California Regulatory Notice Register — Register 2020, No. 29-Z
Cal. Reg. Notice Reg. 2020, No. 29
California Z Register
GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 29−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 17, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA EARTHQUAKE AUTHORITY Conflict−of−Interest Code — Notice File Number Z2020−0703−01 ...................................... 1001 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0707−02 ...................................... 1001 Adopt Multi−County: Riverfront Joint Powers Authority TITLE 2.
F AIR POLITICAL PRACTICES COMMISSION Enforcement Proceedings — Notice File Number Z2020−0707−03 ...................................... 1002 TITLE 5. COMMISSION ON TEACHER CREDENTIALING Teaching Permit for Statutory Leave — Notice File Number Z2020−0707−08 ............................. 1004 TITLE 5. COMMISSION ON TEACHER CREDENTIALING Theater and Dance Credentials — Notice File Number Z2020−0707−07 ................................. 1007 TITLE 10. DEPARTMENT OF INSURANCE Workers’ Compensation Classification/Ratings Rules — Notice File Number Z2020−0706−01 ................ 1010 TITLE 11.
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Regulation 1054 — Requirements for Course Budget — Notice File Number Z2020−0702−01 ................ 1020 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Regulation 1056 — Annual Recertification — Notice File Number Z2020−0702−02 ........................ 1022 TITLE 14. FISH AND GAME COMMISSION Simplification of Statewide Inland Fishing Regulations — Notice File Number Z2020−0707−01 .............. 1024 (Continued on next page) Time- Dated Material
TITLE 16. BOARD OF PHARMACY Automatic Refill Programs — Notice File Number Z2020−0703−02 ..................................... 1032 TITLE 16. VETERINARY MEDICAL BOARD Disciplinary Guidelines — Notice File Number Z2020−0707−04 ....................................... 1035 TITLE 16.
VETERINARY MEDICAL BOARD Drug Compounding — Notice File Number Z2020−0701−01 ........................................... 1039 GENERAL PUBLIC INTEREST OFFICE OF ADMINISTRATIVE LAW Notice of Issuance of Request for Proposals for Publication of the Official California Code of Regulations and the California Regulatory Notice Register ..................... 1042 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Updated Public Health Goal for DBCP ........................................................... 1042 RULEMAKING PETITION DECISION BOARD OF PAROLE HEARINGS Notice of Decision on Petition from Steven Ciotta Concerning Recall/Resentencing ........................ 1043
SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .......................................................... 1044 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 29-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CALIFORNIA EARTHQUAKE AUTHORITY NOTICE OF INTENTION TO AMEND THE CONFLICT−OF−INTEREST CODE OF THE CALIFORNIA EARTHQUAKE AUTHORITY NOTICE IS HEREBY GIVEN that the California Earthquake Authority, pursuant to the authority vested in it by
section 87306 of the Government Code, propos- es amendment to its conflict−of−interest code. A com- ment period has been established commencing on July 17, 2020 and closing on August 31, 2020. All inquiries should be directed to the contact listed below. The California Earthquake Authority proposes to amend its conflict−of−interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (
a) of
section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less bur- densome to affected persons.
Changes to the conflict−of−interest code include: ad- dition of the position of Chief Information Security Of- ficer, Research Specialist, Reinsurance and Risk Trans- fer Director, Accounting Administrator, Financial Ac- countant, Facilities Coordinator, Information Technol- ogy Manager, Insurance Education and Sales Support Director, Enterprise Risk Management Officer, renam- ing of the positions of Compliance Officer or Manager, Legislative Director or Manager, Attorney, Controller, Chief Information Officer; and removing of the posi- tion Data Processing Manager, as well as other techni- cal changes.
The proposed amendment and explanation of the reasons can be obtained from the agency’s con- tact. Any interested person may submit written comments relating to the proposed amendment by submitting them no later than August 31, 2020, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than August 16, 2020. The California Earthquake Authority has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.
Impose no costs on any local agency or school district that are required to be reimbursed under
Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Shannon McEuen California Earthquake Authority 801 K Street, Suite 1000 Sacramento, CA 95814 Telephone: (916) 661−5430 E−mail: SMcEuen@calquake.com 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 ADOPT MULTI−COUNTY: Riverfront Joint Powers Authority A written comment period has been established com- mencing on July 17, 2020 and closing on August 31, 2020.
Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 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 his 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 1001
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z 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 his 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 Director of the Commission, relative to review of the proposed conflict−of−interest code(s). Any written comments must be received no later than August 31, 2020. If a public hearing is to be held, oral comments may be pre- sented 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 Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. 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 Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2.
FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by
Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulations at a public hearing on or after August 20, 2020, at the of- fices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on August 18, 2020.
BACKGROUND/OVERVIEW Sections 83115, 83115.5 and 83116 address the Com- mission’s authority to generally investigate alleged vio- lations of the Act, find probable cause that a violation of the Act has occurred, and hold an administrative hear- ing to determine if a violation of the Act has occurred, respectively. Under
Section 83116, the APA is applica- ble to the enforcement proceedings, including the au- 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 1002
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z thority of the Commission to seek a default finding where no timely notice of defense is submitted. More- over, pursuant to
Section 84214, committees must ter- minate their filing obligation as required by Commis- sion regulations. Finally,
Section 83111 states that “[t]he Commission has primary responsibility for the impartial, effective administration and implementation of this title.”
Section 83112 provides that “[t]he commission may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this title, and to gov- ern procedures of the Commission.” The Commission has identified several areas of im- provement to multiple regulations governing enforce- ment matters including revised procedures and require- ments for probable cause proceedings, administrative hearings, briefing procedures associated with proposed decisions, and administrative terminations.
These rec- ommended improvements would modify existing regu- lations in accordance with governing statutes to pro- mote and facilitate compliance with, and enforcement of, the Act, while ensuring fairness and due process for persons subject to enforcement proceedings. In addi- tion to proposed substantive amendments to Regula- tions 18360, 18361.4, 18361.5, 18361.9, 18361.11 and 18404.2, the Commission also proposes numerous non−substantive changes intended to clarify existing regulations. REGULATORY ACTION Adopt 2 Cal. Code Regs.
Section 18360 — Enforcement Complaints The Commission will consider the adoption of pro- posed Regulation 18360 to reflect the application of its new Electronic Complaint System (“ECS”), as well as several technical changes to clarify and improve the ex- isting provisions.
At a minimum, the Commission may consider: A provision to post information available to the public with respect to complaints and referrals on the Commission website; and A provision allowing duplicate complaints or referrals submitted by the same complainant or filing officer to be rejected as well as complaints deemed by the Executive Director to address issues outside the jurisdiction of the Act. Repeal 2 Cal. Code Regs.
Section 18360 — Enforcement Complaints The Commission will consider repealing current Regulation 18360. Amend 2 Cal. Code Regs.
Section 18361.4 — Probable Cause Proceedings The Commission will consider amending Regulation 18361.4 to rearrange the regulatory provisions to corre- spond with the sequence of events that occur in a proba- ble cause proceeding; rephrase the existing probable cause standard; clarify and simplify filing deadlines, service requirements and scheduling procedures; and eliminate existing regulatory procedures and require- ments that, in practice, provide little or no benefit to the parties and make the process less efficient.
At a mini- mum, the Commission may consider: A provision amending the probable cause standard to a simpler more straightforward standard conspicuously located in new subdivision (a); A provision eliminating the requirement that the probable cause report contain “exculpatory and mitigating information and any other relevant material and arguments” because this information is not relevant to whether probable cause exists.
Any response would accordingly be limited to only law and evidence supporting the respondent’s position that the probable cause report fails to establish probable cause; A provision that eliminates the requirement that the Enforcement Division produce exculpatory or mitigating evidence at the probable cause stage and to produce only the evidence in the Enforcement Division’s possession that supports a finding of probable cause for each alleged violation of the Act; A provision requiring the Enforcement Division to send respondent a checklist form that explains all of the possible actions and associated deadlines available at the probable cause stage, and requests specified information from the respondent; A provision imposing a 75−day deadline, to begin when the Commission Assistant receives a request for a probable cause conference, for the conference to proceed subject to extension for good cause; and A provision that requires any respondent seeking witness testimony to submit a request to the Commission Assistant at least 7 days before the conference.
Amend 2 Cal. Code Regs.
Section 18361.5 — Administrative Hearings The Commission will consider amending Regulation 18361.5 to update, clarify and rearrange the regulatory provisions implementing the Commission’s authority under
Section 83116 to hold a hearing once it deter- mines there is probable cause to believe a violation of the Act has occurred. At a minimum, the Commission may consider: 1003
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z A provision requiring that the Commission must vote to have a hearing before the Commission itself rather than an administrative law judge alone; A provision adding factors to be considered by an administrative law judge and Commission in an order following the finding of a violation of the Act or a stipulated order following a negotiated settlement to include “comparable cases” and “sophistication of the respondent” while amending the existing factor in subdivision (d)(1) to eliminate the term “seriousness,” replacing it with a factor that takes into account the public harm or the type of violation. Amend 2 Cal. Code Regs.
Section 18361.9 — Briefing Procedure of Proposed Decision by an Administrative Law Judge; Reconsideration The Commission will consider amending Regulation 18361.9 to rearrange and clarify the existing provisions concerning briefing procedures by the parties prior to the Commission’s consideration of an administrative law judge’s proposed decision.
At a minimum, the Commission may consider: A provision eliminating the factor to be considered by the Enforcement Division in its opening brief concerning additional material evidence that could not, with reasonable diligence, have been discovered during the administrative hearing (subdivision (b)(1)(c)) as it is duplicative of the factor used in Petitions for Reconsideration in subdivision (c)(2)(A). A provision requiring the Executive Director to submit the briefs to the Commissioners “no later than 14 days after the Enforcement Division’s deadline to file a reply brief” rather than “in a timely fashion.” A provision expressly prohibiting oral argument by the parties and/or public comment concerning the ALJ’s proposed decision to be considered by the Commission in closed session.
Amend 2 Cal. Code Regs.
Section 18361.11 — Default Proceedings The Commission will consider changing the method in which default orders are served on respondents from certified mail to personal service. Amend 2 Cal. Code Regs.
Section 18404.2 — Administrative T ermination The Commission will consider amending Regulation 18404.2 to authorize the Chief of Enforcement to ad- ministratively terminate a recipient committee based on two additional grounds:
(1) The committee filed a Statement of Organization in error; and
(2) The Chief of the Enforcement Division obtains sufficient evidence to show the individual responsible for the committee is de- ceased or incapacitated. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program.
Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state entity or program. AUTHORITY
Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 82103, 83108, 83110, 83111, 83112, 83115, 83115.5, 83116, 84212 CONTACT Any inquiries should be made to Jack Woodside, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the−law/fppc− regulations/proposed−regulations−and−notices.html. TITLE 5. COMMISSION ON TEACHER CREDENTIALING
Section 80022 Teaching Permit for Statutory Leave NOTICE IS HEREBY GIVEN that the Commis- sion on Teacher Credentialing (Commission) proposes to amend Title 5 of the California Code of Regulations (CCR),
section 80022 to allow local education agencies 1004
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z (LEAs) to request a Teaching Permit for Statutory Leave (TPSL) to be used when a teacher of record is un- able to provide instructional services due to being placed on Military Leave or Administrative Leave. The Commission is issuing this notice to meet re- quirements set forth in Government Code
section 11346.5. PUBLIC HEARING No public hearing is scheduled for this proposal. However, a public hearing may be scheduled for this item if any interested party or his or her duly authorized representative submits in writing a request to hold a public hearing no later than 15 days prior to the close of the 45−day written comment period. (Gov. Code §11346.5(a)(17).) WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments by fax, through the mail, or by e−mail relevant to the proposed action.
The written comment period closes at mid- night on September 1, 2020. Comments must be received by that time. You may fax your response to (916) 322−0048; write to the Com- mission on Teacher Credentialing, attn. Thomas John- son, 1900 Capitol Avenue, Sacramento, California 95811; or submit an e−mail to Thomas Johnson (tjohnson@ctc.ca.gov) or Joshua Speaks (JSpeaks@ctc.ca.gov). INFORMA TIVE DIGEST/POLICY STATEMENT This rulemaking action proposes to amend Title 5 of the CCR
section 80022(f)(19) to allow LEAs to request a TPSL to be used when a teacher of record is unable to provide instructional services due to being placed on Military Leave or Administrative Leave. Background In February 2016, the Commission proposed regula- tions to create the TPSL in order to cover statutory leave assignments.
The purpose of the TPSL was to serve as an option for local educational agencies (LEAs) to use when faced with staffing classrooms when the teacher of record is out on extended leave, thereby allowing LEAs the benefit of not having to continually rotate Emergency 30−Day Substitute Teaching Permit hold- ers to cover these assignments. A public hearing was held in June 2016, and the Commission approved the proposed regulations to create the TPSL. The addition of §80022 to Title 5 of the CCR creating the TPSL was approved by the Office of Administrative Law and be- came effective on August 16, 2016.
Currently, the TPSL allows an individual to provide instructional services beyond the 20 or 30 day substitute teaching limit only when the teacher of record is out on one of the statutory leaves specified in regulations as shown in Table 1 below. Table 1: Type of Leave: Sick Leave — Length of Leave: As accumulated by teacher — Statutory Reference: Education Code
section 49978 Type of Leave: Differential Sick Leave — Length of Leave: 5 months — Statutory Reference: Education Code
section 44977. Type of Leave: Pregnancy Disability Leave Act — Length of Leave: 4 months — Statutory Reference: Government Code
section 12945 Type of Leave: Family and Medical Leave — Length of Leave: 12 workweeks — Statutory Reference: Government Code
section 12945 and Title 29, U.S. Code
section 2601 et seq. Type of Leave: California Family Rights Act — Length of Leave: 12 workweeks — Statutory Reference: Government Code
section 12945.2 Type of Leave: Industrial Accident and Illness Leave — Length of Leave: 60 days — Statutory Reference: Education Code
section 44984 Recently, stakeholder groups have voiced a desire to add new forms of statutory leave to §80022. Specifical- ly, stakeholders have requested that the TPSL be al- lowed to cover assignments resulting from teachers of record being placed on extended Military Leave or Ad- ministrative Leave. Currently, Military Leave and Administrative Leave are not recognized in §80022. Consequently, LEAs are faced with the challenge of covering assignments for teachers of record on extended Military Leave or Ad- ministrative Leave by continuously rotating through substitute teachers.
The proposed amendments to Title 5 of the CCR §80022 will expand the definition of statutory leave to allow LEAs to request a TPSL when a teacher of record is unable to provide instructional services due to being on extended Military Leave or Administrative Leave, as both of these leave types align with the purpose and intent of the permit as created by the Commission. Benefits of the Proposed Action: The Commission anticipates that the proposed amendments will benefit the welfare of students attend- ing public schools in the State of California by provid- ing schools with option to use a TPSL in situations 1005
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z where the teacher of record is placed on extended Mili- tary Leave or Administrative Leave for periods that ex- tend beyond the service limitation of the Emergency 30−Day Substitute Teaching Permit. The Commission also anticipates that the proposed regulations will result in an increase in the protection of public health and safe- ty, worker safety, or the environment, the prevention of social inequity, or an increase in openness and trans- parency in business. Inconsistency with Federal Regulations or Statutes: None. Consistency with Existing State Regulations: As required by Government Code
section 11346.5(a)(3)(D), the Commission has conducted an evaluation of these regulations and has determined that they are not inconsistent or incompatible with existing state regulations and has found that these are the only regulations concerning an LEA’s ability to cover as- signments when their teacher of record is placed on statutory leave. PLAIN ENGLISH REQUIREMENT Commission staff prepared the proposed regulations pursuant to the standard of clarity provided in Govern- ment Code
section 11349 and the plain English require- ments of Government Code sections 11342.580 and 11346.2, subdivision (a)(1). The proposed regulations are written to be easily understood by the persons that will use them.
DOCUMENTS INCORPORATED BY REFERENCE Teaching Permit for Statutory Leave, CL−902. (rev. 08/2016.): https://www.ctc.ca.gov/docs/default−source/leaflets/ cl902.pdf?sfvrsn=526b8c66_0 DOCUMENTS RELIED UPON IN PREPARING REGULATIONS February 11, 2016 Agenda Item 2A — Proposed Regulations for Teaching Permit for Statutory Leave [for document, send email to ArchiveRequest@ctc.ca. gov] Approval of February 2016 minutes [for document, send email to ArchiveRequest@ctc.ca.gov] April 2016 — Initial Statement of Reasons for TPSL [for document, send email to ArchiveRequest@ctc.ca. gov] April 19, 2016 Coded Correspondence 16−02: Pro- posed Addition and Amendments to Title 5 of the Cali- fornia Code of Regulations Pertaining to Teaching Per- mit for Statutory Leave (TPSL): https://www.ctc.ca. gov/docs/defaultsource/commission/coded/2016/ 1602.pdf?sfvrsn=1f7a6a31_0 August 16, 2016 Text Approved by the Office of Ad- ministrative Law and Filed with the Secretary of State [for document, send email to ArchiveRequest@ctc.ca. gov] August 23, 2016 Coded Correspondence 16−10: Ap- proved Addition and Amendment to Title 5 of the Cali- fornia Code of Regulations Pertaining to Teaching Per- mit for Statutory Leave (TPSL): https://www.ctc.ca. gov/docs/default−source/commission/coded/2016/ 1610.pdf DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial de- terminations: Mandate on local agencies and school districts: None.
Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 et seq.: None. Cost or savings to state agencies: None. Other non−discretionary cost or savings imposed up- on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The Commission 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. Effect on small business: There may be an effect on small business.
Effect on housing costs: None. Significant, statewide adverse impact directly affect- ing business, including the ability of California busi- nesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The commission 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. RESULTS OF THE ECONOMIC IMPACT ANALYSIS [Govt.
Code § 11346.5(a)(10).] The Commission concludes that it is 1) unlikely that the proposal will create any jobs within the State of Cal- ifornia; 2) unlikely that the proposal will eliminate any jobs within the State of California; 3) unlikely that the proposal will create any new businesses within the State of California; 4) unlikely that the proposal will elimi- 1006
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z nate any existing businesses within the State of Califor- nia; and 5) unlikely the proposal would cause the expan- sion of businesses currently doing business within the State of California; and 6) as stated above, the Commis- sion anticipates that the proposed amendments will benefit the welfare of students attending public schools in the State of California by providing schools with op- tion to use a TPSL in situations where the teacher of record is placed on extended Military Leave or Admin- istrative Leave for periods that extend beyond the ser- vice limitation of the Emergency 30−Day Substitute Teaching Permit.
The Commission also anticipates that the proposed regulations will result in an increase in the protection of public health and safety, worker safety, or the environment, the prevention of social inequity, or an increase in openness and transparency in business. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5(a)(13), the Commission must determine that no reasonable alternative considered by the Commis- sion or that has otherwise been identified and brought to the attention of the Commission would be more effec- tive in carrying out the purpose for which this 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 per- sons and equally effective in implementing the statuto- ry policy or other provisions of law.
The Commission invites interested parties to submit alternatives with respect to the proposed regulations during the written comment period. AUTHORITY AND REFERENCE Education Code
section 44255 authorizes the Com- mission to adopt these proposed regulation amend- ments. The proposed amendments implement, inter- pret, and make specific Education Code
section 80022 pertaining to the TPSL.
CONTACT PERSONS Inquiries concerning the proposed action may be di- rected to: Thomas Johnson Commission on Teacher Credentialing Certification Division 1900 Capitol Avenue Sacramento, CA 95811−4213 tjohnson@ctc.ca.gov The backup contact person for these inquiries is: Joshua Speaks Commission on Teacher Credentialing Certification Division 1900 Capitol Avenue Sacramento, CA 95811−4213 JSpeaks@ctc.ca.gov A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF REGULATIONS The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address.
As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Initial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons. Copies may be obtained by contacting Thomas Johnson at the address or telephone number provided above.
A V AILABILITY OF CHANGED OR MODIFIED TEXT If the Commission proposes to modify the actions hereby proposed, the modifications (other than non− substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. A V AILABILITY OF THE FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rule- making package, after the public hearing. Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Thomas Johnson via email at tjohnson@ctc.ca.gov.
A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tions can be accessed through the Commission’s web- site at www.ctc.ca.gov. TITLE 5. COMMISSION ON TEACHER CREDENTIALING The Commission on Teacher Credentialing proposes to amend the regulations described below in Title 5 of the California Code of Regulations pertaining to The- 1007
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z ater and Dance Credentials after considering all com- ments, objections, and recommendations regarding the proposed action.
SUMMARY The Commission on Teacher Credentialing (Com- mission) proposes amendments to Title 5 of the Califor- nia Code of Regulations (CCR), sections 80004, 80005, 80057.5, 80089.1, 80089.2, and 80089.3 to implement the new Theater and Dance credentials created by Sen- ate Bill (SB) 916 (Chapter 652, Statutes of 2016). NOTICE OF PUBLIC HEARING No public hearing has been scheduled for this propos- al.
However, the Commission 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 prior to the close of the com- ment period. The Commission approved the recom- mendation at the April 24, 2020 meeting to begin the rulemaking file for submission to the Office of Admin- istrative Law. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments by fax, through the mail, or by e−mail relevant to the proposed action.
The written comment period closes at midnight on September 1, 2020. Comments must be received by that time. You may fax your response to (916) 322−0048; write to the Commission on Teacher Cre- dentialing, attn. Joshua Speaks, 1900 Capitol Avenue, Sacramento, California 95811; or submit an e−mail to jspeaks@ctc.ca.gov. AUTHORITY AND REFERENCES Education Code (EC) sections 44225 and 44251.2 authorize the Commission to adopt these proposed reg- ulation amendments. The proposed amendments im- plement, interpret, and make specific EC
section 44257. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action proposes amendments to the CCR relating to Theater and Dance credentials and au- thorizations, as approved at the April 2020 meeting. The amendments include the creation of new theater and dance subject matter and supplemental authoriza- tions, and provisions stating that educators who receive their English and Physical Education (PE) credentials or authorizations prior to January 1, 2022 will continue to be authorized to teach theater and dance.
The amend- ments also make minor technical and clarifying changes to the CCR related to these topics. SB 916 was enacted into law on September 26, 2016. This bill amended Education Code (EC)
section 44257 to create Single Subject credentials in the areas of The- ater and Dance. Currently these subjects are subsumed content areas taught by holders of single subject creden- tials in English and PE, whose current preparation in- cludes theater and dance content. Additionally, existing Subject Matter Authorizations and Supplementary Au- thorizations in English and PE authorize instruction in Theater and Dance, respectively.
Subject Matter Au- thorizations and Supplementary Authorizations are documents that authorize an educator to teach subjects beyond the scope of their credential, based on course- work completed in the subject named in the authoriza- tion. SB 916 also explicitly states that English and PE credentials issued prior to the establishment of the new credentials shall still authorize the teaching of theater and dance respectively. In addition, EC
section 44251.2 states that “A credential, permit, certificate, or other document that is lawfully issued by the commission shall remain in force in accordance with the laws and regulations under which it was issued, and shall be ex- empt from new laws and regulations unless sections of this code are specifically amended to the contrary.” The regulations proposed in this rulemaking would add Theater and Dance credentials to the list of creden- tials authorized for departmentalized classes in
Section 80004. They would also authorize educators with Sin- gle Subject English and PE credentials issued prior to January 1, 2022 to continue providing instruction in theater and dance, respectively. Similar changes would be made to Sections 80057.5, 80089.2, and 80089.3 re- garding Supplementary and Subject Matter Authoriza- tions, creating new Theater and Dance authorizations while specifying that English and PE authorizations is- sued prior to January 1, 2022 would retain their current scope including the subjects of theater and dance.
Sec- tion 80005 would be amended to include Theater and Dance, and a list of their corresponding subsumed sub- jects, while removing theater and dance from the list of subjects subsumed by English and PE credentials. The regulations proposed in this rulemaking also make minor, technical changes. The regulations re- move the phrase “Languages other than English” and replace it with the phrase “World Languages” in
Section 80005 to reflect a change in terminology in EC
Section 44257, and remove the sunset date for the Supplemen- tary and Subject Matter Authorizations in Computer 1008
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Concepts and Applications from Sections 80057.5 and 80089.2. The sunset date, April 1, 2016, is long past and it is no longer possible to qualify for the Supplementary Authorization in Computer Concepts and Applications. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates that the proposed amendments will help to clarify and implement the statutory changes adopted by the Legislature, which were intended to increase opportunities for experienced theater and dance professionals to enter the California teaching workforce.
The changes promote clarity by implementing these new and highly anticipated creden- tials and authorizations. The Commission also antici- pates that the proposed amendments will benefit stu- dents attending public schools in the State of California and their families by assuring well−prepared and spe- cialized theater and dance teachers. The Commission does not anticipate that the pro- posed regulations will result in an increase in the protec- tion of public health and safety, worker safety, or the en- vironment, the prevention of social inequity, or an in- crease in openness and transparency in business.
EV ALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission has conducted a review to identify any regulations that would relate to, or affect, this area and has determined that this proposed regulation is not inconsistent or incompatible with existing regulations. These are the only regulations concerning the autho- rization of educators to teach theater and dance in California. DISCLOSURES REGARDING PROPOSED ACTIONS The Commission has made the following initial determinations: Mandate to local agencies or school districts: None. Cost to local agencies or school districts: None.
Cost or savings to any state agency: None. Other non−discretionary costs or savings imposed upon local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Significant statewide adverse economic impact di- rectly affecting businesses including the ability of Cali- fornia businesses to compete with businesses in other states: None. These proposed regulations will not impose a man- date on local agencies or school districts that must be re- imbursed in accordance with
Part 7 (commencing with
section 17500) of the Government Code. Cost impacts on a representative private person or business: The Commission 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. Statement of the Results of the Economic Impact As- sessment [Govt.
Code § 11346.5(a)(10)]: The Com- mission concludes that it is 1) unlikely that the proposal will create any jobs within the State of California; 2) un- likely that the proposal will eliminate any jobs within the State of California; 3) unlikely that the proposal will create any new businesses within the State of Califor- nia; 4) unlikely that the proposal will eliminate any ex- isting businesses within the State of California; and 5) unlikely the proposal would cause the expansion of businesses currently doing business within the State of California; and 6) as stated above would benefit Cali- fornia schools by increasing opportunities for experi- enced theater and dance professionals to enter the Cali- fornia teaching workforce and benefit students attend- ing public schools in the State of California and their families by assuring well−prepared and specialized the- ater and dance teachers.
Effect on small businesses: The proposed regulations will not have a significant adverse economic impact up- on business. The proposed regulations apply only to in- dividuals seeking a credential or authorization to teach theater or dance in California public schools. CONSIDERATION OF ALTERNATIVES In accordance with Government Code
section 11346.5, subdivision (a)(13), the Commission must de- termine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.
SOURCES June 2016 Commission agenda item 6B — Analysis of Bills [for document, send email to ArchiveRequest@ctc.ca.gov] Approval of the June 2016 minutes [for document, send email to ArchiveRequest@ctc.ca.gov] September 2019 Commission agenda item 5A — Draft Subject Matter Requirements and Draft Teaching 1009
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Performance Expectations for the New Single Subject Theater and Dance Credentials: https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2019−09/2019−09−5a.pdf Approval of the September 2019 minutes: https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2020−01/2020−01−1a.pdf November 2019 Commission agenda item 3H — Proposed Blueprint for the New California Subject Examinations for Teachers (CSET) Single Subject Examinations for Theater and Dance: https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2019−11/2019−11−3h.pdf Approval of the November 2019 minutes: https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2020−01/2020−01−1a.pdf April 2020 Commission agenda item 6A — https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2020−04/2020−04−6a.pdf Approval of the April 2020 minutes: https://www.ctc.ca.gov/docs/default−source/ commission/agendas/2020−06/2020−06−1a.pdf CONTACT INFORMATION General or substantive inquiries concerning the pro- posed action may be directed to Joshua Speaks by tele- phone at (916) 327−5339, Commission on Teacher Cre- dentialing, 1900 Capitol Avenue, Sacramento, CA 95811.
The alternate contact is Thomas Johnson, via email at tjohnson@ctc.ca.gov. General question in- quiries may also be directed to the address mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the initial statement of reasons will be made available. This information is also available on the Commission’s website at www.ctc.ca.gov. In addition, all the information on which this proposal is based is available for inspection and copying.
A V AILABILITY OF THE RULEMAKING FILE The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Initial Statement of Reasons, and an economic impact assess- ment/analysis contained in the Initial Statement of Rea- sons. Copies may be obtained by contacting Joshua Speaks at the address or telephone number provided above.
MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non− substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. A V AILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rule- making package, after the public hearing. Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Joshua Speaks via email at jspeaks@ctc.ca.gov.
A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tions can be accessed through the Commission’s web- site at https://www.ctc.ca.gov/commission/notices/ rulemaking. TITLE 10. DEPARTMENT OF INSURANCE JANUARY 1, 2021 WORKERS’ COMPENSATION INSURANCE RATING RULES FILING File No. REG−2020−00013 SUBJECT OF PROPOSED RULEMAKING Notice is given that a public hearing will be held in response to a filing by the Workers’ Compensation Insurance Rating Bureau of California (“WCIRB”), submitted on June 25, 2020.
The WCIRB proposes amendments to the Insurance Commissioner’s Regulations pertaining to the Classification of Risks, Recording and Reporting of Data, Statistical Reporting and Experience Rating to be effective January 1, 2021, as follows: Approval of proposed amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statistical agent. Approval of proposed amendments to the Miscellaneous Regulations for the Recording and 1010
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Reporting of Data — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statistical agent. Approval of proposed amendments to the California Workers’ Compensation Experience Rating Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statistical agent.
HEARING Public Hearing Date and Location A public hearing will be conducted to permit all inter- ested persons the opportunity to present statements or arguments, verbally or in writing, with respect to the matters proposed in the WCIRB’s filing, at the follow- ing date, time and place: July 29, 2020 — 10:00 a.m. California Department of Insurance TELEPHONIC PARTICIPATION ONLY TOLL−FREE TELEPHONE NUMBER: 877−336−4440 Access Code: 6027188 Participants will be given instructions on how to provide testimony once they have accessed the hear- ing.
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 Telephonic Conference Call This hearing will be open to the public.
To make it possible for the Department to advise attendees of fu- ture rulemaking activity, as well as to aid the Depart- ment of Insurance in managing attendance, we request that you voluntarily RSVP as soon as possible, prefer- ably by 5:00 p.m. on Monday, July 27th, 2020, by pro- viding your name(s), the name of the organization you represent, and your contact information, including email address of each attendee to brentley.yim@ insurance.ca.gov. An RSVP is not required to attend the telephonic conference and all attendees are invited to participate regardless of whether there was an RSVP.
The telephonic conference to be used for the public hearing is accessible to persons with mobility impair- ment. Persons with sight or hearing impairments are re- quested to notify the contact person for these hearings (listed below) in order to make specific arrangements, if necessary. WRITTEN COMMENT PERIOD Presentation of Written or Oral Comments; Contact Persons All persons are invited to submit written comments on the proposed regulations during the public comment period. The public comment period will end at 5:00 p.m. on Wednesday, July 29, 2020.
Please direct all written comments to the following contact person: Brentley Yim, Attorney California Department of Insurance 1901 Harrison St., 4 th Floor Oakland, CA 94612 Telephone: (415) 538−4113 brentley.yim@insurance.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.
If he is unavailable, inquiries may be addressed to the following backup contact person: Patricia Hein, Attorney California Department of Insurance 1901 Harrison St., 6 th Floor Oakland, CA 94612 Telephone: (415) 538−4430 patricia.hein@insurance.ca.gov Please note that under the California Public Records Act (Government Code
Section 6250, et seq.), your written and oral comments, and associated contact in- formation (e.g., your address, phone number, e−mail, etc.) become part of the public record and can be re- leased to the public upon request. Deadline for Written Comments All written materials must be received by the Insur- ance Commissioner, addressed to the contact person at the address listed above, no later than 5:00 p.m. on Wednesday, July 29, 2020. Any written materials re- ceived after that time may not be considered.
Comments Transmitted by E−Mail or Facsimile The Commissioner will accept written comments transmitted by e−mail provided they are sent to the fol- lowing e−mail address: brentley.yim@insurance.ca. gov. The Commissioner will also accept written com- ments transmitted by facsimile provided they are direct- ed to the attention of Brentley Yim and sent to the fol- lowing facsimile number: (415) 904−5490. Comments sent to e−mail addresses or facsimile numbers other than those designated in this notice will not be ac- cepted.
Comments sent by e−mail or facsimile are subject to the deadline set forth above for written comments. 1011
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z PROCEEDINGS NOT SUBJECT TO ADMINISTRATIVE PROCEDURE ACT The regulations contained in the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, the Miscellaneous Regulations for the Recording and Reporting of Data−1995, and the California Work- ers’ Compensation Experience Rating Plan — 1995 pertain to the establishment of workers’ compensation insurance rates. Government Code
Section 11340.9(
g) states that the Administrative Procedure Act [Chapter 3.5 of the Government Code] shall not apply to regula- tions that establish or fix rates, prices, or tariffs, and the Office of Administrative Law has determined that these regulations are excluded from the requirements of the Administrative Procedure Act. This Notice and any accompanying documents are being offered by the Commissioner to obtain written public comment before the Commissioner determines whether to approve the amendments to these regula- tions. The Commissioner shall issue an Order regarding his determination pursuant to Insurance Code
Section 11734. AUTHORITY AND REFERENCE Uniform Plans and Regulations The workers’ compensation classification of risks and statistical reporting rules are set forth in Title 10, California Code of Regulations,
Section 2318.6. The miscellaneous regulations for the recording and report- ing of data are set forth in Title 10, California Code of Regulations,
Section 2354. The workers’ compensation experience rating regulations are set forth in Title 10, California Code of Regulations,
Section 2353.1. These regulations are promulgated by the Insurance Commis- sioner pursuant to the authority granted by Insurance Code
Section 11734. INFORMATIVE DIGEST Pursuant to Insurance Code Sections 11734 and 11751.5, the Insurance Commissioner has designated the WCIRB as his statistical agent. As the designated statistical agent, the WCIRB collects insurer data and recommends revisions to the California Workers’ Com- pensation Uniform Statistical Reporting Plan — 1995; the Miscellaneous Regulations for the Recording and Reporting of Data−1995; and the California Workers’ Compensation Experience Rating Plan — 1995 for ap- proval.
Adherence to the regulations contained in the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, the Miscellaneous Regulations for the Recording and Reporting of Data−1995, and the California Workers’ Compensation Experience Rating Plan — 1995 is mandatory for insurers. However, In- surance Code
Section 11734 provides that an insurer may develop its own classification system if it is filed with the Insurance Commissioner 30 days prior to its use and is not disapproved by the Insurance Commis- sioner for failure to demonstrate that the data produced by the insurer’s classification system can be reported consistently with the California Workers’ Compensa- tion Uniform Statistical Reporting Plan — 1995 or the standard classification system developed by the WCIRB and approved by the Insurance Commissioner.
The amendments to the California Workers’ Com- pensation Uniform Statistical Reporting Plan — 1995, the Miscellaneous Regulations for the Recording and Reporting of Data−1995, and the California Workers’ Compensation Experience Rating Plan — 1995 are summarized below. Amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, Title 10, California Code of Regulations,
Section 2318.6, Effective January 1, 2021 1. Amend
Part 1, General Provisions ,
Section I, Introduction, Rule 1, Purpose, to reflect that policy information must be reported electronically to the WCIRB. 2. Amend
Part 1,
Section I, Rule 3, Effective Date, to show that the effective date of the amended Uniform Statistical Reporting Plan is 12:01 a.m., January 1, 2021. 3. Amend
Part 1,
Section III, Submission of Information, Rule 1, Reporting Information, to remove requirements relating to hard copy submission of policy documents. 4. Amend
Part 2, Policy Reporting Requirements ,
Section I, General Instructions, to (1) remove requirements relating to hard copy submission of policy documents; (2) eliminate electronic policy reporting requirements; (3) change policy information reporting timeframes from 60 to 30 days and (4) for clarity and consistency with other proposed changes. 5. Amend
Part 2,
Section II, Policy Period, to (1) remove outdated language regarding continuing form policies and (2) for clarity and consistency with other proposed changes. 6. Amend
Part 2,
Section III, Additional Electronic Reporting Requirements , to reflect current electronic policy reporting requirements and for clarity and consistency with other proposed changes. 1012
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z 7. Amend
Part 3, Standard Classification System,
Section II, Classification Terminology, Rule 14, Miscellaneous Employee(s), to establish Rule 22 to define “Premium Portion of Overtime Pay” and for consistency with other proposed changes. 8. Amend
Part 3,
Section III, General Classification Procedures, Rule 4, Standard Exceptions, to include Classification 8871, Clerical Telecommuter Employees, as a Standard Exception classification applicable to Clerical Office Employees who work more than 50% of their time at their home or other office space away from any location of their employer and for consistency with other proposed changes. 9. Amend
Part 3,
Section IV , Special Industry Classification Procedures, Rule 2, Construction or Erection Work , to clarify the procedures for calculating the regular hourly wage for (1) salaried employees and (2) when the annual minimum remuneration requirements in
Section V , Rule 1, Payroll — Remuneration, Subrules j, k, l and m, are applied. 10. Amend
Part 3,
Section IV , Rule 4, Farms, to (1) update the definition of “farm” for classification purposes, (2) clarify the rule regarding miscellaneous employees and how they should be classified when both farm and non−farm classifications apply to an employer, (3) remove duplicative directives and (4) reorganize and clarify directives regarding payroll and operations to be included and excluded from farm classifications. 11. Amend
Part 3,
Section V , Payroll — Remuneration, Rule 1, Payroll — Remuneration, to clarify the definition of Payroll — Remuneration; Subrule c, Overtime Remuneration, to (1) clarify the rule, (2) incorporate the term “Premium Portion of Overtime Pay”, (3) remove Examples 3 and 4, and instead reference the Department of Industrial Relations’ examples for piecework and commission overtime pay for clarity and consistency with California wage and hour laws and (4) for consistency with other proposed changes; and Subrule e, Severance Pay, to clarify that severance pay is only excludable from remuneration when it is paid due to the termination of the employment relationship and that retention bonuses and similar payments that incentivize employees to remain employed for a period of time are included as payroll. 12.
Amend
Part 3,
Section VII, Standard Classifications, Rule 2, Standard Classifications, as follows: Amend Classification 9549, Advertising Companies, to revise the footnote assigning the display of hand−held advertisement signs and walking billboards (human sign holders) to Classification 8742, Salespersons — Outside, to indicate that the assignment of 8742 is subject to the rules set forth in
Section III, Rule 4, Standard Exceptions. Amend Classification 9016(1), Amusement or Recreational Facilities — N.O.C. — all employees other than those engaged in the operation or maintenance of amusement devices, restaurants or retail stores , to remove the footnote assigning pari−mutuel employees to Classification 8810, Clerical Office Employees, as pari−mutuel employees working at 9016(1) operations are assignable to 9016(1) and to clarify its intended application. Amend Classification 1463(1), Asphalt Works, to provide direction as to how related operations should be classified. Amend Classification 9182, Athletic Teams or Athletic Facilities — all employees other than players, umpires, referees and game officials, to revise the footnote assigning athletic scouts to Classification 8742, Salespersons — Outside, to indicate that the assignment of 8742 is subject to the rules set forth in
Section III, Rule 4, Standard Exceptions. Amend Classification 7607(2), Audio Post−Production, to include Clerical Telecommuter Employees. Amend Classification 8803, Auditing, Accounting or Management Consulting Services, to include Clerical Telecommuter Employees. Amend Classification 8391, Automobile or Truck Dealers — all employees other than vehicle salespersons, which is part of the Automotive Industry Group, to provide direction as to how related operations should be classified and for clarity. Amend Classification 8748, Automobile or Truck Dealers — vehicle salespersons, which is part of the Automotive Industry Group, to clarify its intended application and provide 1013
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z direction as to how related operations should be classified. Amend Classification 8808, Banks, to include Clerical Telecommuter Employees. Amend Classification 9048(2), Boy and Girl Scout Councils — all camp operations , to provide direction as to how related operations should be classified and for clarity. Amend Classification 2812, Cabinet Mfg., for consistency with other proposed changes. Amend Classification 5146(1), Cabinet or Fixtures, which is part of the Construction and Erection Industry Group, to clarify its intended application. Amend Classification 9048(1), Camps — recreational or educational, for clarity. Amend Classification 9185, Carnivals or Circuses, to include Clerical Telecommuter Employees. Amend Classifications 5403/5432, Carpentry, which are part of the Construction and Erection Industry Group, to clarify the intended application and for consistency with other proposed changes. Amend Classification 2402, Carpet or Rug Mfg., for consistency with other proposed changes. Amend Classification 5020, Ceiling Installation, which is part of the Construction and Erection Industry Group, to clarify its intended application and for consistency with other proposed changes. Amend Classification 9220(1), Cemetery Operation, to include cemetery plot or mausoleum sales counselors at the cemetery location. Amend Classification 8850, Check Cashers, to include Clerical Telecommuter Employees. Amend Classification 9015(4), Churches, Temples, Mosques and Synagogues — all employees other than clergy, professional assistants, organists, members of choir or Clerical Office Employees, to exclude Clerical Telecommuter Employees. Amend Classification 8840, Churches, Temples, Mosques and Synagogues — clergy, professional assistants, organists or members of choir , to include Clerical Telecommuter Employees. Amend Classification 4000(2), Clay Digging, to clarify its intended application and provide direction as to how related operations should be classified and for clarity. Amend Classification 8810, Clerical Office Employees, to direct that Clerical Office Employees who work more than 50% of their time at their home or other office space away from any location of their employer shall be classified as 8871, Clerical Telecommuter Employees. Establish Classification 8871, Clerical Telecommuter Employees — N.O.C., as a Standard Exception classification applicable to Clerical Office Employees who work more than 50% of their time at their home or other office space away from any location of their employer. Amend Classification 2501(1), Clothing Mfg., for consistency with other proposed changes. Amend Classification 9069, Clubs — gaming, to include a footnote directing that this classification applies to off−track betting facilities and includes pari−mutuel wagering operations provided to horse racing tracks and other horse race betting venues on a contract basis. Amend Classification 8868, Colleges or Schools — private — not automobile schools — professors, teachers or academic professional employees , to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 8859(1), Computer Programming or Software Development, to include Clerical Telecommuter Employees. Amend Classification 5606, Contractors — construction or erection — executive level supervisors, which is part of the Construction and Erection Industry Group, to revise the footnote assigning employees whose non−clerical duties are confined to visiting job sites for pre−construction estimating to Classification 8742, Salespersons — Outside, to indicate that the assignment is subject to the rules set forth in
Section III, Rule 4, Standard Exceptions. Eliminate Classification 2211(1), Cotton Batting, W adding or Waste Mfg., because it is no longer statistically credible and reassign 1014
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z the operations described by this classification to Classification 2222, Spinning or Weaving. Amend Classification 0401, Cotton Gin Operation, for consistency with other proposed changes. Amend Classification 8801, Credit Unions, to include Clerical Telecommuter Employees. Amend Classification 9220(2), Crematory Operation, to include cemetery plot or mausoleum sales counselors at the crematory location. Amend Classification 9059, Day Care Centers — child, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 9529(2), Decorating, to remove the footnote assigning interior decorators and designers who do not install or place furnishings to Classification 8742, Salespersons — Outside, as this is not a definitive assignment and must be based on the actual duties performed by each decorator or designer. Amend Classification 5107, Door, Door Frame or Pre−Glazed Window Installation, which is part of the Construction and Erection Industry Group, for consistency with other proposed changes. Amend Classification 3060(2), Door or Window Frame Mfg. , for consistency with other proposed changes. Amend Classification 3060(1), Door or Window Mfg. — metal or plastic, for consistency with other proposed changes. Amend Classification 3060(3), Door or Window Mfg. — screen, to clarify its intended application. Amend Classification 3570, Electric Appliance Mfg., to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 7539, Electric Power Companies, to include meter reading activities. Amend Classification 3681(1), Instrument Mfg., which is part of the Electronics Industry Group, to provide direction as to how related operations should be classified. Amend Classification 8601(1), Engineers, to include Clerical Telecommuter Employees. Amend Classification 0050, Farm Machinery Operation , to move this classification to the Farms Industry Group. Eliminate Classification 2211(3), Felting Mfg., because it is no longer statistically credible and reassign the operations described by this classification to Classification 2222, Spinning or Weaving. Amend Classification 0035, Florists, to move this classification to the Farms Industry Group and clarify its intended application. Amend Classification 8601(4), Forest Engineers, to include Clerical Telecommuter Employees. Amend Classification 3110(1), Forging Works, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 3175, Furnace or Heater Mfg., to provide direction as to how related operations should be classified. Amend Classification 8293(2), Furniture Moving, for consistency with other proposed changes. Amend Classification 7500, Gas Works, to include meter reading activities. Amend Classification 4130, Glass Merchants, to clarify its intended application and for consistency with other proposed changes. Amend Classifications 5467/5470, Glaziers, which are part of the Construction and Erection Industry Group, for consistency with other proposed changes. Amend Classification 5436, Hardwood Floor Laying, which is part of the Construction and Erection Industry Group, to provide direction as to how related operations should be classified. Amend Classification 8839, Dentists and Dental Surgeons, which is part of the Health and Human Services Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8827(1), Home Care Services, which is part of the Health and Human Services Industry Group, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 9043, Hospitals, which is part of the Health and Human 1015
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Services Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8827(2), Nursing Care, which is part of the Health and Human Services Industry Group, for clarity. Amend Classification 8834, Physicians’ Practices and Outpatient Clinics , which is part of the Health and Human Services Industry Group, to include Clerical Telecommuter Employees and clarify its intended application. Amend Classification 9085, Residential Care Facilities for Children, which is part of the Health and Human Services Industry Group, for clarity. Amend Classification 9521(1), House Furnishings, to provide direction as to how related operations should be classified and for consistency with other proposed changes. Amend Classification 9519(1), Household Appliances, to provide direction as to how related operations should be classified. Amend Classification 8720(1), Inspection for Insurance, Safety or Valuation Purposes, to revise the footnotes assigning property appraisers and insurance claims or insurance fraud investigation companies that exclusively perform investigations that do not require surveillance of persons without their knowledge to Classification 8742, Salespersons — Outside, or Classification 8810, Clerical Office Employees, to indicate that the assignment of 8742 or 8810 is subject to the rules set forth in
Section III, Rule 4, Standard Exceptions. Amend Classification 8822, Insurance Companies, to include Clerical Telecommuter Employees. Amend Classification 8859(2), Internet or Web−Based Application Development or Operation, to include Clerical Telecommuter Employees. Amend Classification 2362, Knitting, for consistency with other proposed changes. Amend Classification 8755, Labor Unions, to remove the footnote assigning Clerical Office Employees to Classification 8810, Clerical Office Employees, as it is duplicative of general classification procedures and not unique to this classification. Amend Classification 8821, Law Firm Support Services, to include Clerical Telecommuter Employees. Amend Classification 8820, Law Firms, to include Clerical Telecommuter Employees. Amend Classification 9015(5), Libraries — private — all employees other than librarians, professional assistants or Clerical Office Employees, to exclude Clerical Telecommuter Employees. Amend Classification 8811, Libraries — private — librarians or professional assistants, to include Clerical Telecommuter Employees. Amend Classification 3560(1), Machinery Mfg. — commercial food processing equipment, to clarify its intended application. Amend Classification 3560(2), Machinery Mfg. — industrial, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 3560(3), Machinery Mfg. — material handling equipment , to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 3501(1), Machinery Mfg. — portable tools, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 3507, Machinery or Equipment Mfg., to provide direction as to how related operations should be classified. Amend Classification 8800, Mailing or Addressing Companies, to include Clerical Telecommuter Employees. Amend Classification 3724(1), Millwright Work, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 2797(1), Mobile, Modular or Manufactured Home or Building Mfg., to clarify its intended application. Amend Classification 8749, Mortgage Bankers, to include Clerical Telecommuter Employees. Amend Classification 8743, Mortgage Brokers, to include Clerical Telecommuter Employees. Amend Classification 9033, Housing Authorities, which is part of the Municipal, State or Other Public Agencies Industry Group, to assign employees engaged exclusively in determining the eligibility of properties owned and operated by separate parties for rental subsidies to Classification 1016
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z 9410, Municipal, State or Other Public Agency Employees, instead of Classification 8742, Salespersons — Outside. Amend Classification 8830, Institutional Employees, which is part of the Municipal, State or Other Public Agencies Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8812, Libraries — public, which is part of the Municipal, State or Other Public Agencies Industry Group, to include Clerical Telecommuter Employees. Amend Classification 9410, Municipal, State or Other Public Agency Employees — not engaged in manual labor, or direct supervision of construction or erection work, which is part of the Municipal, State or Other Public Agencies Industry Group, to include employees engaged in determining the eligibility of properties owned and operated by separate parties for rental subsidies. Amend Classification 8875(1), Public Colleges or Schools, which is part of the Municipal, State or Other Public Agencies Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8875(2), Superintendent of Public Schools Office , which is part of the Municipal, State or Other Public Agencies Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8838, Museums, to include Clerical Telecommuter Employees and clarify its intended application. Amend Classification 0005, Nurseries, to move this classification to the Farms Industry Group and clarify its intended application. Amend Classification 8601(2), Oil or Gas Geologists or Scouts, which is part of the Petroleum Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8813(2), Bookbinding Operation, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8019(2), Document Duplication or Photocopying Service, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 4297(1), Electronic Pre−Press, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 4297(2), Graphic Design, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8807, Newspaper , Magazine or Book Publishing, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8818, Newspaper Publishing or Printing, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8019(1), Printing — quick printing, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 4299(1), Printing Operation — all other employees, which is part of the Printing, Publishing and Duplicating Industry Group, to remove the footnote assigning sales, collection or public relations work to Classification 8742, Salespersons — Outside, as it is duplicative of general classification procedures and not unique to this classification. Amend Classification 8813(1), Printing Operation — editing, designing, proofreading and photographic composing , which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees and remove the footnote assigning sales, collection or public relations work to Classification 8742, Salespersons — Outside, as it is duplicative of general classification procedures and not unique to this classification. Amend Classification 4295(1), Printing Operation — screen printing — all other employees, which is part of the Printing, Publishing and Duplicating Industry Group, to remove the footnote assigning sales, collection or public relations work to Classification 8742, Salespersons — Outside, as it is duplicative of general 1017
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z classification procedures and not unique to this classification. Amend Classification 8846(1), Printing Operation — screen printing — editing, designing, proofreading and photographic composing, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees and remove the footnote assigning sales, collection or public relations work to Classification 8742, Salespersons — Outside, as it is duplicative of general classification procedures and not unique to this classification. Amend Classification 4295(2), Screen Printed Merchandise Dealers — all other employees, which is part of the Printing, Publishing and Duplicating Industry Group, to remove the footnote assigning sales, collection or public relations work to Classification 8742, Salespersons — Outside, as it is duplicative of general classification procedures and not unique to this classification. Amend Classification 8846(2), Screen Printed Merchandise Dealers — editing, designing, proofreading and photographic composing, which is part of the Printing, Publishing and Duplicating Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8741, Real Estate Agencies, which is part of the Property Management/Operation Industry Group, to include Clerical Telecommuter Employees. Amend Classification 7610, Radio, Television or Commercial Broadcasting Stations, to include Clerical Telecommuter Employees. Amend Classifications 5183(2)/5187(2), Refrigeration Equipment , to provide direction as to how related operations should be classified. Amend Classification 3165(2), Refrigerator Mfg., to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 4000(1), Sand or Gravel Digging, to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 2806(2), Shutter Mfg., to provide direction as to how related operations should be classified and for consistency with other proposed changes. Amend Classification 1741(1), Silica Grinding, to provide direction as to how related operations should be classified and for clarity. Amend Classification 2222, Spinning or Weaving, to include felting manufacturing; cotton batting, wadding or waste manufacturing; and wool combing and scouring operations. Amend Classifications 5632/5633, Steel Framing, which are part of the Construction and Erection Industry Group, to clarify the intended application and for consistency with other proposed changes. Amend Classification 1710, Stone Crushing, to provide direction as to how related operations should be classified and for clarity. Amend Classification 8039, Stores — department stores, which is part of the Stores Industry Group, to include Clerical Telecommuter Employees. Amend Classification 8013(2), Stores — eyewear, which is part of the Stores Industry Group, for clarity. Amend Classification 8015, Stores — furniture, which is part of the Stores Industry Group, to provide direction as to how related operations should be classified. Amend Classification 8013(1), Stores — jewelry, which is part of the Stores Industry Group, to clarify its intended application. Amend Classification 8018, Stores — wholesale, which is part of the Stores Industry Group, for clarity. Amend Classification 3169(1), Stove or Oven Mfg., to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 3099, Tool Mfg., for clarity and to provide direction as to how related operations should be classified. Amend Classification 9522(5), Upholstering — wheelchair , for consistency with other proposed changes. Amend Classification 7607(1), Video Post−Production, to include Clerical Telecommuter Employees. Amend Classification 0400, Warehouses — cotton, for consistency with other proposed changes. 1018
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Amend Classification 8292, Warehouses — general merchandise, to clarify its intended application. Amend Classification 7520, Water Companies, to include meter reading activities. Amend Classification 3076(6), Wheelchair Mfg., to clarify its intended application and provide direction as to how related operations should be classified. Amend Classification 9521(3), Window Covering, for consistency with other proposed changes. Eliminate Classification 2211(4), Wool Combing or Scouring, because it is no longer statistically credible and reassign the operations described by this classification to Classification 2222, Spinning or Weaving. 13.
Amend
Part 3,
Section VIII, Abbreviated Classifications — Numeric Listing, for consistency with other proposed changes. 14. Amend
Part 4, Unit Statistical Report Filing Requirements,
Section I, General Instructions, Rule 1, Scope, for clarity. 15. Amend
Part 4,
Section II,
Definitions, Rule 12, Final Premium(s), to update the citation to the federal Terrorism Risk Insurance Program. 16. Amend
Part 4,
Section III, Link Data and Header Record Information, Rule 2, Policy Effective Date, Subrules b and c, to remove outdated language and for consistency. 17. Amend Appendix I, Construction and Erection Classifications, to revise Classification 5146(1), Cabinet or Fixtures , for consistency with other proposed changes. 18.
Amend the Back Wages/Back Pay entry in Appendix II, Payroll Remuneration Table , to clarify that back pay consists of amounts paid or awarded to employees where the employer corrects or is ordered to make up the difference between what the employee was paid and the amount the employee should have been paid, and for consistency with other proposed changes. 19. Amend Appendix IV , Classifications Including Clerical Office Employees or Outside Salespersons, for consistency with other proposed changes.
Amendments to the Miscellaneous Regulations for the Recording and Reporting of Data — 1995, Title 10, California Code of Regulations,
Section 2354, Effective January 1, 2021 1. Amend
Part 1, General Provisions ,
Section I, Introduction, Rule 2, Effective Date, to show that the effective date of the amended Miscellaneous Regulations is 12:01 a.m., January 1, 2021. Amendments to the California Workers’ Compensation Experience Rating Plan — 1995, Title 10, California Code of Regulations,
Section 2353.1, Effective January 1, 2021 1. Amend
Section I, General Provisions , Rule 2, Effective Date, to show that the effective date of the amended Experience Rating Plan is 12:01 a.m., January 1, 2021. 2. Amend
Section II,
Definitions, Rule 2, Base Premium, to update the citation to the federal Terrorism Risk Insurance Program. 3. Amend
Section III, Eligibility and Experience Period, Rule 1, Eligibility Requirements for California Workers’ Compensation Insurance, to adjust the eligibility threshold from $9,700 to $9,900 to reflect wage inflation and the proposed January 1, 2021 expected loss rates. 4. Amend Table I, Expected Loss Rates and D−Ratios, to reflect the most current data available. 5. Amend Table II, Primary Thresholds, to reflect the most current data available.
CONTACT PERSON The name and telephone number of the agency repre- sentative and designated contact person are listed above under “WRITTEN COMMENT PERIOD.” A V AILABILITY STATEMENTS The Commissioner has prepared an Informative Di- gest included in this Notice that sets forth a
summary and the reasons for the proposed regulations. Upon re- quest to the contact persons above, the text of the pro- posed regulations shall be made available for inspection and copying. 1019
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z The file for this action, which includes a copy of the proposed regulations, the WCIRB’s filing, and any sup- plemental information, is contained in the Rulemaking File: REG−2020−00013 and is available for inspection and copying by prior appointment at 1901 Harrison Street, 4 th Floor, Oakland, California 94612, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. The express terms of the proposed regulations as con- tained in the WCIRB’s filing may also be viewed or downloaded from the Regulatory Filings
section of the WCIRB website: www.wcirb.com. INTERNET ACCESS Documents concerning these proposed regulations are available on the Department’s website at the follow- ing link: www.insurance.ca.gov/0250−insurers/0500− legal−info/0200−regulations/proposed− regulations.cfm. APPROV AL OF REGULATIONS Following the time period to receive written com- ment, the Insurance Commissioner may approve regu- lations substantially as described in this Notice and In- formative Digest, or he may approve modified regula- tions or refuse to approve the regulations.
Notice of the Insurance Commissioner’s action will be sent to all per- sons who have requested notice of the Commissioner’s action. 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 AUGUST 31, 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 Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 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 In reviewing Regulation 1054 to assist presenters in completing their course budgets, POST staff observed the regulation currently uses the term “a POST− certified tuition−based course” implying that the re- quirements for creating a course budget only pertain to courses that include tuition.
However, the requirements set forth by Regulation 1054 are used to provide direc- tion to presenters of POST−certified courses under all reimbursement plans, regardless of whether tuition is charged. The current language has led to confusion when providing guidance to presenters who provide courses which do not include tuition but utilize a reim- bursement plan that includes reimbursement for pre- senter costs associated with POST−course delivery. Under Reimbursement Plans V , VI, and VII, POST reimburses the presenter for presentation costs.
Be- cause POST reimburses presenters for costs associated with student attendance, courses associated with these plans do not include student tuition, therefore the course is not always understood by presenters as a “POST− certified tuition−based course.” Replacing the term “tuition−based” with “POST−certified course” would clarify the language of Regulation 1054 to reflect all POST−certified courses and their associated budgets.
The specific benefits anticipated by the proposed reg- ulatory changes to the health and welfare of California residents will be the ability to ensure the relevance of training content, best practices in training standards and delivery, and currency of instructors’ subject matter ex- pertise. Thus, these changes to the regulatory action will provide effective law enforcement standards that will create peace, and protection of public health and safety, and worker safety. There would be no impact to the environment, prevention of discrimination, promo- 1020
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z tion of fairness or social equity, and the increase in transparency in business and government. During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training 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.
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: The Commis- sion 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, includ- ing the ability of California businesses to compete with businesses in other states.
Small Business Determination: The Commission on Peace Officer Standards and Training has determined that the proposed amendments will not affect small business because the regulatory amendment addresses the replacement of the term “a POST−certified tuition− based course” with the term “any POST−certified courses.” Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.
Effect on 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 regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments of regula- tions to the regulations will increase the efficiency of the state of California in delivering services to stake- holders. Thus, the law enforcement standards are main- tained and effective in preserving peace, protection of public health, safety, and welfare in California.
There would be no impact that would affect worker safety or the State’s environment.
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.
CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−4870. General ques- tions regarding the regulatory process may be directed to Katie Strickland at (916) 227−2802. 1021
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z 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. 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 AUGUST 31, 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 Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 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 Regulation 1056 — Annual Certification stipulates that POST is responsible for reviewing courses for re- certification prior to the start of each fiscal year. There are two proposed amendments to this regulation.
One amendment updates the language to reflect the current practice of using of the Electronic Data Interchange (EDI) for POST−course review, certification, modifica- tion, and re−certification. The second amendment es- tablishes a process for the annual recertification process through the EDI. Past practice required POST staff to provide a Course Certification Report to presenters prior to the start of the Fiscal Y ear. The reports were to be reviewed and signed by the presenter or presenter’s designee and returned to POST for recertification for the following fiscal year.
However, this process was streamlined to an electronic process when POST transitioned to the use of the EDI for course certification in January 2007. The amend- ment revises Regulation 1056 to accurately reflect the current practice of using the EDI for course certifica- tions, modifications, and re−certifications. Currently, the EDI automatically recertifies courses at the beginning of each Fiscal Year. However, this process does not guarantee that course content was properly reviewed and updated by the presenter throughout the prior Fiscal Year.
The amended regula- tion allows POST staff to utilize the EDI to automatical- ly submit courses for modification rather than automat- ic re−certification. This process will cause presenters and POST staff to actively review and update course content for course re−certification to be approved. POST staff will review the course to evaluate the con- tinuing need for the course, relevance of curriculum, and adherence to the requirements for course certifica- tion and course presentation requirements per Regula- tions 1052 and 1055, respectively.
The amended regulation will further stipulate that this process shall begin with each Fiscal Year on July 1. POST staff will utilize the EDI to cause courses to be re- viewed in odd and even years based on the original year of POST−course certification. Courses first certified in odd years will be recertified in odd years. Courses first certified in even years will be recertified in even years. POST−developed multimedia training courses are automatically recertified and will not be subject to an- 1022
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z nual review. Basic courses, as defined in PAM sections D−1 and D−10 may be modified by the Commission biannually based on those sections. They are not subject to annual review under Regulation 1056. The specific benefits anticipated by the proposed reg- ulatory changes to the health and welfare of California residents will be the ability to ensure the relevance of training content, best practices in training standards and delivery, and currency of instructors’ subject matter ex- pertise.
Thus, these changes to the regulatory action will provide effective law enforcement standards that will create peace, and protection of public health and safety and worker safety. There would be no impact to the environment, prevention of discrimination, promo- tion of fairness or social equity, and the increase in transparency in business and government.
During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training 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. FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference.
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: The Commis- sion 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, includ- ing the ability of California businesses to compete with businesses in other states.
Small Business Determination: The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect small business be- cause the regulation addresses the updating of language to reflect the use of the Electronic Data Interchange (EDI) for POST−course review and re−certification and revising the course re−certification process to utilize the EDI to automatically submit courses for modification rather than automatic re−certification.
Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Effect on 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 regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments of regula- tions to the regulations will increase the efficiency of the state of California in delivering services to stake- holders. Thus, the law enforcement standards are main- tained and effective in preserving peace, protection of public health, safety, and welfare in California.
There would be no impact that would affect worker safety or the State’s environment. 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- 1023
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z 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.
CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−4870. 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. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 275, 315, 316.5, 399, and 2084 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 205, 255, 265, 270, 275, 316.5, and 2084 of said Code, proposes to amend Sections 3.00, 4.00, 5.00, 5.41, 5.85, 7.00, 7.50, 8.10; add sections 5.84, 5.89 and 7.40, Title 14, California Code of Regulations, relating to Simpli- fication of Statewide Inland Sport Fishing Regulations.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW For years, the Fish and Game Commission (Commis- sion) and the California Department of Fish and Wildlife (Department) have heard concerns from an- glers about the complexity of freshwater sport fishing regulations. Some anglers (or potential anglers) may be dissuaded from fishing due to actual or perceived diffi- culty in complying with the regulations. This regulatory package represents Phase I of the proposed process and focuses on simplifying and streamlining the sport fish- ing regulations for inland trout waters.
The Department will prepare a separate regulatory package in the near future (i.e., Phase II) to address the complexity of the sport fishing regulations for those inland waters that are utilized by adult fish for migration and spawning after spending the majority of their lives in the ocean (i.e., anadromous waters).
The purpose and necessity of the proposed regulation changes is to address anglers’ concerns regarding the complexity of the inland sport fishing regulations by simplifying the various regulatory options, and to align the inland trout regulations with the Department’s cur- rent fisheries management goals and objectives.
Major proposed changes aim to: Separate regulations for inland trout (i.e., non−anadromous waters) from those for steelhead and salmon (i.e., anadromous waters), a process that facilitates the production of separate regulations booklets to help provide clarity to anglers; Replace the District Regulations (Section 7.00) with statewide regulations separated for trout; and Standardize and consolidate the Special Fishing Regulations (Section 7.50).
The proposed changes aim to increase regulatory consistency statewide, reduce complexity of the inland sport fishing regulations, and remove regulations that are no longer biologically justifiable. Normally, no single element of a regulation controls a sport fishery (e.g., most trout streams in California have both a closed season and bag limit). The type of gear, le- gal fishing hours, and use of bait are also part of the reg- ulatory equation. Most often, combinations of elements of regulations apply to a given water.
The following are elements of regulations used to manage trout popula- tions in California. Seasons (specified opened or closed seasons) Bag and possession limits Size limits; and Gear and bait restrictions. 1024
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Comprehensive Evaluation: Trout Menu The Department evaluated above elements of the in- land sport fishing regulations, specifically in the Dis- trict Fishing Regulations in Title 14,
Section 7.00, CCR and the Special Fishing Regulations in Title 14,
Section 7.50, CCR. The District Fishing Regulations apply po- litical boundaries in how the above regulatory elements are implemented by county line, in contrast to the wa- tershed approach found within the Special Fishing Reg- ulations, leading to complexity and associated public frustration stemmed from the diversity of different reg- ulations established over decades, with limited align- ment or consistency. The Department developed a suite of regulations, or “menu,” comprising angling seasons, bag and possession limits, size limits, and gear restric- tions, to standardize the Special Fishing Regulations in Title 14, subsection 7.50(
b) and uncouple the inland trout waters from the District General Regulations in Title 14, subsections 7.00(a)−(
g) and from anadromous waters. This menu described below represents the foun- dation of this rulemaking, and is the result of a collabo- rative effort by partners and fisheries biologists throughout the state to standardize the Special Fishing Regulations based on fisheries management goals, which include maximizing fishing opportunity (most liberal) and protecting sensitive fishery populations (most conservative). Trout Menu Coding The trout menu described below primarily applies to amended sections 5.85, 7.00 and 7.50, and added Sec- tion 7.40.
It is divided into three categories of a stan- dardized suite of management approaches reflected as regulatory elements for the 200+ special inland waters in California: An updated Statewide Regulation; Seasons; and Bag/Possession Limits (plus gear restrictions and size limits). For the proposed
Section 7.50 regulatory language “Alphabetical List of Trout Waters with Special Fishing Regulations,” in the table encompassing subsection 7.50(b), a right−hand column has been added called “Menu Option” to serve as an easy reference to the as- signed management approach of each special regula- tion water. This column is only shown for the purpose of clarity for the Initial Statement of Reasons (ISOR) to in- dicate any changes affecting a water.
The options are ei- ther assignment to one of the two statewide regulations (“SL,” or “SR,” as noted below), a combination from the trout menu of season, bag/possession and gear limi- tations for each state water, or coding showing the water has been moved to another
section or deleted. The cod- ing is also shown by special water in the Decision Ma- trix,
Summary Table of Changes for the subsection 7.50(
b) regulatory table (Appendix A to the ISOR). Statewide Regulations “SL” for Lakes and Reservoirs (proposed in amended subsection 5.85(a)(1)): Open all year, five trout daily bag limit, 10 trout in possession. “SR” for Rivers and Streams (proposed in amended subsection 5.85(a)(2)): From the last Saturday in April through November 15, five trout daily bag limit, 10 trout in possession; and, from November 16 through the Friday preceding the last Saturday in April, 0 trout bag limit, artificial lures with barbless hooks only and trout must be released unharmed and not removed from the water.
Seasons Seasons are described as follows, and designated by capital letters A−J (under “Menu Option” column shown in the amended subsection 7.50(
b) table): A. All year B. Last Saturday in April through November 15 C. November 16 through the Friday preceding the last Saturday in April D. Last Saturday in April through July 31 E. August 1 through November 15 F. Saturday preceding Memorial Day through September 30 G. Saturday preceding Memorial Day through the last day in February H. September 1 through November 30 I. October 1 through the Friday preceding Memorial Day J. Closed to fishing all year Bag and Possession Limits and Gear Restrictions Bag and Possession Limits and Gear Restrictions are described as follows, and designated by numbers 1−7 (under “Menu Option” column shown in the amended subsection 7.50(
b) table): 1. 5 trout, no gear restrictions 2. 2 trout per day, 4 trout in possession, no gear restrictions 3. 2 trout, artificial lures 4. 2 trout with 14” total length minimum, artificial lures 5. 2 trout with 18” total length minimum, artificial lures 6. 0 trout, artificial lures with barbless hooks 7. 0 trout, artificial flies with barbless hooks Combined options for season (letter) and bag/posses- sion limit and gear limitation (number) present as a cap- 1025
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z ital letter−number code. For example, “B5” would sig- nify a water with a season from the last Saturday in April through November 15, a bag/possession limit of 2 trout with 18″ minimum size, and a gear restriction of artificial lures. Two other codes in the right−hand column in the sub-
section 7.50(
b) table inform anglers of how that particu- lar water is considered, if it doesn’t fall under one of the above codes. “HSS” Refers to waters moved to the newly added
Section 7.40 of Title 14 under the anadromous table for salmon and steelhead, proposed for naming as “Alpha- betical List of Hatchery Steelhead and Salmon Waters with Special Fishing Regulations.” Those waters with HSS coding are shown as strikeout in
Section 7.50 be- cause they are proposed for relocation to
Section 7.40. “Del##” Refers to a special water or regulation that is proposed for removal entirely from the
Section 7.50(
b) special regulations table, and justification for the re- moval is outlined by numerical increment below under the description for amendment of
Section 7.50. Proposed for Amendments Amend subsection 5.00(
b) Black Bass, Special Regulations Remove subsections (b)
(3) Lassen County; (b)
(4) Modoc County; (b)
(7) Shasta County; (b)
(9) Big Lake (Shasta County); (b)
(13) Diamond Valley Lake; (b)
(15) El Capitan Reservoir; (b)
(22) Perris Lake; (b)
(25) Silverwood Lake; (b)
(26) Skinner Lake; and (b)
(28) Trinity Lake. The Department is proposing to remove these subsections from the bass special regulations. Therefore, these waters will revert to the statewide standard under subsection 5.00(
a) of open to fishing all year, with a 12−inch minimum size limit, and a five−fish daily bag limit. Specifically, two changes of non−regulatory effect include removal of (b)
(15) El Capitan Reservoir and (b)
(22) Perris Lake as listed in the table, due to existing redundancy with the statewide standard because the season (all year), size (12−inch minimum), and bag limit already match that of the statewide standard The Department is proposing to amend the existing bass fishing season on Trout Lake to align with the proposed new trout fishing season under the Statewide Regulation “SL” as listed in subsection 7.50(b)(195.5) for Trout Lake. Amend subsections (b)(2) for waters in Inyo County, and (b)(5) and (b)(16) for waters in Mono County.
The Department is amending subsections (b)(2) and (b)(5) for waters in Inyo County to include reference to Inyo County streams and rivers in the Special Fishing Regulations in subsection 7.50(b). Subsection (b)(2) and (b)(5) amendments also clarify the closure to black bass fishing from November 16 to the Friday preceding the last Saturday in April to ensure anglers understand the open season is late April through November 15.
Subsection (b)(16) similarly includes reference to Mono County streams and rivers in the Special Fishing Regulations in subsection 7.50(b), while correcting a reference for Fish Slough to the boundaries from Owens Valley Native Fishes Sanctuaries to the BLM Spring. Re−numbering of the waters in 5.00(
b) The resulting proposed list of special black bass waters is re−numbered by paragraph for clarity and consistency. Amend
Section 5.41. Landlocked Salmon. Subsection (
e) is amended so that the same excep- tions formerly referenced in subsection 7.50(
b) are specifically listed within this subsection with a daily bag limit of ten salmon, and possession limit of twenty. Amend
Section 5.85. Trout. The name of this
section is changed to reflect that on- ly trout (and not salmon) are covered under this general regulation. Additional introductory language is added to clarify how the bag and possession limits should be interpreted, for the total number of trout in combination. Under subsection (a)(1), the Department is proposing to remove all trout fishing regulations for inland lakes and reservoirs from
Section 7.00 District General Regulations and move them to
Section 5.85, Trout. This addition of subsection (a)(1) to
Section 5.85 provides the new proposed statewide regulation for slow−moving waters, or inland lakes, reservoirs, and ponds, as described in the trout menu and noted by the coding “SL.” Under subsection (a)(2), the Department is proposing to remove all trout fishing regulations for inland rivers and streams from the
Section 7.00 District General Regulations. This addition of subsection (a)(2) to
Section 5.85 provides the new proposed statewide regulation for fast−moving waters, or streams, rivers, creeks, and canals, as described in the trout menu and noted by the coding “SR.” Under the new Statewide Regulation, these waters will be open to fishing from the last Saturday in April through November 15, with a five trout daily bag limit, and a 10 trout possession limit; and, from November 16 through the Friday preceding the last Saturday in April, with a zero trout bag limit, and artificial lures with barbless hooks only gear restriction. 1026
CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 29-Z Subsection (
b) describes those exceptions to the statewide regulations, and refers readers to
Section 7.50, Alphabetical List of Waters with Special Fishing Regulations for individual trout waters with special regulations that would not fall under the statewide regulation. Subsection (
b) further clarifies that brook trout bag and possession limits may be in addition to the trout bag and possession limits. This proposal will result in either no change to the current regulations or an added possession limit for wa- ters moved to the statewide regulation. Below is a de- scription of changes to the district waters,
Section 7.00. Subsections (
a) and (
b) are necessary to inform an- glers of the statewide standard season, bag, possession limit for lakes, reservoirs, and ponds, as well as streams, river, creeks, and canals that don’t otherwise have a spe- cial regulation in subsection 7.50(b). Amend
Section 7.00. District General Regulations To address anglers’ concerns regarding the complexi- ty of the 7.00 District General Regulations, the Depart- ment is proposing to uncouple the state’s inland trout waters from the District General Regulations. Most reg- ulations for trout waters currently under the District General Regulations will be moved to either the new subsection 5.85(a)(1), Statewide Regulation for lakes and reservoirs, or to subsection 5.85(a)(2), Statewide Regulation for rivers, streams, creeks, and canals. Some individual trout waters will require special restrictions and reduced bag limits and, therefore, these regulations will be moved to
Section 7.50, Special Fishing Regula- tions. The amendments will result in little or no substan- tive change to the regulations for most waters currently under the District General Regulations. Clarifications are made to the opening paragraph prior to subsection 7.00(
a) to ensure clarity that hatchery trout and hatchery steelhead are covered under