California Regulatory Notice Register — Register 2019, No. 42-Z (October 18, 2019)

Cal. Reg. Notice Reg. 2019, No. 42

California Z Register

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 42−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW OCTOBER 18, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2019−1008−02 ...................................... 1383 Amendment State Agency: Franchise Tax Board Department of Insurance Multi−County: Loma Prieta Joint Union Elementary School District Adoption Multi−County: Options for Youth San Juan Options for Youth Victor Valley TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Disclose Act — Notice File Number Z2019−1008−03 ................................................. 1384 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Industrial Hemp Cultivation Sampling — Notice File Number Z2019−1008−05 ............................ 1385 TITLE 4. CALIFORNIA HORSE RACING BOARD Use of Bisphosphonates Prohibited — Notice File Number Z2019−1007−03 .............................. 1388 TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION Intensive English Language Programs — Notice File Number Z2019−1008−06 ............................ 1391 TITLE 8.

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Pressure Vessel Fees — Notice File Number Z2019−1004−03 .......................................... 1395 (Continued on next page) Time- Dated Material

TITLE 9. DEPARTMENT OF STATE HOSPITALS Conflict−of−Interest Code — Notice File Number Z2019−1008−09 ...................................... 1405 TITLE 13/17. AIR RESOURCES BOARD Control Measure for Ocean−Going Vessels at Berth — Notice File Number Z2019−1001−07 ................. 1405 TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Licensing Fee Amendments, 2020 — Notice File Number Z2019−1008−01 ................................ 1418 TITLE 16. OSTEOPATHIC MEDICAL BOARD OF CALIFORNIA Notice to Consumers — Notice File Number Z2019−1008−04 .......................................... 1423 TITLE 22.

OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Long−Term Care (LTC) Facility Financial Reporting — Related Parties — Notice File Number Z2019−1007−01 .............................................. 1426 TITLE 27.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65 Proposed No Significant Risk Level (NSRL) for P−Chloro−a,a,a−trifluorotoluene (PCBTF) — Notice File Number Z2019−1008−15 ........................ 1430 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−048−001−R1, Scott River Watershed Coho Salmon Habitat Enhancement Project, Siskiyou County ................................. 1433 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−049−001−R1, Flynn Creek Large Wood Augmentation Project — Phase II, Mendocino County ..................................... 1436 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Public Comment Period and Workshops on Draft Inhalation Cancer Unit Risk Factor for P−Chloro−a,a,a−Trifluorotoluene ................................ 1438

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1438 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 REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z 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 authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment 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 STATE AGENCY: Franchise Tax Board Department of Insurance MULTI−COUNTY: Loma Prieta Joint Union Elementary School District ADOPTION MULTI−COUNTY: Options for Youth San Juan Options for Youth Victor Valley A written comment period has been established com- mencing on October 18, 2019 and closing on December 2, 2019.

Written comments should be directed to the Fair Political Practices Commission, Attention Aman- da Apostol, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for her review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon her or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than December 2, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

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

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. 1383

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 2.

FAIR 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, 2019 at the of- fices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commenc- ing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on November 19, 2019.

BACKGROUND/OVERVIEW The Disclose Act (Assembly Bill 249 of 2017, c. 546), repealed and recast numerous advertisement and mass mailing provisions within the Act. Through the advice process, Commission staff has identified Dis- close Act

interpretation issues that may be addressed on the regulatory level. See discussion and proposed ac- tions below. 1 The Political Reform Act is contained in Government Code Sec- tions 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 Sections 18110 through 18997 of Title 2 of the California Code of Regula- tions. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

REGULATORY ACTION The Commission may consider regulatory proposals to assist in the implementation of, and compliance with, the Disclose Act. At a minimum, Commission staff an- ticipates proposing the following regulations for amendment or adoption to address the identified issues. Amend 2 Cal. Code Regs.

Section 18435: Definition of Mass Mailing.

Section 84305(

e) defines a mass mailing “sender” as the candidate, candidate controlled committee estab- lished for an elective office for the controlling candi- date, or political party committee who pays for the largest portion of expenditures attributable to the mass mailing which are reportable under the Act. Next, some confusion has occurred as to the disclo- sure requirements for a mass mailing that is also an ad- vertisement under the language in

Section 84305(a)(2) and (c)(2) applicable to a committee, other than a candi- date controlled committee established for an elective office for the controlling candidate or a political party committee. Lastly, we have received requests from persons quali- fying as a

Section 82013(c) “major donor committee” as to whether invitations or announcements of a person- al and not political nature require the

Section 84305 mass mailing disclosures. To address these issues, Commission staff anticipates amendments to Regulation 18435, including, but not limited to: Non−substantive change to correct the “Section 84217” citation to “Section 84216.5” in (

b) and designate the existing language as (b)(i). Add (b)(ii) to clarify the definition of “sender” under

Section 84305(

e) to include a candidate or committee who coordinates the expenditure with a person who pays for the communication and does not qualify as a candidate or a committee. Add subdivision (

d) to clearly state that mass mailing disclosure requirements under

Section 84305 do not apply to mailings that are advertisements under

Section 84501 and are sent by a committee, other than a candidate controlled committee established for an elective office for the controlling candidate or a political party committee. Add paragraph (e), to clarify that a mass mailing does not include mailings sent by a

Section 82013(c) “major donor committee” where the mailing is of a personal and not political nature. Amend 2 Cal. Code Regs.

Section 18450.1:

Definitions. Advertisement Disclosure. Staff proposes a non−substantive update in the cita- tion reference, “Section 84501(a)(2)(E),” to “Section 1384

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z 84501(a)(2)(G)” to reflect the amendments to

Section 84501(

a) by Assembly Bill 2155 of 2018, c. 777. Adopt 2 Cal. Code Regs.

Section 18450.2: Advertisement Authorized and Paid for by a Committee. Staff proposes language to clarify several separate circumstances whereby a communication is “autho- rized and paid for by” a committee for purposes of Sec- tion 84501. These include where: more than one committee pays for the communication; the committee coordinates the expenditure for the communication with a person who pays for the communication and does not qualify as a committee. where a committee disseminates an electronic media communication with nominal costs (except in the instance where the social media advertisement does not require disclosures under

Section 84504.3). the committee or its agent makes a payment, promises to make a payment, or incurs an obligation for costs associated with the communication. Adopt 2 Cal. Code Regs.

Section 18450.3: Top Contributor Disclosure for Affiliated Entities. Staff proposes language to establish that if a top con- tributor is a committee pursuant to

Section 82013 and it qualifies as a top contributor as a result of aggregated contributions from other entities pursuant to Regulation 18215.1, the committee disclosing the top contributor must identify the contributor using the “name of filer” required by Regulation 18428 listed on the contribu- tor’s most recent campaign statement. Adopt 2 Cal. Code Regs.

Section 18450.4: Video and Television Advertisement Disclosure. Staff proposes language to establish that a disclosure must display for the length of the advertisement where the video or television advertisement is shorter than the required disclosure time applicable to the advertise- ment as set forth in Sections 84504.1, 84504.4, and 84504.5. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government.

This regulation will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on any federal funding of any state entity or program. AUTHORITY

Section 83112 provides that the Fair Political Prac- tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, inter- pret, and make specific Government Code Sections 82041.5 84305, 84501, 84502, 84503, 84504.1, 84504.4, 84504.5. CONTACT Any inquiries should be made to L. Karen Harrison, Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC, or by email at kharrison@fppc.ca.gov.

Proposed regulatory language can be accessed at http://www .fppc.ca.gov/the−law/ fppc−regulations/proposed−regulations−and− notices.html. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart- ment) adopted Sections 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 in the regulations in Title 3 of the California Code of Regulations pertain- ing to establishment of sampling procedures for labora- tory testing of Industrial Hemp as an emergency action, which was effective on June 10, 2019.

The Department proposes to continue the regulation, as amended, to complete the amendment process by submission of a Certificate of Compliance no later than December 9, 2019. This notice is being provided to in compliance with Government Code

Section 11346.4. 1385

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX, or email.

The written comments must be received by the board at its office by December 2, 2019. The Department will consider only comments received at the Department office by that time or postmarked no later than December 2, 2019.

Submit comments to: Dean Kelch Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Unless there are substantial changes to the proposed regulation prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public.

INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW Existing law requires the Secretary to establish time- frames, procedures, methods, and confirmation for in- dustrial hemp sampling laboratory testing, harvest, and destruction as required (Section 81006, Food and Agri- cultural Code (FAC)). The proposed adoption of Sections 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 will establish timeframes, procedures, methods, and confir- mation for industrial hemp sampling laboratory testing, harvest, and destruction as required in FAC,

Section 81006. The Department has considered other possible relat- ed regulations in this area, and that these are the only regulations dealing in this subject area, and the Depart- ment is the only State agency that can implement this proposed regulation. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conduct- ed an evaluation of this proposed regulation and has de- termined that it is not inconsistent or incompatible with existing state regulations. ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION Establishment of timeframes, procedures, methods, and confirmation for industrial hemp sampling labora- tory testing, harvest, and destruction will allow com- mercial cultivation of industrial hemp to be harvested in California and allow the growth of the industrial hemp industry in California.

According to V ote Hemp, the United States has seen significant growth in acreage of industrial hemp cultivation: 9,770 acres of industrial hemp were grown in 2016; 25,713 acres were grown in 2017 and 78,176 acres were grown in 2018. Currently, most hemp products processed and manu- factured in the United States heavily rely on imported material, according to the Congressional Research Ser- vice. Without this regulation, California citizens are un- able to participate in this emerging industry.

ADOPTED TEXT This amended regulation action establishes time- frames, procedures, methods, and confirmation for in- dustrial hemp sampling, laboratory testing, harvest, and destruction. For the purpose of promoting and protect- ing the agricultural industry in California, existing law provides that before the harvest of each crop, except when industrial hemp is grown by an established agri- cultural research institution, a registrant that grows in- dustrial hemp shall obtain a laboratory test report indi- cating the THC levels of a random sampling of the in- dustrial hemp grown.

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: The hourly rate of the state at an average of $84.36. These costs will more than likely be offset by the revenue collected by the reg- istrant over one year. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. 1386

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z Cost impacts on a representative private person or business: The proposed regulation will require the pay- ment of testing for THC by industrial hemp growers, as required in statute. The cost to test as a grower, approxi- mately $63 a sample, is reasonable and should be ex- ceeded by revenue collected by the grower or seed breeder over the registration period of one year. The agency is not aware of any additional cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action.

Small Business Determination: The proposed regula- tion may affect small business. Other nondiscretionary cost or savings imposed on local agencies: None. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has made an assessment that the pro- posed regulation would not likely eliminate jobs or ex- isting businesses within California.

The Department has made an assessment that the proposed regulation will allow the growth of the industrial hemp industry in California, with an increase in the number of businesses dedicated to producing hemp and the concomitant in- crease in jobs. The proposed regulation will establish sampling pro- cedures, testing laboratories, and testing methods for registered growers and seed breeders. Without sam- pling procedures, registered growers and seed breeders will not be able to obtain test results.

This would limit the amount of domestic hemp available to producers and manufactures and result in higher prices to Califor- nia consumers due to California not contributing to the domestic hemp supply. The proposed regulation will al- so allow the growth of the industrial hemp industry in California. This will create jobs and lead to the expan- sion of California businesses.

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative considered to the proposed regulation or that has otherwise been identified and brought to its atten- tion would either 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 per- sons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this notice.

The Department considered taking no action. If no action is taken then sampling procedures, testing labo- ratories, and testing methods for registered growers and seed breeders of industrial hemp would not be avail- able; this would encourage illegal cultivation of this in demand crop. The Department and counties will not have the resources for regulatory enforcement activities to address illegal cultivation. AUTHORITY The Department proposes to adopt

Section 4935, 4940, 4941, 4942, 4943, 4944, 4945, 4946, 4950, and 4950.1 pursuant to the authority vested by Sections 407, and 81006 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific

Section 81006 of the Food and Agricultural Code. CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed is: Dean Kelch Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In his absence, you may contact Rachel Avila at (916) 403−6813.

Questions regarding the substance of the proposed regulation should be directed to Rachel Avila. INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site (www.cdfa.ca.gov/cdfa/pendingregs). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed action, has available all the information upon which its 1387

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z proposal is based, and has available the express terms of the proposed action. A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Re- quests should be directed to the contact named herein.

If the regulations amended by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of amendment. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 4. CALIFORNIA HORSE RACING BOARD The California Horse Racing Board (Board/CHRB) proposes to add the regulation described below after considering all comments, objections or recommenda- tions regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to add Rule 1867.1, Use of Bis- phosphonates Prohibited. The proposed regulation will prohibit the administration of bisphosphonates to any horse within a CHRB inclosure and prohibit any li- censee from bringing into the inclosure a horse that has been administered a bisphosphonate within the previ- ous six months. The proposed regulation will allow the administration of methylene diphosphonate in combi- nation with radionuclide technetium 99m for nuclear imaging purposes.

PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, December 12, 2019, or as soon after that as business before the Board will permit, at the Los Alamitos Race Course, 4961 Katella Avenue, Cy- press, California. At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes on December 2, 2019. The Board must receive all comments at that time; however, writ- ten comments may still be submitted at the public hear- ing.

Submit comments to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley Way, suite 300 Sacramento, CA 95825 Telephone (916) 263−6026 Fax: (916) 263−6022 E−mail: haroldc@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440, 19562, 19580 and 19581, Business and Professions Code. Reference: Sections 19440, 19580 and 19581, Business and Pro- fessions Code.

Business and Professions Code sections 19440, 19562, 19580 and 19581 authorize the Board to adopt the proposed regulation, which would implement, in- terpret or make specific sections 19440, 19580 and 19581, Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Business and Professions Code

section 19440 pro- vides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the Board shall include adopting rules and regulations for the pro- tection of the public and the control of horse racing and pari−mutuel wagering. Business and Professions Code

section 19562 provides that the Board may prescribe rules, regulations and conditions, consistent with the provisions of this chapter, under which all horse races with wagering on their results shall be conducted in this state. Business and Professions Code

section 19580 provides that the Board shall adopt regulations to estab- lish policies, guidelines, and penalties relating to equine medication to preserve and enhance the integrity of horse racing in the state. Business and Professions Code

section 19581 states no substance of any kind shall be administered by any means to a horse after it has been entered to race in a horse race, unless the Board has, by regulation, specifically authorized the use of the sub- stance and the quantity and composition thereof. 1388

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z Bisphosphonates are a class of bone modifying drugs that have been used to treat specific bone disorders in people. In horses, bisphosphonates are used to treat similar problems, like navicular disease 1. Bisphospho- nates, however, inhibit the normal bone repair process so their use has been restricted to horses that are four years or older. In younger horses, bisphosphonate use could lead to disturbed growth and joint development as well as the accumulation of microdamage in the bone tissue.

Since 2015 the British Horse Racing Authority has restricted the use of bisphosphonates in horses younger than three−and−a−half years old. The New York State Gaming commission has included bisphos- phonates in its list of blood doping agents and has pro- vided that the administration of bisphosphonates to a horse under four years of age is an unacceptable prac- tice due to the high risk of serious injury or death from its effects on bone growth and strength.

The proposed addition of Rule 1867.1 would prohibit the use of bis- phosphonates in race horses within a CHRB inclosure and prohibit a horse that has been administered a bis- phosphonate within the previous six months from being shipped onto a CHRB inclosure. The proposed regula- tion will allow the administration of methylene diphos- phonate in combination with radionuclide technetium 99m for nuclear imaging purposes. POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL Subsection 1867.1(

a) provides that bisphosphonates may not be administered to any horse within a CHRB inclosure. The Board has specifically prohibited the use of bisphosphonates within the inclosure based on its concerns regarding the potential for use of the drug sub- stances to harm the health and safety of horse and rider. In addition to bisphosphonates’ effect on bone growth, the drug substances may mitigate pain. The potential for pain relief with the use of bisphosphonates on young horses could result in race horses with mild injuries con- tinuing to train and race with the increased probability for mild injuries to become catastrophic. Subsection 1867.1(

b) provides that no licensee shall bring into a CHRB inclosure a horse that has been ad- ministered a bisphosphonate within the previous six months. This provision is necessary to protect the health and welfare of the horse and rider. Bisphosphonates are a class of bone−modifying drugs that have been used as a supplemental treatment for specific bone disorders in 1 Navicular disease in the horse is a group of related conditions affecting the navicular bone and associated structures in the foot.

It most commonly describes an inflammation or degeneration of the navicular bone and its surrounding tissues, usually on the front feet. It can lead to significant lameness. human medicine. The drugs work specifically at the cel- lular level and act to block a certain type of bone cell called an osteoclast2. Osteoclasts are important in the remodeling of bone because they act to clean up any dis- eased, weakened or damaged bone before any new bone can be laid down by the osteoblasts3. Bisphosphonates act on damaged bone by shutting down the osteoclast process.

The body can lay down bone, just not in a “nor- mal” way. Bisphosphonates inhibit part of the normal remodeling osteogenesis process. It is believed that bis- phosphonate use in immature animals could lead to dis- turbed growth and joint development and the accumula- tion of microdamage in the bone tissues. Most horses start racing at two years of age and are not fully mature, so the use of bisphosphonates presents the potential for adverse effects in race horses that are still growing. In the extreme, accumulated microdamage could combine and promote bone fracture.

Fracture healing may be de- layed in horses that sustain a fracture. Disallowing the use of bisphosphonates within the inclosure will have the benefit of allowing any microdamage to heal natu- rally without the potential effect of the drug on joint de- velopment. The clinical duration of bisphosphonates to inhibit normal bone repair is unknown, especially in horses. It is estimated to be six to eight months; howev- er, six months is the best−informed estimate of inhibi- tion of bone repair.

Preventing horses that have been treated with bisphosphonates within the previous six months from entering the inclosure will have the benefit of ensuring the animals are not put through the rigors of training and racing before they are fully healed. Addi- tionally, there is evidence that bisphosphonates relieve pain. A horse that does not feel pain will run as if it would without its underlying problems, which may ex- acerbate any pre−existing conditions, and make the horse prone to further injury when worked to the same extent as a healthy horse.

The veterinarian’s ability to properly evaluate a horse on race day may also be com- promised. The provisions of subsection 1867.1(

b) will have the benefit of ensuring the potential pain−relieving effects of bisphosphonates are not masking a horse’s true condition. This will help reduce the possibility of further injury to the horse and rider. Subsection 1867.1(

c) allows for the administration of methylene diphosphonate when used in combination with radionuclide technetium 99m for nuclear imaging purposes. Methylene diphosphonate is a chemical com- pound (methylene bound to two phosphonate groups) used together with the radionuclide technetium 99 (Tc 2 Osteoclast: large cells that dissolve the bone. Osteoclasts come from the bone marrow and are related to white blood cells. They are formed from two or more cells that fuse together. Osteoclasts absorb bone tissue during growth and healing. 3 Osteoblast: cells that form new bone. 1389

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z 99m) to locate areas of bone abnormalities. The sub- stance is administered intravenously, and skeletal up- take occurs. The substance has a short half−life of ap- proximately six hours and does not remain in the body long. Nuclear imaging produces images by detecting radiation from different parts of the body after a ra- dioactive tracer material is administered. Subsection 1867.1(

c) will allow the horse the benefit of a common- ly used medical diagnostic procedure. The Board has determined it is necessary to allow the administration of methylene diphosphonate for the health and safety of the horse. CONSISTENCY EV ALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de- veloping the proposed amendment, the Board has con- ducted an evaluation for any related regulations and has determined that Rule 1867.1 is the only regulation deal- ing with the use of bisphosphonates in race horses.

Therefore, the proposed regulation is neither inconsis- tent nor incompatible with existing state regulations. DISCLOSURE REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: none. Other non−discretionary costs or savings imposed upon local agencies: none. Cost or savings in federal funding to the State: none.

The Board has made an initial determination that the proposed addition of Rule 1867.1 will not have a signif- icant statewide adverse economic impact directly af- fecting business including the ability of California busi- nesses to compete with businesses in other states. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant effect on housing costs: none. RESULT OF ECONOMIC IMPACT ANALYSIS The results of the Board’s Economic Impact Assessment as required by Government Code

section 11346.3(

b) are as follows: The adoption of the proposed addition of Rule 1867.1 will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; (3) affect the expansion of businesses currently doing business within California; (4) increase or decrease investment in California; or (5) benefit the state’s environment. The proposed addition of Rule 1867.1 impacts individuals who violate the Board’s medication regulations.

In making the determination that the proposed addition of Rule 1867.1 will not have an adverse economic impact, the Board looked at the number of licensed trainers who might be affected and compared it to the total number of persons who hold CHRB occupational licenses. The individuals impacted are licensed horse trainers. The CHRB has 18,874 licensees; of that number, 626 persons hold CHRB trainer licenses. Penalties for medication violations act as deterrents. This is demonstrated by the number of trainers who have had 1843 violations in fiscal 2018/2019.

A total of 59 out of the 626 licensed trainers have received a fine for an 1843 violation 4. The proposed addition of Rule 1867.1 promotes the health and safety of race horses, which is jeopardized if they workout or race when they are not sound due to the administration of unauthorized medications or drug substances. Keeping race horses healthy protects the economic interest of owners and ensures that there is adequate horse inventory. Ensuring that horses entered to race are sound also promotes jockey/driver safety.

Accordingly, the proposed regulation benefits the health and welfare of California residents and improves worker safety. Sound, healthy horses result in a favorable public response to horse racing, which could result in an increase in wagering activity, and a positive economic impact for the industry. Effect on small businesses: none. The proposal to add Rule 1867.1 does not affect small businesses because horse racing is not a small business under Government Code

section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome on affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and 4 Rule 1843, Medication, Drugs and Other Substances, provides that no drug substance shall be administered to a horse which is entered to compete in a race to be run in this State except for ap- proved and authorized drug substances as provided by these rules. 1390

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z equally as effective in implementing the statutory poli- cy or other provision of law. The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley Way, suite 300 Sacramento, CA 95825 Telephone (916) 263−6026 Fax: (916) 263−6022 E−mail: haroldc@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond, Manager Policy and Regulations Telephone: (916) 263−6033 A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial statement of rea- sons. Copies of these documents, or any of the informa- tion upon which the proposed rulemaking is based, may be obtained by contacting Harold Coburn, or the alter- native contact persons at the address, phone number or e−mail address listed above.

A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Harold Coburn at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. A V AILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Harold Coburn at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of the notice, the proposed text of the regulation and the initial state- ment of reasons. The Board’s web site address is: www.chrb.ca.gov. TITLE 5. BUREAU FOR PRIV ATE POSTSECONDARY EDUCATION NOTICE IS HEREBY GIVEN that the Bureau for Private Postsecondary Education (hereinafter “Bu- reau”), Department of Consumer Affairs, is proposing to take the action described in the Informative Digest. Any person interested may present statements or argu- ments orally or in writing relevant to the action pro- posed at a hearing to be held at the Department of Con- sumer Affairs, 1625 N.

Market Blvd. Ste. N−102, Sacramento, CA 95834, at 10:00 a.m., or as soon as practicable thereafter, on Tuesday, December 3, 2019. Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the Bureau at its office by December 2, 2019, or must be received by the Bureau at the hearing. The Bureau, upon its own motion or at the instance of any interested party, may thereafter adopt the proposal substantially as described below or may modify such proposal if such modifica- tions are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony re- lated to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: Pursuant to the authority vested in

Section 94877 of the Education Code, and to 1391

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z implement, interpret or make specific Sections 94874 and 94818 of said Code, the Bureau is considering changes to Division 7.5 of Title 5 of the California Code of Regulations as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Section 94874 of the Education Code (Code) pro- vides categories of institutions exempt from the Cali- fornia Private Postsecondary Education Act of 2009 (Code

section 94800 et seq.). Specifically, subsection (

a) exempts, “[a]n institution that offers solely avoca- tional or recreational educational programs.”

Section 94818 of the Code provides that “ ‘[a]vocational educa- tion’ means education offered for the purpose of per- sonal entertainment, pleasure, or enjoyment.”

Section 70000(

k) of Title 5 of the California Code of Regula- tions provides a definition for “[e]ducation offered for purpose of personal entertainment, pleasure or enjoy- ment” and thus clarifies and makes specific the statuto- ry definition of “avocational education.” The definition in

section 70000(

k) specifies that avocational education does not include education that assists a student to learn English as a second language, unless that education is for an “intensive English program that is touristic in na- ture, and provides for transportation, housing, and cul- tural and recreational activities.” The definition also specifies that avocational education does not include education that assists students to “enhance language skills for any business or occupational purpose.” At the time the current regulations were promulgated, there was minimal federal oversight of Intensive Eng- lish Language Programs (IELP).

Therefore, to provide needed oversight of these programs, the regulations in- cluded IELPs within the Bureau’s jurisdiction. IELPs, however, are unlike traditional private postsecondary educational programs the Bureau regulates. They do not offer diplomas or degrees, and they are more akin to exempt programs offered for personal entertainment, pleasure or enjoyment. Moreover, over the past several years, the federal government has provided substantial oversight of IELPs.

Given the differences in these pro- grams and the current level of federal oversight, the Bu- reau is proposing to amend the definition in 70000(

k) so that if institutions solely offering IELP programs meet a specific set of requirements, they would be exempt from the Bureau’s oversight. Specifically, the regulatory proposal is as follows: 1. Re−number

section 70000(

k) to

section 70000(k)(1) of Title 5 of the California Code of Regulations This renumbers this subsection and places the exist- ing paragraph introducing the meaning of “[e]ducation offered for purpose of personal entertainment, pleasure or enjoyment” under the number (1). It adds “the” be- tween “for” and “purpose” to match the phrase in statute. It also adds “or is” for grammatical clarity. The introduction ends with the sentence, “It does not include education that in any manner does any of the following:” 2. Adopt

section 70000(k)(1)(

A) of Title 5 of the California Code of Regulations This takes the language from the current

section 70000(k)(3) (“Assists a student to prepare for a test ad- ministered in conjunction with any undergraduate or graduate educational program”) and moves it to this new subsection (

A) and adds new language to make clear that education that assists students to prepare for any admission tests, including the TOEFL® (which is the brand name of a test of English as a foreign lan- guage), are not avocational. This subsection also ex- empts education that prepares students for tests for measuring English proficiency for the purposes of plac- ing a student within an IELP. 3. Adopt

section 70000(k)(1)(

B) of Title 5 of the California Code of Regulations With minor modifications, this takes the language from the current

section 70000(k)(4) (“Is an education- al service offered to lead to any employment in any oc- cupation or job title”) and moves it to this new subsec- tion (B). 4. Adopt

section 70000(k)(1)(

C) of Title 5 of the California Code of Regulations This takes the language from the current

section 70000(k)(5) (“Is represented to enable a student to use already existing knowledge, training, or skills in the pursuit of an occupation or to develop new or enhance existing knowledge, training, or skills in connection with any occupation or job title”) and moves it to this new subsection (

C) with minor modifications. 5. Repeal

section 70000(k)(1) of Title 5 of the California Code of Regulations This deletes the current subsection 70000(k)(1). 6. Repeal

section 70000(k)(2) of Title 5 of the California Code of Regulations This deletes the current subsection 70000(k)(2). 1392

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z 7. Repeal

section 70000(k)(2)(

A) of Title 5 of the California Code of Regulations This deletes the current subsection 70000(k)(2)(A). 8. Repeal

section 70000(k)(2)(

B) of Title 5 of the California Code of Regulations This deletes the current subsection 70000(k)(2)(B). 9. Adopt

section 70000(k)(2) of Title 5 of the California Code of Regulations This subsection provides that institutions providing education to facilitate developing learning skills or lan- guage proficiency to assist in learning English as a sec- ond language will be considered “Education offered for the purpose of personal entertainment, pleasure or en- joyment” if it meets specific requirements. 10. Adopt

section 70000(k)(2)(

A) of Title 5 of the California Code of Regulations This subsection requires the institutions identified in

section 70000(k)(2) to be accredited by an accrediting agency recognized by the United States Department of Education. 11. Adopt

section 70000(k)(2)(

B) of Title 5 of the California Code of Regulations This subsection requires the institutions identified in

section 70000(k)(2) to maintain a minimum refund policy. 12. Adopt

section 70000(k)(2)(

C) of Title 5 of the California Code of Regulations This subsection requires the institutions identified in

section 70000(k)(2) to be certified by the Student and Exchange Visitor Program. 13. Adopt

section 70000(k)(2)(

D) of Title 5 of the California Code of Regulations This subsection requires the institutions identified in

section 70000(k)(2) to provide only specific types of exempt instruction. 14. Adopt

section 70000(k)(2)(

E) of Title 5 of the California Code of Regulations This provides that the institutions identified in sec- tion 70000(k)(2) must not receive financial aid. 15. Adopt

section 70000(k)(2)(

F) of Title 5 of the California Code of Regulations This provides that the institutions identified in sec- tion 70000(k)(2) must not provide financial aid. 16. Adopt

section 70000(k)(2)(

G) of Title 5 of the California Code of Regulations This provides that the institutions identified in sec- tion 70000(k)(2) must not provide loans to students. 17. Adopt

section 70000(k)(2)(

H) of Title 5 of the California Code of Regulations This provides that the institutions identified in sec- tion 70000(k)(2) must not facilitate or broker any loans for students. 18. Adopt

section 70000(k)(2)(

I) of Title 5 of the California Code of Regulations This provides that no degree−granting programs are offered at the institutions identified in

section 70000(k)(2). 19. Adopt

section 70000(k)(2)(

J) of Title 5 of the California Code of Regulations This provides the institutions identified in

section 70000(k)(2) do not promise or represent that courses lead to employment. 20. Adopt

section 70000(k)(2)(

K) of Title 5 of the California Code of Regulations This provides that the institutions identified in sec- tion 70000(k)(2) cannot represent that they are ap- proved by the Bureau. 21. Repeal

section 70000(k)(3) of Title 5 of the California Code of Regulations This deletes this subsection. 22. Repeal

section 70000(k)(4) of Title 5 of the California Code of Regulations This deletes this subsection. 23. Repeal

section 70000(k)(5) of Title 5 of the California Code of Regulations This deletes this subsection. ANTICIPATED BENEFITS OF THE PROPOSAL IELPs are not generally considered traditional post- secondary educational programs. They generally do not offer degrees or diplomas, just certificates showing how much time has been completed in the immersive study. Their beginning and ending enrollment is gener- ally based on how long a student wants to spend learn- ing the language, not the program itself. In these ways, IELPs are more akin to educational programs offered for personal entertainment, pleasure or enjoyment.

Moreover, when the regulations were originally creat- ed, federal oversight of IELPs was minimal. Today, the federal government has enacted numerous new regula- tions and oversight of these programs, and the Bureau’s oversight is redundant. The Bureau has limited re- sources and it benefits everyone for the Bureau to use its resources where they can best serve the people of the State of California by no longer overseeing certain IELPs that meet the specific requirements set forth in the proposed regulations. 1393

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in- compatible with existing state regulations. INCORPORA TION BY REFERENCE There are no documents proposed to be incorporated by reference.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Cost/Savings in Federal Funding: The Bureau has determined that the costs of lost annual fees and other fees, such as renewal fees, will be offset by the savings from no longer having to re- view reports and fact sheets from these institutions, conduct required compliance inspections, as well as other administrative requirements involved in the Bu- reau’s oversight. Specifically, the Bureau estimates that the proposed regulations would impact 11 known institutions by making them exempt.

Based on the Bureau’s most re- cent revenue data, these institutions paid approximately $56,800 in annual institution fees and $5,500 in renewal fees every five years. If these institutions opt to be rec- ognized under the Bureau’s exempt status, these institu- tions would be required to pay the Bureau $250 every two years, which results in revenue of $2,750 every two years. As a result, the Bureau anticipates a loss between $54,000 to $60,000 in annual institution and registra- tion fee revenue per year. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 175000−17630 Re- quire Reimbursement: None. Business Impact: This regulation will not have a sig- nificant adverse economic impact on businesses. The proposal would make a specific subset of institutions exempt from Bureau oversight. Thus, these institutions would no longer be required to submit annual reports, renewals, or produce student performance fact sheets thereby saving the particular institutions money. Impacts on Jobs/New Businesses: None.

Cost Impact on Representative Private Person or Business: The institutions that qualify for this exemp- tion will save money which would have otherwise been required to pay fees and meet Bureau requirements. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Bureau has determined that the proposed regula- tions would affect small businesses to the extent that an institution qualifies as both a small business and for the exemption. Such institutions will save money which it would otherwise have been required to pay for regulato- ry fees to the Bureau.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Benefits of Regulation: IELPs will no longer be subject to oversight from the Bureau as long as they maintain the regulatory require- ments for the exemption.

This will save these institu- tions resources, including time and money, that have been required to be used to meet the various require- ments set forth by the Act and division which comprise the laws overseeing private postsecondary education in California.

Additionally, the Bureau will be able to use its resources to oversee other institutions, which is a benefit to the health and welfare of California residents by allowing the Bureau to focus its resources on tradi- tional postsecondary institutions that grant diplomas and/or degrees and enroll tens of thousands of students annually, rather than programs designed for hundreds of international tourist/students, and programs that are bought by the hour and not by completing a course of study.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would either 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 proposal described in this Notice, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. 1394

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of rea- sons for the proposed action and has available all infor- mation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and the initial statement of reasons, and all of the informa- tion upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Bureau for Private Postsecondary Education, P.O. Box 980818, West Sacramento, CA 95798−0818.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You can obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Yvette Johnson Address: P.O.

Box 980818 West Sacramento, CA 95798−0818 Telephone Number: (916) 431−6915 Fax Number: (916) 263−1897 E−Mail Address: Yvette.Johnson@dca.ca.gov The backup contact person is: Name: Leeza Rifredi Address: P.O. Box 980818 West Sacramento, CA 95798−0818 Telephone Number: (916) 431−6908 Fax Number: (916) 263−1897 E−Mail Address: Leeza.Rifredi@dca.ca.gov Website Access: Materials regarding this proposal can be found at http://bppe.ca.gov/. TITLE 8. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Subject: Pressure Vessel Fees Division 1. Department of Industrial Relations

Chapter 3.2. California Occupational Safety and Health Regulations Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 5. Boiler and Tank Permit and Inspection Fee

Schedule

Section 344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks

Section 344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.), and Boiler Inspection Fees.

Section 344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate. The Department of Industrial Relations, Division of Occupational Safety and Health (“the Division”) is proposing to permanently amend sections 344, 344.1 and 344.2 of title 8 of the California Code of Regula- tions 1 to take the action described in the Informative Digest/Policy Statement Overview (hereinafter “the Proposed Rulemaking”), which includes increasing most pressure vessel−related inspection and permitting fees from their pre−emergency regulation amount.

The Proposed Rulemaking was adopted by the Division as emergency regulations, pursuant to Labor Code, sec- tion 7721, subdivision (e), effective November 15, 2018. The purpose of the Proposed Rulemaking is to codify the emergency regulations as regular, non− emergency regulations after considering all public comments and recommendations. 1 Unless otherwise specified, all references are to sections of the California Code of Regulations, title 8. 1395

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z PUBLIC HEARING The Division will hold a hearing to receive public comments on the Proposed Rulemaking on: December 2, 2019 10:00 a.m. to 3:00 p.m., with a noon recess Elihu Harris State Building, 2nd Floor, Room 2 1515 Clay Street, Oakland, California, 94612 At the hearing, any person interested may present statements or arguments, orally or in writing, relevant to the Proposed Rulemaking. The Division requests, but does not require, that any persons who make oral com- ments at the hearing also provide a written copy of their comments.

Equal weight will be accorded to oral com- ments and written comments. Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or at 3:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon session will be held. The State Office Building and its Auditorium are ac- cessible to persons with mobility impairments.

Alter- nate formats, assistive listening systems, sign language interpreters, or other types of reasonable accommoda- tions to facilitate effective communication for persons with disabilities are available upon request. Please con- tact the Statewide Disability Accommodation Coordi- nator at 1−866−326−1616 (toll free), or through the Cal- ifornia Relay Service by dialing 711 or 1−800−735−2929 (TTY/English) or 1−800−855−3000 (TTY/Spanish) as soon as possible to request assis- tance. Accommodation requests should be made as soon as possible.

Requests for an assistive−listening system or communication access real−time translation should be made no later than five (5) days before the hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the Proposed Rulemaking by mail or personal delivery to: Division of Occupational Safety and Health Legal Unit Pressure Vessel Fees Comments Attn: Denise M. Cardoso, Staff Counsel 1515 Clay Street, Suite 1901 Oakland, CA 94612 Written comments also may be sent to Denise M. Car- doso via e−mail to dcardoso@dir.ca.gov.

Please put the words “Pressure Vessel Fees Comment” in the subject line of your e−mail for ease of reference. To be considered, written comments must be received by the Division at its office no later than 11:59 p.m. on December 2, 2019, or must be received by the Division at the hearing. The official record of the rulemaking proceeding will be closed at 11:59 p.m. on December 2, 2019. The Division will consider only comments re- ceived by that time.

The Division may thereafter adopt the Proposed Rulemaking substantially as described below or may modify it if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified pro- posal will be available for 15 days prior to its adoption from the persons designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to the Proposed Rule- making or who have requested notification of any pro- posed changes.

AUTHORITY AND REFERENCE Labor Code sections 59, 60.5, subdivision (c), and 7721 authorize the Division to adopt regulations gov- erning the assessment of fees for inspections performed by Division safety engineers for shop, field, and resale inspection of tanks and boilers and for the issuance of permits for the operation of such pressurized tanks, ves- sels and boilers. The Proposed Rulemaking imple- ments, interprets and makes specific

section 7721 of the Labor Code governing the assessment of such fees.

Section 344, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7721, 7725 and 7728, Labor Code.

Section 344.1, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7680, 7681, 7682, 7683, 7721 and 7728, Labor Code.

Section 344.2, of Title 8, California Code of Regulations Authority cited: Sections 60.5, 6308, 7721 and 7728, Labor Code. Reference: Sections 7650, 7654, 7680, 7683, 7721 and 7728, Labor Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Proposed Rulemaking permanently amends sec- tions 344, 344.1 and 344.2 as described below, thereby codifying the emergency regulation that became effec- tive November 15, 2018. 1396

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z A. EXISTING LAWS RELATED TO PROPOSED RULEMAKING Labor Code sections 60.5 and 6308 provide that the Division is charged with the administration and en- forcement of the provisions of the California Occupa- tional Safety and Health Act, commencing with Labor Code

section 6300, as well as other provisions of law af- fecting the health and safety of employees in the State of California. The Division is responsible for enforcing the provisions of Labor Code sections 7620 through 7771, which comprise

Part 6 of Division 5 of the Labor Code and govern the use of tanks and boilers in Califor- nia that are not specifically exempted by Labor Code sections 7624 and 7625. 2 Tank is defined as “any un- fired pressure vessel used for storage of air pressure or liquefied petroleum gases and any unfired pressure ves- sel built according to the rules of any nationally recog- nized pressure vessel code.” (Lab. Code,

section 7622.) Boiler is defined as “any fired or unfired pressure vessel used to generate steam pressure by the application of heat.” (Lab. Code,

section 7621.) The Division’s Pressure Vessel Unit enforces the pressure vessel, tank and boiler safety standards through shop, field, and resale inspections, tank and boiler inspections, and the issuance of permits to oper- ate. (Cal. Code Regs., tit. 8, sections 344, 344.1, and 344.2.) Shop inspection is defined as “the inspection and testing of tanks or boilers, manufactured, or in the process of manufacture, repair, or alteration, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured.” (Lab. Code,

section 7725, subd. (c).) Field inspection is defined as “the in- spection and testing of installed tanks or boilers or both tanks and boilers, regardless of location.” (Lab. Code,

section 7725, subd. (d).) Resale inspection is defined as “the inspection of boilers or tanks in the possession of a dealer or vendor at the request of a user who contem- 2 Exempted tanks are (

a) those under the jurisdiction or inspection of the federal government, (

b) air pressure tanks used in house- hold domestic services, (

c) tanks of 1 1/2 cubic feet or less not sub- ject to a pressure of more than 150 pounds per square inch, (

d) air pressure tanks supplied with air by the same air compressor which supplies air for the brakes of any motor vehicle or street car under the jurisdiction of the federal Department of Transportation or the California Highway Patrol, and (

e) tanks not subject to an internal or external pressure or [of] more than 15 pounds per square inch, irrespective of size. (Lab. Code,

section 7624.) Exempted steam boilers are (

a) those under the jurisdiction or inspection of the fed- eral government, boilers operated by employers not subject to Di- vision 4 of the Labor Code (sections 3201 et seq.), (

b) boilers on which pressure does not exceed 15 pounds per square inch, and (

c) boilers on automobiles and road motor vehicles. (Lab. Code,

section 7625.) plates the purchase thereof.” (Lab. Code,

section 7725, subd. (e).) No tank or boiler shall be operated unless a permit for its operation has been issued by, or on behalf of, the Di- vision. (Lab. Code,

section 7680.) The Division’s Pres- sure Vessel Unit conducts regular inspections of such equipment prior to issuing a permit to operate air tanks, liquefied petroleum gas (L.P.G.) tanks and boilers. (Lab. Code, sections 7681−7683.) Certified inspectors who are certified by the Division and employed by a county, city, insurer or employer to inspect the employ- er’s tanks and boilers also may perform such inspec- tions. (Lab. Code,

section 7650.) The Division is re- sponsible for issuing permits to operate tanks and boil- ers based on inspection reports received from qualified safety engineers and certified inspectors showing com- pliance with all applicable statutes and regulations. (Lab. Code, sections 7680− 7683.) Generally, permits for unfired L.P.G. tanks are valid for 3 years and other unfixed air tanks are valid for 5 years. (Cal. Code Regs., tit. 8,

section 462, subd. (a). and 470.) Permits for fired boilers are valid generally for 12 months, except for specified petroleum, chemical and power generating facilities that may obtain permits for longer periods after meeting specified conditions. (Cal. Code Regs., tit. 8, sections 770−771.) The owner/operator of a tank or boiler may request the Division to inspect and issue a permit to operate the equipment, or may have the inspection performed by one of the certified inspectors listed in Labor Code sec- tion 7650.

The Division is authorized to charge fees for conducting inspections, providing consultations, con- ducting surveys, audits and other activities required or related to meeting national standards for safe design and construction of tanks and boilers, and for process- ing permit applications, and for field consultations. (Lab. Code,

section 7721.) Whenever the inspection to operate a pressurized air tank, L.P.G. or boiler is per- formed by a certified inspector at a private, non− governmental businesses, the Division may charge a fee to review the inspection report and issue a permit to op- erate (Lab. Code,

section 7721, subd. (b)). Labor Code

section 7721 authorizes the Division to fix collect fees for shop, field, and resale inspections, the permitting of tanks and boilers, and other services rendered. All fees promulgated under sections 7720 through 7728 must cover the Division’s costs in per- forming its statutory duties, including administrative costs. Effective November 15, 2018, sections 344, 344.1, and 344.2 were amended via emergency rulemaking as described below under the

section titled “Proposed Amendments to Existing Regulations.” The emergency 1397

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z regulations currently in effect made the following amendments:

Section 344: increased the hourly inspection rate from $135.00 to $150.00, and deleted subsections (a)(1), (b)(1), (b)(2) and (b)(3);

Section 344.1 : decreased the hourly fee amount charged for field permit inspections from $160.00 to $150.00, deleted subsection (a)(1), separated subsection (

a) into subsections (a), (

b) and (c), and changed subsection (

b) to subsection (d); and

Section 344.2: increased the permit to operate fee from $15.00 to $45.00, and deleted superfluous language under subsections (a), (

b) and (c). The Proposed Rulemaking would codify the emer - gency regulations as regular, non−emergency regula- tions. The Proposed Rulemaking seeks to adopt these amendments on a permanent basis. PROPOSED AMENDMENTS TO EXISTING REGULATIONS PRIOR TO NOVEMBER 15, 2018 EMEGERGENCY REGULATIONS

Section 344. Shop and Resale Inspection Fees, Consultation and Audit Fees, Boilers and Tanks. Purpose. The purpose for the Proposed Rulemaking is to permanently increase the hourly fee under subsec- tion (

a) from $135.00 to $150.00.

Section 344 applies to all shop inspections, field erection and resale inspec- tions, consultations, surveys, audits, and other reviews and activities required or related to American Society of Mechanical Engineers (ASME) Code or other national standards concerning the design of boilers or pressure vessels or for evaluating a fabricator’s plant facilities when requested by entities desiring these services.

Sec- tion 344 sets out the hourly inspection fee amounts, rules governing how inspection and travel time is charged, conditions under which a penalty for late pay- ment of fees may be assessed and the penalty amount, and the basis and amount for expenses to be charged by the Division when Division inspectors are requested to inspect pressure vessels, tanks, boilers, parts of tanks and boilers and nuclear components. The Proposed Rulemaking makes the following changes to

section 344: Title. The Proposed Rulemaking would permanently amend the title of

section 344 from “Shop and Resale Inspection Fee Consultation and Audit Fees, Boilers and Tanks” to “Shop, Field and Resale Inspection Pro- gram Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently increase the hourly rate for services ren- dered by the Division under subsection (

a) from $135.00 to $150.00 per hour. In addition, the Proposed Rulemaking would permanently delete the heightened fee for inspections requested to be conducted after 5 p.m. on Monday through Friday, and at any hour on Sat- urday, Sunday or on any State holiday because the Divi- sion anticipates that the combined proposed fee modifi- cations to sections 344, 344.1 and 344.2 will achieve full cost recovery of the pressure vessel program. The Division included all expenditures when calculating the proposed fee modifications.

The Proposed Rulemaking also would permanently (1) delete the terms “or any part thereof” after the hourly fee amount, and insert at the end of the subsection the sentence, “Time shall be billed in quarter−hour incre- ments, rounded up to the nearest quarter hour” for clari- ty; (2) insert the terms “all work performed in connec- tion with” before the terms “all shop, field erection and resale inspections . . .” to clarify that the fee applies to all work related to the services specified therein, includ- ing, for example, travel and research; and (3) insert the term “and” between the terms “boilers, and nuclear” for clarity.

Subsection (a)(1). The Proposed Rulemaking would permanently delete subsection (a)(1) because the com- bined proposed fee modifications to sections 344, 344.1 and 344.2 stand to achieve full cost recovery to the pres- sure vessel program. The proposed modified fees incor- porate travel time as an expenditure. Subsection (b). The Proposed Rulemaking would permanently (1) change “qualified engineers” to “a qualified safety engineer employed by the division” to ensure consistency with Labor Code,

section 7650; and (2) delete the last sentence, and combine the content therein into the first sentence for brevity and clarity. Subsections (c), (c)(1), (c)(2), and (c)(3). The Pro- posed Rulemaking would permanently delete subsec- tions (c), (c)(1), (c)(2), and (c)(3) because the proposed fee modifications incorporate the expenses addressed therein and render these subsections unnecessary. Note: Authority cited. Permanently include a refer- ence to Labor Code

section 7728 under “Note: Authori- ty cited” because that statute vests the Division with the authority to charge a penalty for late payment of fees. Reference. Permanently insert under “Reference” Labor Code sections: (1) 7650 because it defines the term “qualified safety engineer” referenced in

section 344; and (2) 7725 because it defines the terms “shop in- spection,” “field inspection,” and “resale inspection” referenced in

section 344. Necessity. The Division determined that the hourly inspection amount needs to be increased from $135.00 to $150.00 to enable the Division to meet the costs it in- curs in performing the services described in

Part 6, Di- vision 5, of the Labor Code as part of the safety inspec- tions it provides to private sector owners and operators of such equipment. (See Appendix A.) The Division’s 1398

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z inspection and permit system protects the public and lo- cal workers and employers from possible death and se- rious injury or illness, and protects local businesses and local government from economic disruption and the use of emergency rescue and police services that would re- sult from an explosion or uncontrolled leak of hot, toxic or otherwise harmful contents in pressure vessels, tanks and boilers.

By having sufficient fee revenue to meet the Division’s costs of conducting these inspection and permit services, the Division will be able to continue protecting the safety and health of the public, the safety and health of employees working in the vicinity of pres- sure vessels, tanks and boilers and the uninterrupted commerce of businesses and government operating near such equipment. Authority and Reference. Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Labor Code

section 60.5, subdivision (

b) provides that the Division of Occupational Safety and Health succeeds to and is vested with all of the powers duties, purposes, responsibility, and jurisdiction of the Divi- sion of Industrial Safety. Labor Code

section 6308, subdivision (

a) provides that in enforcing occupational safety and health stan- dards and orders and special orders, the Division may: [d]eclare and prescribe what safety devices, safeguards, or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. Labor Code

section 7721, subdivision (

a) expressly provides: The division shall fix and collect fees for the shop, field, and resale inspection of tanks and boilers and for consultations, surveys, audits, and other activities required or related to national standards concerning the design or construction of boilers or pressure vessels or for evaluating fabricator’s plant facilities when these services are requested of the division by entities desiring these services. The division shall fix and collect the fees for the inspection of pressure vessels by a division safety engineer.

The division may charge an additional fee for necessary subsequent inspections to determine if applicable safety orders have been complied with. Labor Code

section 7721, subdivision (

b) provides that “[t]he division shall charge a fee for processing a permit.” Labor Code

section 7721, subdivision (

c) provides that “[t]he division shall fix and collect fees for field consultations regarding pressure vessels.” Labor Code

section 7721, subdivision (

d) provides that “[w]henever a person owning or having the cus- tody, management, or operation of a pressure vessel fails to pay the fees required under this

chapter within 60 days after notification, he or she shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of the fee.” Labor Code

section 7721, subdivision (

e) provides that the fees authorized under Labor Code

section 7721 “shall be in amounts sufficient to cover the direct and indirect costs of the division for administering” the Di- vision’s pressure vessel program, and be embodied in regulations. Labor Code

section 7722 requires the division to “es- tablish criteria upon which fee charges are based . . .”, and to deposit such fees collected in the Pressure Vessel Account, which shall be created and used for the admin- istration of the division pressure vessel safety program. Labor Code 7728 provides: Whenever an owner or user of any apparatus or equipment fails to pay the fees required under this

chapter within 60 days after notification, said owner or user shall pay, in addition to the fees required under this chapter, a penalty fee equal to 100 percent of such fee. For the purposes of this section, the date of the invoice shall be considered the date of notification. Reference: Sections 7650, 7721, 7725 and 7728, La- bor Code. Labor Code

section 7650 states that required inspec- tions “shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however, that shop inspections shall be made by the division, acting through its qualified safety engi- neers when request therefor is made by any manufactur- er of tanks or boilers.” Subdivision (

b) of

section 7650 defines a “qualified safety engineer” as “one who is qualified to make inspections or examinations of boil- ers or tanks according to the rules under which the ves- sel is constructed” and provides that “[s]uch qualifica- tion is to be determined by a written examination pre- scribed by the division.” Labor Code

section 7725, subdivision (

a) defines “small tank” to mean “any tank 1,200 gallons water ca- pacity or less”; subdivision (

b) defines “large tank” to mean “any tank of more than 1,200 gallons water capac- ity”; subdivision (

c) defines “shop inspection” to mean “the inspection and testing of tanks or boilers, manufac- tured, or in the process of manufacture, repair, or alter- ation, in the manufacturer’s shops, or at the jobsite, in accordance with the applicable rules of the respective codes under which they are manufactured”; subdivision (

d) defines “field inspection” to mean “the inspection and testing of installed tanks or boilers or both tanks and 1399

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z boilers, regardless of location;” subdivision (

e) defines “resale inspection” to mean “the inspection of boilers or tanks in the possession of a dealer or vendor at the re- quest of a user who contemplates the purchase thereof.” As explained above, Labor Code sections 7721 and 7728 enumerate the various fees the division may fix and collect related to its inspection of pressure vessels, tanks and boilers. Sections 344, 344.1 and 344.2 of title 8 of the California Code of Regulations are regulations that interpret, make specific and implement the provi- sions of these statutes.

Section 344.1. Air Tank, Liquefied Petroleum Gas (L.P.G.) Tank, and Boiler Inspection Fees. Purpose. The purpose of the Proposed Rulemaking is to permanently decrease the hourly fee under subsec- tion (

a) from $160.00 to $150.00.

Section 344.1 applies to the hourly fee charged by the Division, including specified travel time, and penalties for late payment, for field permit inspections of air tanks, liquefied petrole- um gas (L.P.G.) tanks and boilers performed by its qual- ified safety engineers when requested by the owner or operator of such equipment. The Proposed Rulemaking makes the following changes to

section 344.1: Title. The Proposed Rulemaking would permanently amend the title of

section 344.1 from “Air Tank, Lique- fied Petroleum Gas (L.P.G.), and Boiler Inspection Fees” to “Air Tank, Liquefied Petroleum Gas (L.P.G.) Tank, and Boiler Permit Inspection Program Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently decrease the hourly rate for services ren- dered by the Division under subsection (

a) from $160.00 to $150.00 per hour. The proposed decrease would make the hourly fee under

section 344.1 consis- tent with the proposed hourly fee under

section 344. In addition, the Proposed Rulemaking would perma- nently (1) break subsection (

a) into three subsections ti- tled (a), (b), and (c); (2) delete the reference to travel time because anticipated travel expenditures were cal- culated into the proposed fee modifications; (3) replace the text reading, “for field permit inspection of air tanks, L.P.G. tanks, and boilers by qualified safety engi- neers employed by the division” with the following text, “for all field, resale and alteration permit inspec- tions of air tanks, liquefied petroleum gas (L.P.G.) tanks, and boilers performed by a qualified safety engi- neers employed by the division” for clarity; (4) insert the terms “all work performed in connection with all” before the terms “field, resale and alteration permit in- spection . . .” to clarify that the fee applies to all work related to the services specified therein, including, for example, travel and research; and (5) delete the terms “or any part thereof” after the hourly fee amount, and insert at the end of the subsection the sentence, “Time shall be billed in quarter−hour increments, rounded up to the nearest quarter hour” for clarity.

New subsection (b).

The Proposed Rulemaking would permanently (1) insert the $150 proposed fee amount and rephrase the sentence structure for clarity; (2) replace the term “subsequent” with “all follow−up” for clarity and consistency with new subsection (c); (3) delete the term “consultation” and specify the stated fee only applies to follow−up inspections where safety re- quirements have not been complied with within 15 days of the date shown on the preliminary order; (4) insert the terms “all work performed in connection with” before “all follow−up inspections” to clarify that the fee ap- plies to all work related to the services specified therein, including, for example, travel and research; and (5) in- sert at the end of the subsection the sentence, “Time shall be billed in quarter−hour increments, rounded up to the nearest quarter hour” for clarity.

New subsection (c). The Proposed Rulemaking would permanently remove the capitalization from words for consistency with the balance of the regula- tions, and insert the terms “is” and “of such compli- ance” for clarity. Subsection (a)(1). The Proposed Rulemaking would permanently delete subsection (a)(1) because the com- bined proposed fee modifications to sections 344 to 344.2 stand to achieve full cost recovery to the program. The proposed modified fees incorporate travel time as an expenditure. Subsection (b). The Proposed Rulemaking would permanently renumber subsection (

b) to new subsec- tion (

d) and rephrase the sentence structure for clarity and consistency with the balance of the regulation. Note: Authority cited. Permanently insert under “Note: Authority cited”

section 7728 because it vests the Division with the authority to charge a penalty for late payment. Reference. Permanently insert under “Reference” Labor Code sections: (1) 7650 because it defines the term “qualified safety engineer” referenced in

section 344.1; (2) 7680 because it sets forth the permit mandate referenced in

section 344.1; (3) 7681 because it sets forth the permit inspection of tanks mandate referenced in

section 344.1; (4) 7682 because it sets forth the per- mit inspection of boilers mandate referenced in

section 344.1; and (5) 7683 because it sets forth the permit re- quirements and specifications referenced in

section 344.1. Necessity. The Division anticipates that the com- bined proposed fee modifications to sections 344, 344.1 and 344.2 stand to achieve full cost recovery to the pres- sure vessel program as set forth in Appendix A. Further, 1400

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z the proposed decrease is necessary to make the hourly fee under

section 344.1 consistent with the proposed hourly fee under

section 344 for ease of administration. Authority and Reference. Authority cited: Sections 60.5, 6308, 7721, 7722 and 7728, Labor Code. Reference: Sections 7650, 7680, 7681, 7682, 7683, 7721 and 7728, Labor Code. The reasons explained above under the Authority and Reference for

section 344 with respect to Labor Code, sections 60.5, 6308, 7650, 7721, 7722, and 7728 apply equally to

section 344.1. Labor Code

section 7680 states “[n]o tank or boiler shall be operated unless a permit for its operation has been issued by or in behalf of the division.” Labor Code

section 7681, subdivision (

a) requires the Division to “inspect or cause to be inspected each in- stalled tank at least every five years” except for those tanks expressly exempted under subdivision (b). Subdi- vision (

b) exempts from inspection: Any air pressure tank which contains 25 cubic feet or less and is not subject to pressure of more than 150 pounds per square inch and any liquefied petroleum gas tank used for storage, except a tank used for dispensing purposes as part of a dispensing unit, which contains 575 gallons or less shall be inspected or caused to be inspected by the division when the tank is initially placed into service if the tank is constructed, inspected and stamped in compliance with the American Society of Mechanical Engineers (ASME) Code, or the design, material, and construction of the tank is approved by the division as equivalent to the ASME Code. Labor Code

section 7682 requires the Division to “in- spect or cause to be inspected each installed fired boiler internally and externally at least every year” but allows the Division to “grant extensions to permit the interval between internal inspections to be increased to a maxi- mum interval of 36 months where operating experience and design of the boiler has demonstrated to the satis- faction of the division that equivalent safety will be maintained.” For other classes of boilers,

section 7682 requires the Division to “establish internal inspection intervals which will ensure the safety of people working in the vicinity of the boiler,” while considering factors such as the design and construction of the boilers and the conditions under which they operate.

Section 7682 also requires eternal inspections of all boilers at the time of the internal inspection and at any other intervals deemed necessary by the Division. Labor Code

section 7683, subdivision (

a) provides that if a tank or boiler is found to be in a safe condition of operation, the Division shall issue a permit for its operation. Permits for tanks not specified in subdivision (

b) of

section 7681 expire after five years unless otherwise ex- empted. (Lab. Code,

section 7683, subd. (b).) Permits for tanks specified in subdivision (

b) of Sec- tion 7681 remain in effect as long as the tank is in com- pliance with the law; however, a “new inspection and permit for operation shall be required whenever there is a change in ownership and permanent location of the tank or there is an alteration or change in the tank which affects the tank’s safety.” (Lab. Code,

section 7683, subd. (c).) Permits for boilers shall remain in effect for a period not longer than one year. (Lab. Code,

section 7683, subd. (d).)

Section 344.2. Boiler, Tank and Resale Inspection Reports and Permits to Operate. Purpose. The purpose for the Proposed Rulemaking is to permanently increase the permit fee under subsec- tion (

b) from $15.00 to $45.00.

Section 344.2 applies to the permitting fee charged by the Division to cover the cost of processing each permit to operate, and penalties for late payment. The Proposed Rulemaking makes the following changes to

section 344.2: Title. The Proposed Rulemaking would permanently amend the title from “Boiler, Tank and Resale Inspec- tion Reports, and Permits to Operate” to “Air Tank, Liq- uefied Petroleum Gas (L.P.G.) Tank, and Boiler Permit to Operate Program Fees” to more accurately describe the regulation’s subject matter. Subsection (a). The Proposed Rulemaking would permanently delete the text appearing after the term “di- vision” under subsection (

a) to clarify that permits to operate must be issued by or in behalf of the Division pursuant to Labor Code

section 7680. Subsection (b). The Proposed Rulemaking would permanently increase the permit fee under subsection (

b) from $15.00 to $45.00. In addition, the Proposed Rulemaking would rephrase the sentence structure for brevity and clarity. Subsection (c). The Proposed Rulemaking would permanently rephrase the sentence structure for clarity, and replace the term “L.P.G.” with “liquefied petroleum gas (L.P.G.).” Note: Authority cited. Permanently insert under “Note: Authority cited” Labor Code sections: (1) 60.5 because it vests the Division with the authority to imple- ment, interpret and makes specific sections 7680 et seq. relating to the permitting of tanks and boilers; and (2) 7728 because it vests the Division with the authority to charge a penalty for late payment. 1401

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z Reference. Permanently insert under “Reference” Labor Code sections (1) 7683 because it sets forth the permit requirements and specifications referenced in

section 344.2; and (2) 7728 because it sets forth the late payment penalty mandate referenced in

section 344.2. Necessity. The Division determined that it must per- manently increase its permit fee under subsection (

b) from $15.00 to $45.00 to enable the Division to meet its expenses and costs for conducting the inspection and permit services described in

Part 6, Division 5, of the Labor Code for the pressure vessel, boiler and tank safe- ty inspections performed for private sector owners and operators of such equipment. (See Appendix A.) As dis- cussed above, the proposed amendment is necessary to allow the Division to adequately fund its Pressure Ves- sel Unit’s operations and meet its objective of ensuring occupational and public safety. Authority and Reference. Authority cited: Sections 60.5, 6308, 7721 and 7728, Labor Code. Reference: Sections 7650, 7654, 7680, 7683, 7721 and 7728, Labor Code. The reasons explained above under the Authority and Reference for

section 344 and 344.1 with respect to La- bor Code,

section 60.5, 6308, 7650, 7680, 7683, 7721, and 7728 apply equally to

section 344.2. Labor Code

section 7654 requires certified inspector to (1) forward a report of his or her inspection, on pre- scribed forms, to the Division within twenty−one (21) days after each routine inspection; and (2) report to the Division within twenty−four (24) hours, by telegraph or telephone, serious conditions that would jeopardize the life, limb, or safety of employees discovered during his or her inspection. B. SUBSTANTIAL DIFFERENCE FROM EXISTING, COMPARABLE FEDERAL REGULATION OR STATUTE None. The Division has determined that there are no applicable governing federal regulations or statutes. C.

POLICY STATEMENT OVERVIEW The inspection of pressure vessels, tanks and boilers is necessary to (1) protect the lives, health and safety of the public and of employees working in the vicinity of such equipment; (2) avoid business disruption from any equipment−related explosions; and (3) protect the envi- ronment from contamination that could result from un- controlled emissions or spills of the materials, gases and substances stored in such pressure vessel, tanks and boilers.

The broad objective of the Proposed Rulemaking is to correct the Pressure Vessel Account’s deficit by in- creasing most pressure vessel−related inspection and permitting fees.

At the direction of the Department of Industrial Relations, the Division has evaluated the costs associated with administering its Pressure Vessel Unit, and determined that the Unit is expending signifi- cantly more money issuing permits, performing inspec- tions, and providing related services at private, non− governmental businesses than it recoups through the current fees it charges those businesses for permits, in- spections, and consultation. 3 The Proposed Rulemak- ing would allow the Division to cover the actual costs in having its qualified safety engineers provide on−site in- spection services for the private sector owners/opera- tors using pressure vessels, tanks and boilers in Califor- nia which must be inspected prior to the issuance of a permit to operate.

Without the Proposed Rulemaking, the Division cannot adequately fund its Pressure V essel Unit’s operations and cannot meet its objective of en- suring occupational and public safety. D. DETERMINATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE REGULATIONS After conducting an evaluation for any regulations in this area, the Division has concluded that these are the only regulations concerning pressure vessel fees. The Proposed Rulemaking is neither inconsistent nor in- compatible with existing state regulations. OTHER APPLICABLE MATTERS PRESCRIBED BY STATUTE None.

The Division has determined that there are no other matters prescribed by statute applicable to the Di- vision or to the regulations subject to the Proposed Rulemaking. MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS None. The Proposed Rulemaking does not impose a mandate on local agencies or school districts. The Divi- sion has determined that the Proposed Rulemaking does not impose a mandate requiring reimbursement by the State pursuant to

Part 7 (commencing with

section 3 Government Code

section 6103 prohibits the Division from charging fees for inspections or permits for pressure vessels and boilers owned or operated by public entities including the state or any city, county, district or other political subdivision. The costs associated with such inspections by the Division and permits is- sued to public entities have been funded through revenues re- ceived pursuant to Labor Code

section 62.5, subdivision (d). 1402

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z 17500) of Division 4 of the Government Code because the Proposed Rulemaking will not require local agen- cies or school districts to incur additional costs in com- plying with the proposal. The Division cannot charge local agencies and school districts fees for inspections and permits of tanks and boilers because there is no ex- press statutory authority allowing the Division to do so. (Gov. Code,

section 6103.) Further, the Proposed Rulemaking does not consti- tute a “new program or higher level of service of an ex- isting program within the meaning of

section 6 of Arti- cle XIII B of the California Constitution.” The Califor- nia Supreme Court has established that a “program” within the meaning of

section 6 of

Article XIII of the California Constitution is one which carries out the governmental function of providing services to the pub- lic, or which, to implement a state policy, imposes unique requirements on local governments and does not apply generally to all residents and entities in the state. (County of Los Angeles v. State of California (1987) 43 Cal. 3d 46.) The Proposed Rulemaking does not require any local agency to carry out the governmental function of providing services to the public.

FISCAL IMPACT STATEMENT: STATE AND LOCAL AGENCIES, SCHOOL DISTRICTS AND FEDERAL FUNDING Cost or savings to any state agency : The Proposed Rulemaking will result in the estimated added revenues to the Division of approximately $964,000.00 annually through fees collected from private businesses for the inspection of tanks and boilers. (See attached, Appen- dix A.) The Proposed Rulemaking will not result in costs to state agencies that require inspections and per- mits for pressurized tanks and boilers under the Labor Code, because there is no express statutory authority to charge state agencies such permit fees and therefore state agencies are statutorily exempt from such fees. (Gov.

Code,

section 6103.) Cost to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq: None. The Proposed Rulemaking will not result in costs to local agencies and school districts that require inspections and permits for pressurized tanks and boilers under the Labor Code, because there is no express statutory authority to charge public agencies such permit fees, and therefore local agencies and school districts are statutorily exempt from such fees. (Gov. Code,

section 6103.) Other nondiscretionary costs or savings imposed on local agencies: None. The Proposed Rulemaking does not impose non−discretionary costs on local agencies. Cost or savings in federal funding to the state: The Proposed Rulemaking will create neither costs nor sav- ings in federal funding to the State. FISCAL IMPACT STATEMENT: BUSINESS Although the Proposed Rulemaking will affect busi- nesses statewide, including small businesses, the Divi- sion concludes that the adverse economic impact in- cluding the ability of California business to compete with business in other states, will not be significant.

DECLARATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT The Division has made an initial determination that the Proposed Rulemaking will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in other states. The Division relied on the figures in Appendix A in reaching its initial determination.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES Private Person Impact: The Division is not aware of any cost impacts that a representative private person would necessarily incur in reasonable compliance with the Proposed Rulemaking. Indeed, a private person who does not own or operate a boiler, tank or pressure vessel subject to the Pressure Vessel Safety Orders would not experience a direct cost impact as a result of the Pro- posed Rulemaking.

Business Impact: The Division has determined that the Proposed Rulemaking will not have a significant statewide adverse economic impact directly affecting business, including the ability of California business to compete with businesses in other states. The Proposed Rulemaking will affect the 26,674 owners and operators of pressure vessels, tanks and boilers in California; 86% which are small businesses. Specifically, the Proposed Rulemaking will only affect owners and operators of non−exempt pressure vessels, tanks and boilers by (1) increasing the hourly rate for all services under

section 344 by about 11% ($135/$150); (2) decreasing the hourly rate for all services under sec- tion 344.1 by about 6% ($160/$150); and (3) tripling the permit fee under 344.2 from $15.00 to $45.00. The Di- vision anticipates that the Proposed Rulemaking will result in an estimated cost increase of $829,000 for small businesses, and $135,000 for other businesses. (See Appendix A.) The Proposed Rulemaking applies to all non−exempt businesses operating pressure vessels, tanks and boilers 1403

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z in this state, and thus, is neutral in its treatment of Cali- fornia businesses compared to businesses from other states. The Proposed Rulemaking does not require the purchase of new equipment or training or technology, so it will not involve “initial costs” as that term is com- monly understood. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Division does not anticipate the Proposed Rule- making will result in the creation or elimination of any jobs in the State of California.

The Proposed Rulemak- ing will not affect the creation of new businesses or the elimination of existing business within the State of Cal- ifornia, and will not affect the expansion of businesses currently doing business within the state.

The Proposed Rulemaking, by funding the regulation of pressure vessels, tanks and boilers to ensure their safe operation, will (1) protect the lives, health and safety of the public and of employees working in the vicinity of pressure vessels, tanks, and boilers; (2) protect busi- nesses and local governments from economic disrup- tion and expense incurred for emergency rescue and po- lice services that would occur from an explosion or un- controlled leak of hot, toxic or otherwise harmful con- tents in pressure vessels, tanks and boilers; and (3) pro- tect the environment from contamination that could re- sult from uncontrolled emissions or spills of the materi- als, gases and substances stored in pressure vessels, tanks and boilers.

BUSINESS REPORT FINDING None. The Proposed Rulemaking does not require any person or business to submit a report. HOUSING COSTS The Division has made an initial determination that the Proposed Rulemaking will not have a significant ef- fect on housing costs.

CONSIDERATION OF ALTERNATIVES The Division must determine that no reasonable al- ternative considered by it, or that has been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed 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 pol- icy or other provision of law.

CONTACT PERSONS Non−substantive inquiries concerning this action, such as requests for copies of the text of the proposed amendments, and the location of public records, may be directed to Pamela Claros at (510) 286−7348 or pclaros@dir.ca.gov. Inquiries regarding the substance of the proposed amendments may be directed to Denise M. Cardoso (primary contact) or Chris Grossgart (back−up contact) at (510) 286−7348 or at cgrossgart@dir.ca.gov. DEADLINE TO SUBMIT WRITTEN COMMENT 11:59 p.m. on December 2, 2019, or must be received by the Division at the hearing.

The official record of the rulemaking proceeding will be closed at 11:59 p.m. on December 2, 2019. The Division will consider only comments received by that time. A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION / INTERNET ACCESS An Initial Statement of Reasons, the text of the Pro- posed Rulemaking, and other information upon which the Proposed Rulemaking is based, have been prepared and are available from the contact persons named in this Notice.

The Division will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at 1515 Clay Street, Suite 1901, Oakland, CA 94612. The Initial Statement of Reasons, this Notice of Proposed Rulemaking, and text of the Proposed Regulation also may be accessed through the agency’s Internet website at https://www.dir.ca.gov/ dosh/doshreg/Pressure−Vessel−Fees/. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Division may adopt the proposals substantially as described in this Notice.

If the Division 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 be- fore adopting the amendments as revised. Any such modifications also will be posted on the Division’s website. Please send requests for copies of any modified amendments to the attention of Pamela Claros at the 1404

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z above telephone number or e−mail address. The Divi- sion will accept written comments on the modified reg- ulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Pamela Claros at the above−referenced telephone number or e−mail address. TITLE 9. DEPARTMENT OF STATE HOSPITALS NOTICE IS HEREBY GIVEN that the Department of State Hospitals (DSH), pursuant to the authority vested in it by

section 87306 of the Government Code, proposes this amendment to its conflict−of−interest code. A comment period has been established com- mencing on October 18, 2019 and closing on December 2, 2019. All inquiries should be directed to the agency contact person listed below. DSH proposes to amend its conflict−of−interest code in title 9,

section 400, California Code of Regulations (CCR), to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law, and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict−of−interest code contain technical amendments to title 9,

section 400, CCR, including the Appendices as follows: 1. Appendix A — The current code for the Department of State Hospitals was approved on November 14, 2017, by the Fair Political Practices Commission (FPPC). There are classifications/positions filled by individuals who are not currently identified in the current conflict−of−interest code who make or participate in making governmental decisions that could affect their personal economic interest. DSH has updated the list of designated positions to include newly identified classifications that make or participate in making governmental decisions.

In addition, classifications/positions which are no longer utilized by DSH were eliminated from the current conflict−of−interest code. 2. Appendix B — The Disclosure Categories were updated and tailored to ensure the new list of designated positions are disclosing the appropriate financial conflict−of−interests. Printed copies of the proposed amendments and ex- planation of reasons may be obtained by submitting a request to the agency contact person listed below. These documents are also available online at: https://www.dsh.ca.gov/Publications/Regulations. html.

The Department of State Hospitals has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. Written Comment Period and Submittal of Comments The public comment period for this regulatory action will begin on October 18, 2019 and ends on December 2, 2019.

Any interested person may submit written comments relating to the proposed amendment by sub- mitting them electronically or by postal mail to the ad- dress below during the public comment period. If a hearing is requested, public comments may also be sub- mitted at the hearing. At this time, no public hearing is scheduled. A person may request a hearing no later than November 18, 2019, by submitting the request to the address listed below.

Submit comments electronically at: DSH.Regulations@dsh.ca.gov Submit comments by Postal mail: Conflict−of−Interest Code Regulation Department of State Hospitals 1600 9 th Street Room 410 Sacramento, CA 95814 Agency Contact Person All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Ms. Mable Basquez, Human Resources Manager, at (916) 651−5662. TITLES 13 AND 17. AIR RESOURCES BOARD This notice announces the availability of the pro- posed Control Measure for Ocean−Going Vessels at 1405

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z Berth and a Draft Environmental Analysis (Draft EA) for public comment. The California Air Resources Board (CARB or Board) will conduct a public hearing at the time and place noted below to consider the pro- posed Control Measure for Ocean−Going Vessels At Berth. DATE: December 5, 2019 TIME: 10:00 a.m. LOCATION: DeFremery Park Recreation Center 1651 Adeline Street Oakland, California 94607 This item will be considered at a meeting of the Board, which will commence at 10:00 a.m., December 5, 2019.

Please consult the agenda for the hearing, which will be available at least ten days before Decem- ber 5, 2019, to determine the time at which this item will be considered. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present com- ments orally or in writing at the hearing and may pro- vide comments by postal mail or by electronic submittal before the hearing. The public comment period for this regulatory action will begin on October 18, 2019.

Writ- ten comments not physically submitted at the hearing must be submitted on or after October 18, 2019, and re- ceived no later than December 2, 2019. Any written comments on the Draft EA must be submitted on or af- ter October 18, 2019, and received no later than De- cember 2, 2019. CARB requests that when possible, written and email statements be filed at least 10 days be- fore the hearing to give CARB staff and Board members additional time to consider each comment.

The Board also encourages members of the public to bring to the attention of staff in advance of the hearing any sugges- tions for modification of the proposed regulatory ac- tion. Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php Please note that under the California Public Records Act (Gov. Code,

section 6250 et seq.), your written and oral comments, attachments, and associated contact in- formation (e.g., your address, phone, email, etc.) be- come part of the public record and can be released to the public upon request. Additionally, the Board requests but does not require that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review. AUTHORITY AND REFERENCE This regulatory action is proposed under the authority granted in California Health and Safety Code, sections 38560, 38562, 39600, 39601, 39650, 39658, 39659, 39666, 43013, and 41511.

This action is proposed to im- plement, interpret, and make specific sections 38510, 38530, 38562, 38566, 38580, 39600, 39650, 39658, 39659, 39666, 39674, 41510, 41511, 41701, and 43016. CARB has authority under California law to adopt the proposed regulations. Health and Safety Code sec- tion 43013 provides broad authority for CARB to adopt emission standards and other regulations to reduce emissions from new and in−use vehicular, nonvehicular and other mobile sources.

CARB is expressly autho- rized to adopt emission standards and other regulations for marine vessels, to the extent permitted by federal law. (Health and Safety Code

section 43013(b).) The Legislature has also directed CARB to “act as expedi- tiously as is feasible to reduce nitrogen oxide emissions from diesel vehicles, marine vessels, and other cate- gories of vehicular and mobile sources which signifi- cantly contribute to air pollution problems.” (Health and Safety Code

section 43013(h).) CARB is further mandated to reduce air toxics emis- sions under California’s air toxics laws. Health and Safety Code

section 39666 directs CARB to adopt ATCMs to “reduce emissions of toxic air contaminants from non−vehicular sources” for identified TACs such as diesel PM, formaldehyde, benzene, and 1,3 butadiene. CARB is also mandated under Health and Safety Code sections 38500 et seq. to reduce greenhouse gas emissions, which are emitted at substantial levels by ships hotelling at California ports. For example,

section 38560 mandates CARB to adopt rules and regulations “to achieve the maximum technologically feasible and cost−effective greenhouse gas emission reductions from sources or categories of sources, subject to the cri- teria and schedules set forth in this part.” Additionally, other statutes mandate CARB to do all things necessary and proper to achieve its statutory mandates.

Section 39600 requires CARB to “do such acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.”

Section 39601 requires CARB to adopt “stan- 1406

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 42-Z dards, rules, and regulations” which are “necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board by this division and by any other provision of law.” INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Gov. Code,

section 11346.5, subd. (a)(3)) Sections Affected: Proposed amendment to California Code of Regula- tions, title 13, division 3,

chapter 5.1,

section 2299.3; and title 17, division 3,

chapter 1, subchapter 7.5, sec- tion 93118.3. Proposed adoption of California Code of Regula- tions, title 13, sections 93130 through 93130.20. Documents Incorporated by Reference (Cal. Code Regs., tit. 1,

section 20, subd. (c)(3)): The following documents, test methods, and model would be incorporated in the regulation by reference as specified by section: ISO 8217 Petroleum products — Fuels (class

F) Specifications of marine fuels, Fourth edition June 15, 2010,

section 93130.2(b)(38) ISO 8217 Petroleum products — Fuels (class

F) Specifications of marine fuels, Third edition November 1, 2005,

section 93130.2(b)(38) ISO 8178, Reciprocating internal combustion engines — Exhaust emission measurement —

Part 1: Test−bed measurement of gaseous and particulate exhaust emissions, August 15, 1996,

section 93130.5(g)(1); ISO 8178, Reciprocating internal combustion engines — Exhaust emission measurement —

Part 2: Measurement of gaseous and particulate exhaust emissions at site, August 15, 1996,

section 93130.5(g)(1); ISO 8178, Reciprocating internal combustion engines — Exhaust emission measurement —

Part 4: Test cycles for different engine applications, August 15, 1996,

section 93130.5(g)(1); CARB — FRAC (Excel) — Fraction data for source categories, February 21, 2019,

section 93130.5(g)(3) CARB — PMPROF REF (Excel) — Reference number for PM profiles, July 8, 2019,

section 93130.5(g)(2) Source Test Procedure ST−1B Ammonia Integrated Sampling, January 20, 1982,

section 93130.5(g)(6); ISO 8754, Petroleum products — Determination of sulfur content — Energy−dispersive X−ray fluorescence spectrometry, July 15, 2003,

section 93130.5(g)(7); CARB — Method 100, Procedures for Continuous Gaseous Emission Stack Sampling, July 28, 1997,

section 93130.5(g)(8); California Environmental Protection Agency Air Resource Board Recommended Emissions Testing

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2019, No. 42
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	eee8aeec1fa66d9f61d3293b785998d44e7ddd9a

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