: 798 AMEND: 791, 791.6, 791.7, 792, 793, 794, 795, 796, 797 07/30/18 ADOPT: 820.02 07/30/18 ADOPT: 817.04 AMEND: 790 07/30/18 AMEND: 819, 819.01, 819.02, 819.03, 819.04, 819.05, 819.06, 819.07 07/19/18 AMEND: 3805.1 Title 15 11/14/18 ADOPT: 1350.5, 1352.5, 1354.5, 1358.5, 1408.5, 1418, 1437.5 AMEND: 1302, 1303, 1304, 1321, 1322, 1324, 1325, 1327, 1328, 1329, 1341, 1343, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1370, 1371, 1372, 1373, 1374, 1376, 1377, 1390, 1391, 1400, 1401, 1402, 1403, 1404, 1406, 1407, 1408, 1412, 1413, 1415, 1416, 1417, 1430, 1431, 1432, 1433, 1434, 1436, 1437, 1438, 1439, 1452, 1453, 1454, 1460, 1461, 1462, 1464, 1465, 1467, 1480, 1482, 1483, 1484, 1485, 1487, 1500, 1510, 1511 REPEAL 1378 11/13/18 ADOPT: 8200, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8209, 8210, 8211, 8212, 8213, 8214, 8215 AMEND: 8000, 8004.3, 8106, 8106.1 amended and renumbered as 8207, 8106.2 amended and renumbered as 8106, 8198 amended and renumbered as 8298, 8199 amended and renumbered as 8299 11/01/18 ADOPT: 3999.25 10/30/18 ADOPT: 3329.5 10/29/18 REPEAL: 3999.20 10/22/18 ADOPT: 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157 10/17/18 ADOPT: 3371.1 AMEND: 3043.7, 3044 REPEAL: 3371.1 10/08/18 AMEND: 3352.2, 3352.3, 3354, 3355.1 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 10/03/18 ADOPT: 3378.9, 3378.10 AMEND: 3000, 3023, 3043.8, 3044, 3084.9, 3269, 3335, 3337, 3341, 3341.2, 3341.3, 3341.5, 3341.6, 3341.8, 3341.9, 3375, 3375.1, 3375.2, 3376, 3376.1, 3378, 3378.1, 3378.2, 3378.3, 3378.4, 3378.5, 3378.6, 3378.7, 3378.8 REPEAL: 3334 09/13/18 AMEND: 1006, 1029, 1041, 1050, 1069, 1206 08/20/18 AMEND: 3294.5 08/13/18 AMEND: 3000, 3190, 3213 08/06/18 ADOPT: 3999.98, 3999.99, 3999.320 AMEND: 3355, 3087 renumbered as 3999.225, 3087.1 renumbered as

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2294 3999.226, 3087.2 renumbered as 3999.227, 3087.3 renumbered as 3999.228, 3087.4 renumbered as 3999.229, 3087.5 renumbered as 3999.230, 3087.6 renumbered as 3999.231, 3087.7 renumbered as 3999.232, 3087.8 renumbered as 3999.233, 3087.9 renumbered as 3999.234, 3087.10 renumbered as 3999.235, 3087.11 renumbered as 3999.236, 3087.12 renumbered as 3999.237, 3350 renumbered as 3999.200(a), 3350.1 renumbered as 3999.200(b), (c), and (d), 3350.2 renumbered as 3999.200(f), (g), and (h), 3351 renumbered as 3999.210, 3353 renumbered as 3999.202, 3353.1 renumbered as 3999.203, 3354.2 renumbered as 3999.206, 3356 renumbered as 3999.410, 3357 renumbered as 3999.440, 3358 renumbered as 3999.375, 3359 renumbered as 3999.411, 3359.8 renumbered as 3999.200(e) 08/01/18 AMEND: 3350, 3350.1 Title 16 12/05/18 AMEND: 1380.3, 1380.6, 1381, 1381.1, 1381.4, 1381.5, 1381.7, 1382, 1382.3, 1382.4, 1382.5, 1382.6, 1386, 1387.3, 1387.4, 1387.5, 1387.7, 1388, 1389.1, 1390.1, 1390.3, 1391.3, 1391.4, 1391.5, 1391.6, 1391.7, 1391.11, 1393, 1394, 1395, 1395.1, 1396.5, 1397, 1397.35, 1397.50, 1397.51, 1397.53, 1397.54, 1397.55, 1397.60, 1397.61, 1397.62, 1397.67, 1397.69, 1397.70 REPEAL: 1381.6, 1397.63, 1397.64, 1397.65, 1397.66, 1397.68, 1397.71 12/03/18 AMEND: 18 11/28/18 AMEND: 1399.514 11/20/18 AMEND: 2450 10/25/18 AMEND: 1300.1, 1300.2, 1300.4, 1355, 1355.1, 1355.3 REPEAL: 1333, 1333.1, 1333.2, 1333.3, 1362, 1362.1 10/16/18 AMEND: 2070, 2071 10/15/18 AMEND: 1417 10/08/18 ADOPT: 1423.1, 1423.2 AMEND: 1418, 1424, 1426, 1430 09/17/18 AMEND: 1735.2 09/13/18 ADOPT: 3353.1, 3353.2, 3354, 3355, 3357 AMEND: 3303, 3352, 3353, 3356, 3358, 3371 REPEAL: 3356.1, 3359, 3355 08/30/18 AMEND: 1399.573 08/29/18 AMEND: 1805.01, 1816, 1816.1, 1820, 1820.5, 1820.7, 1821, 1822, 1822.51, 1822.52, 1829.2, 1829.3, 1833, 1833.1, 1845, 1846, 1870, 1874, 1886 08/08/18 REPEAL: 1399.531, 1399.532 08/02/18 AMEND: 3340.17, 3340.41, 3340.45 08/01/18 AMEND: 2070, 2071 Title 17 10/10/18 AMEND: 35095 10/09/18 ADOPT: 40127, 40132, 40190, 40191, 40192, 40194, 40196 09/24/18 ADOPT: 2461.1 AMEND: 2450, 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, 2462, 2464, 93116.1, 93116.2, 93116.3, 93116.4 09/24/18 AMEND: 60201, 60205, 60210 09/05/18 ADOPT: 100650 08/29/18 AMEND: 60065.18, 60075.17 08/21/18 AMEND: 35083, 35087 07/24/18 AMEND: 100000 07/19/18 AMEND: 30305 07/19/18 AMEND: 6508 Title 18 12/17/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5626, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 11/20/18 AMEND: 25137−1, 17951−4

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 52-Z 2295 10/23/18 ADOPT: 35201 09/18/18 ADOPT: 23663−1, 23663−2, 23663−3, 23663−4, 23663−5 09/17/18 ADOPT: 35001, 35002, 35003, 35004, 35005, 35006, 35007, 35008, 35009, 35010, 35011, 35012, 35013, 35014, 35015, 35016, 35017, 35018, 35019, 35020, 35021, 35022, 35023, 35024, 35025, 35026, 35027, 35028, 35029, 35030, 35031, 35032, 35033, 35034, 35035, 35036, 35037, 35038, 35039, 35040, 35041, 35042, 35043, 35044, 35045, 35046, 35047, 35048, 35049, 35050, 35051, 35052, 35053, 35054, 35055, 35056, 35057, 35058, 35060, 35061, 35062, 35063, 35064, 35065, 35066, 35067, 35101 AMEND: 1032, 1124.1, 1249, 1336, 1422.1, 1705.1, 2251, 2303.1, 2433, 3022, 3302.1, 3502.1, 4106, 4703, 4903, 5200, 5202, 5210, 5211, 5212, 5212.5, 5213, 5214, 5216, 5217, 5218, 5219, 5220, 5220.4, 5220.6, 5221, 5222, 5222.4, 5222.6, 5223, 5224, 5225, 5226, 5227, 5228, 5229, 5230, 5231, 5231.5, 5232, 5233, 5234, 5234.5, 5235, 5236, 5237, 5238, 5240, 5241, 5242, 5244, 5245, 5246, 5247, 5248, 5249, 5249.4, 5249.6, 5260, 5261, 5262, 5263, 5264, 5265, 5266, 5267, 5268, 5700 REPEAL: 1807, 1828, 4508, 4609, 4700, 4701, 4702, 5201, 5210.5, 5215, 5215.4, 5215.6, 5232.4, 5232.8, 5239, 5243, 5250, 5255, 5256 09/10/18 ADOPT: 30100, 30101, 30102, 30201, 30202, 30203, 30204, 30205, 30301, 30302, 30303, 30304, 30305, 30401, 30402, 30403, 30501, 30502, 30601, 30602, 30603, 30604, 30605, 30606, 30701, 30702, 30703, 30704, 30705, 30707, 30708, 30709, 30710, 30711, 30800, 30801, 30802, 30803, 30804, 30805, 30806, 30807, 30808, 30809, 30810, 30811, 30812, 30813, 30814, 30815, 30816, 30817, 30818, 30819, 30820, 30821, 30822, 30823, 30824, 30825, 30826, 30827, 30828, 30829, 30830, 30831, 30832 08/28/18 AMEND: 2460, 2461, 2462 08/20/18 AMEND: 301 08/20/18 AMEND: 469 Title 19 11/30/18 ADOPT: 4010 Title 20 12/05/18 ADOPT: 1751, 1769.1, 1937, 1941, 1942, 2300 AMEND: 1201, 1209, 1211.5, 1211.7, 1212, 1231, 1232, 1232.5, 1233.1, 1233.2, 1233.3, 1233.4, 1234, 1240, 1704, 1706, 1708, 1709, 1710, 1714, 1714.3, 1714.5, 1720.2, 1745.5, 1748, 1768 (renumbered to 1749), 1769, 1936, 1940, 1943, 1944, 1945, 1946, 2308 (renumbered to 2300.1) REPEAL: 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2309 09/26/18 AMEND: 1601, 1602, 1602.1, 1603, 1604, 1605, 1605.1, 1605.2, 1605.3, 1606, 1607, 1608, 1609 07/19/18 AMEND: 1602, 1604, 1605.3, 1606, 1607 Title 22 12/19/18 AMEND: 66262.41 12/19/18 AMEND: 72329.2 12/13/18 ADOPT: 51002.5 AMEND: 51003.1 12/04/18 ADOPT: 69511.3 AMEND: 69511 12/04/18 AMEND: 20100.5 11/29/18 ADOPT: 96060, 96061, 96062, 96065, 96070, 96071, 96075, 96076, 96077, 96078, 96080, 96081, 96082, 96083, 96084, 96085, 96086, 96087 10/31/18 ADOPT: 66264.121, 66265.121, 66270.28 AMEND: 66264.90, 66264.110, 66265.90, 66265.110, 66270.1, 66270.14 10/31/18 AMEND: 97215, 97216, 97217, 97221, 9