time- dated material · pdf fileregister 2017, no. 32−z published weekly by the office...

AUGUST 11, 2017REGISTER 2017, NO. 32−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

OFFICE OF ADMINISTRATIVE LAWEDMUND G. BROWN, JR., GOVERNOR

(Continued on next page)

Time-DatedMaterial

PROPOSED ACTION ON REGULATIONSTITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict−of−Interest Code — Notice File No. Z2017−0801−04 1195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .AmendmentState Agency: State Coastal Conservancy

Unemployment Insurance Appeals BoardDepartment of Forestry and FireGovernor’s Office of Business and

Economic DevelopmentMulti−County: Tulare Joint Union High School District

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine — Notice File No. Z2017−0725−05 1196. . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 3. DEPARTMENT OF PESTICIDE REGULATIONWorker Protection Standard — Notice File No. Z2017−0801−08 1198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 9. MENTAL HEALTH SERVICES OVERSIGHT AND ACCOUNTABILITY COMMISSIONMental Health Services Act (MHSA) Innovative Projects — Notice File No. Z2017−0801−07 1201. . . . . . . . . . . . . . . .

TITLE 9. MENTAL HEALTH SERVICES OVERSIGHT AND ACCOUNTABILITY COMMISSIONMental Health Services Act (MHSA) Prevention and Early Intervention — Notice File No. Z2017−0801−06 1204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 13. AIR RESOURCES BOARDAftermarket Catalytic Converters — Notice File No. Z2017−0725−11 1209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 13. CALIFORNIA HIGHWAY PATROLChild Safety Alert Systems — Notice File No. Z2017−0801−03 1213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTIONOak Woodland Management Exemption, 2017 — Notice File No. Z2017−0801−02 1216. . . . . . . . . . . . . . . . . . . . . . . .

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containingnotices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in theCalifornia Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in theCalifornia 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 CapitolMall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson ReutersBusiness, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, pleasecall (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERYElectronic Waste Recovery and Recycling — Notice File No. Z2017−0801−05 1221. . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

DEPARTMENT OF HEALTH CARE SERVICESPediatric Palliative Care Waiver Renewal 1226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 1227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, March 1, 2017 to August 2, 2017 1230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 32-Z

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PROPOSED ACTION ONREGULATIONS

Information contained in this document ispublished as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. FAIR POLITICALPRACTICES COMMISSION

NOTICE IS HEREBY GIVEN that the Fair PoliticalPractices Commission, pursuant to the authority vestedin it by Sections 82011, 87303, and 87304 of the Gov-ernment Code to review proposed conflict−of−interestcodes, will review the proposed/amended conflict−of−interest codes of the following:

CONFLICT−OF−INTEREST CODES

AMENDMENT

STATE AGENCY: State Coastal ConservancyUnemployment Insurance

Appeals BoardDepartment of Forestry and FireGovernor’s Office of Business

and Economic Development

MULTI−COUNTY: Tulare Joint Union High School District

A written comment period has been establishedcommencing on August 11, 2017, and closing on Sep-tember 25, 2017. Written comments should be directedto the Fair Political Practices Commission, AttentionCesar Cuevas, 1102 Q Street, Suite 3000, Sacramento,California 95811.

At the end of the 45−day comment period, the pro-posed conflict−of−interest code(s) will be submitted tothe Commission’s Executive Director for her review,unless any interested person or his or her duly autho-rized representative requests, no later than 15 days priorto the close of the written comment period, a publichearing before the full Commission. If a public hearingis requested, the proposed code(s) will be submitted tothe Commission for review.

The Executive Director of the Commission will re-view the above−referenced conflict−of−interestcode(s), proposed pursuant to Government Code Sec-tion 87300, which designate, pursuant to Government

Code Section 87302, employees who must disclose cer-tain investments, interests in real property and income.

The Executive Director of the Commission, upon heror its own motion or at the request of any interested per-son, will approve, or revise and approve, or return theproposed code(s) to the agency for revision and re−submission within 60 days without further notice.

Any interested person may present statements, argu-ments or comments, in writing to the Executive Direc-tor of the Commission, relative to review of the pro-posed conflict−of−interest code(s). Any written com-ments must be received no later than September 25,2017. If a public hearing is to be held, oral commentsmay be presented to the Commission at the hearing.

There shall be no reimbursement for any new orincreased costs to local government which may resultfrom compliance with these codes because these are notnew programs mandated on local agencies by the codessince the requirements described herein were mandatedby the Political Reform Act of 1974. Therefore, they arenot “costs mandated by the state” as defined in Govern-ment Code Section 17514.

EFFECT ON HOUSING COSTSAND BUSINESSES

Compliance with the codes has no potential effect onhousing costs or on private persons, businesses or smallbusinesses.

AUTHORITY

Government Code Sections 82011, 87303 and 87304provide that the Fair Political Practices Commission asthe code reviewing body for the above conflict−of−interest codes shall approve codes as submitted, revisethe proposed code and approve it as revised, or returnthe 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 Actand amend their codes when change is necessitated bychanged circumstances.

CONTACT

Any inquiries concerning the proposed conflict−of−interest code(s) should be made to Cesar Cuevas, FairPolitical Practices Commission, 1102 Q Street, Suite3000, Sacramento, California 95811, telephone (916)322−5660.


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AVAILABILITY OF PROPOSEDCONFLICT−OF−INTEREST CODES

Copies of the proposed conflict−of−interest codesmay be obtained from the Commission offices or the re-spective agency. Requests for copies from the Commis-sion should be made to Cesar Cuevas, Fair PoliticalPractices Commission, 1102 Q Street, Suite 3000,Sacramento, California 95811, telephone (916)322−5660.

TITLE 3. DEPARTMENT OF FOODAND AGRICULTURE

The Department of Food and Agriculture (Depart-ment) amended subsection 3435(b) of the regulations inTitle 3 of the California Code of Regulations pertainingto Asian Citrus Psyllid (ACP) Interior Quarantine as anemergency action which was effective on July 6, 2017.The Department proposes to continue the regulation asamended and to complete the amendment process bysubmission of a Certificate of Compliance no later thanJanuary 2, 2018.

This notice is being provided to be in compliancewith Government Code Section 11346.4.

PUBLIC HEARING

A public hearing is not scheduled. A public hearingwill be held if any interested person, or his or her dulyauthorized representative, submits a written request fora public hearing to the Department no later than 15 daysprior to the close of the written comment period.

WRITTEN COMMENT PERIOD

Any interested person or his or her authorized repre-sentative may submit written comments relevant to theproposed amendment to the Department. Commentsmay be submitted by mail, facsimile (FAX) at916.651.2900 or by email to [email protected] written comment period closes at 5:00 p.m. on Sep-tember 25, 2017. The Department will consider onlycomments received at the Department offices by thattime. Submit comments to:

Dean KelchDepartment of Food and AgriculturePlant Health and Pest Prevention Services 1220 N StreetSacramento, CA [email protected] (FAX)

Following the public hearing if one is requested, orfollowing the written comment period if no public hear-ing is requested, the Department, at its own motion, orat the instance of any interested person, may adopt theproposal substantially as set forth without furthernotice.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

Existing law provides that the Secretary is obligatedto investigate the existence of any pest that is not gener-ally distributed within this state and determine the prob-ability of its spread and the feasibility of its control oreradication (Food and Agricultural Code (FAC) 5321).

Existing law also provides that the Secretary may es-tablish, maintain and enforce quarantine, eradicationand other such regulations as she deems necessary toprotect the agricultural industry from the introductionand spread of pests (FAC Sections 401, 403, 407 and5322).Anticipated Benefits from This Regulatory Action

Existing law, FAC Section 403, provides that the de-partment shall prevent the introduction and spread ofinjurious insect or animal pests, plant diseases, andnoxious weeds.

Existing law, FAC Section 407, provides that the Sec-retary may adopt such regulations as are reasonablynecessary to carry out the provisions of this code thatthe Secretary is directed or authorized to administer orenforce.

Existing law, FAC Section 5321, provides that theSecretary is obligated to investigate the existence of anypest that is not generally distributed within this Stateand determine the probability of its spread, and the fea-sibility of its control or eradication.

Existing law, FAC Section 5322, provides that theSecretary may establish, maintain, and enforce quaran-tine, eradication, and such other regulations as are in heropinion necessary to circumscribe and exterminate orprevent the spread of any pest that is described in FACSection 5321.

The existing law obligates the Secretary to investi-gate and determine the feasibility of controlling or erad-icating pests of limited distribution but establishes dis-cretion with regard to the establishment and mainte-nance of regulations to achieve this goal. This amend-ment provides the necessary regulatory authority to pre-vent the artificial spread of a serious insect pest, whichis a mandated statutory goal.

The amendment of this regulation benefits the citrusindustries (nurseries, fruit growers, wholesalers, retail-ers, exporters) and the environment by having a quaran-tine program to prevent the artificial spread of ACPover long distances. Almost all of the commercial citrus


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fruit and nursery stock production is located outside thisproposed quarantine area boundary.

The national and international consumers of Califor-nia citrus benefit by having high−quality fruit availableat lower cost. It is assumed that any increases in produc-tion costs will ultimately be passed on to the consumer.

The amendment of this regulation benefits home-owners who grow citrus for consumption and host ma-terial that is planted as ornamentals in various rural andurban landscapes.

FAC Section 401.5 states, “the department shall seekto protect the general welfare and economy of the stateand seek to maintain the economic well−being of agri-culturally dependent rural communities in this state.”The amendment of this regulation is preventing the arti-ficial spread of ACP to uninfested areas of the State.

Huanglongbing (HLB) is generally distributed inFlorida due to ACP being generally distributed there.The University of Florida Institute of Food and Agricul-tural Sciences Extension calculated and compared theimpact of having and not having HLB present in Floridaand concluded HLB had a total impact of $3.64 billionand eliminated 0.8 percent of the total Florida work-force. The overall California economy benefits by theamendment of this regulation, which is intended to pre-vent ACP from becoming generally distributed in Cali-fornia and resulting in a similar effect on our economyas to what happened in Florida. This is now critical asHLB has been introduced into California.

There is no existing, comparable federal regulation orstatute regulating the intrastate movement of ACPhosts.

The Department considered any other possible relat-ed regulations in this area, and we find that these are theonly regulations dealing in this subject area, and the on-ly State agency that can implement plant quarantines.As required by Government Code Section11346.5(a)(3)(D), the Department has conducted anevaluation of this regulation and has determined that itis not inconsistent or incompatible with existing stateregulations.

AMENDED TEXT

The emergency rulemaking action expanded thequarantine area for ACP 125 square miles. The effect ofthe amendment of this regulation is to provide authorityfor the State to perform quarantine activities againstACP within this additional area. The total area thatwould be under regulation is now approximately63,155 square miles.

DISCLOSURES REGARDING THEPROPOSED ACTION

The Department has made the following initialdeterminations:

Mandate on local agencies or school districts: None.Cost or savings to any state agency: None.Cost to any local agency or school district which must

be reimbursed in accordance with Government CodeSections 17500 through 17630: None and no nondiscre-tionary costs or savings to local agencies or schooldistricts.

Cost or savings in federal funding to the state: None.The Department has made an initial determination

that there will be no significant, statewide adverse eco-nomic impact directly affecting business, including theability of California businesses to compete with busi-nesses in other states.

Cost impacts on a representative private person orbusiness: Most businesses will not be affected. Thereare zero citrus production nurseries in the affected areathat will be impacted. There are twenty four retail nurs-eries in the affected area. There are zero citrus growersin the proposed area. There is no additional cost togrowers who take their fruit to a packinghouse insidethe current quarantine area. Growers choosing a pack-inghouse outside the quarantine area have three op-tions: 1. Conduct pre−harvest treatments with an ap-proved pesticide while fruit is still on the trees; 2. Field−clean the fruit to remove leaves and stems during har-vest; 3. Send the fruit to a packinghouse within the quar-antine area to be cleaned. Pre−harvest treatments costgrowers approximately $60 per acre. Field−cleaningthe fruit will cost the grower approximately $150−$320per acre depending on the citrus variety. Field−cleanedfruit can be moved within or from the quarantined area.Cleaning at a packinghouse within the quarantine areawill cost the grower approximately $300−$400 peracre, and the fruit must remain within the quarantinearea. There are zero citrus packinghouses located with-in this quarantine area.

Based on the preceding information, it was deter-mined that due to the amendment of Section 3435(b),the agency is not aware of any cost impact on a repre-sentative business or private person. For the vast major-ity of businesses within the regulated area, no additionalcosts will be incurred.

Small Business Determination

The Department has determined that the proposedregulations may affect small business.

Significant effect on housing costs: None.

Results of the Economic Impact Analysis

Amendment of these regulations will not:


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

businesses within California; or(3) Affect the expansion of businesses currently doing

business within California.The Department is not aware of any specific benefits

the amendment of this regulation will have on workersafety or the health of California residents. The Depart-ment believes the amendment of this regulation benefitsthe welfare of California residents by protecting theeconomic health of the entire citrus industry. In 2010the estimated value was $2.1 billion for citrus fruit and$28.5 million for citrus nursery stock without all the up-stream buyers and downstream retailers included (Ref-erence: John Gilstrap of California Citrus NurseryBoard for citrus nursery stock value and USDA−National Agricultural Statistics Service 2010 data forcitrus fruit). This is a needed source of revenue for theState’s economic health and this amendment will helpprotect this source of revenue.

ALTERNATIVES CONSIDERED

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

AUTHORITY

The Department proposes to amend Section 3435(b)pursuant to the authority vested by Sections 407, 5301,5302 and 5322 of the FAC.

REFERENCE

The Department proposes this action to implement,interpret and make specific Sections 5301, 5302 and5322 of the FAC.

CONTACT

The agency officer to whom written comments andinquiries about the initial statement of reasons, pro-posed actions, location of the rulemaking files, and re-quest for a public hearing may be directed is: DeanKelch, Department of Food and Agriculture, Plant

Health and Pest Prevention Services, 1220 N Street,Room 210, Sacramento, California 95814, (916)403−6650, FAX (916) 651−2900, E−mail:[email protected]. In his absence, you maycontact Laura Petro at (916) 654−1017. Questions re-garding the substance of the proposed regulation shouldbe directed to Dean Kelch.

INTERNET ACCESS

The Department has posted the information regard-ing this proposed regulatory action on its Internet web-site (www.cdfa.ca.gov/plant/Regulations.html).

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

The Department has prepared an initial statement ofreasons for the proposed action, has available all the in-formation upon which its proposal is based, and hasavailable the express terms of the proposed action. Acopy of the initial statement of reasons and the proposedregulations in underline and strikeout form may be ob-tained upon request. The location of the information onwhich the proposal is based may also be obtained uponrequest. In addition, when completed, the final state-ment of reasons will be available upon request. Re-quests should be directed to the contact named herein.

If the regulations adopted by the Department differfrom, but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Any person interested mayobtain a copy of said regulations prior to the date ofadoption by contacting the agency officer (contact)named herein.

TITLE 3. DEPARTMENT OFPESTICIDE REGULATION

Worker Protection StandardDPR Regulation No. 17−001

The Department of Pesticide Regulation (DPR) pro-poses to amend Title 3, California Code of Regulations(3 CCR) sections 6000, 6619, 6724, 6764, 6768, 6769,and 6776. This proposal will affect pesticide regulatoryprogram activities pertaining to pesticide worker safety.In summary, the proposed action will amend DPR’s ex-isting worker safety regulations to align with the recent-ly revised federal Worker Protection Standard (WPS)[Title 40 Code of Federal Regulations (40 CFR), Part170] that was noticed in the Federal Register, Vol. 80,No. 21 on November 2, 2015. The proposed actiondeletes the application exclusion zone definition and re-


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vises requirements for notice of completed applica-tions, fieldworker training, fieldworker decontamina-tion supplies, and field posting when a pesticide is usedfor the commercial or research production of an agricul-tural commodity. In addition, the proposed action revis-es the training program requirements for pesticide han-dlers working in production or non−production agricul-ture settings, or in non−agricultural settings.

SUBMITTAL OF COMMENTS

Any interested person may present comments in writ-ing about the proposed action to the agency contact per-son named below. Written comments must be receivedno later than 5:00 p.m. on September 25, 2017. Com-ments regarding this proposed action may also be trans-mitted via e−mail to <[email protected]> or byfacsimile at 916−324−1491.

A public hearing is not scheduled. However, one willbe scheduled if any interested person submits a writtenrequest to DPR no later than 15 days prior to the close ofthe written comment period.1

EFFECT ON SMALL BUSINESS

DPR has determined that the proposed regulatory ac-tion does affect small businesses.


DPR’s mission is to protect public health and the en-vironment from adverse effects of pesticide use. DPRregulates pesticide product evaluation and registration,statewide licensing of commercial and private pesticideapplicators, pest control businesses, dealers, and advis-ers, environmental monitoring and pesticide residuetesting of fresh produce. This statutory scheme is setforth primarily in Food and Agricultural Code (FAC)Divisions 6 and 7.

The FAC also specifically requires that DPR adoptregulations to ensure safe working conditions for per-sons handling pesticides and working in and aroundpesticide−treated areas. DPR’s current regulatory re-quirements for pesticide safety training, field posting,and notice of completed applications are designed to re-duce the risk of pesticide exposure and injuries amongpesticide handlers and workers exposed to pesticides.

The U.S. Environmental Protection Agency (U.S.EPA) acts under the authority and mandate of the Feder-

1If you have special accommodation or language needs, please in-clude this in your request for a public hearing. TTY/TDD speech−to−speech users may dial 7−1−1 for the California Relay Service.

al Insecticide, Fungicide, and Rodenticide Act(FIFRA). The federal WPS regulations are found at 40CFR, part 170, Agricultural WPS. The purpose of thefederal WPS is to provide protection to pesticide agri-cultural workers and handlers through training, notifi-cation, pesticide safety and hazard communication in-formation, use of personal protective equipment, andemergency decontamination requirements.

U.S. EPA granted DPR primacy for pesticide en-forcement in California and determined California’sworker safety program to be equivalent to the federalWPS. On November 2, 2015, U.S. EPA revised portionsof its federal WPS to enhance protections in its existingWPS. U.S. EPA noticed its revised federal WPS in theFederal Register, Vol. 80, No. 21. The purpose of its re-visions is to further reduce occupational pesticide expo-sure and incidents or related illness among agriculturalworkers and pesticide handlers when using pesticidesfor the production of an agricultural commodity. Theserevisions included two sets of regulatory changes —one set was scheduled to go into effect on January 2,2017, the second set is scheduled to go into effect onJanuary 1, 2018.

In general, California’s regulatory requirements aremore stringent and U.S. EPA based many of its new re-quirements on those in California. While DPR’s workerprotection regulations were already consistent or morerestrictive than most of the regulatory changes mandat-ed by the revised federal WPS rules, DPR added regula-tions and revised some of its existing California workersafety regulations in 3 CCR to ensure that they are con-sistent with the revised, federal WPS. These regulationswent into effect on January 2, 2017 (Office of Adminis-trative Law File No. 2016−0902−02S). U.S. EPA deter-mined that those regulations achieved the same degreeof protection of human health as the federal WPS, andin many ways were more stringent.

DPR proposes amendments to maintain at least thesame level of protection as the remaining federal WPSrevisions. The proposed action revises the training pro-gram requirements for pesticide handlers working inproduction or non−production agriculture settings, or innon−agricultural settings, and for fieldworkers. In addi-tion, DPR proposes to make some clarifying changes tothe regulations it recently adopted. The proposed actiondeletes the application exclusion zone definition and re-vises requirements for notice of completed applica-tions, fieldworker decontamination supplies, and fieldposting when a pesticide is used for the commercial orresearch production of an agricultural commodity. Allof the proposed amendments are consistent with the re-vised WPS with the exception of requiring all employ-ees, agricultural and non−agricultural, who handle pes-ticides to be trained under the new WPS handler train-ing topics. DPR believes the proposed additional train-


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ing topics will provide handlers and fieldworkers withinformation designed to reduce work−related pesticideexposures and illnesses.

Adoption of these regulations will provide a benefitto worker safety. Expanding the required training con-tent will improve worker safety by providing a morecomprehensive description of rights and protectionsand how to reduce risks and behaviors associated withaccidental exposure to pesticide handlers and field-workers.

During the process of developing these proposed reg-ulations, DPR conducted a search of any similar regula-tions on this topic and has concluded that these pro-posed regulations are neither inconsistent nor incom-patible with existing state regulations. Although DPRand the California Department of Industrial Relations,Division of Occupational Safety and Health, have regu-latory mandates to protect workers from health andsafety hazards in workplaces, DPR enforces pesticidelaws in workplaces where pesticides are used.

IMPACT ON LOCAL AGENCIES ORSCHOOL DISTRICTS

DPR determined that the proposed regulatory actiondoes not impose a mandate on local agencies or schooldistricts, nor does it require reimbursement by the statepursuant to Part 7 (commencing with section 17500) ofDivision 4 of the Government Code, because the regu-latory action does not constitute a “new program orhigher level of service of an existing program” withinthe meaning of section 6 of Article XIII of the Califor-nia Constitution. DPR also determined that no nondis-cretionary costs or savings to local agencies or schooldistricts are expected to result from the proposed regu-latory action.

County agricultural commissioner (CAC) officeswill be the local agencies responsible for enforcing theproposed regulations. DPR anticipates that there will beno fiscal impact to these agencies. DPR establishes anannual work plan with the CACs, which already re-quires the CACs to conduct pesticide use inspectionsand investigations and to enforce compliance with Cali-fornia worker protection laws and regulations.

COSTS OR SAVINGS TO STATE AGENCIES

DPR determined that no savings or increased costs toany state agency will result from the proposed regulato-ry action.

EFFECT ON FEDERAL FUNDING TOTHE STATE

DPR determined that no costs or savings in federalfunding to the state will result from the proposed action.

EFFECT ON HOUSING COSTS

DPR made an initial determination that the proposedaction will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY

AFFECTING BUSINESSES

DPR made an initial determination that adoption ofthis regulation will not have a significant statewide ad-verse economic impact directly affecting businesses,including the ability of California businesses to com-pete with businesses in other states. DPR is, proposingamendments to California worker safety regulation toinclude additional training topics required for pesticidehandler and fieldworker trainings. The proposed regu-latory requirements will bring California worker safetyregulations into alignment with the recently revisedfederal WPS 40 CFR Part 170 that was noticed in theFederal Register, Vol. 80, No. 21 on November 2, 2015.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

DPR is not aware of any cost impacts that a represen-tative private person or business would necessarily in-cur in reasonable compliance with the proposed action.

RESULTS OF THE ECONOMICIMPACT ANALYSIS

Impact on the Creation, Elimination, or Expansion ofJob/Businesses: DPR determined it is not likely the pro-posed regulatory action will impact the creation orelimination of jobs, the creation of new businesses orthe elimination of existing businesses, or the expansionof businesses currently doing business with the State ofCalifornia because the proposed regulation is designedto align with the new federal WPS rules by expandingthe training content required for pesticide handlers andfieldworkers.

The proposed regulations will benefit worker safetyby further strengthening current regulations that are al-ready designed to reduce the risk of pesticide poison-ings and injuries among pesticide handlers and otheragricultural workers exposed to pesticides. Ensuringthat pesticide users comply with the newly adopted reg-ulations will benefit worker safety. Implementation of


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the proposed regulations will not adversely affect thehealth and welfare of California residents or the envi-ronment.

CONSIDERATION OF ALTERNATIVES

DPR must determine that no reasonable alternativeconsidered by the agency, or that has otherwise beenidentified and brought to the attention of the agency,would be more effective in carrying out the purpose forwhich the action is proposed, would be as effective andless burdensome to affected private persons than theproposed regulatory action, or would be more cost−effective to affected private persons and equally effec-tive in implementing the statutory policy or other provi-sion of the law.

AUTHORITY

This regulatory action is taken pursuant to the author-ity vested by FAC sections 11456, 12976, 12981.

REFERENCE

This regulatory action is to implement, interpret, ormake specific FAC sections 11501, 12973, 12980, and12981.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

DPR prepared an Initial Statement of Reasons and ismaking available the express terms of the proposed ac-tion, all of the information upon which the proposal isbased, and a rulemaking file. A copy of the Initial State-ment of Reasons and the proposed text of the regulationmay be obtained from the agency contact person namedin this notice. The information upon which DPR reliedin preparing this proposal and the rulemaking file areavailable for review at the address specified below.

AVAILABILITY OF CHANGED ORMODIFIED TEXT

After the close of the comment period, DPR maymake the regulation permanent if it remains substantial-ly the same as described in the Informative Digest. IfDPR does make substantial changes to the regulation,the modified text will be made available for at least 15days prior to adoption. Requests for the modified textshould be addressed to the agency contact person

named in this notice. DPR will accept written com-ments on any changes for 15 days after the modified textis made available.

AGENCY CONTACT

Written comments about the proposed regulatory ac-tion; requests for a copy of the Initial Statement of Rea-sons, and the proposed text of the regulation; and in-quiries regarding the rulemaking file may be directedto:

Linda Irokawa−Otani, Regulations CoordinatorDepartment of Pesticide Regulation1001 Street, P.O. Box 4015Sacramento, California 95812−4015916−445−3991

Note: In the event the contact person is unavailable,questions on the substance of the proposed regulatoryaction may be directed to the following back−up personat the same address as noted below:

Kevin Solari, Environmental Program Manager IWorker Health and Safety Branch916−323−7614

This Notice of Proposed Action, the Initial Statementof Reasons, and the proposed text of the regulation arealso available on DPR’s Internet Home Page<http://www.cdpr.ca.gov>. Upon request, the docu-ments can be made available in another language, or analternate form as a disability−related accommodation.

AVAILABILITY OF FINAL STATEMENTOF REASONS

Following its preparation, a copy of the Final State-ment of Reasons mandated by Government Code sec-tion 11346.9(a) may be obtained from the contact per-son named above. In addition, the Final Statement ofReasons will be posted on DPR’s Internet Home Pageand accessed at <http://www.cdpr.ca.gov>.

TITLE 9. MENTAL HEALTH SERVICESOVERSIGHT ACCOUNTABILITY

COMMISSION

NOTICE IS HEREBY GIVEN that the MentalHealth Services Oversight and Accountability Com-mission (Commission) is proposing to amend regula-tions in Division 1 of Title 9 of the California Code ofRegulations pertaining to Mental Health Services ActInnovative Projects as described in the InformativeDigest.


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PUBLIC HEARING

The Commission will hold a public hearing starting at9:15 a.m. on September 28, 2017, at the Mental HealthServices Oversight and Accountability Commission lo-cated at 1325 J St., Suite 1700 on the 17th Floor inSacramento, California. The conference room is wheel-chair accessible. At the hearing, any person may presentstatements or arguments orally or in writing relevant tothe proposed action described in the Informative Di-gest. The Commission requests, but does not require,that persons who make oral comments at the hearing al-so submit a written copy of their testimony at the hear-ing. The hearing will end when all comments have beenreceived or at 10:15 a.m., whichever comes first.


Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to the Commission. Com-ments may also be submitted by facsimile or by e−mail.The written comment period closes at 5:00 p.m. onSeptember 28, 2017. The Commission will consideronly comments received at the Commission office or atthe public hearing, by that time.

Submit comments to:

Kayla LandryMental Health Services Oversight and

Accountability Commission1325 J St., Suite 1700Sacramento, CA 95814(916) 445−8696FAX: 916−445−4927Email: [email protected]

AUTHORITY AND REFERENCE

This rulemaking action is made pursuant to theauthority vested by Section 5846 of the Welfare andInstitutions Code. The Commission is seeking changesto Title 9 of Division 1 of the California Code ofRegulations as follows: Amend Sections 3580 and3580.010. This proposal interprets, implements, andmakes specific Welfare and Institutions Code Sections5830, 5845, 5847, 5848, and uncodified Sections 2 and3 of Proposition 63, the Mental Health Services Act.

INFORMATIVE DIGEST

The California voters approved Proposition 63 dur-ing the November 2004 General Election. Proposition

63 became effective on January 1, 2005 as the MentalHealth Services Act (MHSA). The MHSA expandsmental health services to children/youth, adults, andolder adults who are at risk of or have serious mental ill-ness or serious emotional disturbance and whose ser-vice needs are not being met through other fundingsources.

Innovative Projects (INN) is one of five componentsof the MHSA and has as its specific purpose to increaseaccess to underserved groups; increase quality of ser-vices, including better outcomes; promote interagencycollaboration; and increase access to services, includ-ing, but not limited to, services provided through per-manent housing. (Welfare and Institutions Coe Section5830, subdivision (a).) Regulations for the administra-tion of the INN component were first issued in 2015 bythe Commission.

This rulemaking is initiated as a result of a series ofpublic meetings in 2016 with representatives of Califor-nia’s county behavioral health agencies who raisedmultiple concerns about their ability to comply withsome of the INN regulations that had been promulgatedin 2015. Informed by those public meetings, in October2016, the Commission adopted recommendations toaddress the challenges to implementing the INN regula-tions. Some of those recommendations includedamending the INN regulations. Those recommenda-tions are contained in the Commission’s report, FindingSolutions: Helping Counties Comply with RegulationsGoverning Innovation Projects and Prevention andEarly Intervention Programs under the Mental HealthServices Act (the Report). The Commission convenedan advisory subcommittee (subcommittee) to advise onproposed language to implement the recommendationto amend the INN regulations. At its July 27, 2017meeting the Commission adopted the proposed amend-ments to the regulations.

The overall purpose of this rulemaking is to addressidentified challenges to the implementation of the INNregulations that were promulgated in 2015.

A synopsis of the proposed substantive changes is asfollows:

Section 3580

� Existing law requires the Annual InnovativeProject Report to be submitted to the Commissionon or before December 31st as part of the county’sAnnual Update or Three−Year Program andExpenditure Plan. The proposed amendment toparagraph (A) changes the due date of subsequentAnnual Innovative Project Reports to be within 30calendar days of Board of Supervisors approvalbut no later than June 30 of the same fiscal year,whichever occurs first.


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Section 3580.010

� Existing law requires the Annual InnovativeProject Report to include demographicinformation on individuals served in eachInnovative Project. The proposed new subdivision(b) specifies that for programs that serve childrenand youth under 18 years of age the demographicinformation is to be collected and reported only tothe extent permitted by federal and state privacyand education laws. The proposed newsubdivision (c) specifies that a county is notrequired to collect demographic information froma minor younger than 12 years of age.

This Informative Digest accompanies the proposedregulations to amend 3 regulations located in the Cali-fornia Code of Regulations Title 9, Division 1, Chapter14, Article 5, Reporting Requirements and Article 7, In-novative Projects.

POLICY STATEMENT OVERVIEW ANDANTICIPATED BENEFITS OF PROPOSAL

This regulatory proposal, amending sections of theINN regulations, first promulgated in 2015, helps to en-sure that California’s county behavioral health agen-cies, the entities responsible to comply with the regula-tions issued in 2015, are better able to comply withthose regulatory requirements. The initial regulationsprovided, for the first time, statewide consistency andconformity in the administration and reporting of INNproject data and evaluation that enables the Commis-sion to conduct more effective oversight and evaluationof the projects. Better compliance with the regulationsultimately will help to increase the quality of mentalhealth services programs.

CONSISTENCY AND COMPATIBILITY WITHEXISTING STATE REGULATIONS

During the process of developing these amendmentsthe Commission conducted research on other possiblerelated regulations in this area (Mental Health ServicesAct Innovative Projects) and has concluded that theINN regulations promulgated in 2015 by the Commis-sion are the only regulations in this area and that theseproposed amendments to those regulations are neitherinconsistent nor incompatible with any other existingstate regulations.

MATERIAL UPON WHICH THE COMMISSIONRELIES IN PROPOSING THE

RULEMAKING ACTION

Mental Health Services and Accountability Commis-sion. (November 2016). “Finding Solutions: HelpingCounties Comply with Regulations Governing Innova-tion Projects and Prevention and Early InterventionPrograms under the Mental Health Services Act.”


The Commission has made the following initialdeterminations:

Mandate on local agencies and school districts: None.Proposition 63 created the Mental Health Services

Fund, which is directly distributed to California coun-ties to fund the MHSA programs. The county, through acommunity program planning process, determines,based on available unspent funds, what services to fundwith the Mental Health Services Fund.

Costs or savings to any state agency: None.Cost to any local agency or school district, which

must be reimbursed in accordance with GovernmentCode sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed onlocal agencies: None.

Significant effect on housing costs: None.Fiscal impact on public agencies including costs or

savings to state agencies or costs/savings in federalfunding to the state: None.

Significant, statewide adverse economic impact di-rectly affecting business including the ability, of Cali-fornia businesses to compete with businesses in otherstates: None.

Results of the economic impact assessment/analysis:The Commission concludes that these amendments tothe existing regulations:� Would not have a significant, statewide adverse

economic impact directly affecting business,including the ability of California businesses tocompete with businesses in other states becausethe regulatory proposal is directed to countymental health agencies.

� Would not have a significant impact on thecreation of jobs or new businesses or theelimination of jobs or existing businesses or affectthe expansion of businesses currently doingbusiness in the State of California because countymental health agencies, the entities responsible tocomply with this regulatory proposal, currentlyhave Innovative Projects.


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� Would benefit the health and welfare of Californiaresidents, worker safety, and the state’senvironment by increasing the quality of mentalhealth services and thus benefiting the health,safety, and welfare of California residents,including those with unidentified serious mentalillness; the larger number with unaddressed risk ofor early onset of a potentially serious mentalillness; and the still larger number of friends,colleagues, loved ones, and the many servicesectors that are adversely affected byunrecognized, unaddressed, and untreated mentalillness.

Cost impacts on a representative private person orbusinesses: The Commission is not aware of any costimpacts that a representative private person or businesswould necessarily incur in reasonable compliance withthe proposed action.

Small Business Determination: The proposedamendments to the INN regulations would not affectsmall businesses as these amendments only affectCounty Mental Health Departments and they alreadyhave INN projects in place.


In accordance with Government Code section11346.5, subdivision (a)(13), the Commission must de-termine that no reasonable alternative considered by theCommission or brought to its attention would be moreeffective in carrying out the purpose for which this ac-tion is proposed, or would be as effective and less bur-densome to affected private persons than the proposedaction described in this Notice, or would be more cost−effective to affected private persons and equally effec-tive at implementing the statutory policy or other provi-sion of law.

The Commission invites interested persons to presentstatements or arguments with respect to alternatives tothe proposed amendments to the regulations at thescheduled hearing or during the written commentperiod.

CONTACT PERSONS

Inquiries concerning the proposed administrative ac-tion may be directed to Kayla Landry and the back−upcontact person, Filomena Yeroshek at Mental HealthOversight and Accountability Commission, 1325 J St.,Suite 1700 Sacramento, CA 95814: (916) 445−8696.

AVAILABILITY OF INITIAL STATEMENT OFREASONS, TEXT OF PROPOSED

REGULATIONS, AND RULEMAKING FILE

The Commission will have the entire rulemaking fileavailable for inspection and copying throughout therulemaking process at the Commission office at 1325 JSt., Suite 1700, Sacramento, CA 95814. As of the datethis notice is published in the Notice Register, the rule-making file consists of copies of the exact language ofthe proposed amendments to the regulations, the InitialStatement of Reasons, and all of the information uponwhich the proposal is based. Please direct requests forcopies of the proposed text of the amendments to theINN regulations, the Initial Statement of Reasons, orother information upon which the rulemaking is basedto Ms. Kayla Landry at the above address.

Following the public comment period the Commis-sion may thereafter adopt the proposed regulations sub-stantially as described or may modify the proposed reg-ulations if the modifications are sufficiently related tothe original text. With the exception of technical orgrammatical changes, the full text of any modified pro-posed regulations will be available for 15 days prior toits adoption from the person designated in this Notice ascontact person and will be mailed to those persons whosubmit written comments related to this proposal, orwho provide oral testimony at the public hearing or whohave requested notification of any changes to the pro-posed regulations.

AVAILABILITY OF THE FINAL STATEMENTOF REASONS

Upon its completion, copies of the Final Statement ofReasons may be viewed and downloaded from theCommission’s website at www.mhsoac.ca.gov or bycontacting Ms. Landry at the above address.

AVAILABILITY OF DOCUMENTS ONTHE INTERNET

Copies of the Notice of Proposed Action, the InitialStatement of Reasons, and the text of the amendmentsto the INN regulations in underline and strikeout can beaccessed through the Commission’s website atwww.mhsoac.ca.gov.

TITLE 9. MENTAL HEALTH SERVICESOVERSIGHT ACCOUNTABILITY

COMMISSION

NOTICE IS HEREBY GIVEN that the MentalHealth Services Oversight and Accountability Com-mission (Commission) is proposing to amend regula-


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tions in Division 1 of Title 9 of the California Code ofRegulations pertaining to Mental Health Services ActPrevention and Early Intervention as described in theInformative Digest.

PUBLIC HEARING

The Commission will hold a public hearing starting at9:15 a.m. on September 28, 2017, at the Mental HealthServices Oversight and Accountability Commission lo-cated at 1325 J St., Suite 1700 on the 17th Floor inSacramento, California. The conference room is wheel-chair accessible. At the hearing, any person may presentstatements or arguments orally or in writing relevant tothe proposed action described in the Informative Di-gest. The Commission requests, but does not require,that persons who make oral comments at the hearing al-so submit a written copy of their testimony at the hear-ing. The hearing will end when all comments have beenreceived or at 10:15 a.m., whichever comes first.


Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to the Commission. Com-ments may also be submitted by facsimile or by e−mail.The written comment period closes at 5:00 p.m. onSeptember 28, 2017. The Commission will consideronly comments received at the Commission office or atthe public hearing, by that time.

Submit comments to:

Kayla LandryMental Health Services Oversight and

Accountability Commission1325 J St., Suite 1700Sacramento, CA 95814(916) 445−8696FAX: 916−445−4927Email: [email protected]


This rulemaking action is made pursuant to the au-thority vested by Section 5846 of the Welfare and Insti-tutions Code. The Commission is seeking changes toTitle 9 of Division 1 of the California Code of Regula-tions as follows: Amend Sections 3560, 3560.010,3560.020, 3705, 3726, 3735, 3750 and 3755. This pro-posal interprets, implements, and makes specific Wel-fare and Institutions Code Sections 5840, 5845, 5847,5848, and uncodified Sections 2 and 3 of Proposition63, the Mental Health Services Act.

INFORMATIVE DIGEST

The California voters approved Proposition 63 dur-ing the November 2004 General Election. Proposition63 became effective on January 1, 2005 as the MentalHealth Services Act (MHSA). The MHSA expandsmental health services to children/youth, adults, andolder adults who are at risk of or have serious mental ill-ness or serious emotional disturbance and whose ser-vice needs are not being met through other fundingsources.

Prevention and Early Intervention (PEI) is one of fivecomponents of the MHSA and has as its specific pur-pose to prevent mental illnesses from becoming severeand disabling. (Welfare and Institutions Code Section5840, subdivision (a).) Regulations for the administra-tion of the PEI component were first issued in 2015 bythe Commission.

This rulemaking is initiated as a result of a series ofpublic meetings in 2016 with representatives of Califor-nia’s county behavioral health agencies who raisedmultiple concerns about their ability to comply withsome of the PEI regulations that had been promulgatedin 2015. Informed by those public meetings, in October2016, the Commission adopted recommendations toaddress the challenges to implementing the PEI regula-tions. Some of those recommendations includedamending the PEI regulations. Those recommendationsare contained in the Commission’s report, Finding So-lutions: Helping Counties Comply with RegulationsGoverning Innovation Projects and Prevention andEarly Intervention Programs under the Mental HealthServices Act (the Report). The Commission convenedan advisory subcommittee (subcommittee) to advise onproposed language to implement the recommendationto amend the PEI regulations. At its July 27, 2017 meet-ing the Commission adopted the proposed amendmentsto the regulations.

The overall purpose of this rulemaking is to addressthe identified challenges to the implementation of thePEI regulations that were promulgated in 2015.

A synopsis of the proposed changes is as follows:

Section 3560

� Existing law requires a county to submit to theCommission two reports: the Annual Preventionand Early Intervention Program and Evaluationreport and the Three−Year Program andEvaluation report. The proposed amendments tothis section make non−substantive changes byrenaming the Annual and Three−Year Preventionand Early Intervention reports to shorten andsimplify the names.


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Section 3560.010� Existing law requires the Annual Prevention and

Early Intervention report to be submitted to theCommission on or before December 30th as partof the county’s Annual Update or Three−YearProgram and Expenditure Plan. The first AnnualPrevention and Early Intervention Report is due nolater than December 30, 2017 and each subsequentreport is due no later than December 30th everyyear thereafter. The proposed amendment tosubsection (a) changes the due date of thesubsequent Annual Prevention and EarlyIntervention reports to be within 30 calendar daysof Board of Supervisors approval but no later thanJune 30th of the same fiscal year whichever occursfirst. The amendment also clarifies that the AnnualPrevention and Early Intervention Report is notdue in years in which a Three−Year Prevention andEarly Intervention Evaluation Report is due.

� The proposed amendment to paragraph (D) ofsubsection (b)(2) corrects an editing error byreplacing the word, “principles” with the word,“principals.”

� Existing law requires the Annual Prevention andEarly Intervention report to include the number ofindividuals with serious mental illness who arereferred to treatment. The proposed amendment tosubsection (b)(3)(B) clarifies the county’sreporting responsibility for the referrals to bereferrals to treatment that is provided, funded,administered, or overseen by county mentalhealth. The proposed amendment to subdivisions(b)(3) and (b)(4) also adds a provision that defines“referral.”

� Existing law requires the Annual Prevention andEarly Intervention report to include demographicinformation on individuals served in eachPrevention and Early Intervention Program. Theproposed new subdivision (c) specifies that forprograms that serve children and youth under 18years of age the demographic information is to becollected and reported only to the extent permittedby federal and state privacy and education laws.The proposed new subdivision (d) specifies that acounty is not required to collect demographicinformation from a minor younger than 12 years ofage.

� Existing law requires the Annual Prevention andEarly Intervention report to include demographicinformation on individuals served in each

Prevention and Early Intervention Program. Theproposed new subdivision (e) authorizes a countywith population under 100,000 according to themost recent projection by the California StateDepartment of Finance to report the demographicinformation for the county’s entire Prevention andEarly Intervention Component instead of for eachPrevention and Early Intervention Program orStrategy.

Section 3560.020

� Existing law requires the Three−Year Preventionand Early Intervention Evaluation report to besubmitted to the Commission on or beforeDecember 30th as part of the county’s Three−YearProgram and Expenditure Plan. The firstThree−Year Prevention and Early InterventionEvaluation Report is due no later than December30, 2018 and the subsequent reports are due everythird year thereafter. The proposed amendment tosubsection (a) authorizes the Three−YearPrevention and Early Intervention EvaluationReport to also be submitted as part of an AnnualUpdate and changes the due date of the first Reportto be within 30 calendar days of Board ofSupervisors approval but no later than June 30,2019. The proposed amendment also changes thedue date of the subsequent Three−Year Preventionand Early Intervention report to be within 30calendar days of Board of Supervisors approvalbut no later than June 30 every third year.

Section 3705

� Existing law requires a county to include in itsPrevention and Early Intervention Componentfive specified Programs. The proposedamendment to subdivision (a)(4) provides aprocedure for a county with a population under100,000 according to the most recent projection bythe California State Department of Finance to optout of the requirement to have an Access andLinkage to Treatment Program, one of those fiverequired Programs. The proposed amendment toadd subdivision (c) authorizes a county with apopulation under 100,000 according to the mostrecent projection by the California StateDepartment of Finance to combine and/orintegrate the five required Programs. Theproposed amendment also specifies that a countycannot utilize both the opt out provision and theprovision to combine and/or integrate programs.


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Section 3726

� Existing law defines an Access and Linkage toTreatment Program broadly enough to includereferrals to medically necessary care andtreatment outside of the county mental healthsystem such as services provided by privateinsurers. The proposed amendment to subdivision(b), consistent with the proposed amendment to(b)(3)(B) of Section 3560.010, clarifies thecounty’s reporting responsibility for the referralsto care and treatment that is provided, funded,administered, or overseen by county mental healthprograms.

� Existing law requires an Access and Linkage toTreatment Program to be included in thePrevention and Early Intervention Component.The proposed amendment authorizes a county tofund the Access and Linkage to TreatmentProgram through other Mental Health ServicesAct component.

Section 3735

� Existing law contains a definition of Access andLinkage to Treatment Strategy that is parallel tothe definition of Access and Linkage to TreatmentProgram. The proposed amendment tosubdivision (a)(1) amends the definition of Accessand Linkage to Treatment Strategy to conformwith the changes in the definition of Access andLinkage to Treatment Program in subdivision (b)of Section 3726.

Section 3750

� Existing law requires a county to track andmeasure specific information regarding referralsmade in each Access and Linkage to TreatmentProgram and Strategy and in each Strategy andProgram to Improve Timely Access to Services forUnderserved Populations. The proposedamendments to subdivisions (f) and (g) provide across−reference to the newly proposed definitionof “referral” in Section 3560.010.

� Existing law requires a county to track andmeasure each of the five specified Programsindividually. Existing law requires a county toselect, define, and measure appropriate indicatorsthat are applicable to each Program. The proposedamendment adds new subdivision (k) to providean alternate evaluation requirement for a countythat chases to combine and/or integrate the fivePrograms under the new proposed amendment toSection 3705. The proposed new subdivision (k)

requires the county to select, define, and measureappropriate indictors to evaluate the reduction ofthe negative outcomes referenced in Welfare andInstitutions Code section 5840, subdivision (d).

Section 3755

� Existing law requires a county to provide specificinformation in its Prevention and EarlyIntervention Component of the Three−YearProgram and Expenditure Plan and AnnualUpdate about each of the required five Programs.The proposed amendments provide an alternatelist of information that a county that choses tocombine and/or integrate the five Programs underthe new proposed amendment to Section 3705must include.

This Informative Digest accompanies the proposedregulations to amend 8 regulations located in the Cali-fornia Code of Regulations Title 9, Division 1, Chapter14, Article 5, Reporting Requirements and Article 7,Prevention and Early Intervention.

POLICY STATEMENT OVERVIEW ANDANTICIPATED BENEFITS OF PROPOSAL

This regulatory proposal, amending sections of thePrevention and Early Interventions regulations, firstpromulgated in 2015, helps to ensure that California’scounty behavioral health agencies, the entities respon-sible to comply with the regulations issued in 2015, arebetter able to comply with those regulatory require-ments. The initial regulations provided for the first timestatewide consistency and conformity in the adminis-tration and reporting of program data and evaluationthat enables the MHSOAC to conduct more effectiveoversight and evaluation of the programs. Better com-pliance with the regulations ultimately will help to in-crease the quality of mental health services programs.

CONSISTENCY AND COMPATIBILITY WITHEXISTING STATE REGULATIONS

During the process of developing these amendmentsthe Commission conducted research on other possiblerelated regulations in this area (Mental Health ServicesAct Prevention and Early Intervention) and has con-cluded that the Prevention and Early Intervention regu-lations promulgated in 2015 by the Commission are theonly regulations in this area and that these proposedamendments to those regulations are neither inconsis-tent nor incompatible with any existing stateregulations.


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MATERIAL UPON WHICH THE COMMISSIONRELIES IN PROPOSING THE

RULEMAKING ACTION

Mental Health Services and Accountability Commis-sion. (November 2016). “Finding Solutions: HelpingCounties Comply with Regulations Governing Innova-tion Projects and Prevention and Early InterventionPrograms under the Mental Health Services Act.”


The Commission has made the following initialdeterminations:

Mandate on local agencies and school districts: None.Proposition 63 created the Mental Health Services

Fund, which is directly distributed to California coun-ties to fund the MHSA programs. The county, through acommunity program planning process, determines,based on available unspent funds, what services to fundwith the Mental Health Services Fund.

Costs or savings to any state agency: None.Cost to any local agency or school district, which

must be reimbursed in accordance with GovernmentCode sections 17500 through 17630: None.


Significant effect on housing costs: None.Fiscal impact on public agencies including costs or

savings to state agencies or costs/savings in federalfunding to the state: None.

Significant, statewide adverse economic impact di-rectly affecting business including the ability of Cali-fornia businesses to compete with businesses in otherstates: None.

Results of the economic impact assessment/analysis:The Commission concludes that these amendments tothe existing regulations:� Would not have a significant, statewide adverse

economic impact directly affecting business,including the ability of California businesses tocompete with businesses in other states becausethe regulatory proposal is directed to CountyMental Health Departments.

� Would not have a significant impact on thecreation of jobs or new businesses or theelimination of jobs or existing businesses or affectthe expansion of businesses currently doingbusiness in the State of California because. CountyMental Health Departments, the entitiesresponsible to comply with this regulatory

proposal, already have Prevention and EarlyIntervention programs in place.

� Would benefit the health and welfare of Californiaresidents, worker safety, and the state’senvironment by increasing the quality of mentalhealth services and thus benefiting the health,safety, and welfare of California residents,including those with unidentified serious mentalillness; the larger number with unaddressed risk ofor early onset of a potentially serious mentalillness; and the still larger number of friends,colleagues, loved ones, and the many servicesectors that are adversely affected byunrecognized, unaddressed, and untreated mentalillness.

Cost impacts on a representative private person orbusinesses: The Commission is not aware of any costimpacts that a representative private person or businesswould necessarily incur in reasonable compliance withthe proposed action.

Small Business Determination: The proposedamendments to the Prevention and Early Interventionregulations would not affect small businesses as theseamendments only affect County Mental Health Depart-ments and they already have Prevention and Early In-tervention programs in place.


In accordance with Government Code section11346.5, subdivision (a)(13), the Commission must de-termine that no reasonable alternative considered by theCommission or brought to its attention would be moreeffective in carrying out the purpose for which this ac-tion is proposed, or would be as effective and less bur-densome to affected private persons than the proposedaction described in this Notice, or would be more cost−effective to affected private persons and equally effec-tive at implementing the statutory policy or other provi-sion of law.

The Commission invites interested persons to presentstatements or arguments with respect to alternatives tothe proposed amendments to the regulations at thescheduled hearing or during the written commentperiod.

CONTACT PERSONS

Inquiries concerning the proposed administrative ac-tion may be directed to Kayla Landry and back−up con-tact person, Filomena Yeroshek at the Mental HealthOversight and Accountability Commission, 1325 J St.,Suite 1700 Sacramento, CA 95814; (916) 445−8696.


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AVAILABILITY OF INITIAL STATEMENT OFREASONS, TEXT OF PROPOSED

REGULATIONS, AND RULEMAKING FILE

The Commission will have the entire rulemaking fileavailable for inspection and copying throughout therulemaking process at the Commission office at 1325 JSt., Suite 1700, Sacramento, CA 95814. As of the datethis notice is published in the Notice Register, the rule-making file consists of copies of the exact language ofthe proposed amendments to the regulations, the InitialStatement of Reasons, and all of the information uponwhich the proposal is based. Please direct requests forcopies of the proposed text of the amendments to thePrevention and Early Intervention regulations, the Ini-tial Statement of Reasons, or other information uponwhich the rulemaking is based to Ms. Kayla Landry atthe above address.

Following the public comment period the Commis-sion may thereafter adopt the proposed amendments tothe regulations substantially as described or may modi-fy the proposed amendments if the modifications aresufficiently related to the original text. With the excep-tion of technical or grammatical changes, the full text ofany modified proposed amendment to the regulationswill be available for 15 days prior to its adoption fromthe person designated in this Notice as contact personand will be mailed to those persons who submit writtencomments related to this proposal, or who provide oraltestimony at the public hearing or who have requestednotification of any changes to the proposed regulations.


Upon its completion, copies of the Final Statement ofReasons may be viewed and downloaded from theCommission’s website at www.mhsoac.ca.gov or bycontacting Ms. Landry at the above address.


Copies of the Notice of Proposed Action, the InitialStatement of Reasons, and the text of the amendmentsto the PEI regulations in underline and strikeout can beaccessed through the Commission’s website atwww.mhsoac.ca.gov.

TITLE 13. AIR RESOURCES BOARD

NOTICE OF PUBLIC HEARING TOCONSIDER PROPOSED AMENDMENTS TOCALIFORNIA EVALUATION PROCEDURES

FOR NEW AFTERMARKETCATALYTIC CONVERTERS

The Air Resources Board (ARB or Board) will con-duct a public hearing at the time and place noted belowto consider approving for adoption the proposedamendments to “California Evaluation Procedures forNew Aftermarket Catalytic Converters.”

DATE: September 28, 2017TIME: 9:00 a.m.LOCATION: California Environmental

Protection Agency Air Resources BoardByron Sher Auditorium1001 I StreetSacramento, California 95814

This item may be considered at a two−day meeting ofthe Board, which will commence at 9:00 a.m., Septem-ber 28, 2017, and may continue at 8:30 a.m., on Septem-ber 29, 2017. This item is scheduled to be heard on theBoard’s Consent Calendar. All agenda items on theConsent Calendar — unless removed upon the requestof a Board member or if someone in the audience sub-mits a request to speak card on that item — will be votedon by the Board at the beginning of the public meeting.

WRITTEN COMMENT PERIOD ANDSUBMITTAL OF COMMENTS

Interested members of the public may present com-ments orally or in writing at the hearing and may pro-vide comments by postal mail or by electronic submittalbefore the hearing. The public comment period for thisregulatory action will begin on August 11, 2017. Writ-ten comments not physically submitted at the hearingmust be submitted on or after August 11, 2017, and re-ceived no later than 5:00 p.m. on September 25,2017. ARB requests that, when possible, written andemail statements be filed at least ten days before thehearing to give ARB staff and Board members addition-al time to consider each comment. The Board also en-courages members of the public to bring to the attentionof staff in advance of the hearing any suggestions formodification of the proposed regulatory action. Com-ments submitted in advance of the hearing must be ad-dressed to one of the following:

Postal mail: Clerk of the Board, Air ResourcesBoard 1001 I Street, Sacramento, California 95814


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Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php.

Please note that under the California Public RecordsAct (Gov. Code, § 6250 et seq.), your written and oralcomments, attachments, and associated contact infor-mation (e.g., your address, phone, etc.) become part ofthe public record and can be released to the public uponrequest.

Additionally, the Board requests but does not requirethat persons who submit written comments to the Boardreference the title of the proposal in their comments tofacilitate review.


This regulatory action is proposed under the authoritygranted in California Health and Safety Code, sections39600, 39601, 43000, 43000.5, 43011, and 43107; andsections 27156, 38391 and 38395, California VehicleCode. This action is proposed to implement, interpret,and make specific California Health and Safety Code,sections 39002, 39003, 39500, 43000, 43000.5,43009.5, 43011, 43013, 43018, 43107, 43204, 43205,43205.5; and sections 27156, 38391 and 38395, Cali-fornia Vehicle Code.

INFORMATIVE DIGEST OF PROPOSED ACTIONAND POLICY STATEMENT OVERVIEW

(GOV. CODE, § 11346.5, subd. (a)(3))

Section Affected: Proposed amendment to Califor-nia Code of Regulations, title 13, section 2222 and tothe “California Evaluation Procedures for New After-market Catalytic Converters,” as adopted October 25,2007, incorporated by reference therein.Background and Effect of the Proposed RegulatoryAction:

State law generally prohibits the installation, sale, of-fer for sale, or advertisement of emission−related partsfor motor vehicles that are not functionally identical tothose installed by the original equipment manufacturer(OEM). However, California regulations allow new af-termarket catalytic converters to be used on older vehi-cles operating within California provided that theycomply with established performance requirements.These performance requirements balance the continuedneed for controlling emissions from motor vehicles asthey age against the cost of replacing catalytic convert-ers on vehicles that often have a limited remaining life-time and relatively low marketplace value.

In 2007, when California’s current aftermarket cat-alytic converter regulations were adopted, light− andmedium−duty vehicles sold in this state were requiredto certify to the Low−Emission Vehicle (LEV) II emis-

sion standards. However, in 2012, ARB adopted thenext generation LEV III regulations. The LEV III regu-lations vehicles reduce emissions beyond thoseachieved by LEV II by establishing more stringent ve-hicle emission standards, which are phased−in begin-ning with the 2015 model year (LEV III also providedan option for early certification to these standards inmodel year 2014.).

Accordingly, staff is proposing amendments to theprocedures it uses to evaluate and approve aftermarketcatalytic converters designed for use on California pas-senger cars and trucks. These amendments would in-corporate LEV III standards and test procedures to al-low for anti−tampering exemption of aftermarket cat-alytic converters for sale and installation on LEV IIIvehicles.

ARB may also consider other changes to the sectionaffected during the course of this rulemaking process.

Objectives and Benefits of the Proposed RegulatoryAction:

The objective of this rulemaking is to provide manu-facturers of aftermarket catalytic converters with a pro-cedure for demonstrating that LEV III vehicles are ca-pable of complying with the emission standards towhich the vehicles were certified while equipped with aqualifying catalytic converter. Manufacturers who areable to demonstrate the capability of their aftermarketcatalytic converters to preserve the benefits of Califor-nia’s emissions control standards would then be al-lowed to sell and install certified aftermarket catalyticconverters on LEV III vehicles in California.

The LEV III regulations phase−in for new passengercars and trucks up to 14,000 pounds gross vehicleweight. Starting in 2020, no new vehicles of these typeswill be allowed to be sold in California unless they meetLEV III emission standards, Since the current aftermar-ket catalytic converter evaluation procedures do not ap-ply to LEV III vehicles, businesses that produce and sellaftermarket catalytic converters will lose an increasingportion of market share as the vehicle fleet transitions toLEV III vehicles without the proposed amendments tothese procedures. Eventually, many of these companiesare likely to be adversely impacted unless they are ableto replace this lost income with other sources of income.These amendments will enable affected businesses toproduce and sell aftermarket catalytic converters foruse on LEV III vehicles if they find it to be economical-ly advantageous. The required production quality con-trol and warranty reporting procedures for these busi-nesses will not be affected by these amendments.

In terms of California consumers, this regulatory ac-tion will give consumers that need to replace a catalyticconverter on their vehicles the option of purchasing anaftermarket catalytic converter rather than an OEM cat-


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alytic converter. Since the price of an OEM catalyticconverter is often $500 to $1,000 higher than an after-market catalytic converter, the proposed regulatory ac-tion will save consumers money, while preservingemission benefits.

To support development of this proposal, ARB staffheld a public Webinar Workshop on August 24, 2016, toobtain input from industry and other stakeholders on theproposed changes to the “California Evaluation Proce-dures for New Aftermarket Catalytic Converters.” Thenotice for this workshop also provided contact informa-tion for stakeholders who were interested in schedulingindividual meetings to discuss these proposed changes.No comments or questions were received on the pro-posed changes, and no stakeholders requested to meetwith staff individually. Therefore, no further work-shops or meetings were conducted.Comparable Federal Regulations:

There are no comparable federal regulations, al-though the United States Environmental ProtectionAgency (U.S. EPA) has addressed the subject of after-market catalytic converters by issuing an interim en-forcement policy in 1986. The policy permits the sale ofaftermarket converters provided they meet conversionefficiencies of at least 70 percent for hydrocarbons andcarbon monoxide, and 30 percent for oxides of nitro-gen. Some procedural differences currently exist; forexample, ARB’s regulation requires converter manu-facturers to demonstrate compliance with its require-ments before an approval is issued, whereas the federalrequirements permit manufacturers to self−determinecompliance. Since issuing its enforcement policy, U.S.EPA has thus far decided not to issue regulations specif-ic to aftermarket catalytic converters, and has not an-nounced any plans to do so in the near future.An Evaluation of Inconsistency or Incompatibilitywith Existing State Regulations (Gov. Code,§ 11346.5, subd. (a)(3)(D)):

During the process of developing the proposed regu-latory action, ARB conducted a search of any similarregulations on this topic and concluded these regula-tions are neither inconsistent nor incompatible with ex-isting state regulations. The purpose of this rulemakingis to incorporate aftermarket catalytic converters forLEV III vehicles into California’s existing regulatoryframework.

MANDATED BY FEDERAL LAWOR REGULATIONS

(Gov. Code, §§ 11346.2, subd. (c), 11346.9)

This regulation is not mandated by federal law orregulations.

DISCLOSURE REGARDING THEPROPOSED REGULATION

Fiscal Impact/Local Mandate DeterminationRegarding the Proposed Action (Gov. Code,§ 11346.5, subds. (a)(5)&(6)):

The determinations of the Board’s Executive Officerconcerning the costs or savings incurred by publicagencies and private persons and businesses in reason-able compliance with the proposed regulatory actionare presented below.

Under Government Code sections 11346.5, subdivi-sion (a)(5) and 11346.5, subdivision (a)(6), the Execu-tive Officer has determined that the proposed regulato-ry action would not create costs or savings to any Stateagency or in federal funding to the State, costs or man-date to any local agency or school district, whether ornot reimbursable by the State under Government Code,title 2, division 4, part 7 (commencing with section17500), or other nondiscretionary cost or savings toState or local agencies.Housing Costs (Gov. Code, § 11346.5,subd. (a)(12)):

The Executive Officer has also made the initial deter-mination that the proposed regulatory action will nothave a significant effect on housing costs.Significant Statewide Adverse Economic ImpactDirectly Affecting Business, Including Ability toCompete (Gov. Code, §§ 11346.3, subd. (a), 11346.5,subd. (a)(7), 11346.5, subd. (a)(8)):

The Executive Officer has made an initial determina-tion that the proposed regulatory action would not havea significant statewide adverse economic impact direct-ly affecting businesses, including the ability of Califor-nia businesses to compete with businesses in otherstates, or on representative private persons.Statement of the Results of the Economic ImpactAnalysis/Assessment (Gov. Code, § 11346.5, subd.(a)(10)):Effect on Jobs/Businesses:

The Executive Officer has determined that a few jobsmay be created by manufacturers and marketers of af-termarket catalytic converters within the State of Cali-fornia due to the proposed regulatory action. It wouldnot affect the creation of new businesses or eliminationof existing businesses within the State of California, orthe expansion of businesses currently doing businesswithin the State of California. A detailed assessment ofthe economic impacts of the proposed regulatory actioncan be found in the Economic Impact Analysis in theStaff Report: Initial Statement of Reasons (ISOR).Benefits of the Proposed Regulation:

The objective of the proposed regulatory action is togive consumers that need to replace a catalytic convert-er on their vehicles the option of purchasing an after-


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market catalytic converter rather than an OEM catalyticconverter.

A summary of these benefits is provided; please referto “Objectives and Benefits,” under the Informative Di-gest of Proposed Action and Policy Statement Over-view Pursuant to Government Code 11346.5(a)(3).Business Report (Gov. Code, §§ 11346.5, subd.(a)(11); 11346,3, subd. (d)):

In accordance with Government Code sections11346.5, subdivision (a)(11) and 11346.3, subdivision(d), the Executive Officer finds the reporting require-ments of the proposed regulatory action which apply tobusinesses are necessary for the health, safety, and wel-fare of the people of the State of California, for the rea-sons set forth in the Objectives and Benefits sectionabove.Cost Impacts on Representative Private Persons orBusinesses (Gov. Code, § 11346.5, subd. (a)(9)):

In developing this regulatory proposal, ARB staffevaluated the potential economic impacts on represen-tative private persons or businesses. No manufacturer isforced to participate and only those which determine itis in the best financial interest of the company are ex-pected to do so. If no manufacturers participate, theseamendments have no cost; if all seven manufacturerschoose to participate, then incurred costs will averagedapproximately $1.4 million annually. Staff estimatesthat approximately 110,000 LEV III aftermarket cat-alytic converters will be sold to the consumer during the5−year life of the regulation at an average additionalprice of $75 per catalytic converter when compared tothe average price of a LEV III aftermarket catalytic con-verter. This would result in the total statewide costs of$8.25 million over the 5−year life of the regulation, ofwhich $6.9 million will be the production cost and $1.4million will be manufacturers’ profit. The affectedmanufacturers are expected to be able to recover theircost along with a 20 percent mark−up because theirproduct prices will still be significantly below theOEM’s product prices.

The price of an OEM catalytic converter is often $500to $1,000 higher than an aftermarket catalytic convert-er. Therefore, based on staff’s estimate that approxi-mately 22,000 LEV III converters will be sold annually,the avoided cost (savings) for California customers toreplace defective catalytic converters would be be-tween $55 million to $110 million, or $83 million on av-erage, during the 5−year life of the regulation.Effect on Small Business (Cal. Code Reds., tit. 1, § 4,subds. (a) and (b)):

The Executive Officer has also determined underCalifornia Code of Regulations, title 1, section 4, thatthe proposed regulatory action would affect small busi-nesses. However, the Board has not identified any alter-

natives that would lessen any adverse impact on smallbusiness. This is the best alternative for small business-es, because the proposed amendments are voluntaryand only impose minimal costs on these businesses ifthey choose to participate. Alternatively, the proposedamendments benefit small businesses by enabling themto continue selling aftermarket catalytic converters asalternatives to OEM catalytic converters as the vehiclefleet transitions from LEV II vehicles to LEV III vehi-cles. These small businesses are expected to pass on thecosts to the consumer at a 20 percent mark−up becausetheir product prices will still be significantly below theOEMs’ product prices.Alternatives Statement (Gov. Code, § 11346.5, subd.(a)(13)):

Before taking final action on the proposed regulatoryaction, the Board must determine that no reasonable al-ternative considered by the Board, or that has otherwisebeen identified and brought to the attention of theBoard, would be more effective in carrying out the pur-pose for which the action is proposed, would be as ef-fective and less burdensome to affected private personsthan the proposed action, or would be more cost−effective to affected private persons and equally effec-tive in implementing the statutory policy or other provi-sions of law.

ENVIRONMENTAL ANALYSIS

ARB, as the lead agency under the California Envi-ronmental Quality Act (CEQA), has reviewed the pro-posed regulation and concluded that this is exempt pur-suant to CEQA Guidelines §15061(b)(3) because it canbe seen with certainty that there is no possibility that theproposed action may result in significant adverse im-pact on the environment. A brief explanation of the ba-sis for reaching this conclusion is included in Chapter Vof the Initial Statement of Reasons.

SPECIAL ACCOMMODATION REQUEST

Consistent with California Government Code Sec-tion 7296.2, special accommodation or language needsmay be provided for any of the following:� An interpreter to be available at the hearing;� Documents made available in an alternate format

or another language; and� A disability−related reasonable accommodation.

To request these special accommodations or lan-guage needs, please contact the Clerk of the Board at(916) 322−5594 or by facsimile at (916) 322−3928 assoon as possible, but no later than ten business days be-fore the scheduled Board hearing. TTY/TDD/Speech toSpeech users may dial 711 for the California Relay Ser-vice.


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Consecuente con la sección 7296.2 del Código deGobierno de California, una acomodación especial onecesidades lingüísticas pueden ser suministradas paracualquiera de los siguientes:� Un intérprete que esté disponible en la audiencia;� Documentos disponibles en un formato alterno u

otro idioma; y� Una acomodación razonable relacionados con una

incapacidad.Para solicitar estas comodidades especiales o necesi-

dades de otro idioma, por favor llame a la oficina delConsejo al (916) 322−5594 o envíe un fax a (916)322−3928 lo más pronto posible, pero no menos de 10días de trabajo antes del día programado para la audien-cia del Consejo. TTY/TDD/Personas que necesiten esteservicio pueden marcar el 711 para el Servicio de Re-transmisión de Mensajes de California.

AGENCY CONTACT PERSONS

Inquiries concerning the substance of the proposedregulatory action may be directed to the agency repre-sentative Mr. Tony Martino, Manager, AftermarketParts Section, at (626) 575−6848 or (designated back−up contact) Mr. Richard Carranza, Air Resources Engi-neer, Aftermarket Parts Section, at (626) 450−6111.

AVAILABILITY OF DOCUMENTS

ARB staff has prepared a Staff Report: Initial State-ment of Reasons (ISOR) for the proposed regulatory ac-tion, which includes a summary of the economic andenvironmental impacts of the proposal. The report is en-titled: “Public Hearing to Consider the ProposedAmendments to California Evaluation Procedures forNew Aftermarket Catalytic Converters.”

Copies of the ISOR and the full text of the proposedregulatory language, in underline and strikeout formatto allow for comparison with the existing regulations,may be accessed on ARB’s website listed below or maybe obtained from the Public Information Office, Air Re-sources Board, 1001 I Street, Visitors and Environmen-tal Services Center, First Floor, Sacramento, California,95814, (916) 322−2990, on August 8, 2017.

Further, the agency representative to whom nonsub-stantive inquiries concerning the proposed administra-tive action may be directed is Mr. Bradley Bechtold,Regulations Coordinator, (916) 322−6533. The Boardstaff has compiled a record for this rulemaking action,which includes all the information upon which the pro-posal is based. This material is available for inspectionupon request to the contact persons.

HEARING PROCEDURES

The public hearing will be conducted in accordancewith the California Administrative Procedure Act,Government Code, title 2, division 3, part 1, chapter 3.5(commencing with section 11340).

Following the public hearing, the Board may take ac-tion to approve for adoption the regulatory language asoriginally proposed or with non−substantial or gram-matical modifications. The Board may also approve foradoption the proposed regulatory language with othermodifications if the text as modified is sufficiently re-lated to the originally proposed text that the public wasadequately placed on notice and that the regulatory lan-guage as modified could result from the proposed regu-latory action. If this occurs, the full regulatory text, withthe modifications clearly indicated, will be made avail-able to the public, for written comment, at least 15 daysbefore final adoption.

The public may request a copy of the modified regu-latory text from ARB’s Public Information Office, AirResources Board, 1001 I Street, Visitors and Environ-mental Services Center, First Floor, Sacramento, Cali-fornia, 95814, (916) 322−2990.

FINAL STATEMENT OFREASONS AVAILABILITY

Upon its completion, the Final Statement of Reasons(FSOR) will be available and copies may be requestedfrom the agency contact persons in this notice or may beaccessed on ARB’s website listed below.

INTERNET ACCESS

This notice, the ISOR and all subsequent regulatorydocuments, including the FSOR, when completed, areavailable on ARB’s website for this rulemaking athttp://www.arb.ca.gov/regact/2017/amcat2017/amcat2017.htm .

TITLE 13. CALIFORNIA HIGHWAYPATROL

CALIFORNIA CODE OF REGULATIONSDIVISION 2, CHAPTER 6.5, ARTICLE 6,

ADD SECTION 1294

CHILD SAFETY ALERT SYSTEMS(CHP−R−2017−05)

In compliance with the requirements of Section28160 of the California Vehicle Code (CVC), the Cali-fornia Highway Patrol (CHP) proposes to adopt Title


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13, California Code of Regulations (CCR) Section1294 establishing necessary specifications, installationand use of Child Safety Alert Systems (CSAS).


As a result of the tragic loss of life of a pupil left onboard a school bus unattended, Senate Bill 1072 (Men-doza, Chapter 721, Statute of 2016), known as the PaulLee Schoolbus Safety Law was enacted. The purpose ofthe law is to ensure no pupil is left unattended on board aschool bus, school pupil activity bus (SPAB), youth bus(YB), or child care vehicle, and to provide specific pro-cedures and driver discipline in the case of gross negli-gence in doing so. Each of the above outlined vehicles,unless otherwise excepted, must be equipped withCSAS on or before the beginning of the 2018−2019school year.

The required CSAS is a device, located at the rear ofthe interior of the bus, which requires the driver to man-ually contact or scan the device prior to exiting the vehi-cle, in order to prompt the driver to inspect the interiorof the vehicle before exiting. Additionally, on or beforeJanuary 1, 2018, the CHP must adopt regulations re-garding the specifications, installation, and use ofCSAS.

Title 13, CCR, Division 2, Chapter 6.5, Article 6,Section 1294 is added to provide the necessary specifi-cations, installation and use of the CSAS pursuant toSection 28160 CVC. The section provides clarity as towhen all school buses, SPAR, YB and child care vehi-cles must be equipped with a CSAS to provide the basisfor the determination of compliance with implementa-tion date requirements. This section specifies the cir-cumstances under which the CSAS is required to be-come activated and prohibits any method of deactiva-tion except as provided. This section specifies the warn-ing requirements applicable to the CSAS, consisting ofa tone, flashing light or both. This section further speci-fies CSAS warning initiation requirements. This sec-tion serves to specify interior lighting requirements as-sociated with operation of the CSAS and provides alighting requirement alternative. This section clarifiesCSAS operational requirements under specified condi-tions and requires documentation and notification ofany CSAS failure.

After conducting an evaluation, the CHP has deter-mined this is the only regulation concerning CSAS.Therefore, the proposed regulations are neither incon-sistent nor incompatible with existing state regulations.Anticipated Benefits of Proposed Regulation

This proposed regulatory action will provide a bene-fit to the protection and safety of pupils transported on

specified school buses by requiring the necessary speci-fications, installation and use of the CSAS necessary toensure that a pupil is not left unattended on a school bus.

PUBLIC COMMENTS

Interested persons may submit written comments onthese proposed actions via facsimile to (916) 322−3154,by electronic mail to [email protected], or by writingto:

California Highway PatrolEnforcement and Planning DivisionCommercial Vehicle SectionAttention: Officer Joseph MosinskiP.O. Box 942898Sacramento, CA 94298−0001

Written comments will be accepted until 5:00 pm. onSeptember 25, 2017.

No public hearing has been scheduled. If any persondesires a public hearing, a written request must be re-ceived by the CHP, Commercial Vehicle Section(CVS), no later than 15 days prior to the close of thewritten comment period.

AVAILABILITY OF INFORMATION

The CHP has available for public review an InitialStatement of Reasons for the proposed regulatory ac-tion, the information upon which this action is based(the rulemaking file), and the proposed regulation text.Requests to review or receive copies of this informationshould be directed to the CHP at the above address, byfacsimile to (916) 322−3154, or by calling the CHP,CVS, at (916) 843−3400. All requests should includethe following information: the title of the rulemakingpackage, the requester’s name, proper mailing address(including city, state, and zip code), and a daytime tele-phone number in case the requester’s information is in-complete or illegible.

The rulemaking file is available for inspection atCHP, CVS, 601 North 7th Street, Sacramento, CA95811. Interested parties are advised to call for an ap-pointment.

All documents regarding the proposed action are alsoavailable through the CHP’s website at https:/ /www.chp.ca.gov/News−Alerts/Regulatory−Actions.

Any substantial changes to the original proposal willbe available for at least 15 days prior to the CHP adopt-ing this resulting regulation.

Any person desiring to obtain a copy of the adoptedtext and a final statement of reasons may request them atthe above noted address. Copies will also be posted onthe CHP’s website.


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CONTACT PERSON

Any inquiries concerning the written materials per-taining to the proposed regulations, or questions regard-ing the substance of the proposed regulations, should bedirected to Officer Joseph Mosinski or Mr. Cullen Sis-skind, CHP, CVS at (916) 843−3400.

ADOPTION OF PROPOSED REGULATIONS

After consideration of public comments, the CHPmay adopt the proposal substantially as set forth with-out further notice. If the proposal is modified prior toadoption and the change is not solely grammatical ornon−substantive in nature, the full text of the resultingregulation, with the changes clearly indicated, will bemade available to the public for at least 15 days prior tothe date of adoption.


The CHP has made the following initialdeterminations:

Mandate on local agencies and school districts: Theseregulations will impose new mandates upon local agen-cies or school districts who operate school buses as re-quired per 28160 CVC.

Cost or savings to any state agency: None.Cost to any local agency or school district which must

be reimbursed in accordance with Government Codesections 17500 through 17630: None.


Cost or savings in federal funding to the state: None.Cost impacts on a representative private person or

business: The CHP estimates there are approximately24,000 school buses required to be retrofitted with theCSAS. The CHP contacted various vendors to receivean approximate cost needed to purchase and installCSAS in a school bus. The estimates for the CSASranged from $1115.00 − $1250.00 depending on vehicleconfiguration and vendor. With the total number ofschool buses estimated and the approximate cost perCSAS unit installed, the CHP estimates the overall fis-cal impact to the school bus industry would range from$26.8 to $30 million.

It is anticipated there will be a positive economic im-pact to small businesses that retrofit existing modifiedschool buses and to businesses that sell and install therequired CSAS.

Statewide adverse economic impact directly affect-ing business and individuals: Although the proposedaction will directly affect businesses statewide, includ-

ing small businesses, the CHP concludes that the ad-verse economic impact, including the ability of Califor-nia businesses to compete with businesses in otherstates, will not be significant.

Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACTANALYSIS/ASSESSMENT

The CHP concludes this proposed regulatory action:(1) is unlikely to eliminate any jobs in the State of Cali-fornia; (2) is unlikely to create additional jobs in theState of California; (3) is unlikely to result in the elimi-nation of existing businesses, nor create or expand busi-nesses in the state of California; (4) will provide a non-monetary benefit to the protection and safety of pupilstransported on specified school buses by requiring thenecessary specifications, installation and use of theCSAS necessary to ensure that a pupil is not left unat-tended on a school bus. The regulated community is en-couraged to respond during the comment period of thisregulatory process if significant impacts are identified.

EFFECT ON SMALL BUSINESSES

The CHP has not identified any significant adverseeffect on small businesses. The proposed regulations donot increase any requirements upon any small business-es. Businesses subject to state jurisdiction are currentlyrequired to comply with 28160 CVC. The adoption ofthis section merely provides a regulatory basis to createthe necessary specifications, installation and use ofCSAS and establishes a performance based selectionsystem.


In accordance with Section 11346.5(a)(13) of theGovernment Code, the CHP must determine that no rea-sonable alternative it considered or has otherwise beenidentified and brought to its attention would be more ef-fective in carrying out the purpose for which the actionis proposed, would be as effective and less burdensometo affected private persons than the proposed action, orwould be more cost−effective to affected private per-sons and equally effective in implementing the statuto-ry policy or other provision of law. The CHP invites in-terested parties to present statements or arguments withrespect to alternatives to the proposed regulations dur-ing the written comment period.

AUTHORITY

This regulatory action is being taken pursuant to Sec-tion 28160 CVC.


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REFERENCE

This action implements, interprets and/or makes spe-cific Sections 34506, and 28160 CVC.

TITLE 14. BOARD OF FORESTRYAND FIRE PROTECTION

“Oak Woodland Management Exemption, 2017”

Title 14 of the California Code of Regulations (14 CCR),

Division 1.5, Chapter 4: Subchapter 7, Article 2Amend: § 1038

NATURE OF PROCEEDING

Notice is hereby given that the California State Boardof Forestry and Fire Protection (Board) is proposing totake the action described in the Informative Digest.

PUBLIC HEARING

The Board will hold a public hearing on Thursday,September 28th, 2017, at its regularly scheduled meet-ing commencing at 9:00 a.m., at Porterville Fire Station#2, 500 N. Newcomb Street, Porterville, CA 93257. Atthe hearing, any person may present statements or argu-ments, orally or in writing, relevant to the proposed ac-tion. The Board requests, but does not require, that per-sons who make oral comments at the hearing also sub-mit a written summary of their statements. Additional-ly, pursuant to Government Code (GOV)§ 11125.1(b), writings that are public records pursuantto GOV § 11125.1(a) and that are distributed to mem-bers of the state body prior to or during a meeting, per-taining to any item to be considered during the meeting,shall be made available for public inspection at themeeting if prepared by the state body or a member of thestate body, or after the meeting if prepared by some oth-er person.


Any person, or authorized representative, may sub-mit written comments relevant to the proposed regula-tory action to the Board. The written comment periodends at 5:00 p.m. on Monday, September 25, 2017.

The Board will consider only written comments re-ceived at the Board office by that time and those writtencomments received at the public hearing, includingwritten comments submitted in connection with oral

testimony at the public hearing. The Board requests, butdoes not require, that persons who submit written com-ments to the Board reference the title of the rulemakingproposal in their comments to facilitate review.

Written comments shall be submitted to the followingaddress:

Board of Forestry and Fire Protection Attn: Eric HedgeRegulations CoordinatorP.O. Box 944246Sacramento, CA 94244−2460

Written comments can also be hand delivered to thecontact person listed in this notice at the followingaddress:

Board of Forestry and Fire ProtectionRoom 1506−141416 9th Street Sacramento, CA 95814

Written comments may also be sent to the Board viafacsimile at the following phone number:

(916) 653−0989

Written comments may also be delivered via e−mailat the following address: [email protected]

AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14)

14 CCR § 1122 Note: Authority cited: Sections 4551,4553, 4584 and 4584.1, Public Resources Code. Refer-ence: Sections 4290, 4291, 4516, 4527, 4584, 4584.1and 4597, Public Resources Code; and EPIC v. Califor-nia Department of Forestry and Fire Protection andBoard of Forestry (1996) 43 Cal. App.4th 1011.


(pursuant to GOV § 11346.5 (a)(3) (A)−(D))

Pursuant to the Z’berg−Nejedly Forest Practice Actof 1973, Public Resources Code (PRC) § 4511, et seq.(FPA) the State Board of Forestry and Fire Protection(Board) is authorized to construct a system of forestpractice regulations applicable to timber managementon state and private timberlands.

PRC § 4551 requires the Board to adopt forest prac-tice rules and regulations to, among other things, “. . .assure the continuous growing and harvesting of com-mercial forest tree species and to protect the soil, air,fish and wildlife, and water resources.” Additionally,through PRC § 740 the Board shall determine, estab-lish, and maintain an adequate forest policy. Addition-


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ally, general policies for guidance of the Department ofForestry and Fire Protection (Department) shall be de-termined by the Board.

Pursuant to authority given to the Board in the FPA,the Board is proposing the following action to create the“Oak Woodland Management Exemption, 2017.” Theproposed action is in response to the passage of Assem-bly Bill (AB) 1958 (Wood), which chaptered and subse-quently amended specifically PRC § 4584(k). It was theintent of the legislature, under AB 1958, to give theBoard discretion on whether to exempt landownersfrom the plan preparation and submission requirements(PRC § 4581) and from the completion report andstocking report requirements (PRC §§ 4585 and 4587)of the FPA when engaged in timber operations thatmanage timberlands specifically for the growth, prolif-eration and perpetuation of California black oak (Quer-cus kelloggii) and Oregon white oak (Quercus gar-ryana) and their associated grasslands when specificconditions are met. Additionally, this exemption willhelp to clarify that the removal of conifers (Group ACommercial Species) from a stand of California blackand/or Oregon white oaks (Group B CommercialSpecies) is not a land conversion, as defined pursuant to14 CCR § 1100 et seq.

The authority to take the proposed action was al-lowed by Assembly Bill (AB) 1958 (Wood 2016), anddeveloped in response to the research showing thatconifers are encroaching on deciduous oak woodlandhabitats on the north and northwest regions of Califor-nia, specifically California black and Oregon white oakwoodlands, and reducing the distribution and viabilityof these hardwood stands. California black and Oregonwhite oak woodlands support high levels of biodiversi-ty, provide mast and habitat for wildlife species, and arehighly valued by Native Americans as cultural sites andby ranchers for their inherent quality as working land-scapes (Valachovic et al., 2015).

California black oak (Quercus kelloggii) occurs with-in the states of Oregon and California (Fryer 2007). It isa highly drought tolerant species of oak, and occurs inboth pure stands and scattered groves. California blackoak sprouts prolifically after trees are cut or burned(McDonald 1990) and their acorns, as a means of repro-duction, require bare mineral soil or light duff condi-tions with adequate solar radiation (Fryer 2007). Initial-ly shade−tolerant early in life, as they mature they be-come increasingly shade−intolerant, whereas maturetrees require full sun conditions (Fryer 2007). Histori-cally, California black oak stands adapted to frequentunderstory fires to help remove competing vegetation.

Oregon white oak (Quercus garryana) distributionranges through the states of California, Oregon andWashington, and into in British Columbia, Canada(Stein 2004). The tree can tolerate heavy clay soils and

drought and is commonly found on exposed south fac-ing slopes, inland valleys, and along flood plains (Stein1990−Silvics of NA). Oregon white oak can also growin conditions that are favorable to conifer species,where the somewhat slow−growing oak is easily out-competed by conifers that grow faster and taller, oftencrowding out this species in the absence of periodic fire(Stein 2004). Like the California black oak, Oregonwhite oak is classified as moderately intolerant to com-pletely shade−intolerant, historically relying on fre-quent understory fires to kill competing conifers, estab-lish favorable soil conditions for reproduction, andmaintain open−story conditions (Stein 2004).

Loss of these species to conifer encroachment hasbeen widespread and dramatic throughout their rangesin California and Oregon (UCANR 2017). It has beenthe consensus of the California research communitythat conifer encroachment has been directly linked toanthropogenic fire suppression and exclusion, and landconversion to other uses throughout the state (Cockinget al., 2015). During the past century, immediate sup-pression of fires has altered normal fire regimes, allow-ing shade−intolerant and fire dependent species such asCalifornia black and Oregon white oaks to decline inhealth, while shade−tolerant conifer species such asDouglas fir (Pseudotsuga menziesii) have thrived(Cocking et al., 2015). These deciduous oak species arefire adapted, depending on frequent, low to moderateintensity fires to prevent establishment of invadingfire−sensitive vegetation and supply conditions suitablefor regeneration (Fryer 2007, Cocking et al., 2015).Once conifers have been established in the understoryof the oaks, within 20−40 years the conifers gain canopydominance, eliminate sunlight, and lead to oak declineand death. Moreover, studies have shown as conifer en-croachment peaks, it sharply reduces the flammabilityof oak woodlands and associated grasslands, furtherperpetuating the reduction in fire return intervals whichhampers oak vitality (Cocking et al., 2015).

Because of these conditions and the economic andecological importance of these woodlands, stakehold-ers, such as the Buckeye Conservancy, the NorthcoastRegional Land Trust, UC Cooperative Extension re-searchers, and members of the public requested that theBoard consider a regulatory pathway for landowners tomanage for California black oak, Oregon white oak,and their associated communities. In response to thisconcern, and relying on the experience of the Boardmembers themselves, the Board proposed the “Whiteand Black Oak Woodland Management Special Pre-scription.” This special prescription allows for the de-velopment of a silvicultural prescription that “. . .shallbe designed to reduce water, light, and nutrient compe-tition from Group A species in order the promote thesustained viability of Oregon white oak and California


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black oak stands” (14 CCR § 913.4(f)) and must be pro-posed and approved within a Plan (14 CCR § 895.1).This rulemaking effort was approved and went into ef-fect on January 1, 2017.

Much of the distribution of California black and Ore-gon white oak woodlands in California are located onprivate land, and therefore fall under the authority of theCalifornia Forest Practice Rules (FPRs). Although thisspecial prescription attempted to resolve the problem ofconifer encroachment on California black and Oregonwhite oak woodlands, many private landowners andpublic stakeholders felt that it was prohibitively expen-sive as the special prescription required Plan submis-sion and adherence to stocking requirements. Further-more, the special prescription is generally directed atlater stages of conifer encroachment, allowinglandowners to harvest larger diameters of the encroach-ing conifers. A need was demonstrated that a low−costalternative to incentivize the management of Californiablack and Oregon white oak woodlands from encroach-ing smaller diameter conifers was necessary to imple-ment the intent of the FPA. The stakeholders and mem-bers of the public called upon their state AssemblymanDr. Jim Wood, who represents the 2nd Assembly Dis-trict that comprises Del Norte, Humboldt, Mendocino,Trinity and part of Sonoma County, to introduce legisla-tion allowing landowners to operate under an exemp-tion from the FPA, when managing for California blackoak and Oregon white oak species.

The culmination of Assemblyman Wood’s efforts, fu-eled by overwhelming amounts of research showing arapid decline in oak woodland distribution in the northand northwest regions of California, led AssemblymanWood after proposing Assembly Bill (AB) 1958 to re-mark that, “I am pleased that this measure has receivedsuch great support. Oak woodlands provide natural fuelbreaks and essential habitat for wildlife and livestock,however current laws are preventing landowners fromprotecting oaks that are threatened by encroachingconifers.” His efforts led to the ultimate passage of AB1958 by the legislature, which was approved by Gover-nor Edmund G. Brown, Jr. and filed with the Secretaryof State on September 24th, 2016. This assembly bill,among other things, led to the revision of PRC § 4584,adding subsection (k) that allows an exemption fromthe FPA when managing for California black and/orOregon white oak woodlands and specific conditionsare met.

The purpose of the proposed action is to make per-manent amendments to 14 CCR § 1038(e), and to addsubsection (l), creating the oak woodland managementexemption. This will make the FPRs congruent with themandate of an oak woodland management exemption(PRC § 4584(k)) that is required by statute.

The effect of the proposed action is to allow for tim-ber operations that manage specifically for Californiablack oak (Quercus kelloggii) and Oregon white oak(Quercus garryana) an exemption from the plan prepa-ration and submission requirements (PRC § 4581) andfrom the completion report and stocking report require-ments (PRC §§ 4585 and 4587) of the FPA when specif-ic requirements are met.

The benefit of the proposed action is to address theconcerns regarding the reduction and vitality of the Cal-ifornia black and Oregon white oak woodlands withinthe Northern and Coast Forest Districts (14 CCR§§ 906−909.1) of the State of California. A voluminousamount of research has found that in the past fewdecades, the distribution and health of these woodlandshas been declining rapidly. Research points out coniferencroachment, fire suppression and land conversion viaanthropogenic causes have been the main culprits. Thisproposed action will allow landowners to manage theirlands specifically for white and black oak woodlands,thereby enhancing biological health and diversitythrough the promotion of beneficial oak woodlands andresulting in an overall improvement in and benefit toenvironmental quality statewide.

There is no comparable federal regulation or statute.Board staff conducted an evaluation on whether or

not the proposed action is inconsistent or incompatiblewith existing State regulations pursuant to GOV§ 11346.5(a)(3)(D). State regulations related to the pro-posed action were, in fact, relied upon in the develop-ment of the proposed action (including 14 CCR§§ 895.1 and 1038) to ensure the consistency and com-patibility of the proposed action with existing State reg-ulations. Otherwise, Board staff evaluated the balanceof existing State regulations related to exemptions andfound no existing State regulations that met the samepurpose as the proposed action. Based on this evalua-tion and effort, the Board has determined that the pro-posed regulations are neither inconsistent nor incom-patible with existing State regulations. The proposedregulation is entirely consistent and compatible withexisting Board rules; it simply amends current regulato-ry language.

Statutes to which the proposed action was compared:Excerpts from the Public Resources Code (PRC):§§ 4290, 4291, 4516, 4527, 4551, 4553 and 4597.

No documents are incorporated by reference.

MANDATED BY FEDERAL LAWOR REGULATIONS

The proposed action is not mandated by federal lawor regulations.


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The proposed action neither conflicts with, nor dupli-cates Federal regulations.

There are no comparable Federal regulations relatedto the management of California’s oak woodlands. Noexisting Federal regulations meeting the same purposeas the proposed action were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4))

There are no other matters as are prescribed by statuteapplicable to the specific State agency or to any specificregulation or class of regulations.

LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5))

The proposed action does not impose a mandate onlocal agencies or school districts.

FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6))

There is no cost to any local agency or school districtthat is required to be reimbursed under Part 7 (com-mencing with Section 17500) of Division 4 of the Gov-ernment Code.

This amendment creates an exemption from the FPAwhen engaged in the cutting or removal of trees to re-store and conserve California black and Oregon whiteoak woodlands, and incentivizes landowners to specifi-cally manage for the health and vitality of Californiablack and Oregon white oak woodlands.

The proposed action will not result in the impositionof other non−discretionary costs or savings to localagencies.

The proposed action will not result in costs or savingsin federal funding to the State.

The proposed action will not result in costs or savingsto any State agency.

HOUSING COSTS (pursuant to GOV § 11346.5(a)(12))

The proposed action will not significantly affecthousing costs.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY AFFECTING

BUSINESS, INCLUDING ABILITY TO COMPETE(pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and

11346.5(a)(8))

The proposed action will not have a significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states.

Pursuant to GOV § 11346.5(a)(8), the agency shallprovide in the record facts, evidence, documents, testi-mony, or other evidence upon which the agency relies tosupport this initial determination:

The Board relied on their own expertise andfamiliarization with forestry and State rulemakinglaw and policy to develop this rulemakingpackage. Additionally, discussion and commentsfrom researchers actively involved in Californiahardwood management helped craft and providedsupport for this rulemaking effort.

STATEMENTS OF THE RESULTS OF THEECONOMIC IMPACT ASSESSMENT (EIA)

The results of the economic impact assessment areprovided below pursuant to GOV § 11346.5(a)(10) andprepared pursuant to GOV § 11346.3(b)(1)(A)−(D).The proposed action:(A) will not create jobs within California;(A) will not eliminate jobs within California;(B) will not create new businesses,(B) will not eliminate existing businesses within

California(C) will not affect the expansion or contraction of

businesses currently doing business withinCalifornia.

(D) will yield nonmonetary benefits. For additionalinformation on the benefits of the proposedregulation, please see anticipated benefits foundunder the Introduction Including Public Problem,Administrative Requirement, or Other Conditionor Circumstance the Regulation is Intended toAddress.

The types of businesses that will be impacted includeconsulting forester and logging businesses.

COST IMPACTS ON REPRESENTATIVE PERSONOR BUSINESS

(pursuant to GOV § 11346.5(a)(9))

The agency is not aware of any cost impacts that arepresentative private person or business would neces-


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sarily incur in reasonable compliance with the proposedaction. Although consulting foresters and logging busi-nesses will be effected by this regulation, no adverseimpacts are to be expected.

BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d))

The proposed action does not impose a business re-porting requirement.

SMALL BUSINESS (defined in GOV § 11342.610)

Small business, pursuant to 1 CCR § 4(a):(1) Is legally required to comply with the regulation;(2) Is not legally required to enforce the regulation;(3) Does derive a benefit from the enforcement of the

regulation;(4) May incur a detriment from the enforcement of

the regulation if it does not comply with the regulation.The proposed action is to allow for timber operations

that manage specifically for California black oak(Quercus kelloggii) and Oregon white oak (Quercusgarryana) an exemption from the Plan preparation andsubmission requirements (PRC § 4581) and from thecompletion and stocking reporting requirements (PRC§§ 4585 and 4587) of the FPA when specific require-ments are met.


In accordance with GOV § 11346.5(a)(13), theBoard must determine that no reasonable alternative itconsiders, or that has otherwise been identified andbrought to the attention of the Board, would be more ef-fective in carrying out the purpose for which the actionis proposed, or would be as effective and less burden-some to affected private persons than the proposed ac-tion, or would be more cost−effective to affected privatepersons and equally effective in implementing thestatutory policy or other provision of law.

CONTACT PERSON

Requests for copies of the proposed text of the regula-tions, the Initial Statement of Reasons, modified text ofthe regulations and any questions regarding the sub-stance of the proposed action may be directed to:

Board of Forestry and Fire Protection Attn: Eric HedgeRegulations CoordinatorP.O. Box 944246Sacramento, CA 94244−2460Telephone: (916) 653−8007

The designated backup person in the event Mr. Hedgeis not available is Matt Dias, Executive Officer for theBoard of Forestry and Fire Protection. Mr. Dias may becontacted at the above address or by phone at (916)653−8007.

AVAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16), (18))

All of the following are available from the contactperson:1 Express terms of the proposed action using

UNDERLINE to indicate an addition to theCalifornia Code of Regulations andSTRIKETHROUGH to indicate a deletion.

2. Initial Statement of Reasons, which includes astatement of the specific purpose of each adoption,amendment, or repeal, the problem the Board isaddressing, and the rationale for the determinationby the Board that each adoption, amendment, orrepeal is reasonably necessary to carry out thepurpose and address the problem for which it isproposed.

3. The information upon which the proposed actionis based (pursuant to GOV § 11346.5(b)).

4. Changed or modified text. After holding thehearing and considering all timely and relevantcomments received, the Board may adopt theproposed regulations substantially as described inthis notice. If the Board makes modifications thatare sufficiently related to the originally proposedtext, it will make the modified text — with thechanges clearly indicated — available to thepublic for at least 15 days before the Board adoptsthe regulations as revised. Notice of the commentperiod on changed regulations, and the full text asmodified, will be sent to any person who testifiedat the hearings, submitted comments during thepublic comment period, including written and oralcomments received at the public hearing, orrequested notification of the availability of suchchanges from the Board of Forestry and FireProtection. The Board will accept writtencomments on the modified regulations for 15 daysafter the date on which they are made available.


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FINAL STATEMENT OF REASONS

When the Final Statement of Reasons (FSOR) hasbeen prepared, the FSOR will be available from thecontact person on request.

INTERNET ACCESS

All of the material referenced in the AvailabilityStatements is also available on the Board web site at:http://bofdata.fire.ca.gov/regulations/proposed_rule_packages/

TITLE 14. DEPARTMENT OFRESOURCES RECYCLING AND

RECOVERY

Title 14: Natural ResourcesDivision 7: Department of Resources

Recycling and Recovery Chapter 8.2: Electronic Waste Recovery and

Recycling Articles/

Sections: Article 1.0, § 18660.5; Article 2.0, §§ 18660.6, 18660.7, 18660.8, 18660.9, 18660.10; Article 2.1, §§ 18660.12, 18660.13, 18660.15, 18660.16, 18660.17, 18660.18, 18660.19; Article 2.2, §§ 18660.20, 18660.21; Article 2.3, §§ 18660.22, 18660.23, 18660.24, 18660.25, 18660.30, 18660.31; Article 2.4, §§ 18660.32, 18660.33; Article 2.5, §§ 18660.35, 18660.36, 18660.37, 18660.39; Article 3.0, § 18660.41; Article 6, §§ 18660.44, 18660.45, 18660.46

PROPOSED REGULATORY ACTION

The Department of Resources Recycling and Recov-ery (“CalRecycle”) proposes to amend California Codeof Regulations, Title 14, Division 7, Chapter 8.2 com-mencing with Section 18660.5. The proposed regula-tions address issues such as eligibility, documentation,compliance, and accountability with respect to the im-plementation and administration of the Covered Elec-tronic Waste (CEW) program. CalRecycle intends toadopt the proposed regulations described herein afterconsidering all recommendations, comments and ob-jections regarding the proposed action.

PUBLIC HEARING

A public hearing to receive public comments isscheduled for 10/11/2017. The hearing will be held atthe:

Joe Serna Jr., Cal EPA BuildingCoastal Hearing Room1001 I Street, 2nd FloorSacramento, CA 95814

The hearing will begin at 9:30 a.m. on October 11,2017, and will conclude at 12:00 p.m., or after all testi-mony is given. Any person may present statements orarguments, orally or in writing, with respect to the pro-posed action. CalRecycle requests that persons makingoral comments also submit a written copy of their testi-mony at the hearing. The hearing room is wheelchairaccessible. If you have any questions, please contact:

Andrew HurstMaterials Management and Local Assistance

DivisionCalifornia Department of Resources Recycling and

RecoveryP.O. Box 4025Sacramento, CA 95812−4025Phone: (916) 323−2872FAX: (916) 319−7609E−mail: [email protected]


Any interested person, or his or her authorized repre-sentative, may submit to CalRecycle written commentsrelevant to the proposed regulations. The written com-ment period for this rulemaking closes at 5:00 p.m.on October 10, 2017. CalRecycle will consider onlycomments received by CalRecycle by that time.Comments may be submitted via the contact informa-tion below. CalRecycle will also accept written com-ments during the public hearing described above.Please submit your written comments to:



RecoveryP.O. Box 4025Sacramento, CA 95812−4025FAX: (916) 319−7609E−mail: [email protected]


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AUTHORITY AND REFERENCES

Public Resources Code Sections (PRC) Sections40502(a), 42475(b) provide authority for the proposedregulations. The purpose of the proposed action is toimplement, interpret, and make specific laws related tothe implementation and administration of the CEW pro-gram. The following is a list of references cited in theproposed regulations: PRC Sections 42461, 42463,42464, 42465.2, 42472(b), 42474, 42475(a), 42475.2,42476, 42476.5, 42477, 42478, and 42479, and makereference to specific statutory provisions in Govern-ment Code Sections 11400.20, 11415.10, 11445.10,11445.20, 11503, 11505, and 11506.

The following sections are being implemented, inter-preted, or made specific: Article 1.0, § 18660.5; Article2.0, §§ 18660.6, 18660.7, 18660.8, 18660.9, 18660.10;Article 2.1, §§ 18660.12, 18660.13, 18660.15,18660.16, 18660.17, 18660.18, 18660.19; Article 2.2,§§ 18660.20, 18660.21; Article 2.3, §§ 18660.22,18660.23, 18660.24, 18660.25, 18660.30, 18660.31;Article 2.4, §§ 18660.32, 18660.33; Article 2.5,§§ 18660.35, 18660.36, 18660.37, 18660.39; Article3.0, § 18660.41; Article 6, §§ 18660.44, 18660.45,18660.46.

The Request for Approval was executed by the Direc-tor of CalRecycle, Scott Smithline, on 1/24/2017.


The California Integrated Waste Management Act(CIWMA), Public Resources Code (PRC) § 40000 etseq., gives CalRecycle authority to provide for the pro-tection of public health, safety, and the environmentthrough waste prevention, waste diversion, and safewaste processing and disposal. PRC § 40502(a) re-quires CalRecycle to adopt rules and regulations to im-plement the CIWMA, and PRC § 42461 provides au-thority to CalRecycle to adopt regulations necessary toimplement the CEW recycling program. PRC § 42474provides CalRecycle authority to impose a civil penaltyfacet to the program.

Existing sets of emergency regulations, aimed atmanaging residual material derived from processedCEW, particularly cathode ray tube (CRT) glass, andadministering a civil penalty facet to the CEW recoveryand recycling payment system, address the fundamen-tal problems of overseeing an environmental programand dispensing public funds. See Office of Administra-tive Law Notices of Approval for File Nos.2015−0812−01E and 2015−0925−02 (See Attach-ments 1 and 2 to CalRecycle’s Initial Statement ofReasons). CalRecycle is seeking to make these emer-

gency regulations permanent pursuant to Public Re-sources Codes section 42475.2(b).

The proposed regulations provide clarity with respectto implementing and administering the CEW programin order to achieve the intent of the Electronic Waste Re-cycling Act of 2003 (“the Act”), established through SB20, Sher, Chapter 526 (Public Resources Code Section42460, et seq.) Issues being addressed include: eligibili-ty, documentation, compliance, and accountability. Inaddition to providing more consistency within the textof the regulations, the proposed regulations clarify andmake specific the following topics: definitions, applica-bility and limitations, record−keeping and informationtracking, net cost reports, compliance requirementswith respect to information provided in applicationsand recycling payment claims, requirements with re-spect to the management of treatment residuals derivedfrom the dismantling of CEW, the appeal processes,cancellation methods, manufacturer payments, and theprocedure for imposing civil liabilities for false state-ments or representations.

Program staff held multiple workshops to addressvarious aspects of the proposed regulations prior to thesubmission of the emergency regulations. Commentsfrom the public were incorporated into those regula-tions. With respect to the proposed regulations, staffheld a public workshop on 12/20/2016 to share and ac-cept comments on the informal draft of the proposedregulatory text. This workshop was offered both in−person and via webinar.

Benefits of the Proposed Regulations

The proposed rules benefit the State by ensuring thatonly authorized entities receive public funding for thecompliant management of specified wastes. The rulesdo so without placing excess burden on the voluntarilyparticipating recycling industry by primarily relying ondocuments and demonstrations already required pur-suant to a range of other State laws, such as hazardouswaste rules and weighmaster rules.

The existing and proposed rules also ensure that onlyeligible CEW generated in California enters the pro-gram and that the funds derived from fees paid by Cali-fornia consumers are expended only on activities con-ducted in compliance with applicable law. This benefitsthe State by protecting the environment and publicfunds. The emergency rules strengthened the documen-tation requirements for CRT glass management whileproviding management options. The proposed rules ex-pand the allowable methods for managing, in general,residual materials derived from CEW, which allowsparticipating businesses to select the most economical-ly feasible practices within otherwise compliant op-


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tions, while maintaining reasonable and effective regu-latory oversight.

Additionally, the proposed rules establish the mecha-nisms to hold accountable anyone making false state-ments or representations in documents used for the pur-pose of compliance with the Act and the CEW programregulations, via the imposition of administrative civilpenalties. The process and procedures set forth ensureCalRecycle has the ability to exercise its statutory au-thority and impose civil liabilities. The proposed rulesbenefit the State through safeguarding the integrity ofthe CEW program and promoting compliance with theCEW program’s rules and regulations by acting as a de-terrent to non−compliant behavior. Additionally, theproposed rules benefit the State through promoting alevel playing field between program participants andfostering fair business practices.

PLAIN ENGLISH REQUIREMENTS

CalRecycle prepared the proposed regulations pur-suant to the standard of clarity provided in GovernmentCode Section 11349 and the plain English requirementsset forth in Government Code Sections 11342.580 and11346.2(a)(1). CalRecycle considers the proposed reg-ulations non−technical and drafted to be easily under-stood by those parties that will use them.

FEDERAL LAW OR REGULATIONS MANDATE

CalRecycle has determined that these proposed regu-lations do not have any significant differences from fed-eral law.

CONSISTENCY WITH STATE REGULATIONS

CalRecycle performed a search of existing state regu-lations and finds that the proposed regulations are notinconsistent or incompatible with existing state laws orregulations.

OTHER STATUTORY REQUIREMENTS

There are no other requirements prescribed by statutethat are applicable to CalRecycle or to any specific reg-ulations or class of regulations. (Govt. Code§ 11346.5(a)(4)).

MANDATE ON STATE AGENCIES, LOCALAGENCIES, OR SCHOOL DISTRICTS

CalRecycle has determined that the proposed regula-tions do not impose a mandate on state agencies, localagencies, or school districts.

COST IMPACT ON PRIVATE PERSONSOR BUSINESSES

The CEW recycling program, including the associat-ed payment system, is a voluntary program intended torelieve the costs of managing certain electronic wastesand businesses are not required to participate. However,participants must comply with applicable laws and reg-ulations, including State hazardous waste rules thatgovern the handling of CEW and the compliant man-agement of treatment residual.

CalRecycle is not aware of any cost impacts that arepresentative private person or business would neces-sarily incur in reasonable compliance with the proposedaction. There are no new or separate costs incurred toparticipate in or comply with the CEW program. TheCEW program is a cost relief program established pur-suant to the Electronic Waste Recycling Act of 2003. Itsintent is to offset cost for the otherwise compliant man-agement of certain electronic wastes. Existing regula-tions already require recordkeeping and claim submis-sion. The proposed regulations clarify those recordsand allow for additional options for managing treatmentresiduals within otherwise compliant practices to fulfillclaim criteria.

The proposed regulations also include procedures forthe statutorily authorized penalties. The procedures setforth how CalRecycle can impose administrative civilpenalties but do not increase costs of compliance for theregulated businesses.

RESULTS OF THE ECONOMICIMPACT ASSESSMENT

Creation/Elimination of California JobsThe requirements and options in the regulations will

not create or eliminate jobs within the State of Califor-nia. The proposed regulations revise allowances andlimitations regarding the management of certain regu-lated residuals derived from the dismantling of CEW,including cathode ray tubes (CRT) and CRT glass. Therules establish criteria and thresholds that must be ful-filled and documented for participants in the CEW pro-gram to claim and receive payments pursuant to theElectronic Waste Recycling Act of 2003. However, therules do not create new and separate material manage-ment standards.

Additionally, the proposed rules establish the mecha-nisms to hold accountable anyone making false state-


1224

ments or representations in documents used for the pur-pose of compliance with the Act and the CEW programregulations, via the imposition of administrative civilpenalties. The process and procedures set forth ensureCalRecycle has the ability to exercise its statutory au-thority and impose civil liabilities.Creation/Elimination of California Businesses

The requirements and options in the regulations willnot create or eliminate businesses within the State ofCalifornia. The proposed regulations revise allowancesand limitations regarding the management of certainregulated residuals derived from the dismantling ofCEW, including CRT and CRT glass. The rules estab-lish criteria and thresholds that must be fulfilled anddocumented for participants in the CEW program toclaim and receive payments pursuant to the ElectronicWaste Recycling Act of 2003. However, the rules do notcreate new and separate material management stan-dards.

Additionally, the proposed rules establish the mecha-nisms to hold accountable anyone making false state-ments or representations in documents used for the pur-pose of compliance with the Act and the CEW programregulations, via the imposition of administrative civilpenalties. The process and procedures set forth ensureCalRecycle has the ability to exercise its statutory au-thority and impose civil liabilities.Expansion of Businesses Doing Business Within theState

The requirements and options in the regulations willnot create, expand, or eliminate businesses within theState of California. The proposed regulations revise al-lowances and limitations regarding the management ofcertain regulated residuals derived from the disman-tling of CEW, including CRT and CRT glass. The rulesestablish criteria and thresholds that must be fulfilledand documented for participants in the CEW programto claim and receive payments pursuant to the Electron-ic Waste Recycling Act of 2003. However, the rules donot create new and separate material managementstandards.

Additionally, the proposed rules establish the mecha-nisms to hold accountable anyone making false state-ments or representations in documents used for the pur-pose of compliance with the Act and the CEW programregulations, via the imposition of administrative civilpenalties. The process and procedures set forth ensureCalRecycle has the ability to exercise its statutory au-thority and impose civil liabilities.Benefits of the Regulations to Health and Welfare ofCalifornia Residents, Worker Safety, and the State’sEnvironment

The proposed rules ensure that only authorized enti-ties receive public funding for the compliant manage-

ment of specified wastes. The existing and proposedrules also ensure that only eligible CEW generated inCalifornia enters the program and that the funds derivedfrom fees paid by California consumers are expendedonly on activities conducted in compliance with appli-cable law. This benefits the State by protecting the envi-ronment and public funds. The proposed rules expandthe allowable methods for managing, in general, residu-al materials derived from CEW, which allows partici-pating businesses to select the most economically feasi-ble practices within otherwise compliant options, whilemaintaining reasonable and effective regulatory over-sight.

The proposed rules establish the mechanisms to holdaccountable anyone making false statements or repre-sentations in documents used for the purpose of compli-ance with the Act and the CEW program regulations,via the imposition of administrative civil penalties. Theprocess and procedures set forth ensure CalRecycle hasthe ability to exercise its statutory authority and imposecivil liabilities. The proposed rules benefit the Statethrough safeguarding the integrity of the CEW programand promoting compliance with the CEW program’srules and regulations by acting as a deterrent to non−compliant behavior. Additionally, the proposed rulesbenefit the State through promoting a level playing fieldbetween program participants and fostering fair busi-ness practices.

CalRecycle does not anticipate that the proposed reg-ulations will affect worker safety.

FISCAL IMPACT

Cost or Savings to Any State AgencyCalRecycle has determined that the proposed regula-

tions do not result in any cost or savings to any stateagency.Cost to Any Local Agency or School District

CalRecycle has determined that the proposed regula-tions do not result in cost to any local agency or schooldistrict that is required to be reimbursed pursuant toGovernment Code section 17500 et seq.Non−Discretionary Cost or Savings Imposed UponLocal Agencies

CalRecycle has determined that there are no non−discretionary costs or savings imposed upon any localagencies.Cost or Savings in Federal Funding to the State

CalRecycle has determined that there are no costs orsavings in federal funding to the state.

FINDINGS ON NECESSITY OF REPORTS

CalRecycle has determined that the requirement forspecific reports is necessary for the health, safety, and


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welfare for the people of the state because it will help toensure that the law applies equally to covered entities.

EFFECT ON HOUSING COSTS

CalRecycle made a determination that the proposedregulations will not have an effect on housing costs.

EFFECT ON BUSINESSES

CalRecycle has determined that the proposed regula-tions will not have a significant, statewide adverse eco-nomic impact directly affecting business, including theability of California businesses to compete with busi-nesses in other states. There are currently 410 approvedcollectors in the CEW program, of which approximate-ly 30 are also approved recyclers. Both approved col-lectors and approved recyclers must apply to participateby submitting certain documents that demonstrate eli-gibility. Subsequently, approved collectors and ap-proved recyclers conduct and document CEW recoveryand recycling activities. Recyclers generate treatmentresiduals such as cathode ray tubes (CRT) and other reg-ulated materials as a result of dismantling CEW.

CalRecycle made an initial determination that theproposed regulations will not affect the ability of Cali-fornia businesses to compete with businesses in otherstates because the proposed regulations clarify existinglaw and impose no requirements that would result in ad-verse cost impacts.

There are no new or separate costs incurred to partici-pate in or comply with the CEW program. The CEWprogram is a cost relief program established pursuant tothe Electronic Waste Recycling Act of 2003. Its intent isto offset cost for the otherwise compliant managementof certain electronic wastes. Existing regulations al-ready require recordkeeping and claim submission. Theproposed regulations clarify those records and allow foradditional options for managing treatment residualswithin otherwise compliant practices to fulfill claimcriteria.

The proposed regulations also include procedures forthe statutorily authorized penalties. The procedures setforth how CalRecycle can impose administrative civilpenalties but do not increase costs of compliance for theregulated businesses.

EFFECT ON SMALL BUSINESSES

The majority of potentially affected businesses aresmall businesses. Only approved collectors and ap-

proved recyclers would be directly affected by theserules, and approximately 75 percent of these are smallbusinesses. However, CalRecycle has made the initialdetermination that the proposed regulatory action willnot have a significant statewide adverse economic im-pact because the proposed regulations clarify existinglaw and impose no new requirements that would resultin significant adverse cost impacts.

EFFECT ON THE CREATION OR ELIMINATIONOF JOBS, EXISTING OR NEW BUSINESS IN THE

STATE OF CALIFORNIA

The requirements and options in the regulations willnot create or eliminate businesses within the State ofCalifornia. The proposed regulations revise allowancesand limitations regarding the management of certainregulated residuals derived from the dismantling ofCEW, including cathode ray tubes (CRT) and CRTglass. The rules establish criteria and thresholds thatmust be fulfilled and documented for participants in theCEW program to claim and receive payments pursuantto the Electronic Waste Recycling Act of 2003. Howev-er, the rules do not create new and separate materialmanagement standards.


CalRecycle must determine that no reasonable alter-native it considered or that has otherwise been identi-fied and brought to its attention would be more effectivein carrying out the purpose for which the action is pro-posed, would be as effective and less burdensome to af-fected private persons than the proposed action, orwould be more cost−effective to affected private per-sons and equally effective in implementing the statuto-ry policy or other provision of law.

CalRecycle staff attempted to incorporate documen-tation requirements that already exist under other regu-latory frameworks to minimize impact on small busi-nesses while still collecting the information necessaryto fulfill the intent of statute.

CalRecycle invites any interested persons to presentstatements or arguments with respect to any alternativesto the proposed regulations at the scheduled hearingand/or during the written comment period.

CONTACT PERSONS

Inquiries concerning the proposed action may be di-rected to:


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The backup contact person to whom inquiries con-cerning the proposed administration action may be di-rected to:

Jason SmythMaterials Management and Local Assistance



AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS,

AND RULEMAKING FILE

CalRecycle will have the entire rulemaking file, theexpress terms of the proposed regulations, and all infor-mation that provides the basis for the proposed action,available for inspection and copying throughout therulemaking process at the address provided above. Asof the date this Notice is published in the Notice Regis-ter, the rulemaking file consists of this Notice, the textof the proposed regulations, the initial statement of rea-sons (ISOR), and the economic and fiscal impact state-ment. Copies may be obtained by contacting AndrewHurst at the address or e−mail or phone number listedabove. For more timely access to the text of the pro-posed regulations, and in the interest of waste preven-tion, interested parties are encouraged to accessCalRecycle’s Internet webpage at:http://www.calrecycle.ca.gov/Laws/Rulemaking/EWasteFinal/default.htm

AVAILABILITY OF CHANGED ORMODIFIED TEXT

CalRecycle may adopt the proposed regulations sub-stantially as described in this Notice after holding thehearing and considering all timely and relevant com-ments. If CalRecycle makes modifications that are suf-

ficiently related to the originally proposed text, it willmake the modified text (with the changes clearly indi-cated) available to the public for at least fifteen (15)days before CalRecycle adopts the regulations as re-vised. Requests for the modified text should be made tothe contact person named above. CalRecycle will trans-mit any modified text to all persons who testify at thepublic hearing, all persons whose comments are re-ceived during the comment period, and all persons whorequest notification of the availability of such changes.CalRecycle will accept written comments on the modi-fied regulations for fifteen (15) days after the date onwhich they are made available.


The Final Statement of Reasons will be available atthe webpage listed herein, or you may contact the indi-viduals listed above.


Copies of this Notice, the Initial Statement of Rea-sons (ISOR), and the text of the proposed regulations inunderline and strikeout may be accessed at:http://www.calrecycle.ca.gov/Laws/Rulemaking/EWasteFinal/default.htm

GENERAL PUBLIC INTEREST

DEPARTMENT OF HEALTH CARESERVICES

NOTICE IS HEREBY GIVEN that the Departmentof Health Care Services (DHCS) intends to submit a1915(c) Home and Community−Based Services(HCBS) waiver renewal application for the PediatricPalliative Care (PPC) Waiver to the Centers for Medi-care and Medicaid Services (CMS). The PPC Waiverserves children who have a California Children’s Ser-vices (CCS) eligible medical condition with a complexset of needs. The PPC Waiver is based on the principlethat curative treatments, along with palliative care, canimprove the quality of life for children and families, andreduce institutionalizations.

This notice is to inform stakeholders that the waiverrenewal is available for public input, and to invite all in-terested parties to review and comment on the proposedrenewal. All comments and input received during thepublic comment period will be considered for incorpo-ration into the PPC Waiver.


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The 30−day public input period will begin August 4,2017, and will end on September 6, 2017 at 5:00 p.m.The waiver renewal application can be found at the fol-lowing address: http://www.dhcs.ca.gov/services/ppc/Pages/PFCWaiverRenewal.aspx. If you would like torequest a hard copy, please email [email protected] or call 916−322−5253.

Please submit comments to [email protected],or by mail to the following address:

Department of Health Care ServicesATTN: PPC Waiver Public InputP.O. Box 997413, MS 0018Sacramento, CA 95899−7413

The written comment period closes at 5:00 p.m. onSeptember 6, 2017; any written comments, regardlessof the method of transmittal, must be received electroni-cally by 5:00 p.m. or postmarked on this date, for con-sideration. The State will review any feedback receivedand will incorporate public comment, as necessary.

SUMMARY OF REGULATORYACTIONS

REGULATIONS FILED WITHSECRETARY OF STATE

This Summary of Regulatory Actions lists regula-tions filed with the Secretary of State on the dates indi-cated. Copies of the regulations may be obtained bycontacting the agency or from the Secretary of State,Archives, 1020 O Street, Sacramento, CA 95814, (916)653−7715. Please have the agency name and the datefiled (see below) when making a request.

File# 2017−0613−02BOARD OF FORESTRY AND FIRE PROTECTIONRule Alignment #2, 2017

This action, without regulatory effect, (1) makesgrammatical and stylistic changes; (2) amends scientif-ic names of species; and (3) removes provisions whichhave expired by their own sunset terms.

Title 14AMEND: 895.1, 896, 897, 898, 898.1, 898.2, 900,901, 902, 902.1, 902.2, 902.3, 903.1, 903.2, 906,907, 911Filed 07/26/2017Agency Contact: Matt Dias (916) 653−8007

File# 2017−0620−04BOARD OF OCCUPATIONAL THERAPYContinuing Competence Requirements

This action by the Board of Occupational Therapyupdates continuing competency requirements andadopts the form entitled, “Fieldwork Education PDUAttestation” (Form FEA, 6/2016).

Title 16AMEND: 4161, 4162, 4163Filed 08/02/2017Effective 10/01/2017Agency Contact: Heather Martin (916) 263−2294

File# 2017−0613−01CALIFORNIA HEALTH FACILITIES FINANCINGAUTHORITYChildren’s Hospital Program of 2004

In this rulemaking action, the California Health Fa-cilities Financing Authority (CHFFA) amends regula-tions and adopts one new regulation in Title 4 of the Cal-ifornia Code of Regulations to enable CHFFA to ad-minister a third funding round to award and distributethe remaining approximately $8 million in grant fundsunder the Proposition 61 Children’s Hospital Programof 2004 and to administer a fourth funding round ifgrant funds remain at the conclusion of the third fund-ing round.

Title 4ADOPT: 7033.1AMEND: 7030, 7033, 7034, 7035, 7037, 7040,7042, 7045Filed 07/26/2017Effective 10/01/2017Agency Contact:

Carolyn Aboubechara (916) 653−3213

File# 2017−0620−01CALIFORNIA HIGHWAY PATROLExplosives Routes and Stopping Places

This regulatory action amends section 1151.8.1 of ti-tle 13, Map 8A, to update the designated routes for thetransportation of explosives in the downtown area ofSan Francisco. The amendment removes 8.2 miles ofcurrent routes and extends 2.2 miles of designatedroutes to improve the transportation of explosives bycommercial vehicles on highways through the down-town area of San Francisco.

Title 13AMEND: 1151.8.1Filed 07/27/2017Effective 07/27/2017Agency Contact: Tian−Ting Shih (916) 843−3400


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File# 2017−0719−05CALIFORNIA HIGHWAY PATROLModified Limousine Bus Inspection Consistency —With Fees

This emergency rulemaking action by the Depart-ment of the California Highway Patrol establishes re-quirements for a modified limousine terminal inspec-tion program and establishes a terminal inspection fee.

Title 13ADOPT: 1231.3 AMEND: 1212.5, 1218, 1239,1264Filed 07/31/2017Effective 07/31/2017Agency Contact: Joseph Mosinski (916) 843−3400

File# 2017−0719−06CALIFORNIA HIGHWAY PATROLModified Limousine Safety

In this emergency rulemaking action, the Departmentof the California Highway Patrol adopts requirementsto implement Senate Bill 109 (Chapter 752 of 2013), SB611 (Chapter 860 of 2014), AB 863 (Chapter 480 of2015), and SB 812 (Chapter 711 of 2016) regarding thelocation, size, marking, latching, maintenance, inspec-tion, and operability requirements for push−out win-dow exits and passenger doors and fire extinguishers inmodified limousines.

Title 13ADOPT: 1267.1 AMEND: 1201, 1217, 1232, 1242,1268, 1269Filed 07/31/2017Effective 07/31/2017Agency Contact: Joseph Mosinski (916) 843−3400

File# 2017−0613−05CALIFORNIA HORSE RACING BOARDRacing Secretary Conditions & Medication, Drugs andOther Substances

The California Horse Racing Board submitted thistimely certificate of compliance to make permanent theregulations adopted in OAL File No. 2016−0715−02E,readopted in 2017−0113−06EE, and again in2017−0414−03EE.

Title 4AMEND: 1581, 1843Filed 07/26/2017Effective 07/26/2017Agency Contact: Philip Laird (916) 263−6025

File# 2017−0619−01CALIFORNIA POLLUTION CONTROLFINANCING AUTHORITYCPCFA — CalCAP Seismic Safety Financing Program

This Certificate of Compliance resubmittal filing bythe California Pollution Control Financing Authority(“CPCFA”) makes permanent the adoption of sections8078.15, 8078.16, 8078.17, 8078.18, 8078.19,8078.20, and 8078.21 in title 4 of the California Code ofRegulations. Health and Safety Code section 44559 es-tablishes the Capital Access Program (“CalCAP”) andauthorizes CPCFA to contract with specified financialinstitutions to make loans to eligible small businessesthat may have difficulty obtaining capital. This rule-making makes permanent alternate provisions specificto the California Seismic Safety Capital Access LoanProgram (the “CalCAP/Seismic Safety Program”)within CalCAP. Specifically, these regulations assistqualified residential property and small business own-ers in obtaining loans to finance the costs of seismicallyretrofitting residences and small businesses. Addition-ally, the CalCAP/Seismic Safety Program provides acredit enhancement to support private bank loans toqualified residential and commercial property ownersto make improvements to mitigate seismic damage.

Title 4ADOPT: 8078.15, 8078.16, 8078.17, 8078.18,8078.19, 8078.20, 8078.21Filed 07/26/2017Effective 07/26/2017Agency Contact: Elena Miller (916) 654−5951

File# 2017−0620−05COMMISSION ON PEACE OFFICER STANDARDSAND TRAININGTraining Requirements for Perishable Skills Instructors

In this rulemaking action, the Commission on PeaceOfficer Standards and Training amends section 1005 ofTitle 11 of the California Code of Regulations to exempta Field Training Officer from having to attend, as a stu-dent, any Perishable Skills Program (PSP) trainingcourse on the topic he/she is qualified to instruct so longas the Field Training Officer has presented a course onthat PSP training topic within the same two−year Con-tinuous Professional Training (CPT) cycle. The amend-ment further exempts Field Training Officers from therequirement to demonstrate their competency in the ap-plicable PSP training topic as long as they have present-ed a course on that topic within the same two−year CPTcycle.


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Title 11AMEND: 1005Filed 07/31/2017Effective 10/01/2017Agency Contact: Christy Correa (916) 227−4847

File# 2017−0720−03DEPARTMENT OF FOOD AND AGRICULTUREHuanglongbing Disease Interior Quarantine

This emergency rulemaking by the Department ofFood and Agriculture expands the quarantine area forHuanglongbing (“HLB”) disease into the Rosemeadarea of Los Angeles County. The quarantine area is be-ing expanded by approximately 11 square miles in re-sponse to the confirmation on June 23, 2017, of thepresence of HLB from suspect citrus tissue samples col-lected in the Rosemead area. This emergency actionprovides authority for the state to perform quarantineactivities against HLB within this additional area. Thetotal area which is now under regulation is approxi-mately 427 square miles.

Title 3AMEND: 3439(b)Filed 07/26/2017Effective 07/26/2017Agency Contact: Dean Kelch (916) 403−6650

File# 2017−0725−01DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine

This emergency readopt action by the Department ofFood and Agriculture maintains the changes adopted inOAL File Nos. 2016−1212−02E and 2017−0523−04EEthat prohibited the movement of bulk citrus withinquarantine areas, except for shipments moved under theterms of a special permit as authorized under section3154 of title 3 of the CCR.

Title 3AMEND: 3435(d)Filed 07/31/2017Effective 08/31/2017Agency Contact: Dean Kelch (916) 403−6650

File# 2017−0719−04DEPARTMENT OF JUSTICEBullet−Button Assault Weapons

This request for filing of adopted and amended regu-lations with the Secretary of State, and for printing theseregulations in the California Code of Regulations, con-cerns requirements and procedures for the registration,before July 1, 2018, of assault weapons lawfully in thepossession of persons between January 1, 2001 and De-cember 31, 2016, inclusive.

Title 11ADOPT: 5470, 5471, 5472, 5473, 5474, 5474.1,5474.2, 5475, 5476, 5477, 5478 AMEND: 5469 RE-PEAL: 5473Filed 07/31/2017Effective 07/31/2017Agency Contact: Jacqueline Dosch (916) 227−5419

File# 2017−0724−01DEPARTMENT OF RESOURCES RECYCLINGAND RECOVERYCRT Glass Disposition

In this emergency readopt, the Department of Recy-cling, Resources, and Recovery is amending sections18660.5, 18660.6, 18660.21, 18660.22, 18660.23, and18660.24 in title 14 of the California Code of Regula-tions. These sections are being amended to revise crite-ria and conditions regarding the disposition of cathoderay tube (“CRT”) glass derived from the processing ofcertain electronic waste. Specifically, these amend-ments remove existing prohibitions on this disposal oftreatment residual CRT glass and allow for all other-wise legal dispositions. These changes also improvedocumentation requirements and place certain timelimits on the ultimate disposition of treatment residualCRT glass.

Title 14AMEND: 18660.5, 18660.6, 18660.21, 18660.22,18660.23, 18660.24Filed 08/01/2017Effective 08/21/2017Agency Contact: Meagan Wilson (916) 341−6077

File# 2017−0720−06OCCUPATIONAL SAFETY AND HEALTH(CAL−OSHA) DIVISIONEmergency Conveyance Fee Reduction

This action by the Department of Industrial Rela-tions, Division of Occupational Safety and Healthamends section 344.30 of title 8 of the California Codeof Regulations to reduce the fees for permits, certifica-tions, and inspections of elevators and other types ofconveyances.

Title 8AMEND: 344.30Filed 07/31/2017Effective 07/31/2017Agency Contact: Denise Cardoso (510) 286−0306

File# 2017−0614−01OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDProcess Safety Management for Petroleum Refineries

This action by the Occupational Safety and HealthStandards Board adds a new Process Safety Manage-


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ment (PSM) regulation, section 5189.1, to title 8 of theCalifornia Code of Regulations. The PSM sets safetyperformance standards for oil refinery employers, whomust ensure compliance through improvements intransparency, accountability, worker participation, andenforcement.

Title 8ADOPT: 5189.1Filed 07/27/2017Effective 10/01/2017Agency Contact: Marley Hart (916) 274−5721

File# 2017−0616−02OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDPowered Industrial Truck Operation — Exception

In this rulemaking action, the Board amends title 8,section 3650, of the California Code of Regulations toaddress the exception in subdivision (t)(17), which hasallowed the driver of an industrial truck to be out of thedriver’s seat with the forks raised no more than 42 inch-es for loading and unloading above the level where theoperator/loaders are standing. The regulation is amend-ed to require the operator to remain in the seat of the in-dustrial truck except when the operator is actively load-ing or unloading materials. Further, the regulation isamended to ensure that forks cannot be elevated morethan 42 inches above the level on which the powered in-dustrial truck is located, rather than the level on whichthe operator/loaders are standing.

Title 8AMEND: 3650Filed 07/31/2017Effective 10/01/2017Agency Contact: Marley Hart (916) 274−5721

File# 2017−0626−01OFFICE OF ENVIRONMENTAL HEALTHHAZARD ASSESSMENTChemicals Known to the State to Cause Cancer orReproductive Toxicity

The Office of Environmental Health Hazard Assess-ment (OEHHA) submitted this file and print action toadd the Glyphosate and Pentabromodiphenyl ethermixture [DE−71 (technical grade)] to the list of chemi-cals known to the State to cause cancer in title 27, Cali-fornia Code of Regulations, section 27001(b).

Title 27AMEND: 27001Filed 08/02/2017Effective 08/02/2017Agency Contact: Michelle Ramirez (916) 327−3015

CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN March 1, 2017 TOAugust 2, 2017

All regulatory actions filed by OAL during this peri-od are listed below by California Code of Regulationstitles, then by date filed with the Secretary of State, withthe Manual of Policies and Procedures changes adoptedby the Department of Social Services listed last. For fur-ther information on a particular file, contact the personlisted in the Summary of Regulatory Actions section ofthe Notice Register published on the first Friday morethan nine days after the date filed.

Title 207/25/17 AMEND: 5770007/12/17 ADOPT: 20060, 20061, 20062, 20063,

20064, 20065, 20066, 2006707/01/17 ADOPT: 171, 171.2, 174, 193.1, 193.2,

194, 195, 195.1, 195.2, 195.3, 242, 249.1,249.2, 249.3, 249.4, 249.5, 249.6, 249.7,250, 250.2, 265, 265.1, 548.53 AMEND:156, 171.1, 174, 193, 258, 548.40, 548.41REPEAL: 157, 171, 194, 195, 196, 198,199, 199.1, 200, 205, 206, 210, 250, 265,548.70

06/22/17 AMEND: 32706/21/17 AMEND: 370006/19/17 AMEND: 1859.2, 1859.8206/08/17 AMEND: 52.4, 548.49, 548.13605/31/17 ADOPT: 249.805/26/17 AMEND: 11030, 11031, 1103404/10/17 ADOPT: 552.103/27/17 ADOPT: 11017.1 AMEND: 1101703/22/17 AMEND: 5800003/21/17 ADOPT: 2299.01, 2299.02, 2299.03,

2299.04, 2299.05, 2299.06, 2299.07,2299.08, 2299.09

03/03/17 ADOPT: 599.829.1

Title 307/31/17 AMEND: 3435(d)07/26/17 AMEND: 3439(b)07/25/17 AMEND: 3591.12, 3424(c)07/24/17 AMEND: 3435(b)07/20/17 AMEND: 3435(b)07/17/17 AMEND: 3435(b)07/12/17 ADOPT: 619007/10/17 AMEND: 3435(b)07/06/17 AMEND: 3439(b)07/06/17 AMEND: 3439(b)07/06/17 AMEND: 3435(b)06/28/17 AMEND: 1358.706/26/17 AMEND: 3435(b)


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06/22/17 ADOPT: 2320.5AMEND: 2300, 2300.1,2303, 2304, 2307, 2308, 2312, 2315,2319, 2320.1, 2320.2, 2322, 2323, 2324

06/19/17 AMEND: 3435(b)06/14/17 AMEND: 3435(b)06/08/17 AMEND: 3435(b)06/07/17 AMEND: 3435(b)06/05/17 ADOPT: 3591.2806/02/17 AMEND: 3435(d)06/01/17 AMEND: 3591.1205/30/17 AMEND: 3439(b)05/15/17 AMEND: 3435(b)05/15/17 AMEND: 3435(b)05/09/17 AMEND: 3435(b)05/08/17 AMEND: 1402.7, 1402.805/08/17 AMEND: 3439(b)05/04/17 AMEND: 3435(b)05/04/17 AMEND: 3435(b)05/04/17 AMEND: 3591.1504/24/17 AMEND: 3435(b)04/24/17 AMEND: 3435(b)04/20/17 AMEND: 3435(b)04/18/17 AMEND: 3435(b)04/17/17 AMEND: 3435(b)04/17/17 AMEND: 3435(b)04/07/17 AMEND: 3435(b)04/04/17 AMEND: 3435(b)03/30/17 AMEND: 3435(b)03/30/17 AMEND: 3435(b)03/28/17 AMEND: 3435(b)03/28/17 AMEND: 3406(c), 3591.5(b)03/24/17 AMEND: 3435(b)03/14/17 AMEND: 306103/13/17 ADOPT: 2852.5 AMEND: 2850, 2851,

2852, 2853, 2854, 2855, 285603/07/17 AMEND: 3435(b)03/02/17 AMEND: 3435(b)

Title 407/26/17 ADOPT: 7033.1 AMEND: 7030, 7033,

7034, 7035, 7037, 7040, 7042, 704507/26/17 AMEND: 1581, 184307/26/17 ADOPT: 8078.15, 8078.16, 8078.17,

8078.18, 8078.19, 8078.20, 8078.2107/18/17 ADOPT: 61007/12/17 ADOPT: 299 AMEND: 297, 30007/12/17 AMEND: 10325.506/20/17 AMEND: 169606/01/17 AMEND: 1433, 184505/31/17 AMEND: 163205/30/17 ADOPT: 5145, 5146, 5233 AMEND:

5000, 5020, 5031, 5033, 5050, 5051,5054, 5061, 5062, 5063, 5106, 5144,5170, 5191, 5192, 5194, 5200, 5220,5230, 5240, 5250, 5255, 5258, 5260,

5300, 5342, 5350, 5370, 5400, 5450,5560, 5600 REPEAL: 5221

05/08/17 ADOPT: 8078.8, 8078.9, 8078.10,8078.11, 8078.12, 8078.13, 8078.14

05/04/17 AMEND: 10031, 10032, 10033, 10035,10036

05/02/17 ADOPT: 10325.5 AMEND: 1033704/20/17 AMEND: 1581, 184304/10/17 AMEND: 10170.3, 10170.8, 10170.9,

10170.10, 10170.1403/14/17 ADOPT: 299 AMEND: 297, 300

Title 507/18/17 AMEND: 851, 853.5, 853.7, 855, 85606/27/17 REPEAL: 13075, 13075.1, 13075.2,

13075.3, 13075.4, 13075.5, 13075.6,13075.7, 13075.8, 13075.9

06/26/17 AMEND: 1981006/14/17 AMEND: 4190806/05/17 ADOPT: 11517.6, 11518, 11518.5,

11518.10, 11518.15, 11518.20,11518.25, 11518.30, 11518.35,11518.40, 11518.45, 11518.50,11518.55, 11518.60, 11518.65,11518.70, 11518.75, 11518.80, 11519,11519.5

06/02/17 ADOPT: 11534.1 AMEND: 11530,11533, 11534

05/30/17 ADOPT: 7139604/05/17 ADOPT: 75300 AMEND: 75200, 7521003/14/17 AMEND: 15495 REPEAL: 15497.5

Title 807/31/17 AMEND: 365007/31/17 AMEND: 344.3007/27/17 ADOPT: 5189.107/18/17 ADOPT: 9789.17.3 AMEND: 9789.12.2,

9789.17.1, 9789.18.12, 9789.1906/29/17 ADOPT: 9788.1, 9788.2, 9788.3, 9788.406/29/17 AMEND: 344.1806/20/17 AMEND: 9789.3906/05/17 AMEND: 163706/05/17 AMEND: 322005/23/17 ADOPT: 20169 AMEND: 20170, 20234,

20240, 20241, 20242, 20282, 20286,20363, 20393, 20400, 20401, 20402,20407, 20408

05/16/17 AMEND: 20335(c)04/14/17 AMEND: 15203.2(d)04/04/17 AMEND: 515503/27/17 AMEND: 9701, 970203/20/17 AMEND: 430603/14/17 AMEND: 17304


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Title 906/13/17 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 471703/15/17 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 4717

Title 1006/21/17 ADOPT: 260.211.4, 260.211.5,

260.211.6, 260.211.704/17/17 ADOPT: 6520, 6522, 652803/22/17 ADOPT: 8300, 8310, 8320, 8330, 8340,

8350, 8360, 8370, 838003/22/17 AMEND: 2218.3003/09/17 AMEND: 2911, 2912

Title 1107/31/17 AMEND: 100507/31/17 ADOPT: 5470, 5471, 5472, 5473, 5474,

5474.1, 5474.2, 5475, 5476, 5477, 5478AMEND: 5469 REPEAL: 5473

07/25/17 AMEND: 100907/18/17 AMEND: 100806/28/17 AMEND: 1005, 1007, 100806/21/17 AMEND: 101506/01/17 AMEND: 50.1006/01/17 AMEND: 50.1305/31/17 REPEAL: 50.1805/30/17 ADOPT: 2080, 2081, 2082, 2083, 2084,

2085, 2086, 2087, 2088, 2089, 2090,2091, 2092, 2093, 2094, 2095, 2096,2097, 2098, 2099, 2100, 2101, 2102,2103, 2104, 2105, 2106, 2107, 2108,2109, 2120, 2130, 2131, 2132, 2133

05/23/17 AMEND: 1001, 1005, 100805/23/17 AMEND: 50.1905/23/17 AMEND: 50.2005/18/17 AMEND: 50.2305/18/17 AMEND: 50.1205/18/17 AMEND: 50.1405/16/17 AMEND: 50.805/16/17 AMEND: 50.1505/16/17 AMEND: 50.2105/16/17 REPEAL: 50.2205/16/17 ADOPT: 50.2205/15/17 AMEND: 50.505/15/17 REPEAL: 50.705/15/17 AMEND: 50.605/15/17 AMEND: 50.1605/15/17 AMEND: 50.17

Title 1307/31/17 ADOPT: 1231.3 AMEND: 1212.5, 1218,

1239, 126407/31/17 ADOPT: 1267.1 AMEND: 1201, 1217,

1232, 1242, 1268, 126907/27/17 AMEND: 1151.8.106/29/17 AMEND: 1160.1, 1160.2, 1160.3, 1160.4

06/20/17 AMEND: 2775, 2775.1, 2775.206/19/17 AMEND: 205.00, 205.02, 205.04,

205.06, 205.08, 205.12, 205.1406/12/17 AMEND: 156.0005/15/17 AMEND: 16.0604/19/17 AMEND: 26.01, 26.0204/17/17 AMEND: 222204/06/17 AMEND: 1157.21

Title 1408/01/17 AMEND: 18660.5, 18660.6, 18660.21,

18660.22, 18660.23, 18660.2407/26/17 AMEND: 895.1, 896, 897, 898, 898.1,

898.2, 900, 901, 902, 902.1, 902.2, 902.3,903.1, 903.2, 906, 907, 911

07/19/17 AMEND: 50207/19/17 AMEND: 708.507/18/17 ADOPT: 17403.3.1 AMEND: 17402,

17403.0, 17405.007/17/17 AMEND: 360, 361, 362, 363, 364, 364.107/13/17 AMEND: 1305507/12/17 AMEND: 670.206/02/17 ADOPT: 1090.28, 1094, 1094.1, 1094.2,

1094.3, 1094.4, 1094.5, 1094.6, 1094.7,1094.8, 1094.9, 1094.10, 1094.11,1094.12, 1094.13, 1094.14, 1094.15,1094.16(a)−(d)(5), 1094.17, 1094.18,1094.19, 1094.20, 1094.21, 1094.22,1094.23, 1094.24, 1094.25, 1094.26,1094.27, 1094.28, 1094.29, 1094.30,1094.31, 1094.32, 1094.33, 1094.34,1094.35 AMEND: 895, 895.1, 913.11[933.11, 953.11], 916.5 [936.5, 956.5],919.9 [939.9], 923 [943, 963], 923.2[943.2, 963.2], 923.3 [943.3, 963.3],923.4 [943.4, 963.4], 923.5 [943.5,963.5], 923.9 [943.9, 963.9] 929 [949,969], 945.1, 1038, 1090.26, 1104.1,1115.3

05/26/17 AMEND: 7.5005/08/17 ADOPT: 18651.10, 18657.0, 18657.1

AMEND: 18600, 18601, 18611, 18612,18613, 18614, 18614.1, 18616, 18619.1,18619.2, 18619.3, 18619.4, 18619.5,18620, 18621, 18622, 18623, 18624,18625, 18626, 18627, 18631, 18632,18633, 18634, 18641, 18642, 18643.0,18643.2, 18643.3, 18643.4, 18643.5,18643.6, 18643.7, 18650.1, 18650.2,18650.3, 18650.4, 18650.5, 18650.6,18650.61, 18650.7, 18650.8, 18650.9,18651.0, 18651.1, 18651.2,18651.3,18651.4, 18651.5, 18651.6, 18651.7,18651.8, 18651.9, 18653.0, 18653.1,18653.2, 18653.3, 18653.4, 18653.5,


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18653.6, 18655.1, 18655.2, 18655.3,18655.5, 18655.51, 18655.6, 18655.7,18655.8, 18656.0 REPEAL: 18615,18643.1, 18655.4, 18655.9, 18658.0,18658.1, 18658.2, 18658.3, 18659.0,18659.1, 18659.2, 18659.3, 18659.4,18659.5

05/03/17 ADOPT: 1265.00, 1265.01, 1265.02,1265.03

05/01/17 AMEND: 27.8005/01/17 AMEND: 28.2004/18/17 AMEND: 103804/13/17 ADOPT: 3805.104/12/17 ADOPT: 11104/03/17 ADOPT: 17403.3.1 AMEND: 17402,

17403.0, 17405.003/27/17 AMEND: 27.8003/17/17 AMEND: 550, 550.5, 551, 552, 630, 702,

70303/16/17 ADOPT: 18660.47, 18660.48, 18660.49,

18660.50, 18660.51 AMEND: 18660.5,18660.20

03/14/17 REPEAL: 860003/07/17 ADOPT: 749.903/03/17 ADOPT: 1650003/02/17 ADOPT: 748.603/02/17 ADOPT: 54.00, 54.01, 54.02, 54.03,

122.1, 122.2 AMEND: 29.80, 29.90, 121,121.5, 122, 705

Title 1507/18/17 ADOPT: 3087, 3087.1, 3087.2, 3087.3,

3087.4, 3087.5, 3087.6, 3087.7, 3087.8,3087.9, 3087.10, 3087.11, 3087.12

07/19/17 AMEND: 50207/19/17 AMEND: 708.507/18/17 ADOPT: 17403.3.1 AMEND: 17402,

17403.0, 174405.007/17/17 AMEND: 360, 361, 362, 363, 364, 364.107/13/17 AMEND: 1305507/12/17 AMEND: 3000, 3753, 3754, 3763, 6766,

3769.606/28/17 ADOPT: 1712.4, 1714.4, 1730.4, 1740.4

AMEND: 1700, 1706, 1731, 1747,1747.1, 1748, 1748.5, 1749, 1749.1,1750, 1750.1, 1751, 1752, 1753, 1754,1756, 1760, 1766, 1767, 1768, 1770,1772, 1776, 1778, 1788, 1790, 1792

06/27/17 AMEND: 3620, 3621, 362206/08/17 ADOPT: 8106.2 AMEND: 8106.105/23/17 ADOPT: 3570, 3572, 3573, 3580

AMEND: 3560, 3561, 3562, 3563, 3564,3565, 3571, 3581, 3582, 3590, 3590.1,3590.2, 3590.3

05/11/17 ADOPT: 3999.23

04/17/17 AMEND: 3000, 3030, 3190, 326904/13/17 ADOPT: 2449.1, 2449.2, 2449.3, 2449.4,

2449.5, 3043.1, 3043.2, 3043.3, 3043.4,3043.5, 3043.6, 3490, 3491, 3492, 3493AMEND: 3043, 3043.5 (renumbered to3043.7), 3043.6 (renumbered to 3043.8),3044 REPEAL: 3042, 3043.1, 3043.2,3043.3, 3043.4, 3043.7

04/03/17 ADOPT: 3999.2203/22/17 AMEND: 800603/21/17 ADOPT: 8900 AMEND: 890103/14/17 AMEND: 8004, 8004.303/07/17 AMEND: 3332, 3343

Title 1608/02/17 AMEND: 4161, 4162, 416307/06/17 AMEND: 1398.3, 1398.4, 1398.6,

1398.15, 1398.20, 1398.21, 1398.21.1,1398.23, 1398.28, 1398.37, 1398.44,1398.47, 1398.50, 1398.51, 1398.52,1399, 1399.23, 1399.90, 1399.91,1399.92, 1399.93, 1399.94, 1399.95,1399.96, 1399.97, 1399.98, 1399.99REPEAL: 1398.24, 1398.27, 1398.42

06/23/17 AMEND: 264906/22/17 AMEND: 80.1, 80.2, 87, 87.106/12/17 AMEND: 1399.54606/08/17 ADOPT: 1746.506/07/17 ADOPT: 1399.407, 1399.407.1,

1399.407.2, 1399.407.306/06/17 ADOPT: 1776, 1776.1, 1776.2, 1776.3,

1776.4, 1776.5, 1776.606/05/17 AMEND: 1387, 1387.105/31/17 REPEAL: 3036.1, 3036.2, 3037.1,

3037.205/30/17 AMEND: 170305/24/17 ADOPT: 1001.1, 1001.205/24/17 AMEND: 1399.39505/24/17 AMEND: 1399.434, 1399.437 REPEAL:

1399.43605/10/17 AMEND: 426.10, 426.14, 426.5005/08/17 ADOPT: 1398.26.3 AMEND: 1398.2505/04/17 AMEND: 413003/27/17 AMEND: 1105.203/21/17 AMEND: 1803, 1812, 1813, 1814,

1816.1, 1816.2, 1822.50, 1822.51,1822.52, 1829.1, 1829.2, 1829.3, 1846,1850.6, 1850.7, 1854, 1856, 1877.2,1877.3, 1886, 1886.10, 1886.20,1886.30, 1886.50, 1886.60, 1886.70,1886.80, 1887, 1887.2, 1887.3, 1887.4.0,1887.4.1, 1887.4.2, 1887.4.3, 1887.11.0REPEAL: 1816.8, 1819.1, 1829, 1877,1887, 1887.2,1887.3, 1887.6, 1887.13,1887.14


1234

03/20/17 AMEND: 1732.05, 1732.2, 1732.503/20/17 AMEND: 1751, 1751.403/14/17 ADOPT: 3063.4 AMEND: 472, 472.1,

472.2, 472.3, 472.4, 473, 473.1, 473.2,473.3, 473.4, 3062, 3062.1, 3062.2,3062.3, 3062.4, 3063, 3063.1, 3063.3(renumbered as 3063.2), 3063.4(renumbered as 3063.3).

03/02/17 AMEND: 1707.5

Title 1707/24/17 REPEAL: 105007/17/17 ADOPT: 95665, 95666, 95667, 95668,

95669, 95670, 95671, 95672, 95673,95674, 95675, 95676, 95677

05/10/17 ADOPT: 51000, 51001, 5100205/09/17 ADOPT: 59050, 59051, 59052, 59053,

59054, 59055, 59056, 59057, 59058,59059, 59060, 59061, 59062, 59063,59064, 59065, 59066, 59067, 59068,59069, 59070, 59071, 59072

04/24/17 ADOPT: 51000, 51001, 5100204/17/17 AMEND: 6020104/17/17 ADOPT: 6500.03, 6500.05, 6500.9,

6500.21, 6500.33, 6500.43, 6500.51,6500.55, 6500.58, 6500.71, 6500.78AMEND: 6500.35, 6500.39, 6500.45,6500.50, 6501, 6501.5, 6505, 6506,6506.6, 6506.8, 6506.10 REPEAL:6500.65, 6500.67

04/13/17 ADOPT: 95364.1 AMEND: 95362,95366, 95367, 95369

03/23/17 AMEND: 9500003/20/17 ADOPT: 59000, 59001, 59002, 59003,

59004, 59005, 59006, 59007, 59008,59009, 59010, 59011, 59012, 59013,59014, 59015, 59016, 59017, 59018,59019, 59020, 59021, 59022

Title 1806/19/17 AMEND: 170306/14/17 AMEND: 533205/24/17 ADOPT: 19195−1, 19195−205/15/17 AMEND: 26305/15/17 AMEND: 105105/03/17 ADOPT: 400103/17/17 AMEND: 170303/09/17 AMEND: 1532, 1533.1, 1533.2, 1534,

1535, 1598

Title 1907/06/17 AMEND: 202105/01/17 AMEND: 2020, 202103/24/17 ADOPT: 920, 921, 922, 923, 924, 924.1,

924.2, 924.3, 924.4, 924.5, 924.6, 924.7,924.8, 924.9, 924.10, 924.11, 924.12,925, 925.1, 926, 927, 928, 929, 930, 931,

932, 933, 934, 935, 936, 937, 938, 939,940, 941, 942, 943, 944, 945, 946, 946.1,947, 948

Title 2003/27/17 AMEND: 290903/27/17 AMEND: 1602, 160603/27/17 AMEND: 1606, 1607

Title 2105/25/17 ADOPT: 1478.1, 1478.2 AMEND: 1476

Title 2207/14/17 AMEND: 51255, 5135607/10/17 AMEND: 51490.107/03/17 AMEND: 97700.1, 97700.2, 97700.3,

97700.4, 97700.5, 97700.6, 97700.7,97700.8, 97700.13, 97700.15, 97700.17,97700.18, 97700.19, 97700.20,97700.21, 97700.23, 97700.25,97700.26, 97700.27, 97700.29,97700.31, 97700.32, 97700.33,97700.35, 97700.41, 97700.43,97700.45, 97700.47, 97700.49,97700.51, 97700.53, 97700.55,97700.57, 97700.59, 97700.61,97700.63, 97700.65, 97720, 97722,97724, 97726, 97730, 97731, 97732,97734, 97735, 97737, 97740, 97743,97745, 97747, 97750, 97752, 97755,97757, 97759, 97760

05/11/17 ADOPT: 100057.1, 100057.2 AMEND:100057, 100059, 100059.1, 100059.2,100061, 100062, 100063, 100064,100069, 100070, 100072, 100073,100074, 100075, 100079, 100080,100081, 100083

04/19/17 ADOPT: 69511, 69511.104/18/17 REPEAL: 97770, 97771, 9777204/10/17 ADOPT: 64300, 64305, 64310, 6431503/27/17 AMEND: 5112103/16/17 AMEND: 20100.503/09/17 AMEND: 64806

Title 22, MPP06/21/17 AMEND: 8100105/09/17 AMEND: 87163, 87217, 8777505/02/17 AMEND: 80001, 80061, 81001, 81061,

82001, 82061, 82065, 87101, 8721104/27/17 AMEND: 101216.4, 101417

Title 2306/29/17 ADOPT: 1030, 1032, 1040, 1041, 1042,

1043, 1044, 1045, 104606/28/17 ADOPT: 301006/22/17 ADOPT: 3939.5206/09/17 AMEND: 865 REPEAL: 864.5, 86605/18/17 AMEND: 3939.2305/16/17 ADOPT: 3939.51


1235

03/16/17 ADOPT: 3929.1503/08/17 ADOPT: 3949.1203/07/17 ADOPT: 6000, 6001, 6002, 6003, 6004,

6005, 6006, 6007, 6008, 6009, 6010,6011, 6012, 6013, 6014, 6015

Title 2507/18/17 ADOPT: 5535, 5535.5, 5536, 5536.507/12/17 ADOPT: 6932 REPEAL: 6932

Title 2708/02/17 AMEND: 2700105/11/17 REPEAL: 25607.30, 25607.3105/04/17 AMEND: 2570505/03/17 AMEND: 25805

04/04/17 AMEND: 2580503/21/17 AMEND: 27000

Title 2806/27/17 AMEND: 1300.67.00503/21/17 AMEND: 1300.67.241

Title MPP07/17/17 ADOPT: 31−13706/19/17 AMEND: 40−188, 44−207, 44−316,

44−318, 80−310, 82−518, 82−812REPEAL: 44−314

05/01/17 AMEND: 44−21104/25/17 AMEND: 44−21104/04/17 AMEND: 40−105, 40−131, 40−161


1236