California Regulatory Notice Register — Register 2020, No. 13-Z (March 27, 2020)
Cal. Reg. Notice Reg. 2020, No. 13
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 13−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 27, 2020 PROPOSED ACTION ON REGULATIONS TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan (CAARP) Simplified Manual of Rules and Rates — Notice File Number Z2020−0316−03 ...................................... 473 TITLE 10. DEPARTMENT OF INSURANCE Low Cost Automobile (LCA) Plans of Operations — Notice File Number Z2020−0316−02 .................... 476 TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications — Notice File Number Z2020−0316−01 ............................... 479 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Initiation of Process to Develop and Update Public Health Goals for Chemicals in Drinking Water ................................................. 481 (Continued on next page) Time- Dated Material
SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 481 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 2020, VOLUME NUMBER 13-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 10.
DEPARTMENT OF INSURANCE NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING REGARDING COMMERCIAL AUTOMOBILE INSURANCE PROCEDURE RATES FOR THE CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN REG−2020−00006 March 31, 2020 SUBJECT OF HEARING California’s Insurance Commissioner will hold a public hearing to consider the application of the Cali- fornia Automobile Assigned Risk Plan (“CAARP” or “Plan”) for approval of increased rates for the five com- mercial sub−lines for the Commercial Automobile In- surance Procedure (“CAIP”).
AUTHORITY AND REFERENCE TO ADOPT RATES The Commissioner will consider the application pur- suant to the authority vested in him by
Section 11620 of the California Insurance Code. The Commissioner’s decision on the application will implement, interpret, or make specific the requirements of Insurance Code Sec- tion 11624(e). Government Code §11340.9(
g) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the application at the following date, time, and place: Date: June 3, 2020 Time: 1 p.m. Place: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 The hearing will continue on the date noted above until all testimony has been submitted or until 5:00 p.m., whichever is earlier.
ACCESS TO HEARING ROOM The facilities to be used for the public hearing are ac- cessible to persons with mobility impairments. Persons with sight or hearing impairments are requested to noti- fy the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application prior to the public comment deadline.
Comments should be ad- dressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Rate Enforcement Bureau 45 Fremont Street, 21 st Floor San Francisco, CA 94105 riordanm@insurance.ca.gov Telephone: (415) 538−4226 Facsimile: (415) 904−5490 The backup agency contact person for this proceed- ing will be: Emily Gallagher, Attorney California Department of Insurance Rate Enforcement Bureau 45 Fremont Street 21 st Floor San Francisco, CA 94105 gallaghere@insurance.ca.gov Telephone: (415) 538−4108 All persons are invited to present oral and/or written testimony at the scheduled public hearing.
DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hearing, must be received by the Insurance Commissioner at the 473
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z address listed above no later than 5:00 p.m. on June 3, 2020. Any written materials received after that time will not be considered. Written comments may also be sub- mitted to the contact person by e−mail or facsimile transmission. Please select only one method to submit written comments.
ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con- sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regula- tions, Title 10, Sections 2662.1−2662.6 in connection with their participation in this matter. Interested persons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,
Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advisor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12 th Floor Los Angeles, CA 90013 Telephone: (213) 346−6635 A copy of the Petition to Participate must also be sub- mitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to California Insurance Code
Section 11624, the Commissioner establishes rates to be charged to those obtaining commercial automobile cov- erage through CAIP.
Section 11624 provides: “Premi- um charges for the plan shall not be excessive, inade- quate, nor unfairly discriminatory, and shall be actuari- ally sound so as to result in no subsidy of the plan.” Title 10, California Code of Regulations, §2498.5 references the commercial automobile rate manual, which is ap- proved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing referenced above to accept comments on CAARP’s recent rate ap- plication.
CAARP has proposed rate changes for five CAIP sub−lines, amounting to an overall average 25.4 percent rate increase. The five sub−lines are Trucks, Tractor and Trailers; Taxis, Limousines and Van Pools; All Buses Combined; Zone Rated Risks and Employers Non−Ownership Liability. Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regulations or statutes.
LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter- mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter- mined that the application will not result in any cost or significant savings to any local agency or school district for which
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code would require re- imbursement, or in other nondiscretionary costs or sav- ings to local agencies. COST OR SA VINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE CAARP is proposing overall rate increases for Trucks, Tractor and Trailers; Taxis, Limousines and Van Pools; All Buses Combined; Zone Rated Risks and Employers Non−Ownership Liability. Although the number of commercial auto applications placed by CAARP is small, the proposed rate changes could have a statewide economic impact directly affecting busi- nesses, including the ability of California businesses to 474
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z compete with businesses in other states. The proposed rate changes could also impact competition or competi- tiveness. The proposal could also affect the creation or elimination of jobs in California, the creation of new businesses, the elimination of existing businesses, or the expansion of businesses in California. However, California Insurance Code
section 11624(
e) requires that premium charges for the plan shall be actuarially sound so as to result in no subsidy of the plan by the vol- untary market. Therefore, if and to the extent that CAARP is able to demonstrate that certain existing rates are no longer actuarially sound and that rate in- creases are warranted, the Commissioner is required to approve increased rates. Of course, the Commissioner also recognizes that
section 11624(
e) requires that rates not be excessive, and the Commissioner will not ap- prove an increase that results in excessive rates. COST IMPACTS ON PRIV ATE PERSONS OR ENTITIES The Insurance Commissioner has determined that there could be potential cost impacts on businesses di- rectly affected by the proposed rate increases. Although the rate application involves commercial automobile insurance rates, to the extent a rate increase impacts business, it could also impact private persons employed by those businesses.
The rate increase could also impact private persons wishing to purchase goods or services from businesses if the price of goods or services is in- creased to cover the increased cost of insurance coverage. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter- mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of specif- ic technologies or equipment.
ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the atten- tion of the agency, would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.
TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in ad- dition to the Informative Digest included in this notice. The Initial Statement of Reasons, this Notice of Pro- posed Action and Text of Regulations are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Com- missioner and available for review as set forth below.
FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e−mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspec- tion and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s website.
ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or direct questions about CAARP’s application, the statement of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment, the rulemaking file is available for inspection at 45 Fremont Street, 21st Floor, San Francisco, California 94105, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest is being sent to all persons on the Insurance Com- missioner’s mailing list. 475
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z A V AILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published online and may be accessed through the Department’s website at www.insurance.ca.gov.
A V AILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.
DEPARTMENT OF INSURANCE REG−2020−00005 March 31, 2020 NOTICE OF PROPOSED ACTION AND NOTICE OF PUBLIC HEARING REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to consider an adjustment to rates for the California Low Cost Automobile Insurance program. Insurance Code
Section 11629.72(
c) provides that, annually, the California Automobile Assigned Risk Plan (“CAARP”) shall submit to the Commissioner a proposed Low Cost Automobile rate and surcharge
schedule for approval. Accordingly, CAARP submitted its 2020 rate recommendation, proposing an overall av- erage rate increase of 3.8%. The Commissioner will consider the current rates and CAARP’s rate proposal and hereby invites public input regarding CAARP’s proposal. Premium rates are specified in the program’s Plan of Operations, approved by the Commissioner. California Code of Regulations, Title 10,
Chapter 5,
Section 2498.6 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES Authority for the promulgation of rates is vested in the Insurance Commissioner pursuant to California In- surance Code Sections 11620, 11624, 11629.7, 11629.72, and 11629.79. Premium rates are referenced in
Section 27 and Exhibit E of the Programs Plan of Op- erations. The proposed regulation implements, inter- prets and makes specific Insurance Code Sections 11629.72 and 11629.79. Government Code
Section 11340.9(
g) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: June 3, 2020 1:00 p.m. Location: Department of Insurance Hearing Room 300 South Spring Street Los Angeles, CA 90013 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are ac- essible to persons with mobility impairments.
Persons ith sight or hearing impairments are requested to noti- y the contact person (listed below) for this hearing in rder to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to he Insurance Commissioner on the application prior to he public comment deadline.
Comments should be ad- ressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538−4226 Facsimile: (510) 238−7830 c w f o t t d 476
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z The backup agency contact person for this proceed- ing will be: Emily Gallagher, Attorney California Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 gallaghere@insurance.ca.gov Telephone: (415) 538−4108 All persons are invited to present oral and/or written testimony at the scheduled public hearing. DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hearing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on June 3, 2020.
Any written materials received after that time will not be considered. Written comments may also be sub- mitted to the contact person by e−mail or facsimile transmission. Please select only one method to submit written comments. ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con- sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regula- tions, Title 10, Sections 2662.1−2662.6 in connection with their participation in this matter.
Interested persons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,
Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advisor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12 th Floor Los Angeles, CA 90013 Telephone: (213) 346−6635 A copy of the Petition to Participate must also be sub- mitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 20−06 California Insurance Code Sections 11629.7 through 11629.85 establish, within the California Automobile Assigned Risk Plan, established under
Section 11620 of the Insurance Code, a statewide Low Cost Automobile Insurance Program. Because the program is established and administered through the CAARP, CAARP procedures are applied where appropriate and consistent with the low cost au- tomobile insurance statutes. Insurance Code Sections 11620 and 11624 require the Commissioner to hold a public hearing before amending assigned risk plan rates.
Section 11629.7 of the Insurance Code requires that, after a public hearing, the Commissioner shall approve or issue a reasonable plan for the equitable apportion- ment, among insurers, of eligible consumers. The plan also contains rules and rates. This plan, approved by the Commissioner, is referenced in Title 10,
Section 2498.6 of the California Code of Regulations. Under the program, the low−cost auto policy satisfies financial responsibility laws and provides coverage of $10,000 for liability for bodily injury or death to one person, subject to a cumulative limit of $20,000 for all persons in one accident, and $3,000 for liability for damage to property. In addition to eligibility and other requirements, the statute sets forth the annual premium rates. In certain cases, surcharges are added to the base rate. The statute also provides procedures for adjusting the rates. Insurance Code
Section 11629.72(
c) provides that, annually, CAARP shall submit to the Commissioner a proposed rate and surcharge for approval. Accordingly, CAARP has submitted a proposal to increase the cur- rent rate 3.8% for the liability policy. Further details ap- pear in the application on file with the Commissioner, which is available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regulations or statutes. LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter- mined that the application will not result in any new program mandates on local agencies or school districts. 477
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter- mined that the application will not result in any cost or significant savings to any local agency or school district for which
Part 7 (commencing with
Section 17500) of Division 4 of the Government Code would require re- imbursement, or in other nondiscretionary costs or sav- ings to local agencies. COST OR SA VINGS TO ANY STATE AGENCY; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide adverse economic impact directly affecting businesses, includ- ing the ability of California businesses to compete with businesses in other states. This proposal will have no ef- fect on the creation or elimination of jobs in California, the creation of new businesses, the elimination of exist- ing businesses in California, or the expansion of busi- nesses in California.
COST IMPACTS ON PRIV ATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter- mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter- mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of specif- ic technologies or equipment.
ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the atten- tion of the agency, would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.
TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in ad- dition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon re- quest to the contact person listed above. Further details on CAARP’s proposal are on file with the Commission- er and available for review as set forth below.
FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or e−mail request to the contact person listed above, the Final Statement of Reasons will be made available for inspec- tion and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s website.
ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or direct questions about CAARP’s application, the statement of reasons, and any supplemental information contained in the rulemaking file by contacting the contact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Harrison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Di- gest is being sent to all persons on the Insurance Com- missioner’s mailing list. 478
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z A V AILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published online and may be accessed through the Department’s website at www.insurance.ca.gov.
A V AILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest. A public hearing is not scheduled. Pursuant to Government Code
section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY MAY 11, 2020 Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−4547, by email to Veronica Wolfram, or by letter to: Commission on POST Attention: Veronica Wolfram 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code
Section 13503 (authority of the Com- mission on POST) and Penal Code
section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code
section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code § 13510 requires that POST develop guidelines and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforce- ment officers.
This proposed action will update the in- corporated by reference document, Training and Test- ing Specifications for Peace Officer Basic Courses (re- vised 4/1/2020). As part of an ongoing review of the Regular Basic Course content, POST staff and curriculum consultants review Learning Domain content to determine currency and job task relevancy. This process is facilitated by POST and attended by subject matter experts, academy directors, and coordinators. Some of the more signifi- cant outcomes of these workshops are recommenda- tions for updating and enhancing the basic courses.
Entry−level peace officers are expected to be compe- tent with a basic awareness of the intelligence system, terrorism threats, suspicious activity reporting process and the importance of critical infrastructure protection. Proposed changes were made to improve instruction- al sequencing of topical content and condense material under a domain title consistent with entry−level peace officer tasks related to emergency management and re- sponse.
Changes made to Learning Domains 26, 41, and 43 were to condense content into two more focused learning domains, remove duplicative information, re- move or update outdated information, and align the cur- riculum with guidelines and terms utilized by organiza- tions within the national industry (Department of Homeland Security [DHS], Federal Emergency Man- agement Agency [FEMA] e.g., state and local govern- ments, law enforcement, and other first responders). Hours were added to Learning Domain 32 to reflect the minimum hours required to complete the required ob- jectives and required learning activities.
To enhance student performance and retention, the Required Learning Activities were updated to reflect emerging training needs and enhance student knowl- edge in the subjects. The benefit anticipated by the proposed amendments to the regulations will be to update the Training and Testing Specifications for Peace Officer Basic Courses, which will increase the effectiveness of law enforce- ment standards for peace officers in preserving peace, protection of public health and safety, and welfare of California. 479
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z During the process of developing these regulations and amendments, POST has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing state regulations. All changes to curriculum begin with recommenda- tions from law enforcement practitioners or in some cases via legislative mandates. POST then facilitates meetings attended by curriculum advisors and subject matter experts who provide recommended changes to existing curriculum.
The completed work of all com- mittees is presented to the POST Commission for final review and adoption. Upon adoption of the proposed amendments, academies and course presenters will be required to teach and test the updated curriculum. The proposed effective date is October 1, 2020. DOCUMENT INCORPORATED BY REFERENCE Training and Testing Specifications for Peace Officer Basic Courses revised 04/01/2020.
ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.
If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency of- ficial designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.
ESTIMATE OF ECONOMIC IMPACT Fiscal Impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500−17630 re- quire reimbursement: None.
Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of Califor- nia businesses to compete with businesses in other states.
The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement, which does not impact California businesses, including small businesses. Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOV . CODE
SECTION 11346.3(
b) The adoption of the proposed amendments of regul- ations will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses or create or expand businesses in the State of California. The benefits of the proposed amendments to the regu- lations will be increased efficiency of the state of Cali- fornia in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace and protection of public health, safety, and welfare in California.
There would be no im- pact that would affect worker safety or the State’s envi- ronment.
CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law than the proposed action. 480
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Veronica Wolfram, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−3204. General ques- tions regarding the regulatory process may be directed to Katie Strickland at (916) 227−2802.
TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630. These documents are also located on the POST website at: https://post.ca.gov/Regulatory−Actions. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(
s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(
s) named above. GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT ANNOUNCEMENT OF PROCESS TO DEVELOP AND UPDATE PUBLIC HEALTH GOALS FOR CHEMICALS IN DRINKING WATER The Calderon−Sher California Safe Drinking Water Act of 1996 1 requires the Office of Environmental Health Hazard Assessment (OEHHA) to post a notice on its website when initiating the development or up- date of public health goals (PHGs) for contaminants in drinking water. PHGs are concentrations of chemicals in drinking water that are not anticipated to produce ad- 1 See Health and Safety Code
section 116365. verse health effects. PHGs are non−regulatory in nature but are to be used as the health basis to support Califor- nia’s primary drinking water standards (Maximum Contaminant Levels, or MCLs) established by the State Water Resources Control Board (SWRCB) for chemi- cals subject to regulation. This public notice announces the initiation of PHG development for 1,4−dioxane and an update of the PHG for n−nitrosodimethylamine. Development and update of PHGs for these chemi- cals are being initiated at the request of SWRCB.
OEHHA is requesting information on these contami- nants that could assist in conducting the risk assess- ments and in calculating the PHGs. OEHHA has also posted a notice on its website that provides a limited list of information the office has identified to date as rele- vant to the preparation of the PHGs. All information submitted to OEHHA in response to this request is considered public. Please do not submit proprietary information. In order to be considered dur- ing the PHG development or update process, OEHHA must receive information by Monday, April 27, 2020.
Electronic submission of information via OEHHA’s website (https://oehha.ca.gov/comments ) is encouraged. Information submitted in paper form may be mailed or delivered in person to the address below: Pesticide and Environmental Toxicology Branch Office of Environmental Health Hazard Assessment California Environmental Protection Agency P.O. Box 4010, MS−12B Sacramento, California 95812−4010 Attention: PHG Program If you have any questions, please contact Hermelinda Jimenez at (916) 324−7572 or email PHG.Program@ oehha.ca.gov.
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. 481
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z File# 2020−0131−01 BOARD OF FORESTRY AND FIRE PROTECTION Removal of Title 26 Toxics Regulations This action by the Board of Forestry and Fire Protec- tion removes regulations contained in title 26 of the Cal- ifornia Code of Regulations that are duplicative to or outdated versions of regulations contained in title 14.
Title 26 REPEAL: 14−1422, 14−1569, 14−1569.1, 14−1569.2, 14−1569.3, 14−1569.5, 14−1569.6 Filed 03/16/2020 Agency Contact: Eric Hedge (916) 653−9633 File# 2020−0311−01 BOARD OF GOVERNORS, CALIFORNIA COMMUNITY COLLEGES Extended Opportunity Program & Services (EOPS) The Board of Governors of the California Communi- ty Colleges submitted this action dealing with extended opportunity programs and services (EOPS) to OAL as a print only file. Pursuant to Education Code
section 70901.5, this action was filed with the Secretary of State by the Board on March 11, 2020, is exempt from the Administrative Procedure Act and OAL review, and was submitted to OAL only for the purpose of publish- ing the regulations in the California Code of Regulations. Title 5 AMEND: 56220 Filed 03/11/2020 Effective 04/10/2020 Agency Contact: Tanya Bosch (916) 445−1997 File# 2020−0311−02 BOARD OF GOVERNORS, CALIFORNIA COMMUNITY COLLEGES Noncredit Courses The Board of Governors of the California Communi- ty Colleges submitted this action dealing with noncredit courses to OAL as a print only file. Pursuant to Educa- tion Code
section 70901.5, this action was filed with the Secretary of State by the Board on March 11, 2020, is exempt from the Administrative Procedure Act and OAL review, and was submitted to OAL only for the purpose of publishing the regulations in the California Code of Regulations.
Title 5 AMEND: 55150, 55151, 55154, 55155, 58160 Filed 03/11/2020 Effective 04/10/2020 Agency Contact: Tanya Bosch (916) 445−1997 File# 2020−0205−01 CALIFORNIA HEALTH BENEFIT EXCHANGE Medi−Cal Managed Care Plan Enrollment Assistance This rulemaking action makes permanent the emer- gency regulations regarding the application processes to become a Certified Medi−Cal Managed Care Plan, or a Certified Medi−Cal Managed Care Plan Enroller, for purposes of providing health plan enrollment assistance to individuals and regarding fingerprinting and crimi- nal record checks of applicants.
The action also adopts regulations concerning training requirements, roles and responsibilities, conflicts of interest for certified plans and certified enrollers, and necessary
definitions, as well as provisions governing the suspension and revo- cation of certification of plans and enrollers. Title 10 ADOPT: 6900, 6901, 6902, 6903, 6904, 6905, 6906, 6907, 6908 Filed 03/12/2020 Effective 03/12/2020 Agency Contact: Faviola Ramirez−Adams (916) 228−8668 File# 2020−0219−05 CALIFORNIA HORSE RACING BOARD Authorized Medication During Workouts In this rulemaking action, the Board adopts a new regulation which prohibits administration of any local anesthetic or narcotic analgesic to any horse within 24 hours of a timed workout.
The regulation also prohibits any more than one non−steroidal anti−inflammatory drug in any test sample taken from a horse after it com- pletes a timed workout.
Title 4 ADOPT: 1868 Filed 03/16/2020 Effective 03/16/2020 Agency Contact: Harold Coburn (916) 263−6026 File# 2020−0310−01 DEPARTMENT OF FOOD AND AGRICULTURE Registration Application for Industrial Hemp, Criminal History Report In this emergency rulemaking, which is a resubmittal of OAL Matter No. 2020−0210−01E, the Department of Food and Agriculture is adopting timelines, defini- tions, and procedures for industrial hemp registration and program eligibility determination based on controlled−substance−related felony convictions.
Title 3 ADOPT: 4901, 4902 Filed 03/17/2020 Effective 03/17/2020 Agency Contact: Rachel Avila (916) 403−6813 482
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 13-Z File# 2020−0312−01 DEPARTMENT OF JUSTICE Department of Social Services bond form The Department of Justice submitted this action to file with the Secretary of State, pursuant to Government Code
section 11343.8, to adopt a Department of Social Services surety bond form titled “Surety Bond.” This surety bond form will be added to the list of Department of Justice approved surety bond forms in California Code of Regulations title 11,
section 25 under a new Ar- ticle 57,
Section 119.1. Title 11 ADOPT: 119.1 Filed 03/13/2020 Effective 03/13/2020 Agency Contact: Cara M. Porter (415) 510−3508 File# 2020−0303−02 EDUCATION AUDIT APPEALS PANEL Supplement to Audits of K−12 LEAs — FY 2019−20 This emergency action adopts the supplemental 2019−20 Guide for Annual Audits of K−12 Local Edu- cation Agencies and State Compliance Reporting. Title 5 AMEND: 19810 Filed 03/12/2020 Effective 03/12/2020 Agency Contact: Timothy E.
Morgan (916) 445−7745 File# 2020−0309−02 FISH AND GAME COMMISSION 2020 Recreational Purple Sea Urchin Emergency Rule In this emergency action, the Commission amends its regulation to temporarily remove the daily bag limit for purple sea urchin (PSU) in Caspar Cove, Mendocino County, so long as they are taken by hand or with manu- ally operated hand−held tools.
Title 14 AMEND: 29.06 Filed 03/17/2020 Effective 03/17/2020 Agency Contact: David Thesell (916) 654−9903 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of- fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 483