California Regulatory Notice Register — Register 2024, No. 41-Z (OCTOBER 11, 2024)

Cal. Reg. Notice Reg. 2024, No. 41

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 41–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 11, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest — Notice File Number Z2024–1001–03 .............................................. 1327 AMENDMENT MULTI–COUNTY: Rocketship Education, Inc. TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Public Generally — Notice File Number Z2024–0930–01 ............................................... 1328 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Guava Root–Knot Nematode State Exterior Quarantine — Notice File Number Z2024–0927–01 ................ 1329 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE Commercial Groundfish Management Measure — Notice File Number Z2024–1001–02 ....................... 1332 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE/OFFICE OF SPILL PREVENTION AND RESPONSE Environmental Sensitive Site Protection — Notice File Number Z2024–1001–01 ............................. 1337 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Health Care Committees — Notice File Number Z2024–0927–02 ......................................... 1340 TITLE 16. DEPARTMENT OF CONSUMER AFFAIRS/BUREAU OF HOUSEHOLD GOODS AND SERVICES Household Movers Enforcement Regulations — Notice File Number Z2024–0930–02 ......................... 1342 TITLE 17. DEPARTMENT OF PUBLIC HEALTH Eviscerated Crab — Notice File Number Z2024–0930–03 ............................................... 1348 (Continued on next page)

GENERAL PUBLIC INTEREST DIVISION OF LABOR STANDARDS ENFORCEMENT Notice of Correction to Notice of Availability of Precedential Decisions Index Published on October 4, 2024, Notice Register 2024, Number 40–Z .................................................. 1355

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1355 Sections Filed July 1, 2024 to September 30, 2024 ..................................................... 1358 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $372.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1327 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the au - thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Rocketship Education, Inc. A written comment period has been established commencing on October 11, 2024, and closing on November 25, 2024.

Written comments should be di - rected to the Fair Political Practices Commission, Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

If a public hearing is requested, the proposed code will be submitted to the Commission for review. The Executive Director of the Commission will re - view the above–referenced conflict–of–interest code, proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than November 25, 2024. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses, or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict–of–interest codes shall approve codes as sub- mitted, revise the proposed code, and approve it as re- vised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1328 Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, or email bcisneros@fppc.ca.gov. TITLE 2. FA IR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the au- thority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, pro- poses to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after November 21, 2024, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California, commencing at approximately 10:00 a.m. Written comments should be received at the Commission of - fices no later than 5:00 p.m. on November 20, 2024.

BACKGROUND/OVERVIEW Under the Act, a public official is prohibited from making, participating in making, or attempting to in - fluence a governmental decision if it is reasonably foreseeable that the decision will have a material fi - nancial effect on the official’s financial interest, dis - tinguishable from its effect on the public generally. Regulation 18703 sets forth the rules for applying the “public generally exception.” Subdivision (

a) provides the general rule and the two–prong test to establish if the effect of a decision on an official’s financial inter- est is indistinguishable from the effect on the public generally. The first prong is to determine if a “signif - icant segment” is affected, and the second prong is to ask if the effect on the official’s financial interest “is not unique compared to the effect on the significant segment.” In addition to this test, Regulation 18703(

e) provides special circumstances under which the pub - lic generally exception applies to certain decisions that broadly apply to a large portion of the public. Proposed Amendment of Regulation 18703 The proposed amendments would add a new provi - sion under the special circumstances in subdivision (

e) that would explicitly enable application of the public generally exception to circumstances where the gov - ernmental decision at issue is made by a government entity that manages an airport or harbor and the deci - 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations.

All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. sion broadly affects all persons with a permit, license or use entitlement from the government entity, such as those who lease spaces in airport hangars managed by a multicounty airport district and renters of boat slips managed by a city harbor district Specifically, the proposed revisions to Regulation 18703 would enable the public generally exception to be applied to circumstances where the governmental decision at issue is made by a government entity that manages an airport or harbor, and: (

a) the decision af- fects in a similar manner those permits, licenses or other use entitlements granted by the governmental entity that are broadly available to all others similar - ly situated and are provided on substantially the same terms as for any other recipient; and (

b) the only inter- ests affected relate to the official’s permit, license or other use entitlement from the government entity. The existing regulation provides no specific public generally exception for government entities that man - age airports or harbors.

Moreover, the general rule in the existing public generally exception applies only if the governmental decision affects 25 percent of either all businesses or non–profit entities; all real property, commercial real property, or residential real proper - ty; or all individuals within the official’s jurisdiction. (Regulation 18703(b) (1)–(3).) Because “jurisdiction” is defined as the designated geographical area the offi- cial was elected to represent, or the area to which the official’s authority and duties are limited if not elected (Regulation 18703(d)), an official’s jurisdiction gener- ally includes the entire geographic location in which the agency has jurisdiction, typically a city, county, or an agency with larger multi–county boundaries.

However, identifying a “significant segment” with - in the entire geographic location of an official’s juris - diction is imprecise for an airport or harbor because an official’s authority is specific to the management of the infrastructure and the people using it, and an official’s duties do not necessarily extend to the en - tire city, county or multicounty area for which the air- port or harbor has been created. The proposed revi - sions resolve this by enabling the identification of a “significant segment” among the people who use the infrastructure.

Thus, for instance, under the proposed revisions the public generally exception will apply to a city harbor district if the decision affects all people with a licensed boat slip from the district even if the number of people with a licensed boat slip is less than 25 percent of the business entities or individuals with- in the city, most of whom do not use the harbor.

Under the proposed revisions, the public general - ly exception would apply where an official is a mem - ber of a government entity that manages an airport or harbor with a specific jurisdiction and the governmen- tal decision is relevant only to the government enti - ty’s specific jurisdiction. In these circumstances, the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1329 government entity provides public services through its publicly available infrastructure but generally only to the users of the infrastructure.

Staff has determined that, in such cases, the affected “significant segment” under the public generally exception should be iden - tified among people within the government entity’s specific jurisdiction, provided the governmental deci - sion at issue affects all permit, license or lease holders within the government entity in a similar manner, and the only interests affected by the decision result from the official’s permit, license or other use entitlement from the government entity.

The proposed amendments would enable the pub - lic generally exception to be applied in specific cir - cumstances involving governmental entities that man- age an airport or harbor. These amendments would be consistent with the purpose of the public generally provision in the statute and would harmonize the Act with

Section 1090 in this narrow circumstance. REGULATORY ACTION Adopt Proposed Regulation 18703 Commission staff proposes to amend current Regulation 18703 to enable application of the pub - lic generally exception to circumstances where the governmental decision at issue is made by a govern - ment entity that manages an airport or harbor. The Commission may also consider whether to extend the proposed public generally exception to other govern - mental entities similar to an airport or harbor.

SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im - plement its decisions concerning the issue identified above or any related issue. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Programs. None. AUTHORITY

Section 83112, Government Code provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE Government Code, §§ 87100 and 87103. CONTACT Any inquiries should be made to John Feser, Fair Political Practices Commission, 1102 Q St., Suite 3050, Sacramento, CA 95811; email: jfeser@fppc. ca.gov; telephone (279) 237–5912. The proposed regu- latory language can be accessed at http://www.fppc. ca.gov/the–law/fppc–regulations/proposed–regula - tions–and–notices.html . TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE § 3289 GUAVA ROOT–KNOT NEMATODE STATE EXTERIOR QUARANTINE The Department of Food and Agriculture (Department) proposes to adopt Title 3 of the California Code of Regulations (CCR) Guava Root– Knot Nematode State Exterior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on November 25, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than November 25, 2024.

Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N St, Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. Unless there are substantial changes to the proposed regulations prior to amendment, the Department may adopt the propos-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1330 al as set forth in this notice without further notice to the public. Following the public hearing, if one is re - quested, or following the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to adopt

Section 3289 pursuant to the authority vested by

Section 5301 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301 and 5302 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of adopting the CCR

Section 3289 Guava Root–Knot Nematode State Exterior Quarantine is to provide authority to the State to es - tablish guava root–knot nematode, Meloidogyne en - terolobii, also known as M. mayaguensis , as a quar - antine pest, the area under quarantine, and the articles and commodities covered within, and the restrictions on movement. EXISTING LAWS & REGULATIONS Existing law, FAC

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of these regulations pre - vent the introduction of guava root–knot nematode into California from interstate travel and shipping.

Following these regulations will help prevent the spread of pests within California, which will prevent: ● direct damage to the agricultural industry grow - ing host material ● indirect damage to the agricultural industry grow- ing host due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host crops ● increased pesticide use by homeowners and others ● the need to implement a state interior quarantine ● the need to implement a federal domestic quarantine There are no existing, comparable federal regula - tions or statute.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a) (3) (D), the Department has conducted an evaluation of

Section 3289 and has determined that they are not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et. seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et. seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district requir - ing reimbursement pursuant to Government Code

sec. 17500 et seq.” (Government Code

sec. 11346.5(a) (6).) Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the State: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1331 that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no non- discretionary costs or savings to local agencies or school districts.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has made an assessment that the adoption of 3289 would: (1) not create or eliminate jobs in the state of California, (2) not create new busi- nesses or eliminate existing businesses in the state of California,(3) not affect the expansion of businesses currently doing business in the state of California, (4) benefit the health and welfare of California residents, (5) benefit the state’s environment, and (6) not expect- ed to benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing the establishment of a pest that could spread into the local environment via the surrounding non–agricultural ecosystems. Infestations lead to increased costs to the consumers of host materials and increased pesticide usage. This regulation will help maintain the economic baseline.

The state’s environment: The proposed action will benefit the environment as preventing the establish - ment of a pest lowers the risk that the pests could spread into the local environment via the surrounding non–agricultural ecosystems.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the pub - lic for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1332 TITLE 14. DEPARTMENT OF FISH AND WILDLIFE ADOPT

SECTION 35.00 AMEND SECTIONS 150.06, 150.16, 189 RE: COMMERCIAL GROUNDFISH MANAGEMENT MEASURES NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife (Department) proposes to adopt

Section 35.00 and amend sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR). The purpose of this proposed regulatory change is to continue existing regulations put in place by emergen- cy action (OAL # 2024–0202–02E and 2024–0726– 02EE) by way of certificate of compliance standard action. The proposed certificate of compliance ac - tion is necessary to preserve allowable state permitted nearshore opportunity, while also complimenting re - cent changes to federal regulations regarding the com- mercial take of groundfish south of 37° 07’ N latitude.

After consideration of all public comments, ob - jections, and recommendations regarding the pro - posed action, the Department may adopt the proposed regulations. PUBLIC HEARING NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held virtually via webinar/ teleconference: Public Hearing: Date: Wednesday, December 4, 2024, 1:00 to 2:00 p.m. PST Location: Teleconference Details will be provided at least seven days in advance of the meeting at www. wildlife.ca.gov/Notices/Regulations.

WRITTEN COMMENT PERIOD Written comments may be submitted at any time be- fore or on December 4, 2024, by mail or email to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention Ona Alminas, Regulations Unit Manager P.O.

Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California quillback rockfish ( Sebastes malig- er) population is in decline, with the recent quillback rockfish stock assessment concluded that the popula - tion of quillback rockfish in California is overfished, and the population is estimated at only 14 percent of the unfished population.

The emergency action currently in effect arose from resultant overfishing of quillback rockfish in 2023 and subsequent closure of the entire nearshore fishery in the state waters via federal regulations, implement - ed January 1, 2024. The federal inseason manage - ment changes established the shoreward boundary of the federal non–trawl Rockfish Conservation Area at the 3 nautical mile boundary or shoreward Exclusive Economic Zone (EEZ) and resultant trip limits are to apply in federal waters only (including speci - fying a trip limit of zero for minor nearshore rock - fish).

Subsequent federal inseason action modified the southern boundary of the area affected by the regula - tions implemented on January 1, 2024. It is necessary that the California Department of Fish and Wildlife (Department) continue the action to reduce mortality of quillback rockfish based upon up- dated analyses of commercial data.

The Department proposes to make the emergency action long–term via a certificate of compliance action to continue the California Groundfish Restriction Area (CGRA) and trip limits for commercial take of nearshore rockfish, except for quillback rockfish, and California scorpion- fish in state waters outside of the CGRA. Specifically, the Department’s certificate of com - pliance would maintain a 20–fathom boundary line approximating the 20–fathom depth contour be - cause available fishery data indicate quillback rock - fish off California are infrequently encountered in wa- ters shallower 20– fathoms.

This 20–fathom bound - ary line will continue to be available for use in man - agement for both the commercial and recreation - al groundfish fisheries, as needed. Additionally, this action maintains the commercial CGRA between the 20–fathom boundary line and the shoreward boundary of the EEZ to north of 37° 07’ N latitude (i.e., would prohibit commercial groundfish fishing between the 20–fathom and the shoreward boundary of the EEZ in this area).

North of 37° 07’ N latitude, the proposed ac- tion would maintain trip limits for groundfish species authorized for take under a nearshore (also known as shallow) or deeper nearshore permit, while also pro - hibiting commercial take of all other non–nearshore groundfish in state waters. Further, regulations state - wide would be clarified, while also extending federal commercial groundfish regulations, except for those pertaining to state permitted nearshore species, into

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1333 state waters south of 37° 07’ N latitude (i.e., the area that was modified by recent federal action). Trip lim - its for groundfish species authorized for take under a nearshore or deeper nearshore permit would contin - ue to be authorized in state waters south of 37° 07’ N latitude.

BENEFITS OF THE PROPOSED REGULATIONS This proposed certificate of compliance action will continue appropriate conservation measures for the quillback rockfish resource, while re–establishing continued economic opportunities to target and retain other nearshore opportunities. The Department anticipates the proposed action will have positive impacts on the commercial near - shore fishery.

At this time, commercial nearshore fish- ery permittees and deeper nearshore species permit - tees who hold limited–entry permits authorizing take of shallow and deeper nearshore rockfish, cabezon and greenlings, are bound by federal regulations applica - ble to waters north of 37° 07’ N latitude that speci - fy these fisheries are closed or limited to zero–take in federal waters.

The proposed certificate of compli - ance action will allow these permittees to resume har- vesting these species at previously authorized catch levels but will require them to operate in state waters only between the 20–fathom boundary line and the shoreline. The proposed certificate of compliance action would also continue a series of waypoints to define this new 20–fathom boundary line, which is needed for fish - eries to be able to operate in the shallowest of depths where quillback rockfish do not reside.

Without the 20–fathom boundary line and the authorization to fish shoreward of that line, these fisheries would remain closed. Without the Department’s proposed certificate of compliance action, impacts to quillback rockfish from the unlimited non–nearshore commercial ground - fish fishery would continue to accrue past an expira - tion of the current emergency in effect. The result will be continued unsustainable fishery bycatch mortality of quillback rockfish. It would likely result in the ex - ceedance of the very small catch limits for this spe - cies, which would be inconsistent with federal law.

Commercial fishing for groundfish stocks other than those authorized by a nearshore or deeper nearshore permit would continue in state waters, while also pro- hibiting the take of nearshore groundfish stocks in ar - eas where quillback rockfish are infrequently encoun- tered. This would result in serious economic harm to nearshore fishery participants and business that rely upon them. while also not mitigating impacts to quill- back rockfish.

CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The Legislature may delegate to Department such powers relating to the protection and commercial fish- ery resources as the Legislature sees fit, including the authority to adopt regulations pertaining to commer - cial fisheries (e.g., Fish and Game Code Sections 200 and 7652). No other state agency has the authority to adopt regulations governing commercial groundfish stocks.

Department staff has searched the California Code of Regulations and has determined that other state regulations that apply to management of com - mercial groundfish fisheries are not inconsistent nor incompatible with the proposed regulations. The Department therefore finds that the proposed regula - tions are neither inconsistent nor incompatible with existing state regulations. AUTHORITY AND REFERENCE

Section 35.00 Authority Cited: 200, 702, 7071, 7652 and 8587.1, Fish and Game Code. Reference: 200, 205, 702, 1802, 7071, 7652, 8585.5 and 8587.1, Fish and Game Code.

Section 150.06 Authority cited: Sections 7071, 7652 and 8587.1, Fish and Game Code. Reference: Sections 7071, 7652, 8585.5 and 8587.1, Fish and Game Code.

Section 150.16 Authority cited: Sections 702, 7071 and 8587.1 Fish and Game Code. Reference: Sections 1802, 8585.5, 8586, 8587 and 8587.1, Fish and Game Code.

Section 189 Authority cited:

Section 7652, Fish and Game Code. Reference: Sections 7652, 7652.2, and 8607, Fish and Game Code. Documents Incorporated By Reference: None. Documents Relied Upon: Amendment 32 repealing the Cowcod Conservation Areas posted in 88 Federal Register 83830 available from: https://www.federalregister.gov/ documents/2023/12/01/2023–25905/magnuson– stevens–act–provisions–fisheries–off–west– coast–states–pacific–coast–groundfish–fishery.

Inseason rule removing trip limits for nearshore species north of 36° N latitude posted in 88 Federal Register 90127 available from: https://www.federalregister.gov/ documents/2023/12/29/2023–27689/magnuson– stevens–act–provisions–fisheries–off–west– coast–states–pacific–coast–groundfish–fishery.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1334 Quillback overfished determination available from: https://www.fisheries.noaa.gov/bulletin/noaa– fisheries–announces–overfished–determination– quillback–rockfish–california. Inseason rule modifying 36° N latitude to 37° 07’ N latitude posted in 89 Federal Register 22342 available from: https://www.federalregister.gov/ documents/2024/04/01/2024–06775/magnuson– stevens–act–provisions–fisheries–off–west– coast–states–pacific–coast–groundfish–fishery.

DISCLOSURES REGARDING THE PROPOSED ACTION: Impact of the Regulatory Action/Results of the Economic Impact Assessment The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulation has been assessed, and the following initial determinations relative to the required statutory cate - gories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: None. The Department does not anticipate that the pro - posed action will have significant statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states.

Without the proposed certificate of compliance action, the commercial near- shore fishery would be closed and quillback rockfish bycatch mortality would continue to accrue from the non–nearshore groundfish fishery. Allowing quillback rockfish mortality to exceed the small federal limits for California would be inconsistent with federal reg - ulation and would result in the closure of nearshore and non–nearshore groundfish fishing.

The proposed action ensures that the non–nearshore fishery can con- tinue to operate in federal waters where there is less risk to the quillback rockfish resource while keeping the nearshore fishery open, allowing both to continue competing in the marketplace. Without the proposed changes the commercial nearshore fisheries would be closed, and restaurants and other fish businesses would seek alternative groundfish suppliers from oth - er states, such as Oregon.

The proposed changes pro - vide improved enforceability and clarification of exist- ing regulations that aid in the continued preservation of marine resources while endeavoring to minimize interruptions to commercial harvest opportunities, and thus, the prevention of adverse economic impacts. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: None.

The Department does not anticipate adverse im - pacts on the creation or elimination of jobs within the state given that the proposed amendments are to com- mercial groundfish regulations, which maintain ac - cess of the nearshore fishery to permittees while the non–nearshore groundfish fishery may continue to op- erate in federal waters. The Department does not an - ticipate adverse impacts on the creation of new busi - ness, the elimination of existing businesses, or the expansion of businesses in California.

The proposed changes are to provide improved enforceability and clarification of existing regulations, while keeping the nearshore groundfish fishery open instead of fully closed. The proposed certificate of compliance regu - lations close state waters to the take of non–nearshore groundfish north of 37° 07’ N latitude. However, this fishery may continue to federal waters.

Taken togeth - er, the proposed certificate of compliance action and are not anticipated to change the annual level of har - vest activity or the demand for goods and services re - lated to marine resource harvest that could impact the demand for labor, induce the creation of new business- es, eliminate existing businesses, or cause the expan - sion of businesses in California. The Department does not anticipate any benefits to the health and welfare of California residents or to worker safety from the pro - posed action.

The Department anticipates benefits to the State’s environment directly through maintaining the harvest of healthy stocks while mitigating mortali- ty of quillback rockfish to ensure that their population is able to rebuild. (

c) Cost Impacts on Representative Person or Business: The Department is aware of cost impacts that a rep- resentative private person or business could reason - ably incur as a result of compliance with the proposed action. The Department estimates that for the areas impacted by the proposed action, a total of 202 vessels were participating in the commercial groundfish fish - ery in varying capacities.

From those 202 vessels, a to- tal of 97 vessels did not fish in federal waters in the pe- riod preceding changes to federal and state regulations (2022) and may incur varying degrees of cost impact as a result of the proposed regulations. However, of the 97 vessels that did not fish in federal waters, 52 vessels actively fished nearshore fish stocks. Given the pro - posed regulations would maintain the nearshore fish - ery in state waters, these vessels could continue fish - ing in state waters for nearshore fish stocks or elect to fish federal waters for non–nearshore groundfish.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1335 Under the proposed regulations, the remain - ing 45 vessels would no longer be able to fish for non–nearshore groundfish in state waters and would have to fish in federal waters to commercially access non–nearshore groundfish stocks. These vessel owners would need to abide by federal groundfish regulations, which in part, require a Vessel Monitoring System (VMS) while commercial fishing for or possessing commercial groundfish in federal waters.

Costs asso - ciated with conforming to federal VMS requirements include the purchase of an approved VMS unit, which is fully reimbursable through a federal program while funding is available. Vessel owners would also be re - quired to pay a monthly service fee, which may range approximately between 30 and 75 dollars per month, depending on the service provider. While 45 vessels are estimated to be the maximum number that may be impacted by the proposed regula- tions, it is more likely that fewer vessels are will be se- verely impacted by the proposed regulation.

A review of the landings data for these vessels indicates that a majority had relatively small landings of groundfish and may wish to switch to non–groundfish species or other opportunities. Of the 45 vessels that have land - ed non–nearshore groundfish and have not fished in federal waters, the average annual landed weight of groundfish is 388 pounds, resulting in an average ex– vessel value of $1,427.88. Approximately four of those vessels landed an average of 22,055 pounds, with an average ex–vessel value of $41,108.87.

Given this dis- parity of the landed weight and ex–vessel value be - tween these four vessels and the majority of the re - maining vessels, it is likely that the proposed regula - tions and the additional costs imposed by conforming to federal groundfish regulations may impact fewer than 10 vessels due to their likely preference to con - tinue harvesting groundfish versus other species. This would result in combined direct cost impact of approx- imately $1,400 to $3,600, annually (see Economic and Fiscal Impact Statement [STD 399] and Addendum). (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: This certificate of compliance adoption of the emer- gency rulemaking will not result in any costs or sav - ings to state agencies and does not affect federal fund- ing to the state. The Department has determined that the certificate of compliance action for this the com - mercial groundfish emergency will not affect license or landing fee revenues or the Department’s existing level of expenditures on monitoring and enforcement activities. Additionally, no other state agencies would be affected by this regulatory action. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

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

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. Effect on Small Business The Department anticipates that the proposed certif- icate of compliance action may affect small businesses. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department concludes that the proposed regu - lation will not create additional job opportunities; re - sult in the elimination of jobs or existing businesses, create new businesses, eliminate existing businesses, or expand businesses in the state. (

a) Effects of the Regulation on the Creation or Elimination of Jobs Within the State: The Department does not anticipate that the pro - posed regulation will prompt the creation or the elim - ination of jobs within the state. The proposed amend - ments maintain access of the nearshore fishery in state waters to nearshore permittees while non–nearshore fishery participants may operate in federal waters and are not expected to negatively affect current harvest activity, nor would they precipitate the creation of jobs or the elimination of jobs. (

b) Effects of the Regulation on the Creation of New Businesses or the Elimination of Existing Businesses Within the State: The Department does not anticipate that the pro - posed regulation would induce impacts on the expan - sion of businesses currently doing business within the state. The proposed regulation is not anticipated to in- crease demand for services or products from the ex - isting businesses that serve individuals who engage in groundfish harvest. By maintaining access to the nearshore groundfish fishery, while non–nearshore groundfish participants may continue to operate in federal waters they allow present economic activity to continue. (

c) Effects of the Regulation on the Expansion of Businesses Currently Doing Business Within the State: The Department does not anticipate that the pro - posed regulation would induce impacts on the expan - sion of businesses currently doing business within the state. The proposed regulation allows for continued harvesting activity in the nearshore groundfish fish - ery while non–nearshore participants may continue to operate in federal waters and is not anticipated to in - crease demand for services or products from the ex -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1336 isting businesses that serve individuals who engage in nearshore groundfish harvest. (

d) Benefits of the Regulation to the Health and Welfare of California Residents: The Department does not anticipate benefits to the health and welfare of California residents because the proposed regulatory change has no relation to health or welfare. (

e) Benefits of the Regulation to Worker Safety: The Department does not anticipate any benefits to worker safety in California because this action will not affect working conditions. (

f) Benefits of the Regulation to the State’s Environment: The Department anticipates benefits to the State’s environment directly through maintaining the harvest of healthy stocks while mitigating mortality of quill - back rockfish to ensure that their population is able to rebuild. It is the policy of this state to encourage the conservation, maintenance, and utilization of the liv - ing resources of waters under the jurisdiction and in - fluence of the state for the benefit of all the citizens of the state. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Department must de- termine that no reasonable alternatives to the proposed regulation it considered or that have otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the regulation is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to af- fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Department invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the regulations during the written comment period. AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Department website at https://wildlife. ca.gov/notices/regulations/.

The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramento, CA 95814 (17th floor). The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to: California Department of Fish and Wildlife Ona Alminas, Regulations Unit P.O.

Box 944209 Sacramento, CA 94244–2090 Telephone: (916) 902–9109 Email: regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: Andrew Klein, Environmental Scientist California Department of Fish and Wildlife 20 Lower Ragsdale Drive, Suite 100 Monterey, CA 93940 Telephone: (831) 241–1830 Email: groundfish@wildlife.ca.gov The rulemaking file consists of: ● Notice of Proposed Regulatory Action ● Initial Statement of Reasons ● Proposed Text of the Regulation: ○ Addition of

Section 35.00, Title 14, CCR ○ Amendment of Sections 150.06, 150.16, and 189, Title 14, CCR ● Economic and Fiscal Impact Statement (Form STD 399) and addendum ● Documents or Reports supporting the proposed regulation change AVAILABILITY OF DOCUMENTS ON THE INTERNET The rulemaking file is available online at: https://wildlife.ca.gov/Notices/Regulations/ FederalGroundfish. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all the timely and relevant com - ments received, the Department may adopt the pro - posed regulation substantially as described in this no - tice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulation as re - vised. Please send requests for copies of any modi - fied regulation to the Regulations Unit at the address above. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1337 AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by checking the website at the link provided above, or the Regulations Unit at the address above. TITLE 14. DEPARTMENT OF FISH AND WILDLIFE OFFICE OF SPILL PREVENTION AND RESPONSE ENVIRONMENTAL SENSITIVE SITE PROTECTION Notice is hereby given that the Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR) proposes to adopt subchapter 4.1 and

section 828.1 into subdivision 4 of title 14 of the California Code of Regulations. This rulemaking action per - tains to Environmental Sensitive Site Protection. Additionally, OSPR proposes conforming amend - ments to sections 790, 815.01, 815.03, 815.07, 816.06, 817.01, 817.02, 817.03, 818.01, 818.02, 818.03, 819, 819.01, 819.02, 819.03, 819.04, 820.1, 825.01, 825.03, 825.07, 827.01, 827.02, 873.5. The following are pro- posed for repeal: the Shoreline Protection Tables (August 2013), and sections 815.05 and 825.05 of title 14 of the California Code of Regulations.

OSPR invites interested persons to present com - ments, statements, or arguments with respect to the regulations during the written comment period iden - tified below. SUBMISSION OF WRITTEN COMMENTS Any interested person or his or her authorized repre- sentative may submit to OSPR written comments rel - evant to the proposed regulatory action. The written comment period closes at 8:00 a.m. (Pacific Time) on Tuesday, November 26, 2024. All written com - ments must be received by OSPR by then to be consid- ered.

Written comments may be submitted by mail or email, as follows: Department of Fish and Wildlife Office of Spill Prevention and Response P.O. Box 944209 Sacramento, CA 94244–2090 Email: OSPRRegulations@wildlife.ca.gov OSPR requests that comments be prepared on a separate document, rather than as digital markups or digital notes inserted into copies of the rulemaking documents. PUBLIC HEARING OSPR has not scheduled a public hearing on this proposed action. However, pursuant to Government Code

section 11346.8, OSPR will hold a public hear - ing if a written request is received at the address be - low from any interested person or his or her autho - rized representative no later than fifteen (15) calen - dar days before the end of the 45–day comment period identified above. AUTHORITY AND REFERENCE Authority: Government Code sections 8574.7, 8670.7.5, 8670.28, 8670.29, and 8670.30. Reference: Government Code sections 8574.7, 8670.28, 8670.29, and 8670.30. INFORMATIVE DIGEST & POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Objectives of the Proposed Action The Lempert–Keene–Seastrand Oil Spill Prevention and Response Act (Chapter 1248, Statutes of 1990) (the “Act”) created a comprehensive state oil spill program for the protection of California’s natural re - sources. Among its many provisions, it required the adoption of regulations requiring oil spill contingency plans by owners or operators whose operations pose an oil spill threats to marine waters of the state. These plans are to be used in the response effort in the event of a spill of oil into marine waters of the state.

The Act authorizes the Administrator of OSPR to require that all necessary prevention measures are taken, and that sufficient response resources and ca - pability is available. Additionally, the Administrator is required to establish regulations and guidelines that provide for the best achievable protection of the coastal and marine resources and ensure that all ar - eas of the coast are protected by prevention, response, containment and cleanup equipment, personnel and operations.

The proposed Environmental Sensitive Site Protection regulations and associated Site Protection Table (Table) provide a standard for the statutori - ly mandated best achievable protection of coastal re - sources, as required by Government Code sections 8670.28 and 8670.29. The Table identifies certain en - vironmentally sensitive sites in the coastal regions of California, the hour by which they must be protected, and the necessary equipment to be utilized in the event of an oil spill to California’s coastal waters and natu - ral resources.

Adoption of these regulations will replace the ex - isting Shoreline Protection Tables (2013), a document

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1338 incorporated by reference in a number of OSPR’s reg- ulations. Additionally, it serves to codify sensitive site protection requirements within the California Code of Regulations.

Anticipated Benefits of the Proposed Action The benefits of the proposed regulations will up - date and improve upon the existing dataset (Shoreline Protection Tables [2013]); will make the requirements more easily accessible by codifying it in the official California Code of Regulations; will lessen the re - quirements on those subject to the regulations; and will streamline the updating process moving forward. Evaluation of Inconsistency or Incompatibility with Existing State Regulations The proposed regulations are not inconsistent or in- compatible with existing state regulations.

After con - ducting a review for any state regulation or statute that would relate to or affect this topic, OSPR has conclud- ed that these are the only regulations dealing with re - quirements for sensitive site protection in California. DETERMINATIONS REGARDING THE PROPOSED ACTION OSPR has made the following determinations, as required by Government Code sections 11346.5(a) (5), (6), (7), (9) and State Administrative Manual

section 6601: (

a) Mandate upon local agencies and school districts: None. (

b) Costs or savings to any state agency: None. (

c) Costs or savings to any local agency: None. (

d) Costs or savings to any local agency or school districts which must be reimbursed in accordance with

part 7, division 4 (commencing with

section 17500) of the Government Code: None. (

e) Other non–discretionary costs or savings imposed upon local agencies: None. (

f) Costs or savings in federal funding to the state: None. (

g) Significant effect on housing costs: None. (

h) Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: The proposed action will not have a significant statewide adverse economic impact directly affecting business or affect the ability of California businesses to compete with businesses in other states. These proposed regulations serve to update, streamline, and make clearer the requirements those subject to them already comply with. (

i) Cost a representative private person or business would necessarily incur in reasonable compliance: OSPR is not aware of any cost impacts that a representative private person would necessarily incur in reasonable compliance with the proposed action. The proposed regulations do not impact individuals. The bulk of the costs will be incurred by oil spill response organizations (OSRO) who voluntarily choose to provide spill remediation services of environmentally sensitive sites to plan holders. OSROs are not required to be rated by the Office of Spill Prevention and Response (OSPR).

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Regarding the proposed regulations, OSPR makes the following determinations: ● Whether this is a “major regulation,” having an economic impact on businesses and individuals exceeding $50,000,000 in any 12–month period between the date the regulation is estimated to be filed with the Secretary of State through 12 months after the regulations is fully implement - ed: These regulations are not considered “major regulations” as we estimate the cost to comply with the requirements to be less than $50 million annually. ● Effects of the regulation on the creation or elimi- nation of jobs within the State of California: It is estimated that less than 50 jobs may be created by these regulations.

No jobs will be eliminated. ● Effects of the regulation on the creation of new businesses or the elimination of existing busi - nesses within the State of California: OSPR has determined that the proposed regulations will neither create nor eliminate businesses in the State of California. The changes being proposed to the existing regulatory requirements will not lead to new entities entering the market. ● Effects of the regulation on the expansion of busi- nesses currently doing business within the State of California: There is potential for businesses currently operating within California to expand.

Oil spill response organizations that currently do not provide sensitive site protection services along some portions of California’s coast may have an opportunity to expand their services with the improvements and greater flexibility created by these regulations. ● ● Benefits of the regulation to the health and welfare of California residents, worker safety, or to the State’s environment: OSPR’s contingency plan regulations must provide best achievable protection of natural resources and state waters. The proposed regulations will provide benefits

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1339 to the health and welfare of California residents, worker safety, and the state’s environment by en- suring that adequate sensitive site protection re - sponse resources are available in the time frames required, in turn mitigating the impacts of an oil spill to California’s environmental sensitive sites and shoreline environment. ● Business Reporting Requirement: The proposed regulations do not impose regular reporting re - quirements; only a one–time cost to update ex - isting plans. ● Effect on small business: This regulatory action will not affect small business.

None of the busi - nesses affected are small businesses as described and defined by

section 11346.3(b) (4) (

A) and (

B) or

section 11342.610 of the Government Code. CONSIDERATION OF ALTERNATIVES In an effort to solicit broader feedback and poten - tially improve upon the proposed regulations prior to commencing formal rulemaking, OSPR engaged in - terested stakeholders and those that may be subject to these regulations in a number of informal meetings and scoping sessions. The scoping sessions were held in–person in both Northern and Southern California. A discussion of the alternatives considered can be found in the Initial Statement of Reasons. In accordance with Government Code

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

OSPR could identify no other alternatives to the proposed regulations submitted with this Notice that would: ● Meet statutory mandates. ● Have the same desired regulatory effect. ● Meet the same goals for identifying sensitive site protection strategies and provide sufficient protection. ● Improve upon the existing dataset. ● Reduce requirements on those subject to these regulations. ● Streamline the updating process. OSPR invites interested persons to present reason - able alternatives to the proposed regulations during the 45–day formal written comment period identified on page one of this notice.

AVAILABILITY OF DOCUMENTS/OSPR CONTACT PERSON OSPR will have the entire rulemaking file available for inspection and copying at its office at the address below. As of the date this notice is published in the California Regulatory Notice Register, the rulemaking file consists of this notice, the text (“express terms”) of the regulations proposed for adoption, the text of the regulations proposed for amendment, the Initial Statement of Reasons, any documents relied upon, and the Economic and Fiscal Impact Statement (STD 399).

Please direct inquiries concerning the regulatory process, or requests for copies of any documents com- prising the rulemaking file to the following: Department of Fish and Wildlife Office of Spill Prevention and Response Attention: Christine Kluge P.O. Box 944209 Sacramento, CA 94244–2090 Phone: (916) 827–6553 Email: Christine.Kluge@wildlife.ca.gov The backup contact for this proposed action is: Department of Fish and Wildlife Office of Spill Prevention and Response Attention: Mia Roberts P.O.

Box 944209 Sacramento, CA 94244–2090 Phone: (661) 361–6256 Email: Mia.Roberts@wildlife.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET This notice and related rulemaking documents iden- tified above can also be accessed at on OSPR’s website at https://wildlife.ca.gov/OSPR/Legal/Rulemakings/ Sensitive–Site–Protection. AVAILABILITY OF CHANGED OR MODIFIED TEXT At the close of the 45–day comment period, and con- sidering all timely and relevant comments received, OSPR may adopt the proposed regulations substan - tially as described in this notice.

If OSPR makes mod- ifications which are sufficiently related to the original- ly proposed text, the modified text (with the changes clearly indicated) shall be made available to the pub - lic for at least 15 calendar days before OSPR adopts the regulations as revised. Any such modifications will also be posted on OSPR’s website. Please send re- quests for copies of any modified regulations to the attention of the contact person(

s) as indicated above.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1340 OSPR will accept written comments on the modi - fied regulations for 15 calendar days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available on OSPR’s website noted above and may be requested from the contact person named in this notice. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION CRIME PREVENTION AND CORRECTIONS NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemak - ing authority granted by PC

section 5058, proposes to amend sections 3999.98, 3999.109, 3999.114, 3999.116, and adopt

section 3999.312 of the California Code of Regulations (CCR), Title 15, Division 3, concerning Health Care Committees. PUBLIC HEARING A virtual public hearing will be held on November 25, 2024. To join the virtual hearing follow this link: https://cchcs.ca.gov/health–care–regs/, or you may call (916) 701–9994 and enter phone conference ID 433 559 56# to join by phone (audio only) between the hours of 1:30 p.m. and 2:00 p.m. on November 25, 2024. PUBLIC COMMENT PERIOD The public comment period will close on November 25, 2024.

Any person may submit public comments in writing (by mail or by email) regarding the proposed changes. To be considered, comments must be submit- ted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by email to HealthCareRegulations@cdcr.ca.gov be - fore the close of the comment period. CONTACT PERSON Please direct any inquiries regarding this action to: R. Hart Associate Director Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691–2922 A.

Burrell Staff Services Manager II Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691–2921 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of abolished prede - cessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

section 5000 provides that commencing July 1, 2005, any reference to the Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections, in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

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

section 5058 authorizes the Director to pre - scribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows:

Section 5058, Penal Code. Reference:

Section 5054, Penal Code; and Plata v. Newsom (Number C01–1351 JST), U.S. District Court, Northern District of California; Authority cited:

Section 5058, Penal Code. Reference:

Section 5054, Penal Code; Plata v. Newsom (Number C01–1351 JST), U.S. District Court, Northern District of California; and Sections 443, 443.1, 443.2, 443.3, 443.4, 443.5, 443.6, 443.7, 443.8, 443.9, 443.10, 443.11, 443.12, 443.13, 443.14, 443.15, 443.16, 443.17, 443.18, 443.19, 443.20, 443.21, 443.215 and 443.22, Health and Safety Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1341 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sections 3999.98, 3999.109, 3999.114, 3999.116, and adopt sec- tion 3999.312 of the CCR, Title 15, Division 3, gov - erning health care committees. Existing regulations regarding the functions and scopes of several health care committees are outdated and do not align with current practices of the Department. Also, existing Title 15 regulations do not capture the function and scope of the Clinical Documentation and Decision Support Committee, Mortality Review and Reporting, Systemwide Pharmacy and Therapeutics (P&

T) Committee, and Care Team Enhanced Conference (CTEC). This action provides the following: ● This regulatory action aligns functions and scopes of health care committees with current Department practices and processes. ● This regulatory action also provides authority to CDCR staff for establishing and maintaining new health care committees for better patient care and outcome. ● Clarify existing mortality reporting and review - ing process and identify opportunities for im - provement related to patient safety, quality of health care services, and patient outcomes.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regula - tions will benefit the CDCR staff and patients by en - suring the functions and scopes of health care com - mittees align with updated practices and processes and creating standardized set of operational proce - dures and requirements to numerous health care com - mittees for better patient care and outcome. EVALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a) (3) (D), the Department must evaluate whether the proposed reg - ulations are inconsistent or incompatible with exist - ing State regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has determined these proposed regu - lations are not inconsistent or incompatible with any existing regulations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no man - dates on local agencies or school districts, or a man - date which requires reimbursement pursuant to GC

section 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 determination that the proposed action will have no significant effect on housing costs because the proposed regulations re- late strictly to health care committees, which only af - fects staff ad patients within CDCR.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to compete with businesses in other states because the proposed action relates strictly to health care committees, which only affects staff and patients within CDCR. RESULTS OF ECONOMIC IMPACT ASSESSMENT The Department does not expect that the proposed regulations will have an impact on the creation or elim- ination of jobs within California.

The proposed regu - lations relate strictly to health care committee updates and the mortality reporting and reviewing process, which only affects patients and staff within CDCR. The proposed regulations will have no effect on the State’s environment as the State’s environment is not impacted by these administrative and opera - tional changes and clarifications to the Health Care Committees.

In addition, the Department has deter - mined that the proposed regulations will have no im - pact on the creation of new businesses or elimination of existing businesses within California and will not affect the expansion of businesses currently doing business in California because the proposed action re-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1342 lates strictly to the Health Care Committees, which only affects staff and patients within CDCR. BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regula - tions will benefit the CDCR staff and patients by en - suring the function and scope of health care commit - tees align with updated practices and processes and creating standardized set of operational procedures and requirements to numerous health care committees for better patient care and outcome.

It also establishes and maintains the functions and scopes of the CTEC. Additionally, the proposed regulations will have no ef- fect on the State’s environment, as the State’s environ- ment is not impacted by these operational and proce - dural changes and clarifications. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. The proposed action relates strictly to health care committees, which only affects staff and patients within CDCR.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse economic impact on small businesses because the proposed ac - tion relates strictly to health care committees, which only affects staff and patients within CDCR.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law.

The Department has made an initial determina - tion that the action will not have a significant adverse economic impact on business. Additionally, there has been no testimony, reasonable alternative, or other ev- idence provided that would alter the CDCR’s initial determination to proceed with this action. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail - able, the proposed text and the Initial Statement of Reasons (ISOR) of the proposed regulatory action.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the contact per - son listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website https://cchcs.ca.gov and CDCR institution law libraries. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the con - tact person listed in this Notice.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed reg- ulations substantially as described in this Notice. If the Department makes modifications which are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Requests for copies of any modified regula - tion text should be directed to the contact person list - ed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 16. DEPARTMENT OF CONSUMER AFFAIRS/BUREAU OF HOUSEHOLD GOODS AND SERVICES HOUSEHOLD MOVER ENFORCEMENT REGULATIONS NOTICE IS HEREBY GIVEN that the Bureau of Household Goods and Services (Bureau) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regarding the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1343 PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days prior to the close of the written comment period. A hear - ing may be requested by making such request in writ - ing addressed to the individuals listed under “Contact Person” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no lat - er than by Monday, November 25, 2024, or must be received by the Bureau at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by Stats. 2017, Ch. 421,

Section 8 (SB 19) and, sections 125.9, 137, 148, 482, 19228, 19239, and 19268 of the Business and Professions Code (BPC), to implement, interpret, or make specific Stats. 2017, Ch. 421,

Section 8 (SB 19) and, BPC section(s) 10, 125.9, 141, 148, 149, 480, 481, 482, 485, 490, 493, 9810, 19225, 19225.5, 19228, 19236, 19237, 19239, 19239.4, 19268, 19275, 19277, 19277.1, 19278, 19279, 19279.1, 19279.2, 19280, 19281, 19282, 19283, 19283.1, and sections 11505(

c) and 11522 of the Government Code, the Bureau is considering amend - ing Division 27, and adopting Chapters 1 and 2 with titles,

Section 2800 in

Article 1 with titles, Sections 2940, 2941, 2942, and 2943 in

Article 2 with titles, and Sections 2970, 2971, and 2972 in

Article 3 with titles in

Chapter 2 of Division 27 of Title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department of Consumer Affairs (DCA), Bureau of Household Goods and Services (Bureau), is the state agency charged with licensing, regulating, and investigating complaints against 17 different li - cense categories in California, totaling approximately 41,285 licensees pursuant to Business and Professions Code

section 9810. These licensing categories include Appliance Service Dealers, Electronic Service Dealers, Furniture and Bedding Manufacturers, Custom Upholsterers, Thermal Insulation Manufacturers, and Service Contract Sellers and Obligors. It is the Bureau’s duty to enforce and administer various sec - tions of the Business and Professions Code (BPC), in- cluding

Chapter 20 of Division 3 (commencing with

Section 9800), and

Chapter 3 (commencing with

Section 19000) and

Chapter 3.1 (commencing with

Section 19225) of Division 8. In 2018, the Legislature passed Senate Bill (SB) 19 (Hill,

Chapter 421, Statutes of 2017), which trans - ferred the authority to regulate household movers from the Public Utilities Commission (Commission) to the Bureau. Specifically, SB 19 transferred administration of the Household Goods Carriers Act to the Bureau by renaming the Household Goods Carriers Act to the Household Movers Act and moving the Household Movers Act (Act) to

Chapter 3.1 of Division 8 of the BPC,

section 19225, et seq.

Section 19234.1 of the Act states: “Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection, of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be par- amount.” 1 In transferring authority to the Bureau, the Legislature found and declared in

Section 3 of SB 19 (enacted as described below as the “CPUC Oversight Act”) that the Bureau succeeds to and is vested “with all the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the Public Utilities Commission, its predecessors, and its officers for the purposes of [the transfer],” including the authority to “prescribe reasonable rules and regulations as may be necessary to implement, administer, and enforce” the Bureau’s duties in addition to rules and regula - tions specifically authorized by the California Public Utilities Commission Governance, Accountability, Training, and Transportation Oversight Act of 2017 (“CPUC Oversight Act” –– Stats. 2017, Ch. 421, § 8) or any other provision of law.

Likewise, BPC

section 19228 states: (

a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the Public Utilities Commission pursuant to the former

Chapter 7 (commencing with

Section 5101) of Division 2 of the Public Utilities Code are transferred to, and may be exercised by, the director in administering this chapter. (

b) All rules, regulations, general orders, forms, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, adopted, administered, or enforced by the Public Utilities Commission for purposes 1 “License” and “permit” will be used interchangeably through - out this document in accordance with BPC

section 23.8, which defines “licensee” as any person authorized by a license, certifi- cate, registration, or other means to engage in a business or pro - fession regulated by the BPC.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1344 of implementing and administering the former

Chapter 7 (commencing with

Section 5101) of Division 2 of the Public Utilities Code, that are in effect immediately preceding July 1, 2018, shall remain in effect and shall be administered and enforced by the director, until the operative date of regulations adopted by the director to implement this chapter. (

c) Until the operative date of regulations implementing this chapter, household movers shall observe the rules, regulations, general orders, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, that are administered and enforced by the director pursuant to this chapter. A violation of those rules, regulations, general orders, or tariff may be grounds for discipline.

Currently, the Bureau has no division in the California Code of Regulations that pertain to house - hold movers and the Bureau’s regulation in accor - dance with the Act or that contain all rules necessary for the performance of the Bureau’s duties as autho - rized by the CPUC Oversight Act and the Act.

Thus, to implement the Act and pursuant to the Bureau’s au- thority described above, the Bureau seeks to amend Division 27 to rename it from the Bureau of Electronic and Appliance Repair to the “Bureau of Household Goods and Services” along with new chapters and ar - ticles in Title 16 of the California Code of Regulations (CCR), for the placement of all rules and regulations described in this proposal regarding

definitions for the new

Chapter in Division 27, administrative citations, the contest of citations, citation compliance, assess - ment of fines, substantial relationship criteria, rehabil- itation criteria, and advertising, and all future house - hold mover rules and regulations prescribed by the Bureau. These rules and regulations are necessary to help empower the Bureau to act “with all the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the Public Utilities Commission, its predecessors, and its officers” and to ensure that protection of the public shall be the Bureau’s highest priority.

Additionally, consumer protection is best achieved when members of a regulated industry are compliant with all rules, regulations, and laws. As BPC

section 19228 shows, various authorities govern household movers, potentially creating confusion or difficulty within the industry in reconciling which statutory or regulatory requirements apply. Therefore, proposed revisions to Division 27 will also be used to consol - idate certain authorities, thereby further encouraging clarity, understanding, and compliance by the industry and strengthening consumer protection. Additionally, beginning in 2020, in accordance with the statutory amendments implemented by Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), BPC

section 481 requires boards within the DCA to develop criteria for use when considering the denial, suspension, or revocation of a license, to determine whether a crime is substantially related to the qualifi - cations, functions, or duties of the professions it regu- lates. Further, BPC

section 493 requires the boards to determine whether a crime is substantially related to the qualifications, functions, or duties of the profes - sions it regulates by using criteria, including the na - ture and gravity of the offense, the number of years elapsed since the date of the offense, and the nature and duties of the profession. In addition, BPC

section 482 requires boards to develop criteria to evaluate the rehabilitation of a person when considering the deni - al, suspension, or revocation of a license. Specifically, the amendments of BPC

section 482 through AB 2138 requires boards to consider whether an applicant has completed the criminal sentence at issue without a vi - olation of parole or probation in addition to the board’s applied criteria.

To satisfy these statutory mandates, the Bureau is proposing to include proposed sections and new chap- ters in Division 27 that will specify the “Substantial Relationship Criteria” and the “Rehabilitation Criteria.” To promote fairness in all application re - views, these sections will also establish and clarify that the Bureau will use the same criteria when de - ciding whether to deny, suspend, or revoke a house - hold mover permit based on “professional conduct” or an “act” that resulted in disciplinary action, in accor - dance with, respectively, BPC sections 480 and 141. Finally, BPC

section 137 authorizes the Bureau to promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public. Household mov - ers are not currently required to provide their license numbers to the public on advertisements and present - ments. This omission makes it more difficult for con - sumers to ascertain if an individual is licensed or qual- ified to perform that particular work.

Accordingly, the proposal would resolve the problem of insufficient li - cense information provided to the public by requiring all public presentments and advertisements in connec- tion with the rendition of household mover services to include the household mover’s name and Bureau– issued permit number along with other disclosure re - quirements for brokers and vehicles operated by a household mover, as specified. In this rulemaking proposal, the Bureau proposes to establish minimum standards for its enforcement pro - gram, including the following: ●

Article 1, “General Provisions,” for regulations that have general applicability. CCR

Section 2800 will create

definitions for certain commonly used terms in the proposed new sections, as specified.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1345 ●

Article 2, “Enforcement,” for regulations that will implement the Bureau’s enforcement pro - gram for violations of the Act. CCR

Section 2940 will clarify the Bureau’s authority to de - termine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines. CCR

Section 2940 will also implement the Bureau’s citation program, in accordance with BPC sections 125.9 and 148, including by specifying the required contents of citations. CCR

Section 2941 will establish how a cited party may contest citations and request an informal citation review conference and the in - formal citation review conference process. CCR

Section 2942 will establish the process for how a cited party may comply with citations and orders of abatement. CCR

Section 2943 will implement when and how a fine may be assessed, including the amount thereof if a fine is issued, compliance requirements, consequences for nonpayment, and the factors the Bureau will consider when issuing an administrative fine. ●

Article 3, “Miscellaneous,” for regulations that do not fit in other articles that serve specific purpos- es. CCR

Section 2970 will implement the “Sub - stantial Relationship Criteria” and CCR

Section 2971 will implement the “Rehabilitation Criteria” the Bureau will use when considering whether to deny, suspend, or revoke a license based on a criminal conviction, professional misconduct, or

an act that is grounds for disciplinary action per

section 141, Division 1.5 (commencing with

Section 475), and

section 19239 of the BPC. CCR

Section 2972 will establish certain advertising requirements for household movers, including re- quiring household movers to include their name and Bureau–issued permit number in all adver - tisements and set other disclosure requirements for brokers and vehicles operated by a household mover, as specified. Anticipated Benefits of Proposal The proposed regulatory language will imple - ment the CPUC Oversight Act and help empower the Bureau to exercise its licensing, regulatory, and disci- plinary functions under the Act. The benefits of pro - posed amendments to Division 27 to adopt new chap - ters, articles and regulatory sections include: ● Proposed

Article 1, “General Provisions,” will clarify the meaning of certain terms and provide how they will be construed universally among various authorities that govern the household mover industry. This will create uniformity among those sources and promote greater com - pliance by the industry. A “General Provisions”

article will also support

Chapter 2 of Division 27’s overall organization to promote easy identi - fication of the Bureau’s regulations. Specifically, by housing regulations that are general in nature, other articles that serve a specific purpose can be labeled and arranged accordingly, allowing for information to be easily found. ● Proposed

Article 2, “Enforcement,” will clarify the Bureau’s authority to enforce the Act and im- plement the Bureau’s enforcement program for violations of the Act—significant steps toward helping curtail illegal activity within the house - hold mover industry and advancing the Bureau’s mission to make “the protection of the public … paramount.” The proposed regulations will cre - ate an incentive to comply by: establishing the Bureau’s citation program; specifying what a cit- ed party must do after receiving a citation; and making clear the consequences of a violation.

A household mover will either elect to follow regu- lations or be subject to fines, permit suspension or revocation, or more severe penalties, includ - ing criminal prosecution. The establishment of an informal citation conference review process will add a second layer of review for citations, allowing cited parties to pursue a simpler and more expeditious way to challenge citations and potentially eliminate unnecessary administrative appeals. Finally, many of the procedures pro - posed in

Article 2 mirror and substantially repli - cate procedures the Bureau uses for its other pro- grams, thus promoting uniformity, consistency, and fairness among all programs. ● Proposed

Article 3, “Miscellaneous,” will be used to place regulations that do not fit in oth - er articles that serve specific purposes and, thus, will function similarly to other “Miscellaneous” articles the Bureau uses for its other programs. This will promote uniformity, consistency, and fairness among all the Bureau’s programs and will likewise support the organization of pro - posed

Chapter 2 of Division 27, to allow for the easy identification of regulations. For this regula- tory package, the Bureau is proposing to include sections that will clarify the Bureau’s statutory authority to deny, suspend, or revoke a household mover permit based on a conviction of a crime, professional misconduct, or

an act that resulted in disciplinary action. More importantly, as man- dated by AB 2138, these proposed sections will establish the “Substantial Relationship Criteria” and the “Rehabilitation Criteria” the Bureau must consider when making these decisions. By imple- menting these criteria, the Bureau will advance AB 2138’s goal to reduce barriers to licensing, promote reduction of recidivism, and provide

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1346 economic opportunity to individuals otherwise disadvantaged by past misconduct. Proposed

Article 3 will also include a

section spec - ifying “Advertising” requirements, including that a household mover’s advertisements must include the household mover’s name and Bureau–issued permit number, advertisements by brokers must include a dis- claimer that brokers do not take possession of or par - ticipate in the transportation of consumers’ belongings and vehicles used by household movers who engage in transportation of household goods or personal effects must display certain information as specified.

The Board anticipates that consumers will benefit from the proposal, including by being better informed of who is and who is not a licensed household mover and mak - ing more informed decisions about with whom they choose to do business and thereby enabling consum - ers to be better protected from fraudulent or mislead - ing claims about a household mover’s license status. Finally, in its entirety, proposed changes to Division 27 will provide greater clarity to the household mov - er industry about its rights and responsibilities.

It will also inform the larger community of the same, in - cluding consumers, representatives for the household mover industry, such as business associations, busi - ness leaders, and attorneys, and government actors in- volved in an enforcement or judicial action, including Deputy Attorneys General and Administrative Law Judges. This regulatory proposal will have a positive im - pact on the health and welfare of California citizens to the extent the prospect of being cited for violations promotes compliance by the household mover indus - try, thereby strengthening consumer protection.

This regulatory proposal would also increase access to li - censed businesses, which will allow for greater con - sumer choice and create a more competitive market. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Bureau has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES The Bureau anticipates absorbable workload and costs related to the issuance of citations and fines.

Total workload and costs are estimated to range from approximately $254,000 to $320,000 per year and up to $2.9 million over a ten–year period including: Citation and Fines: The Bureau estimates 1 00 ci - tations and fines will be issued per year and antici - pates workload costs of approximately $2,100 per cita- tion, which results in absorbable workload costs rang- ing from approximately $210,000 to $274,000 per year and up to $2.4 million over a ten–year period. Citation Appeals: The Bureau estimates 5 percent (5) of citations issued per year will be appealed.

The Bureau anticipates workload costs of approximately $1,300 per appeal, plus estimated Attorney General and Office of Administrative Hearing costs of $7,500, which results in absorbable workload costs ranging from approximately $44,000 to $46,000 per year and up to $450,000 over a ten–year period. Revenues: The Bureau estimates up to 100 ci - tations will be issued to household movers per year with an average fine amount of $500, which would re- sult in penalty revenues of $50,000 per year and up to $500,000 over a ten–year period.

Please see the Initial Statement of Reasons for fur - ther detail regarding the above fiscal impact estimates. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

BUSINESS IMPACT ESTIMATES The Bureau has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states. This initial determination is based on the following facts. These proposed regulations establish minimum standards for an enforcement program for household movers.

In the event a licensee violates the Bureau’s laws and regulations in a manner that warrants a ci - tation, the citation and fine issued is not sufficient to eliminate a particular job or household mover’s busi - ness. The fine issued is avoidable, should the licensee comply with the laws and regulations of the Bureau. The Bureau estimates up to 100 citations will be is - sued to household movers per year with an average fine amount of $500, which would result in penalty payments of $50,000 per year and up to $500,000 over a ten–year period. Please see the Initial Statement of Reasons for further detail.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1347 Additionally, AB 2138 is intended to reduce barriers to licensure for applicants with criminal histories or prior discipline; however, the Bureau has been com - plying with the provisions under current law since AB 2138 became operative on July 1, 2020. As a result, the Bureau does not anticipate any businesses to be sig - nificantly impacted by the regulations. Cost Impact on Representative Private Person or Business The proposed regulations establish minimum stan - dards for an enforcement program for household mov- ers.

In the event a licensee violates the laws and regu- lations of the Bureau that warrants a citation, the cita - tion and fine issued is not sufficient to eliminate a par- ticular job or household mover’s business. The fine is- sued is avoidable, should the licensee comply with the laws and regulations of the Bureau. It is paramount household movers follow the appro- priate procedures and business processes in accor - dance with the law and the Bureau’s regulations. The purpose of the proposed regulations is to ensure house- hold movers are compliant and promote best business practices for California consumers.

The Bureau esti - mates up to 100 citations will be issued to household movers per year with an average fine amount of $500, which would result in an economic impact of approx - imately $50,000 per year and up to $500,000 over a ten–year period. Please see the Initial Statement of Reasons for further detail.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Bureau has determined that this regulato - ry proposal will not have a significant impact on the following: 1) the creation or elimination of jobs within the state, 2) the creation of new businesses or the elimination of existing businesses within the state, or, 3) the expansion of businesses currently doing busi- ness within the state. As specified above in the “Business Impact Estimates” section, individuals in compliance with the Bureau’s laws and associated regulations will not be affected by the proposed regulations.

Additionally, while AB 2138 is intended to reduce barriers to licen- sure, the Bureau has been complying with the provi - sions under current law since July 1, 2020. As a re - sult, the Bureau does not anticipate any additional jobs or businesses to be significantly impacted by these regulations. Benefits of Regulation: This regulatory proposal will have a positive im - pact on the health and welfare of California citizens to the extent the prospect of being cited for violations promotes compliance by the household mover indus - try, thereby strengthening consumer protection.

This regulatory proposal would also increase access to li - censed businesses, which will allow for greater con - sumer choice and create a more competitive market. This regulatory proposal does not affect worker safety because it does not propose regulations that im- pact worker safety. This regulatory proposal has no effect on the envi - ronment because it does not involve the environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Bureau.

Effect on Small Business The Bureau has determined that the proposed regu - lations will not have a significant effect on small busi- nesses. Although small businesses owned by licensees of the Bureau may be impacted, the Bureau does not maintain data relating to the number or percentage of licensees who own a small business. However, in the event a licensee violates the laws and regulations of the Bureau that warrants a citation, the citation and fine issued is not sufficient to eliminate a particular job or household mover’s business.

The fine issued is also avoidable, should the licensee comply with the laws and regulations of the Bureau. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Bureau must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is pro - posed; would be as effective and less burdensome to affected private persons than the proposal described in this Notice; or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

Any interested person may submit comments to the Bureau in writing relevant to the above determinations at 4244 South Market Court, Suite D, Sacramento, CA 95834–1243 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1348 information on which this proposal is based. This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Bureau, at 4244 South Market Court, Suite D, Sacramento, CA 95834–1243.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the persons designated in this Notice as the Contact Persons and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the persons named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Persons named below or by accessing the website listed below. CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Eileen J. H.

Yap Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834–1243 Telephone: (279) 224–0694 Email: Eileen.yap@dca.ca.gov The backup contact person is: Justin Paddock Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834–1243 Telephone: (279) 895–1431 Email Address: Justin.paddock@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text, if any, can be accessed through the Bureau’s website at https://bhgs.dca.ca.gov/forms_pubs/index. shtml.

TITLE 17. DEPARTMENT OF PUBLIC HEALTH Notice Register Editor’s Note: The Department of Public Health (the Department) is proposing to add sections 8056 through 8067 (consecutive) into Title 17 of the California Code of Regulations concerning Eviscerated Crab. The following Justification and reg- ulation text provide the Department’s notice pursuant to Health and Safety Code

section 111224.6(b) (3). The Department indicates that Ali Hossain 747–228–9905 is the contact for further information, including infor - mation on how to comment. DIVISION 1. STATE DEPARTMENT OF HEALTH SERVICES

CHAPTER 5. SANITATION (ENVIRONMENTAL) SUBCHAPTER 1. ENGINEERING (SANITARY) GROUP 13. EVISCERATED CRAB JUSTIFICATION Detailed Discussion of Each Regulation Adopt

Section 8056 to explain that the eviscer - ated crab program regulations apply to a processor who receives, holds, or eviscerates Dungeness crab or rock crab caught in areas subject to a Department Evisceration Order for commercial purposes in California. Approved processors, as defined in pro - posed

section 8058, play a critical role in controlling the hazards so that the crab can be made safe for hu - man consumption.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1349 Adopt

Section 8057 to make clear the different types of registrations and fees that are required for the eviscerated crab program. This

section adds clarity by functioning as a roadmap to succinctly put in one place the various requirements a proposed crab pro - cessor must meet. Subsection (

a) makes clear that registration require- ments for processors include several actions, includ - ing obtaining, maintaining, and renewing a processed food registration and paying fees for the registration. Subsection (

b) clarifies the requirement for pro - cessors to possess a valid crab evisceration registra - tion. Processors must provide the Department with the most current contact information as this person serves as the point of contact for the Department concern - ing matters such as certificates, compliance with reg - ulations, operational questions, recall effectiveness checks, inspection scheduling, notifications related to the growing area, and annual renewal notifications. Subsection (

c) relates to enforcement and account - ability of the processors approved by the Department regarding Hazard Analysis Critical Control Point plans. This enables the Department to contact all new applicants, ownership changes, and relocations to es - tablish if the applicant meets Hazard Analysis Critical Control Point plan requirements. Adopt

Section 8058 to provide operational defi - nitions of terms used in the body of sections 8056 through 8067, thereby providing uniform interpreta - tion of the terms associated with crab evisceration. Some terms used by the California Department of Fish and Wildlife are being adopted by the Department to ensure understanding of common terminology shared across jurisdictional lines within this jointly adminis - tered program. Adopt the term “action level” to clarify the maxi - mum concentration of domoic acid that is allowed in crab viscera or crab meat.

The whole crab is adulter - ated and cannot be consumed when the concentration of domoic acid exceeds the action levels in the viscera and the meat. If the concentration of domoic acid ex - ceeds the action level for crab viscera, but is below the action level for crab meat, the Department will con - sult with the Office of Environmental Health Hazard Assessment about issuing an Evisceration Order. The action levels for crab viscera and crab meat are ex - pressed in parts per million (ppm) units according to Appendix 5 of Fish and Fishery Products Hazards and Controls Guidance.

Adopt the term “approved processor” to clarify that the processor met the minimum requirements set by the Department and received a registration from the Department to process crab subject to an Evisceration Order. It is also necessary to clarify that the registra - tion pertains only to Dungeness crab or rock crab be - cause the statutory definition of “processor” broadly applies to fish and fishery products.

Adopt the term “biotoxin management areas” as lo- cations identified by the California Department of Fish and Wildlife, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment, and the Department. Information provid- ed from the monitoring of these geographic areas en - sures that regulatory efforts are targeted to areas most susceptible to biotoxin outbreaks, optimizing resource allocation and management strategies. Adopt the term “commercial fisher” to clarify that the term has the same meaning as “commercial fisher- man” in

section 8040 of the California Fish and Game Code where “commercial fisherman” means a person who has a valid, unrevoked commercial fishing license issued pursuant to

section 7850 of the California Fish and Game Code. This ensures uniform understanding of terms. Adopt the term “crab” to clarify that only Dungeness crab and rock crab within California’s jurisdiction are included in the context of these regulations. California has jurisdiction over crab harvested from waters of California and the Pacific Ocean off this state for commercial purposes. However, other species of crab, and Dungeness or rock crab harvested outside of California’s jurisdictional boundaries, are not includ - ed in the context of these regulations.

Adopt the term “crab sample set” to mean all whole crab collected during a sample gathering event from a sample site. The Department proposes a sample set of six crab to be consistent across the states of Washington, Oregon, and California to facilitate uni - form regulation and conform to federal standards.

Adopt the term “Department Evisceration Order” to mean an authorization from the California Department of Public Health allowing evisceration of Rock crab or Dungeness crab from specific biotoxin management areas after the Department has determined that the do- moic acid in the viscera sample exceeds the action lev- el but the corresponding meat sample is below action level. The meat can be salvaged and rendered safe for human consumption. Adopt the term “harvest location” that is consistent with Oregon’s definition in Oregon Administrative Rules

section 603–025–0410, requirements for Dungeness Crab. Harvest locations within biotoxin monitoring areas are gridded and numbered into in - dividual blocks to identify the original source of crab. Commercial fishers record the block number from which they harvest crab in order to initiate the docu - mentation required to maintain traceability. Adopt the term “landing” that is consistent with Oregon’s definition in Oregon Administrative Rules

section 603–025–0410, requirements for Dungeness Crab. The landing of crab harvested from a location

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1350 under Evisceration Order denotes the movement from a commercial fisher’s vessel into the possession of an approved processor. The entire amount of crab in one landing is assigned a unique lot number for traceabil - ity purposes. Adopt the term “lot coding system” to specify that the purpose and technical use of the crab eviscera - tion system is identifying crab source, processing, and distribution information. Lot coding ensures product traceability in case a health issue arises and provides clarity to the regulated community.

Adopt the term “sample site” as the designated sites within each biotoxin management area to facilitate traceback, recall activities, and to maintain consisten - cy with other state agencies and the industry. Adopt

Section 8059 to clarify requirements for crab testing. Subsection (

a) specifies that one sample set must be provided from each of the designated sample sites to make the set valid for regulatory decisions. The Department proposes a sample set of six crab because six is consistent with the requirements for domoic acid crab sampling established in Oregon’s Administrative Rules and the Washington Department of Health’s protocol. This will align sampling operations across the three states, as required to facilitate uniform regu - lation and promote fair competition. Subsection (

b) clarifies that laboratories may test for domoic acid if they are approved by the Department. Currently, Food and Drug Laboratory Branch is the only certified lab to test for domoic acid in California. This

section aims to increase the number of qualified laboratories to ensure reliable testing. Subsection (

c) specifies current action levels for do- moic acid, established by the United States Food and Drug Administration, are specified to ensure clarity and public safety. These levels are based on compre - hensive data to prevent the consumption of toxic food. Subsection (c) (1) specifies that United States Food and Drug Administration determined that 30 ppm of domoic acid in Dungeness crab viscera represents a tolerable intake, prompting potential regulatory ac - tion. Specifying numeric values ensures clarity and consistency with federal standards.

Subsection (c) (2) specifies that United States Food and Drug Administration determined that less than 20 ppm of domoic acid in Dungeness crab meat is tolerable, setting a threshold for regulatory action. Numeric values promote clarity and align with feder - al regulations. Subsection (

d) specifies that crab must be tested in - dividually for domoic acid as levels vary, ensuring ac- curate regulatory decisions. Composite samples could mask high concentrations in individual crabs. Subsection (e) (1) specifies that all six crab from a sample set representing a sample site must pass vis - cera action level for the site to pass, a procedure sup - ported by the California Department of Fish and Wildlife and the Office of Environmental Health Hazard Assessment. This procedure has been in use and accepted by the fleet for the past several years. Subsection (e) (2) (

A) is proposed because when domoic acid levels in crab meat reach or exceed 20 ppm, the whole crab is deemed adulterated, lead - ing to area closures to protect consumers. For con - sistency and to ensure protection of consumers, this is the Department’s position in agreement with the California Department of Fish and Wildlife and the Office of Environmental Health Hazard Assessment. Subsection (e) (2) (

B) is proposed because if the vis- cera fails but meat passes, the meat may be salvaged by means of evisceration. Per statute, the Office of Environmental Health Hazard Assessment, in consul - tation with the Department, determines if the situation will likely pose a human health risk. The Department may issue an evisceration order. Subsection (

f) specifies restrictions when crab har - vested from a biotoxin management area is subject to closure. This

section defines the effective time and date for closures. Subsection (

g) specifies when crab harvested from a biotoxin management area subject to evisceration. If a crab sample fails the domoic acid test, all crabs har - vested from that area since the collection date must be eviscerated. Subsection (

h) specifies that two consecutive sam - ple sets, taken at least seven days apart, are required to retest from failed sample sites. It takes approximately seven days for domoic acid to dissipate from the vis - cera and meat. The Evisceration Order may be lifted if both sets are below the action limit, aligning with pro- cedures in Oregon and Washington. The Department, the California Department of Fish and Wildlife and the Office of Environmental Health Hazard Assessment support this procedure. Adopt

Section 8060 to delineate the required ac - tions for approved processors under a Department Evisceration Order. By regulating situations where crab is caught under an evisceration order, and actions an approved processor must take, the Department is preventing public consumption of toxins. Subsection (

a) adopts language that states, per SB 80, all crab caught under a Department Evisceration Order must be sold or transferred to an approved processor. Subsection (

b) to (

c) adopts language to specify that processors approved by the Department must re - ceive crab from licensed commercial fishers, ensuring traceability and compliance. Receiving crab from un - licensed sources is prohibited to ensure adherence to safety standards.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 41–Z 1351 Adopt

Section 8061 t o o u t l i n e t h e s p e c i fi c a p p l i- cation required to become registered as an approved processor. This amendment is necessary to update the regulations and to provide clarity to the regulated population. Adoption of subsections (

a) to (

b) is necessary to create administrative procedures that will regulate the purchases, receipt, evisceration and/or distribu - tion of Dungeness or rock crab. This will subject per - sons requesting registration to a comprehensive, on - site inspection. Subsection (

a) requires an application for each lo - cation, which is consistent with

section 110465 of the Health and Safety Code. Subsection (

b) specifies that the applications must include specific business and operational details for recordkeeping and compliance purposes. Contact in - formation for the business operator is essential for reg- ulatory communication. Subsections (b) (1) to (b) (8) specify that applicants must submit a Hazard Analysis Critical Control Point plan and lot coding system, and have a recall proce - dure. This ensures safety and compliance with federal and state requirements. Subsection (

c) clarifies that the Department may close or deny an application if a processor failed to fulfill requirements. This allows the Department to fo- cus on reviewing open applications. Adopt

Section 8062 Subsection (

a) specified that the evisceration regis - tration is valid for one calendar year. This aligns crab evisceration registration procedures with Processed Food Registration procedures to make them consistent and manageable, as both types of registrations are re - quired for approved eviscerators. Subsection (

b) specifies that a renewal of crab evis- ceration registration is required. This is consistent with Processed Food Registration procedures. Subsection (

c) clarifies that the Department may suspend or revoke registrations for non–compliance with applicable laws and regulations, which would in- clude the Hazard Analysis Critical Control Point plan, determined during inspections. This is consistent with Processed Food Registration procedures. For subsection (

d) the crab evisceration registration is not transferable to any person. T

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 41
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	85fdd0a2716972113780e215c077ea5392ec2468

Source file is stored in the law ingest library (pdf).