(Continued on next page) REGISTER Time- Dated Material EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2018, NO. 46−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 16, 2018 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No. Z2018−1106−04 .......................................... 1997 Amendment Multi−County: California Joint Powers Insurance Authority Carpinteria Sanitary District Santa Clarita Valley Water Agency San Francisco Bay Restoration Authority Red Bluff Joint Union High School District TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Statement of Economic Interests (SEI) Electronic Filing Requirements — Notice File No. Z2018−1106−03 ...... 1998 TITLE 2. STATE LANDS COMMISSION Permits for Geophysical Surveys — Notice File No. Z2018−1106−05 .................................... 1999 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Eradication Area — El Dorado and Shasta Counties — Notice File No. Z2018−1106−02 ..... 2003 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Code of Ethics — Notice File No. Z2018−1102−02 .................................................. 2005 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Minimum Standards for Training — Notice File No. Z2018−1106−06 .................................... 2007 TITLE 14. FISH AND GAME COMMISSION Filleting of Fish on Vessels, California Sheephead — Notice File No. Z2018−1106−09 ...................... 2009 TITLE 18. FRANCHISE TAX BOARD Withholding Regulations — Notice File No. Z2018−1102−01 .......................................... 2011 TITLE 20. CALIFORNIA ENERGY COMMISSION Appliance Efficiency Regulations — Notice File No. Z2018−1106−01 .................................... 2016

TITLE 27. ENVIRONMENTAL PROTECTION AGENCY Unified Program — CERS3 Data Registry — Notice File No. Z2018−1106−07 ............................ 2021 TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65

Article 6 Responsibility Exposure Warnings — Notice File No. Z2018−1106−08 ............... 2025 OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION 2018 OAL DETERMINATION NO. 4(S) —

SUMMARY DISPOSITION California Department of Corrections and Rehabilitation Department of Operations Manual (DOM)

Section 54010.22; Correspondence between Inmates/Parolees/Probationers .............................. 2028 DISAPPROV AL DECISION BUREAU OF REAL ESTATE APPRAISERS Form Updates ............................................................................... 2030

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 2030 Sections Filed, June 6, 2018 to November 7, 2018 ................................................... 2033 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 1997 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: California Joint Powers Insurance Authority Carpinteria Sanitary District Santa Clarita Valley Water Agency San Francisco Bay Restoration Authority Red Bluff Joint Union High School District A written comment period has been established com- mencing on November 16, 2018, and closing on De- cember 31, 2018.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than December 31, 2018. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

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

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

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 1998 A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the “Commission’’), under the authority vested in it under the Political Reform Act (the “Act”) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after December 20, 2018, at the of- fices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments must be received at the Commission offices no later than 5:00 p.m. on December 18, 2018. BACKGROUND/OVERVIEW

Section 87500.2 of the Act authorizes an agency to permit electronic filing of a statement of economic in- terests (“SEI’’) and governs an agency’s electronic fil- ing of SEIs. It also requires the Commission to develop database design requirements for electronic filings, and review and certify agency electronic filing systems. Further,

Section 87500.2 permits the Commission to audit an agency system to evaluate its performance to ensure compliance with the requirements of the statute, and authorizes the Commission to adopt regulations im- plementing its provisions. Existing Regulation 18756 implements

Section 87500.2 and further clarifies its provisions. Commission staff has identified an issue with some agencies’ electronic filing systems: those agencies’ sys- tems are currently incapable of autonomously transfer- ring data to or receiving data from the Commission’s electronic filing system. Current Regulation 18756 does not specifically refer to data exchange require- ments for electronic filing systems.

To address this issue, Commission staff has prepared amendments to Regulation 18756 requiring an agen- cy’s electronic filing system to “meet data exchange re- quirements necessary for the free exchange of data be- tween the agency’s system and the Commission’s elec- tronic filing system.” The proposed amendments to Regulation 18756 would also make technical, non− substantive changes updating the regulation. REGULATORY ACTION Amend 2 Cal. Code Regs.

Section 18756 — State- ments of Economic Interests: Certification of Electronic Filing Systems. Commission staff proposes amendment of Regulation 18756 to ensure an agency’s electronic filing system for SEIs incorporates the Data Exchange Requirements necessary to interface with the Commission’s electronic filing system. SCOPE The Commission may adopt the language noticed herein or it may choose new language to implement its decisions concerning the issues identified above or re- lated issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government.

This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act.

Section 87500.2 authorizes the Commission to adopt regulations implementing its provisions. REFERENCE The purpose of Regulation 18756 is to clarify and im- plement

Section 87500.2. 1 The Political Reform Act is contained in Government Code Sec- tions 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 1999 CONTACT Any inquiries should be made to Matthew F. Christy, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. The language of the proposed amendment of Regulation 18756 can be ac- cessed at http://www.fppc.ca.gov/the−law/fppc− regulations/proposed−regulations−and−notices.html. TITLE 2. STATE LANDS COMMISSION TITLE 2. ADMINISTRATION DIVISION 3. STATE PROPERTY OPERATIONS

CHAPTER 1. STATE LANDS COMMISSION

ARTICLE 2.9.1. PERMITS FOR GEOPHYSICAL SURVEYS The California State Lands Commission (Commis- sion) will decide whether to adopt the regulations de- scribed below after considering all comments, objec- tions, or recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Commission proposes to adopt

Article 2.9.1 within Title 2, Division 3,

Chapter 1 of the California Code of Regulations. The sections within this

Article would govern the issuance of permits for the conduct of geophysical surveys on State sovereign lands, includ- ing granted and ungranted tidelands and submerged lands. Specifically, the proposed regulatory action will: • Reserve

section 2100.01; • Adopt

section 2100.02 to define the purpose and applicability for the provisions of

article 2.9.1; • Adopt

section 2100.03 to define specific terms to provide clarity for the provisions of

Article 2.9.1; • Adopt

section 2100.04 to establish the types of activities that are, or are not, subject to the requirements of

Article 2.9.1 and a fee structure; • Adopt

section 2100.05 to establish the types of permits that the Commission may issue for the conduct of geophysical activities and requirements as they pertain to holding those permits; • Adopt

section 2100.06 to establish the effective term for each class of permit to be issued by the Commission under the proposed regulatory action; • Adopt

section 2100.07 establishing the pre−survey, operational, and post−survey requirements necessary to conduct a permitted geophysical survey; • Adopt

section 2100.08 establishing the public notice requirements and procedures prior to conducting a geophysical survey; • Adopt

section 2100.09 establishing the process and procedure for permit suspension or revocation; and, • Adopt

section 2100.10 establishing the Commission’s process for enforcing the requirements within the proposed regulations. The proposed regulatory actions are in accordance with the authority granted by

section 6212.3 of the Cali- fornia Public Resources Code. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulatory action to the Commission. The written comment period closes at 5:00 p.m. on January 4, 2019. The Commission must receive all written com- ments by that time.

Submit written comments to: Kelly Keen Environmental Scientist California State Lands Commission 100 Howe Ave., Suite 100−South Sacramento, CA 95825 Written comments may also be submitted by facsimi- le to (916) 574−1855 or by email to cslc.regulations@slc.ca.gov. Please include “Article 2.9.1 Comments” in the subject line of the email. PUBLIC HEARING Commission staff has scheduled a public hearing on this proposed action on January 4, 2019, at 10:00 a.m. PST.

The location of the hearing is: California State Lands Commission Main Conference Room 100 Howe Ave., Suite 100−South Sacramento, CA 95825 The hearing location is accessible for persons with disabilities. At the hearing, any person may present oral

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2000 or written statements or arguments relevant to the pro- posed action. The public hearing will conclude once all who are present and wish to speak have had an opportu- nity to speak. AUTHORITY AND REFERENCE Authority: Public Resources Code sections 6108, 6212.3 and 6218 provide the Commission with the au- thority to adopt regulations as necessary to implement the provisions of a permit program for geophysical sur- veys on state sovereign lands, including granted and un- granted tidelands and submerged lands.

Reference: The proposed regulations would imple- ment, interpret, and make specific Public Resources Code sections 6212.3 and 6826. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The purpose of this proposed rulemaking is to estab- lish a permit program for the conduct of geophysical surveys on state lands including granted and ungranted tidelands and submerged lands. The proposed

Article 2.9.1 will identify the geophysical survey activities that will require a permit, the terms and operational condi- tions of each permit, and administrative requirements for both the Commission and permittee. The Commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state extending from the mean high tide out to 3 nautical miles. Since the early 1980s the Commission has ad- ministered a limited program to permit companies and individuals to conduct offshore geophysical surveys for mapping and exploring the ocean floor and sub−floor.

Most geophysical surveys permitted by the Commis- sion were conducted to prospect for mineral resources, mostly oil and gas, utilizing electromagnetic acoustic generating equipment such as towed sonar arrays or pressure generated from airguns or explosives. Over the last two decades, mineral exploration has become a small percentage of geophysical survey activity on state lands with most activity related to infrastructure, arche- ological and cultural exploration, and scientific explo- ration of the ocean floor utilizing a variety of acoustic generating equipment of varying frequency and decibel levels.

The state of knowledge has begun to identify that geophysical survey activities using equipment previ- ously deemed innocuous, such as sonar, chirps, spark- ers, and echosounders, can impact the environment.

In 2015, the California Legislature passed AB 1274 (Chapter 600) codified as Public Resources Code sec- tion 6212.3, declaring that “[t]he state has a responsibil- ity to establish conditions to ensure that geophysical surveys performed on state lands under its jurisdiction, including granted and ungranted tidelands and sub- merged lands . . . do not cause harm or damage to aquat- ic life or to the marine and coastal environment.” This proposed rulemaking intends to carry out the directives of

Chapter 600. The objectives of this proposed rule- making are: (1) to ensure that geophysical surveys are conducted pursuant to a Commission−issued permit; (2) ensure that geophysical surveys occur in a manner that is protective of public safety and the environment; (3) and ensure that the public has adequate notice of the occurrence of geophysical surveys and where they oc- cur. This proposed rulemaking accomplishes the first ob- jective by making specific the scope of activities that re- quire a permit from the Commission and, importantly, what activities do not require a permit.

In addition, the rulemaking establishes two permit types based on the planned activity. This proposed rulemaking accomplishes the second objective by establishing requirements for pre−survey activities, operations, and post−survey activities that will minimize environmental impact and enhance pub- lic safety. Proposed permit conditions were developed to mitigate potential significant impacts as identified in the Low−Energy Offshore Geophysical Permit Pro- gram Update Mitigated Negative Declaration, State Clearinghouse No. 2013072021, and a 2014 Addendum.

The proposed rulemaking accomplishes the third ob- jective by establishing a public notification procedure for alerting interested parties when and where a permit- ted geophysical survey will occur. In addition, a process for communicating permit requirements will be estab- lished and a cease and desist procedure identified for in- creasing permit compliance. It is anticipated that the proposed rulemaking will benefit the natural environment by ensuring that geo- physical surveys are conducted in a manner that mini- mizes impact to marine mammals from manmade sounds generated from survey activities.

The proposed rulemaking is consistent with existing state law because it is the only regulation addressing the conduct of geophysical activities in state waters. There are no similar existing federal statutes or regulations af- fecting geophysical survey activity in state waters. PRE−RULEMAKING CONSULTATION The Commission held an informal comment period from March 7, 2016, through April 6, 2016. The com- ments received from that informal comment period were considered by Commission staff in drafting the express language within this proposed rulemaking. In addition, Commission staff held two formal technical

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2001 advisory group (TAG) meetings on October 18, 2016, and December 12, 2016, to engage with stakeholders. A second draft was distributed to members of the TAG for a second informal comment period held from June 1, 2017 to June 16, 2017. The comments received during this informal comment period were considered in the preparation of the proposed regulations. DOCUMENTS INCORPORATED BY REFERENCE The proposed rulemaking incorporates one docu- ment by reference in its entirety—the “Pre−Survey Notification Form,” dated September 5, 2018.

DETERMINATION ON MAJOR REGULATION DESIGNATION Commission staff has determined that this proposed regulatory action is not a major regulation, as defined by Government Code

section 11342.548. DETERMINATION ON FEDERAL MANDATE This proposed regulatory action is not mandated by federal law. No federal law exists with regards to per- mitting for geophysical regulations in state waters. DISCLOSURES REGARDING THE PROPOSED ACTION Commission staff, acting on behalf of the Commis- sion, has made the following determinations: LOCAL MANDATE Commission staff has determined that this proposed regulatory action does not impose any mandates on lo- cal agencies or school districts.

FISCAL IMPACTS Commission staff has determined that this proposed regulatory action imposes no mandates or costs requir- ing state reimbursement to any local agency or school district pursuant to Government Code sections 17500 et seq. No other non−discretionary costs or savings im- posed on local agencies are anticipated. Commission staff determined that certain costs may accrue to the Commission as a result of this proposed action. These costs are included in the state form STD 399 and discussed in the Economic Assumption sheet included as part of the rulemaking record.

No costs or savings are anticipated for any other state agency from this proposed action. Commission staff has determined that this proposed action will have no impact on costs or savings in federal funding to the State. HOUSING COSTS Commission staff has determined that this proposed action will have no impact on housing costs.

STATEMENT REGARDING ADVERSE ECONOMIC IMPACTS DIRECTLY AFFECTING BUSINESSES, INCLUDING ABILITY TO COMPETE Commission staff has determined that the proposed regulations will have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Through the Economic Impact Assessment, Com- mission staff has determined that the proposed regulations: (1) will have no impact upon the creation or elimination of jobs within the State of California; (2) will have no impact upon the creation or elimination of existing businesses within the State of California; (3) will have no impact upon the expansion of businesses currently doing business within the State of California; and (4) will have no impact upon worker safety within the State of California.

Commission staff has determined that the proposed regulations will benefit: (1) the State’s environment by: • accomplishing the goals of AB 1274, which directs staff to promulgate regulations to ensure that geophysical surveys conducted for scientific and research purposes on state lands under the jurisdiction of the Commission do not cause harm or damage to aquatic life or to the marine and coastal environment; and • protect species/resources and facilitate the coordination of Public Trust uses on state lands. (2) the regulated community and public by:

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2002 • promoting efficiency and consistency in the application, processing, and administration of permits for geophysical surveys; and • providing transparency regarding the requirements for, and the timing and location of, geophysical surveys. COST IMPACTS ON REPRESENTATIVE PERSONS OR BUSINESSES Cost impacts will occur on representative businesses consisting of companies and organizations that either conduct or sponsor geophysical surveys in state waters.

Cost impacts are associated with obtaining the permit and the proposed permit requirements to provide pre− survey information and notification to the Commission and other parties; operational requirements, including the use of a marine wildlife monitor; and post−survey reporting to the Commission. The average costs neces- sarily incurred in reasonable compliance would be $34,787 annually to geophysical survey operators, de- pending on the number of surveys conducted each year.

A detail of costs and analysis is included in the state form STD 399 and discussed in the Economic Assump- tion sheet included as part of the rulemaking record. SMALL BUSINESS DETERMINATION Commission staff finds that the adoption of this pro- posed action will affect small businesses. This is be- cause a percentage of businesses that conduct or spon- sor geophysical surveys in state waters are small busi- nesses as defined under state law. BUSINESS REPORT The proposed action does include a business report- ing requirement.

Commission staff find that it is neces- sary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Commission must determine that no reasonable alternative it considered or that has other- wise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law.

The Commission invites interested persons to submit com- ments on potential alternatives to the proposed regula- tions during the written comment period.

CONTACT PERSONS Direct inquiries concerning the substance of the pro- posed regulation to: Kelly Keen Environmental Scientist California State Lands Commission 100 Howe Avenue, Suite 100−South Sacramento, CA 95825−8202 Telephone: (916) 574−1938 Facsimile: (916) 574−1950 Email: slc.ogpp@slc.ca.gov or: Joe Fabel Attorney California State Lands Commission 100 Howe Avenue, Suite 100 — South Sacramento, CA 95825−8202 Telephone: (916) 574−0964 Facsimile: (916) 574−1855 Email: joseph.fabel@slc.ca.gov Requests for copies of the proposed text of the regula- tions, the initial statement of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based should be directed to: Kelly Keen Environmental Scientist California State Lands Commission 100 Howe Avenue, Suite 100 — South Sacramento, CA 95825−8202 Telephone: (916) 574−1938 Facsimile: (916) 574−1950 Email: slc.ogpp@slc.ca.gov A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS Commission staff will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its Sacramento office, listed above.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this no- tice, the proposed text of the regulations, initial state- ment of reasons, economic impact assessment, and rele- vant sources of information upon which the proposed rulemaking is based. Interested parties may obtain copies of any of the aforementioned documents by con- tacting Kelly Keen, as listed above, or by visiting the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2003 A V AILABILITY OF CHANGED OR MODIFIED TEXT OF ORIGINALLY PROPOSED REGULATIONS After considering all timely and relevant comments, the Commission may adopt the proposed regulations substantially as described in this notice. If Commission staff makes any substantial and sufficiently related modifications to the proposed text, the modified text with changes clearly indicated will be available to the public for at least 15 days prior to the date that the Com- mission considers adopting the regulations.

Interested parties shall send requests for copies of any modified regulations to the attention of Kelly Keen, at the address indicated above. The Commission will accept written comments on the modified regulations for 15 days after the date that they are available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, interested parties may obtain a copy of the Final Statement of Reasons by contacting Kelly Keen at the address, telephone number, or email address listed above or by accessing the website listed below.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice of proposed rulemaking, the ini- tial statement of reasons, the proposed text of regula- tions, the economic impact assessment, relevant docu- ments, and any future changes or modifications to the proposed text can be accessed through our website at: http://www.slc.ca.gov/. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture amended

section 3591.2 in Title 3 of the California Code of Regu- lations pertaining to the Oriental Fruit Fly Eradication Area as an emergency action that was effective on Au- gust 2, 2018. The Department proposes to continue the regulation as amended and to complete the amendment process by submission of a Certificate of Compliance no later than January 29, 2019. This notice is being provided in compliance with Government Code

Section 11346.4. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed amendment to the Department. Comments may be submitted by mail, facsimile (FAX) at 916.651.2900 or by email to Dean.Kelch@cdfa.ca.gov.

The written comment period closes at 5:00 p.m. on De- cember 31, 2018. The Department will consider only comments received at the Department offices by that time.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.406.6650 916.651.2900 (FAX) Following the public hearing if one is requested, or following the written comment period if no public hear- ing is requested, the Department of Food and Agricul- ture, at its own motion, or at the instance of any interest- ed person, may adopt the proposal substantially as set forth without further notice.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not gener- ally distributed within this state and determine the prob- ability of its spread and the feasibility of its control or eradication (Food and Agricultural Code (FAC) Sec- tion 5321). Existing law also provides that the Secretary may es- tablish, maintain and enforce quarantine, eradication and other such regulations as she deems necessary to protect the agricultural industry from the introduction and spread of pests (FAC Sections 401, 403, 407 and 5322).

ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION Existing law, FAC

section 403, provides that the de- partment shall prevent the introduction and spread of

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2004 injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

section 407, provides that the Sec- retary may adopt such regulations as are reasonably necessary to carry out the provisions of this code which the Secretary is directed or authorized to administer or enforce. Existing law, FAC

section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the fea- sibility of its control or eradication. Existing law, FAC

section 5322, provides that the Secretary may establish, maintain, and enforce quaran- tine, eradication, and such other regulations as are in the Secretary’s opinion necessary to circumscribe and ex- terminate or prevent the spread of any pest which is de- scribed in FAC

section 5321. Existing law, CCR

Section 3591.2, defines the state’s eradication areas for Oriental fruit fly. The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad- icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. This amend- ment provides the necessary regulatory authority to pre- vent the artificial spread of a serious insect pest, which is a mandated statutory goal.

This regulation will benefit the public’s general wel- fare by providing authority for the State to perform de- tection, control, and eradication activities against Ori- ental fruit fly in El Dorado and Shasta counties and amend the host list in state regulation.

The implementation of this regulation will prevent: • direct damage to the agricultural industry growing host fruits • indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets • increased production costs to the affected agricultural industries • increased pesticide use by the affected agricultural industries • increased costs to the consumers of host fruits • increased pesticide use by homeowners and others • the need to implement a State interior quarantine • the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement of host fruits.

The Department considered any other possible relat- ed regulations in this area, and it found that these are the only regulations dealing in this subject area, and the De- partment is the only State agency which can implement these eradication areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the De- partment has conducted an evaluation of this regulation and has determined that it is not inconsistent or incom- patible with existing state regulations. AMENDED TEXT This emergency rulemaking action added El Dorado and Shasta counties to the Oriental Fruit Fly Eradica- tion Area. The effect of the amendment of this regula- tion is to provide authority for the State to perform erad- ication activities against Oriental fruit fly in the coun- ties of El Dorado and Shasta.

This emergency rulemak- ing action also standardized the known host list for Ori- ental fruit fly in California regulation to coincide with the official Oriental fruit fly host list promulgated in 2016 by the United States Department of Agriculture (USDA). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscre- tionary costs or savings to local agencies or school districts. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination The Department has determined that the proposed regulations may affect small businesses. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2005

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California. The Department has determined the amendment of this regulation would benefit: • the general public • homeowners and community gardens • agricultural industry • the State’s general fund There are no known specific benefits to worker safety or the health of California residents.

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as ef- fective and less burdensome to affected private persons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this Notice. AUTHORITY The Department proposes to amend

section 3591.2 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762 and 5763 of the Food and Agricultural Code.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed is: Dean Kelch, Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room 210, Sacramento, California 95814, (916) 403−6650, FAX (916) 651−2900, E−mail: Dean.Kelch@cdfa.ca.gov. In his absence, you may contact Laura Petro at (916) 654−1017. Questions re- garding the substance of the proposed regulation should be directed to Dean Kelch.

INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site (www.cdfa.ca.gov/plant/Regulations.html). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action. A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request.

The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, when completed, the final statement of reasons will be avail- able upon request. Requests should be directed to the contact named herein. If the regulations adopted by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any interested person may obtain a copy of said regu- lations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Code of Ethics Commission Regulation 1013 and Procedure C−3 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code

Section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY DECEMBER 31, 2018, AT 5:00 P.M. Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by email at melani.singley@post.ca.gov, by fax at (916) 227−0476, or by letter to:

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2006 Commission on POST Attention: Melani Singley 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code

Section 13503 (authority of the Com- mission on POST) and Penal Code

Section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code

Section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Law Enforcement Code of Ethics is contained in Commission Regulation 1013 and Procedure C−3. The Code of Ethics is required to be administered either dur- ing the academy or at the time of appointment.

Most commonly, the Code of Ethics is administered in a group setting where peace officer recruits/trainees are required to memorize and recite the Code, word for word, during the basic academy. The proposed changes will remove specific terms to provide for a more general and inclusive Code of Ethics. Specifically, the words “man” and “mankind” are being removed from the first paragraph and the phrase “before God” and accompa- nying footnote are being removed from the last paragraph.

In maintaining consistency with POST’s desire to eliminate procedures and move all requirements into regulation, Commission Procedure C−3 will be deleted and the Code of Ethics contained therein will be moved to Commission Regulation 1013. Benefits of the proposed amendments to the regula- tions will ensure that those who serve and are served by California law enforcement adhere to a Code of Ethics that is relevant and inclusive of all. This could potential- ly assist departments with being more effective in pre- serving peace, and protection of public health, safety, and welfare of California.

The proposed amendments will not benefit worker safety or the State’s environment. During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing State regulations.

ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.

If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency of- ficial designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

ESTIMATE OF ECONOMIC IMPACT Fiscal Impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code Sections 17500−17630 re- quire reimbursement: None.

Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of Califor- nia businesses to compete with businesses in other states.

The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement, which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2007 RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOV . CODE

SEC. 11346.3(

b) The adoption of the proposed amendments of regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California. The benefits of the proposed amendments of regula- tions to the health and welfare of California residents would be to ensure that all peace officers who subscribe to the Code of Ethics are doing so for the benefit of the entire community regardless of gender or religion. There would be no impact that would affect worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Commission must de- termine that no reasonable alternative it considered, or that has otherwise been identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective, and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provisions of the law.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Melani Singley, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−4258. General ques- tions regarding the regulatory process may be directed to Heidi Hernandez at (916) 227−2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon from the Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630.

These documents are also located on the POST website. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been prepared, submit a written request to the contact person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulation 1005 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cali- fornia Code of Regulations as described below in the In- formative Digest. A public hearing is not scheduled. Pursuant to Government Code

section 11346.8, any in- terested person, or his/her duly authorized representa- tive, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY DECEMBER 31, 2018, AT 5:00 P.M. Notice is also given that any interested person, or au- thorized representative, may submit written comments relevant to the proposed regulatory action by fax at (916) 227−4823, by email to Ralph Brown, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vest- ed by Penal Code

Section 13503 (authority of the Com- mission on POST) and Penal Code

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Pe- nal Code

section 13503(e), which authorizes POST to develop and implement programs to increase the effec- tiveness of law enforcement, including programs in- volving training and education courses.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2008 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Regulation 1005(d)(4) was enacted to ensure that specific classifications of peace officers would be re- quired to complete manipulative skills training with the Perishable Skills Program (PSP). The

section is clear as to the rank and individuals this applies to; however, spe- cific language dealing with the assignment of the offi- cer and the wording of “routinely” has created confu- sion in the field. The regulation has been subject to

interpretation, causing some agencies to opine that specific classifica- tions of peace officers are not required to attend PSP training based solely on assignment, and not the nature of the job those individuals perform. The regulation also lists three specific assignments of patrol, traffic or investigation, which creates questions as to why just those three assignments are specifically mentioned. Wording also currently allows those indi- viduals to be exempted from all PSPs, including driver training, tactical firearms, and communication, not solely the arrest and control component of perishable skills.

This proposed regulatory action will require all levels of peace officers below the rank of middle management to complete all portions of the PSP requirements, as staff believe was the original intent of this regulation. The proposed regulation will also clarify the use of the word ‘routinely’ as applied to the officers required to take the training. The specific benefits anticipated by the proposed action will be an increased proficiency of State of California law enforcement officers in required manipulative skills due to the clarified regulatory language.

During the process of developing these regulations and amendments, the Commission on Peace Officer Standards and Training has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompat- ible with existing State regulations. ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Di- gest.

If the Commission makes changes to the language before the date of adoption, the text of any modified lan- guage, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment pe- riod and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be addressed to the agency of- ficial designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

ESTIMATE OF ECONOMIC IMPACT Fiscal Impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non−Discretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code sections 17500−17630 re- quire reimbursement: None.

Significant Statewide Adverse Economic Impact Di- rectly Affecting California Businesses, including Small Business: The Commission on Peace Officer Standards and Training has made an initial determination that the amended regulations will not have a significant statewide adverse economic impact directly affecting California businesses, including the ability of Califor- nia businesses to compete with businesses in other states.

The Commission on Peace Officer Standards and Training has found that the proposed amendments will not affect California businesses, including small busi- nesses, because the Commission sets selection and training standards for law enforcement, which does not impact California businesses, including small businesses. Cost Impacts on Representative Private Persons or Businesses: The Commission on Peace Officer Stan- dards and Training is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

Effect on Housing Costs: The Commission on Peace Officer Standards and Training has made an initial de- termination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOV . CODE

SECTION 11346.3(

b) The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses or create or expand businesses in the State of California. The benefits of the proposed amendments to the regu- lations will increase the efficiency of the State of Cali- fornia in delivering services to stakeholders. Thus, the

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2009 law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the State’s environ- ment.

CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Ralph Brown, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramen- to, CA 95605−1630 at (916) 227−4552. General ques- tions regarding the regulatory process may be directed to Heidi Hernandez at (916) 227−2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605−1630.

These documents are also located on the POST Website. A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 313, 5508 and 5509 of the Fish and Game Code and to implement, in- terpret or make specific sections 200, 205, 265, 313, 399, 5508 and 5509 of said Code, proposes to amend

Section 27.65, Title 14, California Code of Regulations (CCR), relating to filleting of California sheephead on vessels. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Section 27.65, Title 14, CCR, defines fillet; lists the fillet requirements for, and specifies those fish that may be filleted on a boat or brought ashore as fillets; and pro- hibits the filleting, steaking, or chunking of any species with a size limit unless a fillet size is otherwise speci- fied.

Section 28.26, Title 14, CCR, specifies the bag limit, size limit, open areas, seasons and depth con- straints for the recreational take of California sheep- head (Semicossyphus pulcher). The proposed regulatory change to subsection 27.65(b), Title 14, CCR, adds a 6.75−inch minimum fil- let length, and requires that the entire skin remain intact, allowing legal−sized California sheephead to be filleted on board vessels while at sea and brought ashore as fillets. In addition, authority and reference citations are pro- posed to be amended in accordance with recent organi- zational changes to the Fish and Game Code.

Benefits of the Proposed Regulation: The proposed regulation is in response to the Sportfishing Association of California and the recreational angling community that have been requesting a fillet length regulation for California sheephead since 2001. As such, the regula- tion may increase angler satisfaction.

Additionally, the proposed regulation may benefit the health and welfare of California residents through the increased consump- tion of nutritious California sheephead, and may benefit the environment through the return of California sheep- head carcasses to the sea to be recycled back to the ma- rine ecosystem. Consistency with Existing State Regulations: The proposed regulations are neither inconsistent nor in- compatible with existing state regulations.

Section 20,

Article IV , of the State Constitution specifies that the Legislature may delegate to the Commission such pow- ers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to regulate the recreational take of fish. The Commission has reviewed

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2010 its own regulations and finds that the proposed regula- tions are neither inconsistent nor incompatible with ex- isting state regulations. The proposed regulation is con- sistent with existing state regulations as almost all fin- fishes with a recreational minimum size limit also have a corresponding fillet length. The Commission has searched the CCR and finds no other state agency regu- lations pertaining to the recreational take of California sheephead or to the filleting of fish on board vessels at sea.

NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the QLN Conference Center, 1938 Avenida del Oro, Oceanside, California, on Wednesday, December 12, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in Sacramento, Cali- fornia, on Thursday, February 7, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard.

The exact location of this meeting has not yet been determined. As soon as this information is available but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing the exact location. The continuation notice will also be pub- lished in the California Regulatory Notice Register and published on the Commission’s website. It is requested, but not required, that written comments be submitted on or before January 23, 2019, at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed or emailed to the Commission office, must be re- ceived before 12:00 noon on January 31, 2019. All comments must be received no later than February 7, 2019, at the hearing in Sacramento, California. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244−2090.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Acting Executive Direc- tor, Fish and Game Commission, 1416 Ninth Street, P.O. Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above−mentioned documents and inquiries concerning the regulatory process to Melissa Miller−Henson or Sherrie Fonbuena at the preceding address or phone number. Miranda Haggerty, Environmental Scientist, De- partment of Fish and Wildlife, (562) 342−7162 or Miranda.Haggerty@wildlife.ca.gov, has been desig- nated to respond to questions on the substance of the proposed regulations.

A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action 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, because the proposed regulation will not increase net compliance costs or impact fishing effort and recreational fishing

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2011 expenditures for recreational fishing related businesses. While not significant or statewide, commercial passenger fishing vessel (CPFV) businesses may choose to spend an estimated $60−$110 per year on more plastic bags for the additional fillets and for the maintenance of fillet knives. This equates to $12,660−$23,210 in costs for all CPFVs statewide. This will not affect the ability of California businesses to compete with businesses in other states because these small individual expenditures would increase customer satisfaction and be offset by fillet fee revenue. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California because the proposed regulation is not likely to increase or decrease recreational fishing opportunities within California.

It is possible that the implementation of the proposed regulation may increase workload for deckhands aboard CPFVs as the number of fish that can be filleted in an angler’s catch at the end of the day will increase. However, it is unlikely that the demand will increase so much that additional jobs will be necessary. The Commission anticipates benefits to the health and welfare of California residents through the consumption of more California sheephead, a nutritious food. The Commission does not anticipate any benefits to worker safety.

The Commission anticipates some benefit to the state’s environment through the return of California sheephead carcasses to the marine ecosystem after being filleted. (

c) Cost Impacts on a Representative Private Person or Business: This regulatory action will allow for the option for individuals to choose to pay $2−$3 per fillet, which may amount to as much as $10−$15 per CPFV trip. Individual CPFV businesses may choose to spend an estimated $60−$110 per year on more plastic bags for the additional fillets and for the maintenance of fillet knives. (

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

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

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

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

Part 7 (commencing with

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

g) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code sections 11342.580 and 11346.2(a)(1 ).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in 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 effec- tive in implementing the statutory policy or other provi- sion of law. TITLE 18. FRANCHISE TAX BOARD As required by

section 11346.4 of the Government Code, the Franchise Tax Board (“FTB” or “the Board”) hereby gives notice of its intention to amend California Code of Regulations, Title 18 (“18 CCR”), Sections 18662−0 through 18662−6, and

Section 18662−8, relat- ing to nonresident and real estate withholding. PUBLIC HEARING FTB has not scheduled a public hearing on this pro- posed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized represen- tative, no later than 15 days before the close of the writ- ten comment period indicated below. The request should be submitted to the FTB officer named below. In addition, Government Code

Section 15702, subdivi-

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2012 sion (

b) provides for consideration by the three− member Board of any proposed regulatory action if any person makes such request in writing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board. The written comment period closes at 5:00 p.m. on January 8, 2019. The Board will consider only comments received at the Board offices by that time. The Board encourages submission of comments in electronic form, rather than in paper form. Comments may be submitted by email to David.Muradyan@ftb.ca.gov.

Submit comments in paper form to: David Muradyan, Tax Counsel III Legal Division MS A260 Franchise Tax Board P.O. Box 1720 Rancho Cordova, CA 95741−1720 Fax: (916) 843−0487 AUTHORITY & REFERENCE California Revenue and Taxation Code (“RTC”) Sec- tion 19503 authorizes the Board to adopt these amended regulations. The proposed amendments to the with- holding regulations implement, interpret, and make specific provisions in RTC

Section 18662. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of existing laws and regulations related directly to the proposed rulemaking Withholding at source is an essential part of the FTB’s Tax Gap Compliance Initiative. The ultimate goal of withholding is to facilitate fair and efficient tax compli- ance and administration by requiring payers to remit a portion of payments due to payees directly to FTB to pay amounts approximating the tax due with respect to the income from the payment. Thus, withholding at source benefits the state by reducing the risk that the in- come and resulting tax will not be reported and paid, and encourages the filing of returns to report taxable in- come and claim credit for the withheld amounts. RTC

Section 18662 sets forth the general withhold- ing requirement structure for nonresident and real estate withholding, and authorizes FTB to issue regulations to implement the withholding at source statutory require- ments. The corresponding regulations at 18 CCR Sec- tions 18662−0 through 18662−6 and

Section 18662−8 (“Withholding Regulations”) provide more specific guidelines with respect to California’s nonresident and real estate withholding procedures. Effects of the proposed rulemaking The effect of the proposed amendments to the With- holding Regulations is to make various technical revi- sions, including changes to terminology, in the current regulatory language. A

summary of the primary changes follows: Nonwage and Real Estate Withholding The proposed amendments to the Withholding Regu- lations would clarify the process by which a waiver is requested using FTB Form 588, Nonresident Withhold- ing Waiver Request. Specifically, the proposed amend- ments would amend 18 CCR

Section 18662−4, subsec- tion (e)(1) to allow payees, their representatives, or withholding agents on behalf of payees to request a waiver using FTB Form 588,

whereas previously, the regulation could be narrowly construed to allow only payees to request this waiver. The proposed amend- ments to the Withholding Regulations would also clari- fy the threshold requirements (Part IV , Withholding Computation) for FTB Form 589, Nonresident Re- duced Withholding Request, to ensure that this form would only be used for reduced withholding. Specifi- cally, the proposed amendment to 18 CCR

Section 18662−4, subsection (e)(2) would require that reduced withholding requests pursuant to FTB Form 589 must have the total amount of expenses be at or below 50 per- cent of the gross California source payment, to ensure that the form is used for its intended purpose. The proposed amendments to the Withholding Regu- lations will also amend the

definitions in 18 CCR Sec- tion 18662−2, by adding the term “Remitter ,” which would be defined as a person who would be responsible to remit any tax withheld on any disposition from the sale or exchange of California real estate by California resident and nonresident individuals, and non−Califor- nia Business entities. The FTB has used the term “with- holding agent” broadly to refer to persons who with- hold. However, in real estate transactions, the person who is responsible for withholding is the buyer, and the person who actually performs the withholding is the re- al estate escrow person.

Thus, this amendment clarifies that the remitter (typically, the escrow officer), and not the buyer, is the person responsible for sending the pay- ment to the FTB. The proposed amendments to the Withholding Regu- lations will amend relevant portions of 18 CCR

Section 18662−3 by adding certain fields to FTB Form 593, in- cluding “ownership percentage.” This change would make the audit process more accurate because when the FTB is dealing with multiple sellers, FTB has a difficult

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2013 time ascertaining the ownership percentages of each re- spective seller. The result is that FTB often needs to contact the appropriate party involved to obtain such in- formation. By adding a field covering “ownership per- centage” to FTB Form 593, the form will capture infor- mation that FTB could otherwise receive by less effi- cient means. The proposed amendments to the Withholding Regu- lations will also amend relevant portions of 18 CCR

Section 18662−3 to effectuate the consolidation of the following forms into FTB Form 593: FTB Form 593−C, Real Estate Withholding Certificate, FTB Form 593−E, Real Estate Withholding Computation of Estimated Gain or Loss, and FTB Form 593−I, Real Estate With- holding Installment Sale Acknowledgement. The pro- posed amendments would merge FTB Form 593−C, FTB Form 593−E and FTB Form 593−I into FTB Form 593 for consolidation purposes, as there was a signifi- cant amount of information repeated throughout these forms.

The proposed consolidation will reduce the bur- den on the escrow industry, as it will reduce the number of forms for real estate transactions from four to one. Moreover, this consolidation of forms will assist sellers/transferors in their real property transactions, as there will now be one form for all real estate transac- tions, and one voucher—rather than having four differ- ent forms depending on the type of real estate transaction. The proposed amendments to the Withholding Regu- lations will also amend 18 CCR

Section 18662−3, sub-

section (d)(3)(B)(1), to clarify that the person responsi- ble for withholding during an installment sale is the buyer/transferee—not the real estate escrow person. The existing Withholding Regulations at 18 CCR Sec- tion 18662−3, subsection (d)(3)(B)(1) inadvertently imposed a withholding requirement for installment sales on the real estate escrow person—rather than the buyer/transferee. However, under both RTC sections 18662, subdivision (e)(3) and 18668, subdivision (e)(1), and under 18 CCR

Section 18662−3, subsection (a), once the real estate escrow person provides the transferee/buyer with written notice of the transferee’s/ buyer’s withholding requirements, the requirement to withhold is on the buyer/transferee—not on the real es- tate escrow person. Thus, this proposed amended sub-

section changes the phrase “real estate escrow person” to the phrase “buyer/transferee.” The proposed amendments to the Withholding Regu- lations will also amend 18 CCR

Section 18662−6 by adding subsection (a)(2)(B), to clarify that if the enter- tainer’s agent or promoter is incorporated in California or qualified to do business in California with the Cali- fornia Secretary of State (SOS), the entertainment venue is not required to withhold if the entertainer’s agent or promoter certifies to a withholding exemption on FTB Form 590, Withholding Exemption Certificate. As a result of this proposed amendment, as further set forth in proposed amended 18 CCR

Section 18662−6, subsection (a)(2)(B), the entertainment venue may rely on a printout from the SOS’s public website, showing the entertainer’s agent or promoter’s business entity number, that the business entity has a permanent place of business in California and that the business entity is in good standing. Pass−Through Entity Withholding Forms In addition to nonresident and real estate withholding amendments, there are proposed amendments to the Withholding Regulations related to domestic pass− through entity (PTE) withholding filing requirements.

With respect to domestic PTEs, the proposed amend- ments to the Withholding Regulations amend 18 CCR Sections 18662−4, subdivision (d), 18662−8, subdivi- sion (c)(1)(

B) and 18662−8, subdivision (c)(2)(B) — which would change the filing scheme from a quarterly filing withholding scheme to an annual one. Consistent with the proposed regulations, FTB also proposes amendments to create a new annual reconciliation form and a new PTE voucher form to effectuate this transi- tion from the quarterly filing withholding scheme to an annual one. The new form will be FTB Form 592−PTE, Pass−Through Entity Annual Withholding Return, which will be used specifically by domestic PTEs that, as withholding agents, withhold tax at source on lower tier PTEs.

The new voucher will be FTB Form 592−Q, Payment V oucher for Pass−Through Entity Withhold- ing (V oucher) for quarterly payments.

Withholding from payments (using FTB Form 592−Q voucher) will still be quarterly, similar to the Form 592, Resident and Nonresident Withholding Statement, but the new PTE Form (FTB Form 592−PTE) will be filed on January 31 of the year following the year for which such withhold- ing was required to be remitted to FTB. (The January 31 date is also the due date for federal Form W−2, Wage and Tax Statement, and Form 1099.) Objectives of the Proposed Regulation The changes made in the proposed amendments to the Withholding Regulations provide additional clarity and transparency for taxpayers, tax practitioners, with- holding agents, and the public on the treatment of speci- fied income subject to state withholding requirements.

The proposed amendments to the Withholding Regula- tions facilitate effective state tax administration by pro- viding

definitions and additional clarification regarding income subject to state withholding. As noted above, one of the primary objectives of the proposed amendments to the Withholding Regulations is to reduce the burden on the escrow industry, which will be accomplished by the consolidation of the real es- tate withholding forms, reducing the number of forms

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2014 for real estate transactions from four to one. The changes made by the amendments to the Withholding Regulations are intended to make the nonresident and real estate withholding process simpler and less burdensome. Anticipated Benefits from the Proposed Regulation The changes made in the proposed amendments to the Withholding Regulations provide additional clarity and transparency for taxpayers, tax practitioners, with- holding agents, and the public.

The revised regulations also retain the flexibility to respond to individual cir- cumstances and new or changed responsibilities. As de- tailed above, one of the primary changes effectuated through the proposed amendments is the consolidation of the real estate withholding forms, which will reduce the burden on the escrow industry, as it will reduce the number of forms for real estate transactions from four to one.

In addition, the consolidation of forms will assist sellers/transferors in their real property transactions, as there will now be one form for all real estate transac- tions, and one voucher—rather than having four differ- ent forms depending on the type of real estate transac- tion. This will benefit taxpayers by making the with- holding process simpler and less burdensome.

The proposed amendments would also benefit tax- payers, tax practitioners, those required to remit with- holding, and the state by making various technical changes that provide clarity to current withholding reg- ulations, including changes to terminology in the cur- rent regulatory language. The proposed amendments are expected to reduce taxpayer compliance costs and confusion, including the direct costs of preparing and reviewing tax documents.

In addition, the proposed amendments which impact the withholding remittance by nonresident individuals and non−California busi- nesses due to the reduction in allowed expenses are an- ticipated to result in a small beneficial change in the timing of payments to the state. Consistency and Compatibility with Existing State Regulations During the process of developing this regulation, the FTB, pursuant to Government Code

Section 11346.5, subdivision (a)(3)(D), has conducted a search of any similar state regulations and has concluded that these regulations are neither inconsistent nor incompatible with any existing state regulations. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Board has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: The FTB has de- termined the proposed regulation amendments may re- sult in costs or savings to the FTB but, they will not be significant.

The FTB estimates an acceleration of state General Fund tax payments of between $1.2 million and $1.5 million per fiscal year. Cost to any local agency or school district which must be reimbursed under

Part 7, commencing with Govern- ment Code

section 17500, of Division 4: None. Other non−discretionary cost or savings imposed up- on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The FTB is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

Significant statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: The FTB reviewed each of the proposed amendments to 18 CCR Sections 18662−0 through 18662−6 and Sec- tion 18662−8 for potential adverse economic impact af- fecting business and found that only the proposed amendment to 18 CCR

Section 18662−4, subdivision (

e) affecting the filing of FTB Form 589 which clarifies the withholding threshold requirements would have a measurable economic impact. The remaining proposed amendments are predominantly consolidation of forms and grammatical or technical changes. The amendment to 18 CCR

Section 18662−4 would limit the share of ex- penses used to reduce withholding to 50 percent of the source payment. Based on discussion with staff in the FTB’ s Legal and Filing divisions and a review of recent Form 589 data for entities that would be affected by the 50 percent expense limitation, it is estimated that the timing of payments under the proposed regulation would be affected and would accelerate between $1.2 million and $1.5 million per fiscal year for both non− California businesses and non−resident individuals, but does not change total tax owed.

Data suggests the average increased withholding would be a small share of total income for these business entities, in most cases, as they are predominantly entities with high incomes. Therefore the FTB has determined in an economic im- pact statement and relies on the conclusion therein, that the adverse economic impact on business will not be significant. Potential Cost impact to directly affected private per- sons/businesses: There are no costs to businesses or individuals when measuring the impact of the proposed amendments to the regulations by tax year as tax liability would remain unchanged.

In addition, as those affected are non−

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2015 residents, any measurable statewide impact is further reduced. The impact on businesses and individuals would occur because of increased withholding remit- tances created when a withholding event is triggered. This in turn would be offset by reduced final payments remitted, or an increase in refund due, when a business or individual files their final tax return. Thus for any tax year the cost impact would be negligible.

If measured by calendar year, there would be a de- crease in cash available during the year the withhold- ing event occurs for a non−resident individual or non− California business. As explained above, in the follow- ing calendar year when a final tax return is filed the fi- nal payment remitted would be decreased, or the refund due increased, by the amount of the increased withhold- ing. Thus for any 18 month period, the cost impact would be negligible. Effect on small business: The FTB has determined that the proposed amend- ments to the Withholding Regulations will not have a significant impact on business.

A majority of the pro- posed regulations are intended to make various techni- cal changes and/or to provide clarity to the current withholding regulations, including changes to termi- nology in the current regulatory language. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Pursuant to Government Code

section 11346.3, sub- division (b), the Board has determined in the economic impact assessment that (1) there is no expected impact on the creation or elimination of jobs within California as a result of the proposed amendments; (2) there is no expected impact on the creation or elimination in the number of existing businesses within California as a re- sult of the proposed amendments; (3) there is no expect- ed impact on the expansion of businesses currently do- ing business within California as a result of the pro- posed amendments; and (4) the benefits to the health and welfare of California residents include providing affected taxpayers with clarity and the proper guidance, addressing new situations that have arisen, and ensur- ing that taxpayers, their representatives, and those re- quired to remit withholding have guidance on issues surrounding real estate and nonwage withholding (which can reduce taxpayer compliance costs as well as confusion).

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private per- sons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed amendments to the regulations during the written comment period or, if a hearing is requested, at the scheduled hearing. CONTACT PERSONS Inquiries concerning the proposed administrative ac- tion may be directed to: David Muradyan, Tax Counsel III Legal Division MS A260 Franchise Tax Board P.O.

Box 1720 Rancho Cordova, CA 95741−1720 Telephone: (916) 845−4540 Email: David.Muradyan@ftb.ca.gov The backup contact person for these inquiries is: Christy Keith Legal Division MS A260 Franchise Tax Board P.O. Box 1720 Rancho Cordova, CA 95741−1720 Telephone: (916) 845−6080 Email: Christy.Keith@ftb.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial state- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Ms.

Keith at the above address or send the re- quest by email to Christy.Keith@ftb.ca.gov. A V AILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of rea- sons.

Copies can be obtained on the Franchise Tax Board’s website at ftb.ca.gov or by contacting Ms.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2016 Keith at the address, phone number or email address listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, after the close of the comment period, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes substan- tive modifications sufficiently related to the proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulations as revised.

Copies of the modifications will be published on the Board’s website at ftb.ca.gov and mailed to anyone who submitted written comments to the Board, and to any- one that has expressed an interest in receiving the modi- fication information. Please send requests for copies of any modified regulations to the attention of Ms. Keith at the address, phone number or email address indicated above. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons will be published on the Board’s website at www.ftb.ca.gov and may also be obtained by contact- ing Ms. Keith at the above address, phone number or email address. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website at www.ftb.ca.gov. TITLE 20. CALIFORNIA ENERGY COMMISSION TITLE 20. PUBLIC UTILITIES AND ENERGY DIVISION 2.

STATE ENERGY RESOURCES CONSERV ATION AND DEVELOPMENT COMMISSION

CHAPTER 4. ENERGY CONSERV ATION

ARTICLE 4. APPLIANCE EFFICIENCY REGULATIONS SECTIONS 1601−1609 CALIFORNIA ENERGY COMMISSION COMMERCIAL AND INDUSTRIAL AIR COMPRESSORS DOCKET NO. 18−AAER−05 INTRODUCTION The California Energy Commission (Energy Com- mission) proposes to adopt regulations for commercial and industrial air compressors (air compressors) after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Energy Commission staff will hold a public hear- ing for the proposed regulations on the following date and time.

Interested persons or authorized representa- tives may present oral and/or written statements rele- vant to the proposed regulations at the hearing. The En- ergy Commission requests that any person making oral comments also submit a written copy of their oral com- ments at the hearing. January 3, 2019 10:00 a.m. −12:00 p.m. (Pacific Time) California Energy Commission 1516 Ninth Street Sacramento, CA 95814 Rosenfeld Hearing Room (Wheelchair accessible) Audio for the hearing will be broadcast over the Inter- net. Details regarding the webcast can be found at www.energy.ca.gov/webcast.

If you have a disability and require assistance to par- ticipate in the hearing, please contact Yolanda Rushin at Yolanda.Rushin@energy.ca.gov or (916) 654−4310, at least five days in advance. WRITTEN COMMENT PERIOD You may submit written comments to the Energy Commission for consideration on or before 5:00 p.m.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2017 on December 31, 2018. The Energy Commission ap- preciates receiving written comments at the earliest possible date. Please submit comments using the Energy Commis- sion’s e−commenting feature by going to the Energy Commission’s Commercial and Industrial Air Com- pressors webpage at http://www.energy.ca.gov/ appliances/2018−AAER−04−06_08/18−AAER− 05.html, Docket Number 18−AAER−05, then select the “Submit e−comment” link.

A full name, email address, comment title, and either a comment or an attached doc- ument (.doc, .docx, or .pdf format) is mandatory. After a challenge−response test, click on the “Agree & Submit Your Comment” button to submit the comment to the Energy Commission’s Docket Unit. Please note that written comments, attachments, and associated contact information included within the written comments and attachments (e.g., your address, phone number, email address) become part of the view- able public record. You are encouraged to use the electronic filing sys- tem, described above, to submit comments.

All written comments submitted prior to the hearing must be sub- mitted to the docket unit. If you are unable to submit electronically, a paper copy of your comments may be sent to: Docket Unit California Energy Commission Docket No. 18−AAER−05 1516 9th Street, MS−4 Sacramento, CA 95814 Telephone: (916) 654−5076 Comments may also be submitted email to DOCKET@energy.ca.gov, or by fax to (916) 654−4354. PUBLIC ADVISER The Energy Commission’s Public Adviser, Alana Mathews, is available to assist any person who wishes to participate in this proceeding.

For assistance from the Public Adviser’s Office, please call (916) 654−4489 or toll−free in California at (800) 822−6228 or contact publicadviser@energy.ca.gov. NEWS MEDIA INQUIRIES News media inquiries should be directed to the Media and Public Communications Office at (916) 654−4989, or by email at mediaoffice@energy.ca.gov. STATUTORY AUTHORITY AND REFERENCE Public Resources Code Sections 25213, 25218(e), and 25402(

c) authorize the Energy Commission to adopt rules or regulations, as necessary, to implement, interpret, and make specific Public Resources Code sections 25402(

c) and 25216.5(d). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Warren−Alquist Act establishes the Energy Commission as California’s primary energy policy and planning agency. Sections 25213, 25218(e), and 25402(

c) of the Public Resources Code mandate that the Energy Commission adopt rules and regulations, as necessary, to reduce the inefficient consumption of en- ergy and water by prescribing efficiency standards and other cost−effective measures for appliances whose use requires a significant amount of energy or water statewide. One of the ways the Energy Commission satisfies this requirement is through the Appliance Efficiency Regu- lations (California Code of Regulations, Title 20, Sec- tions 1601−1609), which contain

definitions, test pro- cedures, efficiency standards, and marking and certifi- cation requirements for state and federally regulated ap- pliances. Further, the regulations require that appliance manufacturers certify to the Energy Commission that their products meet all applicable state and federal ap- pliance efficiency regulations before their products can be included in the Energy Commission’s database of ap- pliances approved to be sold or offered for sale in California. Appliance energy efficiency is identified as a key to achieving the greenhouse gas (GHG) emission reduc- tion goals of Assembly Bill 32 (Núñez,

Chapter 488, Statutes of 2006). Senate Bill 350 (de León,

Chapter 547, Statutes of 2015), established the Clean Energy and Pollution Reduction Act of 2015, requiring the En- ergy Commission to establish annual targets for statewide energy efficiency savings and demand reduc- tion that will achieve a doubling of energy savings from buildings and retail end uses by 2030. Therefore, in compliance with statute, the Energy Commission has prepared the proposed regulations to provide updated and new

definitions, data reporting re- quirements, and efficiency standards for air compres- sors manufactured on or after January 1, 2022, that are sold or offered for sale in California. Difference from existing comparable federal regulation or statute No federal efficiency standards currently exist for air compressors. The United States Department of Energy (DOE) considered energy conservation standards for

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2018 air compressors in a rulemaking in 2016, but to date has not published a final rule in the Federal Register. How- ever, DOE did publish a final test procedure for air com- pressors in the Federal Register that became effective January 4, 2017, and required for compliance on July 3, 2017, making it the applicable test procedure for all air compressors manufactured in or imported into the Unit- ed States. The Energy Commission incorporated this test procedure into its regulations as part of a previous rulemaking (docket #18−AAER−10).

The Energy Commission used information from the DOE rulemaking to support the proposed regulation. Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments The broad objective of the regulations is to increase energy efficiency savings in the state by carrying out our statutory mandate to provide statewide standards in the Appliance Efficiency Regulations. Federally regu- lated commercial and industrial air compressors were added under the scope of the Appliance Efficiency Reg- ulations in a previous rulemaking along with

definitions and the federal test method. These regulations are proposing to establish a product category for state− regulated air compressors, clarify the scope, provide additional

definitions, include data reporting require- ments, and set efficiency standards for state−regulated air compressors. The specific benefits of the proposed regulations would be cost savings to the consumer, lower statewide energy use, and lower greenhouse gas and criteria pol- lutant emissions from power plants as a result of lower energy use. Under the proposed regulation, Califor- nians will have a first year energy savings of around 25 GWh with an approximate energy savings after full stock turnover (14 years) of 322 GWh/yr.

The energy savings are equivalent to a monetary statewide benefit of around $4 million in savings for the first year and an estimated $49 million annually after full stock turnover. Determination of inconsistency or incompatibility with existing state regulations The Energy Commission has conducted an evalua- tion for any other regulations in this area and has con- cluded that these are the only regulations related to the energy consumption of air compressors and enforced at the point of sale. Therefore, the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations.

The regulations provide defi- nitions, reporting requirements, and efficiency stan- dards for air compressors manufactured on or after Jan- uary 1, 2022 and sold or offered for sale in California. DOCUMENTS INCORPORATED BY REFERENCE The Energy Commission proposes to incorporate the following documents by reference: • Code of Federal Regulations, Title 10,

Section 429.63. • Code of Federal Regulations, Title 10,

Section 429.70. • Appendix A to Subpart T of Title 10 Code of Federal Regulations,

Section 431. Pursuant to California Code of Regulations, Title 1,

Section 20, copies of these documents are available for review on the Energy Commission’s website and at the Commission located at 1516 Ninth Street, Sacramento, California 95814. For the Code of Federal Regulations, Title 10 copies are available from: Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 www.ecfr.gov MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None.

FISCAL IMPACTS The Energy Commission has made the following ini- tial determinations: • A mandate on local agencies and school districts: None. • The cost to any local agency or school district requiring reimbursement pursuant to §§ 17500 et seq.: None. • Cost or savings to any state agency: None. • Non−discretionary cost or savings imposed upon local agencies: None. • Cost or savings in federal funding to the state: None. • Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2019 • Cost impact on small business: The Energy Commission has identified three small businesses engaged in the manufacturing of air compressors in California. Energy Commission staff assumes that air compressor manufacturers would not experience additional costs related to the manufacturing upgrades and new testing requirements as marginal sales prices exceed marginal manufacturing costs and are therefore passed on to distributors, retailers, and end−users.

The Energy Commission assumes that commercial and industrial air compressor consumers are primarily businesses and not individuals. The Energy Commission estimates 1,500 small businesses are end users of air compressors. Businesses will be impacted if they purchase regulated compressors. The efficiency standards for air compressors have an initial increased incremental cost to businesses for the improved efficiency. However, the savings from the lower utility bills over the lifetime of the more efficient air compressors exceed the incremental costs of improvement, resulting in overall economic savings.

Therefore, the Energy Commission is not aware of any significant cost impacts that a small business would incur in reasonable compliance with the proposed action. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Energy Commission estimates that approximate- ly 3,000 California businesses may be impacted by the regulations each year, including distributors, retailers, electric utilities, manufacturers, and businesses pur- chasing compressors.

However, these regulations are not likely to result in a significant adverse economic im- pact on any business including the ability of California businesses to compete with businesses in other states. Businesses will be impacted if they purchase regulat- ed compressors. The Energy Commission assumes that both in−state and out−of−state manufacturers will pass the incremental cost to improve the efficiency of an ap- pliance on to the businesses involved in the distribution and sales of air compressors, which in turn will then pass the cost on to the consumers.

The Energy Commis- sion assumes that commercial and industrial air com- pressors are typically purchased by businesses not indi- viduals. Efficiency standards for air compressors have an initial increased incremental cost to businesses for the improved efficiency, but the increased efficiency will result in lower utility bills to those businesses through reduced electricity consumption. The savings from the lower utility bills over the lifetime of the more efficient air compressors exceed the incremental costs of improvement, resulting in overall economic savings.

Under the appliance efficiency regulations (sections 1608 and 1609), retailers and/or distributors are respon- sible for ensuring that the air compressors they sell are certified to California Energy Commission’s Modern- ized Appliance Efficiency Database System (MAEDbS) prior to being offered for sale in California. Because air compressors are a newly regulated product, the Energy Commission assumes that retailers and dis- tributors will experience some additional costs associ- ated with verifying that compliant air compressors ap- pear in MAEDbS.

Some distributors and/or retailers may incur addi- tional costs if they choose to rebrand an air compressor purchased outside of California not certified to MAEDbS and wish to sell it in California. Since the re− branded air compressor will require certification to MAEDbS, these distributors and/or retailers will incur an additional cost associated with the certification. Sellers of electric power, both retail and wholesale, may experience slightly reduced sales of electricity due to the proposed standard.

However, any reduction in sales is small compared to the total electricity sales of these entities and is therefore negligible. The Energy Commission assumes that half of the businesses impacted are small businesses. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Energy Commission is not aware of any signifi- cant cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action. The Energy Commission assumes that commercial and industrial air compressors are typically purchased by businesses or industry, not individuals.

Therefore, there are no initial changes in the purchase costs for a representative private person from the proposed stan- dards. Businesses will be impacted if they purchase reg- ulated compressors. The efficiency standards for air compressors have an initial increased incremental cost to businesses for the improved efficiency. However, the savings from the lower utility bills over the lifetime of the more efficient air compressors exceed the incre- mental costs of improvement, resulting in overall eco- nomic savings.

The Energy Commission estimates that the regulations may indirectly create 12 jobs in Califor- nia and will not eliminate any jobs. This is based on the DOE’s Technical Support Document’s indirect em- ployment impact analysis. Because air compressor

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2020 shipments and sales are not expected to change signifi- cantly as a result of the proposed regulations, the eco- nomic impact on any business is expected to be insuffi- cient to support the creation or cause the elimination of any business. Therefore, the Energy Commission is not aware of any significant cost impacts that a business would incur in reasonable compliance with the pro- posed action. BUSINESS REPORT The proposed regulations impose new data reporting requirements on manufacturers of air compressors.

The Energy Commission has identified three California air compressor manufacturers. State law (Public Resources Code § 25402(c)(1)) re- quires manufacturers to report to the Energy Commis- sion that their appliances comply with the applicable energy efficiency standards before they are sold or of- fered for sale in the state. The Appliance Efficiency Regulations require manufacturers to provide specified information for this purpose to the MAEDbS. MAEDbS is used by manufacturers and maintained by the Energy Commission to list the appliances autho- rized to be sold or offered for sale in California.

This is necessary for the health, safety, and welfare of the peo- ple of the state as it helps the Energy Commission and consumers verify compliance with applicable federal and state efficiency standards. Some retailers may choose to stand in as manufacturers when they rebrand a product and take on the manufacturer’s certification burden for that portable air conditioner model. It is necessary for the health, safety, or welfare of the people of the state that the regulation, which requires a report, apply to businesses.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Energy Commission concludes that (1) the pro- posal may indirectly create jobs within California; (2) it’s unlikely the proposal will eliminate jobs within Cal- ifornia; (3) it’s unlikely the proposal will create new businesses in California; (4) it’s unlikely the proposal will eliminate existing businesses within California; and (5) it’s unlikely the proposal will result in the ex- pansion of businesses currently doing business within California.

Benefit of the Proposed Action: The proposed regula- tions would result in cost savings to the consumer, low- er statewide energy use, and lower greenhouse gas and criteria pollutant emissions from power plants as a re- sult of lower energy use. Under the proposed regula- tion, Californians will have a first year energy savings of around 25 GWh with an approximate energy savings after full stock turnover (14 years) of 322 GWh/yr. The energy savings is equivalent to a monetary statewide benefit of around $4 million in savings for the first year and an estimated $49 million annually after full stock turnover.

The proposed regulations will have a significant posi- tive impact on the environment, and public health and welfare, through avoided greenhouse gas emissions. Therefore, the Energy Commission could not identify any adverse environmental impacts associated with the proposed efficiency standards. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Commission must de- termine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less burden- some to affected private persons than the proposed ac- tion, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Energy Commission invites interested persons to present statements or arguments concerning alterna- tives to the proposed regulations at the scheduled hear- ing or during the written comment period.

CONTACT PERSON Please direct inquiries concerning all aspects of the rulemaking process, including requests for copies of the proposed text (the express terms), the initial statement of reasons, any modified version of the regulations, the substance of the proposed regulations, or any other in- formation upon which the rulemaking is based to: Corrine Fishman, Regulations manager Efficiency Division, California Energy Commission 1516 Ninth Street Sacramento, CA 95814−5512 (916) 654−4976 Corrine.Fishman@energy.ca.gov You may also contact Alejandro (Alex) Galdamez at Alejandro.Galdamez@energy.ca.gov or (916) 654−4315.

COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The Energy Commission will have the entire rule- making file available for inspection and copying

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2021 throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the express terms, the initial statement of rea- sons, and documents relied upon. Copies may be ob- tained by contacting Corrine Fishman at the address or phone number listed above or accessed through the En- ergy Commission’s website at http://www.energy.ca. gov/appliances/2018−AAER−04−06_08/18− AAER−05. html .

A V AILABILITY OF SUBSTANTIAL CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the proposed regulations could be substantively changed as a result of public comment, staff recommendation, or recom- mendations from Commissioners. Moreover, changes to the proposed regulations not indicated in the express terms could be considered if they improve the clarity or effectiveness of the regulations. If the Energy Commis- sion considers changes to the proposed regulations pur- suant to Government Code

section 11346.8, a full copy of the text will be available for review at least 15 days prior to the date on which the Energy Commission adopts or amends the resulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may ob- tain a copy of the final statement of reasons by visiting http://www.energy.ca.gov/appliances/2018−AAER− 04−06_08/18−AAER−05.html or contacting the con- tact person.

A V AILABILITY OF DOCUMENTS ON THE INTERNET The Energy Commission maintains a website in order to facilitate public access to documents prepared and considered as part of this rulemaking proceeding. Doc- uments prepared by the Energy Commission for this rulemaking, including this Notice of Proposed Action, the Express Terms, and the Initial Statement of Rea- sons, have been posted on our website at http://www.energy.ca.gov/appliances/2018−AAER− 04−06 08/18− AAER−05.html . TITLE 27.

ENVIRONMENTAL PROTECTION AGENCY UNIFIED PROGRAM REGULATIONS NOTICE IS HEREBY GIVEN that the California Environmental Protection Agency (CalEPA) proposes to amend California Code of Regulations (CCR), title 27, division 3, subdivision 1 (the California Environ- mental Reporting System Data Registry, also known as the California Environmental Reporting System Data Dictionary). The majority of the proposed amendments are considered non−substantial as they have relatively minor regulatory effects or impacts on regulated busi- nesses and Unified Program Agencies (UPAs).

The im- plications of the non−substantial proposed regulatory changes will likely have substantial impacts on UPAs regarding the ability to maintain parallel data exchange and provide methods to continue to utilize local data re- porting and management systems independent of the California Environmental Reporting System (CERS). PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD A written comment period has been established be- ginning November 16, 2018, and closing on December 31, 2018. To be considered relevant to this rulemaking proposal, written comments must be received by CalEPA no later than 5:00 p.m. on December 31, 2018. Written comments can be submitted by: Mail to: CalEPA Unified Program P.O. Box 2815 Sacramento, California 95812 E−mail to: cupa@calepa.ca.gov AUTHORITY AND REFERENCE The Secretary of CalEPA makes these amendments under the authority granted by Health and Safety Code

section 25404, subdivisions (b), (c), (d), and (e);

section 25404.6, subdivision (c); and Government Code sec- tion 16.5(c). These sections require the Secretary to adopt regulations that would implement, interpret or make specific Health and Safety Code

chapter 6.11 for the Unified Program.

CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 46-Z 2022 INFORMATIVE DIGEST Existing Law Senate Bill 1082 of 1993 (California Health and Safe- ty Code,

Chapter 6.11,

Section 25404) required Califor- nia’s Secretary for Environmental Protection to estab- lish a “unified hazardous waste and hazardous materials management” regulatory program (Unified Program) by January 1, 1996.

Title 27 of the CCR provides for the implementation of the Unified Program, which consoli- dates, coordinates and makes consistent the administra- tion, permits, inspections and enforcement activities of the following six program elements: • Hazardous Materials Release Response Plan and Inventory (HMRRP or Business Plan) • California Accidental Release Prevention (CalARP) Program • Underground Storage Tank (UST) Program • Aboveground Petroleum Storage Act (APSA) Program • Hazardous Waste Generator and Onsite Hazardous W aste Treatment (Tiered Permitting) • California Fire Code: Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statements (HMIS) Policy Statement Overview In order to more clearly interpret existing Unified Program regulations, specify and coordinate certain as- pects of Unified Program element requirements, clarify current practices and procedures, and to align with new and revised statutes and regulations relative to the im- plementation and enforcement of the Unified Program, revision to the text of title 27 Data Dictionary is neces- sary.

By ensuring statewide and cross−program clarity and consistency in the

interpretation of title 27 regula- tions for implementation and enforcement, the Unified Program will be working towards accomplishing the definitive goal of reducing the impact of hazardous ma- terials on public health and the environment.

The pro- posed amendments are intended to introduce new and revise existing CERS data fields that will align the sys- tem with established reporting requirements of the APSA and UST Programs, improve the regulator and business user experience, improve the accuracy of re- quired reporting and data reported, all of which will in turn, improve regulatory compliance and enforcement of the Unified Program throughout the state, The proposed revisions to the title 27 Data Dictionary language are briefly summarized as follows: I.

Addition of available selections to existing CERS Data Fields for specifying the types of action taken relative to an Underground Storage Tank (UST) and the UST Operating Permit Application information. II. The ability for CERS to automatically generate a unique identification number for each UST in CERS. III. Addition of available selections to existing CERS Data Fields for specifying the use of a UST and its contents. IV . Development of a new

Chapter in the CERS Data Registry to capture and organize the four new CERS Data Fields for the APSA Program, which will provide the opportunity for regulated businesses to electronically report required information for regulated APSA facilities. Anticipated Benefits of the Proposed Regulations CalEPA anticipates that the proposed amendments to the regulations will benefit the protection of public health and safety, worker safety and the environment.

The proposed amendments improve the overall clarity, consistency and coordination of Unified Program regu- lations to ensure compliance with implementation and enforcement at the local regulatory level.

Specifically, California regulated businesses and regulating agencies will benefit from the development and release of CERS 3 as it will enhance the capabilities of the current report- ing system by: • Improving the usability and functionality of electronic reporting features • Providing the ability to document compliance with federal and state regulations Evaluation of Inconsistency/Incompatibility with Existing State Regulations CalEPA evaluated whether or not the proposed regu- lations are inconsistent or incompatible with existing state regulations and has determined that the proposed regulations only affect the existing regulations relative to the Unified Program.

Therefore, the proposed Uni- fied Program regulations are neither inconsistent nor in- compatible with existing state or federal regulations. DISCLOSURES REGARDING THE PROPOSED ACTION CalEPA has made the following initial determinations: California Environmental Quality Act (CEQA) Compliance The changes proposed to Title 27 are exempt from the California Environmental Qual