GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 11−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 13, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0313−18 ....................................... 367 Amendment Multi−County: Regional Water Authority College of the Sequoias Redwood Empire School’ s Insurance Group TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Public Participation — Notice File Number Z2020−0303−16 ........................................... 368 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Returning Over the Limit Contributions — Notice File Number Z2020−0303−15 ............................ 369 TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Food Service Packaging — Notice File Number Z2020−0303−05 ........................................ 370 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Capacity for Informed Consent — Notice File Number Z2020−0303−14 ................................... 376 TITLE 16.

BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS Substantial Relationship and Rehabilitation Criteria — Notice File Number Z2020−0303−09 ................. 379 TITLE 16. BOARD OF BARBERING AND COSMETOLOGY Personal Services Permit and

Schedule of Fees — Notice File Number Z2020−0303−11 ...................... 382 TITLE 16. BOARD OF PHARMACY Substantial Relationship and Rehabilitation Criteria — Notice File Number Z2020−0303−02 ................. 385 TITLE 16. CONTRACTORS STATE LICENSE BOARD Renewal Application Form — Notice File Number Z2020−0303−07 ...................................... 388 (Continued on next page) Time- Dated Material

TITLE 16. CONTRACTORS STATE LICENSE BOARD Substantially Related, Directly and Adversely Related, Rehabilitation and Reapplication Criteria — Notice File Number Z2020−0303−06 ......................................... 392 TITLE 16. DENTAL BOARD OF CALIFORNIA Substantial Relationship Criteria and Criteria for Evaluating Rehabilitation — Notice File Number Z2020−0228−02 ....................................... 402 TITLE 16. NATUROP ATHIC MEDICINE COMMITTEE Substantial Relationship Criteria — Notice File Number Z2020−0303−08 ................................. 405 TITLE 16.

OSTEOPATHIC MEDICAL BOARD OF CALIFORNIA Substantial Relationship Criteria — Notice File Number Z2020−0228−01 ................................. 409 TITLE 16. STRUCTURAL PEST CONTROL BOARD Wood Destroying Organism (WDO) Fee Increase Certificate of Compliance — Notice File Number Z2020−0303−01 ....................................... 412 TITLE 16.

VETERINARY MEDICAL BOARD Animal Physical Rehabilitation — Notice File Number Z2020−0303−10 .................................. 416 GENERAL PUBLIC INTEREST CALIFORNIA ACUPUNCTURE BOARD Notice of Change of Date of Regulatory Hearing and Extension of Written Comment Period Concerning Rehabilitation and Substantial Relationship Criteria (Previously Published in Notice Register 2020, 5−Z) ................................ 420 DEPARTMENT OF FISH AND WILDLIFE Monitoring and Research at California Least Tern Nesting Colonies — Ben Pearl of the San Francisco Bay Bird Observatory, Milpitas, California ...................... 420 DEPARTMENT OF FISH AND WILDLIFE Research on California Ridgway’ s Rail — Jesse L.

Reebs .............................................. 421 FISH AND GAME COMMISSION Notice of Findings — Clara Hunt’ s Milkvetch ....................................................... 421 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Announcement of Extension of the Public Comment Period for Proposed Public Health Goals for Haloacetic Acids in Drinking Water and Availability of the Public Workshop Agenda (Previously Published in Notice Register 2020, 5−Z) .................................................. 422 (Continued on next page)

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Augmentation of Record and Extension of the Public Comment Period for Regulation; Clear and Reasonable Warnings (Previously Published in Notice Register 2020, 5−Z) .................................................. 422 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Stephen Zyszkiewicz Concerning Religious Diet Program and Vegetarian Diet Program ...................................... 423

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 423 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 (USPS 002−931), (ISSN 1041-2654) 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) 888-3600. “Periodicals Postage Paid in Saint Paul, MN.” POSTMASTER: Send address changes to the: CALIFORNIA REGULA TORY NOTICE REGISTER, Barclays, a subsidiary of West, a Thomson Reuters Business, P .O. Box 2006, San Francisco, CA 94126. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

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: Regional Water Authority College of the Sequoias Redwood Empire School’s Insurance Group A written comment period has been established com- mencing on March 13, 2020 and closing on April 27, 2020.

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

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

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

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

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive 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 March 13, 2020. 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 Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. 367

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after April 16, 2020, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on April 14, 2020. BACKGROUND/OVERVIEW

Section 83110 of the Act provides that “[m]eetings of the Commission shall be public except that the Com- mission may provide otherwise for discussions of per- sonnel and litigation.”

Section 83111 states that “[t]he Commission has primary responsibility for the impar- tial, effective administration and implementation of this title.”

Section 83112 provides that “[t]he commission may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this title, and to govern procedures of the Commission.” Regulation 18310 includes general provisions relat- ing to public meetings held by the Commission. Regu- lation 18310 does not include any provisions relating to public participation at Commission meetings.

The proposed regulation would implement rules per- taining to public participation at Commission meetings for the purpose of affording members of the public the opportunity to address the Commission during meet- 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. ings, while also allowing the Commission to run meet- ings effectively and without disruption. REGULATORY ACTION Adopt 2 Cal. Code Regs.

Section 18310.1 — Public Participation at Meetings The Commission will consider the adoption of pro- posed Regulation 18310.1, which will establish proce- dural rules for public participation at meetings, includ- ing, but not limited to, provisions relating to time limi- tations for public comments, order and organization of public comments, and electronically submitted public comments.

At a minimum, the Commission, may consider:  A provision establishing a default three−minute time limit per speaker, per agenda item;  A provision allowing the Chair to require a member of the public to leave a meeting, or have that individual’s opportunity to provide public comment limited, if that individual has purposefully violated the regulation or otherwise purposefully disrupted the meeting, or expressly encouraged another to do so; and  A provision allowing the Commission to reject or “block” any content received from a non−human source, such as a software “bot.” SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues.

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

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 83110, 83111and 83112, Government Code. 368

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z CONTACT Any inquiries should be made to Kevin Cornwall, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/ the−law/fppc−regulations/proposed−regulations−and− notices.html. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after April 16, 2020 at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on April 14, 2020.

BACKGROUND/OVERVIEW Sections 85301, 85302, and 85303 establish limits on contributions to candidates for elective state office. Un- der Regulation 18531, candidates subject to contribu- tions may return excessive contributions within 14 days to avoid violating the Act’s contributions limits. Cur- rently, a committee may return a contribution only prior to deposit.

As stated in public comment to the Commission at the December 19, 2019, Commission meeting, a committee may be unaware of an excessive contribution until it has already been deposited if received by auto deposit or if the contribution only exceeds the limits when aggregat- ed with previous contributions from the same contribu- tor or affiliated contributors. Under existing Regulation 18531, a committee would not be permitted to return the contribution and avoid a violation of the Act’s contribu- 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. tions limits because the contribution has already been deposited. REGULATORY ACTION The Commission will consider amending Regulation 18531 and the applicable rules for returning excessive contributions.

At a minimum, it is anticipated that the Commission will consider permitting the return of ex- cessive contributions after deposit in some circum- stances.

In addition, the Commission may consider any and all other provisions related to Regulation 18531 in- cluding, but not limited to, the following:  The current 14−day deadline for the return of excessive contributions.  Limiting the return of excessive contributions when the committee has actual knowledge that the contribution exceeds the limits at the time of receipt or makes use of the contribution prior to returning it.  Expressly requiring reporting of excessive contributions deposited into the campaign account on the Committee’s applicable campaign statements.  Non−substantive and technical amendments for clarity and readability.

SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on any local entity or program. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. 369

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z REFERENCE The purpose of this regulation is to implement, inter- pret, and make specific Government Code Sections 85301, 85302, and 85303. CONTACT Any inquiries should be made to Katelyn Greene, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC, or by email at kgreene@fppc.ca.gov. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the−law/ fppc−regulations/proposed−regulations−and− notices.html. TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

Chapter 4: Resource Conservation Programs

Article 8: Sustainable Packaging for the State of California Act Sections: 17989−17989.8 PROPOSED REGULATORY ACTION The California Department of Resources Recycling and Recovery (department) proposes to add to the Cali- fornia Code of Regulations, Title 14, Division 7, Chap- ter 4,

Article 8 commencing with

Section 17989. The proposed regulation is intended to clarify processes and develop criteria to determine the types of food service packaging that are reusable, recyclable, or compostable as required by the Sustainable Packaging for the State of California Act (referred to throughout as the “Act”) [Chapter 610, Statutes of 2018 (Allen, Senate Bill 1335)]. PUBLIC HEARING A public hearing to receive public comments has been scheduled for April 28, 2020.

The hearing will be held at the: Joe Serna Jr., Cal EPA Building Byron Sher Auditorium 1001 I Street, 2 nd Floor Sacramento, CA 95814 The hearing will begin at 2:00 p.m. on April 28, 2020 and will conclude after all testimony is given. The department requests that persons making oral com- ments also submit a written copy of their testimony at the hearing. The hearing room is wheelchair accessible. If you have any questions, please contact SB1335@calrecycle.ca.gov.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulation to the department. The written comment period for this rulemaking closes on April 28, 2020. The department will also accept written com- ments during the public hearing described above. Please submit your written comments to: Andrew Parrish Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812−4025 FAX: (916) 319−7291 E−MAIL: SB1335@calrecycle.ca.gov AUTHORITY AND REFERENCES Public Resources Code Sections 40401, 40502, and 42370.2 provide authority for this regulation. The fol- lowing is a list of references cited in this proposed regu- lation: Public Resources Code Sections 42370, 42370.1, 42370.2, 42370.3, 42370.4, 42370.5, 42370.6 and 42370.7. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Integrated Waste Management Act (Division 30 (commencing with

section 40000) of the Public Resources Code) gives the department authority to provide for the protection of public health, safety, and the environment through waste prevention, waste di- version, and safe waste processing and disposal. Public Resources Code

section 40502 requires the department to adopt rules and regulations to implement the Califor- nia Integrated Waste Management Act. Packaging rep- resents nearly one−fourth of materials landfilled in Cal- ifornia and single−use food service packaging is a sig- nificant component of these discards. Implementation of the Act will assist in achieving the goal of 75 percent recycling, composting, or source reduction of solid waste as required by AB 341 (Chesbro,

Chapter 476, 370

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z Statutes of 2011) due to the increased utilization of food service packaging that is reusable, recyclable, or com- postable. In addition, the state will realize a reduction in greenhouse gas emissions as a result of fewer food ser- vice packaging items being sent to landfills. Improperly discarded single−use food service pack- aging contributes to environmental pollution, adversely impacts wildlife, and poses potential health risks to communities across the state.

Food service packaging that is littered contaminates the state’s waterways and has the potential to release toxic ingredients into the en- vironment, negatively impacting soil and water quality. The department estimates $300,000 in annual litter cleanup costs may be saved as a result of reducing the amount of non−recyclable food service packaging used at state food service facilities. Additionally, non− recyclable or non−compostable food service packaging is a contaminant when it is placed in a recycling or com- posting container, which reduces the effectiveness of those programs.

For example, non−recyclable food packaging that is placed in a recycling container may impact the physical properties of recyclable materials collected through the program and harm the overall economic and technical viability of the recycling program. The Act will further the department’s ability to meet its statewide recycling and diversion goals by establish- ing new food service packaging requirements on state food service facilities that will increase the distribution of food service packaging that is compatible with Cali- fornia’s recycling and composting programs.

Specifi- cally, the Act requires the department to evaluate food service packaging items based on criteria unique to the state (such as existing infrastructure, material markets, material composition, and potential environmental im- pacts) to ensure that only reusable, recyclable, or com- postable food service packaging is used by state facilities. Specifically, the proposed regulation will: 1. Clarify

definitions 2. Specify the information that will be published on the List of Approved Types of Food Service Packaging Items (List) 3. Establish criteria to evaluate the potential impact of food service packaging on litter, public health, and wildlife 4. Establish criteria for determining how food service packaging will be evaluated in order to be considered reusable 5. Establish criteria for determining how food service packaging will be evaluated in order to be considered recyclable 6. Establish criteria for determining how food service packaging will be evaluated in order to be considered compostable 7.

Specify the administrative procedures to submit an application for a food service packaging item, or group of items, to be added to the List 8. Specify the conditions under which remaining inventories of noncompliant food service packaging items, or groups of items, may be used 9. Specify recordkeeping requirements The statutory requirements, together with the clarifi- cation provided by the proposed regulation, will assist in the effective implementation of the Act by establish- ing administrative procedures for maintaining the List, submitting applications, and making records available.

In addition, the criteria to determine if food service packaging is reusable, recyclable, or compostable will help protect the state’s recycling and composting infra- structure as well as public health and the environment. During informal rulemaking, staff organized numer- ous stakeholder meetings and held two workshops on April 10, 2019 and June 4, 2019, to solicit feedback on draft concepts and regulatory text.

The comments and input received at these events, additional written corre- spondence, and feedback solicited from multiple state departments and other interested entities further aided the development of the content that was incorporated into the proposed regulation. CONSISTENCY EV ALUATION After conducting an evaluation of existing state regu- lations, the department found that these are the only reg- ulations dealing with determining types of food service packaging that are reusable, recyclable, or com- postable.

The department determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations and that the department is the only agency that can implement this proposed regulation. PLAIN ENGLISH REQUIREMENTS Department staff prepared the proposed regulation pursuant to the standard of clarity specified in Govern- ment Code

Section 11349 and the plain English require- ments of Government Code Sections 11342.580 and 11346.2(a)(1). The proposed regulation is considered non−technical and is written to be easily understood by those parties that will use them. FORMS INCORPORATED BY REFERENCE No documents or forms are incorporated by reference in the proposed regulation. 371

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z MANDATED BY FEDERAL LAW OR REGULATIONS Federal law or regulations do not contain comparable requirements. OTHER STATUTORY REQUIREMENTS The result of the external scientific peer review of the scientific basis of the proposed regulation pursuant to Health and Safety Code

section 57004 will be posted on the department’s website at: https://www.calrecycle. ca.gov/laws/rulemaking/foodservice/. LOCAL MANDATE The department has determined that the proposed regulations do not impose a mandate on local agencies or school districts. FISCAL IMPACT COSTS TO ANY LOCAL AGENCY OR SCHOOL DISTRICT REQUIRING REIMBURSEMENT The department has determined that the proposed regulations do not result in costs to any local agency or school district that must be reimbursed pursuant to Sec- tion 6 of

Article XIII B of the California Constitution and

Part 7 of Division 4 of the Government Code Sec- tion 17500 et seq. COSTS OR SA VINGS TO ANY STATE AGENCY The total annual direct costs to the state are estimated to total $2.3 million, which will be incurred by the de- partment, the Department of General Services (DGS), and food service operations at certain state agencies as described below. The department will incur approximately $152,000 in costs, pursuant to an approved FY19−20 Budget Change Proposal to employ one permanent Senior En- vironmental Scientist (Specialist).

This position, fund- ed by the Integrated Waste Management Account, is de- veloping the regulation and will oversee implementa- tion of the department’s responsibilities pursuant to the Act. DGS anticipates it will incur costs related to updating and executing food service contracts; however, it did not provide an estimated amount of the fiscal impact. Because DGS will not be able to estimate its total annu- al costs until the List is published, 1 the department ac- counted for an annual nominal cost to DGS of about $38,000.

While many food service facilities will be able to pass their increased costs on to their customers, certain agen- cies (e.g., prisons, hospitals, military, fire protection, and conservation corps) do not sell their food and there- fore will not be able to pass on these additional costs. The department estimates the cost impact to these state agencies will be approximately $2.1 million. The de- partment anticipates funding to cover these cost im- pacts may be requested in subsequent budgets by the impacted agencies beginning in Fiscal Year 2021−2022.

NON−DISCRETIONARY COSTS OR SA VINGS TO LOCAL AGENCIES The department has determined that the proposed regulation does not impose any non−discretionary costs or savings upon any local agencies. COSTS OR SA VINGS IN FEDERAL FUNDING TO THE STATE The department has determined that that the proposed regulation will not impact federal funding to the state. HOUSING COSTS The department has determined that the proposed regulation will not have an effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING ABILITY TO COMPETE The department has made an initial determination that the proposed regulation will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. While manu- facturers of food service packaging will be responsible for bearing costs of approximately $1 million in the first year of implementation, these costs represent an in- significant proportion of the profits made on these prod- ucts.

Food service facilities will bear most of the re- mainder of the costs of the regulation. These increased costs are not significant and are expected to largely be passed on to customers. The department has estimated that approximately 20 food service packaging manufacturers will be impacted 1 California Department of Finance. 2018. Bill Analysis, SB 1335 (Allen). 372

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z by these regulations and will bear approximately $1 million in regulatory costs ($50,000 per manufactur- er) every 5 years. These costs include testing the perfor- mance of food service packaging items, data acquisi- tion, and costs to prepare and submit an application. The department estimates that approximately 4,430 food service facilities will be impacted by these regulations and will bear approximately $5 million in regulatory costs (approximately $1,100 per food service facility) every year.

These costs include increased costs to pur- chase compliant food service packaging items and ad- ministrative costs to review the approved List, maintain records, and ensure compliance. The department anticipates that the financial impact on a food service facility or a food service packaging manufacturer as a result of the regulation will vary de- pending on its size and operations.

The modest cost in- crease for food service packaging borne by food service facilities will be passed on to customers (on average $1.50 per customer per year) and to state agencies that provide (not sell) meals (approximately $2 million per year for all impacted state agencies). Food service pack- aging manufacturers are primarily large businesses but may also include some small businesses that manufac- ture niche products. All businesses will incur costs based on the number of food service packaging items they manufacture and sell to food service facilities.

Large businesses that sell more food service packaging items will incur greater costs than small businesses that manufacture fewer food service packaging items. The result is that large manufacturers will pay a greater pro- portion of the regulatory costs than the smaller manufacturers. The department estimates that the costs for food ser- vice packaging manufacturers to comply with these regulations is approximately $1 million every 5 years compared to more than $20 billion in annual revenues.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT CREATION OR ELIMINATION OF JOBS WITHIN CALIFORNIA One Senior Environmental Scientist (Specialist) job was created at the department beginning in Fiscal Year 2019−2020 2 to develop and implement the regulations. This position will conduct ongoing evaluations of food service packaging and establish and update the List. The statute requires DGS to update its website and en- 2 California Department of Resources Recycling and Recovery. 2019. Budget Change Proposal sure that any relevant contract or agreement is updated to conform to these regulations.

DGS did not identify a fiscal impact associated with contracting for reusable, recyclable, or compostable food service packaging that is above and beyond its existing workload. 3 The regula- tions require food service facilities to maintain records that are consistent with existing business practices, and to provide information to the department, upon request. The department anticipates the nominal work associat- ed with these tasks will be performed by existing employees. The department does not expect the loss or creation of industry jobs as a direct result of the regulation.

Howev- er, the department used the Regional Economic Mod- els, Inc. (REMI) economic model to estimate the indi- rect and induced impacts of the regulations to the Cali- fornia economy (Table 1). The results of the REMI eco- nomic model show a slight decrease in the forecasted GDP and employment growth due to (1) the increased administrative costs and testing by food service packag- ing manufacturers, (2) the increased costs of food ser- vice packaging being passed on to consumers, and (3) changes in consumer and government spending pat- terns.

As a result of this change in employment growth, we anticipate a reduction in personal income growth. The decrease in employment and personal income growth is not specific to the impacted industries, but rather is spread out over the entire economy as a result of a decrease in state GDP growth.

Table 1: REMI Model Economic Output Output Year: 2022 — Total State GDP: $3,190,000 M — Decreased State GDP: $4.0 M — Total Net Employment Decrease: 60 jobs — Total Personal Income Decrease: $4 M Output Year: 2023 — Total State GDP: $3,270,000 M — Decreased State GDP: $5.0 M — Total Net Employment Decrease: 68 jobs — Total Personal Income Decrease: $5 M Output Year: 2024 — Total State GDP: $3,350,000 M — Decreased State GDP: $5.0 M — Total Net Employment Decrease: 65 jobs — Total Personal Income Decrease: $5 M CREATION OF NEW BUSINESSES OR ELIMINATION OF EXISTING BUSINESSES WITHIN CALIFORNIA The department does not anticipate the loss or cre- ation of businesses as a direct result of the regulation. 3 California Department of Finance. 2018.

Bill Analysis, SB 1335 (Allen). 373

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z However, the department elected to use the REMI eco- nomic model to estimate the indirect and induced im- pacts of the regulations to the California economy. The results of the REMI economic model show a slight de- crease in the forecasted employment growth due to (1) the increased administrative and testing costs required for food service packaging manufacturers, (2) the in- creased costs of food service packaging being passed on to consumers, and (3) changes in consumer and govern- ment spending patterns.

The REMI model shows a de- crease of 60 jobs in 2022, 68 jobs in 2023, and 65 jobs in 2024. However, the decrease in employment is not spe- cific to the impacted industries (food service facilities and food service packaging manufacturers), but rather is spread out over the entire economy as a result of a de- crease in the state Gross Domestic Product growth. EXPANSION OF BUSINESSES CURRENTLY DOING BUSINESS WITHIN THE STATE The department anticipates a small increased demand for compliant food service packaging items within the state.

Food service packaging manufacturers that pro- duce a portfolio of items may shift their production from those that are likely be deemed noncompliant to those that may be deemed compliant. BENEFITS OF THE REGULATION The benefit of the proposed regulation is the protec- tion of public health and the environment. The benefits associated with the regulation include the following: 1.

Reduction of litter and cleanup costs, improved water quality, and reduced impacts to wildlife: Increasing the use of reusable, recyclable, or compostable food service packaging items in state facilities will result in less litter in the state’s waterways and marine environments where it harms wildlife and destroys habitats. Reducing litter cleanup costs will help alleviate the burden on local communities. The department estimates $300,000 in annual litter cleanup costs may be saved as a result of reducing the amount of non−recyclable food service packaging used at food service facilities. 2.

Increased recovery and reuse: Materials that have robust recycling markets are more likely to be collected for recovery. Much of the food service packaging currently sold in the state, despite labeling claims of “recyclable” or “compostable,” are not compatible with California’s infrastructure and are often contaminants that negatively impact recycling and composting programs. The criteria required by the Act and the proposed regulation will help harmonize recovery and reuse requirements throughout the state and will help the state in achieving its 75 percent source reduction, recycling, and composting goal. 3.

Reduction in greenhouse gas emissions: Materials that can be composted and are accepted at compost facilities are more likely to be diverted from landfills. Diverting compostable food service packaging and the associated food waste to compost facilities will help the department achieve its organic waste diversion goals and reduce greenhouse gas emissions associated with landfilling organic materials, as required by SB 1383 (Lara,

Chapter 395, Statutes of 2016). 4. Reducing toxic chemicals in food service packaging items: Certain chemicals, such as per− and polyfluoroalkyl substances can be harmful to humans and wildlife. The regulations will reduce the amount of these chemicals contained in food service packaging. The magnitude of the reduction in toxic chemicals is unknown, but the reduction will have positive environmental and public health benefits. COST IMPACT ON REPRESENTATIVE PERSON OR BUSINESS The regulations will have measurable impacts on two industries: food service facilities and food service pack- aging manufacturers.

Food service facilities will incur costs to comply with this proposed regulation because compliant food service packaging items are often slightly more expensive than the noncompliant items and due to minor recordkeeping requirements imposed by the Act. Food service facilities that sell meals may pass these minor increased costs on to their customers. Individuals who are given (not sold) meals, such as at prisons, hospitals, and military facilities, will not expe- rience a cost difference because they do not purchase these meals.

Food service packaging manufacturers that seek to be included on the List will incur costs to prepare and submit documentation to the department, including product test results and other required infor- mation to demonstrate compliance with the criteria es- tablished by the regulation. BUSINESS REPORT The proposed regulation does not require businesses to submit routine reports; however, the proposed regu- lation does require a food service packaging manufac- turer to submit documentation to prove that a type of food service packaging meets the criteria for reusable, recyclable, or compostable.

The documentation must be included in an application that is submitted for a food 374

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z service packaging item, or group of items, to the depart- ment for evaluation. Food service packaging items that meet the applicable criteria will be added to the List of Approved Food Service Packaging. The documenta- tion required by food service packaging manufacturers is necessary for the health, safety, and welfare of the people of the state and it is necessary that the proposed regulation apply to businesses that manufacture food service packaging.

EFFECT ON SMALL BUSINESS The department estimates that 97% 4 of the 4,450 food service facilities are small businesses with fewer than 100 employees. 5 The remaining 3% of impacted food service facilities are institutional food service opera- tions at prisons, hospitals, universities, and military fa- cilities with more than 100 employees. The California Department of Rehabilitation Business Enterprise Pro- gram constitutes approximately 50 of the impacted food service facilities.

The federal and state statutes govern- ing the Department of Rehabilitation Business Enter- prise Program provide a “priority” for blind vendors to operate food service facilities in federal and state gov- ernment buildings. The department estimates fewer than 20 food service packaging manufacturers will be impacted by the regu- lation. This estimate is based on the number of food ser- vice packaging manufacturers identified in data provid- ed by the DGS 6,7 and Sysco.

The department staff con- ducted research and determined that approximately 25% of the impacted food service packaging manufac- turers are small businesses with fewer than 100 employ- ees. Business employment data was obtained from in- formation published in corporate reports and on the business’s website.

Third−party sites such as zoominfo.com and owler.com were used when infor- mation was not available directly from the business. 8 CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome 4 Hansen, Katie. 2019. Senior Legislative Director, California Restaurant Association. September 24. 5 Subsection (1)(

A) of Subdivision (

d) of

Section 14837 of the Government Code. 6 Department of General Services. 2017. Contract Pricing. 7 Department of General Services. 2018. Pricing Worksheet. 8 California Department of Resources Recycling and Recovery. 2019. “Packaging manufacturer research.” 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.

The Department invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation during the public comment period. CONTACT PERSON Inquiries concerning the substance of the proposed action may be directed to: Andrew Parrish Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812−4025 PHONE: (916) 341−6458 FAX: (916) 319−7291 E−MAIL: Andrew.Parrish@calrecycle.ca.gov Back−up contact person to whom inquiries concern- ing the proposed administrative action may be directed to: Daphne Molin Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812−4025 PHONE: (916) 341−6221 FAX: (916) 319−7291 E−MAIL: Daphne.Molin@calrecycle.ca.gov A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The department will have the entire rulemaking file, and all information that provides the basis for the pro- posed regulation, available for inspection and copying throughout the rulemaking process.

For more timely ac- cess to the proposed text of the regulation, and in the in- terest of waste prevention, interested parties are encour- aged to access the department’s Internet webpage at: https://www.calrecycle.ca.gov/laws/rulemaking/ foodservice. Copies of the rulemaking file may also be obtained by contacting Andrew Parrish or Daphne Molin using the contact information above, or by submitting a request to: SB1335@calrecycle.ca.gov. As of the date this no- 375

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z tice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regu- lation, the economic and fiscal impact statement, the documents relied upon for the proposed action, and the initial statement of reasons (ISOR). A V AILABILITY OF CHANGED OR MODIFIED TEXT The department may adopt the proposed regulation substantially as described in this notice.

If the depart- ment makes modifications, which are sufficiently relat- ed to the originally proposed text, it will make the modi- fied text, with changes clearly indicated, available to the public for at least 15 days before the department adopts the regulation as revised. Requests for the modi- fied text should be made to the contact person named above.

The department will transmit any modified text to all persons who testify at the public hearing; all per- sons who submit written comments at the public hear- ing; and all persons whose comments are received dur- ing the comment period, and all persons who request notification of the availability of such changes. The de- partment will accept written comments on the modified regulation for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS The Final Statement of Reasons will be made avail- able at the Internet webpage listed above or may be at- tained by contacting the individuals named above. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR), pursuant to the authority granted by Government Code (GC),

section 12838.5 and Penal Code (PC),

section 5055, and the rulemaking authority granted by PC,

section 5058, proposes to amend sec- tions 3999.98, 3999.99, 3999.202, and 3999.203 and adopt sections 3999.204, 3999.204.1, 3999.204.2, 3999.204.3, 3999.204.4, 3999.204.5, and 3999.204.6 of the California Code of Regulations (CCR), Title 15, Division 3, concerning Informed Consent, Capacity Determination for Informed Consent, and Selection of a Surrogate Decisionmaker. PUBLIC HEARING Date and Time: April 27, 2020 — 10:00 a.m. to 11:00 a.m.

Place: 8220 Longleaf Drive Building B, Room 126 Elk Grove, CA 95758 Purpose: To receive comments about this action. 8220 Longleaf Drive, Building B, Room 126, is wheelchair accessible. At the hearing, any person may present statements or arguments orally or in writing rel- evant to the proposed action described in the Informa- tive Digest. The Department requests but does not re- quire that persons who make oral comments at the hear- ing also submit a written copy of their testimony at the hearing. PUBLIC COMMENT PERIOD The public comment period will close April 28, 2020, at 5:00 p.m.

Any person may submit public com- ments in writing (by mail or by e−mail) regarding the proposed changes. To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Poli- cy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by e−mail to HealthCareRegulations@cdcr.ca.gov be- fore the close of the comment period. CONTACT PERSON Please direct any inquiries regarding this action to: D. Gouldy Associate Director Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691−2921 A.

Burrell Staff Service Manager II (

A) Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691−2922 AUTHORITY AND REFERENCE GC,

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, 376

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z liabilities, and jurisdiction of abolished predecessor en- tities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC,

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC,

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections, in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Cor- rections is abolished. PC,

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC,

section 5058 authorizes the Director to prescribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows: Sections 2604 and 5054, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sections 3999.98, 3999.99, 3999.202, and 3999.203 and adopt sections 3999.204, 3999.204.1, 3999.204.2, 3999.204.3, 3999.204.4, 3999.204.5, and 3999.204.6 of the CCR, Title 15, Division 3, governing Informed Consent, Capacity Determination for Informed Con- sent, and Selection of a Surrogate Decisionmaker.

Cur- rent law contains a fair amount of detail as to substan- tive elements for establishing a case; however, current law does not do the following:  Incorporate new procedures into existing regulations.  Specify the forms to be used.  Delineate uniform procedures for institutions and Administrative Law Judges.  Provide procedural due process to affected patients.

The proposed amendments and adoptions of the sec- tions listed above will accomplish the four items indi- cated above and provide authority and direction to CDCR staff for proper identification of patients who meet the criteria for a determination of capacity for in- formed consent in a correctional setting. This action provides the following:  Specifies the provisions of PC,

section 2604 and provides authority and direction to CDCR staff regarding the criteria for determination of capacity for informed consent and selection of a surrogate decisionmaker.  Establishes procedural due process for affected patients.  Details the necessary forms to be used for informed consent, capacity determination and selection of a surrogate decisionmaker.

FORMS INCORPORATED BY REFERENCE  CDCR 7701 (10/19), Penal Code 2604 Rights  CDCR 7702 (10/19), Petition for Capacity Determination  CDCR 7702−1 (10/19), Petition for Capacity Determination — Additional Page  CDCR 7703 (10/19), Renewal Petition for Capacity Determination  CDCR 7704 (10/19), Penal Code 2604 Reconsideration  CDCR 7705 (10/19), Confidential Surrogate Decisionmaker Screening  CDCR 7706 (10/19), Notice of Revocation or Termination of Penal Code 2604 Order BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regulatory action will protect public health and safety, worker safe- ty, and benefit CDCR staff and patients by providing di- rection to CDCR staff for proper identification of pa- tients who lack capacity to give informed consent.

A standardized set of due process procedures regarding forms, patient rights, service of documents, hearing procedures, and documentation of a patient’s lack of ca- pacity to give informed consent will be implemented by all institutions. Appointment of a surrogate decision- maker provides an ethically and legally appropriate method to ensure timely care is provided within the scope of the patient’s known wishes. EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC,

section 11346.5(a)(3)(D), the De- partment must evaluate whether the proposed regula- tions are inconsistent or incompatible with existing State regulations. Pursuant to this evaluation, the De- partment has determined these proposed regulations are not inconsistent or incompatible with any existing regu- lations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no mandates on local agencies or school districts, or a mandate which 377

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z requires reimbursement pursuant to GC,

section 17500−17630. FISCAL IMPACT STATEMENT:  Cost or savings to any State agency: None.  Cost to any local agency or school district that is required to be reimbursed: None.  Other nondiscretionary cost or savings imposed on local agencies: None.  Cost or savings in federal funding to the State: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs because the objective of the proposed action is to provide authority and direction to CDCR staff for proper identification of patients who meet the criteria for a determination of capacity for informed consent in a correctional setting which only affects CDCR staff and patients.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed ac- tion will not have a significant statewide adverse eco- nomic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states because the objective of the proposed action is to provide authority and direction to CDCR staff for proper identification of patients who meet the criteria for a determination of capacity for in- formed consent in a correctional setting which only af- fects CDCR staff and patients.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed regulations will protect public health and safety, worker safety, and benefit CDCR staff and patients by providing direction to CDCR staff for prop- er identification of patients who lack capacity to give in- formed consent. A standardized set of due process pro- cedures regarding forms, patient rights, service of docu- ments, hearing procedures, and documentation of a pa- tient’s lack of capacity to give informed consent will be implemented by all CDCR facilities.

Appointment of a surrogate decisionmaker provides an ethically and legally appropriate method to ensure timely care is pro- vided within the scope of the patient’s known wishes. The proposed regulations will have no effect on the State’s environment because the proposed regulations relate strictly to the internal management of CDCR facilities. The Department has determined that the proposed regulations will have no impact on the creation of new or the elimination of existing jobs or businesses within California or affect the expansion of businesses current- ly doing business in California.

The objective of the proposed action is to provide authority and direction to CDCR staff for proper identification of patients who meet the criteria for a determination of capacity for in- formed consent in a correctional setting, which only af- fects CDCR staff and patients. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department 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.

The objective of the proposed action is to provide authority and direction to CDCR staff for prop- er identification of patients who meet the criteria for a determination of capacity for informed consent in a cor- rectional setting which only affects CDCR staff and patients.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse economic impact on small businesses because the objective of the proposed action is to provide authority and direction to CDCR staff for proper identification of patients who meet the criteria for a determination of capacity for in- formed consent in a correctional setting which only af- fects CDCR staff and patients.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provisions of law. Alternatives Considered: Use of PC,

section 2602 Process The Department considered whether affected pa- tients could be adjudicated within the existing PC, sec- 378

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z tion 2602 administrative process and determined they cannot. PC 2602 is for involuntary psychiatric medica- tion;

whereas the class of patients who may fall under PC 2604 will be alleged to lack capacity for informed consent, who may not meet criteria for involuntary medication on the basis of being a danger to self, danger to others, or gravely disabled. For these reasons, the De- partment rejected this alternative. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail- able, the proposed text and the Initial Statement of Rea- sons (ISOR) of the proposed regulatory action.

The rulemaking file for this regulatory action, which con- tains those items and all information on which the pro- posal is based (i.e., rulemaking file) is available to the public upon request directed to the contact person listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website http://www.cchcs.ca.gov and CDCR institution law libraries. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the contact per- son listed in this Notice.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 calendar days be- fore the Department adopts the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person listed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 16. BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS, AND GEOLOGISTS Sections 416 and 3060 — Substantial Relationship Criteria Sections 418 and 3061 — Criteria for Rehabilitation NOTICE IS HEREBY GIVEN that the Board for Professional Engineers, Land Surveyors, and Geolo- gists (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the indi- viduals listed under “Contact Person” in this Notice.

COMMENT PERIOD Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than April 27, 2020, or must be re- ceived by the Board at the public hearing, if one is re- quested and scheduled. Oral comments will be accepted at the hearing, if one is requested and scheduled.

A V AILABILITY OF MODIFICATIONS The Board, upon its own motion or at the insistence of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified pro- posal will be available for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 481, 482, 493, 6716, 7818, and 8710 of the Business and Profes- 379

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z sions Code (BPC), and to implement, interpret, or make specific BPC sections 141, 475, 480, 481, 482, 488, 490, 492, 493, 6775, 6775.1, 6777, 6779, 7860, 7862, 7863, 7864, 8780, 8780.1, 8783, and 8784, the Board is considering amending Sections 416, 418, 3060, and 3061 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST The Board regulates professional engineers, land sur- veyors, geologists, and geophysicists.

BPC sections 6716, 7818, and 8710 authorize the Board to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Professional Engineers Act (Business and Professions Code

section 6700, et seq.), the Geolo- gist and Geophysicist Act (Business and Professions Code

section 7800, et seq.), and the Professional Land Surveyors’ Act (Business and Professions Code

section 8700, et seq.). BPC

section 141 allows for the use of disciplinary ac- tion taken in other jurisdictions to be considered by the Board. Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), amended BPC sections 475, 480, 481, 482, 488, 490, 492, and 493 relative to substantial relationship and rehabilitation criteria in the use of criminal history, disciplinary history, professional mis- conduct, or prior acts evidence in initial licensing ap- provals or denials, and decisions to suspend, revoke, or discipline licensees. The new provisions will go into ef- fect July 1, 2020.

The primary purpose of this proposal is to implement, interpret, and make specific the provisions of BPC sec- tions 141, 475, 480, 481, 482, 488, 490, 492, and 493 relative to substantial relationship and rehabilitation criteria in the use of criminal history, disciplinary histo- ry, professional misconduct, or prior acts evidence in initial licensing approvals or denials, and decisions to suspend, revoke, or discipline licensees. The Board is proposing the following changes: Amend Sections 416 and 3060 of

Article 1 of Division 5 and

Article 5 of Division 29, respectively, of Title 16 of the California Code of Regulations (Substantial Relationship Criteria): The proposed amendments, for purposes of denial, suspension, or revocation of a license, would add pro- fessional misconduct and out−of−state discipline as grounds requiring the Board to consider the substantial- ly related criteria, and require the Board, in making the substantial relationship determination for a crime, to consider the following criteria: (1) the nature and gravi- ty of the offense; (2) the number of years elapsed since the date of the offense; and (3) the nature and duties of a person holding the license.

The proposal would also add that substantially related crimes, professional miscon- duct, or acts would include violating other state or fed- eral laws governing the practices of professional engi- neering, land surveying, geology, and geophysics. Amend Sections 418 and 3061 of

Article 1 of Division 5 and

Article 5 of Division 29, respectively, of Title 16 of the California Code of Regulations (Criteria for Rehabilitation): The proposed amendments would clarify that the Board, when considering a license denial or discipline on the ground that the applicant or licensee was convict- ed of a crime, would have to determine whether the ap- plicant or licensee made a showing of rehabilitation and is presently eligible for a license, if the applicant or li- censee completed the criminal sentence without a viola- tion of parole or probation.

In making that determina- tion, the proposal would require the Board to consider the nature and gravity of the crime, the length of the pa- role or probation period, the extent to which the parole or probation period was shortened or lengthened, and the reasons therefor, the terms or conditions of parole or probation and the extent to which they bear on the appli- cant’s or licensee’s rehabilitation, and the extent to which the terms or conditions of parole were modified, and why.

The proposal would require a broader set of re- habilitation criteria to be considered for applicants and licensees who had not completed the criminal sentence without a violation of parole or probation, did not suffi- ciently demonstrate their rehabilitation under the nar- rower set of criteria, or when the denial or discipline was based on something other than a conviction.

POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for in- dividuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California’s residents. In addition, the proposal seeks to improve clarity, transparency, and consistency for ap- plicants and licensees in the Board’s use of their crimi- nal histories.

Furthermore, by reducing barriers to li- censure, the Board anticipates there may be benefits to consumers who may have greater access to licensed professionals. 380

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on these topics and has conclud- ed that these regulations are neither inconsistent nor in- compatible with existing state regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: The Board anticipates that there may be an increased cost to the state as a result of amending the sections identified in the regulatory proposal. By further defining the substantial relation- ship and rehabilitation criteria for criminal convictions, Board staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved. The Board anticipates that any addition- al workload would be absorbable within existing re- sources.

Should the workload be greater than anticipat- ed, the Board will seek additional resources through the annual budget process. Cost or Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None.

Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states. The Board has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing busi- nesses, or the expansion of businesses in the State of California.

Cost Impact on Representative Private Person or Business: The agency is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tions would not affect small businesses in the state of California as the Board licenses individuals, not busi- nesses, and the proposed amendments affect only indi- viduals who are applying for licensure or who are al- ready licensed and who have been convicted of a crime or had disciplinary action taken against them in another jurisdiction.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will not have an impact on the creation of jobs or new businesses, the elimination of jobs or existing busi- nesses, or the expansion of businesses in the State of California. Benefits of Regulation: The Board has determined that this proposal may benefit individuals, who would have greater access to licensure, reduce criminal recidivism, and provide eco- nomic opportunity to California residents with a crimi- nal history.

The public may benefit from the proposal with increased access to licensed professionals, which may benefit the health, safety, and welfare of Califor- nia’s consumers. The regulatory proposal does not af- fect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, 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 following alternatives to this proposal were considered:  Option 1: To pursue a regulatory change that requires the Board to find rehabilitation if the applicant completed their terms of their criminal probation or parole. Courts give little weight to the fact that an applicant did not commit additional crimes or continue addictive behavior while in prison or while on probation or parole since they are under the direct supervision of correctional authorities and are required to behave in an 381

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z exemplary fashion. As such, the Board believes that reviewing each individual on the basis of multiple criteria is the better indicator of whether individuals are rehabilitated and not a danger to the public’s health, safety, and welfare. For these reasons, the Board rejected this option.  Option 2: Do nothing, meaning the Board would not adopt the regulations. The Board opted not to pursue this option because, pursuant to AB 2138, the Board is mandated to adopt proposed regulations by July 1, 2020.

Any interested person may submit comments to the Board in writing relevant to the above determinations addressed to the individuals listed under “Contact Per- son” in this Notice. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the individuals listed un- der “Contact Person” in this Notice. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All of the information upon which the proposed regu- latory action is based is contained in the rulemaking file which is available for public inspection by contacting the individuals listed under “Contact Person” in this Notice.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the Contact Person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Nancy Eissler, Assistant Executive Officer Address: Board for Professional Engineers, Land Surveyors, and Geologists 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone Number: 916−263−2241 Fax Number: 916−263−2221 E−Mail Address: Nancy.Eissler@dca.ca.gov The backup contact person is: Name: Jeff Alameida, Administrative Services Manager Address: Board for Professional Engineers, Land Surveyors, and Geologists 2535 Capitol Oaks Drive, Suite 300 Sacramento, CA 95833 Telephone Number: 916−263−2269 Fax Number: 916−263−2221 E−Mail Address: Kara.Williams@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.bpelsg.ca.gov.

TITLE 16. BOARD OF BARBERING AND COSMETOLOGY NOTICE IS HEREBY GIVEN that the Board of Bar- bering and Cosmetology (hereinafter “the Board”) is proposing to take the action described in the Informa- tive Digest. Any person interested may present state- ments or arguments orally or in writing relevant to the action proposed at a hearing to be held from 10:00. a.m.−12:00 p.m. on April 29, 2020, in the Sequoia Room at the Board’s offices at 2420 Del Paso Road, Sacramento, California, 95834.

Written comments, in- cluding those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its offices not later than April 27, 2020, or must be received by the Board at the hearing. The Board, upon its own motion or at the re- quest of any interested party, may thereafter adopt the proposals substantially as described below or may mod- ify such proposals if such modifications are sufficiently related to the original text. With the exception of techni- cal or grammatical changes, the full text of any modi- 382

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z fied proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Authority and Reference: Pursuant to the authority vested by Business and Professions Code (BPC) Sec- tions 7312, 7402.5 and 7421 of the Business and Profes- sions Code (BPC), and to implement, interpret and make specific those sections, the Board is considering changes to Division 9 of Title 16 of the California Code of Regulations as follows: INFORMATIVE DIGEST A. Informative Digest BPC

Section 7402.5 authorizes the Board to “issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regula- tion” and mandates that the Board “issue regulations” setting forth that criteria. The Board therefore is proposing to adopt

Section 965.2 of the California Code of Regulations (CCR) detailing the conditions under which the Board will issue a Personal Service Permit (PSP) and specify those services that may be performed outside of a licensed establishment by barbers, cosme- tologists, estheticians, and manicurists. In keeping with the Legislature’s intent to allow PSP holders to work outside of licensed establishments, the Board is also proposing to adopt

Section 900 to clarify that the defini- tion of “establishment” under BPC

Section 7346 ex- cludes offsite locations where PSP holders perform services. BPC

Section 7312 authorizes the Board to set fees in the amounts necessary to cover the expenses of the Board. The Board is therefore proposing to amend Sec- tion 998 of the CCR to adopt fees that cover the cost of issuing the PSP, pursuant to

Section 7421 of the BPC. B. Policy Statement Overview/Anticipated Benefits of Proposal During the 2015−2016 session, the Legislature passed AB 181, which was signed by the Governor and chaptered on October 2, 2015. The bill required the Board to determine whether to issue a personal service permit and set forth in regulation the conditions under which the permit would be issued. Currently in Califor- nia, all Board−regulated beautification services are re- quired to be performed within a Board−licensed estab- lishment. BCP

Section 7317 specifically states that it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology or electrolysis practices, for compensation, in an establishment or mobile unit which is not licensed by the Board. Legally, Board−licensed professionals can only give services in Board−licensed establishments or mobile units.

However, current trends in the beauty industry show consumers are be- ginning to seek services outside the walls of licensed es- tablishments, and that a number of Board licensees are illegally offering such services in private homes, hotels, businesses, and other non−traditional locations. The creation of a PSP will give these licensees the opportu- nity to participate legally in the workforce as “free- lancers” in the beauty industry while giving the Board oversight over their activities.

Consistency and Compatibility with Existing State Regulations After conducting a review for any regulations that would relate to or affect this area, the Board has evaluat- ed this regulatory proposal and found it is not inconsis- tent or incompatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: There is no expected savings or costs in federal funding to the State. The initial PSP fee of $25 and renewal fee of $10 proposed by the Board for

Section 998 have been set by the Board to cover the cost of issuing PSPs by the Board. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed ac- tion; however, the Board estimates it will cost a first− time applicant $95 to acquire a PSP, and $10 every two years to renew. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed regula- tion will not have an adverse impact on brick−and− mortar small businesses’ ability to attract employees, 383

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z because the number of establishments has grown de- spite the increasing popularity of so−called “on−de- mand” services outside of licensed establishments, which are now being performed illegally by Board li- censees.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will have little or no impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California because the proposed regulation almost ex- clusively affects individuals who are already providing the services in question illegally.

Benefits of Regulation: The Board has determined that this regulatory pro- posal will help protect the health and safety of con- sumers because the PSP will give the Board some abili- ty to oversee barbering and cosmetology activities out- side of brick−and−mortar establishments.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, 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.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained at the hearing or prior to the hearing upon request from the Contact Person named below. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the Web site listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Allison Lee Address: 2420 Del Paso Road, Suite 100 Sacramento, CA 95834 Telephone Number: (916) 575−7100 Fax No.: (916) 928−6810 E−Mail Address: Kevin.Flanagan@dca.ca.gov The backup contact person is: Name: Patricia Garcia Address: 2420 Del Paso Road, Suite 100 Sacramento, CA 95834 Telephone Number: (916) 575−7100 Fax Number: (916) 928−6810 E−Mail Address: Patricia.Garcia@dca.ca.gov Website Access: Materials regarding this proposal can be found at http://www.barbercosmo.ca.gov/laws_ regs/prop_regs.shtml. 384

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z TITLE 16. BOARD OF PHARMACY Substantial Relationship Criteria, § 1770 Criteria for Rehabilitation, § 1769 NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the indi- viduals listed under “Contact Person” in this Notice.

COMMENT PERIOD Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under “Contact Person” in this Notice, must be received by the Board at its office no later than April 27, 2020, or must be re- ceived by the Board at the hearing. Oral comments should be made at the hearing, if any. A V AILABILITY OF MODIFICATIONS The Board, upon its own motion or at the insistence of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

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

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, 493, and 4005 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC sections 141, 475, 480, 481, 482, 488, 490, 492, and 493, the Board is considering amending sections 1769 and 1770 of Division 17 of Title 16 of the Califor- nia Code of Regulations (CCR). INFORMATIVE DIGEST BPC

section 4005 authorizes the Board to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of Pharmacy Law. Additionally, as required under Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this proposal is to implement, interpret, and make specific the provi- sions of BPC sections 141, 475, 480, 481, 482, 488, 490, 492, and 493 relative to substantial relationship and rehabilitation criteria.

Changes to substantial relationship criteria: In ac- cordance with the statutory amendments implemented by AB 2138, beginning July 1, 2020, BPC sections 481 and 493 will require the Board, when considering the denial, suspension, or revocation of a license based on a crime, to determine whether the crime is substantially related to the qualifications, functions, or duties of a li- censee by using specified criteria, including the nature and gravity of the offense, the number of years elapsed since the date of the offense, and the nature and duties of a licensee. Changes to rehabilitation criteria: BPC

section 482 requires the Board to develop criteria to evaluate the rehabilitation of a person when considering the de- nial, suspension, or revocation of a license. Beginning July 1, 2020, BPC

section 482 will require the Board, when considering the denial, suspension, or revocation of a license based on a crime, professional misconduct, or act, to consider whether the applicant or licensee is rehabilitated based on either (1) having completed their criminal sentence without violating parole or probation, or (2) the Board’s standard criteria for evaluating the re- habilitation of applicants and licensees. (BPC § 482, as added by AB 2138, § 9.) Existing regulations: Currently, 16 CCR

section 1770 establishes the criteria for determining when a crime or act is substantially related to the qualifications, functions, and duties of a licensee, and 16 CCR

section 1769 establishes the criteria for evaluating the rehabili- tation of an applicant or licensee when considering the denial, suspension, or revocation of a license. Problem statement: The passage of AB 2138 re- quires 16 CCR sections 1769 and 1770 to be updated to clearly specify the criteria the Board uses when (1) making a substantial relationship determination regard- ing an applicant’s or licensee’s criminal conviction, professional misconduct, or act, or (2) evaluating the re- habilitation of an applicant or licensee when consider- ing denial, suspension, or revocation of a license. 385

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z The Board is proposing the following changes: Amend 16 CCR

section 1770 (Substantial Relationship Criteria): The proposed regulation, for purposes of denial, sus- pension, or revocation of a license, would add profes- sional misconduct and disciplinary actions taken by an- other state, by any agency of the federal government, or by another country as described in BPC

section 141 as grounds requiring the Board to consider the substantial relationship criteria in 16 CCR

section 1769, and re- quire the Board, in making the substantial relationship determination for a crime, to consider the following cri- teria: (1) the nature and gravity of the offense; (2) the number of years elapsed since the date of the offense; and (3) the nature and duties of a person holding the li- cense. The proposal would also clarify that substantial- ly related crimes, professional misconduct, or acts in- clude those which violate or attempt to violate, directly or indirectly, or aid, abet, or conspire to violate various specified state or federal laws. The list would further in- clude crimes, professional misconduct, or acts that in- volve various specified elements. Amend 16 CCR

section 1769 (Criteria for Rehabilitation): The proposed regulation would clarify that the Board, when considering a license denial, suspension, or revocation on the ground that the applicant or li- censee was convicted of a crime, would have to deter- mine whether the applicant or licensee made a showing of rehabilitation and is presently eligible for a license, if the applicant or licensee completed the criminal sen- tence without a violation of parole or probation.

In mak- ing that determination, the proposal would require the Board to consider the nature and gravity of the crime, the length of the parole or probation period, the extent to which the parole or probation period was shortened or lengthened, and the reasons therefor, the terms or condi- tions of parole or probation and the extent to which they bear on the applicant’s or licensee’s rehabilitation, and the extent to which the terms or conditions of parole were modified, and why.

The proposal would require a broader set of rehabilitation criteria to be considered for applicants and licensees who had not completed the criminal sentence without a violation of parole or pro- bation, did not sufficiently demonstrate their rehabilita- tion under the narrower set of criteria, or, in the case of denial proceedings, when the denial proceedings are based on something other than a criminal conviction. s t i F POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for ap- plicants and licensees with criminal convictions or dis- ciplinary histories or who have committed other acts that may be grounds for denial, suspension, or revoca- tion of a license, which may reduce recidivism and pro- vide economic opportunity to California’s residents.

In addition, the proposal seeks to improve clarity, trans- parency, and consistency for applicants and licensees in the Board’s use of their criminal convictions, disci- plinary histories, or other past conduct in its denial, sus- pension, and revocation proceedings. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of imilar regulations on this topic and has concluded that hese regulations are neither inconsistent nor incompat- ble with existing state regulations.

FISCAL IMPACT ESTIMATES iscal Impact on Public Agencies Including Costs or Savings to State Agencies: The Board anticipates that there may be an increased cost to the state as a result of amending and adopting the sections identified in the regulatory proposal. By fur- ther defining the substantial relationship and rehabilita- tion criteria for criminal convictions, Board staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved. Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agen- cies: None.

Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The Board has made an initial de- termination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of 386

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z California businesses to compete with businesses in other states. The Board has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing busi- nesses, or the expansion of businesses in the State of California. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS While the Board does not have, nor does it maintain, data to define if any of its licensees (pharmacies) are a “small business” as defined in Government Code sec- tion 11342.610, the Board has made an initial determi- nation that the proposed regulatory action would not have a significant adverse economic impact directly af- fecting small businesses. This initial determination is based on the absence of testimony to that effect during the development of the proposed regulation, which oc- curred over a few months.

This proposal may impact available qualified potential employees; however, it should not have a significant fiscal impact on small businesses. Furthermore, the regulatory action will not impact small business because the intent of AB 2138 is to reduce barriers to licensure for applicants and li- censees with a criminal history or licensure discipline.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing busi- nesses, or the expansion of businesses in the State of California. Benefits of Regulation: The Board has determined that this proposal may benefit individuals, who would have greater access to licensure, reduce criminal recidivism, and provide eco- nomic opportunity to California residents with a crimi- nal history.

The public may benefit from the proposal with increased access to licensed professionals, which may benefit the health and welfare of Californians. The regulatory proposal does not affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, 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.

To date, the following alternatives were considered: Option 1: To pursue a regulatory change that re- quires the Board to find rehabilitation if the applicant or licensee completed the terms of their criminal probation or parole. Courts give little weight to the fact that an ap- plicant or licensee did not commit additional crimes or continue addictive behavior while in prison or while on probation or parole since they are under the direct su- pervision of correctional authorities and are required to behave in an exemplary fashion.

As such, the Board be- lieves that reviewing each individual on the basis of multiple criteria is the better indicator of whether indi- viduals are rehabilitated and not a danger to the public’s health, safety, and welfare. For these reasons, the Board rejected this option. Option 2: To do nothing, meaning the Board would not adopt the regulations. The Board opted not to pursue this option because per AB 2138, the Board is mandated to adopt proposed regulations by July 1, 2020.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2720 Gateway Oaks, Suite 100, Sacramento, California 95833. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained upon request from the Board at 2720 Gateway Oaks, Suite 100, Sacramento, California 95833. 387

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of rea- sons, once it has been prepared, by making a written re- quest to the Contact Person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Lori Martinez Address: California State Board of Pharmacy 2720 Gateway Oaks, Suite 100 Sacramento, CA 95833 Telephone Number: 916−518−3078 Fax Number: 916−574−8617 E−Mail Address: lori.martinez@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: California State Board of Pharmacy 2720 Gateway Oaks, Suite 100 Sacramento, CA 95833 Telephone Number: 916−518−3090 Fax Number: 916−574−8618 E−Mail Address: debbie.damoth@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.pharmacy.ca.gov.

TITLE 16. CONTRACTORS STATE LICENSE BOARD NOTICE IS HEREBY GIVEN that the Contractors State License Board (CSLB) is proposing to take the ac- tion described in the Informative Digest. Any person in- terested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held in the John C. Hall Hearing Room at the Con- tractors State License Board, 9821 Business Park Drive, Sacramento, California 95827, at 10:00 a.m. on April 28, 2020.

Written comments, including those sent by mail, fac- simile, or email to the addresses listed under Contact Person in this Notice, must be received by CSLB at its office not later than 5:00 p.m. on April 28, 2020 or must be received by CSLB at the April 28, 2020 hearing. CSLB, upon its own motion or at the instance of any in- terested party, may thereafter adopt the proposals sub- stantially as described below or may modify such pro- posals if such modification is sufficiently related to the original text.

With the exception of technical or gram- matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact per- son and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. A. Authority and Reference Citations Pursuant to the authority vested by

Section 7008 of the Business and Professions Code, and to implement, interpret, or make specific Sections 7137, 7140, and 7141 of said Code, CSLB is considering changes to Division 8 of Title 16 of the California Code of Regulations as follows: B. Informative Digest Amend § 853. Renewal Application Form Business and Professions Code

section 7008 autho- rizes CSLB to adopt rules and regulations in accordance with the Administrative Procedure Act that are reason- ably necessary to carry out the provisions of the Con- tractors’ State License Law.

Section 7137 establishes the various fees to be collected by CSLB, including the license renewal and delinquency fees.

Section 7140 sets forth provisions for the timely biennial renewal of an unexpired contractor’s license and states that to renew a license, the licensee “shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the registrar and pay the renewal fee prescribed by this chapter.”

Section 7141 relates to the delinquent renewal of an expired contractor’s license and provides that a delinquency fee is due “if the license is renewed after the expiration date. . . .” The existing language of Title 16, Division 8, Califor- nia Code of Regulations (T16CCR)

section 853 man- dates that the Registrar of Contractors mail a renewal application form with instructions to each licensee prior to the license expiration. It also addresses submission requirements for the renewal of a contractor’s license, 388

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z including the processing of incomplete renewal appli- cations and when a renewal application is considered delinquent. This proposal would amend the regulation to reword and clarify provisions relating to timely and delinquent license renewals and their related submission deadlines consistent with Business and Professions Code sections 7137, 7140, and 7141. The proposed specific provi- sions of T16CCR

section 853 are as described below.  Existing subsection (

b) provides that a renewal application is delinquent if not “postmarked” by the expiration date of the license, but it does not specifically indicate that the license renewal fee must accompany the renewal application. In addition, the existing regulation fails to discuss other possible submission methods (e.g., hand delivery to CSLB headquarters) or due date timelines.

The proposed changes would:  Add criteria that a renewal includes both a complete renewal application and the applicable fee that must be mailed or hand−delivered to CSLB headquarters on or before the license expiration date to be a timely submission, and  Add a provision that failure to comply with these requirements shall result in the renewal application being deemed delinquent.  Existing subsection (

c) discusses when corrections to an incomplete renewal application must be submitted to be considered a timely renewal, but it does not mention methods of submission (mail or hand delivery) and the fact that the corrected documentation can be submitted on the expiration date in addition to before the expiration date. The proposed changes would:  Amend subsection (

c) to indicate that a timely license renewal occurs with the submission of a completed license renewal (application and fee) postmarked or hand−delivered to CSLB’s headquarters “on or before” the license expiration date, and  Add a provision that failure to comply with these requirements shall result in the expiration of the license as set forth in Business and Professions Code

section 7140.  Since these proposed changes would interpret statutory provisions related to expiration and renewal of licenses and their related fees, the Reference Note at the end of the

section is proposed to be amended to add Sections 7137 and 7141. C. Policy Statement Overview/Anticipated Benefits of Proposal CSLB has determined that this regulatory proposal will have the following benefits on the health and wel- fare of California residents, consumers, and contractor licensees: § 853. Renewal Application Form The amendments to T16CCR

section 853 are being proposed to clarify license renewal procedures and specify deadlines for renewing contractors’ licenses consistent with Business and Professions Code sections 7137, 7140, and 7141. These regulatory changes will benefit licensees by providing a better understanding of how and when they must submit their license renewal application and fee(s), as well as any license renewal application cor- rections that may be required to complete the renewal process.

In addition, these changes will benefit the wel- fare of California residents who hire contractors by helping ensure that contractors remain compliant with statutory requirements to keep their licenses actively renewed. Regulatory action is needed because without the reg- ulatory language there could be confusion about license renewal procedures, both timely and delinquent, result- ing in more licensees becoming unlicensed due to non- compliance with renewal requirements. D.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, CSLB 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. This proposal does not conflict with any existing state regulations; it sim- ply clarifies existing state law. E.

Fiscal Impact on Public Agencies / Std. 399 The proposed regulatory action will not result in costs or savings to any state agency, costs or savings to any lo- cal agency or school district that is required to be reim- bursed under

Part 7 of Division 4 (commencing with

Section 17500 of the Government Code), other nondis- cretionary costs or savings on local agencies, or costs or savings in federal funding to the state. The specific fis- cal impacts of the regulatory proposal are described below.  Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: Little or none — the proposed regulatory actions will affect CSLB, but since they are simply clarifying existing regulatory language, they will have little or no 389

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z fiscal impact on CSLB. Any necessary changes to the text of the license renewal applications will be incorporated as part of ongoing form updates and will be printed as the forms are printed each month for the license renewals that occur in that month.  Nondiscretionary Costs/Savings to Local Agencies: None. F. Local Mandate The proposed regulatory action does not impose a mandate on local agencies or school districts.  Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Require Reimbursement: None. G.

Business Impact CSLB has made an initial determination that the pro- posed regulatory action will have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to complete with businesses in other states. The follow- ing studies/relevant data were relied upon in making the above determination: Pursuant to the proposed changes to T16CCR

section 853, licensees may voluntarily decide to hand deliver their license renewal applications to CSLB headquar- ters in lieu of mailing them, which may result in a minor and absorbable cost to the licensee who chooses to drive in lieu of mailing the renewal application to CSLB. For example, if someone were to drive from San Diego to CSLB headquarters, it would be approximately 513 miles; and if they got 25 miles to the gallon and gasoline was $3.90 per gallon, the final cost of the drive would be just about $80.

Since this would be a voluntary decision by the contractor, the individual contractor will have made their own calculation and decision that it is in their best interest to drive the renewal application to CSLB in lieu of mailing it. However, CSLB has been accepting both mailed and hand−delivered renewal applications for many years, and licensees may choose to continue to submit license renewal applications via the mail, which would result in no additional cost to licensees except postage (averaging $0.50 to $6.55 [priority mail]).

Based on years of experience, CSLB anticipates that the vast majority of licensees will continue to mail their re- newal applications. H. Cost Impact on Affected Private Persons or Businesses The cost impacts that a representative private person or business would necessarily incur in reasonable com- pliance with the proposed action and that are known to CSLB are minor and absorbable.

The proposed regula- tory amendments will not affect the creation or elimina- tion of jobs or businesses or the expansion of businesses in California because the proposed amendments will have only minor and absorbable cost impacts on licensees. Pursuant to the proposed changes to T16CCR

section 853, licensees may voluntarily decide to hand deliver their license renewal applications to CSLB headquar- ters in lieu of mailing them, which may result in a minor and absorbable cost to the licensee who chooses to drive in lieu of mailing the renewal application to CSLB. For example, if someone were to drive from San Diego to CSLB headquarters, it would be approximately 513 miles; and if they got 25 miles to the gallon and gasoline was $3.90 per gallon, the final cost of the drive would be just about $80.

Since this would be a voluntary decision by the contractor, the individual contractor will have made their own calculation and decision that it is in their best interest to drive the renewal application to CSLB in lieu of mailing it. However, CSLB has been accepting both mailed and hand−delivered renewal applications for many years, and licensees may choose to continue to submit license renewal applications via the mail, which would result in no additional cost to licensees except postage (averaging $0.50 to $6.55 [priority mail]).

Based on years of experience, CSLB anticipates that the vast majority of licensees will continue to mail their re- newal applications. I. Housing Costs The proposed regulatory action will not have an ef- fect on housing costs. J. Effect on Small Business CSLB has determined that the proposed regulatory action will have only minor and absorbable effects on small businesses because it simply amends existing reg- ulatory language by clarifying ambiguous or incom- plete text. The proposed amendments will have only minor and absorbable cost impacts on licensees, some of which are small businesses.

Approximately 67% of all contractors currently licensed by CSLB are sole ownerships (more than 236,000 out of approximately 350,000 licenses), some of whom may be impacted by the proposed regulatory changes. Pursuant to the proposed changes to T16CCR

section 853, licensees may voluntarily decide to hand deliver their license renewal applications to CSLB headquar- ters in lieu of mailing them, which may result in a minor and absorbable cost to the licensee who chooses to drive in lieu of mailing the renewal application to CSLB. For example, if someone were to drive from San Diego to CSLB headquarters, it would be approximately 513 miles; and if they got 25 miles to the gallon and gasoline was $3.90 per gallon, the final cost of the drive would be just about $80.

Since this would be a voluntary decision by the contractor, the individual contractor will have made their own calculation and decision that it is in their best interest to drive the renewal application to CSLB in 390

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z lieu of mailing it. However, CSLB has been accepting both mailed and hand−delivered renewal applications for many years, and licensees may choose to continue to submit license renewal applications via the mail, which would result in no additional cost to licensees except postage (averaging $0.50 to $6.55 [priority mail]). Based on years of experience, CSLB anticipates that the majority of licensees will continue to mail their renewal applications. K.

Results of the Economic Impact Assessment/ Analysis Impact on Jobs/Businesses CSLB has determined that this regulatory proposal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. The proposed amendments will have only minor and absorbable cost impacts on licensees. Pursuant to the proposed changes to T16CCR

section 853, licensees may voluntarily decide to hand deliver their license renewal applications to CSLB headquar- ters in lieu of mailing them, which may result in a minor and absorbable cost to the licensee who chooses to drive in lieu of mailing the renewal application to CSLB. For example, if someone were to drive from San Diego to CSLB headquarters, it would be approximately 513 miles; and if they got 25 miles to the gallon and gasoline was $3.90 per gallon, the final cost of the drive would be just about $80.

Since this would be a voluntary decision by the contractor, the individual contractor will have made their own calculation and decision that it is in their best interest to drive the renewal application to CSLB in lieu of mailing it. However, CSLB has been accepting both mailed and hand−delivered renewal applications for many years, and licensees may choose to continue to submit license renewal applications via the mail, which would result in no additional cost to licensees except postage (averaging $0.50 to $6.55 [priority mail]).

Based on years of experience, CSLB anticipates that the vast majority of licensees will continue to mail their re- newal applications. Benefits of Regulation CSLB has determined that this regulatory proposal will have the following benefits to the health and wel- fare of California residents, worker safety, and the state’s environment:  Will provide licensees a better understanding of how and when they must submit their license renewal application and fee(s), as well as any license renewal application corrections that may be required to complete the renewal process.

In addition, these changes will benefit the health and welfare of California residents who hire contractors by helping ensure that contractors remain compliant with statutory requirements to keep their licenses actively renewed.  Will not affect worker safety because the proposed amendments do not relate to worker safety. The regulatory proposal simply amends existing language relating to contractor licensing requirements by clarifying ambiguous or incomplete text, none of which relates to worker safety.  Should not affect the State’s environment.

The proposed amendments do not relate to environmental issues specifically, but they would allow licensees to voluntarily decide to hand deliver their license renewal applications to CSLB headquarters in lieu of mailing them, which could increase driving and possibly pollution. For example, if someone were to drive from San Diego to CSLB headquarters, it would be approximately 513 miles; and if they got 25 miles to the gallon, the final gasoline usage for the drive would be just about 20.5 gallons.

Since this would be a voluntary decision by the contractor, the individual contractor will have made their own calculation and decision that it is in their best interest to drive the renewal application to CSLB in lieu of mailing it. However, CSLB has been accepting both mailed and hand−delivered renewal applications for many years, and licensees may choose to continue to submit license renewal applications via the mail, which would result in no additional effect on the State’s environment.

Based on years of experience, CSLB anticipates that the vast majority of licensees will continue to mail their renewal applications. L. Reference to Text and Initial Statement of Reasons CSLB has prepared an initial statement of the reasons for the proposed action and has available upon request all the information upon which the proposal is based.

Copies of the exact language of the proposed regula- tions and any document incorporated by reference therein, the Initial Statement of Reasons, and the infor- mation upon which the proposal is based may be ob- tained at the hearing or prior to the hearing upon request from CSLB at 9821 Business Park Drive, Sacramento, CA 95827. M. Federal Mandate The proposed regulatory action is not mandated by federal law and is not identical to any previously adopt- ed or amended federal regulation. The licensing and regulation of contractors is conducted at the state level, not federal. 391

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z N. Consideration of Alternatives CSLB must determine that no reasonable alternative it considered to the regulation or that has been identified and brought to its attention would be either more effec- tive in carrying out the purpose for which the action is proposed, would be as effective as and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost−effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. O. Availability of Final Statement of Reasons and Rulemaking File All the information upon which the proposed regula- tory action is based is contained in the rulemaking file which is available for public inspection by contacting the person named below. Interested parties may obtain a copy of the Final Statement of Reasons once it has been prepared by making a written request to the contact per- son named below. P.

Website Access Materials regarding the proposed regulatory action can be found at www.cslb.ca.gov. Q. Contact Person Inquiries or comments concerning the proposed ad- ministrative action may be addressed to: Contractors State License Board 9821 Business Park Drive Sacramento, CA 95827 Attn: Betsy Figueira (916) 255−3369 (916) 364−0130 (FAX) Betsy.Figueira@cslb.ca.gov The backup contact person is: Michael Jamnetski (916) 255−2798 (916) 364−0130 (FAX) MichaeI.Jamnetski@cslb.ca.gov Inquiries concerning the substance of the proposed regulations may be directed to Betsy Figueira at (916) 255−3369. TITLE 16.

CONTRACTORS STATE LICENSE BOARD NOTICE IS HEREBY GIVEN that the Contractors State License Board (CSLB or Board) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held in the John C. Hall Hearing Room at the Contractors State License Board, 9821 Business Park Drive, Sacramento, California 95827, at 11:00 a.m. on April 28, 2020.

Written comments, including those sent by mail, fac- simile, or email to the addresses listed under Contact Person in this Notice, must be received by CSLB at its office not later than 5:00 p.m. on April 28, 2020, or must be received by CSLB at the April 28, 2020 hearing. CSLB, upon its own motion or at the instance of any in- terested party, may thereafter adopt the proposals sub- stantially as described below or may modify such pro- posals if such modification is sufficiently related to the original text.

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

Authority and Reference Citations Pursuant to the authority vested by Sections 480, 481, 482, 493, 7008, and 7073 of the Business and Profes- sions Code, and to implement, interpret, or make specif- ic Sections 7.5, 141, 480, 481, 482, 485, 486, 488, 490, 493, 496, 7066, 7069, 7073, 7090, 7102, 7123, and 7124 of said Code and Sections 530.55