Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 37-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 16, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0906–01 ....................................... 1043 AMENDMENT MULTI–COUNTY: 375 Beale Condominium Corporation Tri Valley San Joaquin Valley Regional Rail Authority STATE AGENCY: California Exposition and State Fair California State Library TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Recall Elections — Notice File Number Z2022–0906–06 ............................................... 1044 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Bank Account Signer Disclosure — Notice File Number Z2022–0906–07 ................................... 1045 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Minors — Notice File Number Z2022–0906–08 ....................................................... 1046 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Light Brown Apple Moth (LBAM) Interior Quarantine — Notice File Number Z2022–0901–01 ................. 1048 TITLE 4.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Licensing of Permanent Non–Contiguous Areas — Notice File Number Z2022–0906–09 ...................... 1050 TITLE 4. GAMBLING CONTROL COMMISSION Incident Reporting — Notice File Number Z2022–0901–04 ............................................. 1052 TITLE 4. HORSE RACING BOARD Minimum Weights to Be Carried — Notice File Number Z2022–0901–05 .................................. 1057 (Continued on next page)

TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Repeal of Ability–to–Benefit Language — Notice File Number Z2022–0906–03 ............................. 1060 TITLE 16. BOARD OF REGISTERED NURSING Categories and Scope of Practice of Nurse Practitioners — Notice File Number Z2022–0906–02 ............... 1063 TITLE 16. BOARD OF BEHA VIORAL SCIENCES Exam Waiting Periods; Corporations; Accreditation — Notice File Number Z2022–0906–12 ................... 1066 TITLE 16.

DENTAL HYGIENE BOARD OF CALIFORNIA Site Visits, Investigations, Citations and Fines, and Probationary Status for Dental Hygiene Educational Programs — Notice File Number Z2022–0906–01 .................................................... 1069 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Beaver Creek Barrier Removal Project (Tracking Number: 1653–2022–100–001–R1), Siskiyou County .......................................................... 1073 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Hal Brown Park Tidal Restoration Project (Tracking Number: 1653–2022–101–001–R3) Marin County ............................................................ 1074 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request No. 1653–2022–098–001–R1, Upper Sugar Creek Accelerated Wood Recruitment Project — Phase II, Siskiyou ...................................................... 1074 DECISION NOT TO PROCEED DEPARTMENT OF CORRECTIONS AND REHABILITATION Concerning Release Funds and Assistance for Exonerated Persons ....................................... 1077 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Developmental and Reproductive Toxicant Identification Committee Meeting Announcement October 18, 2022 ............................................................................... 1077

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1078 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1043 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–in- terest codes, will review the proposed/amended con- flict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: 375 Beale Condominium Corporation Tri Valley San Joaquin Valley Regional Rail Authority STATE AGENCY: California Exposition and State Fair California State Library A written comment period has been established commencing on September 16, 2022 and closing on October 31, 2022.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten- tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest code(

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

s) will be submit- ted to the Commission for review. The Executive Director of the Commission will review 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 certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, 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, ar- guments or comments, in writing to the Executive Di- rector of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than October 31, 2022. 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. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the 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–in- terest 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 con- flict–of–interest codes pursuant to the Political Re- form Act and amend their codes when change is ne- cessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code(

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1044 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act)1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti- tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tion at a public hearing on or after October 20, 2022 at the offices of the Fair Political Practices Commis- sion, 1102 Q Street, Suite 3000, Sacramento, Califor- nia, commencing at approximately 10:00 a.m. Written comments should be received at the Commission offic- es no later than 5:00 p.m. on October 18, 2022.

BACKGROUND/OVERVIEW Commission staff has identified a need for clarifica- tion on various reporting requirements under the Po- litical Reform Act (“the Act”) related to state and local recall elections.

The proposed amendments will clar- ify that the Act’s voluntary expenditure ceiling limit for a “general election” applies to state recall replace- ment candidates, specify that the target officer of a recall is not required to file a candidate statement of economic interests, clarify that preelection reports and late contribution reports are not required for a target officer’s other controlled committees by virtue of the recall being on the ballot, address the termination re- quirements for a target officer recall committee, and specify which disclosures are required on recall and replacement candidate campaign advertisements.

Pro- posed amendments include amendments to Regula- tion 18531.5. 1 The Political Reform Act is contained in Government Code Sections 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 Sec- tions 18104 through 18998 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. REGULATORY ACTION Amend 2 Cal. Code Regs.,

Section 18531.5, subdivision (b)(2) — Voluntary Expenditure Ceiling Limit for State Replacement Candidates The Commission may consider amending Regula- tion 18531.5 to add a reference to the “general elec- tion” voluntary expenditure limit language in subdi- vision (b)(2) of 18531.5 to clarify that the Act’s gener- al election voluntary expenditure limit applies to re- placement candidates as opposed to the primary elec- tion limit. Amend 2 Cal. Code Regs.,

Section 18531.5, subdivision (c)(1) — Preelection Reports & Late Contribution Reports The Commission may consider amending Regula- tion 18531.5(c)(1) to clarify that a target officer’s oth- er controlled committees are not required to file cam- paign statements pursuant to Regulation 18405(

a) though they may otherwise be required to under Sec- tion 84200.5. Additionally, the Commission may con- sider adding language to specify that contributions to any other controlled committee of the target officer will not incur late contribution reporting requirements pursuant to Sections 82036 and 84203 by virtue of the recall measure pertaining to the target officer appear- ing on the ballot. Amend 2 Cal. Code Regs.,

Section 18531.5, subdivision (c)(1) — Recall Target Statement of Economic Interests The Commission may consider amending Regula- tion 18531.5(c)(1) to include language clarifying that a recall target officer is not required to file a candidate Statement of Economic Interests (SEI). Amend 2 Cal. Code Regs.,

Section 18531.5, subdivision (c)(2) — Replacement Candidate Statement of Economic Interests The Commission may consider amending Regula- tion 18531.5(c)(2) to include language clarifying that a replacement candidate is required to file a candidate Statement of Economic Interests (SEI). Amend 2 Cal. Code Regs.,

Section 18531.5 to add new subdivision (d) — Target Officer Recall Committee Termination The Commission may consider amending Regula- tion 18531.5 to add a new subdivision (

d) to specify that after the recall election, the target officer’s com- mittee must wind down its activities and dissolve within 12 months. Any remaining funds shall be treat- ed as surplus funds and shall be expended within 30 days. However, the committee may remain open for more than 30 days only to receive refunds from ven- dors and government entities for items paid on or prior to the recall date, and to pay expenses associated with winding down the committee including expenses as- sociated with tax preparation, audit compliance, and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1045 to pay outstanding invoices for items incurred on or before the recall election date. Amend 2 Cal. Code Regs.,

Section 18531.5 to add new subdivision (e) — Advertisements by Target and Replacement Candidates The Commission may consider amending Regula- tion 18531.5 to add a new subdivision (

e) to specify:

(1) Advertisements paid for by a target officer’s com- mittee formed to oppose the recall shall include the disclosures required for ballot measure adver- tisements paid for by a committee other than a candidate–controlled committee established for elective office of the controlling candidate or po- litical party committee.

(2) Advertisements paid for by a replacement candi- date’s committee for election that both support the candidate and pertain to the recall shall in- clude the same disclosures as a candidate’s adver- tisements for the candidate’s own campaign.

(3) Advertisements pertaining to the recall paid for from a separate ballot measure committee con- trolled by the replacement candidate shall include the disclosures required for ballot measure adver- tisements paid for by a committee other than a candidate–controlled committee established for elective office of the controlling candidate or a political party committee.

(4) Non–candidate controlled committees primari- ly formed to support or oppose the recall shall include the disclosures required for ballot mea- sure advertisements paid for by a committee oth- er than a candidate–controlled committee estab- lished for elective office of the controlling candi- date or political party committee. SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im- plement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government.

This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on any local entity or program. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, in- terpret, and make specific Government Code Sections 82007, 82036, 82043, 84200.5, 84200.8, 84203, 84107, 84211, 84214, 84305, 84310, 84502, 84503, 84504, 84504.1, 84504.2, 84504.3, 84504.4, 84504.7, 84511, 85200, 85301, 85302, 85315, 85702.5, and 87201. CONTACT Any inquiries should be made to Erika M.

Boyd, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC, or by email at eb- oyd@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 2. FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act)1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Reg- ulations. The Commission will consider the proposed regulation at a public hearing on or after OCTOBER 20, 2022, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commencing at approximately 10:00 a.m. Written comments must be received at the Commis- sion offices no later than 5:00 p.m. on OCTOBER 18, 2022.

BACKGROUND/OVERVIEW Commission staff has identified a need for commit- tees to disclose the names of individuals who have au- thorization to obtain campaign bank account records on the committee’s Statement of Organization (Form 410). This issue was raised by the Commission’s Au- dits & Assistance Division (“Audit Division”). The Audit Division has had difficulty attempting to locate 1 The Political Reform Act is contained in Government Code Sections 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 Sec- tions 18104 through 18998 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1046 a person who has the authority to provide the Audit Division with needed financial records when a trea- surer is unavailable (e.g., death or incapacity) for pur- poses of completing an audit. Having this information available to Audit Division staff will allow for staff to complete more efficient and timely audits and will lim- it the need for Audit Division staff to rely on the Com- mission’s Enforcement Division staff to issue subpoe- nas to gain this information.

These amendments will also assist the Franchise Tax Board Political Reform Audit Program when conducting its committee audits. Proposed amendments include amendments to Regu- lation 18410. REGULATORY ACTION Amend 2 Cal. Code Regs.

Section 18410 — Statement of Organization The Commission may consider amendments to Regulation 18410. Regulation 18410 currently pro- vides rules for what must be disclosed on the Form 410 when a committee qualifies under the Act.

Section 84101 of the Act requires the filing of a Form 410 for persons who raise $2,000 or more in contributions in a calendar year in order to form a campaign committee.2

Section 84102 and Regulation 18410 set forth what is required to be disclosed on the Form 410 including the name and address of the committee, name and address of the committee’s treasurer and principal officer(s), the name and address of the financial institution where the committee’s bank account is located and the bank account number.

The proposed amendments to existing Regulation 18410 will add a requirement that all qualified com- mittees disclose on the Form 410 the names of at least three persons authorized to obtain the financial re- cords of the committee from the financial institution where the bank account is maintained, but to have the names redacted in the same manner as bank account numbers pursuant to Sections 84602 and 84615.

In the case where there are less than three persons autho- rized to obtain the financial records from the financial institution where the bank account is maintained, then all persons that are authorized shall be listed. SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im- plement its decisions concerning the issues identified above or any related issues. 2 A committee may file the form prior to qualifying (i.e., prior to receiving $2,000 or more in contributions) and will mark “not yet qualified” on the Form 410.

However, bank account information is not required if the committee has not yet qualified. The Form 410 must be amended to include the bank account information within 10 days of qualifying as a committee pursuant to

Section 84101. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on any local entity or program. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, in- terpret, and make specific Government Code Sections 84101, 84102, 84103, 84602 and 84615. CONTACT Any inquiries should be made to Katelyn Greene, Fair Political Practices Commission, 1102 Q Street, 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 authority vested in it under the Political Reform Act (the Act)1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti- tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tion at a public hearing on or after October 20, 2022, at the offices of the Fair Political Practices Commis- sion, 1102 Q Street, Suite 3000, Sacramento, Califor- nia, commencing at approximately 10:00 a.m. Written 1 The Political Reform Act is contained in Government Code Sections 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 Sec- tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1047 comments should be received at the Commission offic- es no later than 5:00 p.m. on October 19, 2022. BACKGROUND/OVERVIEW The Act seeks to address the influence of campaign contributions and abusive practices through effective campaign finance disclosure laws. The Act requires the disclosure of receipts and expenditures in an elec- tion campaign and maintains a vigorous enforcement of these requirements. These laws act to fully in- form voters and inhibit improper practices. (Sections 81002(

a) and (f).) Treasurer and Assistant Treasurer To this end, the Act requires that every recipient committee (defined in

Section 82013(a)) have a pub- licly identified treasurer in order to function, and that the individual in this role is responsible for ensuring a committee’s compliance with the Act’s campaign fi- nance rules, record retentions and disclosures. (Sec- tions 84100(a), 84102(

c) and (d), and Regulation 18401.) The treasurer must sign all the committee’s filings un- der the Act and verify under penalty of perjury that “the filer has used all reasonable diligence in its prepa- ration and that to the best of the filer’s knowledge it is true and complete.” (Section 81004(b).) A treasurer in violation of these duties could face in criminal, civil, or administrative penalties. (Section 84102(

c) and (d).) A recipient committee’s designated assistant treasurer shares the same verification duties as the treasurer in signing and verifying campaign statements. (Section 84100(b).) Responsible Officer and Principal Officer Similarly, an entity’s “responsible officer” or “prin- cipal officer,” each has important compliance, re- cord–keeping, and campaign statement signing and verification duties under the Act.

A principal officer must likewise sign and verify statements under Sec- tion 81004(b), be publicly disclosed, and has record– keeping and compliance duties under the Act. (Sec- tions 82047.6, 84104, 84213(b), and Regulation 18402.1.) In addition to signing and verification du- ties under

Section 81004(b), a responsible officer must be publicly identified, and a limited liability compa- ny’s responsible officer may be held liable for a viola- tion of the Act pursuant to

Section 83116.5. (Regula- tion 18402.2(

a) and (c).) Capacity Issues: Minors The Act does not explicitly exclude a minor2 from acting as a recipient committee treasurer or assistant treasurer, or as an entity’s responsible officer or prin- cipal officer. However, a minor has a limited legal ca- pacity. The state of California has made certain con- 2 A minor is defined as an individual under 18 years of age. (Family Code

Section 6500.) tracts entered into by minors void or voidable since at least 1874. (I.B. v. Facebook, Inc. , (2015) 82 F. Supp. 3d 1115, 1118, [citing former Sections 33 and 34 of the Civil Code, now located in Family Code sections 6701(

c) and 6710.]) A minor cannot give a delegation of power, nor make a contract relating to real property, or relating to any personal property not in their imme- diate possession or control. (Ibid.) A minor may make any other contract, in the same manner as an adult, however, that contract is subject to the minor’s pow- er of disaffirmance, meaning the minor may void such a contract before or shortly after reaching adulthood. (Family Code sections 6700, 6710.) In a criminal law context, a minor’s capacity to know of the wrongful- ness of their actions in committing a crime is an issue as well. (Penal Code

section 26.) If allowed to assume the role of treasurer, assistant treasurer, responsible officer, or principal officer, it is likely that campaign finance violations or the signa- ture and verification of campaign statements under penalty of perjury would therefore not be enforceable against a minor. It is equally a concern that a minor could be improperly placed in these roles by design in order to avoid the purposes of the Act’s campaign re- porting laws.

Proposed Regulation 18400 To address this issue, staff proposes regulatory lan- guage setting 18 as the minimum age for an individual to serve in the role of treasurer, assistant treasurer, re- sponsible officer, or principal officer. This language is necessary to ensure the Act’s purposes. The Commis- sion has the implied authority to set qualifications for these roles so that proper campaign finance practices and reporting are maintained, and effective enforce- ment may be carried out. REGULATORY ACTION Adopt 2 Cal. Code Regs.

Section 18400. Commission staff proposes Regulation 18400 to set a minimum age of 18 for an individual to serve as a treasurer, assistant treasurer, responsible officer, or principal officer. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issue identified above or any related issue.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1048 FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Programs. N o n e . AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Sections 81004, 82047.6, and 84100, Government Code. CONTACT Any inquiries should be made to L. Karen Harrison, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; email: KHarrison@ FPPC.CA.Gov; 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 3.

DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart- ment) proposes to repeal

Section 3434 of Title 3 of the California Code of Regulations (CCR) pertain- ing to the Light Brown Apple Moth (LBAM) interior quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub- lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ- ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department.

Com - ments may be submitted by USPS or email. The writ- ten comment period closes on November 11, 2022. The Department will consider only comments received at the Department offices by that time or postmarked no later than November 11, 2022. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N St, Sacramento, CA 95814 Erin.Lovig@cdfa.ca.gov 916.403.6650 Questions regarding the substance of the proposed regulation should be directed to Erin Lovig.

In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. Unless there are substantial changes to the pro- posed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice with- out further notice to the public. Following the public hearing, if one is requested, or following the written comment period if none is requested, the Department, at its own motion, or at the instance of any interest- ed person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to repeal CCR

Section 3434 pursuant to the authority vested by Sections 401 and 407 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5301, and 5302 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The effect of the repeal of this regulation is to re- move the State’s interior quarantines that regulates the interstate movement of LBAM host material and other regulated articles.

ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION The repeal of this regulation benefits interstate ship- pers of California of host commodities and regulat- ed articles which would otherwise face unnecessary interstate commerce restrictions. Nurseries shipping regulated material in California from within the quar- antines areas will benefit by not having to hold their material for proper certification. Additionally, coun- ties currently receiving regulated material will benefit by not being required to enforce the quarantines. They

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1049 will be able to direct resources toward more effective activities. It is the Department’s responsibility to repeal reg - ulations that the Department no longer has authority to enforce, and due to LBAM is no longer being con- sidered a threat to California agriculture or the envi- ronment, CDFA lacks authority to enforce an LBAM quarantine.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered other possible related regulations in this area and found that these are the only regulations dealing in this subject area, and the only State agency that can implement plant quaran- tines is the Department. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of these regulations and has determined that it is not inconsistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts.

Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: None. Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: None.

Small business determination: The Department has determined that the proposed regulations should not affect small businesses because the repeal of these regulations removes all regulatory requirements and there are no costs associated with compliance.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Amendment of these regulations: (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of busi- nesses within the State of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is not expected to benefit the health and welfare of California residents, (5) is not expect- ed to benefit the state’s environment, and (6) is not ex- pected to benefit workers’ safety.

The proposed repeal of these regulations ensures the responsibility to repeal regulations that the De - partment no longer has authority to enforce.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered to the regulations or that has otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as effective and less burdensome to affected private per- sons than the proposed action or would be more cost– effective to affected private persons and equally ef- fective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

Alternative approaches would not be autho- rized under the Food and Agricultural Code. It is the Department’s responsibility to repeal regulations that the Department no longer has authority to enforce. LBAM is no longer considered a threat to California agriculture or the environment so CDFA cannot en- force a quarantine. A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department has prepared an initial statement of reasons for the proposed actions, has made available all the information upon which its proposal is based, and has available the express terms of the proposed action.

The Department has posted the information re- garding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the pro- posed repeal of regulations in strikeout form may be obtained upon request.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1050 AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice. If the Department makes modi- fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub- lic for at least 15 days before the Department adopts the regulations as revised.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 4.

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. PUBLIC HEARING ABC has scheduled a public hearing on this pro- posed action on Tuesday, November 1, 2022, from 10:00 a.m. to 2:00 p.m. at ABC Headquarters at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834.

This public hearing will also be livestreamed with the link to the meeting available two weeks prior to the meeting on the ABC website here: https://www.abc. ca.gov/law–and–policy/regulations–rulemaking/. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to ABC. The written comment period closes at 5:00 p.m. on Tuesday, No- vember 1, 2022. ABC will consider only comments received at ABC Headquarters by that time.

Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Comments may also be submitted by email to RPU@abc.ca.gov. Please include “Licensing of Per- manent Non–Contiguous Areas” in the subject line of your email. AUTHORITY AND REFERENCE Authority:

Section 25750.5, Business and Profes- sions Code. Reference: Sections 23300, 23399, 24041, 24042.5, 24045.17, 25607, and 25750.5, Business and Profes- sions Code;

Section 65907, Government Code; and

Section 114067, Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations During the COVID–19 pandemic, ABC instituted a regulatory relief notice that allowed licensees who sell alcohol to consumers for consumption on the licensed premsies to obtain a COVID–19 Temporary Catering Authorization (TCA). The TCAs allowed expansions of licensed premises to limit the spread of COVID–19 while allowing licensees to remain open for business. These expansions were done without prior ABC inves- tigation, but also could be revoked through complaints or objection by local law enforcement without a for- mal administrative hearing process.

This led to licens- ees seeking a large amount of premises expansions in a short amount of time, some of them non–contiguous to the licensed premises. In the past, ABC issued some limited non–contiguous expanded premises on a lim- ited case–by–case basis while making sure each one was not a danger to the public health, safety, or wel- fare. Pursuant to AB 61 (Gabriel,

Chapter 651, Stat- utes of 2021) and SB 314 (Wiener,

Chapter 656, Stat- utes of 2021), the Legislature temporarily continued the TCA program by referring to the Fourth Notice of Regulatory Relief implemented by ABC within Busi- ness and Professions Code

section 25050.5. ABC an- ticipates many requests for permanent extensions of licensed premises for non–contiguous areas due to the large influx of temporary non–contiguous prem- ises expansions pursuant to the new law, it is neces- sary for ABC to establish a standard policy for perma- nent non–contiguous licensed premises away from the main previously licensed premises to protect the pub- lic health, safety, and welfare.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1051

Summary of Effect The proposed regulations seek to formally imple- ment standards ABC has used on a case–by–case ba- sis for the approval of non–contiguous licensed prem- ises. The regulatory package was created in response to the influx of non–contiguous TCAs requested pur- suant to the Fourth Notice of Regulatory Relief insti- tuted by ABC in response to the COVID–19 state of emergency, and the Legislature’s subsequent codifica- tion of the program in Business and Professions Code

section 25050.5. ABC anticipates many licensees will seek to make TCA ’s permanent prior to when they ex- pire pursuant to Business and Professions Code sec- tion 25050.5. The regulatory package will notify the public, ABC licensees, local governments, and local law enforcement agencies of the standards that ABC will apply when approving permanent non–contigu- ous licensed areas for continued use by licensees, and how those permanent non–contiguous licensed areas must operate after their approval. However, this pro- posed regulatory package has no effect upon the cur- rently operable TCAs instituted by the Legislature that are set to expire pursuant to Business and Professions Code

section 25050.5. Comparable Federal Statute or Regulations ABC has determined that this proposed regula - tion does not have a comparable federal statute or regulation. Policy Statement Overview The mission of ABC is to provide the highest lev- el of service and public safety to the people of the State through licensing, education, and enforcement. This proposed regulation will provide transparency to licensees subject to the laws and regulations regarding a permanent non–contiguous premises expansion un- der their license.

It also informs the public, local gov- ernments, and local law enforcement agencies how to navigate notifying ABC if any non–contiguous prem- ises expansion poses a threat or danger to the public health, welfare, or safety by non–compliance with the ABC standards pursuant to the proposed regulation.

Benefits Anticipated By establishing the policies and procedures for the issuance and administration of permanent non–contig- uous licensed premises within a regulation, ABC can ensure uniform enforcement and transparent interac- tions with the public, local governments, local law en- forcement agencies and ABC licensees. This will pro- vide benefits to ABC licensed businesses while also protecting the public health, safety, and welfare.

Determination of Inconsistency/Incompatibility with Existing State Regulations ABC has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. Effect Upon Small Businesses in California Although licensees are often small business own- ers, this proposed regulation will have negligible reg- ulatory effect on them. It only seeks to make clear and concise ABC’s policy for the issuance and adminis- tration of permanent non–contiguous premises expan- sions.

This regulatory package has no effect upon the currently operable TCAs instituted by the Legislature that are set to expire pursuant to Business and Profes - sions Code

section 25050.5. Disclosures Regarding the Proposed Action The ABC has made the following initial determinations: 1. Mandate on local agencies or school districts: None. 2. Costs or Savings to any state agency: None. 3. Cost to any local agency or school district that is required to be reimbursed by the state: None. 4. Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Cost impacts on housing costs: None.

Determination of Statewide Adverse Economic Impact on Business The ABC initially determines that the adoption of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to com- pete with businesses in other states.

Results of the Economic Impact Assessment: ABC concludes that it is (1) unlikely that the pro- posal will eliminate any jobs, (2) unlikely that the pro- posal will create an unknown number of jobs, (3) un- likely that the proposal will create an unknown num- ber of new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlike- ly that the proposed regulations will result in the ex- pansion of businesses currently doing business within the state.

ABC does anticipate the proposed regulations will facilitate some small business licensees continuing to maintain staff that would otherwise have been let go at the expiration of the TCA’s due to not having a perma- nent non–contiguous premises expansion. ABC has determined that the proposed regulation has a minimal effect upon the current health and wel- fare of California residents due to the permanent non– contiguous expansion of licensed premises because many of these permanent approvals are already cur- rently in use.

However, it will ensure the ongoing use of non–contiguous licensed premises will not cause any harm to the health, safety, or welfare of Califor- nia residents and this protection will provide a benefit.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1052 ABC has determined that with the proper delinea- tion of non–contiguous licensed premises required by the proposed regulation, it will have no effect upon worker safety because the licensed areas will remain subject to the same rules as all current premises li- censed for the consumption of alcoholic beverages.

ABC has determined this proposed regulation will have no effect upon the environment because it does not change a licensee’s current duty to keep their li- censed premises free of debris and trash that might harm the environment from activity on a permanently licensed non–contiguous premises. Description of All Economic Impacts That a Representative Private Person or Business Would Necessarily Incur in Reasonable Compliance with the Proposed Action The ABC has made an initial determination that the adoption of this regulation will have negligible eco- nomic impact on private persons or businesses.

There is no foreseeable impact on private persons or busi- nesses based on the process laid out in the proposed regulation. Thus, ABC is not aware of any cost impacts that a representative person or business would necessari- ly incur in reasonable compliance with the proposed action. The Need to Require Report from Businesses The proposed regulation does not require any re - ports from ABC licensees or any other business.

Consideration of Alternatives ABC must determine that no reasonable alterna - tive considered by the department or that has other- wise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to effected private persons, than the proposed action, or would be more cost–effective to effected private persons and equally effective in implementing the statutory policy or oth- er provision of law.

ABC invites interested persons to present statement or arguments with respect to alter- natives to the proposed regulation during the written comment period. Agency Contact Person Inquiries concerning the proposed regulatory action may be directed to the agency representative Rob- ert de Ruyter, Assistant General Counsel, (916) 419– 8958, (designated backup contact) Sarah Easter, Asso- ciate Governmental Program Analyst, Law and Policy Unit, (916) 823–1310 or via email at RPU@abc.ca.gov. Availability of Documents ABC prepared an Initial Statement of Reasons for the proposed action.

Copies of the Initial Statement of Reasons, and the full text of the proposed regula- tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len- nane Drive, Suite 100, Sacramento, CA 95834, on or after Monday, September 16, 2022. ABC staff has compiled a record for this rulemak- ing action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

Change to the Proposed Full Text of the Regulation Action If there is any change to the proposed full text of the regulation action in a substantial, or sufficiently relat- ed way, it will be made available for comment for at least 15 days prior to the date on which the department adopts the resulting regulation. Final Statement of Reasons Availability Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from the department contact persons in this notice or may be accessed on ABC’s website listed below.

Internet Access This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, includ- ing the Final Statement of Reasons, when complet- ed, are available on ABC’s website for this rulemak- ing at https://www.abc.ca.gov/law–and–policy/ regulations–rulemaking/. TITLE 4.

GAMBLING CONTROL COMMISSION INCIDENT REPORTING CGCC–GCA–2022–04–R NOTICE IS HEREBY GIVEN that the Califor - nia Gambling Control Commission (Commission) is proposing to take the action described in the Infor- mative Digest after consideration of all relevant pub- lic comments, objections, and recommendations re- ceived concerning the proposed action.

Comments, objections, and recommendations may be submitted as follows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period. To be eligible for the Commission’s consideration, all written comments must be received at its office no later than midnight on November 1, 2022. Com - ments sent to persons and/or addresses other than those specified under Contact Persons, or received

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1053 after the date and time specified above, will be in- cluded in the record of this proposed regulatory ac- tion, but will not be summarized or responded to regardless of the manner of transmission. Written comments relevant to the proposed regulatory action may be sent by mail, facsimile, or e–mail, directed to one of the individuals designated in this notice as a contact person. PUBLIC HEARING The Commission has not scheduled a public hear- ing on this matter. Any interested person, or his or her authorized representative, may request a hearing pur- suant to Government Code

section 11346.8. A request for a hearing should be directed to the person(

s) listed under Contact Persons no later than 15 days prior to the close of the written comment period. ADOPTION OF PROPOSED ACTION After the close of the public comment period, the Commission, upon its own motion or at the instance of any interested party, may thereafter formally adopt the proposals substantially as described below or may modify such proposals if such modifications are suf- ficiently related to the original text.

With the excep- tion of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit oral or written 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 19801(g), 19826(b), 19840, 19841, 19857, 19924, and 19984 of the Business and Professions Code; and to implement, interpret or make specific sections 19826, 19841, 19857, 19920, 19922, 19924, and 19984 of the Business and Professions Code, the Commission is proposing to adopt the following changes to

Chapter 1 of Division 18 of Title 4 of the California Code of Regulations: INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Introduction: The California Gambling Control Commission (Commission) is proposing regulations that would modify the Commission’s incident reporting require- ments. These regulations would implement various as- pects of the Gambling Control Act (Act)1 and provide guidance to the procedures required to submit inci- dent reports. The proposed regulations would apply the requirements to both cardroom business licensees and third–party providers of proposition player ser- vices (TPPPS) business licensees. Existing Law: Business and Professions Code

section 19801, sub- division (g), provides that the California Legislature finds that the public trust that gambling will not endan- ger the public health, safety, or welfare requires com- prehensive measures be enacted to ensure that gam- bling is free from criminal and corruptive elements. Business and Professions Code

section 19826, in pertinent part, assigns the Bureau with the responsi- bility to investigate suspected violations of the Act; to investigate complaints against licensees; to initiate ap- propriate disciplinary actions; and, to approve the play of any controlled game, as specified. Business and Professions Code

section 19857 pro- vides that no gambling license will be issued unless the Commission is satisfied that an applicant is a per- son of good character, honesty, and integrity, does not have a background that includes any prior activities, criminal record, reputation, habits, or associates that pose a threat to the effective regulation of controlled gambling, and that a person in all other respects is qualified to be licensed. Business and Professions Code sections 19840, and 19841 provide the authority and ability for the Com- mission to promulgate regulations regarding the ap - plication process within the controlled gambling industry. Business and Professions Code

section 19920 pro- vides that it is the policy of the State of California that all locations where gambling is conducted is operated in a manner suitable to protect the public health, safe- ty, and general welfare, and that it is the responsibility of operator to employ and maintain of suitable meth - ods of operation and that failure to do so will consti- tute grounds for disciplinary action. Business and Professions Code

section 19922 pro- vides that an operator in must operate in a manner consistent with the Act and those regulations adopted under the Act. Business and Professions Code

section 19924 re- quires operators to maintain security controls over the gambling premises and all operators conducted with- in, and that those controls are subject to the approval of the Commission. Business and Professions Code

section 19984 pro- vides the Commission the authority to provide regu- lations to provide for the licensure of TPPPS, and pro- 1 Business and Professions Code, Division 8,

Chapter 5,

Section 19800, et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1054 vides the Department of Justice the authority to con- duct background checks, financial audits, and other in- vestigatory services as necessary to assist the Com- mission in regulating TPPPS. Effect of Regulatory Action: This proposed action is drafted to streamline the in- cident reporting requirements and to effectively iden- tify the types of violations that should be reported. This regulation provides clear direction to cardroom business licensees and TPPPS business licensees by adopting specific requirements for submitting reports.

Anticipated Benefits of Proposed Regulation: These proposed regulations have the benefit of pro- viding specific procedures that must be followed when filing an incident report. These revised procedures will provide employees of a cardroom business licens- ee with an understanding of what types of violations must be reported without requiring them to make le- gal judgements that are best left to law enforcement officials. By ensuring the Bureau is able to receive the required information, the Bureau’s role in monitoring compliance and protecting the public welfare can be more effective.

Specific Proposal: This proposed action will make changes within California Code of Regulations Title 4 Division 18 as follows:

Chapter 3. Conditions of Operations TPPPS Businesses

Article 1. Security and Use of Player’s Banks Adopt

Section 12282. Incident Reports.

Section 12282 provides incident reporting require- ments for TPPPS business licensees. The reporting of incident reports by TPPPS business licensees utilizes the same form as cardroom business licensees, the In- cident Report Form. Subsection (

a) provides that a TPPPS business licens- ee must submit an incident report after obtaining ev- idence that a reasonably suspected incident, as speci- fied, occurred within any space owned, managed, con- trolled, or rented by the TPPPS business license and involves a TPPPS category licensee, non–licensed em- ployee, or a subcontractor or independent contractor hired by the TPPPS business licensee.

The notification requirement is limited to incidents for which a card- room is not required to submit an incident report and to just those employees, subcontractors, or indepen- dent contractors whose duties are directly related to the underlying business purposes or required adminis- trative processes of the TPPPS business licensee. The specific incidents requiring reporting are the same as required by cardroom business licensees, pursuant to

Section 12395(a)(3). Unlike the requirements provided in

Section 12395,

Section 12282 contains limitations to a TPPPS business licensee’s requirement to report an incident: Subsection (

b) provides that a TPPPS business licensee must submit an incident report when any of its employees or owners have a local city, county, or city and county license, permit, or authorization to work in a gambling establishment approved with con- ditions, denied, suspended, or revoked. Subsection (

c) provides that a TPPPS business licensee must submit an incident report if any of its associated TPPPS endorsee licensees or TPPPS em- ployee type licensees are arrested.

Chapter 7. Conditions of Operations for Gambling Establishments

Article 3. Minimum Internal Control Standards (MICS) for Cardroom Business Licensees Amend

Section 12395. Security. Subsection (

a) provides the minimum security stan- dards that must be included in the gambling enter- prise’s policies and procedures. ● Paragraph (1) provides that access to restricted areas of the gambling establishment, including cages, count rooms, and security offices is limit- ed to authorized personnel. ○ Subparagraph (

A) is amended to provide clarity to the access of non–public areas of the gambling establishment. The areas cov- ered by this provision are limited to those with access to currency or unsecured gam- bling equipment, other than gaming tables. These areas, as provided, include but are not limited to cages, count rooms, vaults, and security offices. A new category of persons has been add - ed to those allowed access to non–public spac- es.

Specifically, these are individuals who have been historically excluded from the term “autho- rized personnel.” These “other persons” will be allowed access to these non–public spaces only if escorted and observed at all times by an au- thorized cardroom employee (cardroom category licensee or holder of a local work permit) either in person or observed through a continuous live sur- veillance system. ○ Subparagraph (

B) is added to create a sep- arate category of rooms for the media stor- age for the surveillance system. This type of space had previously followed the same rules as the other non–public spaces; how- ever, its separation is necessary to acknowl- edge the unique security concerns of these spaces. If the media storage space does not include any currency or unsecured gam- bling equipment, access is limited to autho- rized cardroom employees or other persons

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1055 if escorted and observed at all times by an authorized cardroom employee, like the oth- er spaces, or if observed or reviewed by a cardroom employee using a continuous sur- veillance system. ○ Subparagraph (

C) is added to clarify that this does not interfere with the third–party proposition contract regulations. ● Paragraph (3) provides that cardroom business licensees must file an incident report with the Bureau’s Criminal Intelligence Unit within five business days of specific events occurring.

Para- graph (3) is amended to require cardroom busi- ness licensees to submit the form “Incident Re- port Form.” Paragraph (3) is further amended to require inci- dent reports for violations occurring “within the gambling establishment or in any adjacent spaces owned, managed, controlled, rented, or utilized by the cardroom business licensee for or in connec- tion with the gambling operation.” Additionally, incidents in locations within the gambling estab- lishment or adjacent spaces owned, managed, or rented by the cardroom but are solely utilized by a TPPPS business licensee under the terms of a TPPPS contract need not be reported by the card- room business licensee. ○ Subparagraph (

A) of paragraph (3) pro- vides a list of areas of violation that must be reported; including, violations of the Gambling Control Act, the Commission and Bureau’s regulations, and specified provi- sions of the Civil Code, Health and Safety Code, and Penal Code. Subparagraph (

A) has been amended and expanded to subpara- graphs (

A) through (K). ○ Existing subparagraph (

B) of paragraph (3) provides an additional reporting standard of an owner or key employee obtaining knowl- edge or notice of any reasonably suspected violation of the provisions identified in sub- paragraph (A). Subparagraph (

B) is repealed. ● Existing paragraph (4) is repealed. ● Paragraph (5) provides that when a gambling en- terprise submits a Title 31 Suspicious Activity Report with the Financial Crimes Enforcement Network (FinCEN), the licensee must submit an Incident Report Form to the Bureau and provide a copy of the report along with any transactions or documents upon which the report was based. ● Paragraph (6) provides that when a forfeiture of any unredeemed jackpot or prize is made consis- tent with the gambling establishment’s policies and procedures for either the Self–Restriction or Self–Exclusion Program, the gambling enterprise must provide notification to the Bureau. ● Paragraph (7) provides that the cardroom busi- ness licensee must submit an incident report with- in five business days of determining that any as- sociated work permittee or licensee was arrested. ● Paragraph (8) provides that a cardroom must sub- mit an incident report within five business days of any of its employees or owners having a local city, county, or city and county license, permit, or authorization to work in a gambling establish- ment approved with conditions, denied, suspend- ed, or revoked.

CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission has evaluated this regulatory ac- tion and determined that the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations. The proposed action modifying an existing report- ing requirement of cardroom business licenses and creates a new reporting requirement for TPPPS busi- ness licenses, and is neither inconsistent or incompat- ible with either the Commission’s regulations or any other existing state regulations pertaining to the peti - tion or adoption of regulations.

COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed 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: While there will be a reduction of incident reports submitted by cardroom business licenses it is mostly offset by the new requirement for incident reports by TPPPS business licenses.

As such, the work require- ments of the California Gambling Control Commis - sion and Bureau of Gambling Control will remain un- changed and will not result in either additional costs or savings. Additionally, there will no costs or savings with regard to Federal funding. Non–discretionary Cost or Savings Imposed Upon Local Agencies: None. Mandate Imposed on any Local Agency or School District for which

Part 7 (commencing with

section 17500) of Division 4 of the Gov - ernment Code Requires Reimbursement: None. Cost to any Local Agency or School Dis - trict for which

Part 7 (commencing with sec -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1056 tion 17500) of Division 4 of the Government Code Requires Reimbursement: None. Effect on Housing Costs: None. Impact on Business: The Commission has made a 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.

This deter- mination is based on the following facts or evidence/ documents/testimony: It is estimated that there will be an industry wide savings for cardrooms and an industry wide cost for TPPPS. Specifically, it is anticipated that there will be an annual savings of $515,262 for cardrooms and a cost of $83,028 for TPPPS for a total of savings of $432,234 per year.

These costs and savings will not in- hibit a California business from competing with busi- ness in other states as the gambling industry does not cross state lines and the amounts involved are not sig- nificant enough to effect industry competitiveness. Cost Impact on Representative Private Person or Business: The Commission has determined that this regula - tory proposal amends an existing reporting require - ment for cardroom business licenses, which is current- ly conducted by employees and managers who have other work tasks that they are of a higher priority.

The Commission is estimating an annual savings of $8,310 for an average cardroom. Additionally, the new report- ing requirement of TPPPS business licensees will like- ly not be sufficient to require the hiring of addition- al staff. The Commission estimates an annual cost of $4,370 for an average TPPPS. Effect on Small Business: The Commission has made a determination that the proposed regulatory action would have similar impact on small businesses as it would on a representative business, as noted above.

For this purpose, the defini- tion of a small business as defined by the federal Small Business Administration was utilized. Business Report: The Commission finds that it is necessary for the health, safety, or welfare of the people of the state that the regulation require businesses to submit the re - quired reports. The basis for this determination is that by providing the Bureau with prompt reporting of the identified in- cidents will allow the Bureau to respond or coordinate with local law enforcement, as necessary, to ensure the continued safety of controlled gambling within the State of California.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Commission has determined that this regulato - ry proposal will not have any impact on the creation of new jobs or businesses, the elimination of existing jobs or businesses, or the expansion of businesses in California. The basis for this determination is that this proposed action amends an existing reporting requirement for cardroom business licenses, which is currently con- ducted by employees and managers who have other work tasks that they are of a higher priority.

Addition- ally, the new reporting requirement of TPPPS business licensees will not be sufficient to require the hiring of additional staff. Benefits of Proposed Regulation: These proposed regulations have the benefit of pro- viding specific procedures that must be followed when filing an incident report. These revised procedures will provide employees of a cardroom business licens- ee with an understanding of what types of violations must be reported without requiring them to make le- gal judgements that are best left to law enforcement officials.

By ensuring the Bureau is able to receive the required information, the Bureau’s role in monitoring compliance and protecting the public welfare can be more effective. Health and Welfare of California Residents: It has been determined that the proposed action will protect the health, safety, and general welfare of Cali- fornia residents by aiding and preserving the integrity of controlled gambling. Worker Safety: It has been determined that the proposed action will not affect worker safety because it does not pertain to working conditions or worker safety issues.

State’s Environment: It has been determined that the proposed action will not affect the State’s environment because it has noth- ing to do with environmental issues.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission or that has otherwise been identified and brought to the attention of the Commission would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1057 INITIAL STATEMENT OF REASONS, INFORMATION AND TEXT OF PROPOSAL The Commission has prepared an Initial Statement of Reasons and the exact language for the proposed action and has available all the information upon which the proposal is based. Copies of the language and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231.

A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed ac- tion is based is contained in the Rulemaking File that will be available for public inspection and copying at the Commission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact per- son named below.

You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to one of the contact persons named be- low or by accessing the Commission’s Website listed below.

CONTACT PERSONS All comments and inquiries concerning the sub- stance of the proposed action should be directed to the following primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislation and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220 Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 E–mail: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislation and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220 Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 E–mail: ahunter@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’s website at www.cgcc. ca.gov.

TITLE 4. HORSE RACING BOARD

ARTICLE 6. ENTRIES AND DECLARATIONS RULE 1616. MINIMUM WEIGHTS TO BE CARRIED RULE 1683. MAXIMUM OVERWEIGHT The California Horse Racing Board (Board) pro- poses to amend the regulation described below after considering all comments, objections, and recommen- dations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1616, Minimum Weights to Be Carried, to raise the mini- mum weight to be carried for all races and to establish separate weight minimums for quarter horse races.

This Association of Racing Commissioner’s Interna- tional (ARCI) approach differs slightly from the model rule approach and the Board’s current rule which both set minimum weights, but allow for assigned weights to fall below those minimums when sex and age al- lowances are considered, as well as allow for excep- tions for apprentice allowances and stake races. How- ever, raising the floor for minimum weights also pres- ents the unintended consequence of creating a high- er maximum weight which could detrimentally effect animal welfare.

Therefore, the Board is proposing amendments to Rule 1683, Maximum Overweight, to decrease the allowable overweight for a rider to ride from 7 pounds to 5 pounds, before being removed from his or her mount. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1058 thorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre- sentative, may submit written comments about the proposed regulatory action to the Board. The writ- ten comment period closes on October 31, 2022. The Board must receive all comments by that time.

Submit comments to: Zachary Voss, Policy and Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6036 Fax: (916) 263–6042 Email: zavoss@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19562 and 19590, Busi- ness and Professions Code (BPC). Reference: Sections 19562 and 19590, BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19562 provides that the Board may pre- scribe rules, regulations, and conditions under which all horse races with wagering on their results shall be conducted in California. BPC

section 19590 provides that the Board shall adopt rules governing, permitting, and regulating pari–mutuel wagering on horse races under the system known as the pari–mutuel method of wagering. Board Rule 1616 sets minimum weights to be car- ried in a race to, but as currently written the Rule en- courages an unhealthy lifestyle that is unattainable for jockeys. The proposed amendment to Board Rule 1616 will raise the minimum weight to be carried for all races and to establish separate weight minimums for quarter horse races which will promote jockey safety and health.

However, raising the floor for minimum weights presents the unintended consequence of creat- ing a higher maximum weight which could detrimen- tally effect animal welfare, so the Board is addition- ally proposing to amend Board Rule 1683, Maximum Overweight, which sets the maximum weight that a horse can carry in any race.

The proposal to Board Rule 1683 will decrease the allowable overweight for a rider to ride from 7 pounds to 5 pounds, before be- ing removed from his or her mount, thus ensuring the horse is not overly burdened and ensuring horse safe- ty and welfare, while continuing to promote jockey health and safety. ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed amendment to Board Rule 1616 and Rule 1683 will improve animal and human welfare by ensuring specific, realistic standards are set for weights to be carried by horses.

Since humans are getting big- ger and heavier, the proposed amendments to Board Rules 1616 and 1683 will ensure there are still a plen- tiful number of jockeys and riders that are able to ride racehorses without causing danger to the horse’s well– being by adding unnecessary weight. These changes to the minimum and maximum weight requirements for riders will benefit the health and welfare of both the human riders and the racehorses by decreasing the likelihood of injury or harm to a racehorse and, conse- quently, those riding or taking care of the horse.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of developing the amendment, the Board conducted a search for any similar regulation on this topic and has concluded that Board Rules 1616 and 1683 are the only regulations that address the use of the minimum and maximum weights in racing. Therefore, the proposed regulation is neither incon- sistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to any local agency or school district that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed amendment to Board Rule 1616 and Rule 1683 will not have a significant, statewide ad- verse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states.

The proposed amend- ment will improve animal and human welfare by en- suring specific, realistic standards are set for weights to be carried by horses. Since humans are getting big- ger and heavier, these amendments to the rules will ensure there are still a plentiful number of jockeys

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1059 and riders that are able to ride racehorses without be- ing a detriment and danger to the horse’s well–being. These changes to the minimum and maximum weight requirements for riders will benefit the health and wel- fare of both the human riders and the racehorses by decreasing the likelihood of injury or harm to a race- horse and, consequently, those riding or taking care of the horse. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: none.

The Board is not aware of any cost impacts that a representative private person or busi- ness would necessarily incur in reasonable compli- ance with the proposed action. Significant effect on housing costs: none. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed amendment to Board Rule 1616 and Rule 1683 will not (1) create or elim- inate jobs within the state; (2) create new businesses or eliminate existing businesses within the state; (3) result in the expansion of businesses currently doing business with the state; or (4) benefit the state’s envi- ronment.

However, it will benefit the health and wel- fare of racehorses and California riders by ensuring both the humans and the horses maintain good health and realistic expectations for safety. Effect on small business: none. The proposal to amend Board Rule 1616 and Rule 1683 does not affect small business because small businesses are not legal- ly required to comply with or enforce the regulation and neither derive a benefit nor incur a detriment from the enforcement of the regulation. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has oth- erwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome on affected private persons than the proposed action, or would be more cost–effective and equally effective in implementing the statutory policy or other provision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Zachary Voss, Policy and Regulations Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6036 Fax: (916) 263–6042 Email: zavoss@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Amanda Drummond, Manager Regulations, Industry Applications, and Administrative Hearings Telephone: (916) 263–6033 Email: amdrummond@chrb.ca.gov A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial state- ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Zachary Voss or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi- ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Zachary Voss at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1060 A VAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has ad- opted the proposed regulation in its current or modi- fied form, should be sent to the attention of Zachary Voss at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of this no- tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 5. BUREAU FOR PRIVATE POSTSECONDARY EDUCATION REPEAL OF ABILITY–TO– BENEFIT LANGUAGE NOTICE IS HEREBY GIVEN that the Depart - ment of Consumer Affairs, Bureau for Private Postsec- ondary Education (hereinafter “Bureau” or “BPPE”) is proposing to take the action described in the Infor- mative Digest below, after considering all comments, objections, and recommendations regarding the pro- posed action.

PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice.

WRITTEN COMMENT PERIOD Written comments relevant to the proposed regula- tory action, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, to be considered by the Bureau, must be received by the Bureau at its office no later than Tuesday, November 1, 2022, by 5 p.m., or must be received by the Bureau at the hearing, if a hearing is held.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Education Code sections 94803, 94877, 94888, and 94891 and to im- plement, interpret, or make specific sections 94802, 94885, 94887, 94888, 94889, 94900, 94904, 94909, 94910, 94927.5, and 94931 of the Education Code, the Bureau is proposing to adopt the following changes to California Code of Regulations Title 5, Division 7.5,

Chapter 3. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau for Private Postsecondary Education (Bureau) protects students and consumers through the regulatory oversight of California’s private postsec- ondary educational institutions (“institutions”) pursu- ant to the California Private Postsecondary Education Act of 2009 (“Act” — Ed.

Code, §§ 94800–94950), including conducting qualitative reviews of educa- tional programs and operating standards In 2021 the legislature passed, and the Gover - nor signed, SB 607 (Chapter 367, Statutes of 2021) which, among other things, repealed sections 94811 and 94904 of the Education Code and amended sec- tion 94909 of the Education Code to delete a reference to “Ability–to–Benefit” tests.

These changes to the Education Code removed references to students be- ing able to demonstrate their capacity for postsecond- ary study by passing an “Ability–to–Benefit” test in lieu of possessing a high school diploma or an equiva- lent. Ability–to–Benefit tests are tests approved by the United States Department of Education that, if passed, demonstrated that a student who lacked a high school diploma was capable of successfully completing study in a variety of subject matter areas and had the ability to benefit from the instruction.

References to Ability–to–Benefit tests occur in four of the Bureau’s regulations. In

section 71210 institu- tions are directed to list information for each educa- tional program, including “If applicable, information regarding the ability–to–benefit examination as re- quired by

section 94904 of the Code.” In

section 71475 institutions applying for renewal of their approval to operate are directed to list in their application infor- mation about each educational program, including, “If applicable, information regarding the ability–to– benefit examination as required by

section 94904 of the Code.” In

section 71770(a), institutions are told that in developing admissions standards, “Each student admitted to an undergraduate degree program, or a di- ploma program, shall possess a high school diploma or its equivalent, or otherwise successfully take and pass the relevant examination as required by

section 94904 of the Code.” Finally,

section 71920 states that an in-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1061 stitution must maintain student records that include, “Verification of high school completion or equivalen- cy or other documentation establishing the student’s ability to do college level work, such as successful completion of an ability–to–benefit test.” Because of the removal of language referring to Ability–to–Benefit tests from the Education Code, it is no longer accurate for regulations to refer to Ability– to–Benefit tests as being required by statute.

However, if institutions wish to incorporate Ability–to–Benefit tests in their admissions process, then that fact should be reported in the same way statutorily required tests were required before SB 607. For the regulations to conform to the revised statuto- ry language, the Bureau for Private Postsecondary Ed- ucation is proposing to amend 5 CCR sections 71210, 71475, 71770, and 71920 to delete references to pass- ing an Ability–to–Benefit test as required by statute, either by deleting the reference entirely (as in

section 71770), or replacing the reference to the repealed stat- ute with a reference to whether the institution chooses to use passage of an Ability–to–Benefit test in its ad- mission process. The regulations will also now con- tain a definition of what is meant by an “ability–to– benefit” test by reference to the federal statute creating them, the federal Higher Education Act of 1965 (20 U.S.C.

Sec. 1070a et seq.) as it is, from time to time, amended, as there is no longer a statutory reference to ability–to–benefit tests in statute. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION Benefits of the Regulation to the Health and Welfare of California Residents: The specific benefit anticipated from the proposed regulation is to have the Bureau’s regulations conform to existing statutory language.

By removing the three references to Ability–to–Benefit tests that were in the Education Code, the legislature is signaling its intent to no longer require students without a high school di- ploma or the equivalent to have to do anything to be eligible for enrolling at postsecondary institutions. The Bureau’s regulations need to accurately reflect the current statutory language that they are interpreting. This regulation does not directly affect the health of California residents.

This regulation may improve the welfare of California residents by conforming regula- tions to existing statutes that broaden access to post- secondary education. Benefits of the Regulation to the State’s Environment: This regulation does not affect the state’s environment. Benefits of the Regulation to Worker Safety: The Bureau has determined the proposed regulatory action will not affect worker safety.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has con- cluded that these regulations are neither inconsistent nor incompatible with existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE None. DISCLOSURES REGARDING THE PROPOSED ACTION Mandated by federal law or regulations: No. Local Mandate: None.

FISCAL IMPACT ESTIMATES Fiscal impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: Cost: None. Revenue: None. Nondiscretionary Costs/Savings to Local Agencies: None Local Mandate: None Cost to Any Local Agency or School District for Which

section 17561 –17630 Require Reimbursement: None. Significant Statewide Adverse Economic Impact Di- rectly Affecting Business, Including Ability to Com - pete: None. Impact on Jobs/New Business: None. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed reg - ulations will not affect small businesses.

The regula- tion will not impose any costs to small businesses and will affect all regulated institutions equally regardless of size.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1062 Business Reporting: The proposed regulations do not require a report to be made. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal 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.

Benefits of Regulation: The proposed regulation will benefit the health and welfare of California residents by bringing the Bu- reau into compliance with the CEC by no longer stat- ing that students without a high school diploma need to pass an Ability–to–Benefit exam to be eligible to enroll at a postsecondary institution. This proposal is not anticipated to benefit worker safety or the state’s environment.

Economic Impact Declaration: The Bureau for Private Postsecondary Education declares that this regulation proposal will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in oth- er states.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above de- terminations at the above–mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of rea- sons for the proposed action and has available all in- formation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and the initial statement of reasons, and all of the in- formation upon which the proposal is based, may be obtained upon request from the Bureau for Private Postsecondary Education, P.O. Box 980818, West Sac- ramento, CA 95798–0818. AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding any requested hearing and consider- ing all timely and relevant comments received, the Bu- reau may adopt the proposed regulations substantially as described in this notice.

If the Bureau makes mod- ifications that are sufficiently 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 days before the Bureau adopts the regulations as revised. Please send requests for copies of any mod- ified regulations to the attention of the contact person listed in this Notice at the address indicated in the be- low ‘contact person’ section. The Bureau will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regu- lations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You can obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the contact person named below or by ac- cessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: David Dumble Address: P.O.

Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6091 Fax: (916) 263–1897 E–Mail Address: David.Dumble@dca.ca.gov The backup contact person is: Name: Yvette Johnson Address: P.O. Box 980818 West Sacramento, CA 95798–0818 Telephone Number: (279) 895–6099 Fax: (916) 263–1897 E–Mail Address: Yvette.Johnson@dca.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1063 A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed reg- ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named above. You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a writ- ten request to the contact person named above, or by accessing the website listed below. Website Access: The Bureau’s website is: http://bppe.ca.gov.

Materi- als regarding this proposal can be found at http://bppe. ca.gov/lawsregs/current.shtml. An archive of the Bu- reau’s prior regulatory actions can be found at http:// bppe.ca.gov/lawsregs/archive.shtml. TITLE 16. BOARD OF REGISTERED NURSING DIVISION 14,

ARTICLE 8

DEFINITIONS, § 1480 CATEGORIES AND SCOPE OF PRACTICE OF NURSE PRACTITIONERS, § 1481 REQUIREMENTS FOR A NURSE PRACTITIONER CERTIFICATION PURSUANT TO BUSINESS AND PROFESSIONS CODE

SECTION 2837.103, § 1482.3 REQUIREMENTS FOR A NURSE PRACTITIONER CERTIFICATION PURSUANT TO BUSINESS AND PROFESSIONS CODE

SECTION 2837.104, § 1482.4 NOTICE TO CONSUMERS, § 1487 NOTICE IS HEREBY GIVEN that the Board of Registered Nursing (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or argu - ments relevant to the action proposed in writing. Writ- ten comments, including 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 of- fice on Tuesday, November 1, 2022, by 5:00 p.m.

The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and rel- evant comments, adopt the proposed regulations sub- stantially as described in this notice, or may modi- fy the proposed regulations if such modifications are sufficiently related to the original text.

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

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 2715, 2786, and 2788, the Board proposes to implement, interpret, and make specific BPC sections 2715, 2725, 2836, 2837.100, 2837.101, 2837.103, and 2837.104, in amend- ing sections 1480 and 1481, and adding sections 1482.3, 1482.4, and 1487 of

Article 8, Division 14 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Nurse practitioners (NP) are highly regulated pro- fessionals who are bound by an ethical code of con- duct, a complex network of overlapping regulations tied to their specific practice facility, and licensure and professional certification standards requiring these professionals to achieve and maintain a minimum lev- el of competency promoting quality of care and patient safety. As outlined in 16 CCR 1481, there are several categories that NPs can specialize in. These specialty categories include:

(1) Family/individual across the lifespan.

(2) Adult–gerontology, primary care, or acute care.

(3) Neonatal.

(4) Pediatrics, primary care, or acute care.

(5) Women’s health/gender related.

(6) Psychiatric–Mental Health across the lifespan. In California, NPs are RNs for purposes of licen- sure, their statutory scope is essentially the same, ex- cept for clinical competency that is gained through ad- ditional preparation and skill through advanced educa- tion. Both RNs and NPs may perform additional med- ical procedures beyond their nursing scopes through standardized procedures. According to BPC

section 2725(c), standardized procedures are policies and protocols formulated by organized health care systems for the performance of

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1064 standardized procedure functions. They are developed collectively by nurses, physicians, and the administra- tion of an organized health care system. Standardized procedures are the codification of the functions nurses may provide beyond the ordinary nursing scope. They are based on the competence of the nurses providing the procedures and include record, referral, and re- quirements of the healthcare setting, among other pa- tient protections. In September 2020, Governor Gavin Newsom signed Assembly Bill (AB) 890 (Wood,

Chapter 265, Statutes of 2020) into law which created two new cate- gories of NPs that could function independently with- in a defined scope of practice without standardized procedures. The bill also defined education, training, national certification, regulatory, and medical staff governance requirements for these two NP categories. In this document, the Board refers to these new categories as 103 NPs (as outlined in BPC

section 2837.103) and 104 NPs (as outlined in BPC

section 2837.104). For NPs to be eligible to practice under these two categories, the Board’s existing regulatory categories and standards need to be amended to reflect the changes imposed by the passage of AB 890. This proposal will: ● Amend the title of

Article 8 of Division 14, Ti- tle 16 from “Standards for Nurse Practitioners” to “Nurse Practitioners” ● Amend

section 1480 to establish a definition for the term group setting ● Amend

section 1481 to change the title from “Categories of Nurse Practitioners” to “Catego- ries and Scope of Practice of Nurse Practitioners” ● Amend

section 1481 to establish the two new categories that NPs can apply for and the corre- sponding scope of practice ● Add

section 1482.3 to establish the requirements for an NP to be certified pursuant to BPC

section 2837.103 ● Add

section 1482.4 to establish the requirements for an NP to be certified pursuant to BPC

section 2837.104 ● Add

section 1487 to establish the requirements for an NP to provide a notice to consumers ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS This regulatory action will implement AB 890 and benefit the health and safety of all Californians by ex- panding access to healthcare for more Californians. From a public health standpoint, the shortage of pri- mary care physicians in rural and underserved areas means that NPs are a critical component to closing the provider gap in California’s highest–need regions.

Al- lowing NPs to utilize the full extent of their educa- tion and training by granting full practice authority is anticipated to result in high–quality care, more pri- mary care providers, and cost savings to the patient. This includes being eligible to serve on medical staff and hospital committees, order durable medical equip- ment, home health care, hospice, and physical and oc- cupational therapy, as well as certify disability. From an administrative standpoint, the Board is providing an orderly means of applying for the new certification categories that will streamline the appli- cation process.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS During the process of developing these regulations and amendments, the Board conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Board has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: None. The proposed reg- ulations do not result in a fiscal impact to the state.

The amendments are intended to provide clarity and to better align the Board’s regulations with current law. Any costs related to the issuance of NP certifica- tions are a result of implementing the provisions of

Chapter 265, Statutes of 2020 (AB 890). The Board notes, current law does not authorize a fee to be charged for certification and no fees are in- cluded in this proposal. As a result, no revenues will be collected. Costs/Savings in Federal Funding to the State: None. The regulations do not result in costs or savings in federal funding to the state. 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 signif- icant statewide adverse economic impact directly af-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1065 fecting businesses, including the ability of California businesses to compete with businesses in other states. The Board has determined that this regulatory pro - posal will likely not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in state of California. Business Reporting Requirements: The regulatory action does not require businesses to file a report with the Board.

Cost Impact on Representative Private Person or Business: The proposed regulation will not result in addition- al costs to individuals who will apply for the two new categories of NPs established by BPC 2837.103 and 2837.104 since no supplementary education or train- ing is required. The Board estimates approximately 32,000 current NPs will apply for the category estab- lished by BPC 2837.103 certifications as it becomes available and subsequently the category established by BPC 2837.104 after they have practiced in good stand- ing for three additional years.

The Board is not aware of any other cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed regulation. Individuals seeking certification will be able to ap- ply either through the Board’s online platform and/or during initial licensure. The Board notes, it does not have statutory fee authority for the issuing of a certi- fication for the category established by BPC 2837.103 and no fees are included in this proposal. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The Board estimates that there will be no increased costs for small businesses with the proposed regula- tions. This change may encourage the two new cat- egories of NPs created by this regulatory process to incorporate as a small business as sole proprietors in future, but the numbers are at this time are difficult to estimate.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Board has determined this regulatory proposal (1) will not create or eliminate jobs; (2) will not cre- ate new business nor eliminate existing businesses; (3) will not expand existing businesses in the state of California.

These regulations benefit the health and welfare of California residents because NPs who practice un- der the new categories created by BPC 2837.103 and 2837.104 with their additional training and experience will be able to support healthcare in an expanded role in California, especially in impacted areas, which ben- efits the general health and safety of all Californians. The proposed amendments will not affect worker safety and the environment because this regulation does not relate to worker safety and the environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

Interested persons are invited to present statements or arguments orally or in writing relevant to the above determinations at any scheduled hearing or during the written comment period to the Contact Person, below. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulato- ry action, which includes the Initial Statement of Rea- sons (ISOR), proposed regulatory text, and all the in- formation on which this proposal is based.

Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and of ISOR, and all of the material contained in the rulemaking file is available for public inspection and may be viewed or obtained upon request from the per- son designated in the Notice under Contact Person or by accessing the Board’s website, www.rn.ca.gov. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Actions the Initial Statement of Reasons, and the text of the regulations can be accessed through the Board’s website at https:// www.rn.ca.gov/regulations/proposed.shtml.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu- lations are based is contained in the rulemaking file, which is available for public inspection by contacting

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1066 the person named below. You may obtain a copy of the final statement of reasons, once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Marissa Clark Address: 1747 N.

Market Blvd., Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7438 Fax Number: 916–574–7700 E–Mail Address: Marissa.Clark@DCA.CA.Gov The backup contact person is: Name: Ras Siddiqui Address: 1747 N. Market Blvd., Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7922 Fax Number: 916–574–7700 E–Mail Address: ras.siddiqui@dca.ca.gov Website Access : Materials regarding this propos - al can be found at https://www.rn.ca.gov/regulations/ proposed.shtml TITLE 16.

BOARD OF BEHAVIORAL SCIENCES EXAMINATION WAITING PERIODS; CORPORATIONS; ACCREDITATION SECTIONS AFFECTED Amend sections 1805.05, 1850.6, 1850.7 and 1854, and repeal

section 1832, of Division 18 of Title 16 of the California Code of Regulations. NOTICE IS HEREBY GIVEN that the Board of Behavioral Sciences (board) is proposing to take the action described in the Informative Digest/Policy Statement Overview, after considering all comments, objections, and recommendations regarding the pro- posed action. 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 the person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be re- quested by making such request in writing addressed to the individuals listed under Contact Persons in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Persons” in this Notice, must be received by the Board at its office no later than Tuesday, November 1, 2022, by 5:00 p.m., or must be received by the Board at the hearing, should one be scheduled. The Board will only consid- er comments received by the deadline.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 4980.60, 4988.2 and 4990.20 of the Business and Professions Code (BPC), and to implement, interpret or make spe- cific sections 4980.50, 4984.72, 4987.7, 4987.8, 4988, 4989.20, 4989.22, 4992.1, 4996.4, 4998.2, 4988.3, 4988.4, 4999.52, 4999.64, 4999.125, 4999.126 and 4999.127 of the BPC, and sections 13401, 13401.5, 13403 and 13407 of the Corporations Code, the board is considering amending sections 1805.05, 1850.6, 1850.7 and 1854, and repealing

section 1832, of Divi- sion 18 of Title 16 of the California Code of Regula - tions (CCR) as described in this Notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board licenses and regulates Licensed Marriage and Family Therapists (LMFTs), Licensed Educa - tional Psychologists (LEPs), Licensed Clinical Social Workers (LCSWs), and Licensed Professional Clini- cal Counselors (LPCCs) pursuant to BPC sections 4990.12 and 4990.20. The board also registers and regulates individuals gaining supervised experience toward meeting the requirements for licensure pursuant to BPC sections 4990.12 and 4990.20.

This includes registered Associ- ate Marriage and Family Therapists (AMFTs), Associ- ate Professional Clinical Counselors (APCCs), Asso- ciate Clinical Social Workers (ASWs), and applicants pending registration. ● Existing law: o Permits applicants who fail a clinical exam- ination or the LEP written examination to retake the examination within one year from the notification date of the failure (BPC sec- tions 4984.72, 4989.22, 4996.4 and 4999.64).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1067 o Specifies the waiting period required be- tween examination retakes (16 CCR

section 1805.05). o Specifies the wording permitted to be used when naming a professional corporation (BPC sections 4987.7, 4998.2 and 4999.125 and 16 CCR

section 1850.6). o Specifies how shares of a professional cor- poration may be sold, issued or transferred (16 CCR

section 1850.7). o Requires a degree that qualifies for LMFT licensure to be obtained from a college or university accredited by a regional or na- tional institutional accrediting agency rec- ognized by the United States Department of Education or approved by the Bureau for Private Postsecondary Education (BPC sec- tions 4980.36 and 4980.37). o Specifies the accrediting agencies that are equivalent to a regional accrediting agency for a degree that qualifies for LMFT licen- sure (16 CCR

section 1832). o Specifies the educational institutions ap- proved by the board for a degree that quali- fies for LEP licensure (BPC

section 4989.20 and 16 CCR

section 1854). This proposal will: ● Reduce the waiting period to retake a board– developed clinical examination from 180 days to 120 days (16 CCR

section 1805.05(b)). ● Clarify that a 180–day waiting period is required to retake the LEP written examination (16 CCR

section 1805.05(c)). ● Add LPCCs to the

section on naming a profes- sional corporation, as well as sections pertaining to ownership and transfer of shares (16 CCR sec- tions 1850.6 and 1850.7). ● Repeal the

section pertaining to equivalent ac- crediting agencies for degrees that qualify for LMFT licensure (16 CCR

section 1832). ● Update the accrediting agencies that are deemed acceptable for degrees that qualify for LEP licen- sure, and update the name of the foreign creden- tials evaluation service (16 CCR

section 1854). ● Update references throughout the above–named sections. ● Make grammatical and other nonsubstantive changes throughout. ANTICIPATED BENEFITS OF PROPOSAL This proposal is expected to result in the following benefits: ● Update, clarify, and provide consistency in the board’s regulations. ● Reduce barriers to licensure by reducing waiting times, expanding foreign credential evaluation service options for LEP applicants, and allowing applicants with an out–of–state degree earned from an institution that holds a national accred- itation to qualify for LEP licensure.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the board conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. FISCAL IMPACT ESTIMATES The board will be required to ensure compliance with the proposed regulations. Any increased work- load and costs are anticipated to be minor and absorb- able within existing resources.

Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The board estimates it will receive 10 additional applications for LEP licen- sure in the first year, and two additional applications per year ongoing. The board anticipates a higher num- ber of applications in the first year of implementation because some individuals previously denied may reap- ply because their degree would now qualify.

The board estimates workload costs (per applica- tion) of approximately $253 to complete the applica- tion process, $204 to complete and issue an initial li- cense, and $205 for each (biennial) license renewal. Total workload costs are estimated to range from ap- proximately $941 to $5,313 per year and up to $31,711 over a ten–year period. Note: 3 percent workload cost growth factor included The board estimates revenues ranging from approx- imately $900 to $4,100 per year and up to $27,000 over a ten–year period. The proposed regulations do not result in costs or savings in federal funding to the state.

Nondiscretionary Costs/Savings to Local Agen - cies: None Local Mandate: None Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 37-Z 1068 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: BUSINESS IMPACT ESTIMATE The board has made the initial determination that the proposed regulatory action would have no signif- icant statewide adverse economic impact directly af- fecting business, including the ability of California businesses to compete with businesses in other states.

This initial determination is based on the following facts: IMPACT ON JOBS/BUSINESSES The board has determined that this regulatory pro - posal will not eliminate any jobs or businesses in Cal- ifornia because it does not directly affect those hiring the Board’s licensees. It may expand or create some businesses that provide educational psychology ser- vices due to an increased pool of LEP applicants as a result of the changes to

section 1854, and it may cre- ate jobs, as businesses may choose to hire more LEPs. Some of the individuals who newly qualify for LEP licensure may open a private practice. The board re- ceives an average of 133 applications for LEP licen- sure per year (as averaged for 2019, 2020 and 2021). An average of 18 of those applicants possess an out– of–state degree. The board estimates that ten addition- al applicants the first year, and two additional appli- cants per year ongoing will qualify for LEP licensure as a result of the proposed change.

This regulatory proposal does not affect the health and welfare of California residents, worker safety, or the state’s environment. BUSINESS REPORTING REQUIREMENTS The regulatory action does not require businesses to file a report with the board. EFFECT ON SMALL BUSINESS Some of the individuals who newly qualify for LEP licensure, may open a private practice, which is con- sidered a small business. There are no other impacts anticipated on small business.

COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS The board receives approximately 133 applications for LEP licensure per year with 18 of those applicants possessing an out–of–state degree. The board esti - mates it will receive 10 additional applications for LEP licensure in the first year, and two applications per year ongoing as a result of the proposed regulations. Applicants will be required to pay a $250 applica- tion fee plus a $20