Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 10-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 10, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0228–08 ........................................ 209 AMENDMENT MULTI–COUNTY: Dinubua Unified School District Peninsula Corridor Joint Powers Board TITLE 2. STATE ALLOCATION BOARD Leroy F .

Greene School Facilities Act of 1988, Direct Apportionments — Notice File Number Z2023–0228–01 ................................................................. 210 TITLE 11. DEPARTMENT OF JUSTICE Racial and Identity Profiling Act of 2015 — Notice File Number Z2023–0228–06 ............................. 215 TITLE 16. BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS AB 1536 New School Program Approval Process — Notice File Number Z2023–0228–05 ...................... 220 TITLE 24. BUILDING STANDARDS COMMISSION/ DIVISION OF THE STATE ARCHITECT 2022 California Building Code, Title 24,

Part 2, DSA–AC 01/22 — Notice File Number Z2023–0228–02 ................................................................. 225 TITLE 24. BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2022 California Building Code, Title 24,

Part 2, HCD 1–AC 01/22 — Notice File Number Z2023–0228–03 ................................................................. 229 (Continued on next page)

TITLE 24.

BUILDING STANDARDS COMMISSION/BOARD OF STATE AND COMMUNITY CORRECTIONS Minimum Standards for the Design and Construction of Local and Juvenile Detention Facilities, California Code of Regulations, Title 24, Parts 1 and 2, BSCC 01/22 — Notice File Number Z2023–0228–04 ................................................................ 234 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 1653–2023–107–001–R1, Salt Creek Gravel Project, Shasta County, CA .............................................................................. 238 PETITION DECISIONS AIR RESOURCES BOARD Regarding Petition to Add Sulfuryl Fluoride to CARB’ s Annual Greenhouse Gas Emissions Inventory and Phase Out the Use of Sulfuryl Fluoride in California ........................................ 240 CALIFORNIA ENERGY CONSERV ATION AND DEVELOPMENT COMMISSION Regarding Petition to Amend California Code of Regulations, Title 20,

Section 1104(e) ........................ 245 DEPARTMENT OF MOTOR VEHICLES Regarding Petition to Include Class C Commercial License with 11–15 Passenger Endorsement to Be Tested by a Third–Party Tester ..................................................... 246

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 247 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 209 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit- ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Dinuba Unified School District Peninsula Corridor Joint Powers Board A written comment period has been established commencing on March 10, 2023 and closing on April 24, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes 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 codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, 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 codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar- guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than April 24, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the 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– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST 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-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 210 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. STATE ALLOCATION BOARD LEROY F. GREENE SCHOOL FACILITIES ACT OF 1998 REGULATION SECTIONS PROPOSED FOR AMENDMENTS ● 1859.2, 1859.90, AND 1859.90.2 PROPOSED AMENDMENTS TO THE FOLLOWING DOCUMENT ● Grant Agreement, (Rev. 09/22), which is incorpo- rated by reference and referenced in Regulation

Section 1859.2 NOTICE IS HEREBY GIVEN that the State Al - location Board (SAB) proposes to amend the above– referenced regulation section, contained in Title 2, California Code of Regulations (CCR). A public hear- ing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days prior to the close of the written comment period.

Following the public hear- ing, if one is requested, or following the written com- ment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals substantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above– referenced regulation sections under the authority pro- vided by

Section 17070.35 and 17078.64 of the Educa- tion Code. The proposal interprets and make specific reference Sections 17009.5, 17017.6, 17017.7, 17021, 17047, 17050, 17051, 17070.15, 17070.41, 17070.51(a), 17070.71, 17070.77, 17071.10, 17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10, 17072.12, 17072.30, 17072.18, 17072.33, 17073.10, 17073.25, 17074.10, 17074.15, 17074.16, 17074.30, 17075.10, 17075.15, 17076.10, 17077.40, 17077.42, 17077.45, 17078.52, 17078.56, 17078.72(k), 17079, 17079.10, 17280, 56026 and 101012(a)(8) of the Education Code;

Section 53311 of the Government Code; and Sections 1771.3 in effect on January 1, 2012 through June 19, 2014 and 1771.5 of the Labor Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT The Leroy F. Greene School Facilities Act of 1998 established, through Senate Bill 50,

Chapter 407, Stat- utes of 1998, the School Facility Program (SFP). The SFP provides a per–pupil grant amount to qualifying school districts for purposes of constructing school fa- cilities and modernizing existing school facilities. The SAB adopted regulations to implement the Leroy F. Greene School Facilities Act of 1998, which were ap- proved by the Office of Administrative Law and filed with the Secretary of State on October 8, 1999.

At its meeting on September 21, 2022, the SAB ap- proved proposed regulations, on an emergency basis, that would shorten the fund release deadlines with the direct Apportionment process for purposes of more efficiently distributing the General Fund proceeds, or any other available proceeds, to those projects that would be able to quickly use the funds. The Gover - nor signed into law Assembly Bill (AB) 181,

Chapter 52, Statutes of 2022, the Committee on Budget: Ed- ucation Finance: Education Omnibus Budget Trailer Bill, on June 30, 2022. The bill appropriated, for the 2022/23 fiscal year, $1.3 billion in one–time Gener - al Fund dollars to the SAB for allocation to eligible SFP projects, specifically new construction and mod- ernization projects.

In addition to the $1.3 billion, the Legislature has declared its intent to appropriate an additional $2,060,500,000 from the General Fund in the 2023/24 fiscal year and an additional $875 million from the General Fund in the 2024/25 fiscal year for the same purposes, funding eligible new construction and modernization projects under the SFP until De- cember 31, 2025. The Office of Administrative Law (OAL) approved the emergency regulations, filed them with the Secretary of State, with an effective date of November 7, 2022.

Attached to this Notice is the specific regulatory language of the proposed regulatory action, along with the proposed amendments to the Grant Agree- ment master templates. The proposed regulations can also be reviewed on OPSC’s website at: https://www. dgs.ca.gov/OPSC/Resources/Page–Content/Office– of–Public–School–Construction–Resources–List– Folder/Laws–and–Regulations. Copies of the pro - posed regulatory amendments will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice.

The proposed regulation amends the SFP Regulations un- der the California Code of Regulations, Title 2, Chap- ter 3, Subchapter 4, Group 1, State Allocation Board,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 211 Subgroup 5.5, Regulations relating to the Leroy F. Greene School Facilities Act of 1998. Background and Problem Being Resolved The problem being resolved is not a problem but a funding opportunity in which projects that are con- struction ready are able to receive an Apportionment outside the Priority Funding process. As stated above, AB 181,

Chapter 52, Statutes of 2022 [Committee on Budget: Education Finance: Education Omnibus Bud- get Trailer Bill] was signed by the Governor on June 30, 2022 and included a one–time General Fund ap - propriation in the amount of $1.3 billion. The SAB has been charged with allocating the one–time General Fund appropriation to eligible SFP new construction and modernization projects.

In addition to the $1.3 bil- lion, the Legislature has declared its intent to appro- priate an additional $2,060,500,000 from the General Fund in the 2023/24 fiscal year and an additional $875 million from the General Fund in the 2024/25 fiscal year for the same purposes, funding eligible new con- struction and modernization projects under the SFP until December 31, 2025.

Current Priority Funding Process The Priority Funding Process is a process by which school districts submit certification requests for cash for projects that have received unfunded approvals and are sitting on the Unfunded List (Lack of AB 55 Loans). Priority Funding certification requests are submitted twice a year during two specific 30–day fil- ing periods, are good for six months, and the requests indicate a school district’s desire to convert a project’s unfunded approval to an apportionment.

For example, one of the 30–day filing periods for school districts to submit certification requests began May 11, 2022 and ended June 9, 2022. The certification requests re- ceived during this 30–day filing period are valid from July 1, 2022 through December 31, 2022 for school district projects to be eligible for cash from the Fall 2022 General Obligation Bond sale. The next 30–day filing period for school districts to submit certification requests began November 9, 2022 and ended Decem- ber 8, 2022.

The certification requests received during this 30–day filing period are valid from January 1, 2023 through June 30, 2023 for their projects to be el- igible for cash from a Spring 2023 General Obligation Bond sale. Direct Apportionment Process In addition to the method of providing funding to convert unfunded approvals as noted above, the one– time $1.3 billion General Fund appropriation is an op- portunity for cash to be allocated quicker than expect- ed for those projects that are construction ready. This process would allow the SAB to apportion funds on an on–going monthly basis.

OPSC performed a search on whether the proposed regulations were consistent and compatible with exist- ing State laws and regulations. After performing the search, OPSC, on behalf of the SAB, has determined that there are no other programs or regulations in ex- istence that allow the SAB to allocate General Fund appropriations for the funding of school construction in an efficient manner. Therefore, the proposed regu- lations are determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implementation of the proposed regulations provides an efficient mechanism for providing ap - portionments to projects outside the typical Priority Funding timelines, while ensuring an equitable and streamlined process for school construction projects, as well as maintaining the integrity of the SFP funding process. Anticipated Benefits of the Proposed Regulations The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sourc- es other than bond funds is clarified in regulation.

School districts will benefit because the General Fund appropriation will be made available to the SAB for Apportionments to school districts on an on–going basis. Because school districts can receive funding so quickly, manufacturing and construction–related in- dustries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. This is a positive impact on the state’s economy and may also create an unknown number of jobs.

Overall, proceeding with the implementation of the proposed regulations provides an efficient mech- anism for quickly using cash resources by providing apportionments to projects outside the typical Priority Funding timelines, while ensuring an equitable and streamlined process for school construction projects, as well as maintaining the integrity of the SFP funding process. The proposed amendments are therefore determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implemen- tation of the proposed regulatory amendments aligns with the statute, maintains the integrity of the SFP funding process, as well as maintains equity amongst school district projects.

Summary of the Proposed Regulatory Amendments A

summary of the proposed regulatory amend - ments, including the Grant Agreement templates, are as follows: Existing Regulation

Section 1859.2 represents a set of defined words and terms used exclusively for these regulations. These

definitions provide clarity to OPSC and school districts on program concepts and require- ments. The proposed amendment reflects the revision date for the Grant Agreement templates.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 212 Existing Regulation

Section 1859.90 specifies the process for school districts to request the release of funds for SAB–approved apportionments and requires that the requests be submitted within 18 months of the SAB apportionment approval.

The proposed regulato- ry amendments align the direct Apportionment pro- cess with the timelines of the existing Priority Fund- ing process by eliminating the 18–month timeline to submit a valid Form SAB 50–05 and Grant Agree - ment and changing it to 180 days to request the release of funds for non–financial hardship school districts and 365 days for those school districts approved with financial hardship status.

In addition to these amend- ments, the language referencing inactive apportion- ments is being removed because the SAB is providing actual Apportionments backed with General Fund and General Obligation Bond proceeds on hand. It is high- ly unlikely that the SAB will be in need of inactive apportionments as the SAB can provide unfunded ap- provals as an alternative.

The language referenced to the Pooled Money Investment Board (PMIB) is being removed as the SFP has not received financing in ad- vance of bond sales from the PMIB in 13 years and there is no indication that this will be a source of funds in the near future. Leaving this language in this sec- tion is not necessary for the direct Apportionment pro- cess and removing it does not prevent the SAB from using funds from the PMIB in the future. Existing Regulation

Section 1859.90.2 authorizes the SAB to establish 30–calendar day certification filing period to distribute available State school bond funding to school districts that request to convert an unfunded approval to an apportionment. The proposed amendment in subsection (a)(5) removes “18–month” in order to align with the proposed changes in

Section 1859.90 above, as well as correct a cross reference. The existing grant agreement templates include sec- tions relevant to funding provided by the New Con- struction Program, the Modernization Program, the Charter School Facilities Program, and the Career Technical Education Facilities Program. The grant agreements are entered into for every future funding application that is processed; therefore, each grant agreement will contain the relevant program’s sec - tions.

The grant agreements were developed to address the Office of Statewide Audits and Evaluation’s audit findings by improving program oversight and expendi- ture accountability. The grant agreement also includes changes that implement the trailer bill language (AB 99,

Chapter 15, Statutes of 2017), which the Governor signed into law on June 27, 2017. The grant agreements serve as binding documents and key resources that de- fine the responsibilities of the state and school districts from the determination of the amount of eligible state funding to the reporting of all project funds, including any savings achieved. This ensures transparency and accountability for the program grants being awarded under the SFP. The proposed amendments make subtle changes that align themselves with the amended direct Apportionment process.

Overall, the proposed regulations address the short- ened direct Apportionment process of funding SFP projects with funds made available from unexpected cash proceeds from sources other than bond funds outside of the Priority Funding Process. The proposed regulations do not supersede the Priority Funding Pro- cess; rather, the proposed regulations streamline the funding process when cash proceeds are made avail - able to fund projects under the SFP that are not de- pendent on the timing and occurrence of bond sales.

However, in the event that bond funds are readily available, the proposed regulations allow for the short- ened direct Apportionment process to apply to those funds as well. Statutory Authority and Implementation Education Code

Section 17070.35. (

a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Con- stitution, the board shall do all of the following:

(1) Adopt rules and regulations, pursuant to the rulemak- ing provisions of the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. Government Code

Section 15503. Whenever the board is required to make allocations or apportion - ments under this part, it shall prescribe rules and reg- ulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any infor - mation it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or appor- tionments be submitted to it for approval. Determination of Inconsistency or Incompatibility with Existing State Regulations As stated above, AB 181,

Chapter 52, Statutes of 2022 [Committee on Budget: Education Finance: Ed- ucation Omnibus Budget Trailer Bill] was signed by the Governor on June 30, 2022 and included a one– time General Fund appropriation in the amount of $1.3 billion. The SAB has been charged with allocating the one–time General Fund appropriation to eligible SFP new construction and modernization projects.

In ad- dition to the $1.3 billion, the Legislature has declared its intent to appropriate an additional $2,060,500,000 from the General Fund in the 2023/24 fiscal year and an additional $875 million from the General Fund in the 2024/25 fiscal year for the same purposes, funding eligible new construction and modernization projects under the SFP until December 31, 2025.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 213 The Priority Funding Process is a process by which school districts submit certification requests for cash for projects that have received unfunded approvals and are sitting on the Unfunded List (Lack of AB 55 Loans). Priority Funding certification requests are submitted twice a year during two specific 30–day fil- ing periods, are good for six months, and the requests indicate a school district’s desire to convert a project’s unfunded approval to an apportionment.

For example, one of the 30–day filing periods for school districts to submit certification requests began May 11, 2022 and ended June 9, 2022. The certification requests re- ceived during this 30–day filing period are valid from July 1, 2022 through December 31, 2022 for school district projects to be eligible for cash from the Fall 2022 General Obligation Bond sale. The next 30–day filing period for school districts to submit certification requests will begin November 9, 2022 and will end December 8, 2022.

The certification requests received during this 30–day filing period are valid from Janu - ary 1, 2023 through June 30, 2023 for their projects to be eligible for cash from a Spring 2023 General Obli- gation Bond sale. In addition to the method of providing funding to convert unfunded approvals as noted above, the one– time $1.3 billion General Fund appropriation is an op- portunity for cash to be allocated quicker than expect- ed for those projects that are construction ready. This process would allow the SAB to apportion funds on an on–going monthly basis.

After conducting a review, the SAB has concluded that these are the only regulations on this subject area, and therefore, the proposed amendments are neither inconsistent nor incompatible with existing State laws and regulations. The proposed regulatory amendments are within the SAB’s authority to enact regulations for the SFP under Education Code

Section 17070.35 and Government Code

Section 15503. Document Incorporated by Reference Grant Agreement, (Rev. 09/22), referenced in Regu- lation

Section 1859.2 and is incorporated by reference. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulatory amendments do not im- pose a mandate or a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with Sec- tion 17500) of Division 4 of the Government Code. It will not require local agencies, school districts, or charter schools to incur additional costs in order to comply with the proposed regulatory amendments.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: ● The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states. ● The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● There will be no non–discretionary costs or sav- ings to local agencies. ● The proposed regulatory amendments create no costs to any local agency, school district, or char- ter school requiring reimbursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the required district contribu- tion toward each project as stipulated in statute. ● There will be no costs or savings in federal fund- ing to the State. ● The proposed regulatory amendments create no costs or savings to any State agency beyond those required by law. ● The SAB has made an initial determination that there will be no impact on housing costs.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact to Businesses and Jobs in California The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sourc- es other than bond funds is clarified in regulation. School districts will benefit because the General Fund appropriation will be made available to the SAB for Apportionments to school districts on an on–going basis.

Because school districts can receive funding so quickly, manufacturing and construction–related in- dustries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. This is a positive impact on the state’s economy number and may also create an unknown of jobs. The proposed regulations and the Grant Agreement master templates are therefore determined to be con- sistent and compatible with existing State laws and regulations.

Proceeding with the implementation of the proposed regulatory amendments will not have a negative impact to various business, manufacturing,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 214 and construction–related industries such as architec- ture, engineering, trades and municipalities. In ad - dition, the proposed regulations will not negatively impact the creation of jobs, the creation of new busi- nesses, and the expansion of businesses in California. It is not anticipated that the proposed regulations will result in the elimination of existing businesses or jobs within California.

Benefits to Public Health and Welfare, Worker’s Safety, and the State’s Environment ● The proposed regulatory amendments promote transparency because the process of funding SFP projects with unexpected cash proceeds from sources other than bond funds is clarified in reg- ulation. School districts will benefit because the General Fund appropriation will be made avail - able to the SAB for Apportionments to school districts on an on–going basis.

Because school districts can receive funding so quickly, manu - facturing and construction–related industries such as architecture, engineering, trades and mu- nicipalities may expand based on the demand on these industries. This is a positive impact on the state’s economy number and may also create an unknown of jobs. Further, it is unlikely that the proposed amendments will eliminate new and/or existing businesses, including the elimination of jobs, within California. ● There are continued benefits to the health and welfare of California residents and worker safe - ty.

School districts, charter schools, and local ed- ucational agencies utilize construction and trades employees to work on school construction proj- ects and although this proposed regulation does not directly impact worker’s safety, existing law provides for the availability of a skilled labor force and encourages improved health and safe - ty of construction and trades employees through proper apprenticeship and training.

Further, pub- lic health and safety is enhanced because a prop- erly paid and trained workforce will build school construction projects that are higher quality, structurally code–compliant and safer for use by pupils, staff, and other occupants on the site. ● There is no impact to the State’s environment from the proposed regulatory amendments. The SAB finds the proposed regulations fully con- sistent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulatory amendments will not have a negative impact on small businesses in the ways identified in subsections (a)(1)– (4) of

Section 4, Title 1, CCR. The proposed regulato- ry amendments only apply to school districts, charter schools, and local education agencies for purposes of funding school facility projects. However, because school districts can receive funding so quickly, manu- facturing and construction–related industries such as architecture, engineering, trades and municipalities may expand based on the demand on these industries. This may include new [small] businesses, or the ex - pansion of [small] businesses, which is a positive im- pact on the state’s economy and may also create an unknown number of jobs.

SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, ar- guments or contentions, in writing, submitted via U.S. mail, email or fax, relevant to the proposed regulato- ry action. Written comments submitted via U.S. mail, email or fax must be received at OPSC no later than April 24, 2023 end of day. The express terms of the proposed regulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, email or fax, regarding the proposed regulatory action, re- quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con- cerning the substance of the proposed regulatory ac- tion should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 4th Floor West Sacramento, CA 95605 Email Address: lisa.jones@dgs.ca.gov Fax Number: (916) 375–6721 AGENCY CONTACT PERSONS General or substantive questions regarding this No- tice of Proposed Regulatory Action may be directed to Ms.

Lisa Jones at (279) 946–8459. If Ms. Jones is unavailable, these questions may be directed to the backup contact person, Mr. Michael Watanabe, Chief of Administrative Services, at (279) 946–8463. ADOPTION OF REGULATIONS Please note that, following the public comment pe- riod, the SAB may adopt the regulation substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity. If modifi- cations are made, the modified text with the changes clearly indicated will be made available to the public

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 215 for at least 15 days prior to the date on which the SAB adopts the regulations. The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula- tions should be addressed to the agency’s regulation coordinator identified above. The SAB will accept written comments on the modified regulations during the 15–day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulation with modifications not sufficient- ly related to the original text, the modified text will not be adopted without complying anew with the notice requirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, re- ports or written comments are received they will be added to the rulemaking file. The file is available for public inspection at OPSC during normal working hours.

Items 1 through 3 are also available on OPSC’s Internet Web site at: https://www.dgs.ca.gov/OPSC/ Resources/Page–Content/Office–of–Public–School– Construction–Resources–List–Folder/Laws–and– Regulations then scroll down to School Facility Pro- gram, Pending Regulatory Changes, and click on the links named 45–day Public Notice, Initial Statement of Reasons, Proposed Regulatory Text, and the Grant Agreement master templates. ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB 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, would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost–effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The alternative to these proposed regulatory amend- ments would be the SAB take no action and be in vio- lation of the statute. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available, and copies may be requested from the agency’s regulation coordinator named in this no- tice or may be accessed on the website listed above. TITLE 11. DEPARTMENT OF JUSTICE DIVISION 1. ATTORNEY GENERAL

CHAPTER 19. RACIAL AND IDENTITY PROFILING ACT OF 2015 Notice is hereby given that the California Department of Justice (Department) proposes to amend sections §§ 999.224–999.229 of Title 11, Division 1,

Chapter 19, of the California Code of Regulations (CCR) con- cerning California’s Racial and Identity Profiling Act of 2015 (Act or AB 953). PUBLIC HEARING The Department will hold a public hearing via vid- eoconferencing to provide all interested persons with an opportunity to present statements or comments, ei- ther orally or in writing, with respect to the proposed regulations, as follows: Date: Thursday, April 27, 2023 Time: 12:00 p.m.–1:00 p.m. To join the hearing via videoconferencing, please use the following link, meeting ID and passcode:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 216 Link: https://teams.microsoft.com/1/meetup–join/19%3 ameeting_YmZmNjFiYTctODE4OS00Yjky LWI1NWYtNWNiMjQ2NTRjNjk4%40thread. v2/0?context=%7b%22Tid%22%3a%22883 dc3c0–8ba7–4fe1–b5cd–c26645 ed4a%22%2c%22Oid%22%3a%223c4ee43e– 7325–4779–97dc–e3f4349a1882%22%7d Meeting ID: 245 792 127 664 Passcode: mTxCJB To dial in to the hearing, please use the following phone number and conference ID Phone: 1–916–382–0506 Conference ID: 159580567# At the hearings, any person may present statements or comments orally or in writing relevant to the pro- posed action described in the Informative Digest.

The Department requests, but does not require, that per- sons who make oral statements or comments at the hearing also submit a written copy of the comments made at the hearing. A person may make a request for a reasonable ac - commodation, pursuant to the Americans with Dis- abilities Act, to the Contact Person listed below. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact per- sons listed below.

Comments may also be submitted by facsimile (FAX) at (213) 897–7605 or by email to Tanya.Koshy@doj.ca.gov. The written comment pe - riod closes on April 25, 2023. The Department will consider only comments received by that time. Please address comments to: Tanya Koshy Deputy Attorney General Civil Rights Enforcement

Section California Office of the Attorney General 1515 Clay Street Oakland, CA 94612 Phone: (510) 897–1983 Email: Tanya.Koshy@doj.ca.gov Note: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Government Code

section 12525.5, subdivision (

e) authorizes the Department to adopt these regulations which implement, interpret, and make specific the provisions of Government Code

section 12525.5. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations California’s Racial and Identity Profiling Act of 2015 (AB 953) took effect on January 1, 2016. AB 953 enacted multiple provisions to uncover and address the unlawful practice of racial and iden - tity profiling. Among other things, AB 953 enacted Government Code

section 12525.5, which requires state and local law enforcement agencies (LEAs), as specified, to collect detailed data regarding stops of individuals, including perceived demographic in - formation on the person stopped. Government Code

section 12525.5, subdivision (g)(2) defines “stops” to mean “any detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a con- sensual search, of the person’s body or property in the person’s possession or control.” Government Code

section 12525.5, subdivision (

b) provides a non–exclusive list of the information that must be reported for each stop: The reporting shall include, at a minimum, the fol- lowing information for each stop:

(1) The time, date, and location of the stop.

(2) The reason for the stop.

(3) The result of the stop, such as, no action, warn- ing, citation, property seizure, or arrest.

(4) If a warning or citation was issued, the warning provided or violation cited.

(5) If an arrest was made, the offense charged.

(6) The perceived race or ethnicity, gender, and ap- proximate age of the person stopped, provid - ed that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the in- formation shall not be requested from the per - son stopped. For motor vehicle stops, this para- graph only applies to the driver, unless any ac - tions specified under paragraph (7) apply in re - lation to a passenger, in which case the charac - teristics specified in this paragraph shall also be reported for him or her.

(7) Actions taken by the peace officer during the stop, including, but not limited to, the following: (

A) Whether the peace officer asked for consent to search the person, and, if so, whether con- sent was provided. (

B) Whether the peace officer searched the per- son or any property, and, if so, the basis for

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 217 the search and the type of contraband or ev- idence discovered, if any. Finally, Government Code

section 12525.5, subdivi- sion (

e) requires LEAs to report this data to the Cali- fornia Attorney General, whose duty is to issue regu- lations regarding this data collection and submission. On November 7, 2017, the Attorney General issued regulations, which set forth the data elements and data values required to be reported by officers,

definitions of terms used in the regulations, and specific guidance regarding the reporting required under Government Code

section 12525.5, subdivision (b). In August 2022, the Attorney General amended the 2017 regulations to add new and improve existing data elements and data values; to allow reporting agencies to disclose their stop data, on a confidential basis, to advance public policy and/or scientific study; and to ease administrative burdens on the Department. Also in 2022, the Governor signed into law Assem- bly Bill 2773, which requires that law enforcement agencies collect a new data element.

Beginning Janu- ary 1, 2024, all law enforcement agencies must report to the DOJ “[t]he reason given to the person stopped at the time of the stop.” (Government Code, § 12525.5, subdivision (b)(3).) Effect of the Proposed Rulemaking This proposed action includes a proposal to add a new data element, to fulfill the statutory obligation un- der Assembly Bill 2773. This proposed action also includes explanatory language which makes existing reporting obligations clearer and the striking of language to align the regu- lations with existing reporting practices.

Finally, this proposed action includes language re- garding the release of stop data consistent with stat- utory language making such data publicly available notwithstanding any other law. Anticipated Benefits of Proposed Regulations The benefit of this regulatory action is that it would enable agencies to fulfill the new statutory obligation to report the reason for the stop given to the stopped person.

By adding the new requirement and aligning existing requirements with current practice, this reg- ulation proposal will help officers understand what they should report for each data element and ensure more uniform, accurate data.

Uniform and accurate data allows the Racial and Identity Profiling Adviso- ry (RIPA) Board to better serve its function specified by law, including: “analyz[ing] the data[,]” producing “detailed findings on the past and current status of ra- cial and identity profiling” in California, “mak[ing] policy recommendations for eliminating” profiling, and working with “state and local law enforcement agencies to review and analyze racial and identity pro- filing policies and practices across geographic areas in California.” (Penal Code, § 13519.4, subdivision ( j)(3).) Comparable Federal Regulations There are no existing federal regulations or statutes comparable to the proposed regulations.

Determination of Inconsistency/Incompatibility with Existing State Regulations Government Code

section 11346.5(a)(3)(

D) requires the Department to evaluate whether the proposed reg- ulations are inconsistent or incompatible with existing state regulations. After conducting a review for any regulations that would relate to or affect this subject matter, the Department has determined these pro - posed regulations are not inconsistent or incompatible with existing state regulations implementing the Act. Other Statutory Requirements

Section 12525.5 requires the Attorney General to consult with a variety of stakeholders in drafting reg- ulations implementing the Racial and Identity Profil- ing Act of 2015. These stakeholders include the Board, “federal, state, and local law enforcement agencies and community, professional, academic, research, and civil and human rights organizations.” (Government Code, § 12525.5, subdivision (e).) Consistent with the Attorney General’s obligations, the Attorney Gener- al’s office solicited feedback from the Board’s Stop Data Analysis Subcommittee during a meeting held on January 26, 2023.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. The regulations implement recent amend - ments to Government Code

section 12525.5, which were originally enacted by AB 953. AB 953 requires the Department to draft and issue regulations to imple- ment the stop data reporting requirements of Govern- ment Code

section 12525.5. The Legislative Counsel’s Digest of AB 953 notes that costs incurred by local agencies because of this state–mandated program are reimbursable: By imposing a higher level of service on local enti- ties that employ peace officers, the bill would impose a state–mandated local program. The California Constitution requires the state to re- imburse local agencies and school districts for certain costs mandated by the state. Statutory provisions es- tablish procedures for making that reimbursement. (Legis. Counsel’s Dig., Assem. Bill No. 953, Stats. 2015, ch. 466, pp. 4153–4154.) Further,

Section 5 of AB 953 provides: “If the Commission on State Mandates determines that this act contains costs mandated by

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 218 the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code.” (Stats. 2015, ch. 466, § 5, p. 4159.) Accordingly, the costs incurred as a result of the pro- posed amendments to existing regulations are man- dated by statute, and not created as a result of them. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Costs or savings to any state agency: None or negligible.

State agencies that are subject to reporting requirements (the Department of Justice, the California Highway Patrol, the University of Cali- fornia, the California State University, and California Community Colleges) and are already reporting stop data would incur negligible costs, if any, to modify ex- isting stop data reporting systems. For any state agen- cies that are still developing their stop data collection systems, there would no costs to incorporating these amendments. Other nondiscretionary costs of savings imposed on local agencies: None or negligible.

Local agencies that are subject to reporting requirements and are already reporting stop data would incur negligible costs, if any, to mod- ify existing stop data reporting systems. For agen - cies that are still developing their stop data collection systems, there would no costs to incorporating these amendments. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact directly affecting businesses, including ability to compete: The Department has made an initial determination that this proposed action will not have a significant, statewide adverse impact directly affecting business- es, including the ability of California businesses to compete with businesses in other states. Cost impacts on representative private person or businesses: 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.

Small businesses determination: The Department has determined that these proposed amendments may have a positive impact on some small businesses in the information technology sector. Significant effect on housing costs: None. Business reporting requirement: None. The reporting requirements in the proposed amendments do not apply to businesses. Rather, only law enforcement agencies, as specified in Government Code

section 12525.5 and the existing regulations, will be required to collect and report stop data to the Department. Results of Economic Impact Analysis The Department concludes that it is unlikely the proposed amendments will (1) create or eliminate jobs in California, (2) create new businesses or eliminate existing businesses in California, or (3) result in the expansion of businesses currently doing business in California. The proposed amendments will not ad - versely impact the health and welfare of California residents, worker safety, nor the State’s environment. Benefits of the proposed action:

(1) The proposed amendments benefit the health and welfare of California residents by enabling agen- cies to fulfill the new statutory obligation to re- port the reason for the stop given to the stopped person, which in turn will help California under- stand and work towards eliminating racial and identity profiling by (1) enabling officers to carry out a new statutory reporting obligation; (2) clar- ify existing reporting obligations; and (3) make the regulations consistent the statutory require- ment that stop data be publically available.

(2) These proposals would not benefit worker safety because it does not regulate workers or working conditions.

(3) These proposals may have a slight benefit on the state’s environment because the use of the elec- tronic reporting may reduce paper consumption and waste. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable 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 action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The proposed amendments to the existing regula- tions impose no costs or requirements on private per- sons.

As a result, there are no less burdensome or more cost–effective alternatives to these proposed amend- ments with respect to their impact on private persons,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 219 because these regulations will impose no costs on pri- vate persons. The Department has determined that there are no reasonable alternatives to the proposed amendments that would be more effective in carrying out the intent of AB 953. Government Code

section 12525.5 requires the Department to issue regulations for the collection and reporting of stop data, which must be reported to the Department and analyzed by the Board. In order to ensure accurate and uniform reporting, the informa- tion collected must be uniform both in its categories of information collected and in the responses to these categories, in order for this information to be submit- ted electronically and for the data to be accessible to law enforcement agencies, the Board, researchers and the public, and so that meaningful review and analysis of this data is possible.

CONTACT PERSON Inquiries concerning the proposed administrative action, including general or substantive comments concerning this proposed rulemaking, including re - quests for copies of documents associated with this action such as the text of the proposed amendments, initial statement of reasons, may be directed to: Tanya Koshy Deputy Attorney General Civil Rights Enforcement

Section California Office of the Attorney General 1515 Clay Street Oakland, CA 94612 Phone: (510) 897–1983 Email: Tanya.Koshy@doj.ca.gov The backup contact person for these inquiries is: Nancy Beninati Supervising Deputy Attorney General Civil Rights Enforcement

Section California Office of the Attorney General 1515 Clay Street Oakland, CA 94612 Phone: (510) 897–0010 Email: Nancy.Beninati@doj.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu- lations, if any, or other information upon which the rulemaking is based to Tanya Koshy or Nancy Ben - inati at above address.

A VAILABILITY OF INITIAL STATEMENT OF REASONS, PROPOSED TEXT, AND RULEMAKING FILE The Department will make copies of the following documents available on the Department’s website at www.oag.ca.gov/AB953: this notice, the text of the proposed modified regulations, the initial statement of reasons, the economic and fiscal impact statement (STD 399) and addendum, and the notice of publica- tion/regulations submission (STD 400).

The entire rulemaking file is available for inspection and copying throughout the rulemaking process during business hours at the following locations: California Office of the Attorney General 1515 Clay Street Oakland, CA 94612 Copies of these documents are also available upon request by contacting Tanya Koshy, Deputy Attorney General, at the contact information above (Contact Person).

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the Department considers all timely and rel- evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments. If the Department makes modifications which 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 Department adopts the regulations, as re- vised.

Copies of any modified text will be available on the Department’s website at www.oag.ca.gov/AB953. Please send requests for copies of any modified reg - ulations to Tanya Koshy, Deputy Attorney General, at the contact information above (Contact Person). 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 Tanya Koshy, Deputy Attorney General, at the contact information above (Contact Person), or by visiting the Depart - ment’s website at www.oag.ca.gov/AB953.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 220 A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this notice, the initial statement of rea- sons, and the text of the proposed modified regulations will be posted and available for downloading on the Department’s website at: www.oag.ca.gov/AB953. TITLE 16.

BOARD OF VOCATIONAL NURSING AND PSYCHIATRIC TECHNICIANS AB 1536: NEW SCHOOL PROGRAM APPROVAL PROCESS NOTICE IS HEREBY GIVEN that the Board of Vocational Nursing and Psychiatric Technicians (here- after Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regard- ing the proposed action. 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 - 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 action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No- tice, must be received by the Board at its office no later than Tuesday, April 25, 2023, by 5:00 p.m., or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 2854, 2881.2, 4504, and 4531.1 of the Business and Profes- sions Code (BPC), and to implement, interpret, or make specific BPC sections 2866, 2880, 2881, 2881.2, 2881.3, 2883, 4511, 4515, 4530, 4531, 4531.1, 4531.2, and 4532, the Board is proposing adopting sections 2537.2 and 2590.2 and amending section(s) 2525, 2526, 2580, and 2581 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Effect of the Proposed Action Existing law provides that the Board is authorized to approve schools or programs of vocational nursing and psychiatric technicians (“schools”) in California. Pursuant to BPC sections 2880 and 4530, the Board prepares and maintains a list of approved schools whose graduates, if they have the necessary qualifica- tions, shall be eligible to apply for a license with the Board to practice as a vocational nurse or psychiatric technician. AB 1536 (Assembly Committee on Business and Professions,

Chapter 632, Statutes of 2021) enacted BPC sections 2881.2 and 4531.1, which require the Board to follow a timeline for approving schools and establishes statutory caps for charging fees for schools seeking approval.

BPC sections 2881.2 and 4531.1 do not provide specifics on the Board’s new school ap- proval process itself, or the necessary items required for obtaining or maintaining approval, including the contents of the initial approval application, the process for calculating the initial application, final and con- tinuing approval fees, the requirements for obtaining a reduction in the continuing approval fee based upon a reduction in state funding, and the criteria for main- taining continuing approval.

These sections also use specific terminology such as “affiliated with an ap - proved school or program,” “letter of intent,” “reason- able costs for providing oversight and review,” but do not define these terms. Adopt sections 2537.2 and 2590.2 These sections are proposed to implement, interpret, and make specific BPC sections 2881.2 and 4531.1 for schools or programs of vocational nursing or for the preparation of psychiatric technicians seeking approv- al by the Board. These sections would adopt a new

section entitled “Prelicensure Education Provider Fees” for easier comprehension of the purpose of this

section and for better organization within the article. It would include an introductory sentence that would clarify the purpose of these new sections: to establish the listed fees pursuant to BPC

section 2881.2 and 4531.1. Specifically, this proposal would adopt a new fee

schedule for applicants and approved schools of vo - cational nursing or for the preparation of psychiatric technicians, as follows: (1) the initial application fee of $5,000; (2) the final approval fee of $15,000 unless the in - stitution is entitled to a decrease in fees due to actual costs being less proportionate to the actu- al costs associated with that school or program,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 221 or due to affiliation with another Board approved school or program; (3) the final approval fee of $5,000 for any applicant providing documentation of its affiliation with another approved school or program.

Such doc- umentation would include proof of a formal col- laborative agreement between the applicant insti- tution and an approved school or program that is in good standing as specified; (4) the method for calculating the initial determina- tion by the Board for the reasonable costs for pro- viding oversight and review of an institution; (5) the method and documentation requirements for calculating a reduction infees to $2,500 for schools or programs experiencing a reduction in state funding resulting in reduced enrollment ca- pacity; and, (6) the process the Board will use to provide a school or program a fee payment statement that shows the Board’s initial determination of the reason- able costs for providing oversight and review for the school or program’s continuing approval application.

Amend sections 2525, 2526, 2580, and 2581 This proposal would establish such standards and

definitions and seeks to adopt regulations specifying the Board’s requirements for obtaining and main - taining a school approval for schools or programs of vocational nursing or for the preparation of psychiat- ric technicians. This proposal would also specify the initial and continuing approval application require - ments, including a letter of intent form, applications and forms for initial and continuing approval (listed below), and require the Board to follow a timeline for processing applications and approving schools.

This proposal would set minimum requirements for the following: (1) the content of the Letter of Intent document (the document that begins the approval process for a new school) and the required format for submission; (2) the method and process for notifying a school or program of the next steps in the approval process; (3) the form and method of submitting a completed application, including required forms and fee; (4) the method and process for notifying a school or program when its initial application is complete and the “good cause” criteria for requesting an extension to complete the application; (5) the grounds for denying an application (initial or continuing), including for noncompliance with the Board’s regulations and on grounds specified in

section 480 of the Business and Professions Code (substantially–related criminal convictions, disciplinary action by another state board, know- ingly false statements on the application); (6) the procedures for notifying an institution of the action taken on the initial application; (7) the process for submitting the final approval fee and an invoice for the reasonable costs incurred by the Board in the approval process for the institution; (8) the standards for notifying the Board of any ma- terial change in circumstances affecting any in - formation contained in any application or submit- ted in support of any application; (9) the method for determining when an approval will expire and the steps the school or program would need to take to apply for continuing approval; (10) the form and method for submitting a continuing approval application, including required forms and fee; (11) the method and process for notifying a school or program when its continuing approval applica - tion is complete, and, (12) alternate student criteria if the school or program elects to admit alternate students to its program (moves existing text to a new subsection).

The Board’s current emergency regulations imple- ment these requirements through June 28, 2023; the Board has therefore drafted this proposal that would specify the Board’s new school or program approval process incorporating all of the above–referenced re- quirements in permanent regulation. Anticipated Benefits of Proposal The Board has determined that this regulatory pro- posal will have the following benefits to the health and welfare of California residents.

Qualified prelicensure programs must be approved consistently and timely to ensure that the workforce pipeline of licensed voca- tional nurses and psychiatric technicians can support the health and well–being of Californians. This regu- latory proposal would create consistent standards for the review and approval of new schools of vocational nursing or programs for the preparation of psychiat- ric technicians and specified timelines for Board re - view, response, and approval of applications.

This will help alleviate applicant confusion and help ensure that applications are processed in a timely manner, thus helping increase the likelihood of a greater number of educational institutions approved by the Board and greater access to educational opportunities for those seeking to enter the workforce as a licensed vocation- al nurse or psychiatric technician. Adopting standards for notice of, and the method for calculation of, fees relative to the actual costs of providing oversight and review for final approval and continuing approval will

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 222 also help ensure accountability and transparency in the Board’s fee calculation process. This regulatory proposal does not affect worker safety or the state’s environment. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations.

INCORPORATION BY REFERENCE Vocational Nursing Programs Form # Form Name 55M–1 Letter of Intent to Submit Application for Initial Approval of New School or Program — Vocational Nursing (New 04/2022) 55M–2 Application for Approval of New School or Program of Vocational Nursing (New 04/2022) 55M–3A Clinical Facility Verification Form — VN (New 04/2022) 55M–2E

Summary of Instructional Plan Program Hours Vocational Nursing Program (New 04/2022) 55M–15 Continuing Approval Application for a Vocational Nursing School or Program (New 04/2022) P syc hiatric Technician Programs Form # Form Name 56M–1 Letter of Intent to Submit Application for Initial Approval of New School or Program — Psychiatric Technician (New 04/2022) 56M–2 Application for Approval of a New Psychiatric Technician School or Program (New 04/2022) 56M–3A Clinical Facility Verification Form — PT (New 04/2022) 56M–2E

Summary of Instructional Plan Program Hours Psychiatric Technician Program (New 04/2022) 56M–15 Continuing Approval Application for a Psychiatric Technician School or Program (New 04/2022) F orms f or All Programs Form # Form Name 55M–3 Intent for Clinical Placement (New 04/2022) 55M–2W Vocational Nursing or Psychiatric Technician Program Curriculum Content — Instructional Plan (New 04/2022) 55M–10 Verification of Faculty Qualifications Form (New 04/2022) D ISCL OSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The implementation of these requirements do not result in a fiscal impact to the state in the form of federal funding to any state agency.

However, the Board anticipates the following costs to the state. The proposed regulations help to provide a struc - tured timeline for the approval of prelicensure schools of vocational nursing and schools for preparation of psychiatric technicians. The proposal clarifies the ap- proval requirements and imposes a fee on prelicensure and continuing approval applicants.

Expenditures: Notwithstanding the fees anticipat- ed from the proposed regulations, the Board currently incurs workload costs of approximately $23,355 relat- ed to application review and final approval and work- load costs of approximately $31,645 for continuing approval. The proposed regulations establish registration fees, which the Board will need to process and cashier with estimated costs of $20 per transaction, which results in estimated workload costs ranging from $1,040 to $2,255 per year and up to $15,540 over a ten–year period.

The Board notes, the remaining costs (cashiering ex- cluded) to review and approve applications ($23,335) and continuing approval applications ($31,645) would be incurred by the Board regardless of the regulations because the Board is required to approve and regulate these institutions. As a result, these current costs are not included in this analysis. The Board will also incur information technology costs of approximately $11,000 to reconfigure existing licensing, cashiering, and accounting systems. Any workload and costs are anticipated to be ab - sorbed within existing resources.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 223 Revenues: The proposed regulations are antici - pated to result in revenues ranging from $480,000 to $650,000 per year and up to $5,730,000 over a ten– year period. Additionally, the Board acknowledges schools may opt to pass on costs to students resulting from the pro- posed regulations, but any operational decisions made by an individual institution is unknown at this time and therefore not included in this analysis.

The Board also notes, the proposed regulations pro- vide for a continuing approval fee reduction to $2,500 related to reduced student enrollment and state fund- ing, as specified. However, the Board does not antic- ipate employing these provisions because student en- rollment rates are projected to increase in the future. Nondiscretionary Costs/Savings to Local Agencies: None. Mandate Imposed on Local Agencies or School Districts, if so, Whether the Mandate is Reimbursable by the State: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None.

Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None. BUSINESS IMPACT ESTIMATES This regulation may have an economic impact on businesses, specifically, schools or educational pro - grams seeking Board approval or continuing approv- al. However, the proposed regulations 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 other states. This determination is based upon the following facts.

This initial determination is based on the following estimates: ● The Board estimates that approximately 250 busi- nesses will be impacted by this proposal. ● The Board estimates that the economic impact of this proposal will be below $10 million.

Pursuant to AB 1536, the proposed regulations es- tablish fees charged to schools as follows: ● Initial Application: Up to $5,000 ● Final Approval: (Option #1) Up to $5,000 for schools and programs affiliated with a currently registered school in good standing, or (Option #2) Up to $15,000 for all other schools and programs ● Continuing Approval: Up to $5,000 once every four years for registered schools and programs Initial Application/Final Approval: The Board anticipates initial applications, final approval rates, and costs as follows: ● Year–1: 11 Unaffiliated ($220,000) & 4 Affiliated ($40,000) ● Year–2: 21 Unaffiliated ($420,000) & 5 Affiliated ($50,000) ● Year–3: 18 Unaffiliated ($360,000) & 2 Affiliated ($20,000) ● Ongoing: 13 Unaffiliated ($260,000) & 2 Affiliated ($20,000) Total estimated costs range from $260,000 to $470,000 per year and up to $3,070,000 over a ten– year period.

Continuing Approval: The Board currently has 156 registered schools scheduled to submit a continu- ing approval application per the four–year renewal cy- cle and incur costs as follows: ● Year–1: 44 schools ($220,000) ● Year–2: 29 schools ($145,000) ● Year–3: 29 schools ($145,000) ● Year–4: 54 schools ($270,000) ● Year–5: 59 schools ($295,000) ● Year–6: 55 schools ($275,000) ● Year–7: 49 schools ($245,000) ● Year–8: 69 schools ($345,000) ● Year–9: 74 schools ($370,000) ● Year–10: 70 schools ($350,000) Total estimated costs related to continuing approval range from $145,000 to $370,000 per year and up to $2,660,000 over a ten–year period.

Total Costs: The proposed regulations result in to- tal costs ranging from $480,000 to $650,000 per year and up to $5,730,000 over a ten–year period. The Board notes, notwithstanding the proposed reg- ulations, these schools would have otherwise incurred costs (including facilities, staffing, clinical placement, and other) as part of normal business operations. As a result, these costs are not included in this analysis.

The Board further notes, any student enrolling in these schools would have otherwise incurred costs (including tuition, books, and other) as part of enroll- ment, and paid examination and license fees to apply for licensure with the Board. As a result, these costs are not included in this analysis. Additionally, the Board acknowledges schools may opt to pass on costs to students resulting from the pro- posed regulations, but any operational decisions made by an individual institution is unknown at this time and therefore not included in this analysis.

The Board also notes, the proposed regulations pro- vide for a continuing approval fee reduction to $2,500 related to reduced student enrollment and state fund- ing, as specified. However, the Board does not antic-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 224 ipate employing these provisions because student en- rollment rates are projected to increase in the future. Cost Impact on Representative Private Person or Business: Please see “Business Impact”

section for a description of the cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action and that are known to the Board. The Board anticipates that businesses and individuals may incur costs of $5,730,000 to comply with this regulation over a ten– year period.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro- posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist- ing businesses or the expansion of businesses in the State of California. As explained more completely in the Business Impact Estimate

section of this notice, the proposed regulations will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

Benefits of Regulation The Board has determined that this regulatory pro- posal will benefit the health and welfare of Califor - nia residents by creating consistent standards for the review and approval of new schools of vocational nursing and programs for the preparation of psychiat- ric technicians, with specified timelines for Board re- view, response, and approval of applications.

This will help alleviate applicantconfusion and help ensure that applications are processed in a timely manner, thus helping increase the likelihood of a greater number of educational institutions approved by the Board and thus increasing the number of qualified professions to enter the healthcare workforce. Adopting standards for notice of, and the method for calculation of, fees relative to the actual costs of providing oversight and review for final approval and continuing approval will also help ensure accountability and transparency in the Board’s fee calculation process.

This regulatory proposal does not affect 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 The Board has determined that the proposed regu- lations may affect small businesses.

Although small businesses owned by applicants and/or licensees of the Board may be impacted, the Board does not collect or maintain data relating to the number or percentage of licensees or applicants who own a small business; therefore, the number or percentage of small business- es that may be impacted cannot be predicted. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2535 Capitol Oaks Drive, Suite 205, Sacramento, California 95833 during the written comment period, or at the hearing if one is scheduled or requested. A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu- lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Vocational Nursing and Psychiatric Technicians at 2535 Capitol Oaks Drive, Suite 205, Sacramento, California 95833.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 225 days prior to its adoption from the person designat- ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal. A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE 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 below.

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 below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Doris Pires Address: Board of Vocational Nursing and Psychiatric T e c h n i c i a n s 2535 Capitol Oaks Drive, Suite 205 Sacramento, CA 95833 Telephone Number: (916) 263–7864 Fax Number: (916) 263–7866 Email Address: bvnpt.rulemaking@dca.ca.gov The backup contact person is: Name: Mark Ito Address: Board of Vocational Nursing and Psychiatric T e c h n i c i a n s 2535 Capitol Oaks Drive, Suite 205 Sacramento, CA 95833 Telephone Number: (916) 263–7851 Fax Number: (916) 263–7866 Email Address: bvnpt.rulemaking@dca.ca.gov A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regu- lations with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Board’s website at https://www.bvnpt.ca.gov/about_us/bvnpt_ regulations.shtml.

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

PART 2 (DSA–AC 01/22) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of the Di- vision of the State Architect (DSA–AC) proposes to adopt, approve, codify, and publish changes to build- ing standards contained in the California Code of Regulations (CCR), Title 24,

Part 2. The DSA–AC is proposing building standards related to the 2022 Cali- fornia Building Code. PUBLIC COMMENT PERIOD Reference: Government Code

Section 11346.5(a)(1) and 11346.8. DSA–AC will hold a public hearing live on Zoom at 10:00 am, on March 23, 2023, during which time any person may present statements or arguments relevant to the proposed regulatory action summarized below. Reference: Government Code

Section 11346.5(a)(15). Written comments will be accepted by CBSC re - garding the proposed changes from March 10, 2023, until midnight on April 24, 2023. Comments may be submitted to CBSC via: e–Comment form: dgs.ca.gov/BSC/e–comments U.S. Mail postmarked no later than April 24, 2023: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Use the e– Comment form to ensure accessibility.

The public will have an opportunity to provide written and oral comments regarding the proposed action on building standards at a CBSC public meet- ing. CBSC will

schedule the meeting near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: Government Code

Section 11346.5(a)(18). Following the public comment period, CBSC may adopt the proposed building standards substantially as

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 226 proposed in this notice or with modifications that are sufficiently related to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly in- dicated, will be made available to the public for at least 15 days prior to the date on which CBSC adopts, amends, or repeals the regulation(s). CBSC will accept written comments on the modified building standards during the 15–day period.

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

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

Section 18949.1. The purpose of these building standards is to implement, interpret, or make specif- ic the provisions of Government Code Sections 4450 through 4452, 4455.5, 4456, 4457, 4459, 12955.1 and 14679, Health and Safety Code Sections 19952 through 19959 and Vehicle Code

Section 22511.8. The Division of the State Architect is proposing this regulatory action based on Government Code

Section 4450. INFORMATIVE DIGEST Reference: Government Code

Section 11346.5(a)(3).

Summary of Existing Laws Government Code

Section 4450 authorizes the State Architect to develop regulations for making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities. Government Code

Section 4451 limi ts th e app li- cation to buildings and facilities intended for use by the public, with reasonable availability to persons with disabilities, including educational facilities and including those buildings and facilities constructed with state, county, or municipal funds, including any political subdivision thereof. Includes temporary and emergency construction. Government Code

Section 4452 states that it is the intent of the Legislature that the building standards relating to disabled access are intended to be used as minimum requirements to ensure that buildings and facilities are accessible to, and functional for, disabled persons. Government Code

Section 4455.5 establishes the need for elevators to have braille and raised numerals at buttons and door casings. Government Code

Section 4456 establishes that buildings and facilities constructed prior to Nov. 13, 1968 must comply with accessibility provisions when undertaking an alteration, structural repair, or addition. Government Code

Section 4457 requires that portable school buildings be accessible, with some exceptions. Government Code

Section 4459 directs the State Architect to develop amendments to building regula- tions as necessary to meet state regulations and mini- mum federal accessibility standards. Government Code

Section 12955.1 requires that building standards for public housing must meet min- imum requirements of this

section and meet or exceed the requirements of the federal Fair Housing Act and implementing regulations; and gives the Division of the State Architect authority to propose regulations as deemed appropriate and necessary to implement, interpret, or make specific the provisions contained therein. Government Code

Section 14679 requires the State Architect to develop regulations for parking fa- cility accessibility. Health and Safety Code

Section 18949.1 transfers responsibility to adopt regulations relating to building standards from the Division of the State Architect to the Building Standards Commission. Health and Safety Code

Section 19952 requires certain places of public amusement to provide acces- sible features and elements. Health and Safety Code

Section 19952.5 re - quires certain places of public amusement to provide adult changing facilities for the use of people with disabilities. Health and Safety Code

Section 19955 requires certain public accommodations and facilities be ac - cessible to persons with disabilities. Health and Safety Code

Section 19956.5 requires that public walks and curbs be accessible. Health and Safety Code

Section 19957 provides exceptions from the literal building standards in the cases of unnecessary hardship or technical difficul - ty and sets enforcement and equivalent facilitation standards. Health and Safety Code

Section 19958 provides authority for enforcement of building regulations. Health and Safety Code

Section 19959 requires existing public accommodations to provide accessible features when alterations, structural repairs, or addi- tions are undertaken. Vehicle Code

Section 22511.8 requires off street parking facilities to provide accessible parking and directs the State Architect to develop appropriate reg- ulations to ensure compliance.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 227

Summary of Existing Regulations Existing regulations promulgated by DSA–AC are contained in the California Building Code (Title 24,

Part 2). These regulations are applicable to: 1. Publicly funded buildings, structures, sidewalks, curbs and related facilities; 2. Privately funded public accommodations and commercial facilities; 3. Public housing and private housing available for public use; 4. Any portable buildings leased or owned by a school district; and 5. Temporary and emergency buildings and facilities.

Summary of Effect The proposed action would update the CCR, Title 24,

Part 2 by: ● Adding technical requirements for wheelchair spaces at Safe Dispersal Areas. ● Clarifying scoping and technical requirements for accessiblity at multi–user all–gender toilet rooms. ● Adding technical requirements for accessibility at urinals in compartments. ● Revising existing scoping requirements for public housing to match scoping at federal Fair Housing Act. ● Revising existing requirements for Adult Changing Facilities to match Health and Safety Code requirements. ● Removing duplicative text for site impracticality tests. ● Adding technical requirements for privacy latch- es at individual toilet room compartments. ● Clarifying existing references to Chapters 11A and 11B. ● Clarify existing terminology for indicating a slope.

Comparable Federal Statute or Regulations Comparable federal statues and regulations include: ● Regulations for Title II and Title III of the Americans with Disabilities Act of 1990, as ad- opted by the US Department of Justice. The reg- ulations provide enforcable standards for accessi- ble design, known as the 2010 ADA Standards for Accessible Design, in three parts. 1. 2010 Standards for State and Local Government Facilities: Title II Regulations at 28 CFR

Part 35.151; 2. 2010 Standards for Public Accommodations and Commercial Facilities: Title III Regulations at 28 CFR

Part 36, Subpart D; and 3. 2010 Standards for Title II and III Facilities: 2004 ADAAG ● Fair Housing Amendments Act of 1988.

Policy Statement Overview The proposed building standards are intended to implement new accessibility provisions and clarify existing accessibility provisions contained in the 2022 California Building Code to ensure that publicly fund- ed buildings, structures, sidewalks, curbs, and related facilities shall be accessible to and usable by persons with disabilities; privately funded public accommo - dations and commercial facilities shall be accessible to and usable by persons with disabilities; and public housing shall be accessible to and usable by persons with disabilities.

Evaluation of Consistency There are no inconsistent or incompatible regula - tions proposed. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: Government Code

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

Section 11346.5(a)(5). DSA–AC has determined that the proposed regula- tory action WOULD NOT impose a mandate on local agencies or school districts. ESTIMATE OF COST OR SA VINGS Reference: Government Code

Section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or Savings to any state agency: NO. B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with

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

Part 7 (commencing with

Section 17500) of Division 4: NO. D. Other nondiscretionary cost or savings imposed on local agencies: NO.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 228 E. Cost or savings in federal funding to the state: NO. Estimate: $0 INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: Government Code

Section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect. DSA–AC has made an initial determination that the adoption of this regulation will make specific the ef- fective date as required by statute (Ref. H&S 19952.5) for alterations to places of public amusement.

The adoption of these regulations will not create adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states beyond the requirements as established by legislation. Declaration of Evidence Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relied upon to sup- port its initial determination of no effect. No facts, evidence, documents, testimony or other evidence were submitted during pre–cycle outreach workshops indicating that there would be a significant statewide adverse economic impact to business. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE Reference: Government Code

Section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. N/A. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: Government Code

Section 11346.5(a)(9). Describe all cost impacts that a representative pri- vate person or business would necessarily incur in reasonable compliance with the proposed action. If no cost impact, provide the following statement: The Division of the State Architect estimates that the cost of compliance with these proposed regula - tions will be minimal. Clear and consistent scoping and technical requirements benefit code users, build- ing officials, and building and facility owners. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: Government Code

Section 11346.5(a)(10). The DSA–AC has assessed whether and to what ex- tent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. DSA–AC has determined that the proposed action has no effect. B. The creation of new businesses or the elimina- tion of existing businesses within the State of California. DSA–AC has determined that the proposed action has no effect. C. The expansion of businesses currently doing business within the State of California. DSA–AC has determined that the proposed action has no effect. D.

The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. The Division of the State Architect has determined that the proposal establishes the minimum require - ments to safeguard the public health, safety and gener- al welfare through access to persons with disabilities. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: Government Code

Section 11346.5(a)(12). DSA–AC has made an initial determination that this proposal would not have a significant effect on hous- ing costs. CONSIDERATION OF ALTERNATIVES Reference: Government Code

Section 11346.5(a)(13). DSA–AC has determined that no reasonable al - ternative considered by DSA–AC or that has other- wise been identified and brought to the attention of DSA–AC 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 action. In addition, no rea- sonable alternative considered by DSA–AC or that has otherwise been identified and brought to the attention of DSA–AC would be more cost–effective to affected

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 229 private persons and equally effective in implementing the statutory policy or other provisions of law. A VAILABILITY OF RULEMAKING DOCUMENTS Reference: Government Code Sections 11346.5(a)(16) and 11346.5(a)(20). All of the information upon which the proposed reg- ulations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: dgs.ca.gov/BSC. Reference: Government Code

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

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

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

Section 11346.5(a)(14).

General questions regarding procedural and admin- istrative issues should be addressed to: Irina Brauzman, Associate Architect 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Telephone: (916) 263–0916 PROPOSING STATE AGENCY CONTACT PERSON FOR SUBSTANTIVE OR TECHNICAL QUESTIONS ON THE PROPOSED CHANGES TO BUILDING STANDARDS Specific questions regarding the substantive or tech- nical aspects of the proposed changes to the building standards should be addressed to: Primary Contact: Eric Driever, Principal Architect Division of the State Architect Headquarters, Codes and Policies (916) 443–9829 eric.driever@dgs.ca.gov Back up Contact: Michelle Davis, Supervising Architect Division of the State Architect Headquarters, Codes and Policies (279) 799–3835 michelle.davis@dgs.ca.gov TITLE 24.

BUILDING STANDARDS COMMISSION/DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TITLE 24,

PART 2 (HCD 1–AC 01/22) Notice is hereby given that the California Building Standards Commission (CBSC) on behalf of Califor- nia Department of Housing and Community Develop- ment (HCD) proposes to adopt, approve, codify, and publish changes to building standards contained in the California Code of Regulations (CCR), title 24,

part 2. HCD is proposing building standards related to the 2022 California Building Code (CBC), chapters 10 and 11A. PUBLIC COMMENT PERIOD Reference: Government Code (GC),

section 11346.5(a)(17). A public hearing has not been scheduled; however, written comments will be accepted from March 10, 2023, until midnight on April 24, 2023. Comments may be submitted to CBSC via: e–Comment form: dgs.ca.gov/BSC/e–comments U.S. Mail postmarked no later than April 24, 2023: California Building Standards Commission Attention: Public Comments 2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833 Note: Only comments received in an accessible for- mat will be viewable via CBSC’s website. Use the e– Comment form to ensure accessibility. Any interested person, or his or her duly authorized representative, may request, no later than 15–days pri-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 230 or to the close of the written comment period, that a public hearing be held. The public will have an opportunity to provide writ- ten and oral comments regarding the proposed action on building standards at a public meeting to be con- ducted by CBSC to be scheduled at a date near the end of the current adoption cycle. A meeting notice will be issued announcing the date, time and location of the public meeting. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Reference: GC,

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

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

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

section 18949.5. The purpose of these build- ing standards is to implement, interpret, or make spe- cific the provisions of: HSC, sections 17000 through 17062.5, 17910 through 17995.5, 18200 through 18700, 18860 through 18874, 18941, 19960 through 19997 and 19990; and GC, sections 12955.1 and 12955.1.1. HCD is proposing this regulatory action based on HSC, sections 17040, 17920.9, 17921, 17922, 18300, 18620, 18630, 18640, 18670, 18691, 18865, 18871.3, 18873, and 18873.1 through 18873.5; and GC, sections 12955.1 and 12955.1.1. INFORMATIVE DIGEST Reference: GC,

section 11346.5(a)(3).

Summary of Existing Laws GC,

section 12955.1, requires HCD to propose the adoption, amendment, or repeal of building standards by the CBSC for the “design and construction of cov- ered multifamily dwellings that are not public housing that allow access to, and use by, disabled persons”. The CBSC is authorized to adopt these building standards under the authority granted by HSC

section 18949.5. GC,

section 12955.1.1, provides a clear definition for the terms “covered multifamily dwelling” and “multistory dwelling unit.” HSC,

section 17000 through 17062.5, Employee Housing Act, requires HCD to develop and adopt building standards for employee housing. HSC,

section 17040, requires HCD to adopt build- ing standards for employee housing for “… the protec- tion of the public health, safety, and general welfare of employees and the public, governing the erection, construction, enlargement, conversion, alteration, re- pair, occupancy, use, sanitation, ventilation, and main- tenance of all employee housing”. HSC,

section 17910 through 17995.5, State Hous- ing Law, requires HCD to develop and adopt regula- tions for buildings used for human habitation. HSC,

section 17920.9, requires HCD to propose the adoption, amendment, or repeal by the CBSC of regulations necessary for the provision of minimum fire safety and fire–resistant standards relating to the manufacture, composition, and use of foam building systems manufactured for use, or used, in construc - tion of buildings subject to State Housing Law (Part 1.5 (commencing with

section 17910) of Division 13 of the HSC), mobilehomes or factory–built housing, for the protection of the health and safety of persons occupying those buildings, mobilehomes, or factory– built housing. HSC,

section 17921, requires HCD to propose the adoption, amendment, or repeal of building standards by the CBSC. HSC,

section 17922, requires that the building stan- dards be essentially the same as the most recent edi- tions of the international or uniform industry codes. In the absence of adoption by regulation, the most recent editions of the international or uniform codes shall be considered to be adopted one year after the date of publication of the uniform codes. The CBSC is authorized to adopt these building standards under the authority granted by HSC

section 18949.5. HSC,

section 18200 through 18700, Mobilehome Parks Act, requires HCD to develop and adopt build- ing standards for mobilehome parks. HSC,

section 18300, requires HCD to adopt build- ing standards for mobilehome parks. HSC,

section 18620, establishes HCD’s authori - ty to propose the adoption of a building standard to the CBSC pursuant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC regarding the construction of buildings in mobilehome parks that it determines are reasonably necessary for the protec - tion of life and property and to carry out the purposes of the Mobilehome Parks Act (Part 2.1 (commencing with

section 18200) of Division 13 of the HSC).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 231 HSC,

section 18630, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC regarding plumbing in mobilehome parks that are reasonably necessary for the protection of life and property and to carry out the purposes of the Mobilehome Parks Act (Part 2.1 (commencing with

section 18200) of Division 13 of the HSC). HSC,

section 18640, authorizes HCD to propose the adoption of building standards to the CBSC pur- suant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC for toilet, shower, and laundry facilities in mobilehome parks. HSC,

section 18670, authorizes HCD to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC regarding electrical wiring, fixtures, and equipment installed in mobilehome parks that it determines are reasonably necessary for the protec - tion of life and property and to carry out the purposes of the Mobilehome Parks Act (Part 2.1 (commencing with

section 18200) of Division 13 of the HSC). HSC,

section 18691, authorizes HCD to propose the adoption of building standards to the CBSC pur- suant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC regarding fire protection stan- dards, governing conditions relating to the prevention of fire or for the protection of life and property against fire in parks. HSC,

section 18860 through 18874, Special Occu- pancy Parks Act, requires HCD to develop and adopt building standards for special occupancy parks. HSC,

section 18865, requires HCD to adopt build- ing standards for special occupancy parks. HSC,

section 18871.3, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC to adopt regulations regarding the construction, location and use of acces- sory structures in parks. HSC,

section 18873, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC to adopt regulations regarding the construction of buildings in special oc- cupancy parks that it determines are reasonably neces- sary for the protection of life and property and to carry out the purposes of the Mobilehome Parks Act (Part 2.1 (commencing with

section 18200) of Division 13 of the HSC). HSC,

section 18873.1, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC regarding plumbing in special occupancy parks that are reasonably neces- sary for the protection of life and property and to carry out the purposes of the Special Occupancy Parks Act (Part 2.3 (commencing with

section 18860) of Divi- sion 13 of the HSC). HSC,

section 18873.2, authorizes HCD to propose the adoption of building standards to the CBSC pur- suant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC for toilet, shower, and laundry facilities in special occupancy parks. HSC,

section 18873.3, authorizes HCD to propose the adoption of building standards to the CBSC pur- suant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC regarding electrical wiring, fix- tures, and equipment installed in special occupancy parks that it determines are reasonably necessary for the protection of life and property and to carry out the purposes of the Special Occupancy Parks Act (Part 2.3 (commencing with

section 18860) of Division 13 of the HSC). HSC,

section 18873.4, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC to adopt regulations regarding fuel gas equipment and installation within permanent buildings and parks. HSC

section 18873.5, establishes HCD’s authority to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with sec- tion 18935) of

Part 2.5 of the HSC to adopt regulations regarding the prevention of fire or for the protection of life and property against fire in parks. HSC

section 18941, requires HCD to administer building standards, written on a performance basis consistent with state and nationally recognized stan- dards for building construction in view of the use and occupancy of each structure to preserve and protect the public health and safety HSC

section 19960 through 19997, requires HCD to adopt building standards for factory–built housing. HSC

section 19990, authorizes HCD to propose the adoption of building standards to the CBSC pursuant to

Chapter 4 (commencing with

section 18935) of

Part 2.5 of the HSC regarding requirements related to fac- tory–built housing to include the most recent editions of the international or uniform industry codes.

Summary of Existing Regulations The 2022 California Building Code, CCR, title 24,

part 2 (CBC), chapters 10 and 11A, became effective on January 1, 2023.

Summary of Effect

Summary of effect of the proposed specific changes on existing CBC regulations: ● Two editorial modifications to

section numbers in CBC,

chapter 10, and one in

chapter 11A that

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 232 were omitted during the 2021 Triennial Code Adoption Cycle. ● Adopt language from the Fair Housing Act Design Manual to allow a half–inch tolerance for instal- lation of standard countertops that may project from the back wall for a maximum dimension of 25 1/2 inches (647.7 mm). These changes will impact the following HCD programs:

a) State Housing Law Program: relative to residen- tial occupancies, buildings or structures accesso- ry thereto and as provided for through the Federal Fair Housing Amendments Act of 1988 (FHA) (Public Law, 100–430 — and its implementing regulations — title 24 of the Code of Federal Regulations, 100.1 et seq.) and state law accessi- bility requirements, except where the application is for public use only.

b) Employee Housing Program: relative to the use of any buildings or structures on the property in ac- cordance with HSC

section 17040.

c) Mobilehome Parks and Special Occupancy Parks Programs: relative to the design or construction of permanent buildings and accessory buildings and structures within the park in accordance with HSC sections 18300, 18620, 18865 and 18873.1.

d) Factory–built Housing Program: relative to resi- dential buildings, dwellings or portions thereof, or building component, or manufactured assem- blies in accordance with HSC

section 19990. The standards provide consistency with model code format, state and federal laws and regulations, and conditions unique to California. In addition, the amendments provide clarity and specificity, and give direction for the code user. A discussion of the effect of the regulations may be found in the Initial State- ment of Reasons. Comparable Federal Statute or Regulations There are no comparable federal statutes or regu - lations. However, CBC,

chapter 11A is modeled after the FHA and also selected sections of the FHA Design Manual. Policy Statement Overview The proposed regulations as part of the update to the 2022 CBC will amend existing building standards af- fecting residential occupancies and building or struc- tures accessory thereto, as provided for by federal and state accessibility requirements. The benefits anticipated from this proposed regula- tory action include updating building standards, which will result in the protection of public health and safety, worker safety, the environment, and the general wel- fare of California residents.

In addition, providing for use of the most recent building technology, methods and materials and applying those building standards on a statewide basis, as required by statute, results in uniformity in residential construction and promotes affordable costs. Evaluation of Consistency HCD has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Reference: GC,

section 11346.5(a)(4). None. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS Reference: GC,

section 11346.5(a)(5). HCD has determined that the proposed regulatory action would not impose a mandate on local agen - cies or school districts. Thus, HCD’s proposal does not mandate state reimbursement pursuant to

Part 7 (commencing with

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

section 11346.5(a)(6). An estimate, prepared in accordance with instruc- tions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or savings to any state agency: No addi - tional cost or savings beyond those imposed by existing law. B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with

Section 17500) of Division 4 of the GC: None. C. Cost to any school district required to be re - imbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the GC: None. D. Other nondiscretionary cost or savings im - posed on local agencies: No additional cost or savings beyond those imposed by existing law. E. Cost or savings in federal funding to the state: None. Estimate: The proposed changes do not result in costs to state agencies, local agencies, or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 233 INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES Reference: GC,

section 11346.5(a)(8). If the agency makes an initial determination that the adoption/amendment/repeal of this regulation will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, it shall make a declaration to that effect. HCD has made an initial determination that the amendment of this regulation will not have a signifi- cant statewide adverse economic impact on business- es, including the ability of California businesses to compete with businesses in other states. Declaration of Evidence Reference: GC,

section 11346.5(a)(8). In making the declaration, the agency shall provide in the record facts, evidence, documents, testimony, or other evidence that the agency relied upon to support its initial determination of no effect. HCD has determined that there are minimal facts, evidence, documents, testimony, or other evidence upon which the agency relied to support its initial determination of no effect pursuant to GC

section 11346.5(a)(8). The public is welcome to submit any information, facts or documents either supporting HCD’s initial determination or finding to the contrary. FINDING OF NECESSITY FOR THE PUBLIC’S HEALTH, SAFETY, OR WELFARE Reference: GC,

section 11346.5(a)(11). Any regulation that requires a report shall not apply to businesses, unless the agency makes a finding that it is necessary for the health, safety, or welfare of the public that the regulations apply to businesses. N/A. HCD has made an assessment of the propos- al regarding the economic impact of recordkeeping and reporting requirements and has determined that a report pursuant to GC,

section 11346.3(c), is not required. COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS Reference: GC,

section 11346.5(a)(9). Describe all cost impacts that a representative pri- vate person or business would necessarily incur in reasonable compliance with the proposed action. If no cost impact, provide the following statement: HCD is not aware of any cost impacts that a repre- sentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. HCD’s proposed changes provide clarification and may save costs related to compliance. ASSESSMENT OF EFFECT OF REGULATIONS UPON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Reference: GC,

section 11346.5(a)(10). HCD has assessed whether and to what extent this proposal will affect the following: A. The creation or elimination of jobs within the State of California. These regulations will not affect the creation, or cause the elimination, of jobs within the State of California. B. The creation of new businesses or the elimina- tion of existing businesses within the State of California. The regulations will not affect the creation or the elimination of existing business within the State of California. C. The expansion of businesses currently doing business within the State of California.

The regulations will not affect the expansion of businesses currently doing business within the State of California. D. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. These regulations benefit California residents by ensuring the building standards HCD proposes pro - vide advancement to the accessibility needs of Cali- fornians, protection of public health and safety, worker safety, and the environment. ESTIMATED COST OF COMPLIANCE OF STANDARDS THAT WOULD IMPACT HOUSING Reference: GC,

section 11346.5(a)(12). There is no anticipated increased cost of compliance for the proposed California amendments. CONSIDERATION OF ALTERNATIVES Reference: GC,

section 11346.5(a)(13). HCD has determined that no reasonable alternative considered by HCD or that has otherwise been iden- tified and brought to the attention of HCD 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 action. In addition, no reasonable alterna- tive considered by HCD or that has otherwise been identified and brought to the attention of HCD would

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 10-Z 234 be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. A VAILABILITY OF RULEMAKING DOCUMENTS Reference: GC, sections 11346.5(a)(16), and 11346.5(a) (20). All of the information upon which the proposed reg- ulations are based is contained in the rulemaking file, which is available for public review, by contacting the person named below. This notice, the express terms and initial statement of reasons can be accessed from the CBSC website: dgs.ca.gov/BSC. Reference: GC,

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

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

section 11346.6, to accom - modate a person with a visual or other disability for which effective communication is required under state or federal law. The statement shall note that providing the accessible description of proposed changes may require extending the period of