time- dated material - california fruit fly eradication area — alameda county — notice file no....

DECEMBER 8, 2017REGISTER 2017, NO. 49−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 REGULATIONS

TITLE 2. DEPARTMENT OF HUMAN RESOURCESDependent Verification and Re−Verification — Notice File No. Z2017−1122−01 1861. . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTUREMelon Fruit Fly Eradication Area — Alameda County — Notice File No. Z2017−1122−02 1863. . . . . . . . . . . . . . . . . .

TITLE 9. DEPARTMENT OF STATE HOSPITALSSexually Violent Predator Act Assessment Protocol — Notice File No. Z2017−1128−03 1865. . . . . . . . . . . . . . . . . . . . .

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATIONMandatory Random Drug Testing — Notice File No. Z2017−1128−02 1869. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

DEPARTMENT OF FISH AND WILDLIFEMonitoring Bald Eagle Nest Sites 1871. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS

STATE WATER RESOURCES CONTROL BOARDAmendment to the Domestic Water Supply Permit, Permit Amendment No. 2017PA−SCHOOLS 1872. . . . . . . . . . . . . .

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.

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 1873. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, June 28, 2017 to November 29, 2017 1876. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 49-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. ADMINISTRATION

The California Department of Human Resources(CalHR) proposes to adopt the regulation described be-low after considering all comments, objections, andrecommendations.

I. PUBLIC HEARING

CalHR has not scheduled a public hearing on this pro-posed action. However, CalHR will hold a hearing if itreceives a written request for a public hearing from anyinterested person, or his or her authorized representa-tive, no later than 15 days before the close of the writtencomment period.

II. WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to CalHR. Comments mayalso be submitted by facsimile (FAX) at 916−322−3769or by e−mail to [email protected]. The writ-ten comment period closes at 5:00 p.m. on January22nd, 2018. CalHR will consider only comments re-ceived at CalHR’s office by that time. Submit com-ments to the following address:

Scott Morrison Jr., Health Policy AnalystCalifornia Department of Human Resources1515 ‘S’ Street, North Building, Suite 500Sacramento, CA 95811

III. AUTHORITY AND REFERENCE

Government Code sections 18502, 19815.4, and22843.1 authorize CalHR to adopt the proposed regula-tion. The proposed regulation implements, interprets,and makes specific Government Code section 22843.1.

IV. INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Government Code section 19815.4, subdivision (d)authorizes the California Department of Human Re-sources (CalHR) to promulgate regulations pertainingto state employee salaries, hours, and other personnel−related matters. In particular, Government Code section22843.1 gives CalHR the authority to establish stan-dards for verifying that the family members of state em-ployees and annuitants are eligible for state−sponsoredhealth benefits.

The proposed regulation would implement the re-quirement in Government Code section 22843.1 requir-ing state agencies to re−verify, at least once every threeyears, that the family members (dependents) of stateemployees and annuitants enrolled for state−sponsoredhealth benefits remain eligible. The regulation clarifiesthe specific documentation to re−verify eligibility forhealth benefits. It also specifies certain document reten-tion requirements and procedures for terminatinghealth coverage for ineligible family members.

Ineligible dependents pose a significant burden onstate resources each year in the form of added healthcare expenses and employer−paid contributions. Thepurpose of the proposed regulation is to reduce the costsassociated with ineligible dependents and implementthe policies set forth in Government Code section22843.1 by providing state departments with the neces-sary standards to re−verify dependent eligibility.

V. EVALUATION OFINCONSISTENCY/INCOMPATIBILITY WITH

EXISTING STATE REGULATIONS

CalHR evaluated whether or not the proposed regula-tions are inconsistent or incompatible with existingstate regulations. These are the only regulations con-cerning Dependent Re−Verification. Therefore, theproposed regulations are not inconsistent nor incompat-ible with existing state regulations.

VI. DISCLOSURES REGARDING THEPROPOSED ACTION

CalHR has made the following initialdeterminations:1. Mandate on local agencies and school districts:

None.


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2. Cost or savings to any state agency: The regulationwill require minimal additional staffing andtraining on how to perform the re−verification.The costs associated with additional staff will beoffset by the significant budgetary savingsrealized by dis−enrolling ineligible dependents.Similarly, one−time efforts in the past havegenerated savings of over $60 million in employerhealth premium contributions, claim costs, and theAffordable Care Act (ACA) Reinsurance Fee.Savings realized by the currently proposedregulation would be continuous and on−going.

3. Cost to any local agency or school district, whichmust be reimbursed in accordance withGovernment Code sections 17500 through 17630:None.

4. Other nondiscretionary cost or savings imposedon local agencies: None.

5. Cost or savings in federal funding to the state:None.

6. Significant, statewide adverse economic impactdirectly affecting business, including the ability ofCalifornia businesses to compete with businessesin other states: None.

7. Cost impacts on representative private person orbusiness: CalHR is not aware of any cost impactsthat a representative private person or businesswould necessarily incur in reasonable compliancewith the proposed action.

8. Results of the Economic Impact AssessmentAnalysis: Adoption of these regulations will not:

a. Create or eliminate jobs within California;

b. Create new businesses or eliminate existingbusinesses within California; or

c. Affect the expansion of businesses currentlydoing business within California.

Adoption of these regulations will:

d. Positively affect the health and welfare ofCalifornia residents by ensuring public fundsare spent on benefits only for eligibledependents of state employees.

9. Significant effect on housing costs: None.

10. Small Business Impact: The proposed regulationhas no significant adverse economic impact onsmall businesses. This only regulates the internalprocess by which the state HR departments shallensure only those who are truly qualifieddependents of active employees are receivingbenefits, and does not extend in any way to privatebusinesses or the general public.

VII. CONSIDERATION OF ALTERNATIVES

In accordance with Government Code section11346.5, subdivision (a)(13), CalHR must determinethat no reasonable alternative considered, or that hasotherwise been identified and brought to the attention ofthe agency, would be more effective in carrying out thepurpose for which the action is proposed; or would be aseffective and less burdensome to affected private per-sons; 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-posed described in this Notice.

CalHR invites interested persons to present state-ments or arguments with respect to alternatives to theproposed regulation at the hearing, if one is requested,or during the written comment period.

VIII. CONTACT PERSONS

Inquiries concerning the proposed administrative ac-tion may be directed to:

Scott Morrison Jr., Health Policy AnalystCalifornia Department of Human Resources1515 ‘S’ Street, North Building, Suite 500Sacramento, CA 95811Telephone: 916−322−3657E−mail: [email protected]

The backup contact person for these inquiries is:

Jodi Lefebre, Legislative CoordinatorCalifornia Department of Human Resources1515 ‘S’ Street, North Building, Suite 500Sacramento, CA 95811Telephone: 916−324−1037E−mail: [email protected]

Please direct requests for copies of the proposed text(the “express terms”) of the regulation, the initial state-ment of reasons, the modified text of the regulation, ifany, or other information upon which the rulemaking isbased to Scott Morrison Jr. at the above address.

IX. AVAILABILITY OF THE STATEMENT OFREASONS, TEXT OF PROPOSED

REGULATIONS, AND RULEMAKING FILE

CalHR will have the entire rulemaking file availablefor inspection and copying throughout the rulemakingprocess at its office at the above address during normalbusiness hours. As of the date this notice is published,the rulemaking file consists of this notice, the proposedtext of the regulation, and the initial statement ofreasons.


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X. AVAILABILITY OF CHANGED ORMODIFIED TEXT

After considering all timely and relevant commentsreceived, CalHR may adopt the proposed regulationsubstantially as described in this notice. If CalHRmakes modifications that are sufficiently related to theoriginally proposed text, it will make the modified text(with the changes clearly indicated) available to thepublic, and will submit a copy to anyone who has sub-mitted a written comment, for at least 15 days beforeCalHR adopts the regulation as revised. Please send re-quests for copies of any modified regulation to the at-tention of Scott Morrison Jr. at the address indicatedabove. CalHR will accept written comments on themodified regulation for 15 days after the date on whichthey are made available.

XI. AVAILABILITY OF THE FINALSTATEMENT OF REASONS

Upon its completion, copies of the Final Statement ofReasons may be obtained by contacting Scott MorrisonJr. at the above address.

XII. AVAILABILITY OF DOCUMENTS ONTHE INTERNET

Copies 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 www.calhr.ca.gov.

TITLE 3. DEPARTMENT OF FOODAND AGRICULTURE

The Department of Food and Agriculture intends toamend subsection 3591.15 of the regulations in Title 3of the California Code of Regulations pertaining to theMelon Fruit Fly Eradication Area.

This notice is being provided in compliance withGovernment 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 Jan-uary 22, 2018. The Department will consider only com-ments received at the Department offices by that time.Submit comments to:

Dean KelchDepartment of Food and AgriculturePlant Health and Pest Prevention Services1220 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 of Food and Agricul-ture, at its own motion, or at the instance of any interest-ed person, may adopt the proposal substantially as setforth without further notice.

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 (FAC Section 5321).

Existing law also provides that the Secretary may es-tablish, maintain and enforce quarantine, eradicationand other such regulations as she deemed 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 whichthe 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.


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Existing law, FAC section 5322, provides that theSecretary may establish, maintain, and enforce quaran-tine, eradication, and such other regulations as are in theSecretary’s opinion necessary to circumscribe and ex-terminate or prevent the spread of any pest which is de-scribed in FAC section 5321.

Existing law, CCR Section 3591.15, defines thestate’s eradication areas for melon fruit fly.

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.

This regulation will benefit the public’s general wel-fare by providing authority for the State to perform de-tection, control, and eradication activities against mel-on fruit fly in Alameda County.

The implementation of this regulation will prevent:� direct damage to the agricultural industry growing

host fruits� indirect damage to the agricultural industry

growing host fruits due to the implementation ofquarantines by other countries and loss of exportmarkets

� increased production costs to the affectedagricultural industries

� increased pesticide use by the affected agriculturalindustries

� increased costs to the consumers of host fruits� increased pesticide use by homeowners and others� the need to implement a State interior quarantine� the need to implement a federal domestic

quarantineThere is no existing, comparable federal regulation or

statute regulating the intrastate movement of melonfruit fly hosts.

The Department considered any other possible relat-ed regulations in this area, and it found that these are theonly regulations dealing in this subject area, and the De-partment is the only State agency which can implementthese eradication areas for plant pests. As required byGovernment Code Section 11346.5(a)(3)(D), the De-partment has conducted an evaluation of this regulationand has determined that it is not inconsistent or incom-patible with existing state regulations.

AMENDED TEXT

Alameda County was added to the Melon Fruit FlyEradication Area. The effect of the amendment of this

regulation is to provide authority for the State to per-form eradication activities against melon fruit fly in thecounty of Alameda.

DISCLOSURES REGARDING THEPROPOSED ACTION

The Department has made the following initialdeterminations:

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

be reimbursed in accordance with Government 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.Significant, statewide adverse economic impact di-

rectly affecting business, including the ability of Cali-fornia businesses to compete with businesses in otherstates: None.

Cost impacts on a representative private person orbusiness: The agency is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.Small Business Determination

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

Significant effect on housing costs: None.Results of the Economic Impact Analysis

Amendment of these regulations will not:(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 CaliforniaThe Department has determined the amendment of

this regulation would benefit:� the general public� homeowners and community gardens� agricultural industry� the State’s general fund

There are no known specific benefits to worker safetyor the health of California residents.

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-


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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 subsections3591.15 pursuant to the authority vested by Sections407 and 5322 of the Food and Agricultural Code.

REFERENCE

The Department proposes this action to implement,interpret and make specific Sections 407, 5322, 5761,5762 and 5763 of the Food and Agricultural Code.

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 to is: DeanKelch, Department of Food and Agriculture, PlantHealth 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 Website (www.cdfa.ca.gov/plan/Regulations.html).

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

The Department of Food and Agriculture has pre-pared an initial statement of reasons for the proposedactions, has available all the information upon which itsproposal is based, and has available the express terms ofthe proposed action. A copy of the initial statement ofreasons and the proposed regulations in underline andstrikeout form may be obtained upon request. The loca-tion of the information on which the proposal is basedmay also be obtained upon request. In addition, whencompleted, the final statement of reasons will be avail-

able upon request. Requests should be directed to thecontact 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 interested person may obtain a copy of said regu-lations prior to the date of adoption by contacting theagency officer (contact) named herein.

TITLE 9. DEPARTMENT OF STATEHOSPITALS

NOTICE OF PUBLIC HEARING TO CONSIDERADOPTION OF PROPOSED REGULATIONS FOR

THE SEXUALLY VIOLENT PREDATORSTANDARDIZED ASSESSMENT PROTOCOL

Title 9. Rehabilitative and Developmental ServicesDivision 1. Department of Mental Health

Chapter 15. Assessment of SexuallyViolent Predators

The Department of State Hospitals (Department) willconduct a public hearing at the time and place noted be-low to consider adoption of the proposed regulations forthe sexually violent predator standardized assessmentprotocol after considering all comments, objections,and recommendations regarding the above matter.

DATE: January 22, 2018

TIME: 2:00 p.m.

LOCATION: California Health and Human Services AgencyDepartment of State HospitalsConference Room 1001600 9th StreetSacramento, California 95814

At the hearing, any interested person or his or her rep-resentative may, orally or in writing, submit commentsrelevant to the proposed action described in the Infor-mative Digest. The Department requests but does notrequire that a person who makes an oral comment at thehearing also prepare and submit a written copy of his orher testimony. Furthermore, the Department requestsbut does not require that all written and email state-ments on this item be filed at least 10 days prior to thehearing, so that Department staff have sufficient time toconsider each comment. The Department encouragesmembers of the public to bring any suggestions formodifications to the proposed regulatory action tostaff’s attention in advance of the hearing.


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WRITTEN COMMENT PERIOD ANDSUBMITTAL OF COMMENTS

Any interested person or his or her representativemay present comments orally or in writing at the hear-ing and may provide comments by personal delivery,postal mail service, fax, or email submittal before thehearing as described in detail below. The public com-ment period for this regulatory action will begin on De-cember 8, 2017. For any written comment to be consid-ered, comments not physically submitted at the hearing,must be received by the Department no later than 5:00p.m., January 22, 2018. The Department reserves theright to consider or not consider a late submission. Forconsideration, any written comments may be submittedas follows:1. By email to [email protected]. It is

requested that all comments, particularly thoseemailed with attachments, contain the regulationpackage identifier “SVP Assessment Protocol”in the subject line to facilitate timely identificationand review;

2. By fax transmission to (916) 651−3090;3. By United States Postal Service to:

California Department of State HospitalsOffice of Regulations1600 9th Street, Room 410Sacramento, CA 95814; or

4. Hand−delivered to the address above.

AUTHORITY AND REFERENCE

These regulatory actions are proposed under the au-thority granted in California Welfare and InstitutionsCode sections 4005.1, 4027, and 4101. These actionsare proposed to implement, interpret, and make specificWelfare and Institutions Code sections 6600, 6601,6602, 6603, 6604.9, and 6605; Albertson v. SuperiorCourt (2001) 25 Cal. 4th 796; People v. Superior Court(Ghilotti) , (2002) 27 Cal.4th 888; People v. Hurtado(2002) 28 Cal.4th 1179; People v. Torres (2001) 25Cal.4th 680; and People v. Turner (2000) 78Cal.App.4th 1131.

INFORMATIVE DIGEST AND POLICYSTATEMENT OVERVIEW PURSUANT TO

GOVERNMENT CODE SECTION 11346.S(a)

Sections Affected: The Department proposes adop-tion of California Code of Regulations, title 9, sections4011, 4012, 4013, 4014, and 4015.

Policy Statement Overview

The Bureau of State Audits recognized that the De-partment needed to provide evaluators more guidancein completing their evaluations. These proposed regula-tions will implement and clarify the statutory require-ments for sexually violent predator (SVP) evaluationsunder the Sexually Violent Predator Act (SVPA). Fur-thermore, the regulatory action will provide consisten-cy and ensure sufficient guidance to evaluators con-ducting forensic evaluations, such as what assessmentinstruments evaluators may use and what documents toconsider for evaluations. The proposed regulations willalso help ensure that evaluations are consistent inquality.

Existing Law

Current laws provide for the Department to conductthe forensic evaluations as laid out in these proposedregulations. Pursuant to Welfare and Institutions Codesections 6601 and 6603, the Department has implied au-thority to adopt regulations on the evaluation process ofan individual referred to the Department for determina-tion of whether the individual is a sexually violentpredator (SVP). Section 6601 charges the Departmentto develop and update a standardized assessment proto-col for evaluators to use. This protocol shall evaluate fordiagnosable mental disorders and factors contributingto an individual’s risk of re−offense, such as criminaland psychosexual history; type, degree, and duration ofsexual deviance; and severity of mental disorder. Sec-tion 6603 provides for updated evaluations on an indi-vidual, if necessary, and these evaluations would in-volve assessing the same criteria as with the initial SVPevaluation of that individual. These proposed regula-tions will implement, interpret, and make specific theassessment protocol involved in the Department’s SVPevaluations — whether initial evaluations, update eval-uations, annual evaluations, or any further evaluations— pursuant to Welfare and Institutions Code sections6601, 6603, 6604.1, 6604.9, 6605, or 6608.

Further, these proposed regulations will implement,interpret, and make specific the holdings in the follow-ing cases.� Albertson v. Superior Court (2001) 25 Cal.4th 796

— The court held that the district attorney isentitled, pursuant to Welfare and Institutions Codesection 6603, to an updated SVP evaluation of anindividual. These proposed regulations providefor the assessment protocol for those updateevaluations.

� People v. Superior Court (Ghilotti) 27 Cal.4th 888— The court laid out minimum factors anevaluator must consider in determining whether aSVP presents a substantial danger ifunconditionally released to the community. These


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proposed regulations provide for the SVPassessment protocol, which includes an evaluationof the court’s minimum factors.

� People v. Torres (2001) 25 Cal.4th 680 — Thecourt held that to be determined to be a SVP, anindividual’s prior convictions need not bepredatory. People v. Hurtado (2002) 28 Cal.4th1179 — The court held that to be determined to bea SVP, if an individual is determined likely toengage in sexually violent criminal behavior, thepotential future behavior must be predatory. Theseproposed regulations provide for the SVPassessment protocol, which includes an evaluationof whether future behavior, not prior criminalhistory, may be predatory.

� People v. Turner (2000) 78 Cal.App.4th 1131 —The court held that, pursuant Welfare andInstitutions Code sections 6603 and 6604, a trier offact must find unanimously whether an individualmeets the SVP criteria or the district had not methis or her burden beyond a reasonable doubt thatthe individual meets the SVP criteria. If the trier offact unanimously finds that the district attorneydid not meet his or her burden — that is, that theindividual does not meet SVP criteria — theseproposed regulations provide that an evaluatormay still conduct an evaluation of that individual if(1) he or she accepts the trier of fact’s finding astrue and (2) the facts have sufficiently changedsuch that the individual may now be dangerousand likely to reoffend.

These proposed regulations will not change currentlaws and only clarify the assessment protocol to con-duct forensic evaluations of SVPs and potential SVPs.These proposed regulations also indicate the standardpractice of the best practices in the field of psychology.

Evaluation of Inconsistency or Incompatibility withExisting State Regulations

The Department evaluated whether there were anyother regulations in this area and has found that theseare the only regulations concerning the assessment pro-tocol in evaluating an individual to determine whetherhe or she is a SVP. While “evaluation” is defined in Cal-ifornia Code of Regulations, title 9, section 4020, thissection does not have provisions on the particular crite-ria to be evaluated in the SVP assessment. Similarly,while update evaluations are provided for in CaliforniaCode of Regulations, title 9, section 4020.1, these pro-visions clarify the timing of the updates and do not ad-dress the evaluation criteria and process of the SVP as-sessment. Therefore, these proposed regulations areneither inconsistent nor incompatible with existingState regulations.

DISCLOSURES REGARDING THEPROPOSED REGULATIONS

The Department has made the following initialdeterminations:1. Mandates on Local Agencies or School Districts:

There will be no mandates imposed on localagencies or school districts.

2. Mandate Requires State Reimbursement Pursuantto Part 7 (commencing with section 17500) ofDivision 4 of the Government Code: None.

3. Costs to Any Local Agency or School District thatRequires Reimbursement Pursuant to Part 7(commencing with section 17500) of Division 4 ofthe Government Code: None.

4. Non−discretionary Costs or Savings Imposed onLocal Agencies: The Department anticipates therewill be no fiscal impact in the current State FiscalYear to Local Agencies.

5. Costs or Savings to State Agencies: TheDepartment anticipates there will be no costs orsavings to State agencies.

6. Costs or Savings in Federal Funding to the State:None.

7. Significant, Statewide Adverse Economic ImpactDirectly Affecting Business: There will not be asignificant, statewide adverse economic impactdirectly affecting business, including the ability ofCalifornia businesses to compete with businessesin other states.

8. Cost Impacts on Representative Private Person orBusiness: The Department is not aware of any costimpacts that a representative private person orbusiness would necessarily incur in reasonablecompliance with the proposed action.

9. Effect on Small Businesses, pursuant to CaliforniaCode of Regulations, title 1, section 4,subdivisions (a) & (b): There will be no costimpact on small businesses because SVPevaluations are conducted only by State staff orState contractors. As a result, these proposedregulations affect only State positions alreadyexisting and will not impact private businesses.

10. Housing Costs: In accordance with GovernmentCode section 11346.5, subdivision (a)(12), theDepartment has made the initial determinationthat the proposed regulatory action will not have asignificant effect on housing costs. Theseproposed regulations do not impact housing sincethey affect only inmates in California Departmentof Corrections and Rehabilitation custody orindividuals committed to the Department and inDepartment custody.


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RESULTS OF THE ECONOMICIMPACT ANALYSIS

These proposed regulations are intended to allow theDepartment to set forth the policy of the Departmentunder the SVPA.Creation or Elimination of Jobs within the State ofCalifornia

The Department has made an initial determinationthat the proposed regulations would not create or elimi-nate jobs within the State of California.Creation of New Businesses or the Elimination ofExisting Businesses within the State of California

The Department has made an initial determinationthat the proposed regulations would not create newbusinesses or eliminate existing businesses. The De-partment already hires and/or contracts evaluators forevaluation services and other services in providing theproper evaluations under the SVPA.Expansion of Businesses Currently Doing Businesswithin the State of California

The Department has made an initial determinationthat the proposed regulations would not create the ex-pansion of businesses currently doing business withinthe State of California. The Department already hiresand/ or contracts evaluators for evaluation services andother services in providing the proper evaluations underthe SVPA.Anticipated Benefits Under the Regulations

One benefit of these proposed regulations is the trans-parency of the evaluations process. Providing a uni-form, streamlined SVP evaluations process ensures thatthere is equity and fairness in the treatment of SVPs andpotential SVPs. These proposed regulations will stan-dardize the expectations of the courts, counsel, poten-tial patients, and the evaluators themselves regardingthe SVP evaluations.

Further, these proposed regulations may benefit thehealth and welfare of California residents by ensuringthat potential SVPs are evaluated equally, fairly, anduniformly, resulting in the potential civil commitmentof only those patients who meet the SVP criteria, treat-ing and rehabilitating SVPs who are suitable and appro-priate for treatment, and keeping the public safe frompotentially dangerous SVPs — in congruence with thespirit of the SVPA which is to keep the public safe and toprovide treatment to SVPs who will benefit from it.These proposed regulations may also benefit workersafety by ensuring that only those patients who meet theSVP criteria, as evaluated using these proposed regula-tions, are treated by hospital staff, resulting in appropri-ate treatment and workload. Lastly, these proposed reg-ulations may benefit the State’s environment by stream-

lining the evaluation process, reducing carbon foot-print, waste, use of resources, and energy costs.

CONSIDERATION OF ALTERNATIVES

In accordance with Government Code section11346.5, subdivision (a)(13), the Department must de-termine that no reasonable alternative considered by theDepartment or that has otherwise been identified andbrought to the attention of the Department 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.

DSH invites interested persons to present statementsor arguments with respect to alternatives to the pro-posed regulation during the written comment period.

AGENCY CONTACT PERSONS

Inquiries concerning the substance of the proposedregulatory action may be directed to the agency repre-sentatives: Domingo Aguilar, Forensic Services Divi-sion, Program Chief, by telephone at (916) 651−0984 orDr. James Rokop, Forensic Services Division, ChiefPsychologist, by telephone at (916) 651−5285.

AVAILABILITY OF DOCUMENTS

The Department staff has compiled a record for thisrulemaking action which includes all the informationupon which the proposal is based, including an InitialStatement of Reasons (ISOR) for the proposed regula-tory action and the proposed text (the “express terms”)of the regulation. Copies of the proposed regulation textand the ISOR, which includes a summary of the eco-nomic and fiscal impacts of the proposal, may be ac-cessed on the Department’s web site listed below ormay be obtained from the agency representative towhom non−substantive inquiries concerning the pro-posed administrative action may be directed: AmyWhiting, Manager, Regulations Unit, by telephone at(916) 654−2748.

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 § 11340). After holding the publichearing, and considering all timely and relevant com-ments received, the Department may adopt the pro-


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posed regulations substantially as described in this no-tice. If the Department makes modifications which aresufficiently related to the originally proposed text, itwill make the modified text (with the changes clearlyindicated) available to the public for at least 15 days be-fore the Department adopts the regulations as revised.Please send requests for copies of any modified regula-tions to the attention of the contact person at the addressindicated above. The Department will accept writtencomments on the modified regulations for 15 days afterthe date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENTOF REASONS

Upon its completion, Final Statement of Reasons(FSOR) shall be available and copies may be requestedfrom the agency contact persons in this notice or may beaccessed on the Department’s Internet web site listedbelow.

INTERNET ACCESS

This notice, the ISOR, the proposed regulation text,and all subsequent regulatory documents, including theFSOR, when completed, are available on the Depart-ment’s web site for this rulemaking athttp://www.dsh.ca.gov/Publications/Regulations.aspx.

TITLE 15. DEPARTMENT OFCORRECTIONS AND REHABILITATION

NOTICE IS HEREBY GIVEN that the Secretary ofthe California Department of Corrections and Rehabili-tation (CDCR) proposes to amend Sections 3016 and3315 of the California Code of Regulations, Title 15,concerning mandatory random drug testing, pursuant tothe authority granted by Government Code Section12838.5 and Penal Code (PC) Section 5055, and therulemaking authority granted by PC Section 5058, inorder to implement, interpret and make specific PC Sec-tion 5054.

PUBLIC HEARING

Date and Time: January 23, 2018 — 10:00 a.m. to 11:00 a.m.

Place: California Department of Corrections and Rehabilitation

Kern/Colorado Room1515 S Street, North BuildingSacramento, CA 95811

Purpose: To receive comments about this action.

PUBLIC COMMENT PERIOD

The public comment period will close January 23,2018, at 5:00 p.m. Any person may submit public com-ments in writing (by mail or e−mail) regarding the pro-posed changes. To be considered by the Department,comments must be submitted to the CDCR, Regulationand Policy Management Branch, P.O. Box 942883,Sacramento, CA 94283−0001; or e−mail [email protected], before the close of the commentperiod.

CONTACT PERSON

Please direct any inquiries regarding this action to:

Timothy M. Lockwood, Associate DirectorRegulation and Policy Management BranchDepartment of Corrections and RehabilitationP.O. Box 942883, Sacramento, CA 94283−0001Telephone (916) 445−2269

In the event the contact person is unavailable, in-quiries should be directed to the following back−upperson:

Joshua JugumRegulation and Policy Management BranchTelephone (916) 445−2228

Questions regarding the substance of the proposedregulatory action should be directed to:

Melanie BrunsDivision of Adult InstitutionsTelephone (916) 324−2758

AUTHORITY AND REFERENCE

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

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

PC Section 5058 authorizes the Director to prescribeand amend regulations for the administration ofprisons.


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INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

This action will:

� Amend the frequency with which inmates whohave had a positive test result for illegal substancesare required to be retested via urinalysis test, andthe sanctions enforced in the event of a positivetest.

� Help to ensure that substance use disordertreatment programs are available to those inmatesmost in need.

� Help to prevent false positives for substances thatcan be detected in urine for an extended period oftime.

FORMS INCORPORATED BY REFERENCE

None.

SPECIFIC BENEFITS ANTICIPATED BY THEPROPOSED REGULATIONS

The safety of California residents may be enhancedby better identifying and providing treatment to thoseinmates who actually have a substance abuse problemand need treatment, as opposed to those who possess ordistribute illegal narcotics. Substance abuse is a fre-quent driver of criminal behavior, and providing treat-ment to those most in need may help those offenders toreintegrate into society upon their release.

EVALUATION OFCONSISTENCY/COMPATIBILITY WITHEXISTING LAWS AND REGULATIONS

Pursuant to Government Code l1346.5(a)(3)(D), theDepartment has determined the proposed regulationsare not inconsistent or incompatible with existing regu-lations. After conducting a review, the Department hasconcluded that these are the only regulations that con-cern the specific amendments to random drug testing ofDepartment inmates.

LOCAL MANDATES

This action imposes no mandates on local agencies orschool districts, or a mandate which requires reim-bursement of costs or savings pursuant to GovernmentCode Sections 17500−17630.

FISCAL IMPACT STATEMENT

� Cost or savings to any state agency: None� Cost to any local agency or school district

that is required to be reimbursed: None� Other nondiscretionary cost or savings

imposed on local agencies: None� Cost or savings in federal funding to the

state: None

EFFECT ON HOUSING COSTS

The Department has made an initial determinationthat the proposed action will have no significant effecton housing costs.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

The Department is not aware of any cost impacts thata representative private person or business would nec-essarily incur in reasonable compliance with the pro-posed action.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT ON BUSINESS

The Department has made an initial determinationthat the proposed regulations will not have a significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states, because theproposed regulations make changes to rules regardingrandom drug testing of Department inmates only, andplace no obligations or requirements on any business.

EFFECT ON SMALL BUSINESSES

The Department has determined that the proposedregulations will not affect small businesses. This actionhas no significant adverse economic impact on smallbusiness because they place no obligations or require-ments on any business. The proposed regulations makechanges to rules regarding random drug testing of De-partment inmates only.

RESULTS OF THE ECONOMICIMPACT ASSESSMENT

The Department has determined that the proposedregulation will have no effect on the creation of new, orthe elimination of existing, jobs or businesses withinCalifornia, or affect the expansion of businesses cur-rently doing business in California.


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The Department has determined that the proposedregulations may promote worker safety and benefit thewelfare of California residents because ensuring thatthose inmates most in need of substance use disordertreatment are able to receive such treatment may im-prove the reintegration of offenders to their communi-ties upon being released from state prison, which willimprove public safety.

CONSIDERATION OF ALTERNATIVES

The Department must determine that no reasonablealternative considered by the Department or that hasotherwise been identified and brought to the attention ofthe Department would be more effective in carrying outthe purpose for which the action is proposed, would beas effective and less burdensome to affected private per-sons than the proposed regulatory action, or would bemore cost−effective to affected private persons andequally effective in implementing the statutory policyor other provisions of law. Interested persons are invitedto present statements or arguments with respect to anyalternatives to the changes proposed at the scheduledhearing or during the written comment period.

AVAILABILITY OF PROPOSED TEXT ANDINITIAL STATEMENT OF REASONS

The Department has prepared and will make avail-able the text and the Initial Statement of Reasons(ISOR) of the proposed regulations. The rulemakingfile for this regulatory action, which contains thoseitems and all information on which the proposal is based(i.e., rulemaking file) is available to the public upon re-quest directed to the Department’s contact person. Theproposed text, ISOR, and Notice of Proposed Actionwill also be made available on the Department’s web-site: www.cdcr.ca.gov.

AVAILABILITY OF THE FINAL STATEMENTOF REASONS

Following its preparation, a copy of the Final State-ment of Reasons may be obtained from the Depart-ment’s contact person.

AVAILABILITY OF CHANGES TOPROPOSED TEXT

After considering all timely and relevant commentsreceived, the Department may adopt the proposed regu-lations substantially as described in this Notice. If theDepartment makes modifications which are sufficient-

ly related to the originally proposed text, it will makethe modified text, with the changes clearly indicated,available to the public for at least 15 days before the De-partment adopts, amends or repeals the regulations asrevised. Requests for copies of any modified regulationtext should be directed to the contact person indicated inthis Notice. The Department will accept written com-ments on the modified regulations for at least 15 daysafter the date on which they are made available.

GENERAL PUBLIC INTEREST

DEPARTMENT OF FISH ANDWILDLIFE

PROPOSED RESEARCH ON FULLYPROTECTED SPECIES

Monitoring Bald Eagle Nest Sites

The Department of Fish and Wildlife (Department)received a study proposal from Lauren McClure, on be-half of Stillwater Sciences, requesting authorization totake Bald Eagle (Haliaeetus leucocephalus), a FullyProtected bird, for scientific research purposes, consis-tent with conservation and recovery of the species. TheBald Eagle is listed as Endangered under the CaliforniaEndangered Species Act.

Ms. McClure is planning to conduct studies through-out the range of the Bald Eagle in California, in accor-dance with standardized methods approved by the De-partment and the U.S. Fish and Wildlife Service (Ser-vice). The research activities include passive surveys tolocate nests, nest monitoring to determine nest successand productivity, and an assessment of the distributionand status of nesting pairs. If any Bald Eagles are founddead, they may be salvaged (including any parts there-of) and donated to a scientific institution open to thepublic, as designated by the Department and the Ser-vice. No adverse effects on individuals or populationsare expected.

The Department intends to issue, under specifiedconditions, a Memorandum of Understanding (MOU)that would authorize qualified professional wildlife re-searchers, with Ms. McClure as the Principal Investiga-tor, to carry out the proposed activities. The applicant isalso required to have any necessary federal permit(s) toconduct the research and salvage activities.

Pursuant to California Fish and Game Code (FGC)Section 3511(a)(1), the Department may authorize takeof Fully Protected bird species after a 30−day notice pe-riod has been provided to affected and interested partiesthrough publication of this notice. If the Department de-


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termines that the proposed research is consistent withthe requirements of FGC Section 3511 for take of FullyProtected birds, it would issue the authorization on orafter January 8, 2017, for an initial and renewable termof up to, but not to exceed five years. Contact: CarieBattistone, [email protected],916−445−3615.

ACTION REGARDINGUNDERGROUND REGULATIONS

SUSPENSION OF

STATE WATER RESOURCESCONTROL BOARD

On July 27, 2017, the Office of Administrative Law(OAL) received a petition challenging an amendment tothe Domestic Water Supply Permit (Permit Amend-ment No. 2017PA−SCHOOLS), issued by the State Wa-ter Resources Control Board on January 17, 2017, as analleged underground regulation.

The petition challenged the imposition of a new re-quirement on all existing domestic water supply permitholders concerning the collection and analyzation of upto five water samples at each K−12 school served by thewater system for the presence of lead.

On November 15, 2017, the State Water ResourcesControl Board certified to OAL that the amendment tothe Domestic Water Supply Permit (Permit Amend-ment No. 2017PA- SCHOOLS) had been rescinded;therefore, pursuant to Title 1, section 280 of the Califor-nia Code of Regulations, OAL must suspend all actionon this petition.November 15, 2017

Elizabeth Heidig Assistant Chief CounselOffice of Administrative Law300 Capitol Mall, Suite 1250Sacramento, CA 95814

Dear Sir or Madam:

Re: SECTION 280 CERTIFICATIONThe Executive Director of the State Water Resources

Control Board (State Water Board) has prepared the at-tached Section 280 Certification, certifying that the Wa-ter Board “will not issue, use, enforce, or attempt to en-force the alleged underground regulation” that was in-cluded in Exhibit A of the petition submitted by the Cal-ifornia Municipal Utility Association (CUMA) (at-tached hereto). Pursuant to the requirements of section

280, a copy of this certification has also been sent viaemail to Deborah Wordham, counsel for the petitioners.Sincerely,

/s/Michael LaufferChief CounselState Water Resources Control Board

Enclosures: Section 280 CertificationCopy of Petition Submitted by

CUMAcc: [via email only]

Deborah A. Wordham, Esq.Best Best & Krieger300 South Grand Avenue, 25th FloorLos Angeles, CA [email protected]

SECTION 280 CERTIFICATION

Pursuant to section 280 of title 1 of the CaliforniaCode of Regulations, the State Water Resources Con-trol Board’s (State Water Board) Division of DrinkingWater (the Division) is making this certification that it“will not issue, use, enforce, or attempt to enforce thealleged underground regulation,” which was includedin Exhibit A of the petition and is entitled “Amendmentto Domestic Water Supply Permit, Permit AmendmentNo. 2017PA−SCHOOLS.” Exhibit A is a template. Itwas not adopted by the State Water Board and was notissued generally to all or any class or category of publicwater systems. The template will not be adopted by theState Water Board and will not be enforced or otherwisegiven any regulatory effect.

The State Water Board made the template availableon the State Water Board’s website in order to provideschools with a simplified explanation about what wasbeing required in separate orders issued to public watersystems. The State Water Board has removed the tem-plate from its website, and other information on thewebsite has been updated to clarify that the State WaterBoard’s actions to require testing for lead in schooldrinking water involved issuance of separate permitamendments for each of the affected public water sys-tems, not a general permit or other action of general ap-plicability. Although the Administrative Procedure Actdoes not prohibit the use of templates for either publicinformation or for internal operations — so long as thetemplate is not treated as binding or otherwise givenregulatory effect — the State Water Board will notmake any further use of this particular template. TheState Water Board, therefore, certifies that it will not itwill not issue, use, enforce or attempt to enforce thetemplate identified as the underground regulation in thepetition submitted by CMUA.


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/s/Eileen SobeckExecutive Director

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# 2017−1012−02BOARD OF EDUCATIONAppointment of Instructional Materials Reviewers andContent Review Experts; Application Process for Cur-riculum Framework and Evaluation Criteria Commit-tee Members, Instructional Materials Reviewers andContent Review Experts; and Standards for EvaluatingInstructional Materials for Social Content

This rulemaking action by the State Board of Educa-tion amends title 5 of the California Code of Regula-tions to address issues related to California’s curricu-lum frameworks development and subsequent instruc-tional materials review process.

Title 5AMEND: 9510, 9512, 9513, 9518, 9529, 9810Filed 11/28/2017Effective 01/01/2018Agency Contact: Hillary Wirick (916) 319−0860

File# 2017−1013−05CALIFORNIA SCHOOL FINANCE AUTHORITYState Charter Schools Facilities Incentive Program

This action by the California School Financing Au-thority amends the terms and conditions of the StateCharter School Facilities Incentive Grant Program.

Title 4AMEND: 10176, 10177, 10178, 10179, 10180,10181, 10182, 10183, 10184, 10185, 10186, 10187,10188, 10189, 10190Filed 11/29/2017Effective 01/01/2018Agency Contact: Katrina Johantgen (213) 620−2305

File# 2017−1013−06DEPARTMENT OF CORRECTIONS ANDREHABILITATIONSearches of Parolees

This action by the Department of Corrections and Re-habilitation amends procedures relating to paroleesearches to update the incorporated form, “Evidence/Property Report and Inventory Receipt,” and to incor-porate by reference the form, “Government ClaimForm.”

Title 15AMEND: 3600(b), 3600(e)Filed 11/27/2017Effective 01/01/2018Agency Contact: Jon Struckmann (916) 445−2276

File# 2017−1017−01DEPARTMENT OF FOOD AND AGRICULTUREMediterranean Fruit Fly Interior Quarantine and Eradi-cation Areas

This Certificate of Compliance makes permanent theemergency regulations adopted in action no.2017−0323−02E (readopted in 2017−0911−02EE) bythe Department of Food and Agriculture, which sup-plants the existing host list for the Mediterranean fruitfly, Ceratitis capitata, with a more extensive host list re-cently revised and disseminated by the United StatesDepartment of Agriculture.

Title 3AMEND: 3406(c), 3591.5(b)Filed 11/28/2017Effective 11/28/2017Agency Contact: Rachel Avila (916) 403−6813

File# 2017−1120−01DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine

This emergency regulatory action by the Departmentof Food and Agriculture will expand the existing quar-antine area for the Asian Citrus Psyllid ((ACP) Diapho-rina citri) in the San Jose area of Santa Clara County byapproximately 52 square miles. The effect of this emer-gency action provides authority for the state to performquarantine activities against ACP within this additionalarea, along with the many already existing regulated ar-eas in the state.

Title 3AMEND: 3435(b)Filed 11/22/2017Effective 11/22/2017Agency Contact: Kyle Beucke (916) 403−6741


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File# 2017−1012−04DEPARTMENT OF INSURANCEReinsurance Oversight

This rulemaking action amends regulations in Title10 of the California Code of Regulations to comply withthe Nonadmitted and Reinsurance Reform Act. 15U.S.C. Section 8221, et seq. The action also adopts reg-ulations concerning reinsurance for life insurancepolicies.

Title 10ADOPT: 2303.23, 2303.24, 2303.25, 2303.26,2303.27, 2303.28 AMEND: 2303, 2303.1, 2303.2,2303.4, 2303.5, 2303.8, 2303.9, 2303.11, 2303.12,2303.13, 2303.14, 2303.15, 2303.17, 2303.19,2303.21, existing 2303.22 renumbered as 2303.29,existing 2303.23 renumbered as 2303.30, and exist-ing 2303.24 renumbered as 2303.22Filed 11/27/2017Effective 01/01/2018Agency Contact: Monica Macaluso (415) 538−4118

File# 2017−1011−01DEPARTMENT OF JUSTICEChange of Telephone Numbers

This change without regulatory effect filing by theDepartment of Justice amends sections 301, 303, 308,411, 415, and 420 in title 11 of the California Code ofRegulations to update the revision dates for fifteenforms incorporated by reference. The Department is re-vising the fifteen forms to include a new telephonenumber and to update Department contact information.

Title 11AMEND: 301, 303, 308, 411, 415, 420Filed 11/27/2017Agency Contact: Melan Noble (916) 210−7011

File# 2017−1016−01DEPARTMENT OF JUSTICEUpdate of Forms

This action by the Department of Justice, Bureau ofGambling Control, updates forms to reflect the currentmailing address of the Bureau and other changes toalign the forms with existing regulations.

Title 11AMEND: 2030, 2038, 2060Filed 11/29/2017Agency Contact: Melan Noble (916) 210−7011

File# 2017−1013−03DEPARTMENT OF RESOURCES RECYCLINGAND RECOVERYSecondary Material processing Facilities andOperations

This timely certificate of compliance by the Depart-ment of Resources, Recycling and Recovery (DRRR)makes permanent the emergency rulemaking(2016−0926−01E, 2017−0322−02EE). DRRR adoptstwo sections, repeals one and amends seven sections intitle 14 of the California Code of Regulations in this ac-tion. This action defines two new types of transfer andprocessing facilities and operations called “SecondaryMaterial Processing Facilities” and “Secondary Materi-al Processing Operations. This certificate of compli-ance creates permitting pathways for these transfer andprocessing facilities that are receiving significantamounts of incidental solid waste mixed in withsource−separated feedstock such as glass, plastic, paperand cardboard destined for recycling.

Title 14ADOPT: 17403.3.2, 17403.3.3 AMEND: 17402,17403.0, 17403.8, 17405.0, 17409.3, 18103.1,18221.5Filed 11/28/2017Effective 11/28/2017Agency Contact: Harllee Branch (916) 341−6056

File# 2017−1117−03DEPARTMENT OF STATE HOSPITALSIncompetent to Stand Trial Admissions Process

The Department of State Hospitals (DSH) submittedthis action to adopt a new article and nine new sectionsin title 9, division 1, chapter 16 of the California Code ofRegulations. The regulations address admissions tostate hospitals of court−ordered commitments underPenal Code section 1370, which are made when a crimi-nal defendant is determined by a court to be incompe-tent to stand trial (IST). The regulations are intended toclarify the process for admitting IST individuals by pro-viding uniform admissions, procedures, and classifica-tion criteria applicable to all counties.

Title 9ADOPT: 4700, 4710, 4711, 4712, 4713, 4714, 4715,4716, 4717Filed 11/22/2017Effective 11/22/2017Agency Contact: Amy Whiting (916) 651−3247

File# 2017−1114−01DEPARTMENT OF TRANSPORTATIONAutomatic Vehicle Identification Specifications

The California Department of Transportation (Cal-trans) is amending and adopting multiple sections in ti-tle 21 of the California Code of Regulations (CCR).Streets and Highways Code section 27565 requires Cal-trans, in cooperation with the state’s toll facility opera-tors to develop functional specifications and standardsfor automated vehicle identification (AVI) which


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would be used for electronic toll collections (ETC). Thecurrent protocol for ETC in California is known as “Ti-tle 21” after the section of the CCR where the specifica-tions for the standard are listed. This protocol was de-veloped in 1992. The state’s toll facility operators haverequested that Caltrans modify the existing regulationsto change the AVI protocol to a new protocol known as6C. These regulations make that change.

Title 21ADOPT: 1700.1, 1700.2, 1700.3, 1705.1, 1706.1,1707.1 AMEND: 1700 [renumbered to 1701.1],1701 [renumbered to 1701.2], 1702.1, 1703 [renum-bered to 1702.2], 1704.1 [renumbered to 1703.1],1704.2 [renumbered to 1703.2], 1704.3 [renum-bered to 1703.3], 1704.4 [renumbered to 1703.4],1704.5 [renumbered to 1703.5], 1704.6 [renum-bered to 1703.6], 1705.1 [renumbered to 1704.1],1705.2 [renumbered to 1704.2], 1705.3 [renum-bered to 1704.3], 1705.4 [renumbered to 1704.4],1705.5 [renumbered to 1704.5], 1705.6 [renum-bered to 1704.6], 1705.7 [renumbered to 1704.7,1705.8 [renumbered to 1704.8]Filed 11/28/2017Effective 01/01/2018Agency Contact: Steve Hancock (916) 654−6007

File# 2017−1012−01DIVISION OF WORKERS’ COMPENSATIONWorkers’ Compensation — Official Medical FeeSchedule — Inpatient Hospital

This action by the Division of Workers’ Compensa-tion of the Department of Industrial Relations — sub-mitted to OAL for filing and printing only pursuant toLabor Code section 5307.1, subdivision (g)(2) —amends the Official Medical Fee Schedule locatedwithin section 9789.25 in title 8 of the California Codeof Regulations.

Title 8AMEND: 9789.25Filed 11/28/2017Effective 12/01/2017Agency Contact: Jarvia Shu (510) 286−0646

File# 2017−1011−02EDUCATION AUDIT APPEALS PANELAudits of K−12 Local Education Agencies (LEAs) —FY 2017−18

The Education Audit Appeals Panel (EAAP) submit-ted this timely certificate of compliance action to makepermanent the amendments in OAL file no.2017−0615−01E. In that action, the EAAP amended theGuide for Annual Audits of K−12 Local EducationAgencies and State Compliance Reporting for FY

2017−2018 pursuant to Education Code section14502.1.

Title 5AMEND: 19810Filed 11/27/2017Effective 11/27/2017Agency Contact:

Timothy E. Morgan (916) 445−7745

File# 2017−1116−03FAIR POLITICAL PRACTICES COMMISSIONRecall Elections

In this action, the Fair Political Practices Commis-sion amends section 18531.5 dealing with recallelections.

Title 2AMEND: 18531.5Filed 11/27/2017Effective 12/27/2017Agency Contact: Cesar R. Cuevas (916) 324−3854

File# 2017−1023−05OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDCommercial Diving Operations (HORCHER)

This action by the Occupational Safety and HealthStandards Board modifies existing commercial divingregulations in title 8 of the California Code of Regula-tions to align with federal standards as promulgated bythe U.S. Department of Labor, Occupational Safety andHealth Administration (OSHA). This action is exemptfrom OAL review pursuant to section 142.3 of the La-bor Code.

Title 8ADOPT: 6056.1 AMEND: 6052, 6056, 6057, 6060REPEAL: 6062Filed 11/28/2017Effective 11/28/2017Agency Contact: Marley Hart (916) 274−5721

File# 2017−1116−04State Allocation BoardLeroy F. Greene School Facilities Act of 1998; Re−establish the CTEFP

In this emergency rulemaking, the State AllocationBoard (the “Board”) is amending sections 1859.190,1859.194, 1859.195, and 1859.198 in title 2 of the Cali-fornia Code of Regulations to re−establish the CareerTechnical Education Facilities Program.

Title 2AMEND: 1859.190, 1859.194, 1859.195, 1859.198Filed 11/27/2017Effective 11/27/2017Agency Contact: Lisa Jones (916) 376−1753


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CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN June 28, 2017 TONovember 29, 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 211/27/17 AMEND: 18531.511/27/17 AMEND: 1859.190, 1859.194,

1859.195, 1859.19811/21/17 AMEND: 559.50211/21/17 AMEND: 5964011/15/17 AMEND: 1853510/26/17 ADOPT: 571.110/23/17 AMEND: 1102410/23/17 AMEND: 5974010/10/17 AMEND: 1050010/09/17 AMEND: 5978010/04/17 ADOPT: 280, 547.50, 547.51, 547.52,

547.53, 547.54, 547.55, 547.55.1,547.55.2, 547.56, 547.57, 547.57.1,547.52.2, 547.57.3, 547.57.4, 547.58,547.58.1, 547.58.2, 547.58.3, 547.58.4,547.58.5, 547.58.6, 547.58.7, 547.58.8,547.58.9 AMEND: 281, 282 REPEAL:547.50, 547.51, 547.52, 547.53, 547.54,547.55, 547.56, 547.57

09/22/17 AMEND: 1859.2, 1859.8109/21/17 AMEND: 5962009/20/17 ADOPT: 1859.90.5 AMEND: 1859.2,

1859.90, 1859.90.2, 1859.90.408/31/17 AMEND: 10000, 10001, 10002, 10005,

10007, 10008, 10009, 10010, 10011,10015, 10017, 10021, 10022, 10025,10026, 10030, 10031, 10033, 10035,10038, 10039, 10041, 10042, 10044,10046, 10049, 10050, 10051, 10053,10054, 10057, 10063, 10065

08/30/17 AMEND: 5959008/16/17 AMEND: 60408/14/17 AMEND: 1103408/14/17 ADOPT: 2298.1, 2298.2, 2298.3, 2298.4,

2298.5, 2298.6, 2298.7, 2298.8, 2298.9,2298.9.1 REPEAL: 2297.1, 2298

08/10/17 AMEND: 189707/25/17 AMEND: 57700

07/12/17 ADOPT: 20060, 20061, 20062, 20063,20064, 20065, 20066, 20067

07/01/17 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

Title 311/28/17 AMEND: 3406(c), 3591.5(b)11/22/17 AMEND: 3435(b)11/21/17 AMEND: 3435(b)11/21/17 REPEAL: 1408.2211/20/17 AMEND: 3591.1511/20/17 AMEND: 3435(b)11/15/17 AMEND: 672811/09/17 AMEND: 3435(b)11/07/17 ADOPT: 6690, 6691, 669211/07/17 ADOPT: 2852.5 AMEND: 2850, 2851,

2852, 2853, 2854, 2855, 285611/06/17 AMEND: 3435(b)11/02/17 AMEND: 3435(b)10/23/17 AMEND: 3435(b)10/16/17 AMEND: 3591.1510/16/17 AMEND: 3439(b)09/28/17 AMEND: 3439(b)09/28/17 AMEND: 3435(b)09/27/17 AMEND: 3435(b)09/21/17 AMEND: 1430.14209/19/17 AMEND: 3406(c), 3591.5(b)09/14/17 AMEND: 343909/12/17 AMEND: 3435(b)09/07/17 AMEND: 3435(b)09/05/17 AMEND: 3435(b)09/05/17 AMEND: 3435(b)08/31/17 AMEND: 3439(b)08/30/17 AMEND: 2320.108/22/17 AMEND: 343908/17/17 AMEND: 3435(b)08/16/17 AMEND: 3435(b)08/16/17 AMEND: 3439(b)08/11/17 AMEND: 3439(b)08/10/17 AMEND: 3435(b)08/08/17 AMEND: 3854, 385508/03/17 AMEND: 3435(b)07/31/17 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: 6190


1877

07/10/17 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: 1358.7

Title 411/29/17 AMEND: 10176, 10177, 10178, 10179,

10180, 10181, 10182, 10183, 10184,10185, 10186, 10187, 10188, 10189,10190

11/16/17 AMEND: 184411/02/17 AMEND: 10170.2, 10170.3, 10170.4,

10170.9, 10170.1010/31/17 AMEND: 71110/31/17 AMEND: 10031, 10032, 10033, 10035,

1003610/18/17 ADOPT: 12250, 12260, 12261, 12262,

12263, 12264, 12285, 12287, 12290AMEND: 12003, 12200, 12200.7,12200.9, 12200.10A, 12200.11,12200.18, 12220, 12220.18, 12560,12562 REPEAL: 12200.13, 12200.16,12200.21, 12220.13, 12220.16, 12220.21

10/13/17 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

10/09/17 ADOPT: 5700, 5710, 5711, 5720, 5721,5722, 5730, 5731 AMEND: 5000, 5020,5100

10/05/17 AMEND: 163209/07/17 AMEND: 12101, 12200, 12200.6,

12200.9, 12200.13, 12202, 12220.6,12222, 12309, 12342, 12354, 12359,12464, 12465, Appendix A to Chapter 7of Division 18, 12492

09/05/17 AMEND: 10091.1, 10091.2, 10091.3,10091.4, 10091.5, 10091.6, 10091.7,10091.8, 10091.9, 10091.10, 10091.12,10091.14, 10091.15

08/24/17 AMEND: 10170.3, 10170.4, 10170.8,10170.9, 10170.10, 10170.14

08/07/17 ADOPT: 8078.22, 8078.23, 8078.24,8078.25, 8078.26, 8078.27, 8078.28,8078.29, 8078.30, 8078.31, 8078.32,8078.33, 8078.34, 8078.35 AMEND:8070, 8071, 8072, 8073, 8074, 8076,8078.3 REPEAL: 8078.1, 8078.2

07/26/17 ADOPT: 7033.1 AMEND: 7030, 7033,7034, 7035, 7037, 7040, 7042, 7045

07/26/17 AMEND: 1581, 1843

07/26/17 ADOPT: 8078.15, 8078.16, 8078.17,8078.18, 8078.19, 8078.20, 8078.21

07/18/17 ADOPT: 61007/12/17 ADOPT: 299 AMEND: 297, 30007/12/17 AMEND: 10325.5

Title 511/28/17 AMEND: 9510, 9512, 9513, 9518, 9529,

981011/27/17 AMEND: 1981011/21/17 ADOPT: 7139611/16/17 ADOPT: 11526 AMEND: 11520, 11524,

1152511/16/17 ADOPT: 11534.1 AMEND: 11530,

11533, 1153411/13/17 REPEAL: 620, 621, 622, 623, 624, 625,

626, 62711/07/17 ADOPT: 9517.110/18/17 AMEND: 851, 853.5, 853.7, 855, 85609/12/17 AMEND: 18117, 1824609/01/17 AMEND: 40756.1, 40805.109/01/17 AMEND: 4050008/31/17 REPEAL: 40530, 40531, 4053208/31/17 ADOPT: 40050.4, 40517, 40518, 4102308/22/17 AMEND: 27300, 27301, 27400, 27401,

27600, 27601, 2760208/17/17 AMEND: 1981008/10/17 AMEND: 76000, 76020, 76210, 76130,

76200, 76210, 76212, 7621507/18/17 AMEND: 851, 853.5, 853.7, 855, 856

Title 811/28/17 AMEND: 9789.2511/28/17 ADOPT: 6056.1 AMEND: 6052, 6056,

6057, 6060 REPEAL: 606210/26/17 ADOPT: 1711 AMEND: 1712, 1713,

1717 REPEAL: 1711, 172110/09/17 AMEND: 1646(a)10/02/17 ADOPT: 1535.1, 5205, 8359.1 AMEND:

515509/28/17 ADOPT: 9788.1, 9788.2, 9788.3, 9788.409/27/17 AMEND: 5191(b)09/26/17 AMEND: 5189.1(t)(2)09/14/17 AMEND: 33607/31/17 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: 344.18

Title 911/22/17 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 4717


1878

10/18/17 AMEND: 7211, 7212.2, 7212.4, 7213.2,7213.3, 7213.6, 7214.1, 7215.1, 7218,7220, 7220.3, 7221, 7225

08/17/17 ADOPT: 4020, 4020.1

Title 1011/27/17 ADOPT: 2303.23, 2303.24, 2303.25,

2303.26, 2303.27, 2303.28 AMEND:2303, 2303.1, 2303.2, 2303.4, 2303.5,2303.8, 2303.9, 2303.11, 2303.12,2303.13, 2303.14, 2303.15, 2303.17,2303.19, 2303.21, existing 2303.22renumbered as 2303.29, existing 2303.23renumbered as 2303.30, and existing2303.24 renumbered as 2303.22

10/26/17 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

10/05/17 ADOPT: 9000, 9001, 9002, 9003, 9004,9005, 9006, 9007

09/21/17 AMEND: 2498.609/21/17 ADOPT: 6854, 6856, 686409/20/17 AMEND: 2498.509/20/17 AMEND: 6902, 6903, 690408/21/17 ADOPT: 9000, 9001, 9002, 9003, 9004,

9005, 9006, 900708/03/17 AMEND: 2498.5

Title 1111/29/17 AMEND: 2030, 2038, 206011/27/17 AMEND: 301, 303, 308, 411, 415, 42011/07/17 ADOPT: 999.224, 999.225, 999.226,

999.227, 999.228, 999.22910/05/17 AMEND: 78.410/05/17 AMEND: 78.610/05/17 ADOPT: 78.708/08/17 AMEND: 100607/31/17 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, 1008

Title 1311/20/17 ADOPT: 160.02, 160.04, 106.06, 161.00,

161.02, 161.04, 161.06 AMEND: 160.0011/16/17 AMEND: 1157.2111/15/17 AMEND: 180.0011/13/17 ADOPT: 2774 AMEND: 2750, 2751,

2752, 2753, 2754.1, 2755, 2756, 2757,2758, 2759, 2760, 2761, 2762, 2763,

2764, 2765, 2766, 2767, 2767.1, 2768,2769, 2770, 2771, 2772, 2773

11/13/17 AMEND: 225.00, 225.03, 225.09,225.12, 225.15, 225.30, 225.35, 225.39,225.42

10/30/17 AMEND: 423.0010/25/17 AMEND: 26.01, 26.0210/23/17 AMEND: 115310/16/17 ADOPT: 2208, 2208.1, 2208.2 AMEND:

1956.809/11/17 AMEND: 109/07/17 AMEND: 430.00, 431.0007/31/17 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

Title 1411/28/17 ADOPT: 17403.3.2, 17403.3.3 AMEND:

17402, 17403.0, 17403.8, 17405.0,17409.3, 18103.1, 18221.5

11/20/17 ADOPT: 1.9511/16/17 AMEND: 297511/15/17 AMEND: 103811/14/17 AMEND: 1035.1, 1035.2, 1035.310/31/17 AMEND: 917, 917.2, 917.3, 917.4,

917.5, 917.7, 917.9, 917.10, 917.11, 918,918.1, 918.4, 918.5, 918.6, 918.7, 918.8,918.10, 919, 919.1, 919.2, 919.3, 919.4,919.5, 919.9, 919.10, 919.11, 919.12,919.16, 920, 921, 921.1, 921.3, 921.4,921.5, 921.6, 921.7, 921.8, 921.9, 923,923.1, 923.2, 923.3, 923.4, 923.5, 923.6,923.7, 923.8, 923.9, 923.9.1, 924, 924.1,924.2, 924.3, 924.4, 924.5, 925, 925.1,925.2, 925.3, 925.4, 925.5, 925.6, 925.7,925.8, 925.9, 925.11, 926, 926.1, 926.2,926.3, 926.4, 926.5, 926.6, 926.7, 926.8,926.9, 926.10, 926.11, 926.12, 926.13,926.14, 926.15, 926.16, 926.17, 926.18,926.19, 926.23, 926.25, 927, 927.1,927.2, 927.3, 927.4, 927.5, 927.6, 927.7,927.8, 927.9, 927.10, 927.11, 927.12,927.13, 927.14, 927.15, 927.16, 927.17,928, 928.1, 928.2, 928.3, 928.4, 928.6,928.7, 929, 929.1, 929.2, 929.3, 929.4,929.5, 929.6, 929.7, 937.3, 945, 945.1,945.3, 945.5, 957.4, 961.1, 961.2, 961.3,961.7, 961.8, 965, 965.1, 965.2, 965.3,965.4, 965.5, 965.6, 965.7, 965.8, 965.9,965.10, 1020, 1022, 1022.1, 1022.2,1022.3, 1022.4, 1022.5, 1023, 1023.1,1024, 1024.1, 1024.2, 1024.3, 1024.5,


1879

1024.6, 1025, 1026, 1027, 1027.1,1027.2, 1027.3, 1029, 1030, 1032,1032.7, 1032.8, 1032.9, 1033, 1034,1034.2, 1035, 1035.4, 1036.1, 1037,1037.1, 1037.3, 1037.4, 1037.5, 1037.6,1037.7, 1037.8, 1037.9, 1037.10,1037.11, 1038.1, 1038.2, 1038.3, 1039,1039.1, 1040, 1041, 1042, 1043, 1045,1050, 1051, 1051.1, 1051.2, 1051.3,1051.4, 1051.5, 1051.6, 1052, 1052.1,1052.2, 1052.3, 1052.4, 1052.5, 1053,1054, 1054.1, 1054.2, 1054.3, 1054.4,1054.5, 1054.6, 1054.7, 1054.8, 1055,1055.1, 1055.2, 1055.3, 1055.4, 1055.5,1055.6, 1056, 1056.1, 1056.2, 1056.3,1056.5, 1056.6, 1057.1, 1057.2, 1057.5,1058, 1058.3, 1058.4, 1058.5, 1059,1060, 1070, 1071, 1072, 1072.1, 1072.3,1072.4, 1072.5, 1072.6, 1072.7, 1073,1074, 1074.1, 1075, 1080.1, 1080.2,1080.3, 1080.4, 1080.5, 1090, 1090.1,1090.2, 1090.3, 1090.4, 1090.5, 1090.6,1090.7, 1090.8, 1090.9, 1090.10,1090.11, 1090.12, 1090.13, 1090.14,1090.16, 1090.17, 1090.18, 1090.19,1090.20, 1090.21, 1090.22, 1090.23,1090.24, 1090.25, 1090.26, 1090.27,1090.28, 1091.1, 1091.3, 1091.4,1091.45, 1091.5, 1091.6, 1091.7, 1091.8,1091.10, 1091.11, 1091.12, 1091.13,1091.14, 1091.15, 1092, 1092.01,1092.02, 1092.04, 1092.05, 1092.06,1092.07, 1092.09, 1092.10, 1092.11,1092.12, 1092.13, 1092.14, 1092.15,1092.16, 1092.17, 1092.18, 1092.19,1092.20, 1092.21, 1092.22, 1092.23,1092.24, 1092.25, 1092.26, 1092.27,1092.28, 1092.29, 1092.31, 1092.32,1093, 1093.1, 1093.2, 1093.3, 1093.4,1093.6, 1100, 1101, 1102, 1103, 1103.1,1103.2, 1104, 1104.1, 1104.2, 1104.3,1105, 1105.1, 1105.3, 1105.4, 1106,1106.1, 1106.2, 1106.4, 1106.5, 1107,1108, 1109, 1109.1, 1109.2, 1109.3,1109.4, 1109.5, 1109.6, 1110, 1115,1115.1, 1115.2, 1115.3.

10/24/17 AMEND: 2523110/04/17 AMEND: 1841909/29/17 AMEND: 29.80, 12209/26/17 AMEND: 30009/19/17 AMEND: 1094.1609/11/17 ADOPT: 432509/07/17 AMEND: 913, 913.1, 913.2, 913.3,

913.4, 913.5, 913.6, 913.7, 913.8,913.10, 913.11, 914, 914.1, 914.2, 914.3,

914.5, 914.6, 914.7, 914.8, 914.9, 915,915.1, 915.2, 915.3, 915.4, 916, 916.1,916.2, 916.3, 916.4, 916.5, 916.6, 916.7,916.8, 916.9, 916.10, 916.11, 916.11.1,916.12, 953.7, 953.8, 953.9, 953.12,954.4, 1038

09/05/17 AMEND: 29.1508/31/17 AMEND: 112208/29/17 AMEND: 119, Form FG 2025 (11/2005),

Appendix A08/29/17 AMEND: 67008/28/17 ADOPT: 18660.44, 18660.45, 18660.46

AMEND: 18660.708/22/17 ADOPT: 870.17 AMEND: 870.15

REPEAL: 870.17, 870.19, 870.2108/10/17 AMEND: 7.5008/07/17 ADOPT: 798 AMEND: 791, 791.6,

791.7, 792, 793, 794, 795, 796, 79708/07/17 ADOPT: 817.04 AMEND: 79008/07/17 ADOPT: 820.0208/07/17 AMEND: 819, 819.01, 819.02, 819.03,

819.04, 819.05, 819.06, 819.0708/01/17 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: 670.2

Title 1511/27/17 AMEND: 3600(b), 3600(e)11/03/17 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

10/09/17 ADOPT: 3378.9, 3378.10 AMEND:3000, 3023, 3043.8, 3044, 3084.9, 3269,3335, 3337, 3341, 3341.2, 3341.3,3341.5, 3341.6, 3341.8, 3341.9, 3375,3375.1, 3375.2, 3376, 3376.1, 3378,3378.1, 3378.2, 3378.3, 3378.4, 3378.5,3378.6, 3378.7, 3378.8 REPEAL: 3334

10/04/17 AMEND: 3000, 3030, 3190, 326910/04/17 AMEND: 1841909/25/17 ADOPT: 3570, 3572, 3573, 3580

AMEND: 3560, 3561, 3562, 3563, 3564,


1880

3565, 3571, 3581, 3582, 3590, 3590.1,3590.2, 3590.3

09/19/17 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

08/31/17 AMEND: 800108/23/17 AMEND: 3000, 3090, 3177, 3323, 3375,

3375.1, 3375.2, 3375.3, 3375.4, 3375.5,3377.1, 3377.2, 3379

07/18/17 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

Title 1611/16/17 ADOPT: 3351.7.1, 3351.7.2, 3371.7.3

AMEND: 3371.110/31/17 AMEND: 904, 90510/19/17 AMEND: 1364.10, 1364.11, 1364.13,

1364.1510/10/17 AMEND: 135810/06/17 ADOPT: 1993.4 AMEND: 1993.2

REPEAL: 1993.310/02/17 AMEND: 191409/21/17 ADOPT: 1379.01, 1379.02, 1379.03,

1379.04, 1379.05, 1379.06, 1379.07,1379.08, 1379.09

09/19/17 ADOPT: 1702.1, 1702.2, 1702.5AMEND: 1702

08/30/17 AMEND: 110708/29/17 AMEND: 42508/24/17 AMEND: 1021, 102208/22/17 ADOPT: 1399.730, 1399.731, 1399.73208/14/17 REPEAL: 901, 902, 903, 91408/10/17 ADOPT: 417608/10/17 AMEND: 1105.1(b)(c)(d)(e)08/08/17 ADOPT: 1805.208/02/17 AMEND: 4161, 4162, 4163

07/06/17 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

Title 1711/20/17 AMEND: 9567311/13/17 AMEND: 6000310/19/17 ADOPT: 1235, 1236, 123709/18/17 ADOPT: 95803, 95835, 95859, 95871,

95944, 95945, Appendix D, Appendix EAMEND: 95802, 95811, 95812, 95813,95814, 95830, 95831, 95832, 95833,95834, 95840, 95841, 95841.1, 95851,95852, 95852.1, 95852.2, 95853, 95856,95857, 95858, 95870, 95890, 95891,95892, 95893, 95894, 95895, 95910,95911, 95912, 95913, 95914, 95920,95921, 95922, 95941, 95943, 95972,95973, 95974, 95975, 95976, 95977,95977.1, 95978, 95979, 95980, 95980.1,95981, 95981.1, 95983, 95985, 95987,95990, 96014, Appendix C

09/06/17 AMEND: 654009/06/17 AMEND: 650809/01/17 ADOPT: 95160, 95161, 95162, 95163

AMEND: 95101, 95102, 95103, 95104,95105, 95111, 95112, 95113, 95114,95115, 95117, 95118, 95121, 91522,91529, 91530, 91531, 91532, 91533,91550, 91553, 91556, 91557, AppendixA, Appendix B

08/21/17 AMEND: 100010, 100020, 100030,100040, 100050, 100070

07/24/17 REPEAL: 105007/17/17 ADOPT: 95665, 95666, 95667, 95668,

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

Title 1809/28/17 ADOPT: 25137−15

Title 1908/31/17 REPEAL: 2575, 2575.1, 2576, 2576.1,

2577, 2577.1, 2577.2, 2577.3, 2577.4,2577.5, 2577.6, 2577.7, 2577.8, 2578,2578.1, 2578.2, 2578.3

08/03/17 ADOPT: 2745.7.5, 2762.0.1, 2762.0.2,2762.1, 2762.2, 2762.2.1, 2762.3,2762.4, 2762.5, 2762.6, 2762.7, 2762.8,2762.9, 2762.10, 2762.11, 2762.12,2762.13, 2762.14, 2762.15, 2762.16,


1881

2762.17, 2775.2.5 AMEND: 2735.1,2735.3, 2735.4, 2735.5, 2735.6, 2735.7,2740.1, 2745.1, 2745.2, 2745.3, 2745.4,2745.6, 2745.7, 2745.7.5, 2745.8,2745.10, 2745.10.5, 2745.11, 2750.1,2750.3, 2750.4, 2755.2, 2755.6, 2760.8,2765.1, 2770.1, 2770.2, 2770.5, 2775.2,2775.3, 2775.5, 2775.6, 2780.1, 2780.2,2780.3, 2780.5, 2780.6, 2785.1

07/06/17 AMEND: 2021

Title 2010/05/17 AMEND: 1602, 1606, 160709/11/17 AMEND: 1604, 160608/22/17 AMEND: 1601, 1602, 1604, 1605.1,

1605.2, 1605.3, 1606

Title 2111/28/17 ADOPT: 1700.1, 1700.2, 1700.3, 1705.1,

1706.1, 1707.1 AMEND: 1700[renumbered to 1701.1], 1701[renumbered to 1701.2], 1702.1, 1703[renumbered to 1702.2], 1704.1[renumbered to 1703.1], 1704.2[renumbered to 1703.2], 1704.3[renumbered to 1703.3], 1704.4[renumbered to 1703.4], 1704.5[renumbered to 1703.5], 1704.6[renumbered to 1703.6], 1705.1[renumbered to 1704.1], 1705.2[renumbered to 1704.2], 1705.3[renumbered to 1704.3], 1705.4[renumbered to 1704.4], 1705.5[renumbered to 1704.5], 1705.6[renumbered to 1704.6], 1705.7[renumbered to 1704.7, 1705.8[renumbered to 1704.8]

Title 2211/16/17 ADOPT: 63750.80 AMEND: 6385010/30/17 AMEND: 7251709/11/17 AMEND: 64431, 64432, 64447.2,

64465, 6448109/08/17 AMEND: 97210, 97240, 97241, 9724608/28/17 REPEAL: 9775908/16/17 AMEND: 100393(a)(1)08/16/17 AMEND: 1010007/14/17 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

Title 22, MPP09/28/17 AMEND: 3500009/18/17 ADOPT: 85100, 85101, 85118, 85120,

85122, 85140, 85142, 85164, 85165,85168.1, 85168.2, 85168.4, 85170,85187, 85190

09/15/17 ADOPT: 85300, 85301, 85302, 85322,85361, 85365, 85368, 85368.2, 85368.3,85369, 85375, 89900, 89901, 89918,89920, 89922, 89940, 89942, 89964,89965, 89968.1, 89968.2, 89970, 89987,89990 AMEND: 80001, 80020, 80022,80028, 80065, 80068, 80070, 80072,80087, 85000, 85068.2

09/07/17 AMEND: 81001, 81010, 81020, 81022,81026, 81064.1, 81068.1, 81068.2,81068.4, 81068.5, 81069, 81071, 81075,81077.2, 81077.4, 81077.5, 81087,81088, 81090, 81092, 81092.3, 81092.4,81092.5, 81092.6, 81092.7, 81092.8,81092.9, 81092.10, 81092.11, 81094

08/28/17 AMEND: 80044, 84001, 84002, 84061,84063, 84065, 84072.1, 84165, 84300.1,84322, 84322.2, 84365, 86001, 86022,86061, 86065

08/24/17 AMEND: 83001, 83064, 83072, 83087,84001, 84065, 84072, 84079, 84087,84272, 86001, 86065, 86072, 86072.1,86087, 88001, 88022, 89201, 89372,89379, 89387, 89405

Title 2311/20/17 AMEND: 292211/16/17 AMEND: 3682.2, 3682.3, 3702.1,

3702.2, 3702.3, 3702.4, 371711/06/17 AMEND: 2200, 2200.5, 2200.6, 2200.711/06/17 ADOPT: 1070.5 AMEND: 1062, 1064,

1066, 1068, 107010/19/17 ADOPT: 335, 335.2, 335.4, 335.6, 335.8,

335.10, 335.12, 335.14, 335.16, 335.18,335.20

10/05/17 ADOPT: 2910 REPEAL: 291008/09/17 ADOPT: 3939.5308/09/17 ADOPT: 3939.5308/08/17 AMEND: 393006/29/17 ADOPT: 1030, 1032, 1040, 1041, 1042,

1043, 1044, 1045, 1046


1882

06/28/17 ADOPT: 3010

Title 2511/08/17 ADOPT: 8313, 8313.1, 8313.2, 8317,

8318 AMEND: 8300, 8301, 8302, 8303,8305, 8307, 8308, 8309, 8310, 8311,8312, 8314, 8315, 8316

10/12/17 ADOPT: 5535, 5535.5, 5536, 5536.507/18/17 ADOPT: 5535, 5535.5, 5536, 5536.507/12/17 ADOPT: 6932 REPEAL: 6932

Title 2711/20/17 AMEND: 25600.1, 25600.2, 25601,

25602, 25603, 25607, 25607.2, 25607.5,25607.6, 25607.7, 25607.12, 25607.13

11/15/17 AMEND: 2700111/15/17 AMEND: 2700110/30/17 ADOPT: 25607.32, 25607.3310/30/17 AMEND: 2700008/23/17 ADOPT: Appendix B to 25903 AMEND:

25903, Appendix A to 2590308/02/17 AMEND: 27001

Title MPP11/16/17 AMEND: 44−21107/17/17 ADOPT: 31−137

time- dated material - california fruit fly eradication area — alameda county — notice file no....

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