time- dated material - office of administrative law · pdf file03/05/2017 ·...

JANUARY 20, 2017REGISTER 2017, NO. 3−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

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

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Time-DatedMaterial

PROPOSED ACTION ON REGULATIONS

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict−of−Interest Code — Notice File No. Z2017−0110−04 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .AdoptionMulti−County: North Fork Kings Groundwater Sustainability AgencyAmendmentMulti−County: State Water Project Contractors Authority

Elsinore Valley Municipal Water DistrictEast Bay Municipal Utility DistrictGalt Joint Union High School DistrictRoseville Joint Union High School District

TITLE 13. CALIFORNIA HIGHWAY PATROLGeneral Hazardous Materials Regulations — Notice File No. Z2017−0105−01 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSIONCentral Valley Chinook Salmon Sport Fishing — Notice File No. Z2017−0109−02 38. . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 16. RESPIRATORY CARE BOARDFee Increase July 2017 — Notice File No. Z2017−0106−01 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTProposition 65 Malathion No Significant Risk Level (NSRL) — Notice File No. Z2017−0110−03 43. . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

FISH AND GAME COMMISSIONFoothill Yellow−Legged Frog Petition 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 (USPS 002−931), (ISSN 1041-2654) is published weekly by the Officeof Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, asubsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or makechanges to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

PROPOSITION 65

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTProposition 65 Safe Use Determination (SUD) Diisononyl Phthalate 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, August 10, 2016 to January 11, 2017 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 3-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

ADOPTION

MULTI−COUNTY: North Fork Kings Groundwater Sustainability Agency

AMENDMENT

MULTI−COUNTY: State Water Project Contractors Authority

Elsinore Valley Municipal Water District

East Bay Municipal Utility District

Galt Joint Union High School District

Roseville Joint Union High School District

A written comment period has been established com-mencing on January 20, 2017, and closing on March 6,2017. Written comments should be directed to the FairPolitical Practices Commission, Attention Ivy Brana-man, 428 J Street, Suite 620, Sacramento, California95814.

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 hearing

is 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 GovernmentCode 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 March 6, 2017. If apublic hearing is to be held, oral comments may be pre-sented to the Commission at the hearing.

COST TO LOCAL AGENCIES

There shall be no reimbursement for any new or in-creased costs to local government which may 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.


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CONTACT

Any inquiries concerning the proposed conflict−of−interest code(s) should be made to Ivy Branaman, FairPolitical Practices Commission, 428 J Street, Suite 620,Sacramento, California 95814, telephone (916)322−5660.

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 Ivy Branaman, Fair PoliticalPractices Commission, 428 J Street, Suite 620, Sacra-mento, California 95814, telephone (916) 322−5660.

TITLE 13. CALIFORNIA HIGHWAYPATROL

TITLE 13, CALIFORNIA CODE OFREGULATIONS, DIVISION 2, CHAPTER 6,

ARTICLE 3, AMEND SECTIONS 1160.1, 1160.2,1160.3 AND 1160.4

GENERAL HAZARDOUS MATERIALSREGULATIONS (CHP−R−16−05)

In compliance with the requirements of Title 49,United States Code, Chapter 51, Section 5125, and Title49, Code of Federal Regulations (CFR), Part 107, Sub-part C, the California Highway Patrol (CHP) proposesto amend the state’s hazardous materials regulations(HMR) to be consistent with national transportation re-quirements as required by federal law.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

Title 13, California Code of Regulations (CCR), Di-vision 2, Chapter 6, Article 3, Sections 1160 through1167, contain the CHP’s regulations governing thehighway transportation of hazardous materials (HM).These sections contain the general provisions; hazardclassification and shipping names; HM training; and thereporting of incidents involving HM or hazardouswaste.

The proposed rulemaking action will make substan-tive changes to align state and federal HMR for personssubject to federal jurisdiction pursuant to Title 49, CFR,Section 171.1. Adopting and incorporating by refer-

ence the October 1, 2015, edition of the federal HMR, inTitle 13, CCR, Section 1160.2, ensures this alignment.

This action also proposes the amendment of three ad-ditional sections. Title 13, CCR, Section 1160.1, is be-ing amended to clarify which persons may use the ex-ceptions to the state’s HMR and to remove reference toa hazardous materials label which no longer exists in thefederal HMR. Title 13, CCR, Section 1160.3, is beingamended to clarify the definition of a “private carrier”and “hazardous material.” Title 13, CCR, Section1160.4 is being amended to remove documentation re-quirements which are specifically addressed in otherregulations. Lastly, it will also allow an alternatemethod of compliance for carriers to show proof of thehazardous materials transportation license issued by theDepartment.

Upon further evaluation, the CHP has determinedthese are the only regulations concerning the trans-portation of HM. Therefore, the proposed regulationsare neither inconsistent nor incompatible with existingstate regulations.Anticipated Benefits of Proposed Regulation

This amendment would continue to provide a non-monetary benefit to the protection and safety of publichealth, employees, and safety to the environment byproviding a regulatory authority for enforcement ef-forts as they relate to violations of the current HMRfound in Title 49, CFR.

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 Adam RohaP.O. Box 942898 Sacramento, CA 94298−0001

Written comments will be accepted until 5:00 p.m.,on March 6, 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


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(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 for informationshould include the following information: the title ofthe rulemaking package, the requester’s name, propermailing address (including city, state, and zip code), anda daytime telephone number in case the requester’s in-formation is incomplete 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 athttps://www.chp.ca.gov/News−Alerts/Regulatory−Actions.

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 Adam Roha or Sergeant JoshClements, 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.

FISCAL AND ECONOMIC IMPACT/RESULTS OFTHE ECONOMIC IMPACT ANALYSIS

The CHP has made an initial determination that thisproposed regulatory action: (1) will have no effect onhousing costs; (2) will impose no new mandate upon lo-cal agencies or school districts; (3) will involve nonondiscretionary cost or savings to any local agency, nocost to any local agency or school district for which Sec-tions 17500−17630 of the Government Code (GC) re-quire reimbursement, no cost or savings to any stateagency, nor costs or savings in federal funding to thestate; (4) will neither create or eliminate jobs in the stateof California, nor result in the elimination of existingbusinesses, nor create or expand businesses in the stateof California; (5) will have no significant statewide ad-

verse economic impact directly affecting businesses,including the ability of California businesses to com-pete with businesses in other states; and (6) will contin-ue to provide a nonmonetary benefit to the protectionand safety of public health, employees, and safety to theenvironment by providing a regulatory authority for en-forcement efforts as they relate to violations of the cur-rent HMR found in Title 49, CFR. The regulated com-munity is encouraged to respond during the commentperiod of this regulatory process if significant impactsare identified.

COST IMPACTS ON PRIVATE PERSONSOR BUSINESSES

The CHP is not aware of any cost impacts that a pri-vate person or business would incur while maintainingcompliance with the proposed action.

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 federal jurisdiction are cur-rently required to comply with the federal HMR, andtherefore, the mere adoption of regulations to avoid pre-emption or to grant enforcement authority of preexist-ing regulations provides no additional impact on busi-nesses. The proposed regulatory amendment to Title13, CCR, Section 1160.2, is already applicable and en-forceable on businesses subject to federal jurisdictionpursuant to Title 49, CFR, Part 171.

The federal HMR being adopted by reference in Title13, CCR, were subjected to the procedures under theFederal Administrative Procedures Act (FAPA). TheFAPA provided regulated businesses the opportunity toparticipate in the rulemaking process, prior to adoptingthe current federal HMR.

CONSIDERATION OF ALTERNATIVES

In accordance with Government Code Section11346.5(a)(13), the CHP must determine that no rea-sonable alternative it considered or that has otherwisebeen identified and brought to its attention would bemore effective in carrying out the purpose for which theaction is proposed, would be as effective and less bur-densome to affected private persons than the proposedaction, or would be more cost−effective to affected pri-vate persons and equally effective in implementing thestatutory policy or other provision of law. The CHP in-vites interested parties to present statements or argu-ments with respect to alternatives to the proposed regu-lations during the written comment period.


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AVAILABILITY OF FINAL STATEMENTREASONS

Once the Final Statement of Reasons for this pro-posed regulatory action is available, the public may re-quest to review or receive copies of the statement. Re-quests should be directed to the CHP at the above ad-dress, by facsimile to (916) 322−3154, or by calling theCHP, CVS, at (916) 843−3400. All requests for infor-mation should include the following information: the ti-tle of the rulemaking package, the requester’s name,proper mailing address (including city, state, and zipcode), and a daytime telephone number in case the re-quester’s information is incomplete or illegible.

AUTHORITY

This regulatory action is being taken pursuant to Sec-tions 2402.7 and 34501(b) of the California VehicleCode (CVC).

REFERENCE

This action implements, interprets, and/or makesspecific Sections 2402.7, 27903, 34510, 34506, and34501(b) CVC.

TITLE 14. FISH AND GAMECOMMISSION

NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to the au-thority vested by Sections 200, 202, 205, 215, 220, 240,315, and 316.5 of the Fish and Game Code and to imple-ment, interpret or make specific Sections 200, 202, 205,206, 215, and 316.5 of said Code, proposes to amendsubsections (b)(5), (b)(68), and (b)(156.5) of Section7.50, Title 14, California Code of Regulations, relatingto Central Valley Chinook Salmon Sport Fishing.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW — INLAND FISHERIES

The current, 2016, sport fishing regulations allow forChinook Salmon fishing in the American, Feather andSacramento rivers. The Department of Fish andWildlife (Department) is recommending new ChinookSalmon bag and possession limits in the American,Feather, and Sacramento rivers for the 2017 season.

The Pacific Fishery Management Council (PFMC) isresponsible for adopting recommendations for the man-agement of recreational and commercial ocean salmon

fisheries in the Exclusive Economic Zone (three to 200miles offshore) off the coasts of Washington, Oregon,and California. When approved by the Secretary ofCommerce, these recommendations are implementedas ocean salmon fishing regulations by the NationalMarine Fisheries Service (NMFS).

The PFMC will develop the annual Pacific coastocean salmon fisheries regulatory options for public re-view at its March 2017 meeting and develop the finalPFMC regulatory recommendations for adoption byNMFS at its April 2017 meeting.

Based on the action taken by NMFS and the recom-mendation of the Department, the Commission willadopt bag and possession limits for the American,Feather, and Sacramento rivers which may:(1) allow for additional harvest of Chinook Salmon if

low instream flow conditions persist due to theexisting drought to reduce impacts to spawninghabitat;

(2) increase or decrease the current Chinook Salmonbag and possession limits based on the PFMCsalmon abundance estimates andrecommendations for ocean harvest for thecoming season; and

(3) establish a special closure area for winter−runChinook Salmon protection on the SacramentoRiver between Keswick Dam and Highway 44bridge from April 1 to July 31.

BENEFITS OF THE REGULATIONS

As set forth in Fish and Game Code section 1700 it is“the policy of the state to encourage the conservation,maintenance, and utilization of the living resources ofthe ocean and other waters under the jurisdiction and in-fluence of the state for the benefit of all the citizens ofthe state and to promote the development of local fish-eries and distant−water fisheries based in California inharmony with international law respecting fishing andthe conservation of the living resources of the oceansand other waters under the jurisdiction and influence ofthe state.

Adoption of scientifically based Central Valley Chi-nook Salmon bag and possession limits provides for themaintenance of sufficient populations of ChinookSalmon to ensure their continued existence. The bene-fits of the proposed regulations are in concurrence withFederal law, sustainable management of the CentralValley Chinook Salmon resources, and promotion ofbusinesses that rely on Central Valley Chinook Salmonsport fishing.


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CONSISTENCY WITH STATE ANDFEDERAL REGULATIONS

Article IV, section 20 of the State Constitution speci-fies that the Legislature may delegate to the Fish andGame Commission such powers relating to the protec-tion and propagation of fish and game as the Legislaturesees fit. The Legislature has delegated to the Commis-sion the power to regulate recreational fishing in watersof the state (Fish & Game Code, §§ 200, 202, 205). TheCommission has reviewed its own regulations and findsthat the proposed regulations are neither inconsistentnor incompatible with existing state regulations. TheCommission has searched the California Code of Regu-lations and finds no other state agency regulations per-taining to recreational fishing seasons, bag and posses-sion limits. Further, the Commission has determinedthat the proposed regulations are neither incompatiblenor inconsistent with existing federal regulations.

NOTICE IS GIVEN that any person interested maypresent statements, orally or in writing, relevant to thisaction at a hearing to be held in the DoubleTree byHilton Hotel Sonoma, One Doubletree Drive, RohnertPark, California, on Thursday, February 8, 2017 at 8:00a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest-ed may present statements, orally or in writing, relevantto this action at a hearing to be teleconference originat-ing in the Fish and Game Commission conferenceroom, 1416 Ninth Street, Suite 1320, Sacramento, Cali-fornia, on Thursday, April 13, 2017, at 8:30 a.m., or assoon thereafter as the matter may be heard. It is request-ed, but not required, that written comments be submit-ted on or before 5:00 p.m. on March 29, 2017 at the ad-dress given below, or by email to [email protected] comments mailed, or emailed to the Commis-sion office, must be received before 12:00 noon onApril 7, 2017. All comments must be received no laterthan April 13, 2017, at the teleconference hearing. Ifyou would like copies of any modifications to this pro-posal, please include your name and mailing address.

AVAILABILITY OF DOCUMENTS

The Initial Statement of Reasons, text of the regula-tions, as well as all related documents upon which theproposal is based (rulemaking file), are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Box 944209,Sacramento, California 94244−2090, phone (916)653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the reg-ulatory process to Valerie Termini or Melissa Miller−Henson at the preceding address or phone number.

Roger Bloom, Environmental Program Manager,Department of Fish and Wildlife, has been designat-ed to respond to questions on the substance of theproposed regulations. Mr. Bloom can be reached at(916) 445−3777 or [email protected] of the Notice of Proposed Action, the InitialStatement of Reasons, and the text of the regulation inunderline and strikeout can be accessed through ourwebsite at http://www.fgc.ca.gov.

AVAILABILITY OF MODIFIED TEXT

If the regulations adopted by the Commission 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. Circumstances beyond thecontrol of the Commission (e.g., timing of Federal reg-ulation adoption, timing of resource data collection,timelines do not allow, etc.) or changes made to be re-sponsive to public recommendation and comments dur-ing the regulatory process may preclude full compli-ance with the 15−day comment period, and the Com-mission will exercise its powers under Section 202 ofthe Fish and Game Code. Regulations adopted pursuantto this section are not subject to the time periods foradoption, amendment or repeal of regulations pre-scribed in Sections 11343.4, 11346.4 and 11346.8 of theGovernment Code. Any person interested may obtain acopy of said regulations prior to the date of adoption bycontacting the agency representative named herein.

If the regulatory proposal is adopted, the final state-ment of reasons may be obtained from the addressabove when it has been received from the agency pro-gram staff.

IMPACT OF REGULATORY ACTION/RESULTSOF THE ECONOMIC IMPACT ASSESSMENT

The potential for significant statewide adverse eco-nomic impacts that might result from the proposed reg-ulatory action has been assessed, and the following ini-tial determinations relative to the required statutory cat-egories have been made:(a) Significant Statewide Adverse Economic Impact

Directly Affecting Businesses, including theAbility of California Businesses to Compete withBusinesses in Other States:The proposed action will not have a significantstatewide adverse economic impact directlyaffecting businesses, including the ability ofCalifornia businesses to compete with businessesin other states. The Department anticipates statusquo fishing levels for April 2017 as compared tothe April 2016 ocean salmon sport fishing season.


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(b) Impact on the Creation or Elimination of JobsWithin the State, the Creation of New Businessesor the Elimination of Existing Businesses, or theExpansion of Businesses in California; Benefits ofthe Regulation to the Health and Welfare ofCalifornia Residents, Worker Safety, and theState’s Environment:

The Commission does not anticipate that theproposed regulations will have any impact on thecreation or elimination of jobs, the creation orelimination of businesses or the expansion ofbusinesses in California because no changes infishing activity levels are expected.

The Commission anticipates benefits to the healthand welfare of California residents. Salmon sportfishing contributes to increased mental health ofits practitioners, provides opportunities formulti−generational family activities and promotesrespect for California’s environment by the futurestewards of California’s natural resources.

The Commission anticipates benefits to the State’senvironment in the sustainable management ofsalmon resources.

Additional benefits of the proposed regulationsare concurrence with federal law, and promotionof businesses that rely on recreational oceansalmon fishing.

The Commission does not anticipate benefits toworker safety.

(c) Cost Impacts on a Representative Private Personor Business:

The agency is not aware of any cost impacts that arepresentative private person or business wouldnecessarily incur in reasonable compliance withthe proposed action.

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

(e) Nondiscretionary Costs/Savings to LocalAgencies: None.

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

(g) Costs Imposed on Any Local Agency or SchoolDistrict that is Required to be Reimbursed UnderPart 7 (commencing with Section 17500) ofDivision 4, Government Code: None.

(h) Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS

It has been determined that the adoption of these reg-ulations may affect small business. The Commissionhas drafted the regulations in Plain English pursuant toGovernment Code Sections 11342.580 and11346.2(a)(1).


The Commission must determine that no reasonablealternative considered by the Commission, or that hasotherwise been identified and brought to the attention ofthe Commission, would be more effective in carryingout the purpose for which the action is proposed, wouldbe as effective and less burdensome to affected privatepersons than the proposed action, or would be more costeffective to affected private persons and equally effec-tive in implementing the statutory policy or other provi-sion of law.

TITLE 16. RESPIRATORY CAREBOARD

NOTICE IS HEREBY GIVEN that the RespiratoryCare Board of California (Board) is proposing to takethe action described in the Informative Digest.

Any person interested may present statements or ar-guments orally or in writing relevant to the action pro-posed at a hearing to be held at the Respiratory CareBoard of California at 3750 Rosin Court, Suite 100,Sacramento, California 95834, at 10:00 a.m. on March6, 2017. Written comments, including those sent bymail, facsimile, or e−mail to the addresses listed underContact Person in this Notice, must be received by theBoard at its office not later than 5:00 p.m. on March 6,2017, or must be received by the Board at the hearing.

The Board, upon its own motion or at the instance ofany interested party, may thereafter adopt the proposalssubstantially as described below or may modify suchproposals if such modifications are sufficiently relatedto the original text. With the exception of technical orgrammatical changes, the full text of any modified pro-posal will be available for 15 days prior to its adoptionfrom the person designated in this Notice as contact per-son and will be mailed to those persons who submitwritten or oral testimony related to this proposal or whohave requested notification of any changes to theproposal.Authority and Reference Pursuant to the authority vested by Section 3722 of theBusiness and Professions Code (B & PC), and to


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implement, interpret or make specific sections 3775and 3775.5 of said Code, the Board is consideringamendments to Section 1399.395 of Division 13.6 ofTitle 16 of the California Code of Regulations (CCR) asfollows:

A. Informative DigestIn accordance with the provisions of the Administra-

tive Procedures Act, B & PC section 3722 authorizesthe Board to adopt rules and regulations declaring poli-cy of the Board, and for the administration of Chapter8.3 of said code, known as the Respiratory Care PracticeAct.

B & PC section 3775 establishes the statutory maxi-mum fee schedule for biennial renewal of a respiratorycare practitioner license. B & PC section 3775 also es-tablishes the criteria to determine the delinquency feefor licenses that are not renewed prior to their expira-tion, as well as licensees renewed more than two yearsfollowing license expiration. B & PC section 3775.5 es-tablishes the fee for an inactive license.

This rulemaking action seeks to amend Division 13.6of Title 16 of CCR section 1399.395 to increase the li-cense renewal and delinquent fees for a respiratory carepractitioner license. Under existing law, CCR section1399.395 states the Board’s fee schedule shall be adopt-ed pursuant to sections 3775 and 3775.5 of the B & PC.CCR section 1399.395 sets forth the fee schedule for thebiennial renewal of a respiratory care practitioner li-cense. The renewal fee was last increased on January 1,2002.

The proposed regulatory action is anticipated to gointo effect on July 1, 2017. The implementation of thefee increases will make the following changes to theexisting regulation:

Amend section 1399.395 of Division 13.6 of Title 16of the California Code of Regulations:

The proposed amendments raise the renewal fee forrespiratory care practitioners from $230 to $250 effec-tive July 1, 2017.

Pursuant to B & PC section 3775, and in response tothe proposed renewal fee increase, the delinquency feeimposed on those that fail to renew their license prior toexpiration will also increase. As mandated by section3775, if renewed not more than two years from the dateof expiration, a delinquency fee shall be 100 percent ofthe renewal fee in effect at the time of renewal. Howev-

er, if the license is renewed after two years, but not morethan three years from the date of the expiration of the li-cense, the delinquency fee shall be 200 percent of the re-newal in effect at the time of renewal.

The necessity and need for this proposed regulatoryaction is to ensure future fiscal solvency for the Board.Current budget projections indicate there will be insuf-ficient funds to support Board operations after FY16/17. Analysis of the Board’s Fund Balance measuredby Months in Reserve projects that at the end of the cur-rent fiscal year 2016/17, a 2.4 month reserve will exist.However, the reserve is projected to steadily decline inthe following fiscal years to the point where there willbe a −4.0 month deficit at the end of FY 2018/19. Cor-recting the Board’s structural imbalance will beunattainable without a renewal fee increase.

The fund balance provides specific information onthe Board’s current fund as well as projections for futureyears. There are several factors that have contributed tothe fund’s imbalance such as the BreEZe system, em-ployee benefits, and enforcement expenses, to name afew. In addition, renewal and delinquency fees have re-mained unchanged since 2002, while inflation has in-creased steadily over the years. According to the Con-sumer Price Index, the rate of inflation is calculated at30.75 percent since 2002, and 58.00 percent since 1994.A review of the Board’s fund condition demonstratesthat while the overall revenue of the Board has in-creased by 43 percent between FY 2002/03 and FY2015/16, Board expenditures for the same period haveincreased by 80 percent.B. Policy Statement Overview/Anticipated Benefits

of the Proposed Regulations The Board regulates approximately 24,000 licensed

respiratory care practitioners. Through this rulemaking,the Board proposes to amend section 1399.395 of theCCR to increase renewal and delinquent fees. This pro-posal is necessary to ensure sufficient resources areavailable to maintain current Board operations to meetits consumer protection mandate.

B & PC section 3710.1 specifies, “Protection of thepublic shall be the highest priority for the [Board] in ex-ercising its licensing, regulatory, and disciplinary func-tions. Whenever the protection of the public is inconsis-tent with other interests sought to be performed, the pro-tection of the public shall be paramount.”

Adoption and implementation of this proposed actionwould neutralize and correct the aforementioned FundBalance decline and provide for a modest reserve foreconomic uncertainties through FY 2018/19. Withoutsufficient funding levels the Board will not be able tocarry out its mandate to protect the health, safety, andwelfare of California consumers.


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C. Consistency and Compatibility With ExistingRegulations

After conducting a review for any regulations thatwould relate to or affect this area, the Board has con-cluded that this is the only regulation that concerns re-newal and delinquent fees for respiratory care practi-tioners. This proposed regulatory action is consistentand compatible with existing state regulations.

FISCAL IMPACT ESTIMATES

Fiscal Impact on Public Agencies Including Costs orSavings to State Agencies or Costs/Savings in FederalFunding to the State:

It is estimated that the proposed fee increases will re-sult in an increase in Board revenues beginning FY17/18 by approximately $200,000.

The Board does not anticipate any impact on federalfunding.

Nondiscretionary Costs/Savings to Local Agencies:None.

Local Mandate: None.Cost to Any Local Agency or School District for WhichGovernment Code Sections 17500−17630 RequireReimbursement: None.

Business ImpactThe Board has made an initial determination that the

proposed regulatory action would have no significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states.Cost Impact on Representative Private Person orBusiness:

The cost impacts that a representative private personor business would necessarily incur in reasonable com-pliance with the proposed action and that are known tothe Board are costs associated with the increased re-newal fee for a respiratory care practitioner licensefrom $230 to $250. Those costs are estimated to be $20every renewal cycle (two years) for each active licensedrespiratory care practitioner.

Effect on Housing Costs: None

RESULTS OF THE ECONOMIC IMPACTASSESSMENT/ANALYSIS

Impact on Jobs/New BusinessesThe Board has determined that this regulatory pro-

posal will not have any impact on the creation of jobs ornew businesses or the elimination of jobs or existingbusinesses or the expansion of businesses in the State ofCalifornia.

Effect on Small Business The Board has determined that this regulatory pro-

posal will not impact small businesses in the State ofCalifornia, as the proposed amendments affect only in-dividual respiratory care practitioners renewing theirBoard−issued license.Benefits of Regulation

The Board has determined that this regulatory pro-posal will primarily benefit California consumers byensuring sufficient revenue levels are maintained forthe Board to administer and enforce the provisions ofthe Respiratory Care Practice Act. Specifically, thisproposal is designed to enable the Board to continue itslicensing, disciplinary, and oversight operations in theinterest of the health, safety, and welfare of Californiaconsumers by ensuring only actively licensed practi-tioners are providing respiratory care services.Consideration of Alternatives

The Board must determine that no reasonable alterna-tive it considered to the regulation or that has otherwisebeen identified and brought to its attention would eitherbe more effective in carrying out the purpose for whichthe action is proposed or would be as effective and lessburdensome to affected private persons than the pro-posal described in this Notice, or would be more cost ef-fective to affected private persons and equally effectivein implementing the statutory policy or other provisionof law.

Any interested person may present written statementsrelevant to the above determinations to the Board at theaddress indicated under the contact person listed below.Initial Statement of Reasons and Information

The Board has prepared an initial statement of thereasons for the proposed action and has available all theinformation upon which the proposal is based.Text of Proposal

Copies of the exact language of the proposed regula-tion, and of the initial statement of reasons, includingany document incorporated by reference, and all of theinformation upon which the proposal is based, may beobtained upon request to the Board at 3750 Rosin Court,Suite 100, Sacramento CA 95834 or on the Board’swebsite at www.rcb.ca.gov.Availability and Location of the Final Statement ofReasons and Rulemaking File

All the information upon which the proposed regula-tions are based is contained in the rulemaking file whichis available for public inspection by contacting the per-son named below. You may obtain a copy of the finalstatement of reasons once it has been prepared, by mak-ing a written request to the contact person named below,or by accessing the website listed at the end of this no-tice.


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Contact Person Inquiries or comments concerning the proposed rule-

making action may be addressed to:

Name: Christine Molina Address: 3750 Rosin Court, Suite 100

Sacramento, CA 95834 Telephone

No.: (916) 999.2190 Fax No.: (916) 263.7311 E−Mail

Address: [email protected]

The backup contact person is:

Name: Stephanie Nunez Address: 3750 Rosin Court, Suite 100

Sacramento, CA 95834 Telephone

No.: (916) 999.2190Fax No.: (916) 263.7311 E−Mail

Address: [email protected]

Website Access: Materials regarding this proposalcan be found at www.rcb.ca.gov.

TITLE 27. OFFICE OFENVIRONMENTAL HEALTH HAZARD

ASSESSMENT

SAFE DRINKING WATER AND TOXICENFORCEMENT ACT OF 1986

PROPOSITION 65

AMENDMENT TO SECTION 25705

SPECIFIC REGULATORY LEVELS POSINGNO SIGNIFICANT RISK:

MALATHION

NOTICE IS HEREBY GIVEN that the Office of En-vironmental Health Hazard Assessment (OEHHA) pro-poses to adopt a Proposition 651 No Significant RiskLevel (NSRL) of 180 micrograms per day formalathion, by amending Title 27, California Code ofRegulations, section 25705(b)2.

1 The Safe Drinking Water and Toxic Enforcement Act of 1986,codified at Health and Safety Code section 25249.5 et seq., re-ferred to herein as “Proposition 65” or “The Act.”2 All further regulatory references are to sections of Title 27 of theCalifornia Code of Regulations unless otherwise indicated.

PUBLIC PROCEEDINGS

Any written comments concerning this proposed ac-tion must be received by OEHHA by 5:00 p.m. onMarch 6, 2017, the designated close of the written com-ment period. All comments received will be posted onthe OEHHA website at the close of the public commentperiod.

The public is encouraged to submit written informa-tion via e−mail, rather than in paper form. Send e−mailcomments to [email protected] include “Malathion NSRL” in the subject line.Hard−copy comments may be mailed, faxed, or deliv-ered in person to the appropriate address below.

Mailing Address: Monet Vela

Office of Environmental Health Hazard Assessment

P.O. Box 4010, MS−23B Sacramento, California

95812−4010Fax: (916) 323−2517 Street

Address: 1001 I Street Sacramento, California 95814

Please be aware that OEHHA is subject to the Cali-fornia Public Records Act and other laws that requirethe release of certain information upon request. Com-ments on all regulatory and other actions are routinelyposted on our website. By sending us your commentsyou are waiving any right to privacy you may have inthe information you provide. Individual commentersshould advise OEHHA when submitting documents torequest redaction of home address or personal tele-phone numbers. Names of commenters will not beredacted.

A public hearing on this proposed regulatory amend-ment will be scheduled on request. To request a hearingsend an e−mail to Monet Vela at [email protected] or to the address listed above by no later thanFebruary 20, 2017, which is 15 days before the close ofthe comment period. OEHHA will mail a notice of thehearing to the requester and interested parties on theProposition 65 mailing list for regulatory public hear-ings. The notice will also be posted on the OEHHAwebsite at least ten days before the public hearing date.The notice will provide the date, time, and location ofthe hearing.

If a hearing is scheduled and you have special accom-modation needs, please contact Monet Vela at (916)323−2517 or [email protected] at least oneweek in advance of the hearing. TTY/TDD/Speech−to−Speech users may dial 7−1−1 for the California RelayService.


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CONTACT

Please direct inquiries concerning the proposed regu-latory action described in this notice to Monet Vela, [email protected] or by telephone at (916)323−2517. Fran Kammerer is a back−up contact personfor inquiries concerning processing of this action and isavailable at [email protected] or (916)445−4693.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

Proposition 65 prohibits a person in the course of do-ing business from knowingly and intentionally expos-ing any individual to a chemical that has been listed asknown to the state to cause cancer or reproductive toxic-ity, without first giving clear and reasonable warning tosuch individual3. The Act also prohibits a business fromknowingly discharging a listed chemical into water oronto or into land where such chemical passes or proba-bly will pass into any source of drinking water4.

For carcinogens, an exemption from the warning re-quirement is provided by Proposition 65 when the ex-posure for which the person is responsible can bedemonstrated to produce no significant risk or when adischarge which otherwise complies with all applicablerequirements would not cause any significant amountof the discharged or released chemical to enter anysource of drinking water5. A determination that a levelof exposure poses no significant risk may be made uti-lizing regulations that have previously been adopted byOEHHA (Sections 25701−25721). Section 25701 de-scribes alternative methods for making such a determi-nation. Section 25705 sets forth the process for deter-mining “no significant risk” levels for purposes ofProposition 65 and establishes those levels for certainlisted chemicals.

Details on the basis for the proposed NSRL formalathion are provided in the Initial Statement of Rea-sons for this regulatory amendment, which is availableon request from Monet Vela and is posted on theOEHHA website at www.oehha.ca.gov.

This proposed amendment to section 25705 wouldadd an NSRL for malathion by amending Section25705(b) as follows (addition in underline):

Chemical NSRL, in micrograms per day Malathion 180

To develop the proposed NSRL for malathion,OEHHA relied on Volume 112 in the series of Interna-tional Agency for Research on Cancer (IARC) Mono-

3 Health and Safety Code section 25249.6.4 Health and Safety Code section 25249.5.5 Health and Safety Code sections 25249.9 and 25249.10.

graphs on the Evaluation of Carcinogenic Risks to Hu-mans entitled “Some Organophosphate Insecticidesand Herbicides: Diazinon, Glyphosate, Malathion,Parathion, and Tetrachlorvinphos”6, which summa-rizes the available data from rodent carcinogenicitystudies of malathion, as well as other information rele-vant to the carcinogenic activity of the chemical. OE-HHA selected studies reviewed in the IARC mono-graph that met the criterion in Section 25703 as beingsensitive scientific studies of sufficient quality for can-cer dose response assessment. The derivation of theNSRL for malathion is discussed in more detail in theInitial Statement of Reasons for this proposed regulato-ry amendment.Anticipated Benefits of the Proposed Regulation

Some businesses may not be able to afford the ex-pense of establishing an NSRL and therefore may be ex-posed to litigation for a failure to warn or for a prohibit-ed discharge of the listed chemical. By providing anNSRL, this regulatory proposal spares businesses theexpense of calculating their own NSRL and may alsoenable them to reduce or avoid litigation costs. In addi-tion, the NSRL does not require, but may encourage,businesses to lower the amount of the listed chemical intheir product to a level that does not cause a significantexposure, thereby providing a public health benefit toCalifornians. This in turn may reduce exposure tomalathion and reduce resident, worker and environ-mental exposures to chemicals that cause cancer.No Inconsistency or Incompatibility with ExistingRegulations

After conducting an evaluation on any related regula-tions in this area, the Office has found that this is the on-ly regulation dealing with Proposition 65 No Signifi-cant Risk Levels for this specific chemical. Therefore,OEHHA has determined that the proposed regulation isneither inconsistent nor incompatible with existingstate regulations. The proposed regulation does not im-pose any mandatory requirements on businesses, state,or local agencies and does not address compliance withany other law or regulation.

RESULTS OF ECONOMIC IMPACT ANALYSIS(Gov. Code section 11346.3(b))

Impact on the Creation, Elimination, or Expansionof Jobs/Businesses in California

6 International Agency for Research on Cancer (IARC, 2015).IARC Monographs on the Evaluation of Carcinogenic Risks toHumans, Volume 112, Some Organophosphate Insecticides andHerbicides: Diazinon, Glyphosate, Malathion, Parathion, andTetrachlorvinphos. IARC, World Health Organization, Lyon,France. Available from: http://monographs.iarc.fr/ENG/Monographs/vol112/index.php.


45

This regulatory proposal will not affect the creationor elimination of jobs within the State of California.Proposition 65 requires businesses with ten or more em-ployees to provide warnings when they expose peopleto chemicals that are known to cause cancer. The law al-so prohibits the discharge of listed chemicals intosources of drinking water. Malathion is listed underProposition 65; therefore, effective May 20, 2017, busi-nesses that manufacture, distribute or sell products withmalathion in the state must provide a warning if theirproduct or activity exposes the public or employees tosignificant amounts of this chemical. The regulatoryproposal does not create additional compliance require-ments, but instead provides a “safe harbor” value thataids businesses in determining whether a warning is re-quired for a given exposure.

Because the proposed NSRL provides complianceassistance to businesses subject to the Act, but does notimpose any mandatory requirements on those business-es, OEHHA has determined that the proposed regulato-ry action will not have any impact on the creation orelimination of jobs, the creation of new businesses orthe elimination of existing businesses, or the expansionof businesses currently doing business within the Stateof California.

Benefits of this regulation include sparing businessesthe expense of calculating their own NSRL and possi-bly enabling them to reduce or avoid litigation costs.Providing an NSRL may encourage businesses to lowerthe amount of the listed chemical in their product to alevel that does not cause a significant exposure, therebyproviding a public health benefit to Californians. Thisin turn may reduce exposure to malathion and reduceresident, worker and environmental exposures to chem-icals that cause cancer.

PEER REVIEW

This notice and the Initial Statement of Reasons arebeing provided to the OEHHA Science AdvisoryBoard’s Carcinogen Identification Committee for re-view and comment.

AUTHORITY

Health and Safety Code Section 25249.12.

REFERENCE

Health and Safety Code Sections 25249.5, 25249.6,25249.9, 25249.10 and 25249.11.

IMPACT ON LOCAL AGENCIES ORSCHOOL DISTRICTS

Because Proposition 65 expressly7 does not apply tolocal agencies or school districts, OEHHA has deter-mined the proposed regulatory action would not imposea mandate on local agencies or school districts nor doesit require reimbursement by the State pursuant to Part 7(commencing with Section 17500) of Division 4 of theGovernment Code. OEHHA has also determined thatno nondiscretionary costs or savings to local agenciesor school districts will result from the proposed regula-tory action.

COSTS OR SAVINGS TO STATE AGENCIES

Because Proposition 65 expressly8 does not apply toany state agency, OEHHA has determined that no sav-ings or increased costs to any state agency will resultfrom the proposed regulatory action.

EFFECT ON FEDERAL FUNDING TOTHE STATE

Because Proposition 65 expressly9 does not apply toany federal agency, OEHHA has determined that nocosts or savings in federal funding to the State will re-sult from the proposed regulatory action.

EFFECT ON HOUSING COSTS

OEHHA has determined that the proposed regulatoryaction will have no effect on housing costs because itprovides compliance assistance to businesses subject toProposition 65, but does not impose any mandatory re-quirements on those businesses.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY AFFECTING

BUSINESS, INCLUDING ABILITY TO COMPETE

Because the proposed regulatory level provides com-pliance assistance to businesses subject to Proposition65, but does not impose any mandatory requirements onthose businesses, OEHHA has made an initial determi-nation that the adoption of the regulation will not have asignificant statewide adverse economic impact directlyaffecting businesses, including the ability of Californiabusinesses to compete with businesses in other states.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

The proposed NSRL was developed to provide com-pliance assistance for businesses in determining

7 See Health and Safety Code section 25249.11(b).8 See Health and Safety Code section 25249.11(b).9 See Health and Safety Code section 25249.11(b).


46

whether a warning is required or a discharge is prohibit-ed. The NSRL provides a level of exposure at or belowwhich a warning is not required and a discharge is notprohibited. Use of the NSRL is not mandatory. The im-plementing regulations allow a business to calculate itsown level and provide guidance in order to assist busi-nesses in doing so10. However, conducting such aprocess can be expensive and time consuming, and theresulting levels may not be defensible in an enforce-ment action. OEHHA is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

EFFECT ON SMALL BUSINESSES

OEHHA has determined that the proposed regulationwill not impose any mandatory requirements on smallbusiness. Rather, the proposed NSRL will provide com-pliance assistance for small businesses subject to theAct because it will help them determine whether or notan exposure for which they are responsible is subject tothe warning requirement or discharge prohibition of theAct.


Government Code section 11346(a)(13) requires thatOEHHA must determine that no reasonable alternativeconsidered by OEHHA or that has otherwise been iden-tified and brought to the attention of OEHHA would bemore effective in carrying out the purpose for which theaction is proposed, would be as effective and less bur-densome to affected private persons than the proposedaction, or would be more cost−effective to affected pri-vate persons and equally effective in implementing thestatutory policy or other provision of law than the pro-posal described in this Notice.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

OEHHA has prepared and has available for public re-view an Initial Statement of Reasons for the regulation,all the information upon which the regulation is basedand the text of the regulation. A copy of the Initial State-ment of Reasons, the text of the regulation and the docu-ments relied on to develop the proposed regulation areavailable upon request from OEHHA at the address andtelephone number indicated above. These documentsare also posted on OEHHA’s website at www.oehha.ca.gov.

10 Title 27, Cal. Code of Regs., section 25801 et. seq.

AVAILABILITY OF CHANGED ORMODIFIED TEXT

The full text of any regulation which is changed ormodified from the express terms of this proposed actionwill be made available at least 15 days prior to the dateon which OEHHA adopts the resulting regulation. No-tice of the comment period on changed regulations andthe full text will be mailed to individuals who testifiedor submitted written comments at the public hearing, ifheld, or whose comments were received by OEHHAduring the public comment period, and anyone who re-quests notification from OEHHA of the availability ofsuch changes. Copies of the notice and the changed reg-ulation will also be available on the OEHHA website atwww.oehha.ca.gov.

FINAL STATEMENT OF REASONS

A copy of the Final Statement of Reasons for this reg-ulatory action may be obtained, when it becomes avail-able, from OEHHA at the address and telephone num-ber indicated above, and on the OEHHA website atwww.oehha.ca.gov.

GENERAL PUBLIC INTEREST

FISH AND GAME COMMISSION

NOTICE IS HEREBY GIVEN that, pursuant to theprovisions of Section 2073.3 of the Fish and GameCode, the California Fish and Game Commission(Commission), on December 14, 2016, received a peti-tion from the Center for Biological Diversity to listfoothill yellow−legged frog (Rana boylii) as threatenedunder the California Endangered Species Act.

Foothill yellow−legged frogs inhabit partially shad-ed, rocky perennial streams and rivers at low to moder-ate elevations, across a range of vegetation types in-cluding chaparral, oak woodland, mixed coniferousforest, riparian sycamore and cottonwood forest, andwet meadows.

Pursuant to Section 2073 of the Fish and Game Code,on December 22, 2016, the Commission transmitted thepetition to the California Department of Fish andWildlife (Department) for review pursuant to Section2073.5 of said code. It is anticipated that the Depart-ment’s evaluation and recommendation relating to thepetition will be received by the Commission at its April26−27, 2017 meeting in Van Nuys.

Interested parties may contact T.O. Smith, WildlifeBranch, Department of Fish and Wildlife, 1812 NinthStreet, Sacramento, CA 95811 [530−225−2062 [email protected]], for information on


47

the petition or to submit information to the Departmentrelating to the petitioned species.

PROPOSITION 65

OFFICE OF ENVIRONMENTALHEALTH HAZARD ASSESSMENT

SAFE DRINKING WATER AND TOXICENFORCEMENT ACT OF 1986

(PROPOSITION 65)

NOTICE TO INTERESTED PARTIES

ISSUANCE OF A SAFE USE DETERMINATIONFOR DIISONONYL PHTHALATE (DINP) INPHIFERTEX® FABRIC USED IN OUTDOOR

FURNITURE PRODUCTS

The California Environmental Protection Agency’sOffice of Environmental Health Hazard Assessment(OEHHA) is the lead agency for the implementation ofthe Safe Drinking Water and Toxic Enforcement Act of19861. OEHHA received a request for a Safe Use Deter-mination (SUD) for diisononyl phthalate (DINP)2 inPhifertex® fabric used in outdoor furniture products.The request was made by McKenna Long & Aldridge(MLA) LLP, on behalf of Phifer Incorporated, pursuantto OEHHA’s authority under Section 25204(a) of Title27 of the California Code of Regulations3. The productscovered by this request are Phifertex® fabrics contain-ing up to 25% DINP, when used in outdoor furnitureproducts.

In accordance with the process set forth in Section25204(f), OEHHA held a written public comment peri-od on this request from February 13 to March 30, 2015.OEHHA also held a public hearing on March 30, 2015,in Sacramento, California. No public comments werereceived.

As provided in Sections 25204(a) and (k), OEHHA isissuing the following SUD to Phifer Incorporated forDINP in Phifertex® fabric used in outdoor furnitureproducts:

1 The Safe Drinking Water and Toxics Enforcement Act of 1986,commonly known as Proposition 65, is codified at Health andSafety Code section 25249.5 et seq.2DINP was listed under Proposition 65 as a chemical known to thestate to cause cancer effective December 20, 2013.3All further references are to sections of Title 27 of the CaliforniaCode of Regulations unless otherwise stated.

� OEHHA is issuing a safe use determination forDINP in Phifertex® fabric containing up to 25%DINP used in outdoor furniture products.

The essential elements and results of OEHHA’s as-sessment are described in the supporting documentavailable at: http://oehha.ca.gov/proposition−65/proposition−65−safe−use−determinations−suds.

Based on the screening level exposure analysis de-scribed in the supporting documentation, an upper−endestimate was made of DINP exposure from Phifertex®fabric containing up to 25% DINP for users of outdoorfurniture products made with this fabric. This upper−end estimate of DINP exposure, 52.1 micrograms perday (�g/day), was compared to the No Significant RiskLevel (NRSL) for DINP of 146 �g/day. Thus, the esti-mated exposure to DINP from Phifertex® fabric con-taining up to 25% DINP for users of outdoor furnitureproducts made with this fabric is below the NSRL andcorresponds to an excess cancer risk of less than one in100,000. A warning is not required for consumer expo-sure to DINP from Phifertex® fabric containing up to25% DINP used in outdoor furniture products.

Supporting documentation for the Safe Use Determi-nation is available on OEHHA’s website athttp://oehha.ca.gov/proposition−65/proposition−65−safe−use−determinations−suds.

Questions regarding this notice should be directed to:

Michelle RamirezOffice of Environmental Health Hazard AssessmentP.O. Box 4010, MS−12B Sacramento, California 95812−4010

[email protected] Telephone: (916) 445−6900

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# 2016−1202−02BOARD OF EQUALIZATIONEmergency Telephone Users Surcharge


48

Assembly Bill 1717 (AB1717) (Stats. 2014, ch. 885)established the Prepaid Mobile Telephony ServicesSurcharge Collection Act (Prepaid MTS Act) and theLocal Prepaid Mobile Telephony Services CollectionAct (Local Act). The bill also amended and added cer-tain Revenue and Taxation sections with respect to theEmergency Telephone Users Surcharge Act, which im-poses what has commonly come to be known as the“911 surcharge” because it funds the “911” emergencysystem. In this rulemaking the Board of Equalization(Board) is adopting regulations to provide guidance tosellers that are required to collect the prepaid MTS sur-charge and local charges from prepaid consumers, in-cluding guidance with respect to their registration andreporting requirements, the payment and collection ofthe prepaid MTS surcharge and local charges, recordkeeping, sales of prepaid MTS for resale, bad debts,bundled transactions, lifeline transactions, credits, re-lief from liability, excess charges, and claims for re-fund. These regulations also clarify and provide guid-ance to local agencies and jurisdictions with respect tolocal charges, their notice requirements, contractingwith the Board, the Board’s posting and calculation ofcombined rates, and the Board’s and local jursdictions’and agencies’ functions with regard to the administra-tion of local charges.

Title 18ADOPT: 2460, 2461, 2462Filed 01/11/2017Effective 01/11/2017Agency Contact: Richard Bennion (916) 445−2130

File# 2016−1201−05BOARD OF OCCUPATIONAL THERAPYTelehealth

This action by the Board of Occupational Therapyamends section 4172 of title 16 of the California Codeof Regulations to update standards of practice for tele-health and make consent requirements consistent withSection 2290.5 of the Business and Professions Code.

Title 16AMEND: 4172Filed 01/11/2017Effective 04/01/2017Agency Contact: Heather Martin (916) 263−2294

File# 2016−1201−04BOARD OF OPTOMETRYSponsored Free Health Care Events — RegistrationForm

This action without regulatory effect by the Board ofOptometry revises a form incorporated by reference insection 1508.1 of title 16 of the California Code of Reg-

ulations (Form 901−A) to update contact informationand amends section 1508.1 to reflect Form 901−A’s newrevision date.

Title 16AMEND: 1508.1Filed 01/04/2017Agency Contact: Joanne Stacy (916) 575−7182

File# 2016−1212−01CALIFORNIA COMMISSION ON THE STATUS OFWOMEN AND GIRLSConflict−of−Interest Code

This is a Conflict−of−Interest code that has been ap-proved by the Fair Political Commission and is beingsubmitted for filing with the Secretary of State andprinting only.

Title 2ADOPT: 59810Filed 01/11/2017Effective 02/10/2017Agency Contact:

Nancy Kirshner−Rodriguez (916) 651−5405

File# 2016−1208−01CALIFORNIA ENERGY COMMISSIONConflict−of−Interest Code

This is a Conflict−of−Interest Code that has been ap-proved by the Fair Political Practices Commission andis being submitted for filing with the Secretary of Stateand printing only.

Title 20AMEND: 2401, 2402Filed 01/05/2017Effective 02/04/2017Agency Contact:

Jennifer Martin−Gallardo (916) 651−3748

File# 2016−1122−01CALIFORNIA POLLUTION CONTROLFINANCING AUTHORITYCPCFA — General Fees and SBAF Fee

This certificate of compliance action makes emer-gency amendments permanent to (1) waive the bond re-funding fee formula to small businesses where newmoney amount issued is larger than the amount of thebonds refunded; (2) temporarily waive the Small Busi-ness Assistance Fund (SBAF) fee; and (3) temporarilywaive half of the SBAF fee upon expiration of theSBAF fee waiver.

Title 4AMEND: 8034, 8035Filed 01/09/2017Effective 01/09/2017Agency Contact: Andrea Gonzalez (916) 651−7284


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File# 2016−1128−04DEPARTMENT OF FAIR EMPLOYMENT ANDHOUSINGNondiscrimination in State−Supported Programs andActivities

This action by the Department of Fair Employmentand Housing (Department) transfers and renumbersregulatory provisions relating to the prohibition of dis-crimination in state−funded programs and activitiesfrom title 22 into title 2 of California Code of Regula-tions. This change transfers these regulations from theHealth and Human Services Agency to the Departmentas required by Government Code section 11135, subdi-vision (a)(1)(A), as amended by Statutes 2016, chapter870 (SB 1442).

Title 2ADOPT: 11140, 11141, 11142, 11143, 11144,11145, 11146, 11147, 11148, 11149, 11150, 11151,11153, 11154, 11155, 11157, 11158, 11159, 11161,11162, 11165, 11166, 11167, 11168, 11170, 11171,11172, 11173, 11174, 11175, 11176, 11177, 11178,11070, 11071, 11075, 11100, 11101, 11103, 11104,11105, 11111, 11113, 11114, 11180, 11181, 11182,11183, 11184, 11187, 11188, 11189, 11190, 11191,11192, 11193, 11194, 11195, 11196, 11197, 11198,11199, 11200

Title 22AMEND: 98000, 98001, 98002, 98003, 98004,98005, 98006, 98007, 98008, 98009, 98010, 98020,98100, 98101, 98102, 98110, 98111, 98200, 98210,98211, 98220, 98221, 98222, 98223, 98230, 98231,98232, 98233, 98234, 98235, 98236, 98237, 98238,98240, 98241, 98242, 98243, 98244, 98250, 98251,98252, 98253, 98254, 98255, 98256, 98257, 98258,98259, 98260, 98261, 98262, 98263Filed 01/11/2017Agency Contact: Brian Sperber (213) 337−4495

File# 2016−1129−04DEPARTMENT OF FOOD AND AGRICULTUREPeach Fruit Fly Eradication Area

This certificate of compliance makes permanent theprior emergency regulatory action (OAL file no.2016−0617−02E) that amended section 3591.12(a) byadding the county of San Joaquin to the list of countiesproclaimed to be eradication areas with respect to thepeach fruit fly (Bactrocera zonata). The effect of theamendment provides authority for the state to performeradication activities against the peach fruit fly withinthis county.

Title 3AMEND: 3591.12Filed 01/09/2017Effective 01/09/2017Agency Contact: Sara Khalid (916) 403−6625

File# 2016−1219−02DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine

This certificate of compliance by the Department ofFood and Agriculture makes permanent the prior emer-gency action (OAL file no. 2016−0616−04E) that estab-lished a quarantine area for the Asian Citrus Psyllid((ACP) Diaphorina citri) of approximately 106 squaremiles in the Merced area of Merced County. The effectof this action provides permanent authority for the stateto perform quarantine activities against ACP within thisestablished area, along with the many already existingregulated areas in the state.

Title 3AMEND: 3435(b)Filed 01/04/2017Effective 01/04/2017Agency Contact: Sara Khalid (916) 403−6625


This emergency rulemaking by the Department ofFood and Agriculture (the “Department”) expands thequarantine area for the Asian Citrus Psyllid (“ACP”)Diaphorina citri in the Salinas area of Monterey County.The Salinas quarantine area is being expanded by ap-proximately 69 square miles in response to the identifi-cation of one adult ACP on December 9, 2016. Thisemergency action provides authority for the State toperform quarantine activities against ACP within thisadditional area.



This emergency rulemaking by the Department ofFood and Agriculture expands the quarantine area forthe Asian Citrus Psyllid (“ACP”) Diaphorina citri byadding the Fairfield area of Napa and Solano Counties.This action adds a quarantine area of approximately 120square miles in response to the identification of one


50

adult ACP on December 21, 2016. This emergency ac-tion provides authority for the State to perform quaran-tine activities against ACP within this additional area.



This emergency rulemaking expands the quarantinearea for the Asian Citrus Psyllid (“ACP”) Diaphorinacitri in the San Jose area of Santa Clara County.


File# 2016−1214−01DEPARTMENT OF PESTICIDE REGULATIONSchool Site and Child Day Care Facility Pesticide UseReporting Form

In this action without regulatory effect, the Depart-ment of Pesticide Regulation amends and adds instruc-tions to its School Site and Child Day Care Facility Pes-ticide Use Reporting form, which is incorporated byreference in section 6625 of Title 3 of the CaliforniaCode of Regulations, to make the form clearer and easi-er for businesses to use.

Title 3AMEND: 6625Filed 01/05/2017Agency Contact:

Linda Irokawa−Otani (916) 445−3991

File# 2016−1121−01Department of Social ServicesCalWORKs Stage One Child Care Technical Language

This rulemaking action by the California Departmentof Social Services removes a notification requirementfrom the CalWORKs Stage One Child Care portion ofthe Manual of Policies and Procedures (MPP), as man-dated by Assembly Bill 1944 (Stats. 2014, Ch. 460).

Title MPPAMEND: 47−201, 47−230, 47−240, 47−401,47−420Filed 01/06/2017Effective 04/01/2017Agency Contact: Oliver Chu (916) 657−3588

File# 2016−1122−04DEPARTMENT OF VETERANS AFFAIRSEnd of Life Option Act

This certificate of compliance filing by the Depart-ment of Veterans Affairs makes permanent OAL FileNo. 2016−0608−03E, which adopted section 509 in title12 of the California Code of Regulations to clarify that aveteran member who intends to take an aid−in−dyingdrug pursuant to part 1.85 of division 1 of the Health andSafety Code (End of Life Option Act) in order to end hisor her life shall discharge from the veterans home priorto receiving and taking the drug.

Title 12ADOPT: 509Filed 01/09/2017Effective 01/09/2017Agency Contact: Phil McAllister (916) 653−1961

File# 2016−1227−01DIVISION OF WORKERS’ COMPENSATIONMedical Provider Suspension Procedure

The Division of Workers’ Compensation submittedthis emergency action to adopt four sections and an Ar-ticle 5.1 under title 8, division 1, chapter 4.5, subchapter1 of the California Code of Regulations. The regula-tions implement suspension hearing and related proce-dures for medical providers that meet specified criteriain subdivision (a)(1) of Labor Code section 139.21 (en-acted in AB 1244 (Stats. 2016, c.852), which wassigned into law on September 30, 2016 and becameeffective on January 1, 2017). A suspended medicalprovider will be prohibited from, among other things,participating in treating patients or acting as a qualifiedmedical examiner in California’s workers’ compensa-tion system.

Title 8ADOPT: 9788.1, 9788.2, 9788.3, 9788.4Filed 01/06/2017Effective 01/06/2017Agency Contact:

Yvonne Hauscarriague (510) 286−0680

File# 2016−1223−01EMPLOYMENT DEVELOPMENT DEPARTMENTFamily Temporary Disability Insurance Definitions

In this action without regulatory effect, the Employ-ment Development Department amends five sections ofTitle 22 of the California Code of Regulations to con-form these regulations to changes made to the Califor-nia Unemployment Insurance Code by Senate Bill 770(Chapter 350, Statutes of 2013). Specifically, theamendments define the terms grandparent, grandchild,sibling, and parent−in−law and add those terms in appli-cable locations in the regulations so as to implement the


51

statutory extension of Family Temporary Disability In-surance benefits, otherwise known as Paid FamilyLeave, to eligible workers who provide care for personsin these familial categories.

Title 22AMEND: 2706−2, 2706−7, 2708(b)−1, 3302−1,3302−2Filed 01/10/2017 Agency Contact: Deanna Asuncion (916) 654−8410

File# 2016−1118−03MEDICAL BOARD OF CALIFORNIADisciplinary Guidelines

This action updates the Manual of Model Disci-plinary Orders and Disciplinary Guidelines from the11th Edition (2015) to the 12th Edition (2016), includ-ing amendments to conform to statute, removal of refer-ences to program course providers specifically identi-fied by name in the regulations, amendments to theClinical Training Program, and various technicalchanges.

Title 16AMEND: 1361Filed 01/05/2017Effective 01/05/2017Agency Contact: Paulette Romero (916) 263−2437

File# 2016−1213−07OFFICE OF ENVIRONMENTAL HEALTHHAZARD ASSESSMENTArticle 6 Proposition 65 Clear and ReasonableWarnings

In this action without regulatory effect, the Office ofEnvironmental Health Hazard Assessment amends sec-tions of Title 27 of the California Code of Regulations tomake non−substantive grammatical, syntax, and punc-tuation changes, to eliminate unnecessary words, and toprovide internal consistency.

Title 27AMEND: 25600, 25600.2, 25602, 25603, 25605,25606, 25607.2, 25607.4, 25607.6, 25607.9,25607.10, 25607.11, 25607.13, 25607.15,25607.16, 25607.17, 25607.19, 25607.21,25607.22, 25607.23, 25607.25, 25607.27, 25607.29Filed 01/09/2017Agency Contact: Mario Fernandez (916) 323−2635

File# 2016−1230−01STATE ATHLETIC COMMISSIONHeadgear

This readopt of OAL File Nos. 2016−0411−05E and2016−1003−03EE by the State Athletic Commission

(the “Commission”) adopts section 610 in title 4 of theCalifornia Code of Regulations. Section 610 requiresthat amateur boxers wear Commission−approved head-gear and lists the criteria the Commission will considerprior to granting an exception to this requirement.

Title 4ADOPT: 610Filed 01/05/2017Effective 01/17/2017Agency Contact: Sophia Cornejo (916) 263−2196

CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN August 10, 2016 TOJanuary 11, 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 2

01/11/17 ADOPT: 5981001/11/17 ADOPT: 11140, 11141, 11142, 11143,

11144, 11145, 11146, 11147, 11148,11149, 11150, 11151, 11153, 11154,11155, 11157, 11158, 11159, 11161,11162, 11165, 11166, 11167, 11168,11170, 11171, 11172, 11173, 11174,11175, 11176, 11177, 11178, 11070,11071, 11075, 11100, 11101, 11103,11104, 11105, 11111, 11113, 11114,11180, 11181, 11182, 11183, 11184,11187, 11188, 11189, 11190, 11191,11192, 11193, 11194, 11195, 11196,11197, 11198, 11199, 11200

12/12/16 AMEND: 1859.2, 1859.7612/08/16 AMEND: 2299912/01/16 AMEND: 18544, 18545, 18700, 18730,

18940.211/28/16 AMEND: 1050011/22/16 AMEND: 1894011/17/16 AMEND: 3001(a)(9), 3004(c)11/10/16 ADOPT: 554.2 AMEND: 554, 554.1,

554.2, 554.3, 554.4, 554.5, 554.6, 554.7,554.8, 554.9, 554.10

10/18/16 AMEND: 1895110/03/16 ADOPT: 649.49 AMEND: 649, 649.3,

649.4, 649.18, 649.50, 649.52, 649.57,


52

649.60 REPEAL: 649.1, 649.46, 649.51,649.62

09/19/16 ADOPT: 18751 REPEAL: 1875109/19/16 AMEND: 18215.3, 1823209/15/16 AMEND: 1894209/13/16 AMEND: 1181.2, 1181.3, 1181.6,

1183.1, 1183.2, 1183.3, 1183.8, 1183.9,1183.10, 1183.11, 1183.14, 1183.15,1183.17, 1183.18, 1185.1, 1185.2,1185.3, 1185.4, 1185.5, 1187.4, 1187.6,1187.7, 1187.8, 1187.9, 1187.14,1187.15, 1190.1, 1190.2, 1190.3, 1190.5

09/07/16 ADOPT: 3000, 3001, 3002, 3003, 3004,3005, 3006, 3007, 3008, 3009, 3010,3011, 3012, 3013, 3014, 3015, 3016

08/31/16 AMEND: 18531.508/17/16 AMEND: 1823908/17/16 AMEND: 59000

Title 301/10/17 AMEND: 3435(b)01/10/17 AMEND: 3435(b)01/10/17 AMEND: 3435(b)01/09/17 AMEND: 3591.1201/05/17 AMEND: 662501/04/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)12/28/16 AMEND: 1380.19, 1408.2, 1408.9,

1408.13 REPEAL: 1408.10, 1408.11,1408.14, 1408.16, 1408.17

12/22/16 AMEND: 3435(b)12/21/16 AMEND: 3435(d)12/19/16 ADOPT: 1358.612/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 ADOPT: 3591.2712/05/16 AMEND: 3435(b)12/01/16 AMEND: 3435(b)11/22/16 AMEND: 3024.811/17/16 AMEND: 3435(b)11/14/16 AMEND: 3435(b)11/09/16 AMEND: 311/09/16 AMEND: 3435(b)11/08/16 AMEND: 3435(b)11/03/16 AMEND: 3589(a)11/02/16 ADOPT: 3591.2811/02/16 AMEND: 3591.1210/28/16 AMEND: 3435(b)10/28/16 AMEND: 3435(b)10/19/16 AMEND: 3435(b)10/17/16 ADOPT: 6722 AMEND: 6000, 6618,

6619, 6720, 6723, 6723.1, 6724, 6726,

6732, 6734, 6768.3, 6738.4, 6744, 6761,6761.1, 6762, 6764, 6766, 6768, 6769,6770, 6771, 6776, 6782

10/13/16 AMEND: 3435(b)10/12/16 ADOPT: 6302 AMEND: 641410/06/16 REPEAL: 396310/06/16 AMEND: 3435(b)09/30/16 AMEND: 3435(b)09/27/16 AMEND: 3435(b)09/27/16 AMEND: 4603, 3883 REPEAL: 388509/21/16 ADOPT: 302, 303, 304, 304.1, 304.2,

305, 305.1, 305.2, 305.3, 306, 306.1,306.2, 306.3, 307, 308, 309, 310, 310.1,311, 312, 313, 314, 315, 316.1, 316.2,316.3, 316.4, 317, 318, 319, 320.1, 320.2,320.3, 321, 322, 322.1, 322.2, 322.3, 323,323.1, 323.2, 324.1, 324.2, 325, 326, 327,328, 329, 330.1, 330.2, 340

09/20/16 AMEND: 3435(b)09/20/16 AMEND: 3435(b)09/16/16 AMEND: 3435(b)09/14/16 AMEND: 3435(b)09/07/16 ADOPT: 344209/07/16 ADOPT: 3000, 3001, 3002, 3003, 3004,

3005, 3006, 3007, 3008, 3009, 3010,3011, 3012, 3013, 3014, 3015, 3016

08/29/16 ADOPT: 3591.2608/29/16 AMEND: 3435(b)08/29/16 AMEND: 3591.208/26/16 AMEND: 3435(b)08/25/16 AMEND: 3435(b)08/24/16 AMEND: 3435(b)08/24/16 AMEND: 1358.708/23/16 AMEND: 3435(b)

Title 401/09/17 AMEND: 8034, 803501/05/17 ADOPT: 61012/22/16 ADOPT: 8078.15, 8078.16, 8078.17,

8078.18, 8078.19, 8078.20, 8078.2112/15/16 ADOPT: 5145, 5146, 5233 AMEND:

5000, 5020, 5031, 5033, 5050, 5051,5054, 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

12/07/16 ADOPT: 299 AMEND: 297, 30012/01/16 AMEND: 10170.16, 10170.17,

10170.18, 10170.19, 10170.20,10170.21, 10170.22, 10170.23

11/22/16 AMEND: 169911/17/16 AMEND: 7113, 7116, 7121, 7051, 705510/17/16 AMEND: 1843.310/13/16 AMEND: 1734


53

10/11/16 ADOPT: 61009/28/16 AMEND: 110709/28/16 AMEND: 100709/15/16 ADOPT: 424, 425, 426, 830, 831, 832,

833, 834, 835, 836 AMEND: 201.5, 30309/13/16 ADOPT: 1489.208/29/16 ADOPT: 8078.8, 8078.9, 8078.10,

8078.11, 8078.12, 8078.13, 8078.14Title 5

12/19/16 AMEND: 80048.8, 80413, 8049912/05/16 AMEND: 80015, 80015.1, 8007111/15/16 ADOPT: 11524, 11525 AMEND: 11520,

11521, 1152209/22/16 ADOPT: 11533, 11534 AMEND: 11530,

1153108/30/16 ADOPT: 170008/26/16 AMEND: 27000, 2700408/16/16 ADOPT: 80022 AMEND: 80025.3

Title 710/06/16 AMEND: 211.5, 213, 215, 218

Title 801/06/17 ADOPT: 9788.1, 9788.2, 9788.3, 9788.412/15/16 AMEND: 9789.30, 9789.31, 9789.32,

9789.33, 9789.3912/14/16 AMEND: 15201, 15203, 15203.2,

15203.3, 15203.5, 15203.6, 15203.7,15203.10, 15204, 15205, 15209, 15210,15210.1, 15210.2, 15211.1, 15211.2,15216, 15220, 15220.2, 15230, 15251,15353, 15405, 15422, 15426, 15431.1,15471, 15472, 15475.2, 15475.3, 15476,15479, 15480, 15481, 15482, 15482.1,15482.2, 15483, 15484, 15486, 15486.1,15487, 15491, 15496, 15497

12/08/16 ADOPT: 334212/05/16 AMEND: 327310/17/16 ADOPT: 1532.3, 5204 AMEND: 515509/20/16 AMEND: 334

Title 909/16/16 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 4717Title 10

01/02/17 AMEND: 2594, 2594.1, 2594.2, 2594.3,2594.4

12/15/16 ADOPT: 373312/12/16 AMEND: 2695.8(e)12/12/16 AMEND: 6658, 6660, 666412/06/16 AMEND: 2318.6, 2353.1, 235411/30/16 ADOPT: 2695.81, 2695.82 AMEND:

2698.9111/29/16 AMEND: 2690, 2690.1, 2690.211/28/16 ADOPT: 646411/21/16 AMEND: 8000, 803011/02/16 AMEND: 2498.6

09/30/16 ADOPT: 6520, 6522, 6524, 6526, 6528,6530, 6532, 6534, 6536, 6538

09/30/16 ADOPT: 6408, 6410, 6450, 6452, 6454,6470, 6472, 6474, 6476, 6478, 6480,6482, 6484, 6486, 6490, 6492, 6494,6496, 6498, 6500, 6502, 6504, 6506,6508, 6510, 6600, 6602, 6604, 6606,6608, 6610, 6612, 6614, 6616, 6618,6620, 6622

09/29/16 AMEND: 3542, 3570, 357709/27/16 AMEND: 354309/01/16 ADOPT: 686408/29/16 AMEND: 356808/29/16 AMEND: 356908/10/16 AMEND: 250.30 REPEAL: 5.2000,

5.2001

Title 1111/22/16 AMEND: 100510/31/16 AMEND: 1950, 195310/17/16 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, 2130, 2131, 2132

09/22/16 AMEND: 1001, 1052, 105309/08/16 AMEND: 1001, 1014, 1015, 105508/30/16 ADOPT: 3205 AMEND: 3000, 3001,

3003, 3201, 3203, 3204

Title 1201/09/17 ADOPT: 50908/31/16 AMEND: 452, 45308/30/16 ADOPT: 463, 464 AMEND: 461

Title 1312/21/16 AMEND: 330.4212/06/16 AMEND: 59011/29/16 AMEND: 120.00, 120.0111/29/16 AMEND: 152.00, 155.0411/22/16 AMEND: 123911/03/16 ADOPT: 345.44, 345.45, 345.46, 345.47

AMEND: 345.48, 345.56, 345.65,345.66 REPEAL: 345.44, 345.45,345.46, 345.47

10/17/16 AMEND: Appendix Article 2.010/17/16 AMEND: 268.1210/06/16 AMEND: 15.0809/20/16 ADOPT: 222.00, 222.0209/01/16 AMEND: 55008/23/16 AMEND: 1606, 16.08, Appendix

Title 1401/03/17 AMEND: 1724.912/27/16 AMEND: 29.1512/22/16 AMEND: 47212/21/16 AMEND: 782


54

12/12/16 AMEND: 2830112/08/16 ADOPT: 782.112/01/16 AMEND: 895.1, 1032.711/29/16 AMEND: 670.511/17/16 AMEND: 670.511/15/16 AMEND: 1104.111/15/16 ADOPT: 13111/10/16 AMEND: 300, 311, 745.511/02/16 AMEND: 1.53, 27.00, 28.6510/31/16 AMEND: 1724.910/27/16 AMEND: 29.4510/26/16 AMEND: 180.610/17/16 AMEND: 66510/06/16 AMEND: 895.1, 898.210/04/16 ADOPT: 17403.3.1 AMEND: 17402,

17403.0, 17405.010/04/16 AMEND: 819, 819.01, 819.02, 819.03,

819.04, 819.05, 819.06, 819.0709/27/16 AMEND: Appendix G09/22/16 AMEND: 18660.4009/13/16 ADOPT: 250.209/08/16 AMEND: 913.4, 933.409/01/16 ADOPT: 820.0209/01/16 ADOPT: 798 AMEND: 791, 791.6,

791.7, 792, 793, 794, 795, 796, 79709/01/16 ADOPT: 817.04 AMEND: 79008/30/16 AMEND: 699.508/15/16 ADOPT: 1666.0, 1666.1, 1666.2, 1666.3,

1666.4, 1666.5, 1666.6, 1666.7, 1666.8,1666.9, 1666.10 1666.11, 1666.12,1666.13, 1666.14, 1666.15, 1666.16AMEND: 1665.2 REPEAL: 1665.8

Title 1501/03/17 AMEND: 3000, 3054, 3054.1, 3054.2,

3054.3, 3054.4, 3054.501/03/17 AMEND: 3076.512/29/16 ADOPT: 3359.812/29/16 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, 1788, 1790, 1792

12/22/16 AMEND: 3000, 3084.7, 3312, 3313,3314, 3315, 3316, 3317, 3317.1, 3317.2,3320, 3322, 3326, 3340, 3341.3, 3376,3378.6

11/17/16 AMEND: 810511/14/16 AMEND: 314011/09/16 ADOPT: 8106.110/20/16 ADOPT: 3401.6 AMEND: 3084.2,

3084.6, 3084.8, 3084.9, 3323, 3335,3401.5

10/20/16 AMEND: 3134.1, 3136

10/19/16 ADOPT: 3999.2110/11/16 AMEND: 3000, 3078.1, 3078.2, 3078.3,

3078.410/10/16 ADOPT: 3570, 3572, 3573, 3580

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

09/06/16 ADOPT: 3040.2 AMEND: 3000, 3040.1,3041, 3041.3, 3043.6, 3379

08/17/16 AMEND: 3000, 3306, 332308/11/16 AMEND: 3375.1, 3377

Title 1601/11/17 AMEND: 417201/05/17 AMEND: 136101/04/17 AMEND: 1508.112/21/16 AMEND: 46412/13/16 ADOPT: 1730, 1730.1 AMEND: 1730.2,

1731 [renumbered], 174912/06/16 ADOPT: 1582 AMEND: 151611/29/16 AMEND: 276011/15/16 AMEND: 816, 832, 832.16, 864, 865,

867, 869.1, 869.5, 870 REPEAL: 81711/09/16 AMEND: 1536, 157111/07/16 AMEND: 4210/27/16 AMEND: 1328.110/25/16 ADOPT: 1399.140.1 AMEND:

1399.140, 1399.141, 1399.142,1399.143, 1399.144

10/18/16 AMEND: 1399.34410/17/16 ADOPT: 3365.110/12/16 AMEND: 1936, 1936.1, 1936.210/05/16 ADOPT: 965.109/29/16 ADOPT: 119.8 AMEND: 118.509/27/16 AMEND: 1313.409/19/16 AMEND: 1399.62109/15/16 AMEND: 100409/14/16 AMEND: 1399.52309/13/16 ADOPT: 1751.8, 1751.9, 1751.10, 1752,

1753, 1754 AMEND: 1735, 1735.1,1735.2, 1735.3, 1735.4, 1735.5, 1735.6,1735.7, 1735.8, 1751, 1751.1, 1751.2,1751.3, 1751.4, 1751.5, 1751.6, 1751.7,1751.8

09/13/16 AMEND: 262009/12/16 ADOPT: 635.1 AMEND: 631, 631.1,

633, 63509/07/16 ADOPT: 1328.109/01/16 AMEND: 1399.69608/30/16 REPEAL: 1054, 1054.1, 1054.208/25/16 ADOPT: 1746.408/23/16 AMEND: 204308/22/16 AMEND: 1023.1608/22/16 AMEND: 1495.108/15/16 AMEND: 4110


55

08/10/16 ADOPT: 1730.2

Title 1712/05/16 ADOPT: 10050410/26/16 AMEND: 9400608/11/16 AMEND: 6901, 6902, 6903

Title 1801/11/17 ADOPT: 2460, 2461, 246212/22/16 AMEND: 1702.512/08/16 AMEND: 159711/17/16 ADOPT: 19195−1, 19195−210/26/16 AMEND: 462.04010/26/16 AMEND: 282, 28309/15/16 AMEND: 25136−208/31/16 AMEND: 159708/16/16 AMEND: 1590

Title 2001/05/17 AMEND: 2401, 240211/30/16 AMEND: 97174, 97176 REPEAL:

97178, 97180, 97182, 97184, 97186,97188, 97190, 97192, 97196, 97198

11/28/16 AMEND: 4067911/01/16 AMEND: 1601, 1602, 1604, 1605.1,

1605.3, 1606, 160710/31/16 AMEND: 1391, 1392, 1393, 1394

Title 2201/11/17 AMEND: 98000, 98001, 98002, 98003,

98004, 98005, 98006, 98007, 98008,98009, 98010, 98020, 98100, 98101,98102, 98110, 98111, 98200, 98210,98211, 98220, 98221, 98222, 98223,98230, 98231, 98232, 98233, 98234,98235, 98236, 98237, 98238, 98240,98241, 98242, 98243, 98244, 98250,98251, 98252, 98253, 98254, 98255,98256, 98257, 98258, 98259, 98260,98261, 98262, 98263

01/10/17 AMEND: 2706−2, 2706−7, 2708(b)−1,3302−1, 3302−2

12/28/16 AMEND: 66262.3411/30/16 AMEND: 97174, 97176 REPEAL:

97178, 97180, 97182, 97184, 97186,97188, 97190, 97192, 97196, 97198

11/28/16 AMEND: 4067911/22/16 AMEND: 65523, 65529, 6553009/30/16 ADOPT: 66387.1, 66387.2, 66387.3,

66387.4, 66387.5, 66387.6, 66387.7,66387.8, 66387.9

09/16/16 AMEND: 9717409/12/16 ADOPT: 66273.80, 66273.81, 66273.82,

66273.83, 66273.84, 66273.90,66273.91, 66273.100, 66273.101AMEND: 66261.4, 66273.6, 66273.7,66273.9, 66273.70, 66273.72, 66273.73,66273.74, 66273.75

08/31/16 REPEAL: 100031, 100032, 100033,100034, 100035, 100036, 100037,100038, 100039, 100040, 100041,100042

Title 22, MPP08/17/16 AMEND: 86500, 86501, 86501.5,

86505.1, 86506, 86522, 86524, 86528,86561, 86565, 86565.5, 86568.1,86568.2, 86568.4, 86570, 86575, 86577,86580, 86587, 86587.1

Title 2301/03/17 ADOPT: 1066.512/13/16 ADOPT: 3919.1711/22/16 AMEND: 500111/14/16 AMEND: 2200, 2200.1, 2200.2, 2200.5,

2200.6, 2200.7, 2200.8, 2200.911/03/16 ADOPT: 3909.511/03/16 AMEND: 1062, 1064, 106611/02/16 AMEND: 64510/17/16 ADOPT: 87910/13/16 AMEND: 2610, 2611, 2632, 2634, 2635,

2636, 2640, 2643, 2644.1, 2652, 2655,2663, 2664, 2711, 2712, 2713, 2714,2715, 2722, 2725, 2726, 2727

08/17/16 ADOPT: 3939.5008/15/16 ADOPT: 350, 350.2, 350.4, 351, 352,

352.2, 352.4, 352.6, 353, 353.2, 353.4,353.6, 353.8, 353.10, 354, 354.2, 354.4,354.6, 354.8, 354.10, 354.12, 354.14,354.16, 354.18, 354.20, 354.22, 354.24,354.26, 354.28, 354.30, 354.32, 354.34,354.36, 354.38, 354.40, 354.42, 354.44,355, 355.2, 355.4, 355.6, 355.8, 355.10,356, 356.2, 356.4, 357, 357.2, 357.4, 358,358.2, 358.4

Title 2510/31/16 AMEND: 8200, 8201, 8204, 8205, 8206,

8208, 8210, 8211, 8212, 8212.3, 8214,8215, 8216, 8217, 8218

Title 2701/09/17 AMEND: 25600, 25600.2, 25602,

25603, 25605, 25606, 25607.2, 25607.4,25607.6, 25607.9, 25607.10, 25607.11,25607.13, 25607.15, 25607.16,25607.17, 25607.19, 25607.21,25607.22, 25607.23, 25607.25,25607.27, 25607.29

11/30/16 AMEND: 25603.311/14/16 AMEND: 2700111/07/16 AMEND: 2700110/06/16 AMEND: 25603.309/08/16 AMEND: 2700108/30/16 ADOPT: 25600, 25600.1, 25600.2,

25601, 25602, 25603, 25604, 25605,


56

25606, 25607, 25607.1, 25607.2,25607.3, 25607.4, 25607.5, 25607.6,25607.7, 25607.8, 25607.9, 25607.10,25607.11, 25607.12, 25607.13,25607.14, 25607.15, 25607.16,25607.17, 25607.18, 25607.19,25607.20, 25607.21, 25607.22,25607.23, 25607.24, 25607.25,25607.26, 25607.27, 25607.28,25607.29, 25607.30, 25607.31 AMEND:25603.3(f) (renumbered to Section25607.30), 25603.3(g) (renumbered toSection 25607.31) REPEAL: 25601,25602, 25603, 25603.1, 25603.2, 25604,25604.1, 25604.2, 25605, 25605.1,25605.2

08/10/16 AMEND: 27001Title 28

11/28/16 AMEND: 1300.67.005

Title MPP01/06/17 AMEND: 47−201, 47−230, 47−240,

47−401, 47−42011/02/16 AMEND: 22−000, 22−001, 22−003,

22−004, 22−009, 22−045, 22−047,22−049, 22−051, 2−053, 22−054,22−055, 22−059, 22−060, 22−061,22−063, 22−065, 22−071, 22−072,22−073, 22−077, 22−078, 22−085

08/16/16 ADOPT: 31−136 AMEND: 31−001,31−002, 31−003, 31−005, 31−040,31−066, 31−075, 31−101, 31−105,31−110, 31−115, 31−120, 31−125,31−135, 31−201, 31−205, 31−206,31−310, 31−315, 31−335, 31−405,31−406, 31−410, 31−420, 31−425,31−430, 31−445, 31−510 REPEAL:31−515, 31−520

time- dated material - office of administrative law · pdf file03/05/2017 ·...

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