Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 16-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 21, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0411–15 ........................................ 525 AMENDMENT MULTI–COUNTY: Yucaipa Valley Water District TITLE 2. STATE COMPENSATION INSURANCE FUND Notice to Amend the Conflict–of–Interest Code — Notice File Number 2023–0411–14 .......................... 526 TITLE 4.

POLLUTION CONTROL FINANCING AUTHORITY California Capital Access Program — Notice File Number Z2023–0411–11 .................................. 526 TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Procedures for Priority Drawings — Notice File Number Z2023–0405–01 ................................... 528 TITLE 5. EDUCATION AUDIT APPEALS PANEL Supplements to Audits of K–12 Local Education Agencies — Notice File Number Z2023–0411–16 ................ 530 TITLE 16. DENTAL HYGIENE BOARD Temporary Licensure Military Spouses/Partners — Notice File Number Z2023–0411–12 ....................... 534 TITLE 22.

EMERGENCY MEDICAL SERVICES AUTHORITY Administration of Medications — Notice File Number Z2023–0406–01 ..................................... 537 TITLE 24. BUILDING STANDARDS COMMISSION Intervening Code Cycle Submittal,

Part 5 (BSC 02/22) — Notice File Number Z2023–0411–02 .................. 539 TITLE 24. BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT Intervening Code Cycle,

Part 5 (DSA–SS 05/22) — Notice File Number Z2023–0411–03 ....................... 544 (Continued on next page)

TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Intervening Code Cycle,

Part 5 (HCD 02/22) — Notice File Number Z2023–0411–04 .......................... 549 TITLE 24. BUILDING STANDARDS COMMISSION/OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT Intervening Code Cycle,

Part 3 (OSHPD 04/22) — Notice File Number Z2023–0411–05 ....................... 554 TITLE 24. BUILDING STANDARDS COMMISSION/OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT Intervening Code Cycle,

Part 4 (OSHPD 05/22) — Notice File Number Z2023–0411–06 ....................... 558 TITLE 24. BUILDING STANDARDS COMMISSION/ OFFICE OF STATEWIDE HOSPITAL PLANNING AND DEVELOPMENT Intervening Code Cycle,

Part 5 (OSHPD 06/22) — Notice File Number Z2023–0411–07 ....................... 561 TITLE 24. BUILDING STANDARDS COMMISSION/ STATE FIRE MARSHAL Intervening Code Cycle,

Part 3 (SFM 04/22) — Notice File Number Z2023–0411–08 .......................... 564 TITLE 24. BUILDING STANDARDS COMMISSION/ STATE FIRE MARSHAL Intervening Code Cycle,

Part 4 (SFM 05/22) — Notice File Number Z2023–0411–09 .......................... 570 TITLE 24. BUILDING STANDARDS COMMISSION/ STATE FIRE MARSHAL Intervening Code Cycle,

Part 5 (SFM 06/22) — Notice File Number Z2023–0411–10 .......................... 576 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2023–003–02, Feather River Salmonid Improvement Project, Butte County ............................................................................. 582 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Prop 65 — Chemicals Known to Cause Cancer: 1,1,1–Trichloroethane and Leucomalachite Green .............. 585 PETITION DECISION OFFICE OF ADMINISTRATIVE LAW Concerning Petition from Steve Uhler ................................................................ 585

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 587 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 525 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest code of the following: CONFLICT–OF–INTEREST CODE AMENDMENT MULTI–COUNTY: Yucaipa Valley Water District A written comment period has been established commencing on April 21, 2023 and closing on June 5, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code 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 pri- or to the close of the written comment period, a public hearing before the full Commission.

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

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interest - ed person, will approve, or revise and approve, or re - turn the proposed code to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than June 5, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the code since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the code 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 code shall approve code 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 should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODE Copies of the proposed conflict–of–interest code may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 526 TITLE 2. STATE COMPENSATION INSURANCE FUND NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE STATE COMPENSATION INSURANCE FUND NOTICE IS HEREBY GIVEN that the State Com- pensation Insurance Fund, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on April 24, 2023 and closing on June 8, 2023. All in- quiries should be directed to the contact listed below. The State Compensation Insurance Fund propos- es to amend its conflict–of–interest code to include employee positions that involve the making or partici- pation 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 Gov - ernment Code. The amendment carries out the pur - poses of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include newly added and deleted positions, department re - structures, removing positions that do not meet the fil- ing requirements, and makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than June 8, 2023, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than May 30, 2023. The State Compensation Insurance Fund has de- termined 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 un - der

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: Jorrell Sorensen, Director of Employee Relations (916) 924–6895 Form700@scif.com TITLE 4.

POLLUTION CONTROL FINANCING AUTHORITY The California Pollution Control Financing Author- ity (“CPCFA” or the “Authority”) proposes to imple - ment, interpret, and make specific Sections of the Act by adding Sections 8078.1 of Title 4 of the California Code of Regulations (the “Proposed Regulations”) concerning the administration of the California Pollu - tion Control Financing Authority’s California Capital Access Loan Program (“CalCAP”) for Small Business Program (“CalCAP/SB”), and the Collateral Support Program (“CalCAP/CSP”).

These Proposed Regu - lations are necessary to ensure program clarity and continuity, and to refine and clarify program features of the California Pollution Control Financing Author - ity Act (the “Act”). The Proposed Regulations have been approved by the Office of Administrative Law (“OAL”) on an emergency basis, and this proposed rulemaking would make these changes permanent. AUTHORITY AND REFERENCE Authority: Sections, 44520(a), 44520(b), 44559.5(f), Health and Safety Code. Reference: Sections 44559–44559.9 of the Health and Safety Code. Reference: 12 U.S. Code § 5703(b)

(4) INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the Capital Access Loan Program and authorizes the Authority to contract with specified financial institutions to make loans to eligi - ble small businesses that fall just outside of most con- ventional underwriting standards. (Health and Safety Code, § 44559.2.) The proposed amendment to the regulations will add language conforming to the U.S. Treasury and the State Small Business Credit Initiative (SSBCI) Pro - gram requirements for loans enrolled in the CalCAP for Small Business Program.

The Federal Funds al - located to the State of California, and CalCAP spe - cifically, as part of the American Rescue Plan Act of 2021, will benefit California small business owners by strengthening our existing State programs by creating

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 527 billions of dollars in lending and investments to small businesses that are otherwise not getting the support needed to expand and create jobs. The Authority has performed a search of existing regulations and has determined that the proposed reg - ulations are not inconsistent or incompatible with ex - isting state regulations. § 8078.1 Federal Capital Access Program and Funding

Section 8078.1 (

a) through 8078.1 (j). These sections add the U.S. Treasury requirements for loans enrolled under the State Small Business Credit Initiative enact- ed pursuant to the American Rescue Plan Act (H.R. 1319, Public Law Number 117–2). Necessity. The proposed amendments are necessary to implement the requirements for enrolling loans in the CalCAP for Small Business Program utilizing fed- eral funds. DISCLOSURES REGARDING THE PROPOSED ACTION The Authority has made the following determina - tions regarding the effect of the Proposed Regulations: Mandate on local agencies or school districts: None.

Cost or savings to any state agency: None. Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code sections 17500–17630: None. Other non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Cost impact on a representative private person or business: The Authority is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action.

Small Business: The proposed regulations will not have an effect on small business because the pro - gram is voluntary for any small business that seeks to apply for financial assistance in any of the CalCAP Programs.

Significant, statewide, adverse economic impact directly affecting businesses including the ability of California businesses to compete with business - es in other states: The Authority has made an initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Assessment regarding effect on jobs/businesses: The proposed regulations will not have a significant effect on the creation or elimination of jobs in Califor- nia, significantly affect the creation of new businesses or elimination of existing businesses within Califor - nia, or significantly affect the expansion of businesses currently doing business in California.

Benefits of the regulation to the health and wel - fare of California residents, worker safety, and the state’s environment: The broad objective of the regulations is to provide sustainable access to capi - tal for small businesses that have difficulty obtaining financing. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Authority invites interested parties to present statements with respect to alternatives to the Proposed Regulations during the written comment period. AGENCY CONTACT PERSON Written comments, inquiries, and any questions regarding the substance of the Proposed Regulations must be submitted or directed to: Doreen Smith, Program Manager California Pollution Control Financing Authority P.O. Box 942809 Sacramento, CA 94209–0001 Telephone: (916) 653–3993 Fax: (916) 589–2805 Email: Doreen.Smith@treasurer.ca.gov Kamika McGill, Associate Treasury Program Officer California Pollution Control Financing Authority P.O.

Box 942809 Sacramento, CA 94209–0001\ Telephone: (916) 653–0289 Fax: (916) 589–2805 Email: Kamika.McGill@treasurer.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 528 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Proposed Regulations to the Authority. The writ - ten comment period on the Proposed Regulations ends at 5:00 p.m. (PT) on June 6, 2023 . All comments must be submitted in writing to the Agency Contact Person identified in this Notice by that time and day in order to be considered by the Authority.

AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 801 Capitol Mall, Second Floor, Sacramento, California 95814, during normal business working hours. As of the date this Notice is published in the California Regulatory Notice Reg - ister, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the Proposed Regulations.

Copies of these items and all the information upon which the proposed rulemak- ing is based are available upon request from the Agen- cy Contact Person designated in this Notice or at the Authority’s website located at http://www.treasurer. ca.gov/cpcfa/index.asp. PUBLIC HEARING CPCFA does not intend to conduct a Public Hearing on the matter of these regulations, unless requested. Any interested person may submit a written request for a public hearing no later than 15 days prior to the close of the written comment period.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested pursuant to

Section 11346.8 of the Government Code, the Author- ity may adopt the Proposed Regulations substantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indicated) avail - able to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified. Inquiries about and requests for copies of any changed or modified regulations should be ad - dressed to the Agency Contact Person identified in this Notice.

The Authority will accept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or found on the Au - thority’s website at http://www.treasurer.ca.gov/cpcfa/ index.asp. TITLE 4.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING ABC has not scheduled a public hearing on this pro- posed action. However, ABC will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized repre - sentative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to ABC. The written comment period closes at 12:00 p.m. on June 6, 2023. ABC will consider only comments received at ABC Headquarters by that time. Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Comments may also be submitted by email to RPU@abc.ca.gov, please include “Priority Drawings” in the subject line of your email.

AUTHORITY AND REFERENCE Authority: Sections 23816, 23817, 23820, 23821, 23959, 23961, 23962, 24070, and 24079, Business and Professions Code. Reference: Sections 494.5, 23394, 23396, 23396.1, 23396.2, 23396.3, 23691, 23816, 23817, 23818, 23820, 23821, 23826, 23826.5, 23826.7, 23826.9, 23826.10, 23826.11, 23826.12, 23826.13, 23826.14, 23827, 23950,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 529 23951, 23952, 23953, 23954, 23954.6, 23956, 23957, 23958, 23958.4, 23959, 23961, 23962, and 24070, Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action is designed to further clari - fy terms regularly used by the industry and to further establish the processes and procedures for the Depart- ment of Alcoholic Beverage Control to conduct yearly priority drawings by expanding and refining on the regulations promulgated in 2022.

Summary of Existing Laws and Regulations Business and Professions Code

section 23961 de - scribes the situation that a priority drawing is nec - essary and the requirements to participate in such drawings.

Summary of Effect The broad objective of this regulation is to further refine the uniform process of selecting priority appli - cations for hopeful ABC license holders. Comparable Federal Statute or Regulations ABC has determined that this proposed regula - tion does not have a comparable federal statute or regulation. Policy Statement Overview The mission of the Department of Alcoholic Bever- age Control is to provide the highest level of service and public safety to the people of California through licensing, education, and enforcement. ABC values trust, innovation, and professionalism.

This proposed regulation further refines the process for a fair and uniform process for priority drawings. Benefits Anticipated By better refining the process for priority draw - ings, ABC anticipates a more fair and timely process for participating licensees. The anticipated benefit of this action will not only clarify commonly used terms but also ensure a fair and uniform process through all county priority drawings conducted by ABC. Determination of Inconsistency/Incompatibility with Existing State Regulations ABC has reviewed the existing applicable state statutes and regulations.

After this review, ABC de - termined that this proposed regulatory action is not inconsistent or incompatible with existing state regu - lations or law. Effect upon Small Businesses in California Although licensees are often small business owners, this proposed regulation will have no regulatory effect on them. The intent of this proposed regulation is to further clarify the longstanding practice of conduct - ing annual priority drawings for applicants seeking available alcohol licenses.

The priority drawing pro - cess is for the privilege to apply for new licenses and will have no effect on existing alcohol license holders throughout the state. This will benefit potential small business owners as it allows for a more efficient and streamlined process. DISCLOSURES REGARDING THE PROPOSED ACTION The ABC has made the following initial determinations: 1. Mandate on local agencies or school districts: None. 2. Costs or Savings to any state agency: Any addi - tional cost will be absorbed into ABC’s current budget. 3.

Cost to any local agency or school district that is required to be reimbursed by the state: None. 4. Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Cost impacts on housing costs: None. DETERMINATION OF STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The ABC has made an initial determination the adoption of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

There is no foreseeable impact on businesses based on the policy laid out in the proposed regulation. Results of the Economic Impact Assessment: ABC concludes that it is (1) unlikely that the pro - posal will eliminate any jobs, (2) that the proposal will not likely create any jobs, (3) that the proposal will not likely create any new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.

It is unlikely that the proposed legis - lation will impact the State’s environment or worker safety. As stated above under ‘Benefits Anticipated’, the proposed regulation will further ensure that priori - ty drawings will be fair and equitable for all priority applicants and ensure alcohol licenses are distributed in a fair and equitable manner throughout the state. The implementation of the proposed priority drawing regulations will benefit the health and welfare of Cal - ifornia residents through the uniform statewide stan -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 530 dards for the priority drawing process and issuance of priority licenses. Description of All Economic Impacts That a Representative Private Person or Business Would Necessarily Incur in Reasonable Compliance with the Proposed Action ABC has made an initial determination that the adoption of this regulation will have negligible eco - nomic impact on private persons or businesses. There is no foreseeable impact on private persons or busi - nesses based on the process laid out in the proposed regulation.

Thus, ABC is not aware of any cost impacts that a representative person or business would necessari - ly incur in reasonable compliance with the proposed action. The Need to Require Report from Businesses The proposed regulation does not require any re - ports from ABC licensees or any other business.

CONSIDERATION OF ALTERNATIVES ABC must determine that no reasonable alternative considered by ABC or that has otherwise been iden - tified and brought to the attention of ABC would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to effected private persons than the pro - posed action or would be more cost–effective to ef - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

ABC invites interested persons to present statement or arguments with respect to alternatives to the proposed regulation during the written comment period. AGENCY CONTACT PERSON Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419–8958, (designated backup contact) Shelby Pender, Associate Governmental Program Analyst, Law and Policy Unit, (916) 285–8517 or via email at RPU@abc.ca.gov. AVAILABILITY OF DOCUMENTS ABC prepared an Initial Statement of Reasons for the proposed action.

Copies of the Initial Statement of Reasons, and the full text of the proposed regula - tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len - nane Drive, Suite 100, Sacramento, CA 95834, on or after February 18, 2022. ABC staff has compiled a record for this rulemak - ing action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

CHANGE TO THE PROPOSED FULL TEXT OF THE REGULATION ACTION If there is any change to the proposed full text of the regulation action in a substantial, or sufficiently related way, it will be made available for comment for at least 15 days prior to the date on which ABC adopts the resulting regulation. FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from ABC contact persons in this notice or may be accessed on ABC’s website listed below.

INTERNET ACCESS This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the Final Statement of Reasons, when completed, are available on ABC’s website for this rulemak - ing at https://www.abc.ca.gov/law–and–policy/ regulations–rulemaking/ . TITLE 5.

EDUCATION AUDIT APPEALS PANEL SUPPLEMENT TO AUDITS OF K–12 LOCAL EDUCATION AGENCIES FISCAL YEAR 2022–23 AS OF MARCH 1, 2023 The Education Audit Appeals Panel (EAAP) pro - poses to adopt an Audit Guide for Fiscal Year 2022– 23, Supplemented as of March 1, 2023, as well as the Guide’s incorporating regulation, as described below, after considering all comments, objections, and rec - ommendations regarding the proposed action. The Supplemented Audit Guide will be derived from and incorporated in

Section 19810. PUBLIC HEARING A public hearing regarding this proposal is not cur - rently scheduled. Not later than 15 days prior to the close of the written comment period, any interested person, or his or her authorized representative, may make a written request for a public hearing pursuant to Government Code

section 11346.8, and a public hear- ing will be held. Requests for a public hearing should be addressed to Mary Kelly.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 531 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action. The written comment period closes on Monday, June 5, 2023. EAAP will consider only written comments received by that time. Written comments for EAAP’s consideration should be directed to: Mary Kelly, Executive Officer Education Audit Appeals Panel 770 L Street, Suite 1100 Sacramento, CA 95814 Fax: (916) 445–7626 email: mkelly@eaap.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 14502.1, Education Code. Reference: Sections 14502.1, 14503, 42010, and 41024 of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking amends title 5, California Code of Regulations,

section 19810 to clarify the incorporation by reference language and make reference to the audit guide. It also adopts the Audit Guide for 2022–23, sup- plemented as of March 1, 2023, with any technical and clarifying revisions and legislative changes that will affect audits and possibly the conditions for apportion- ment of school funding. This supplemental filing en - sures that audits include subjects pertinent to and/or required by legislation through January 1, 2023. This rulemaking meets the requirements of Edu - cation Code

section 14502.1, which mandates that an annual audit guide be adopted by EAAP, and the addi- tional laws and Constitutional provisions listed under “Authority cited” below the proposed amended text of

Section 19810, as shown below. The purpose of the audit guide is to define terms and specify procedures to guide accountants in the conduct of statutorily re - quired financial and compliance audits of K–12 local education agencies. The Controller, in letters dated January 30, 2023 and February 14, 2023, pursuant to Education Code

section 14502.1, proposed supplemen- tal changes to be reflected in the 2022–23 audit guide. The proposed changes derive from the Controller’s proposals and also contain changes designed to clarify audit steps. EAAP does not anticipate that these proposed amendments would create specific benefits for the pro- tection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, nor the increase in openness and transparency in business and govern - ment. The regulations direct accountants to perform the steps necessary for the annual audits required by Education Code

Section 41020. EAAP has determined that the proposed amendments will ultimately benefit the welfare of California residents by ensuring that lo- cal education agencies are complying with regulatory requirements, and that educational funds are being properly utilized, which would ultimately affect the quality of students’ educational experiences. In devel- oping the rulemaking, EAAP evaluated the proposed changes to regulations and determined that they are not inconsistent or incompatible with existing regula - tions, state or federal. A description of proposed changes to

section 19810, and a discussion of revisions to the audit guide, follow. Title 5, Division 1.5

Chapter 3. Audits of California K–12 Local Education Agencies

Article 1 General Provisions § 19810. Annual Audit Guides. The “2022–23 Guide for Annual Audits of K–12 Lo- cal Education Agencies and State Compliance Report- ing,” (MarchJuly 1, 20223), adopted by the Education Audit Appeals Panel, is incorporated by reference. The guide provides the audit steps, reporting requirements, and other guidance for the required annual financial and compliance audits, subject to auditor judgment where alternative or additional audit steps may be ap - propriate. The annual guide is superseded by a supple- mental audit guide, if needed, adopted before March 1 of each fiscal year.

Each annual guide, including Ap - pendices A, B and C and any applicable supplement, is available on www.eaap.ca.gov/audit-guide, with paper or electronic copies available on request. Note: Authority cited:

Article XIII,

Section 36 and

Article XIIIA,

Section 1, California Constitution; and Sections 14502.1 and 47612, Education Code. Refer - ence:

Article XIIIB,

Section 1.5, California Constitu - tion; and Sections 2574, 14501, 14502.1, 14503, 37700, 41020, 41480, 42238.02, 43500, 43501, 43502, 43504, 43505, 43509, 43520, 43521, 43522, 44258.9, 45037, 46146, 46300, 47605, 47612, 47614, 47634, 48000, 48206, 48306, 48313, 51747, 51749, 52060, 53071, 56026, 56340 and 76004, Education Code. Audit Guide Amendments The proposed supplemental 2022–23 Audit Guide includes the following deletions, amendments and additions: Deletions:

Section DZ. Expanded Learning Opportunities Program is deleted (for 2022–23 only) because subdi- vision (

c) of amended Education Code

section 46120 requires that audits of the Expanded Learning Oppor -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 532 tunities Program commence with the 2023–24 school year. Amendments:

Section D. Independent Study is amended to add and modify procedures, to ensure alignment with the amended provisions of independent study contained in Education Code

section 51747.

Section W. Unduplicated Local Control Funding Formula Pupil Counts is amended to make techni - cal amendments to Procedure 1 to change the title of the 1.18 report to LCFF Unduplicated Pupil Student List, and to remove obsolete language regarding age eligibility.

Section X. Local Control and Accountability Plan has a technical amendment to add “estimated” to Procedure 3 to conform to Education Code

section 52064(b)(7).

Section Y. Independent Study — Course Based is amended to incorporate requirements of Education Code sections 51749.5 and 51749.6 into Procedures 1 and 2.

Section AZ. Educator Effectiveness is amended to change Procedures 1 and 2, and add Procedures 3 and 4, as a result of changes in Education Code

section 41480. Procedures 1 and 2 remove verification of the annual report and add language to determine whether LEAs developed and adopted a plan, and to include return of funds if not. Procedures 3 and 4 were added to address fees charged for services.

Section BZ. Expanded Learning Opportunities Grant (ELO–

G) is amended to make technical amend- ments to Procedure 2, and to delete Procedures 3 and 4, which pertained to one–time funding and distance learning.

Section CC. Nonclassroom–Based Instruction/In - dependent Study is amended to add and modify pro - cedures to ensure alignment with the amended pro - visions of independent study contained in Education Code

section 51747 (AB181). Additions:

Section TT. Home–To–School Transportation adds procedures for a new program that increases transpor- tation funding to school districts and county offices of education. The procedures verify LEAs’ compliance with requirements of Education Code sections 41850.1 and 39800.1, specifically the development of a plan de- scribing transportation services it will offer to pupils, including prioritization of services.

Section EZ. Transitional Kindergarten (TK) adds procedures for a new two–year kindergarten program to provide early education to ensure younger pupils obtain the necessary preparation to succeed in school. The procedures will verify LEAs and charter schools’ compliance with requirements of Education Code sec- tion 48000, including average class enrollment and adult to pupil ratio requirements.

Section UU. Independent Study Certification for ADA Loss Mitigation adds procedures to verify compliance with requirements of Education Code

section 42238.023, which would increase an LEAs 2021–22 average daily attendance for the Local Con - trol Funding Formula, to mitigate the negative impact COVID–19 had on attendance rates. LEAs are eligi - ble for the ADA Loss Mitigation funding if they meet specific requirements related to offering independent study programs or received a waiver.

The proposed supplemental 2022–23 Audit Guide includes the following changes to Appendices B and C: Appendix B — Amendment This rulemaking proposes technical amendments and additional audit procedures regarding modular school facilities piggyback contracts entered after Au- gust 21, 2022. Six sub–procedures were added to each of the following sections: I. Initial Steps, B. Documents Needed to Audit — All Projects Procedures 1 II. Non–Financial Hardship Projects, A. Closeout Audit, Procedures 8 II. Non–Financial Hardship Projects, B. Reduced to Costs Incurred, Procedures 15 III. Financial Hardship Projects, A.

Closeout Audit, Procedures 9 III. Financial Hardship Projects, B. Reduced to Costs Incurred, Procedures 16 IV. Career Technical Education, A. Closeout Audit, Procedures 8 IV. Career Technical Education, B. Reduced to Costs Incurred, Procedures 8 V. Charter School Facilities Program, A. Closeout Audit, Procedures 9 V. Charter School Facilities Program, B. Reduced to Costs Incurred, Procedures 8 Appendix B — Addition and Deletion This rulemaking adds additional procedures related to savings to each

section of Appendix B, and deletes two procedures related to savings and unspent funds in each section, as follows: III. Financial Hardship Projects, A. Closeout Audit, Procedures 22–23 III. Financial Hardship Projects, C. Savings Audit, Procedures 1–3 IV. Career Technical Education, A. Closeout Audit, Procedures 14–16 IV. Career Technical Education, C. Savings Audit, Procedures 1–3 V. Charter School Facilities Program, A. Closeout Audit, Procedures 22–23

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 533 V. Charter School Facilities Program, C. Savings Audit, Procedures 1–3 Appendix C — Amendment This rulemaking proposes technical amendments and additional audit procedures regarding modular school facilities piggyback contracts entered after Au- gust 21, 2022. Six sub–procedures were added to each of the following sections: I. Initial Steps, A., Procedures 1 (b), Reduction to Costs Incurred I. Initial Steps, B. Documents Needed to Audit — All Projects, Procedures 1 II. Full–Day Kindergarten Program, A.

Closeout Audit, Procedures 8 NOTE: The changes described above are already in effect on an emergency basis. DISCLOSURES REGARDING THE PROPOSED ACTION 1. Mandate on local agencies and school districts: None. 2. Cost to any local agency or school district which must be reimbursed: None. 3. Cost or savings to any state agency: None. 4. Other non–discretionary cost or savings imposed upon local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Significant effect on housing costs: None. 7.

Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. 8. The Economic Impact Assessment found that adoption of these regulations will not: ● create or eliminate jobs within California; ● create new businesses or eliminate existing businesses within California; or, ● affect the expansion of businesses currently doing business within California. ● benefit or harm worker safety or the state’s environment.

As stated in the Informative Digest/Policy Statement Overview above, EAAP has deter - mined that the proposed amendments will ulti - mately benefit the welfare of California residents by ensuring that local education agencies fol - low regulatory requirements, and that education funds are being properly utilized, which would ultimately affect the quality of pupils and stu - dents’ educational experiences. 9.

Cost impact on a representative private person or business: EAAP is not aware of any cost im - pacts that a representative private person or busi- ness would necessarily incur in reasonable com - pliance with the proposed action. 10. Business report requirements: None. 11. Effect on small businesses: The proposed regu - lations will have no effect on small businesses because they do not materially alter the require - ments for LEA audits.

TECHNICAL, THEORETICAL, OR EMPIRICAL STUDIES, REPORTS, OR DOCUMENTS EAAP relied upon the Controller’s Office letters dated January 30, 2023 and February 14, 2023, which proposed changes to the 2022–23 Audit Guide. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), EAAP must determine that no reason- able alternative it has considered or that has otherwise been identified and brought to the EAAP’s attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

AVAILABILITY OF RULEMAKING FILE The entire rulemaking file will be available for inspection and copying throughout the rulemaking process at EAAP’s office at the above address. As of the date this notice is published in the Notice Reg - ister, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and the Economic Impact Assessment. A copy may be obtained by contacting Timothy Morgan at the above address. The bill analyses are also avail - able online at http://leginfo.legislature.ca.gov/faces/ billSearchClient.xhtml.

AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the comment period, a hearing, if re - quested, and consideration of all timely and relevant comments received, EAAP may adopt the proposed regulations substantially as described in this notice. If EAAP makes modifications that are sufficiently related to the originally proposed text, the modified

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 534 text (with changes clearly indicated) will be available to the public for at least 15 days before EAAP adopts the regulations as revised. Requests for copies of any modified regulations should be sent to the attention of Timothy Morgan at the address stated above. EAAP will accept written comments on the modified regula - tions for 15 days after the date on which they are made available.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Ini - tial Statement of Reasons, text of the regulations in underline and strikeout, any changed or modified text, and the Final Statement of Reasons will be accessible through the EAAP website: www.eaap.ca.gov CONTACT PERSONS Direct inquiries concerning the proposed adminis - trative action, or requests for the proposed text, the Initial Statement of Reasons, any modified text of the regulations, or technical information supporting the rulemaking to Timothy Morgan, Staff Attorney, (916)445–7745, tmorgan@eaap.ca.gov, or Mary C.

Kelly, Executive Officer, (916)445–7745, mkelly@ eaap.ca.gov. TITLE 16. DENTAL HYGIENE BOARD TEMPORARY LICENSURE MILITARY SPOUSES OR PARTNERS NOTICE IS HEREBY GIVEN that the Dental Hygiene Board of California (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Over - view. Any person interested may present statements or arguments relevant to the action proposed in writing.

Written comments, including those sent by mail, fac - simile, or email to the addresses listed under Contact Person in this Notice, must be received by the Board at its office on Tuesday, June 6, 2023 by 5:00 p.m. The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 115.6, 1905, and 1906, and to implement, interpret or make specific BPC sections 115.6, 141, 480, 490, 1902.3, 1905, 1906, 1916, 1926.3, 1927, 1931, 1949, 1950, 1950.5, 1952, 1954, 1955, 1956, 1958.1, and 1962, the Board is con- sidering changes to Division 11 of Title 16 of the Cali- fornia Code of Regulations as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Dental Hygiene Board of California (Board or DHBC) is charged with oversight of registered dental hygienists (RDHs), registered dental hygienists in al - ternative practice (RDHAPs), and registered dental hy- gienists in extended functions (RDHEFs).

The Board carries out its regulatory authority through enforce - ment of statutory provisions of the Dental Practice Act, Business and Professions Code (BPC) sections 1900 through 1967.4, and Title 16 of the CCR. The Board’s core functions are issuing licenses to qualified applicants, investigating consumer complaints filed against licensees, disciplining licensees for sustained violations of the BPC and Title 16 of the CCR, regu - lating and approving RDH educational programs, and monitoring licensees placed on disciplinary probation by the Board.

Existing law requires specific boards (not DHBC) within the Department of Consumer Affairs (DCA) to issue, after appropriate investigation, certain types of temporary licenses to an applicant if the applicant meets specified requirements. These requirements in - clude supplying evidence satisfactory to the Board the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders (military spouse/partner). Assembly Bill 107 (Salas,

Chapter 693, Statutes of 2021) (AB 107) expanded the requirement to issue temporary licenses to practice a profession or vocation to include licenses issued by any board within DCA, and amended BPC

section 115.6 of the Code to include the DHBC. BPC

section 115.6 authorizes the Board to issue temporary licenses to military spouse/partner

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 535 applicants within 30 days of receiving required docu - mentation and upon passing a California law and eth - ics examination. Additionally, AB 107 amended BPC

section 115.6 providing temporary licenses are non - renewable and shall expire 12 months after issuance. (Bus. & Prof. Code, § 115.6, subdivison (h).) This proposal implements AB 107 by providing a means for a military spouse/partner to apply for tem - porary RDH licensure. The Board approved the proposed language after review at the November 19, 2022, Board meeting and delegated authority to the Board’s EO to make any technical, non–substantive changes, if necessary.

Anticipated Benefits of the Proposed Regulation: The anticipated benefits of the proposed regulation are: ● First, this proposal will allow an RDH licensed in another state to practice their chosen profes - sion.

This promotes safety of the public because the Board will ensure the military spouse/part - ner meets California licensing requirements and only issue temporary RDH licensure to those ap - plicants meeting all Board requirements. ● Second, this proposal will allow a military spouse/partner to work and provide income for their family while the military member is as - signed to a duty station in California.

This pro - motes the welfare of the public by providing a military member who is devoted to protecting our country the means to offset the financial hardship and burden for the relocating military member, and their family. Determination of Inconsistency and Incompatibility with Existing State Regulations: During the process of developing this regulation, the Board has conducted a search of any similar reg - ulations on this topic and has concluded the proposed regulatory action is not inconsistent or incompatible with existing state regulations.

Document Incorporated by Reference: Appli - cation for Temporary Licensure to Practice Dental Hygiene (Military Spouses/Partners), Form DHBC TEMP–01 (New 11/2022).

DISCLOSURES REGARDING PROPOSED ACTION The DHBC has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Under the proposed regulations, the Board antici - pates the following fiscal impact: A typical license review takes approximately 3.2 hours (1.5 hours of review time plus 1.7 hours to re - ceive and process application (30 minutes), cashier and data entry (20 minutes), respond to any inquiries (20 minutes), and the issuance of the license (20 minutes.) The work is conducted by a Staff Services Analyst at a cost of approximately $241 per license application.

The Board estimates receipt of 10 military spous - es/partners temporary licensure applicants per year, based on historical data. The total costs to the Board to issue 10 license applications is estimated to be $2,460 in year–one of implementation (with a 3 percent staff- ing costs annual growth factor) and up to $28,128 over a ten–year period. The Department of Justice will receive revenues of $32 per applicant related to processing fingerprint background checks, which would result in estimated revenues of $320 per year and up to $3,200 over a ten– year period.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Cost to any Local Agency or School District for which Government Code Sections 17500 through 17630 Require Reimbursement: None. Business Impact The proposed regulation will not have a significant, statewide adverse economic directly affecting busi - ness, including the ability of California businesses to compete with businesses in other states. This regulation will have a positive impact on busi - nesses.

This initial determination is based on the fol - lowing facts: The proposed regulatory language defines param - eters for the Board to issue temporary licensure to military spouses/partners and will provide additional, qualified licensees for businesses to employ. Based on historical numbers regarding expedited military li - cense applications, the Board estimates approximate - ly 10 applicants will apply for temporary licensure, thereby increasing the employment pool of qualified RDHs.

Cost Impacts on a Representative Private Person or Businesses: The Board has determined this regulatory action may have a minor impact on individuals applying for temporary licensure based on the cost for fingerprint processing of approximately $75. This cost consists of a fingerprint processing center fee of $26, a Depart - ment of Justice processing fee $32, and a Federal Bu - reau of Investigation processing fee $17, with all fees going to the respective businesses and state/federal agencies.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 536 Additionally, a temporary licensure applicant is re - quired to take a California Law and Ethics exam with an exam cost of $29, with the fee going directly to the exam center (PSI Services.) This regulation will have a slight economic impact on private businesses. This initial determination is based on the following facts: As mentioned above, private businesses providing fingerprint processing for temporary licensure appli - cants will collect a fee of $26 per applicant, which will result in estimated revenues of $260 per year.

Significant Effect on Housing Costs: None. Business Reporting Requirement: This regulation does not have any business report - ing requirements. Results of the Economic Impact Analysis/ Assessment: Impact on Jobs/Businesses: The Board has deter - mined this regulatory action may impact job availabil- ity slightly within the State of California because the proposed language in the regulation allows military spouses/partners licensed in other states to become employed as dental hygienists, thereby possibly de - creasing the ability for currently licensed dental hy - gienists to gain employment in California.

The Board determined this regulatory action will not create new businesses or eliminate existing busi - nesses, and will not affect the expansion of businesses currently doing business within the State of Califor - nia. The proposed language in the regulation defines parameters for the Board to issue temporary licensure to military spouses/partners. The Board has determined this regulatory action would not impact new businesses within the State of California. The proposed language in the regulation defines parameters for the Board to issue temporary licensure to military spouses/partners.

Benefits of the Proposed Action: This regulatory proposal positively impacts the health and welfare of California residents as the proposed language in the regulation ensures only qualified military spouses/ partners become licensed as dental hygienists. This regulatory proposal will not impact worker safety because this proposed regulation does not in - volve worker safety. This regulatory proposal will not affect the state’s environment because this proposed regulation does not involve environmental issues.

Effect on Small Business: The Board determined this regulatory action would have a positive impact on small businesses, including the ability of small business to compete in this state because the pro - posed language in the regulation defines parameters for the Board to issue temporary licensure to military spouses/partners and will provide additional, qualified licensees for small businesses to employ. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed regulatory action described in this Notice or would be more cost–effective to the affected pri - vate persons and equally effective in implementing the statutory policy or other provision of the law.

Interested persons are invited to present statements or arguments in writing relevant to the above determi- nations during the written comment period. CONTACT PERSONS Inquiries or comments concerning the proposed regulatory action may be directed to the following designated agency contact persons: Dental Hygiene Board of California Attention: Adina A.

Pineschi–Petty DDS 2005 Evergreen St, Ste. 1350 Sacramento, CA 95815 Phone: 916–576–5002 Email: adina.petty@dca.ca.gov Backup Contact Person: Attention: Anthony Lum 2005 Evergreen St, Ste. 1350 Sacramento, CA 95815 Phone: 916–576–5004 Email: anthony.lum@dca.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Dr. Pineschi–Petty at the above address. In her ab - sence, please contact the designated back–up contact person.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 537 A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the amendments as originally proposed, or with non–substantial or gram - matical modifications. The Board may also adopt the proposed regulatory language with other modifica - tions if the text as modified is sufficiently related to the originally proposed text that was noticed to the public.

In the event that such modifications are made, the full regulatory text, with the modifications clearly indicated, will be made available to the public for re - view and or written comment at least 15 days before it is adopted. The public may request a copy of the mod- ified regulatory text by contacting Dr. Pineschi–Petty at the address above. A VAILABILITY OF FINAL STATEMENT OF REASONS All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting Dr. Pineschi–Petty at the address above.

You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a writ - ten request to Dr. Pineschi–Petty at the address above or by accessing the website listed below. TEXT OF THE PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the ISOR, and all of the information on which the proposal is based, may be obtained upon request from the Board at 2005 Evergreen Street, Suite 1350, Sacramento, California 95815, or by accessing the Board’s website at https://www.dhbc.ca.gov/lawsregs/ index.shtml.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the ISOR, and the text of the regulations can be accessed through the Board’s website at https://www.dhbc.ca.gov/ lawsregs/index.shtml. TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY NOTICE IS HEREBY GIVEN that the Emergency Medical Services Authority (EMSA) is proposing to take the action described in the Informative Digest. Written comments, including those sent by mail, fac - simile, or email to addresses listed under Contact Per- son in this Notice, must be received by EMSA at its office by May 31, 2023.

The EMSA has not scheduled a public hearing on this proposed action. However, the EMSA will hold a hearing if it receives a written re - quest for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period. EMSA may thereafter adopt the proposal substantially as described below or may modify the proposal if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the per- son designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: The Health and Safety Code

Section 1797.107 authorizes EMSA to adopt the proposed regulations, which would implement, inter - pret, clarify, or make specific

Section 1797.112 of the Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Health and Safety Code Division 2.5) created EMSA and outlined its authorities, duties, and responsibili - ties. Included in the act are the authority and proce - dures for promulgating regulation (Health and Safety Code

section 1797.107), Health and Safety Code sec - tion 1797.112 creates the EMS personnel fund (Fund) along with requirement of the fund, which is main - tained by EMSA. EMSA is part of a two–tier system overseeing Emer- gency Medical Services. EMSA serves as the agency that sets statewide EMS system operation, data col - lection, communications, manpower, and training standards and a Local Emergency Medical Service Agency (LEMSA) provides EMS system oversight at the local level. Today, there are 34 LEMSAs in Cali - fornia. Most LEMSAs serve a single county, but other LEMSAs serve multiple counties.

The availability of pain–relieving medications is known to be susceptible to supply shortages. This issue has been exacerbated during the Covid–19 pandemic and subsequent supply chain disruptions. Having a shortage of any medication poses a serious obstacle when attempting to aid patients experiencing severe and intractable pain, often interfering with treatment and transportation. The current opioid epidemic fur - ther magnifies the need for alternative medications to

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 538 administer for pain management in patients currently addicted to or avoiding use of opioid medications. In addition, advances in medical science have shown a survival benefit in certain trauma patients who re - ceive tranexamic acid as early as possible after injury, as this medication can slow or stop internal bleeding. Conclusive survival benefits in randomized clinical trials have now made the use of tranexamic acid in the pre–hospital setting the “standard of care” for certain trauma patients.

While a LEMSA can request a local optional scope of practice (LOSOP) to provide these medications, the annual process of drafting, submit - ting, reviewing, and renewing individual applications for each medication type is a strain on the limited re - sources of many LEMSAs and must be renewed each year. Many LEMSAs who lack administrative capac - ity to participate in the LOSOP process cannot begin to pursue adding these additional practices, let alone adding pain relievers that have in the past two years experienced alarming national shortages. These regulations seek to address this issue.

The proposal provides for three pain relieving medications (ketamine, ketorolac, and acetaminophen IV), and one new medication (tranexamic acid) to slow bleeding af- ter major trauma. Specifically, the regulatory proposal is as follows: 1. Amend

section 100146(c)(1)(

R) of Division 9 of Title 22 of the California Code of Regulations Alters the standalone list of approved medications for use statewide to include four new medications without further review or approvals by EMSA on a temporary basis requiring regular renewal. Anticipated Benefits of the Proposed Regulations: These regulations will serve to counteract shortages, eliminating the need for LEMSAs to annually request using these medications and reducing the administra - tive burden in pursuing such a request.

Patients will receive improved care and EMS personnel will have fewer concerns when administering treatment, which will improve patient outcomes. Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, EMSA has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE None.

DISCLOSURES REGARDING THE PROPOSED ACTION Cost Impact on a Representative Private Person or Business: EMSA is not aware of any significant cost impacts that a state agency would incur in reasonable compliance with the proposed action. Cost or savings in federal funding to the state: None. Local mandate: None. Nondiscretionary costs or savings to local agen - cies: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code

Section 17500–17630: None. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost or savings to any state agency: None. Effect on small businesses: The proposed regula - tions will not affect small businesses because it is only updating the list of approved medications.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT Economic Impact Assessment: The EMSA concludes that it is: (1) unlikely that the proposal will eliminate any jobs or LEMSAs; (2) un - likely the proposal will create any new jobs; (3) un - likely the proposal will create new businesses or any new LEMSAs; (4) unlikely the proposal will eliminate any existing businesses in California or existing LEM- SAs; and (5) unlikely the regulations will result in the expansion businesses currently doing business within the state or expansion of LEMSAs currently operating in the state.

The health and welfare of California residents and anyone in California, as well as to a lesser de - gree worker safety, will benefit from the addition of these medications, by expanding the scope of prac - tice of EMS personnel and providing additional op - tions for providing pain relief through these additional medications. The proposal does not have any impact on the environment.

CONSIDERATION OF ALTERNATIVES The EMSA must determine that no reasonable alter- native to the regulation or has otherwise been identi - fied and brought to its attention would either be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, or would be more cost–effec-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 539 tive to affected private persons and equally effective in implementing statutory policy or other provision of law. Any interested person may present statements or ar- guments with respect to alternatives to the proposed regulations during the written comment period or at the scheduled hearing.

INITIAL STATEMENT OF REASONS, TEXT OF THE PROPOSAL, FINAL STATEMENT OF REASONS, AND RULEMAKING FILE Copies of the proposed text, any document incorpo- rated by reference, and the initial statement of reasons are available by contacting the person named below. All information upon which the proposed regu - lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below.

A copy of the final statement of reasons can be ob - tained once it has been completed, by making a re - quest to the contact person named below or by access- ing the website listed below.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the proposed text are available on the EMSA website at https://emsa.ca.gov/ public_comment/ CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Ashley Williams, Deputy Director of Legislative and External Affairs EMS Authority Address: 11120 International Drive, Suite 200 Rancho Cordova, CA 95670 Mobile: 916–591–3266 Email: Regulations@emsa.ca.gov The backup contact person is: Name: Kim Lew, Division Chief EMS Authority Address: 11120 International Drive, Suite 200 Rancho Cordova, CA 95670 Mobile: (916) 639–7846 Email: kim.lew@emsa.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION 2022 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (BSC 02/22) Notice is hereby given that the California Building Standards Commission proposes to adopt, approve, codify, and publish changes to building standards con- tained in the California Code of Regulations (CCR), Title 24,

Part 5. BSC is proposing building standards related to the 2022 California Plumbing Code (CPC). PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; howev - er, written comments will be accepted from April 21, 2023, until midnight on June 5, 2023. Comments may be submitted to the commission via: e–Comment form: dgs.ca.gov/BSC/e–comments Email: cbsc@dgs.ca.gov US Mail postmarked no later than June 5, 2023: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible format will be viewable via the commission’s website. Use the e–Comment form to ensure accessibility.

Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held. The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by the commission to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time, and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, the Building Standards Commission (BSC) may adopt the pro - posed building standards substantially as proposed in this notice or with modifications that are sufficiently

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 540 related to the original proposed text and notice of pro- posed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15 days prior to the date on which BSC adopts, amends, or re- peals the regulation(s). BSC will accept written com - ments on the modified building standards during the 15–day period. NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). BSC proposes to adopt these building standards un- der the authority granted by Health and Safety Code Sections 18931, 18932, 18934.5, 18940.5, 18941.8, and Water Code

Section 14877.1. The purpose of these building standards is to im - plement, interpret, or make specific the provisions of Health and Safety Code Sections 18931, 18932, 18934.5, 18940.5, 18941.8, 116875, 116876; SB 1194 (Chapter 839, Statutes of 2022). INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws HSC

Section 18931 establishes the duties of BSC to review and approve, return for amendment, or reject the building standards adopted by state agencies; cod- ify and publish the adopted and approved standards; resolve conflict; ensure consistency; hear appeals and adopt procedural regulations to administer these duties. HSC

Section 18932 establishes the contents and format of Title 24. HSC

Section 18934.5 authorizes BSC to adopt, ap- prove, codify, and publish building standards for the design and construction of state buildings, including California State University buildings and, to the ex - tent permitted by law, University of California build - ings, where no state agency has the authority to adopt building standards applicable to state buildings. HSC

Section 18940.5 requires agencies to refer - ence or reprint green building standards in other rele - vant portions of Title 24. HSC

Section 18941.8 requires BSC to adopt gray - water building standards for indoor and outdoor uses in nonresidential occupancies. HSC

Section 116875 specifies that no person shall use any pipe, pipe or plumbing fitting or fixture, sol - der, or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing water for human consumption, ex- cept when necessary for the repair of leaded joints of cast iron pipes and contains other provisions relative to lead content in plumbing fixtures. HSC

Section 116876 specifies that a person shall not manufacture, and offer for sale in the state, an end- point device intended to convey or dispense water for human consumption that leaches more than one mi - crogram of lead for test statistic Q or R, when normal- ized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effec - tive in the year 2020, and certified by an American National Standards Institute–accredited third party and contains other provisions relative to the lead con - tent of endpoint devices. HSC

Section 118507 (SB 1194,

Chapter 829, Stat- utes of 2022) authorizes local jurisdictions to require, by ordinance or resolution, that public restrooms con - structed within its jurisdiction be designed to serve all genders, as specified, instead of complying with the plumbing standards set forth in Title 24. This authori- ty will become inoperative and be repealed on the date that standards that address all gender multiuser facili - ties take effect in Title 24. Water Code

Section 14877.1 shifts the authority of the Department of Water Resources (DWR) for non - residential graywater building standards to BSC.

Summary of Existing Regulations The existing 2022 CPC is

Part 5 of the Califor - nia Code of Regulations, Title 24, also referred to as the California Building Standards Code. The 2022 CPC incorporates, by adoption by the BSC, the 2021 Uniform Plumbing Code (UPC) of the International Association of Plumbing and Mechanical Officials (IAPMO), with amendments for state buildings and buildings constructed by the University of Califor - nia and California State Universities. Additional BSC amendments reference and/or reprint green building standards into the 2022 CPC, as appropriate, pursuant to HSC

Section 18940.5.

Summary of Effect The proposed action will amend the current 2022 edition of the CPC which is based on the most recent edition of the 2021 UPC. These amendments are appli- cable to state buildings, state colleges and universities and will do the following: ● Add and amend

definitions in

Chapter 2 of the CPC. ● Add an exception to the Separate Facilities re - quirements in CPC

Chapter 4, allowing the de - sign of all–gender multi–user restrooms in state buildings, state colleges, and universities as an alternative.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 541 ● Restore and revise a pointer to statutes relative to lead content in plumbing fixtures and endpoint devices. ● Make editorial changes to currently adopt - ed amendments to improve clarity and prevent conflict. ● Once filed with Secretary of State, make the pro- posed amendments be codified and published as supplements by January 1, 2024, and become ef - fective July 1, 2024. Comparable Federal Statute or Regulations There are no comparable federal statutes or regula - tions related to the proposed action by BSC.

Policy Statement Overview The broad objectives of this proposal are to add an exception to the CPC Separate Facilities requirement, allowing for the design of all–gender multi–user re - strooms in state buildings, state colleges and univer - sities as an alternative. The proposal also contains editorial amendments that improve clarity and consis- tency within the CPC, including updated

definitions, corrected code

section references, and pointers to ex - isting statute and regulations. Providing the proposed exception will allow state buildings, state colleges and universities the ability to accept or require restrooms designed to be more inclusive of all genders. The bene- fit will be regulations which are more equitable across all genders, including the prevention of discrimination and the promotion of fairness and social equity. Ad - ditionally, the benefits of improving clarity and con - sistency in the CPC include the protection of public health and safety, worker safety, and the environment.

Evaluation of Consistency BSC has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations. The amendments are intended to provide regulatory consistency for the code user, and in some cases have been coordinated and/or co–adopted with the Division of the State Architect (DSA), the De - partment of Housing and Community Development (HCD), the Department of Health Care Access and Information (HCAI), and DWR. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap - plicable to BSC, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). BSC has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. BSC does not have authority to impose building standards or regulations on school districts. While local agencies (e.g., city and coun - ty building departments) are required to enforce the CPC, this proposal does not impose new mandates that would require state reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: Yes — See Economic and Fiscal Impact Statement (STD. 399) form and Attachment A — Cost Analysis B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings C. Cost to any school district required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings D. Other nondiscretionary cost or savings imposed on local agencies: No cost or savings E. Cost or savings in federal funding to the state: No cost or savings Estimate: See Economic and Fiscal Impact State- ment (STD. 399) form and Attachment A — Cost Analysis INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect. BSC has made an initial determination that these amendments will not have a significant statewide ad - verse economic impact on businesses, including the ability of California businesses to compete with busi -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 542 nesses in other states. These amendments apply to state buildings, state colleges and universities. Declaration of Evidence Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relied upon to sup - port its initial determination of no effect. BSC affirms that this rulemaking action complies with relevant sections of California Building Stan - dards Law and the Administrative Procedure Act, as well as public participation required by the California Administrative Code (Part 1 of Title 24).

BSC has de- termined that this regulatory action would not result in a significant adverse economic impact on Califor - nia business enterprises and individuals, including the ability of California businesses to compete with busi - nesses in other states. In addition to code changes that ensure clarity and consistency with existing statutes and regulations, Item 2 of this proposal contains an exception to the CPC separate facilities requirements that allows the option of designing newly construct - ed restrooms for use by all genders in state buildings, state colleges, and universities.

Because this is an alternative and not a mandatory requirement in the CPC, BSC anticipates no significant economic impact to business and has vetted the proposal during the pre- cycle phase of the 2022 Intervening Code Cycle.

In early 2022 BSC was contacted by members of the Government Operations Agency’s California Leads as an Employer LGBTQIA+ Subcommittee (including representatives from the California Department of Social Services, Department of Corrections and Re - habilitation, Department of Aging, and the Public Em- ployees Retirement Board) with a request to consider proposing an all–gender restroom exception in the 2022 CPC.

In April 2022 representatives from BSC and DSA participated in the American Institute of Ar- chitects Central Valley’s “We All Gotta Go — A Re - stroom for All” webinar, learning valuable informa - tion in the process. Throughout 2022 BSC and DSA closely monitored IAPMO’s development of an all– gender multi–user exception in the 2024 UPC, which is expected to be published in late March/early April 2023.

In July of 2022 BSC and DSA hosted a virtual All–Gender Plumbing Code precycle workshop at - tended by over 150 affected stakeholders and subject matter experts, considering different strategies, and receiving valuable feedback both during the meeting and afterwards via a precycle request for comments in September 2022. While BSC received support letters from various public and private entities, stakeholders also expressed concern with mandating all newly constructed public restrooms be designed to serve all genders.

It is import- ant to note that this proposal does not mandate that all new public restrooms be designed and constructed to serve all genders. Rather, it is an alternative that pro - vides state buildings, state colleges and universities with the option to do so should they choose. BSC and DSA have revised their co–adopted proposals, which “early adopt” the all–gender provisions that will likely be published in the 2024 UPC and further amending them based on stakeholder input.

BSC’s all–gender multi–user restroom proposal is based on similar pro - visions being developed by IAPMO for inclusion in the 2024 UPC (see 2024 UPC Report on Comments Items 93 and 94, as published in August 2022 ). Additional- ly, SB 1194 (Chapter 839, Statutes of 2022) authorizes city and county building departments to require that public restrooms constructed within its jurisdiction be designed to serve all genders instead of complying with the plumbing standards set forth in the California Building Standards Code.

This authority sunsets on the date that standards addressing all gender multiuser facilities take effect in Title 24. Editorial amendments within this proposal (e.g., revised definition, corrected code

section references, pointers to existing statute and regulations, etc.) have been coordinated with HCD, DSA, HCAI, and DWR with no intended change in regulatory effect and no anticipated economic impact on businesses. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFAR E Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. No report is required for these proposed amend - ments to the CPC. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative pri - vate person or business would necessarily incur in reasonable compliance with the proposed action. If no cost impact, provide the following statement: While not mandatory, if the all–gender multi–user restroom exception is utilized by a state building, state college or university it could result in additional costs to design and construct restrooms that serve all genders.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 543 ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). BSC has assessed whether and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. BSC’s all–gender multi–user restroom excep - tion—if utilized by the regulated community— could create more jobs in the design and con - struction of restrooms in state buildings, state colleges and universities. B. The creation of new businesses or the elimina- tion of existing businesses within the State of California.

BSC’s all–gender multi–user restroom excep - tion—if utilized by the regulated community— could create new business for architects and con- tractors that design and construct restrooms in state buildings, state colleges and universities. C. The expansion of businesses currently doing business within the State of California. BSC’s all–gender multi–user restroom excep - tion—if utilized by the regulated community— could expand existing business for architects and contractors that design and construct restrooms in state buildings, state colleges and universities. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. By providing the proposed exceptions it will al - low the regulated community the ability to ac - cept or require restrooms in state buildings, state colleges and universities to be designed to be more inclusive of all genders. The benefit will be regulations which are more equitable across all genders. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). BSC has determined there would be no cost to com- ply with these proposed building standards with re - spect to housing costs as BSC does not have authority to impose building standards or regulations applicable to housing. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). On July 19, 2022, BSC and DSA considered various alternatives for an all–gender multiuser restroom ex - ception during its All–Gender Plumbing Code Work - shop, including the following: 1. Wait to adopt the all–gender provisions in the 2024 UPC during the 2024 Triennial Code Adoption Cycle. 2. Early adopt IAPMO’s 2024 UPC All–Gender proposal during the 2022 Intervening Code Adoption Cycle. 3. Amend

Chapter 29 of the 2022 California Building Code (Part 2 of Title 24) during the 2022 Intervening Code Cycle (not currently ad - opted by California). 4. Copy elements of International Building Code

Section 2902 into the CPC during the 2022 Intervening Code Cycle (not currently adopted by California). 5. Add a pointer to SB 1194 (Chapter 839, Statutes of 2022). Based on feedback received during the workshop it was determined that early adopting and further amending IAPMO’s 2024 UPC All–Gender propos - al (Option 2 above) was the most appropriate and least burdensome path forward as California already adopts the UPC pursuant to State Housing Law and Building Standards Law (see Health and Safety Code Sections 17922, 18916, 18928, and 18928.1).

However, waiting to adopt the 2024 UPC (Option 1) was ruled out because those standards would not become effec - tive until January 1, 2026, and stakeholders indicated that the exception for all–gender restrooms is need - ed much sooner. Alternatives to consider language in

Chapter 29 of the CBC/IBC (Options 3 and 4) were rejected because California historically has not ad - opted this

chapter and doing so would have required plumbing standards in multiple Parts of Title 24 which would likely create confusion for the code user. Add - ing a pointer to recently enacted SB 1194 was ruled out because while it provides the exception to design all–gender restrooms to city and county building de - partments, it does not address the occupancies under BSC’s authority (state buildings, state colleges and universities).

BSC has received multiple comments in support of early adopting and further amending IAPMO’s 2024 UPC All–Gender proposal, including from the City of Santa Monica, the City of Foster City, the University of California, the Los Angeles Depart - ment of Water and Power and the California State Pipe Trades Council.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 544 A VAILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20). All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the commission website: dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a) (19). Interested parties may obtain a copy of the final statement of reasons, once it has been prepared, by making a written request to the contact person named below or at the commission website: dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a) (2.1). BSC shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accom - modate a person with a visual or other disability for which effective communication is required under state or federal law. The statement shall note that providing the accessible description of proposed changes may require extending the period of public comment for the proposed action. BSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14).

General questions regarding procedural and admin - istrative issues should be addressed to: Irina Brauzman, Associate Architect 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263–0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive or tech- nical aspects of the proposed changes to the building standards should be addressed to: Primary Contact: Kevin Day, Deputy Executive Director California Building Standards Commission (916) 263–5888 Kevin.Day@dgs.ca.gov Back up Contact: Beth Maynard, Associate Construction Analyst California Building Standards Commission (916) 263–5383 Beth.Maynard@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION/DIVISION OF THE STATE ARCHITECT 2022 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (DSA–SS 05/22) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Di - vision of the State Architect (DSA–AC) proposes to adopt, approve, codify, and publish changes to build - ing standards contained in the California Code of Regulations (CCR), Title 24,

Part 5. The DSA–SS and DSA–SS is proposing building standards related to the 2022 California Plumbing Code (CPC). PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(17). A public hearing has not been scheduled; howev - er, written comments will be accepted from 21 April 2023 until midnight on 5 June 2023. Comments may be submitted to CBSC via: e–Comment form: dgs.ca.gov/BSC/e–comments US Mail postmarked no later than 5 June 2023: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible format will be viewable via CBSC’s website. Use the e–Comment form to ensure accessibility.

Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held. The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 545 POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, the Building Standards Commission (BSC) may adopt the pro - posed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of pro- posed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15 days prior to the date on which BSC adopts, amends, or re- peals the regulation(s).

BSC will accept written com - ments on the modified building standards during the 15–day period. NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

Section 11346.5(a)(2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code

Section 18928. DSA–SS is proposing this regulatory action under the authority granted Education Code Sections 17310 and 81142. For DSA–SS the purpose of these building stan - dards is to implement, interpret, or make specific the provisions of Education Code Sections 17280 through 17317, and 81130 through 81147 and 81052. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Sections 17310 and 81142 of the Education Code au- thorize the State Architect to establish building stan - dards for the design, construction and inspection of building systems for public elementary and secondary schools and community colleges. Sections 17280 through 17317, Sections 81130 through 81147 and

Section 81052 of the Education Code authorizes the Division of the State Architect to oversee the design and construction of all public K–12 schools and Community Colleges respectively.

Summary of Existing Regulations

Part 3, California Electrical Code, which prescribe the design and construction requirements for electrical systems of public elementary and secondary schools, and community colleges.

Part 4, California Mechanical Code, which pre - scribe the design and construction requirements for mechanical systems of public elementary and second- ary schools and community colleges.

Part 5, California Plumbing Code, which prescribe the design and construction requirements for plumbing systems of public elementary and secondary schools, and community colleges.

Part 6, the California Energy Code, which contains minimum energy efficiency standards for the non– residential buildings in California promulgated by the California Energy Commission (CEC).

Part 11, the California Green Building Standards Code (CALGreen), which contains mandatory and voluntary green building standards for residential and non–residential facilities and mandatory measures for public schools and community colleges. Other relevant CCR titles: Title 17 includes regulations for air quality promul- gated by the California Air Resources Board.

Summary of Effect The proposed action will amend the current 2022 edition of the CPC which is based on the most recent edition of the 2021 Uniform Plumbing Code (UPC). These amendments are applicable to elementary and secondary public schools and community colleges and will do the following: ● Add and amend

definitions in

Chapter 2 of the CPC. ● Add an exception to the Separate Facilities re - quirements in CPC

Chapter 4, allowing the de - sign of all–gender multi–user restrooms in state buildings, state colleges, and universities as an alternative. ● Amend to add an enumerated

section and renum- ber the following

section to preserve sequencing. ● Once filed with Secretary of State, make the pro- posed amendments be codified and published as supplements by January 1, 2024, and become ef - fective July 1, 2024. Comparable Federal Statute or Regulations There are no comparable federal statutes or regula - tions related to the proposed action by DSA. Policy Statement Overview The broad objectives of this proposal are to add an exception to the CPC Separate Facilities requirement, allowing for the design of all–gender multi–user re - strooms in public elementary and secondary schools and community colleges The proposal also contains updated

definitions, renumbered code

section refer - ences. Providing the proposed exception will allow public schools and community colleges to provide restrooms designed to be more inclusive of all gen - ders. The benefit will be regulations which are more equitable across all genders, including the prevention of discrimination and the promotion of fairness and social equity. Additionally, the benefits of improving

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 546 clarity and consistency in the CPC include the protec- tion of public health and safety, worker safety, and the environment. Evaluation of Consistency DSA has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

Section 11346.5(a)(4). There are no other matters prescribed by statute ap - plicable to DSA, or to any specific regulation or class of regulations. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: Government Code

Section 11346.5(a)(5). DSA has determined that the proposed regulatory action would not impose a mandate on local agencies or school districts. This proposal does not impose new mandates that would require state reimbursement pur- suant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc - tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: YES — See Economic and Fiscal Impact Statement (STD. 399) form and Attachment 1 — Cost Analysis B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings C. Cost to any school district required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4: No cost or savings D. Other nondiscretionary cost or savings imposed on local agencies: NO cost or savings E. Cost or savings in federal funding to the state: No cost or savings Estimate: See Economic and Fiscal Impact State- ment (STD. 399) form and Attachment 1 INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA has made an initial determination that these amendments will not have a significant statewide ad - verse economic impact on businesses, including the ability of California businesses to compete with busi - nesses in other states.

These amendments apply to el - ementary and secondary public schools and commu - nity colleges. Declaration of Evidence Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relied upon to sup - port its initial determination of no effect. BSC affirms, and DSA concurs, that this rulemak - ing action complies with relevant sections of Califor - nia Building Standards Law and the Administrative Procedure Act, as well as public participation required by the California Administrative Code (Part 1 of Title 24).

DSA has determined that this regulatory action would not result in a significant adverse economic im- pact on California business enterprises and individu - als, including the ability of California businesses to compete with businesses in other states. In addition to code changes that ensure clarity and consistency with existing statutes and regulations, Item 2 of this proposal contains an exception to the CPC Separate Facilities requirements that allows the option of de - signing newly constructed restrooms for use by all genders in state buildings, state colleges, and univer - sities.

Because this is an alternative and not a man - datory requirement in the CPC, DSA anticipates no significant economic impact to business and has vet - ted the proposal during the precycle phase of the 2022 Intervening Code Cycle.

In early 2022 BSC was contacted by members of the Government Operations Agency’s California Leads as an Employer LGBTQIA+ Subcommittee (including representatives from the California Department of Social Services, Department of Corrections and Re - habilitation, Department of Aging, and the Public Em- ployees Retirement Board) with a request to consider proposing an all–gender restroom exception in the 2022 CPC. In April 2022 representatives from BSC and DSA participated in the American Institute of Ar-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 547 chitects Central Valley’s “We All Gotta Go — A Re - stroom for All” webinar, learning valuable informa - tion in the process. In May of 2022 DSA presented to schools stakeholders during the “Safe Schools Bath - rooms Ad Hoc Committee” meeting hosted by CDE. During this meeting DSA received input from a broad range of participants. Throughout 2022 BSC and DSA have closely monitored IAPMO’s development of an all–gender multi–user exception in the 2024 UPC, which is expected to be published in Spring 2023.

In July of 2022 BSC and DSA hosted a virtual All– Gender Plumbing Code precycle workshop attended by over 150 affected stakeholders and subject matter experts, considering different strategies, and receiving valuable feedback both during the meeting and after - wards via a precycle request for comments in Septem- ber 2022. While BSC received, and forwarded to DSA, sup - port letters from various public and private entities, stakeholders also expressed concern with mandating all newly constructed public restrooms be designed to serve all genders.

It is important to note that this pro - posal does not mandate that all new public restrooms be designed and constructed to serve all genders. Rather, it is an alternative that provides elementary and secondary schools and community colleges with the option to do so should they choose. DSA and BSC have revised their co–adopted proposals, which “ear - ly adopt” the all–gender provisions that will likely be published in the 2024 UPC and further amending them based on stakeholder input.

DSA ’s and BSC’s co–adopted all–gender multi–user restroom proposal is based on similar provisions be - ing developed by IAPMO for inclusion in the 2024 UPC (see 2024 UPC Report on Comments Items 93 and 94, as published in August 2022 ). Additionally, SB 1194 (Chapter 839, Statutes of 2022) authorizes city and county building departments to require that public restrooms constructed within its jurisdiction be designed to serve all genders instead of complying with the plumbing standards set forth in the California Building Standards Code.

This authority sunsets on the date that standards addressing all gender multiuser facilities take effect in Title 24. Editorial amendments within this proposal (e.g., re- vised definition, and revised code

section references) have been coordinated with HCD, DSA, HCAI, and DWR with no intended change in regulatory effect and no anticipated economic impact on businesses. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFAR E Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. No report is required for these proposed amend - ments to the CPC. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative pri - vate person or business would necessarily incur in reasonable compliance with the proposed action. If no cost impact, provide the following statement: While not mandatory, if the all–gender multi–user restroom exception is utilized by a public elementary or secondary school or a community college it could result in additional costs to design and construct re - strooms that serve all genders. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). DSA has assessed whether and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. DSA ’s all–gender multi–user restroom excep - tion—if utilized by the regulated communi - ty—could create more jobs in the design and construction of restrooms in public schools and community colleges. B. The creation of new businesses or the elimina- tion of existing businesses within the State of California.

DSA ’s all–gender multi–user restroom excep - tion—if utilized by the regulated community— could create new business for architects and con- tractors that design and construct restrooms in public schools and community colleges. C. The expansion of businesses currently doing business within the State of California. DSA ’s all–gender multi–user restroom excep - tion — if utilized by the regulated community — could expand existing business for architects and contractors that design and construct restrooms in public schools and community colleges

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 548 D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. By providing the proposed exceptions it will al - low the regulated community the ability to accept or require restrooms in public schools and com - munity colleges to be designed to be more inclu - sive of all genders. The benefit will be regulations which are more equitable across all genders. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA has determined there would be no cost to com- ply with these proposed building standards with re - spect to housing at a place of public education costs. DSA does not have authority to impose building standards or regulations applicable to housing under Housing and Community Development authority. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). On July 19, 2022, BSC and DSA considered various alternatives for an all–gender multiuser restroom ex - ception during its All–Gender Plumbing Code Work - shop, including the following: 1. Wait to adopt the all–gender provisions in the 2024 UPC during the 2024 Triennial Code Adoption Cycle. 2. Early adopt IAPMO’s 2024 UPC All–Gender proposal during the 2022 Intervening Code Adoption Cycle. 3. Amend

Chapter 29 of the 2022 California Building Code (Part 2 of Title 24) during the 2022 Intervening Code Cycle (not currently ad - opted by California). 4. Copy elements of International Building Code

Section 2902 into the CPC during the 2022 Intervening Code Cycle (not currently adopted by California). 5. Add a pointer to SB 1194 (Chapter 839, Statutes of 2022). Based on feedback received during the workshop it was determined that early adopting and further amending IAPMO’s 2024 UPC All–Gender propos - al (Option #2 above) was the most appropriate and least burdensome path forward as California already adopts the UPC pursuant to State Housing Law and Building Standards Law (see Health and Safety Code Sections 17922, 18916, 18928, and 18928.1).

However, waiting to adopt the 2024 UPC (Option #1) was ruled out because those standards would not become effec - tive until January 1, 2026, and stakeholders indicated that the exception for all–gender restrooms is need - ed much sooner. Alternatives to consider language in

Chapter 29 of the CBC/IBC (Options 3 and 4) were rejected because California historically has not ad - opted this

chapter and doing so would have required plumbing standards in multiple Parts of Title 24 which would likely create confusion for the code user. Add - ing a pointer to recently enacted SB 1194 was ruled out because while it provides the exception to design all–gender restrooms to city and county building de - partments, it does not address the occupancies un - der DSA ’s authority (public schools and community colleges).

BSC has received, and forwarded to DSA, multiple comments in support of early adopting and further amending IAPMO’s 2024 UPC All–Gender proposal, including from the City of Santa Monica, the City of Foster City, the University of California, the Los Angeles Department of Water and Power and the California State Pipe Trades Council. A VAILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20).

All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the commission website: dgs.ca.gov/BSC. Reference: Government Code

Section 1346.5(a)(19). Interested parties may obtain a copy of the final statement of reasons, once it has been prepared, by making a written request to the contact person named below or at the commission website: dgs.ca.gov/BSC. Reference: Government Code

Section 11346.5(a)(21). BSC shall provide, upon request, a description of proposed changes included in the proposed action, in the manner provided by

Section 11346.6, to accom - modate a person with a visual or other disability for which effective communication is required under state or federal law. The statement shall note that providing the accessible description of proposed changes may require extending the period of public comment for the proposed action. BSC CONTACT PERSON FOR PROCEDURAL AND ADMINISTRATIVE QUESTIONS Reference: Government Code

Section 11346.5(a)(14). General questions regarding procedural and admin - istrative issues should be addressed to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 549 Irina Brauzman, Associate Architect 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263–0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive or tech- nical aspects of the proposed changes to the building standards should be addressed to: Primary Contact: Eric Driever, Principal Architect Division of the State Architect Headquarters, Codes and Policies (916) 443–9829 eric.driever@dgs.ca.gov Back up Contact: Michelle Golden, Senior Architect Division of the State Architect (858) 674–5453 michelle.golden@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2022 CALIFORNIA PLUMBING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 5 (HCD 02/22) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the De - partment of Housing and Community Development (HCD) proposes to adopt, approve, codify, and pub - lish changes to building standards contained in the California Code of Regulations (CCR), Title 24,

Part 5. HCD is proposing building standards related to the adoption of the 2023 California Plumbing Code. PUBLIC COMMENT PERIOD Reference: Government Code

section 11346.5(a)(17). A public hearing has not been scheduled; howev - er, written comments will be accepted from April 21, 2023, until midnight on June 5, 2023. Comments may be submitted to CBSC via: e–Comment form: dgs.ca.gov/BSC/e–comments US Mail postmarked no later than June 5, 2023: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible format will be viewable via CBSC’s website. Use the e–Comment form to ensure accessibility.

Any interested person, or his or her duly authorized representative, may request no later than 15 days prior to the close of the written comment period that a pub - lic hearing be held. The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con - ducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly in - dicated, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15–day period.

NOTE: To be notified of any modifications, you must submit written/oral comments or request that you be notified of any modifications. AUTHORITY AND REFERENCE Reference: Government Code

section 11346.5(a)(2). CBSC proposes to adopt these building standards under the authority granted by Health and Safety Code

section 18949.5. The purpose of these building stan - dards is to implement, interpret, or make specific the provisions of Business and Professions Code Division 5; Health and Safety Code sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, 18938.3, 19960 through 19997, and 116875 and 116876; Civil Code sections 1101.3, 1101.4, 1101.5, 1954.201 and 1954.202; and Govern - ment Code sections 12955.1, 12955.1.1 and 65852.2;

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 16-Z 550 Water Code Sections 516 and 517; and California Code of Regulations, Title 20, sections 1605.1, 1605.3 and 1607. The Department of Housing and Community De - velopment is proposing this regulatory action based on authority granted in Health and Safety Code sec - tions 17040, 17920.9, 17921, 17921.5, 17921.10, 17922, 17922.12, 17922.14, 17928, 18552, 18554, 18620, 18630, 18640, 18690, 18691, 18865, 18871.3, 18871.4, 18873, 18873.1, 18873.2, 18938.3, 18944.11, and 19990; and Government Code sections 12955.1 and 12955.1.1. INFORMATIVE DIGEST Reference: Government Code

section 11346.5(a)(3).

Summary of Existing Laws Health and Safety Code,

section 17000 through 17062.5, establishes requirements for permits, fees, and responsibilities of employee housing operators and enforcement agencies, including the HCD. Health and Safety Code,

section 17040, requires HCD to adopt building standards for employee hous - ing for “... the protection of the public health, safety, and general welfare of employees and the public, gov- erning the erection, construction, enlargement, con - version, alteration, repair, occupancy, use, sanitation, ventilation, and maintenance of all employee housing.” Health and Safety Code,

section 17910 through 17995.5, assures the availability of affordable housing and uniform statewide code enforcement to protect the health, safety, and general welfare of the public and occupants of housing and accessory buildings. As part of this responsibility, HCD may propose regulations (building standards) related to construction of hotels, motels, lodging houses, apartments, dwellings and accessory buildings thereto; and maintenance, use, occupancy, repair, alteration, moving, and demolition of existing hotels, motels, lodging houses, apartments, dwellings, and accessory buildings.

The building stan- dards are published in the California Code of Regula - tions, title 24, known as the California Building Stan - dards Code. Health and Safety Code,

section 17920.9, requires HCD to adopt, amend, or repeal regulations for the provision of minimum fire safety and fire–resistant standards relating to the manufacture, composition, and use of foam building systems manufactured for use, or