time- dated material · pdf file15.05.2017 · register 2017, no. 15−z...

APRIL 14, 2017REGISTER 2017, NO. 15−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

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

(Continued on next page)

Time-DatedMaterial

PROPOSED ACTION ON REGULATIONS

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict−of−Interest Code — Notice File No. Z2017−0404−05 533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Adoption Multi−County: Antelope Valley−East Kern Water Agency Financing Authority

Southern California Home Financing AuthorityAmendmentMulti−County: Marin Schools Insurance Authority

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine — Merced County — Notice File No. Z2016−1206−04 534. . . . . . . . . . . . . .

TITLE 5. COMMISSION ON TEACHER CREDENTIALINGCost Recovery Fees — Notice File No. Z2017−0328−05 537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 5. EDUCATION AUDIT APPEALS PANELAudits of K−12 Local Education Agencies (LEAs) — Fiscal Year (FY) 2017−2018 — Notice File No. Z2017−0404−04 541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAININGCommission Regulation 1070 and 1082 — Notice File No. Z2017−0404−06 543. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 16. BOARD OF PHARMACYFee Schedule — Notice File No. Z2017−0404−03 545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

DEPARTMENT OF FISH AND WILDLIFEBig Flat Road at Hurdygurdy Creek Bridge Replacement Consistency Determination (CD) Request —2080−2017−004−01 548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containingnotices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in theCalifornia Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in theCalifornia Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

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

DEPARTMENT OF PUBLIC HEALTH Preventive Health and Health Services Block Grant (PHHSBG) State Plan for Federal Fiscal Year (FFY) 2017 549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RULEMAKING PETITION DECISION

AIR RESOURCES BOARDNotice of Petition Decision from Christopher Berry on behalf of the Animal Legal Defense Fund (ALDF) Concerning Mandatory Reporting of Greenhouse Gas Emissions (MRR) regulation and Cap and Trade regulation 550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISAPPROVAL DECISION

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROLProtests; Protest Process 555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, November 2, 2016 to April 5, 2017 558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NOTICE OF EDITORIAL CORRECTION

DEPARTMENT OF FOOD AND AGRICULTURE 563. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 15-Z

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PROPOSED ACTION ONREGULATIONS

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

not edited by Thomson Reuters.

TITLE 2. FAIR POLITICALPRACTICES COMMISSION

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

CONFLICT−OF−INTEREST CODES

ADOPTION

MULTI−COUNTY: Antelope Valley−East Kern Water Agency Financing Authority

Southern California Home Financing Authority

AMENDMENT

MULTI−COUNTY: Marin Schools Insurance Authority

A written comment period has been established com-mencing on April 14, 2017, and closing on May 29,2017. Written comments should be directed to the FairPolitical Practices Commission, Attention CesarCuevas, 428 J Street, Suite 620, Sacramento, California95814.

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

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

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

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

Any interested person may present statements, argu-ments or comments, in writing to the Executive Direc-tor of the Commission, relative to review of the pro-posed conflict−of−interest code(s). Any written com-ments must be received no later than May 29, 2017. If apublic hearing is to be held, oral comments may be pre-sented to the Commission at the hearing.

COST TO LOCAL AGENCIES

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

EFFECT ON HOUSING COSTSAND BUSINESSES

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

AUTHORITY

Government Code Sections 82011, 87303 and 87304provide that the Fair Political Practices Commission asthe code−reviewing body for the above conflict−of−interest codes shall approve codes as submitted, revisethe proposed code and approve it as revised, or returnthe proposed code for revision and re−submission.

REFERENCE

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

CONTACT

Any inquiries concerning the proposed conflict−of−interest code(s) should be made to Cesar Cuevas, Fair


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Political Practices Commission, 428 J Street, Suite 620,Sacramento, California 95814, telephone (916)322−5660.

AVAILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES

Copies of the proposed conflict−of−interest codesmay be obtained from the Commission offices or the re-spective agency. Requests for copies from the Commis-sion should be made to Cesar Cuevas, Fair PoliticalPractices Commission, 428 J Street, Suite 620, Sacra-mento, California 95814, telephone (916) 322−5660.

TITLE 3. DEPARTMENT OF FOODAND AGRICULTURE

The Department of Food and Agriculture (Depart-ment) amended subsection 3435(b) of the regulations inTitle 3 of the California Code of Regulations pertainingto Asian Citrus Psyllid (ACP) Interior Quarantine as anemergency action which was effective on September 14and 16, 2016. The Department proposes to continue theregulation as amended and to complete the amendmentprocess by submission of a Certificate of Compliance.

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

PUBLIC HEARING

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

WRITTEN COMMENT PERIOD

Any interested person or his or her authorized repre-sentative may submit written comments relevant to theproposed amendment to the Department. Commentsmay be submitted by mail, facsimile (FAX) at916.654.1018 or by email to [email protected] written comment period closes at 5:00 p.m. on May30, 2017. The Department will consider only commentsreceived at the Department offices by that time. Submitcomments to:

Sara KhalidDepartment of Food and AgriculturePlant Health and Pest Prevention Services1220 N Street Sacramento, CA [email protected] 916.654.1018 (FAX)

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

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

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

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

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

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

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

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

The existing law obligates the Secretary to investi-gate and determine the feasibility of controlling or erad-icating pests of limited distribution but establishes dis-


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cretion with regard to the establishment and mainte-nance of regulations to achieve this goal. This amend-ment provides the necessary regulatory authority to pre-vent the artificial spread of a serious insect pest, whichis a mandated statutory goal.

The amendment of this regulation benefits the citrusindustries (nurseries, fruit growers, wholesalers, retail-ers, exporters) and the environment by having a quaran-tine program to prevent the artificial spread of ACPover long distances. Almost all of the commercial citrusfruit and nursery stock production is located outside thisproposed quarantine area boundary.

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

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

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

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

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

The Department has considered any other possiblerelated regulations in this area, and we find that theseare the only regulations dealing in this subject area, andthat this is the only State agency that can implementplant quarantines. As required by Government CodeSection 11346.5(a)(3)(D), the Department has conduct-ed an evaluation of this regulation and has determinedthat it is not inconsistent or incompatible with existingstate regulations.

AMENDED TEXT

The emergency rulemaking action expanded thequarantine area for ACP in Merced County by approxi-mately 42 square miles in the Winton area and 131square miles in the Los Banos area. The effect of theamendment of this regulation is to provide authority forthe State to perform quarantine activities against ACPwithin this additional area. The total area that would beunder regulation is now approximately 55,820 squaremiles.

DISCLOSURES REGARDING THEPROPOSED ACTION

The Department has made the following initialdeterminations:

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

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

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

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

Cost impacts on a representative private person orbusiness: Most businesses will not be affected. Thereare zero citrus production nurseries in the affected areathat will be impacted. There are two retail nurseries inthe affected area. There are zero citrus growers in theproposed area. There is no additional cost to growerswho take their fruit to a packinghouse inside the currentquarantine area. Growers choosing a packinghouse out-side the quarantine area have three options: 1. Conductpre−harvest treatments with an approved pesticidewhile fruit is still on the trees; 2. Field−clean the fruit toremove leaves and stems during harvest; 3. Send thefruit to a packinghouse within the quarantine area to becleaned. Pre−harvest treatments cost growers approxi-mately $60 per acre, and the fruit is required to be cov-ered with a tarp while in transit. Tarps range in pricefrom $2,500−$3,000 apiece. Field−cleaning the fruitwill cost the grower approximately $150−$320 per acredepending on the citrus variety. Field−cleaned fruitdoes not require a tarp for transport and can be movedwithin or from the quarantined area. Cleaning at a pack-


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inghouse within the quarantine area will cost the growerapproximately $300−$400 per acre, and the fruit mustremain within the quarantine area, although the loads donot need to be covered with a tarp. There are zero citruspackinghouses located within this quarantine area.

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

Small Business Determination

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

Significant effect on housing costs: None.

Results of the Economic Impact Analysis

Amendment of these regulations will not:(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existingbusinesses within California; or

(3) Affect the expansion of businesses currently doingbusiness within California.

The Department is not aware of any specific benefitsthe amendment of this regulation will have on workersafety or the health of California residents. The Depart-ment believes the amendment of this regulation benefitsthe welfare of California residents by protecting theeconomic health of the entire citrus industry. In 2010the estimated value was $2.1 billion for citrus fruit and$28.5 million for citrus nursery stock without all the up-stream buyers and downstream retailers included (Ref-erence: John Gilstrap of California Citrus NurseryBoard for citrus nursery stock value and USDA−National Agricultural Statistics Service 2010 data forcitrus fruit). This is a needed source of revenue for theState’s economic health and this amendment will helpprotect this source of revenue.

ALTERNATIVES CONSIDERED

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

AUTHORITY

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

REFERENCE

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

CONTACT

The agency officer to whom written comments andinquiries about the initial statement of reasons, pro-posed actions, location of the rulemaking files, and re-quest for a public hearing may be directed is: SaraKhalid, Department of Food and Agriculture, PlantHealth and Pest Prevention Services, 1220 N Street,Room 210, Sacramento, California 95814, (916)654−1017, FAX (916) 654−1018, E−mail:[email protected]. In her absence, you maycontact Laura Petro at (916) 654−1017. Questions re-garding the substance of the proposed regulation shouldbe directed to Sara Khalid.

INTERNET ACCESS

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

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

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

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


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TITLE 5. COMMISSION ON TEACHERCREDENTIALING

Division VIII of Title 5 of the California Code ofRegulations

Proposed Amendments to Title 5 of the CaliforniaCode of Regulations Pertaining to Cost RecoveryFees for Extraordinary Accreditation Activities

NOTICE OF PROPOSED RULEMAKING

The Commission on Teacher Credentialing (Com-mission) proposes to take the regulatory action de-scribed below after considering all comments, objec-tions, and recommendations regarding the proposedaction.

PUBLIC HEARING

A public hearing on the proposed actions will be held:

June 16, 20178:30 a.m.Commission on Teacher Credentialing1900 Capitol Avenue Sacramento, California 95811


Any interested person, or his or her authorized repre-sentative, may submit written comments by fax,through the mail, or by email relevant to the proposedaction. The written comment period closes at 5:00 p.m.May 30, 2017. Comments must be received by that timeor may be submitted at the public hearing. You may faxyour response to (916) 327−3165; write to the Commis-sion on Teacher Credentialing, attn. Kathryn Polster,1900 Capitol Avenue, Sacramento, California 95811;or submit an email to [email protected], or HartBoyd at [email protected].

Any written comments received by the closing of thepublic comment period will be reproduced by the Com-mission’s staff for each member of the Commission as acourtesy to the person submitting the comments andwill be included in the written agenda prepared for andpresented to the full Commission at the hearing.

AUTHORITY AND REFERENCE

Education Code (EC) section 44225 authorizes theCommission to adopt the proposed regulation amend-ments. The proposed regulations implement, interpret,and make specific EC section 44374.5 pertaining to feesrelated to extraordinary accreditation activities.


Summary of Existing Laws and RegulationsThis rulemaking action proposes amendments to sec-

tions 80691 and 80692 of Title 5 of the California Codeof Regulations (CCR) related to cost recovery fees forextraordinary accreditation activities. The initial costrecovery fee regulations went into effect October 30,2013 after Commission approval on September 27,2013 as a result of the addition of EC section 44374.5,which authorized the Commission to develop and im-plement a cost recovery plan for extraordinary accredi-tation activities.

Since the approval of the fee structure in October2013, the Commission has undergone significant workto strengthen and streamline the state’s AccreditationSystem. From December 2013 to June 2014 the Com-mission held discussions with stakeholders on how theAccreditation System could be strengthened andstreamlined. At the June 2014 Commission meeting aconceptual framework for the project was approved. Acall was made, at the August 2014 Commission meet-ing, for applications from educators interested in serv-ing on one of the six Accreditation Advisory Panel taskgroups. The six task groups were convened in Decem-ber 2014 and met several times through June 2015 toprovide the Commission with recommendations onhow to strengthen and streamline the current Accredita-tion System.

In addition to the recommendations provided by theAccreditation Advisory Panel, the Budget Act of 2015(Assembly Bill 93, Chap. 10, Stats. 2015) provided aone−time General Fund appropriation of $3.467 mil-lion, which was allocated to streamline the Commis-sion’s Accreditation System.

As a result of the Accreditation Advisory Panel workand the allocated funds, the Commission has adoptedsignificant changes to the Accreditation System, in-cluding, but not limited to:� Revised Initial Institutional Approval procedure;� Restructured accreditation activities; and� Updated preconditions and common program

standards.The changes to the Accreditation System and adop-

tion of new Accreditation Framework have resulted inthe need to amend sections 80691 and 80692 of Title 5


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of the CCR related to cost recovery fees for extraordi-nary accreditation activities. At the December 2016meeting the Commission approved the proposedchanges to the regulations, as outlined below, and di-rected staff to proceed with the rulemaking process. Theproposed amendments include the two fee changes and

general clean up to align terms with the Commission’srestructured Accreditation System.

Proposed changes to fee structure:

Below is a table of the relevant current activities andfees as well as the proposed changes.

Objectives and Anticipated Benefits of the ProposedRegulations

The objective is to amend the regulations that permitthe Commission to recover costs incurred for extraordi-nary accreditation activities, including Initial Institu-tional Approval and new program reviews. Amendingthe regulations will benefit pupils in California publicschools by ensuring high−quality educators. Addition-ally, the proposed amendments will align the fee struc-ture with the strengthened and streamlined Accredita-tion System and create regulations that will last throughthe continued strengthening and streamlining of pro-gram standards in the future.

The Commission anticipates that the proposedamendments will benefit the welfare of students attend-ing public schools in the State of California by provid-ing the monetary means to perform its statutorily man-dated accreditation duties, thereby ensuring high−quality educator preparation for the instruction of Cali-fornia public school pupils.

The proposed regulations will promote fairness andprevent discrimination by specifying that the cost re-covery fees apply to all institutions offering Commis-sion−approved programs, regardless of agency type.

The proposed regulations will also increase opennessand transparency in government by clarifying the costrecovery fees associated with initial institutional andnew program review and accreditation activities in ex-cess of the regularly scheduled data reports, programassessments, and accreditation site visits. The Commis-sion does not anticipate that the proposed regulationswill result in the protection of public health and safety,worker safety, or the environment, the prevention of so-cial inequity or an increase in openness and transparen-cy in business.

Determination of Inconsistency/Incompatibility withExisting State Regulations

The Commission has determined that the proposedregulation amendments are not inconsistent or incom-patible with existing regulations. There are no other 5CCR sections that specify cost recovery fees for extra-ordinary accreditation activities associated with Com-mission−approved programs.

Documents Incorporated by Reference:

Accreditation Handbook Chapter Three, Institu-tional and Program Approval (rev. March 2017):


539

http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−03.pdf

Accreditation Handbook Chapter Four, The Accredi-tation Cycle (rev. March 2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−04.pdf

Accreditation Handbook Chapter Five, Annual DataSubmission (rev. February 2017):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−05.pdf

Accreditation Handbook Chapter Six, ProgramReview (rev. April 2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−05.pdf

Accreditation Handbook Chapter Eight, Accredita-tion Decisions: Options and Implications (rev. March2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−08.pdf

Accreditation Handbook Chapter Nine, Activitiesduring the Seventh Year of the Accreditation Cycle (rev.March 2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−09.pdf

Accreditation Handbook Chapter Eleven, Board ofInstitutional Review Member Skills and Competencies(rev. April 2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−11.pd

Accreditation Handbook Chapter Fifteen, The Ac-creditation Revisit (rev. March 2016):http://www.ctc.ca.gov/educator−prep/accred−handbook/2016/AH−Chapter−15.pdf

Documents Relied Upon in Preparing Regulations:

Commission Agenda Items

June 2014 Commission Agenda Item 2E:http://www.ctc.ca.gov/commission/agendas/2014−06/2014−06−2E.pdf

October 2014 Commission Agenda Item 3A:http://www.ctc.ca.gov/commission/agendas/2014−10/2014−10−3A.pdf

February 2015 Commission Agenda Item 4D:http://www.ctc.ca.gov/commission/agendas/2015−02/2015−02−4D.pdf

April 2015 Commission Agenda Item 4B:http://www.ctc.ca.gov/commission/agendas/2015−04/2015−04−4B.pdf

June 2015 Commission Agenda Item 5B:http://www.ctc.ca.gov/commission/agendas/2015−06/2015−06−5B.pdf

August 2015 Commission Agenda Item 3C:http://www.ctc.ca.gov/commission/agendas/2015−08/2015−08−3C.pdf

August 2015 Commission Agenda Item 3D:http://www.ctc.ca.gov/commission/agendas/2015−08/2015−08−3D.pdf

October 2015 Commission Agenda Item 2D:http://www.ctc.ca.gov/commission/agendas/2015−10/2015−10−2D.pdf

February 2016 Commission Agenda Item 3B:http://www.ctc.ca.gov/commission/agendas/2016−02/2016−02−3B.pdf

February 2016 Commission Agenda Item 3C:http://www.ctc.ca.gov/commission/agendas/2016−02/2016−02−3C.pdf

December 2016 Commission Agenda Item 3C:http://www.ctc.ca.gov/commission/agendas/2016−12/2016−12−3C.pdf

February 2017 Commission Agenda Item 2C:http://www.ctc.ca.gov/commission/agendas/2017−02/2017−02−2C.pdf

Committee on Accreditation (COA) Agenda Items

January 2016 COA Agenda Item 15:http://www.ctc.ca.gov/educator−prep/coa−agendas/2016−01/2016−01−item−15.pdf




March 2016 COA Agenda Item 9:http://www.ctc.ca.gov/educator−prep/coa−agendas/2016−03/2016−03−item−09.pdf



April 2016 COA Agenda Item 17:http://www.ctc.ca.gov/educator−prep/coa−agendas/2016−04/2016−04−item−17.pdf


April 2016 COA Agenda Item 19: http://www.ctc.ca.gov/educator−prep/coa−agendas/2016−04/2016−04−item−19.pdf



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February 2017 COA Agenda Item 14:http://www.ctc.ca.gov/educator−prep/coa−agendas/2017−02/2017−02−item−14.pdf


Disclosures Regarding the Proposed Actions

The Commission has made the following initial de-terminations:

Costs to any local agency or school districts requir-ing reimbursement pursuant to Gov. Code sec. 17500 etseq: Non Commission−approved Local EducationAgencies (LEAs) that elect to offer a program(s) will berequired to submit fees to cover the cost of Initial Insti-tutional Approval and Initial Program Review (IPR).Currently approved institutions pursuing additionalCommission−approved programs will also be subject toIPR fees. Institutions may avoid all Cost Recovery Feesfor Extraordinary Accreditation Activities (IPR, latefees, etc.) provided new programs are not proposed andaccreditation activity requirements are followed in atimely manner.

Other non−discretionary costs or savings imposedupon local agencies: None.

Cost or savings to any state agency: None.Cost or savings in federal funding to the state: None.Significant effect on housing costs: None.Significant statewide adverse economic impact di-

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

These proposed regulations will not impose a man-date on local agencies or school districts that must be re-imbursed in accordance with Part 7 (commencing withsection 17500) of the Government Code.

Cost impacts on a representative private person orbusiness: Non Commission−approved private/inde-pendent education entities that elect to offer a pro-gram(s) will be required to submit fees to cover the costof Initial Institution Approval and IPR. Currently ap-proved institutions pursuing additional Commission−approved programs will also be subject to IPR fees. In-stitutions may avoid all Cost Recovery Fees for Extra-ordinary Accreditation Activities (IPR, late fees, etc.)provided new programs are not proposed and accredita-tion activity requirements are followed in a timelymanner.

Statement of the Results of the Economic Impact As-sessment [Govt. Code § 11346.5(a)(10)]: The Com-mission concludes that it is (1) unlikely that the propos-al will create any jobs within the State of California; 2)unlikely that the proposal will eliminate any jobs withinthe State of California; 3) unlikely that the proposal willcreate any new businesses within the State of Califor-

nia; 4) unlikely that the proposal will eliminate any ex-isting businesses within the State of California; and 5)unlikely the proposal would cause the expansion ofbusinesses currently doing business within the State ofCalifornia.

Benefits of the Proposed Action: The Commissionanticipates that the proposed amendments will benefitthe welfare of students attending public schools in theState of California by providing the monetary means toperform its statutorily mandated accreditation duties,thereby ensuring high quality educator preparation forthe instruction of California public school pupils.

The Commission anticipates that the proposed regu-lations will result in an increase in openness and trans-parency in government by clarifying the cost recoveryfees associated with initial institutional and new pro-gram review and accreditation activities in excess of theregularly scheduled data reports, program assessments,and accreditation site visits. The Commission does notanticipate that the proposed regulations will result in theprotection of public health and safety, worker safety, orthe environment, the prevention of social inequity, or anincrease in openness and transparency in business.

Effect on Small Business: The proposed regulationswill not have a significant adverse economic impactupon small business. The proposed regulations applyonly to institutions electing to offer Commission−approved and accredited educator programs or existingCommission−approved educational entities that havenot met the requirements of the Accreditation System.

CONSIDERATION OF ALTERNATIVES

In accordance with Government Code section11346.5, subdivision (a)(13), the Commission must de-termine that no reasonable alternative considered by theagency or that has otherwise been identified andbrought to the attention of the agency would be more ef-fective in carrying out the purpose for which the actionis proposed. In addition, the Commission must also de-termine that no reasonable alternative would be as ef-fective as and less burdensome to affected private per-sons than the proposed actions, 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. The Commission invites interested personsto present statements or arguments with respect to alter-natives to the proposed regulations during the writtencomment period or at the public hearing.

CONTACT PERSON/FURTHER INFORMATION

General or substantive inquiries concerning the pro-posed action may be directed to Kathryn Polster by tele-


541

phone at (916) 445−0229, by mail at Commission onTeacher Credentialing, 1900 Capitol Avenue, Sacra-mento, CA 95811, or by email to Kathryn [email protected] or Hart Boyd [email protected] question inquiries may also be directed to theaddresses mentioned above. Upon request, a copy of theexpress terms of the proposed action and a copy of theInitial Statement of Reasons will be made available.This information is also available on the Commission’swebsite at http://www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this pro-posal is based is available for inspection and copying.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS,

The entire rulemaking file is available for inspectionand copying throughout the rulemaking process at theCommission office at the above address. As of the datethis notice is published in the Notice Register, the rule-making file consists of the Notice of Proposed Rule-making, the proposed text of regulations, the InitialStatement of Reasons, and an economic impact assess-ment/analysis contained in the Initial Statement of Rea-sons. Copies may be obtained by contacting KathrynPolster or Hart Boyd at the address or telephone numberprovided above.

MODIFICATION OF PROPOSED ACTION

If the Commission proposes to modify the actionshereby proposed, the modifications (other than non−substantial or solely grammatical modifications) willbe made available for public comment for at least 15days before they are adopted.

AVAILABILITY OF FINAL STATEMENTOF REASONS

The Final Statement of Reasons is submitted to theOffice of Administrative Law as part of the final rule-making package, following the conclusion of the publichearing. Upon its completion, copies of the Final State-ment of Reasons may be obtained by contactingKathryn Polster at (916) 445−0229.

AVAILABILITY OF DOCUMENTS ONTHE INTERNET

Copies of the Notice of Proposed Rulemaking, theInitial Statement of Reasons, and the text of the regula-tions can be accessed through the Commission’s web-site at http://www.ctc.ca.gov/notices/rulemaking.html.

TITLE 5. EDUCATION AUDITAPPEALS PANEL

Audits of K−12 Local Education AgenciesFiscal Year 2017−18

The Education Audit Appeals Panel (EAAP) propos-es to adopt an Audit Guide for Fiscal Year 2017−18 us-ing the existing 2016−17 Guide with changes as de-scribed below, as well as the Guide’s incorporating reg-ulation, after considering all comments, objections, andrecommendations regarding the proposed action.

PUBLIC HEARING

A public hearing regarding this proposal is not cur-rently scheduled. Not later than 15 days prior to theclose of the written comment period, any interested per-son, or his or her authorized representative, may make awritten request for a public hearing pursuant to Govern-ment Code section 11346.8, and a public hearing will beheld. Requests for a public hearing should be addressedto Mary Kelly.


Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action. The written comment peri-od closes at 5:00 p.m. on Tuesday, May 30, 2017.EAAP will consider only written comments received bythat time. Written comments for EAAP’s considerationshould be directed to:

Mary KellyEducation Audit Appeals Panel770 L Street, Suite 1100 Sacramento, CA 95814 Fax: (916) 445−7626e−mail: [email protected]


Authority cited: Section 14502.1, Education Code.Reference: Sections 14501, 14502.1, 14503, and

41020 of the Education Code.


This rulemaking amends title 5, California Code ofRegulations, section 19810 to clarify the incorporationby reference language and make reference to the audit


542

guide. It also adopts the Audit Guide for 2017−18,which makes clarifying revisions and addresses legisla-tive changes that will affect audits and possibly the con-ditions of apportionment of school funding.

This rulemaking meets the requirements of Educa-tion Code section 14502.1, which mandates that an an-nual audit guide be adopted by the EAAP and the addi-tional laws and Constitutional provisions listed under“Authority cited” below the proposed amended text ofSection 19810 as shown below. The purpose of the auditguide is to define terms and specify procedures to guideaccountants in the conduct of statutorily required finan-cial and compliance audits of K−12 local educationagencies. The Controller, pursuant to Education Codesection 14502.1, has proposed changes from the previ-ous year’s audit guide to be reflected in the 2017−18 au-dit guide. The proposed changes derive from the Con-troller’s proposals and also contain changes designed toclarify audit steps.

EAAP does not anticipate that these proposedamendments would create specific benefits for the pro-tection of public health and safety, worker safety, or theenvironment, the prevention of discrimination, the pro-motion of fairness or social equity, nor the increase inopenness and transparency in business and govern-ment. EAAP has determined that the proposed amend-ments will ultimately benefit the welfare of Californiaresidents by ensuring that local education agencies arein compliance with regulatory requirements. In devel-oping the rulemaking, EAAP evaluated the proposedchanges to regulations and determined that they are notinconsistent or incompatible with existing regulations,state or federal.

A description of proposed changes to section 19810,and a discussion of revisions to the audit guide, follow.

Title 5, Division 1.5Chapter 3. Audits of California K − 12 Local

Education AgenciesArticle 2 Audit Reports

§ 19810. Annual Audit Guides.The “2016−172017−18 Guide for Annual Audits for

K−12 Local Education Agencies and State ComplianceReporting,” (March 1, 2017(July 1, 2017), adopted bythe Education Audit Appeals Panel, is incorporated byreference. The guide provides the audit steps, reportingrequirements, and other guidance, for the required an-nual financial and compliance audits, subject to auditorjudgment where alternative or additional audit stepsmay be appropriate. The annual guide is superseded bya supplemental audit guide, if needed, adopted beforeMarch 1 of each fiscal year. Each annual guide and any

applicable supplement are available on www.eaap.ca.gov/audit−guide, with paper or electronic copies avail-able on request.

Note: Authority cited: Education Code Sections14502.1, 47612; California Constitution, Article XIII,Section 36, subdiv. (e), subpara 7, and Article XIIIA,Section 1, subdiv. (b), subparas 3(C) and 3(D).

Reference: California Constitution, Article XIIIB,Section 1.5; Education Code Sections 8482.3(c)(5),2574(b)(3)(C), 14501, 14502.1, 14503, 15286, 41020,42238.02(b)(3)(B), 47612.5, and 47634.2.

AUDIT GUIDE AMENDMENTS

The proposed annual 2017−18 Audit Guide uses thetext of existing 2016−17 Audit Guide with the follow-ing amendments:

Amendments:� Section T. After School Education and Safety

Program is amended to authorize use of a sampleof daily attendance within each of a sample ofschools in the LEA, and reorganized.

� Section X. Local Control and Accountability Planis amended to update the names for the plan.

Name of document incorporated by reference:2017−18 Guide for Annual Audits of K−12 Local Edu-cation Agencies and State Compliance Reporting (July1, 2017).Disclosures Regarding the Proposed Action:

1. Mandate on local agencies and school districts:None.

2. Cost to any local agency or school district whichmust be reimbursed: None.

3. Cost or savings to any state agency: None.4. Other non−discretionary cost or savings imposed

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

None.6. Significant effect on housing costs: None.7. Significant, statewide adverse economic impact

directly affecting business including the ability ofCalifornia businesses to compete with businessesin other states: None.

8. Results of the Economic Impact Assessment:(a) Adoption of these regulations will not:� create or eliminate jobs within California;� create new businesses or eliminate existing

businesses within California; or� affect the expansion of businesses currently

doing business within California.


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(b) Benefit of the proposed regulation to thehealth and welfare of California residents,worker safety, or the State’s environment andquality of life: As stated under the“Informative Digest/Policy StatementOverview” above, the proposed regulationswill update and improve audit procedures ofK−12 local education agencies, which wouldultimately benefit the welfare of Californiaresidents by ensuring that local educationagencies are in compliance with regulatoryrequirements.

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

10. Business report requirements: None.11. Effect on small businesses: The proposed

regulations will have no effect on small businessesbecause they do not materially alter therequirements for LEA audits.


In accordance with Government Code Section11346.5(a)(13), EAAP must determine that no reason-able alternative it has considered or that has otherwisebeen identified and brought to the EAAP’s attentionwould be more effective in carrying out the purpose forwhich the action is proposed, would be as effective andless burdensome to affected private persons than theproposed action, or would be more cost−effective to af-fected private persons and equally effective in imple-menting the statutory policy or other provision of law.

CONTACT PERSONS

Inquiries concerning the substance of the proposedaction, requests for a copy of the proposed text of theregulations, the Initial Statement of Reasons, the modi-fied text of the regulations, if any, and other technicalinformation upon which the rulemaking is based, andquestions on the proposed administrative action may bedirected to Timothy Morgan, Staff Attorney III, at (916)445−7745 or by e−mail: [email protected], orMary C. Kelly, Executive Officer, at (916) 445−7745.

AVAILABILITY OF RULEMAKING FILE

The entire rulemaking file will be available for in-spection and copying throughout the rulemakingprocess at EAAP’s office at the above address. As of the

date this notice is published in the Notice Register, therulemaking file consists of this notice, the proposed textof the regulations, the initial statement of reasons, andthe Economic Impact Assessment. A copy may be ob-tained by contacting Timothy Morgan at the above ad-dress. The bill analyses are also available online athttp://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml.

AVAILABILITY OF CHANGED ORMODIFIED TEXT

Following the comment period, a hearing, if request-ed, and consideration of all timely and relevant com-ments received, EAAP may adopt the proposed regula-tions substantially as described in this notice. If EAAPmakes modifications that are sufficiently related to theoriginally proposed text, the modified text (withchanges clearly indicated) will be available to the pub-lic for at least 15 days before EAAP adopts the regula-tions as revised. Requests for copies of any modifiedregulations should be sent to the attention of TimothyMorgan at the address stated above. EAAP will acceptwritten comments on the modified regulations for 15days after the date on which they are made available.

AVAILABILITY OF DOCUMENTS ONTHE INTERNET

Copies of the Notice of Proposed Rulemaking, InitialStatement of Reasons, text of the regulations in under-line and strikeout, any changed or modified text, and theFinal Statement of Reasons will be accessible throughthe EAAP website: www.eaap.ca.gov.

TITLE 11. COMMISSION ON PEACEOFFICER STANDARDS AND TRAINING

Amend and Update Commission Regulation 1070Minimum Training Standards for Instructors of

POST−Certified Specialized Training andCommission Regulation 1082 Minimum Content

Requirements for Instructor

Notice is hereby given that the Commission on PeaceOfficer Standards and Training (POST) proposes toamend regulations in Division 2 of Title 11 of the Cali-fornia Code of Regulations as described below in the In-formative Digest. A public hearing is not scheduled.Pursuant to Government Code §11346.8, any interestedperson, or his/her duly authorized representative, mayrequest a public hearing. POST must receive the writtenrequest no later than 15 days prior to the close of thepublic comment period.


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Public Comments Due by May 30, 2017, at 5:00 p.m.Notice is also given that any interested person, or au-

thorized representative, may submit written commentsrelevant to the proposed regulatory action by fax at(916) 227−6932 or by letter to:

Commission on POSTAttn: Cheryl Smith860 Stillwater Road, Suite 100 West Sacramento, CA 95605−1630


This proposal is made pursuant to the authority vest-ed by Penal Code §13503 (authority of Commission onPOST) and Penal Code §13506 (POST authority toadopt regulations). This proposal is intended to inter-pret, implement, and make specific Penal Code§13503(e), which authorizes POST to develop and im-plement programs to increase the effectiveness of lawenforcement, including programs involving trainingand education courses.


Penal Code § 13510 requires that POST developguidelines and a course of instruction and training forlaw enforcement officers who are employed as peaceofficers, or who are not yet employed as a peace officerbut are enrolled in a training academy for law enforce-ment officers.

The California Emergency Medical Services Author-ity (EMSA), which established First Aid/CPR trainingstandards for public safety personnel, has approved re-visions to the California Code of Regulations, Division9, Title 22, Chapter 1.5 First Aid Standards for PublicSafety Personnel, that significantly increase the level ofskills to be taught to peace officers.

POST has collaborated with EMSA to revise the cur-riculum to meet the new standards and is developingnew curriculum for courses to address the changes. Theproposed regulations provide for a 24−month imple-mentation period for POST to revise its curricula, andchange related Commission regulations for agencies toimplement the training requirements. Further, the newstandards require POST development of revised in-structor qualifications, certification requirements, andcontent of instructor courses.

The benefits anticipated by the proposed amend-ments to the regulations will be to update the POST−Certified Instructor course and content, which will in-crease the effectiveness of law enforcement standards

for peace officers in preserving peace, protection ofpublic health and safety, and welfare of California.

During the process of developing these regulationsand amendments, POST has conducted a search of anysimilar regulations on this topic and has concluded thatthese regulations are neither inconsistent nor incompat-ible with existing state regulations.

All changes to curriculum begin with recommenda-tions from law enforcement practitioners or in somecases via legislative mandates. POST then facilitatesmeetings attended by curriculum advisors and subjectmatter experts who provide recommended changes toexisting curriculum. The completed work of all com-mittees is presented to the POST Commission for finalreview and adoption. Upon adoption of the proposedamendments, academies and course presenters will berequired to teach and test the updated curriculum.

ADOPTION OF PROPOSED REGULATIONS

Following the public comment period, the Commis-sion may adopt the proposal substantially as set forthwithout further notice, or may modify the proposal ifsuch modifications remain sufficiently related to thetext as described in the Informative Digest. If the Com-mission makes changes to the language before the dateof adoption, the text of any modified language, clearlyindicated, will be made available at least 15 days beforeadoption to all persons whose comments were receivedby POST during the public comment period and to allpersons who request notification from POST of theavailability of such changes. A request for the modifiedtext should be addressed to the agency official designat-ed in this notice. The Commission will accept writtencomments on the modified text for 15 days after the datethat the revised text is made available.

ESTIMATE OF ECONOMIC IMPACT

Fiscal Impact on Public Agencies including Costs orSavings to State Agencies or Costs/Savings in FederalFunding to the State: None.

Non−Discretionary Costs/Savings to Local Agen-cies: None.

Local Mandate: None.Costs to any Local Agencies or School Districts for

Which Government Code §§ 17500−17630 require re-imbursement: None.

Significant Statewide Adverse Economic Impact Di-rectly Affecting California Businesses, including SmallBusinesses: The Commission on Peace Officer Stan-dards and Training has made an initial determinationthat the amended regulations will not have a significantstatewide adverse economic impact directly affectingCalifornia business, including the ability of California


545

businesses to compete with businesses in other states.The Commission on Peace Officer Standards and Train-ing has found that the proposed amendments will not af-fect California businesses, including small businesses,because the Commission sets selection and trainingstandards for law enforcement which does not impactCalifornia businesses, including small businesses.

Effect on Housing Costs: The Commission on PeaceOfficer Standards and Training has made an initial de-termination that the proposed regulations would haveno effect on housing costs.

RESULTS OF ECONOMIC IMPACTASSESSMENT PER GOVERNMENT

CODE § 11346.3(b)

The adoption of the proposed amendments of regula-tions will neither create, nor eliminate, jobs in the Stateof California, nor result in the elimination of existingbusinesses or create, or expand, businesses in the Stateof California.

The proposed amendments of regulations will in-crease the effectiveness of law enforcement standardsfor peace officers in preserving peace, protection ofpublic health and safety, and welfare of California.There would be no impact that would affect workersafety or the state’s environment.

COST IMPACT ON REPRESENTATIVE PRIVATEPERSONS OR BUSINESSES

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


To take this action, the Commission must determinethat no reasonable alternative considered by the Com-mission, or otherwise identified and brought to theCommission, would be more effective in carrying outthe purpose for which the action is proposed; or wouldbe as effective and less burdensome to affected privatepersons than the proposed action, or would be morecost−effective to affected private persons and equallyeffective in implementing the statutory policy or otherprovision of law than the proposed action.

CONTACT PERSON

Questions regarding this proposed regulatory actionmay be directed to Cheryl Smith, Commission on

POST, 860 Stillwater Road, Suite 100, West Sacramen-to, CA 95605−1630, at [email protected], or(916) 227−0544. The alternate contact is Mike Barnesat (916) 227−3454. General questions regarding theregulatory process may be directed to Christy Correa at(916) 227−4847, [email protected], or byFAX at (916) 227−5271.

TEXT OF PROPOSAL

Individuals may request copies of the exact languageof the proposed regulations and of the initial statementof reasons, and the information the proposal is basedupon, from the Commission on POST at 860 StillwaterRoad, Suite 100, West Sacramento, CA 95605−1630.These documents are also located on the POST Websiteat: http://www.post.ca.gov/regulatory−actions.aspx.

AVAILABILITY AND LOCATION OF THERULEMAKING FILE AND THE FINAL

STATEMENT OF REASONS

The rulemaking file contains all information uponwhich POST is basing this proposal and is available forpublic inspection by contacting the person(s) namedabove.

To request a copy of the Final Statement of Reasonsonce it has been prepared, submit a written request tothe contact person(s) named above.

TITLE 16. BOARD OF PHARMACY

NOTICE IS HEREBY GIVEN that the Board ofPharmacy is proposing to take the action described inthe Informative Digest. Any person interested maypresent statements or arguments relevant to the actionproposed in writing. Written comments, includingthose sent by mail, facsimile, or e−mail to the addresseslisted under Contact Person in this Notice, must be re-ceived by the Board of Pharmacy at its office not laterthan 5:00 p.m. on May 30, 2017.

The board does not intend to conduct a regulationhearing on this matter, unless requested. Any interestedperson may submit a written request for a public hearingno later than 15 days prior to the close of the writtencomment period.

The Board of Pharmacy, upon its own motion or at theinstance of any interested party, may thereafter adoptthe proposals substantially as described below or maymodify such proposals if such modifications are suffi-ciently related to the original text. With the exception oftechnical or grammatical changes, the full text of anymodified proposal will be available for 15 days prior toits adoption from the person designated in this Notice ascontact person and will be mailed to those persons who


546

submit written or oral testimony related to this proposalor who have requested notification of any changes to theproposal.


Pursuant to the authority vested by section 4005 ofthe Business and Professions Code and to implement,interpret and make specific reference sections 122,163.5, 4005, 4053, 4053.1, 4110, 4112(h), 4120,4128.2, 4129.1, 4129.2, 4196, 4200, 4210, 4400, 4401,and 4403 of the Business and Professions Code, theBoard of Pharmacy is considering changes to Division17 of Title 16 of the California Code of Regulations asdiscussed below.


Business and Professions Code section 4005 general-ly authorizes the board to amend rules and regulationspertaining to the practice of pharmacy and the adminis-tration of Chapter 9, Division 2 of that code.

Business and Professions Code section 122 allowsthe board to charge a fee for the processing and issuanceof a duplicate copy of any certification of licensure orother form evidencing licensure or renewal oflicensure.

Business and Professions Code section 163.5 estab-lishes the criteria to determine the delinquency fee forany licensee within the Department of Consumer Af-fairs.

Business and Professions Code section 4053 estab-lishes the board’s authority to issue a license to a desig-nated representative.

Business and Professions Code section 4196 estab-lishes the board’s authority to issue a temporary licenseto veterinary food−animal drug retailer and specifiesthat the board shall not exceed the annual fee for renew-al of the license.

Business and Professions Code section 4210 estab-lishes the board’s authority to set the fee for the issuanceand renewal of the advanced practice pharmacist li-cense to a fee that shall not exceed three hundreddollars.

Business and Professions Code section 4400 estab-lishes the statutory minimum and maximum fee sched-ule for application, renewal and other fees for additionalboard applicants and licensees. This statute was amend-ed in Senate Bill 1039 (Hill, Chapter 799, Statutes of2016) and the fees will go into effect July 1, 2017.

Business and Professions Code section 4401 speci-fies that a pharmacist who desires to retain his or her li-

cense shall biennially pay to the board the renewal feeestablished by the board.

Business and Professions Code section 4403 speci-fies that the board shall not reissue or renew any licensewithout the payment of fees required, including all feesthat are delinquent at the time the application is made.

Business and Professions Code section 4406 speci-fies that all fees collected on behalf of the board shall becredited to the Pharmacy Board Contingent Fund.

Title 16 of the California Code of Regulations, sec-tion 1749 specifies fee schedules for various applica-tions, renewals, and other fees for board licensees andapplicants. That regulation was last updated July 2014.As noted above, the board’s statutory fee schedulefound at Section 4400 of the Business and ProfessionsCode (statutory minimums and maximums) was recent-ly amended with the new fee schedule to take effect July1, 2017. This proposal is necessary to ensure consisten-cy between the board’s statue and regulation as well asensure the board’s regulated public has a clear under-standing of the fees that will be assessed for various ser-vices provided by the board.

In late 2015, a fee analysis was conducted by the De-partment of Consumer Affairs. This analysis was doneto determine the sustainability of the board’s fund and toensure that the board was collecting sufficient revenueto reimburse the board for the cost of regulating thosewithin the board’s jurisdiction. The DCA recognizedthat the board had a structural imbalance in its budget.The findings of this analysis provided a framework forthe board to reevaluate its fees as a precursor to address-ing the structural imbalance and ensure the financialsolvency of the board. At the new statutory minimumfees included in SB 1039, the board will ensure its rev-enue matches the board’s expenditures to account forincreased costs such as enforcement expenditures in-cluding those incurred for legal services of the Office ofthe Attorney General.

Anticipated Benefits of the Proposed Regulations

The board considered specific benefits anticipated bythe proposed amendment of the section described, in-cluding, to the extent applicable, nonmonetary benefitssuch as the protection of public health and safety, work-er safety, or the environment, the prevention of discrim-ination, the promotion of fairness or social equity, andthe increase in openness and transparency in businessand government, among other things. This proposalwill remove any potential confusion between statuteand regulation and ensure that the Board licensee andthe public have a clear understanding of the feescharged by the Board.


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Consistency and Compatibility With ExistingRegulations

The board conducted a search of the California Codeof Regulations and determined that the proposed regu-lation is neither inconsistent nor incompatible with ex-isting state regulations.

FISCAL IMPACT ESTIMATES

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

It is estimated that the proposed fee increase will re-sult in an increase in board revenues for FY 17/18 by ap-proximately $7.1 million and an increase to ongoing an-nual revenue by approximately $7.3 million.

The board does not anticipate any impact on federalfunding.

This proposal does not impact any government−owned business as by current law, government−ownedpharmacies, hospitals and clinics are exempt from pay-ing licensure and renewal fees to the board.Nondiscretionary Costs/Savings to Local Agencies:

None.Local Mandate:

None.Cost to Any Local Agency or School District for WhichGovernment Code Section 17561 RequiresReimbursement:

None.Business Impact:

The board has made an initial determination that theproposed regulatory action would not have a significantstatewide adverse economic impact directly affectingbusinesses, including the ability of California business-es to compete with businesses in other states. The fol-lowing types of businesses would be affected by thisregulation: pharmacies, drug wholesalers, distributorsof hypodermic needles and syringes, clinics, veterinaryfood−animal drug retailers, and compounders of steriledrug products.Cost Impact on Representative Private Person orBusiness:

The Board of Pharmacy has made an initial determi-nation that proposed regulatory action would changefees for individuals and businesses as detailed belowconsistent with the provisions of SB 1039.

PharmacyRenewal: $325 (current) to $665 annually

Pharmacy TechnicianApplication: $105 (current) to $140

Renewal: $130 (current) to $140 biennialDelinquent Fee: $65 (current) to $70

PharmacistRenewal: $195 (current)/biennial to $360biennial)Delinquent Fee: $97.50 (current) to $150

Hypodermic Needle and SyringeApplication: $165 (current) to $170Renewal: $165 (current)/annually to $200annuallyDelinquent Fee: $82.50 (current) to $100

Designated Representative/DesignatedRepresentative−3PL

Application: $330 (current) to $150Renewal: $195 (current)/annually to $215annuallyDelinquent Fee: $97.50 (current) to $107.50

Pharmacy InternApplication: $115 (current) to $165

Reissuance of a License that has been lost,destroyed or a name changed

$35 (current) to $45 (proposed)Resident Compound Sterile Injectable DrugProducts

Application: $780 (current) to $1645Renewal: $780 (current)/annually to $1325annually

Nonresident Sterile Compounding PharmacyApplication: $780 (current) to $2,380Renewal: $780 (current)/annually to $2,270annually

Designated Representative (Food Animal−DrugRetailer)

Application: $330 (current) to $150Renewal: $195 (current)/annually to $215annuallyDelinquent Fee: $97.50 (current) to $107.50

Veterinary Food−Animal Drug RetailerApplication: $425 (current) to $435Renewal: $325 (current) to $330Delinquent Fee: $125 (current) to $150

Centralized Hospital Packaging PharmacyApplication: $800 (current) to $820Renewal: $800 (current)/annually to $805

Reissuance of a Business License that has beenlost, destroyed or the business name has changed

$35 (current) to $45 (proposed)

Effect on Housing Costs:None.


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RESULTS OF THE ECONOMICIMPACT ANALYSIS

The Board of Pharmacy conducted an Economic Im-pact Analysis (EIA) and has made an initial determina-tion that the proposed regulatory action would not havea significant impact on the creation of jobs or new busi-nesses or the elimination of jobs or existing businesses,or the expansion of businesses in the State of California.

Business and Professions Code section 4005 statesthat the board may adopt rules and regulations . . . . per-taining to the practice of pharmacy . . . .” As specifiedin Business and Professions Code Section 4001.1, pro-tection of the public shall be the highest priority for theCalifornia State Board of Pharmacy in exercising its li-censing, regulatory, and disciplinary functions. Thissection further states that whenever the protection of thepublic is inconsistent with other interests sought to bepromoted, the protection of the public shall be para-mount. To ensure the solvency of and adequate reservefunds, the board regularly monitors its fund condition,and the board secured a fee increase through the legisla-tive process (SB 1039). There was no registered opposi-tion to this measure nor did the board receive any com-ments during public meetings where fee increase wasagendized and discussed publicly that indicate the newfees would have any impact on the creation of jobs ornew business nor result in the elimination of jobs.

Impact on Jobs/Business

The Board of Pharmacy has determined that this reg-ulatory proposal will not have a significant impact onthe creation of jobs or businesses or the elimination ofjobs or existing businesses or the expansion of busi-nesses in the State of California. This determination hasbeen made based upon the absence of public testimonyduring public meetings where this proposal has beendiscussed, most recently during the October 26, 2016Public Board meeting.

EFFECT ON SMALL BUSINESS

The board’s proposal may affect small businesses;however, the board does not have nor does it maintaindata to determine if any of its licensed pharmacies are“small businesses” as defined in Government CodeSection 11342.610. This determination has been madebased upon the absence of public testimony to this ef-fect during public meetings where this proposal hasbeen discussed, most recently during the October 26,2016 Public Board Meeting.

BENEFITS OF THE REGULATIONS

Protection of the public is the Board’s highest priorityin exercising its licensing, regulatory and disciplinaryfunctions. This proposal will remove the conflict be-tween statute and regulation and ensure that Board li-censees and the public have a clear understanding of thefees charged by the Board. Additionally, upon approvalof the proposed regulation, the Board of Pharmacy willbe able to ensure it has sufficient resources to maintaincurrent board operations to meets its consumer protec-tion mandate and to slowly restore the Pharmacy BoardContingent Fund to meet the statutory mandate of a re-serve of one year’s operating expenses.


The Board of Pharmacy must determine that no rea-sonable alternative it considered or that has otherwisebeen identified and brought to its attention would bemore effective in carrying out the purpose for which theaction is proposed or would be as effective as and lessburdensome to affected private persons than the pro-posed action or would be more cost−effective to affect-ed private persons and equally effective in implement-ing the statutory policy or other provision of law.

Any interested person may present written statementsrelevant to the above determinations to the Board ofPharmacy at the address indicated under contactperson.

GENERAL PUBLIC INTEREST

DEPARTMENT OF FISH ANDWILDLIFE

CESA CONSISTENCY DETERMINATIONREQUEST FOR

Big Flat Road at Hurdygurdy Creek BridgeReplacement

2080−2017−004−01Del Norte County

California Department of Fish and Wildlife (CDFW)received a notice April 4, 2017, that the County of DelNorte proposes to rely on a consultation between feder-al agencies to carry out a project that may adversely af-fect a species protected by the California EndangeredSpecies Act (CESA). The proposed project involves re-placing an existing bridge in order improve public safe-ty. The proposed project includes construction of the


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new bridge and removal of the existing bridge. The pro-posed project will occur approximately 3.7 kilometerseast of Big Flat on Big Flat Road over HurdygurdyCreek, more than two miles upstream from the conflu-ence of South Fork Smith River in Del Norte County,California.

The National Marine Fisheries Service (Service) is-sued a federal biological opinion (Service Ref. No.2014−9851) (BO) and incidental take statement (ITS)to the California Department of Transportation on Au-gust 18, 2014, which considered the effects of the pro-posed project on the state threatened and federallythreatened coho salmon (Oncorhynchus kisutch),Southern Oregon−Northern California Coast (SONCC)evolutionary significant unit.

Pursuant to California Fish and Game Code section2080.1, the county of Del Norte is requesting a determi-nation that the BO and associated ITS are consistentwith CESA for purposes of the proposed project. IfCDFW determines the BO and associated ITS are con-sistent with CESA for the proposed project, the countyof Del Norte will not be required to obtain an incidentaltake permit under Fish and Game Code section 2081subdivision (b) for the proposed project.

DEPARTMENT OF PUBLIC HEALTH

TITLE: PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT (PHHSBG)STATE PLAN FOR FEDERAL FISCAL YEAR (FFY) 2017

ACTION: NOTICE OF PUBLIC HEARING FOR THE FFY 2017 STATE PLAN

SUBJECT

The Centers for Disease Control and Prevention hasmade funds available to the California Department ofPublic Health (CDPH) for the development and imple-mentation of programs and activities to decrease themorbidity and mortality that result from preventabledisease and injury. The purpose of this hearing is to dis-cuss and receive comments on the FFY 2017 State Plan,which identifies all program activities to be supportedby these funds during State Fiscal Year 2017−18.

PUBLIC HEARING PROCESS

Notice is hereby given that CDPH will hold a PublicHearing commencing at 1:00 p.m. and ending at 3:00p.m. on Wednesday, April 26, 2017 in Room 74.443(Mozar Conference Room), located at 1616 Capitol Av-

enue, Sacramento, California, at which time any personmay present statements or arguments orally or in writ-ing relevant to the action described in this notice. If youplan to attend the Public Hearing, please bring identifi-cation so you can be admitted into the building by thesecurity guard.

Webinar: Please register for the PHHSBG PublicHearing, scheduled on Wednesday April 26, 2017 from1:00 p.m.−3:00 p.m. at https://attendee.gototraining.com/r/2039769273652608514

After registering you will receive an e−mail confir-mation containing information about joining thewebinar.

The Chronic Disease Control Branch, CDPH, 1616Capitol Avenue, MS 7208, P.O. Box 997377, Sacra-mento, CA., 95899−7377 must receive any writtenstatements or arguments by 5:00 p.m. April 27, 2017which is hereby designated as the close of the writtencomment period. It is requested, but not required, thatwritten statements or arguments be submitted in tripli-cate. Written statements or arguments can be submittedvia e−mail to [email protected] no later than 5:00p.m. April 27, 2017. In any such inquiries, please identi-fy the action by using the Department Control letters“PHHSBG” in the Subject Line.

CONTACT

Inquiries concerning the action described in this no-tice may be directed to Mr. Hector Garcia, PHHSBGCoordinator, at (916) 552−9917 or [email protected]. In any such inquiries, please identify theaction by using the Department Control letters “PHHS-BG” in the Subject Line.

AVAILABILITY OF INFORMATIONFOR REVIEW

The Agenda and the FFY 2017 State Plan will beavailable for review in the CDPH lobby located at 1616Capitol Avenue, Sacramento California from 8:00 a.m.to 5:00 p.m., April 19, 2017 through April 26, 2017.

The documents will also be available on thefollowing website http://www.cdph.ca.gov/programs/cdcb/Pages/CaliforniaPreventiveHealthandHealthServicesBlockGrant(PHHSBG).aspx from 8:00 a.m. to5:00 p.m., April 19, 2017 through April 26, 2017.

In addition the notice will be made available in appro-priate alternative formats, upon request by any personwith a disability as required by Section 202 of theAmericans with Disabilities Act of 1990 (42 U.S.C.Sec. 12132), and the applicable federal rules and regu-lations. Any request for such information must be re-ceived by the CDPH 7 days prior to. April 26, 2017.


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RULEMAKING PETITIONDECISION

AIR RESOURCES BOARD

March 30, 2017

Mr. Christopher Berry Staff AttorneyAnimal Legal Defense Fund 170 East Cotati Avenue Cotati, California 94931

Re: Petition for Rulemaking

Dear Mr. Berry:Thank you for your petition on behalf of the Animal

Legal Defense Fund (ALDF) of October 16, 2014, tothe Air Resources Board (ARB or the Board).1 In yourpetition, you requested that ARB amend two regula-tions to address greenhouse gas (GHG) emissions from“large agricultural animal facilities.”2 Specifically, youproposed amendments to ARB’s “Regulation for theMandatory Reporting of Greenhouse Gas Emissions”(MRR), codified in title 17, California Code of Regula-tions (CCR), sections 95100−95158, and to ARB’s reg-ulation establishing the California Cap on GreenhouseGas Emissions and Market−Based Compliance Mecha-nisms (“Cap−and−Trade Regulation”), codified in title17, CCR, sections 95801−96022. ARB acknowledgedreceipt of the petition on October 24, 2014.3 We appre-ciate that ALDF agreed to toll the deadline for responseto the petition to March 31, 2017, in recognition ofARB’s ongoing work in this important area.4

Specifically, ARB has been developing a comprehen-sive “Short−Lived Climate Pollutant Strategy” (SLCPStrategy), in response to statutory direction containedin SB 605 (Lara, Statutes of 2014) and SB 1383 (Lara,Statutes of 2016). The SLCP Strategy, which has nowbeen approved by the Board, sets out a full strategic ap-proach to address emissions of SLCPs, including meth-ane, the primary GHG emitted from large animal agri-culture sources. Recognizing that the SLCP Strategywas an appropriate venue to address these matters,

1 The petition is available from ARB upon request.2 You defined this term to include beef cattle ranching and farmingfacilities, cattle feedlots, dairy cattle and milk production facili-ties, hog and pig farming facilities, chicken, egg production facili-ties, broilers and other meat−type chicken production facilities,turkey production facilities, poultry hatcheries, and sheep andgoat farming facilities. See ALDF Petition at 21.3 See letter from Mr. Floyd Vergara, Chief, Industrial StrategiesDivision, ARB, to Mr. Christopher Berry, counsel, ALDF, at-tached as Exhibit A.4 See correspondence between Mr. Craig Segall, counsel, ARB,to Mr. Christopher Berry, counsel, ALDF, attached as Exhibit B.

ALDF agreed to postpone the deadline for response tothis petition until after ARB’s consideration of theStrategy. We appreciate that ALDF has described anearlier draft of the Strategy as providing the world with“some good news.”5

As you know, ARB has worked with many stakehold-ers to define a path forward for emissions reductionsfrom animal agriculture, with a focus on the dairy andlivestock operations that are the source of the lion’sshare of GHG emissions from the sector. ARB will be-gin implementing the SLCP Strategy,6 consistent withstatute, to pursue this approach.

Therefore, after careful consideration of your peti-tion, the record of development of the SLCP Strategy,including public participation in that process, and therelevant law, I have reached a decision on your petition,pursuant to Government Code 11340.7.7 The Code pro-vides that ARB “may grant or deny the petition in part,and may grant any other relief or take any other action itmay determine to be warranted by the petition.”8 I amdenying your petition in part, and granting other reliefin part.9 Specifically, I am:(1) Denying your petition in part by declining to

amend MRR or the Cap−and−Trade Regulation inthe manner suggested.

(2) Providing other relief by affirming that ARB willcontinue to implement the SLCP Strategy,including the sections of that Strategy that, whenimplemented via regulations and incentiveprograms, will establish reporting programs andemissions controls for dairy and livestockoperations.

The SLCP Strategy, when implemented, is expectedto reduce by 2030 emissions from dairy and livestockoperations by 26 million metric tons of carbon dioxide

5 ALDF Blog Post, Christopher Berry, California Proposing Reg-ulation and Mandatory Reporting of Greenhouse Gas Emissionsfrom Animal Agriculture (Apr. 27, 2016), attached as Exhibit C.6 The SLCP Strategy and its appendices are attached as ExhibitD to this response.7The Board may delegate any duty it deems appropriate to its Ex-ecutive Officer (Health and Safety Code (HSC), section39515(a)). Moreover, the Board is conclusively presumed to havedelegated any of its powers to the Executive Officer unless it hasexpressly reserved that power to itself (HSC, section 39516). TheBoard has not reserved the power to act on rulemaking petitionsand it is, therefore, appropriate for me to act on this petition pur-suant to my delegated authority. 8 Id.9 Government Code 11340.7 provides that an agency addressinga petition shall “identify the agency, the party submitting the peti-tion, the provisions of the California Code of Regulations request-ed to be affected, reference to authority to take the action request-ed, the reasons supporting the agency determination, an agencycontact person, and the right of interested persons to obtain a copyof the petition from the agency.” This response fulfills thoserequirements.


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equivalent (CO2e) from the status quo in that year. Thisis an approximately 63% reduction from the status quo.The reductions will be supported by a robust incentiveand regulatory program, including reliable reportingprograms for emissions from the industry. The SLCPStrategy sets out a path, consistent with SB 1383 andother controlling law, to accomplish these goals. Whileit does not employ MRR and the Cap−and−Trade Regu-lation for this purpose, it does provide a carefully cali-brated path to address these emissions through a pro-gram tailored to effectively reduce agricultural emis-sions. Accordingly, the SLCP Strategy provides thecore relief the petition seeks — a clear path to reduceemissions from large animal agriculture.Summary of the Petition, the Affected Regulations,and Cited Authority

The ALDF Petition requests amendments to MRRand the Cap−and−Trade Regulation. MRR and Requested Amendments

MRR is authorized and mandated by authorities in-cluding AB 32, the California Global Warming Solu-tions Act (Nunez, Chapter 488, Statutes of 2006, codi-fied at HSC, §§ 38500 et seq.). AB 32 required ARB toadopt regulations “to require the reporting and verifica-tion of statewide greenhouse gas emissions and to mon-itor and enforce compliance” with AB 32.10 This man-date includes requiring “the monitoring and annual re-porting of [GHG] emission sources beginning with thesources or categories of sources that contribute the mostto statewide emissions.”11 Accordingly, MRR requiresannual reporting of GHG emissions from coveredsources in a wide range of source categories that, collec-tively, make up the majority of state GHG emissions,with reporting generally required from source cate-gories above certain emissions levels.12 MRR generallycovers sectors with emissions from stationary combus-tion, industrial sources, fuels, and electricity produc-tion. In addition, for facilities already required to reportGHG emissions to ARB to support the Cap−and−TradeProgram and the statewide GHG inventory, MRR in-cludes reporting for some fugitive emissions fromsources such as oil and gas operations. For entities cov-ered by the Cap−and−Trade Regulation, MRR requiresrobust quantification methods and highly accurate re-porting, generally to within a five percent (5%) accura-cy tolerance.13

10 HSC, section 38530.11 Id., section 38530(b)(1).12 See 17 CCR sections 95101 (listing covered categories).13 See 17 CCR section 95103(k).

The ALDF petition requests that ARB extend MRRapplicability to “large agricultural animal facilities”whose emissions are equal to or greater than 10,000metric tons CO2e.14 The amendments requested by thepetition would require reporting of CH4 and N2O emis-sions from these facilities.15 Emissions reporting underthe petition’s approach would be conducted in accor-dance with Tier 2 or Tier 3 methods as established by theIntergovernmental Panel on Climate Change (IPCC).16

ALDF supplied sample reporting regulations that itcharacterized as consistent with these methodologies.Cap−and−Trade Regulation and RequestedAmendments

The Cap−and−Trade Regulation is also authorized byAB 32.17 It establishes a market−based mechanism toreduce emissions from a class of large covered industri-al facilities, electricity suppliers, and fuel suppliers thatcollectively emit the majority of California GHG emis-sions.18 The Cap−and−Trade Regulation is designed toensure that the collective emissions of these entities arereduced to ensure that California meets its GHG tar-gets.19 Because it is a market−based program, emis-sions from covered entities must, as noted above, be re-ported to a high degree of accuracy to ensure consisten-cy across covered entities (regardless of the type of enti-ty) with respect to their covered emissions and compli-ance obligations, and to ensure equivalency and envi-ronmental integrity for any resulting trading of compli-ance instruments available under the program.

The ALDF petition requests that ARB amend theCap−and−Trade Regulation to include “large agricul-tural animal facilities.”20 Pursuant to the petition, thesefacilities would be required to participate in the Cap−and−Trade Program if their emissions were over 25,000metric tons CO2e annually.21 Participation would beginin the Program’s third compliance period, the period be-tween January 1, 2018, and December 31, 2020.22

Cited Rationale and AuthorityThe petition contends that these amendments are

warranted because animal agriculture is a large sourceof GHG emissions.23 It contends that “[a]lthough ani-mal agriculture is a major contributor of GHG emis-sions,” ARB has exempted emissions from this industry

14 ALDF Petition at 21.15 1d. at 22. 16 1d. at 23.17 See, e.g., HSC, sections 38551, 38560, 38562, 38570.18 See 17 CCR sections 95801 (purpose), 95811 (covered enti-ties).19 See 17 CCR 95841 (emissions budgets), 95850 (general com-pliance requirements).20ALDF Petition at 37.21 Id. at 38.22 Id. at 39.23 See, e.g., id. at 1−2, 9−10.


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from MRR and the Cap−and−Trade Regulation.24 It ar-gues that ARB’s present efforts are insufficient, and thatvoluntary programs will not suffice.25 The petition ar-gues that more rigorous regulation will advance thegoals of AB 32, and the Scoping Plans developed in re-sponse,26 along with greenhouse gas reduction targetsdirected by Executive Order S−3−05 and SLCP reduc-tion goals set in motion by SB 605.27 ALDF maintainsthat cost−effective emissions reporting and reductionprograms are possible and highly desirable, includingthe use of biogas systems that “would not only reduceemissions from animal agriculture, but would also re-duce emissions from electricity and fuel generation asan added benefit.” 28

As authority for the proposed amendments, ALDFcites AB 32 (specifically HSC, sections 38501, 38551,38561, and 38562), Executive Order S−3−05, and theentirety of SB 605 (which is codified as HSC, section39730).ARB’s Determination and Rationale

As I have explained above, I am (1) denying your pe-tition in part by declining to amend. MRR or the Cap−and−Trade Regulation in the manner suggested and, (2)providing other relief by affirming that ARB will con-tinue to implement the SLCP Strategy, including thesections of that Strategy that, when implemented viaregulations and incentive programs, will establish re-porting programs and emissions controls for dairy andlivestock operations. In addition to the discussionabove, this decision is based on the following rationale.Rationale for Denying the Petition in Part

ARB agrees with ALDF that emissions from animalagriculture — and specifically from the dairy and live-stock sectors29 — are substantial. However, ARB’sanalysis of available options, as informed by the devel-opment of the SLCP Strategy, indicates that the path-way to achieving these reductions does not warrantamending MRR or the Cap−and−Trade Regulation atthis time.Rationale with Regard to MRR Amendments

Throughout the development of MRR, ARB staffconsidered the appropriateness of including fugitiveemission sources, including from agricultural sources.Although ARB does require the reporting of certain

24 1d. at 2.25 Id. at 10.26 Id. at 11.27 Id. at 13−14.28 Id. at 13.29 With regard to agricultural sectors not covered by the SLCPStrategy, ARB is declining the petition because emissions fromthem do not constitute a large enough share of overall statewideGHG emissions to warrant controls at this time, in considerationof the diversity of these sources and the difficulty of designingcontrol programs for them, as compared to other priorities.

fugitive emissions from sectors covered by the Cap−and−Trade Regulation, ARB also determined that theseemissions generally cannot be measured according tothe accuracy requirements for emissions covered byCap−and−Trade, which is the thrust of the petition’srecommended control strategy.

As ARB indicated during the development of MRRamendments to support the Cap−and−Trade Regula-tion, for inclusion in MRR, it is important that accuratequantification methodologies are available so that con-sistent carbon costs can be applied if regulation is ex-tended into the Cap−and−Trade Program,30 and that thesources accord with those covered by federal reportingprograms.31 Most fugitive emissions32 (a category intowhich methane emissions, including animal agricultureemissions, generally fall) do not meet these criteria.33

They are frequently difficult to measure and measure-ments have high uncertainties;34 measurement methodsare often expensive, labor intensive, and imprecise;35

and carbon costs (to the degree market programs are todepend upon this information) are hard to reliably as-sign.36 These hurdles have not yet been fully addressedvia the comprehensive research and public process thatwill be needed to develop emissions regulations ade-quate for use in the California agricultural sector.

30 California Air Resources Board (2011) California’s Cap−and−Trade Program Final Statement of Reasons, Response to Com-ment E−31, at pg. 425. available at http://www.arb.ca.gov/regact/2010/capandtrade10/fsor.pdf.31 Id., Response to Comment E−69, at pg. 448. available athttp://www.arb.ca.gov/regact/2010/capandtrade10/fsor.pdf.32Fugitives from certain oil and gas sources are an exception be-cause they are unusually possible to quantify with rigor.33ARB’s responses to comments in the 2011 Final Statement ofReasons for the Regulation and Western Climate Initiative designdocumentation provide detailed rationale for the treatment offugitive emissions in specific sectors. For example, the quantifi-cation methods that are often used to quantify fugitive emissions,including calibrated bagging, high volume sampling, and a de-fault emissions factor, only provide a snapshot of emissions ratherthan actual measurements of emissions from the source. See alsoWestern Climate Initiative, Inc. (2010) WCI Comments on theProposed Mandatory Reporting of GHG Emissions from Pro-posed Reporting for Oil and Gas Operations (Subpart W), at pg.44. available at http://www.westernclimateinitiative.org/document−archives/func−download/258/chk.ab6041717dc1be9cd3430f4f7585cb8e/no_html.1/ . 34Western Climate Initiative, Inc. (2010) WCI Comments on theProposed Mandatory Reporting of GHG Emissions from Pro-posed Reporting for Oil and Gas Operations (Subpart W) at pg.39. available at http://www.westernclimateinitiative.org/document−archives/func−downloadd/258/chk.ab6041717dc1be9cd3430f4f7585cb8e/no html.1/. 35California Air Resources Board (2011) California’s Cap−and−Trade Program Final Statement of Reasons, Response to Com-ment E−69, pg. 430 and 448. available at http://www.arb.ca.gov/regact/2010/capandtrade10/fsor.pdf.36 Id., Response to Comment E−31, at pg. 425. available athttp://www.arb.ca.gov/regact/2010/capandtrade10/fsor.pdf.


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ARB appreciates that ALDF has identified initial re-porting methodologies developed by IPCC as a founda-tion for the regulatory amendments it proposes. Staffmay explore (as discussed below), whether thesemethodologies, as modified to apply to California facil-ities and produce accurate emissions results, are an ap-propriate foundation for the emissions reductions ef-forts described in the SLCP Strategy. However, sub-stantial additional program development and publicprocess is required before a formal reporting regimencan be established. ARB is committed to developingregulations to address these emissions, but doing so willrequire continued research and development to ensurethat emissions can be properly measured and reduced.

SB 1383 provides a large slate of incentives and regu-latory mechanisms that a reporting program can sup-port.37 Notably, emissions control regulations are not tobe implemented until January 1, 2024,38 but SB 1383makes clear that emissions reporting regulations to sup-port “planning and baseline information” may be im-plemented earlier.36 Specifically, in the SLCP Strategy,ARB explains that its rulemaking process will first fo-cus on developing measures where regulated partiesboth report and maintain records covering the parame-ters that affect GHG emissions at California dairies andother livestock operations.40 This information “will beused to refine inventory quantification, evaluate policyeffectiveness, assess methane reduction progress, andaid in future policy planning and regulatory develop-ment.”41 Thus, though ARB is not amending MRR atthis time, as requested, it is authorized to develop an ap-propriate reporting program to support agriculturalemissions controls and will do so as appropriate to sup-port the emissions reduction program called for in theSLCP Strategy and SB 1383.

For all of these reasons, ARB therefore declines thisportion of ALDF’s petition.Rationale with Regard to Cap−and−Trade Amendments

ARB declines to amend the Cap−and−Trade Regula-tion as requested for several reasons.

First, and fundamentally, such an extension is not au-thorized at this time with regard to the methane fromdairy and livestock emissions, the primary pollutantsource at issue. SB 1383 provides that ARB “shall notadopt methane emissions reduction regulations control-ling the emissions of methane from dairy operations orlivestock operations to achieve the 2020 and 2030greenhouse gas reduction goals” except as provided by

37 See HSC, section 39730.7(d)−(g).38 HSC, section 39730.7(b)(4). 39 HSC, section 39730.7(h).40 SLCP Strategy at 69.41 Id.

SB 1383.42 The statute sets out a detailed list of consid-erations that ARB must undertake before imposing reg-ulations,43 and stipulates that regulations may not beimplemented until January 1, 2024.”44 At this time, inshort, amending the Cap−and−Trade Regulation to in-clude animal agriculture in the third compliance period,in 2018, is simply not an option.

Second, as discussed regarding the proposed MRRamendments, there is not yet a mechanism available toreliably measure and incorporate animal agricultureemissions, meaning that the program cannot be extend-ed, with sufficient consistency to other covered emis-sions, to these sources. Without consistently robustmeasurement and reporting, it is not appropriate to in-clude these sources within the larger Cap−and−TradeRegulation because reliable compliance from thesesources could not be assured.

Third, adding these sources to the Cap−and−TradeRegulation abruptly in 2018 would require large−scaleadjustments to the Regulation, including adjustments tothe existing emissions cap and program design, becauseemissions from these sources are not now included inthe allowance budgets.

Fourth, precipitately adding these sources to theCap−and−Trade Program would disrupt existing incen-tives for dairy and livestock GHG emissions controls.The Cap−and−Trade Regulation does incentivize, if notrequire, reductions of GHG emissions at dairy and live-stock operations by authorizing carbon offset projects,and this action would have the potential to disrupt theseprojects. These projects must follow a rigorous offsetquantification protocols for dairy and livestock opera-tions, and covered entities may use a limited number ofoffset credits to meet a portion of their compliance obli-gations. Amending the Cap−and−Trade Regulation toimmediately cover dairy and livestock operationswould, perversely, disrupt the ability of offset projectsto be used in the program because sectors covered bythe Cap−and−Trade Regulation are not eligible to gen-erate offset credits. Immediately removing the potentialfor offset credit generation is an outcome the legislatureexplicitly disfavored in SB 1383.45 Although movingtowards direct emissions controls is appropriate overtime, it is important to ensure any transition minimizesdisruptions to existing projects.

Fifth, the Cap−and−Trade Regulation is not an appro-priate tool to require the reduction of emissions fromanimal agriculture, as ALDF requests. The Cap−andTrade Regulation creates a declining aggregate cap onstatewide GHG emissions, not individual emissions re-

42 HSC, section 39730.7(g).43 HSC, section 3930.7(b)(4)(A)−(E). 44 HSC, section 3930.7(b)(4). 45 See HSC, section 39730.7(e).


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duction targets for particular gases or for facilities at theentity or sector level. ARB believes that a statewide,market−based program, like the Cap−and−Trade regu-lation, is a cost−effective way to reduce overall GHGemissions and to ensure the statewide GHG target isachieved. ALDF, however, requests emissions reduc-tions specifically from large agricultural animal facili-ties. Even if the Cap−and−Trade Regulation were ableto include agricultural emissions, it would not guaran-tee reductions of SLCPs, or implementation of controlprojects at particular SLCP sources. Instead, it woulddrive reductions across the California economy. As a re-sult, specific methane reduction targets at these facili-ties might not be achieved. Securing SLCP−specific re-ductions for specific pollutants and sectors therefore re-quires discrete regulations focused on specific pollu-tants and sectors. The SLCP Strategy is better suited toensure reductions, through economic and environmen-

tal incentives such as displacing diesel fuel with biogas,at dairy and livestock operations. The suite of incen-tives and regulatory measures outlined in the SLCPStrategy provide, in contrast, a much more comprehen-sive, focused, route to guaranteeing economic and ef-fective focused reductions within the sector.

For all of these reasons, and based on the extensiveeconomic and environmental analyses set forth in theSLCP Strategy, ARB therefore declines this portion ofALDF’s petition.Rationale for Providing Other Relief

Although ARB is denying the petition in the ways setforth in this letter, ARB agrees that emissions reportingand reductions are very important to achieve from thedairy and livestock sector. The SLCP Strategy sets forthARB’s program, consistent with SB 1383, to achievethese reductions. It is summarized in Table 9 of theStrategy, which is reproduced here:


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For the reasons described in detail in the SLCP Strate-gy, ARB believes these actions will reduce overallemissions from the dairy and livestock sectors by ap-proximately 63% relative to the 2030 status quo, consis-tent with ARB’s direction in AB 32, SB 605, SB 1383,Executive Order S−3−05, and other relevant law. In re-sponse to your petition, ARB is therefore granting alter-nate relief by adopting and implementing the SLCPStrategy.Conclusion

Based on the foregoing analysis, I find that your peti-tion has not demonstrated that the requested amend-ments are warranted. However, I do find that your peti-tion, and the evidence therein, supports ARB’s determi-nation to move forward with the SLCP Strategy. I there-fore deny the petition in part and grant the petition inpart, as set out in this letter.

The record upon which this decision is based includesthe Petition and its exhibits, this letter, the materials ref-erenced herein, and all of its attachments.

In accordance with Government Code section11340.7(d), a copy of this letter is being transmitted tothe Office of Administrative Law for publication in theCalifornia Regulatory Notice Register. The agencycontact person in this matter is Craig Segall, AssistantChief Counsel, available at (916) 323−9609 [email protected]. Interested parties may obtaina copy of the petition from Tracy Jensen, ARB Office ofLegal Affairs, 1001 I Street, P.O. Box 2815, Sacramen-to, California 95812, available at (916) 322−4011 [email protected],/s/Richard W. CoreyExecutive Officer

CC:

Edie Chang, EOEllen Peter, Legal OfficeCraig Segall, Legal OfficeFloyd Vergara, Industrial Strategies DivisionAttachments:

Attachment A: Letter from Mr. Floyd Vergara, Chief,Industrial Strategies Division, ARB, to Mr. ChristopherBerry, counsel, ALDF (October 24, 2014);

Attachment B: Correspondence between Mr. CraigSegall, counsel, ARB, to Mr. Christopher Berry, coun-sel, ALOE (2014−2017);

Attachment C: ALDF Blog Post, Christopher Berry,California Proposing Regulation and Mandatory Re-porting of Greenhouse Gas Emissions from AnimalAgriculture. (April 27, 2016);

Attachment D: ARB, Short−Lived Climate PollutantReduction Strategy (March 2017), and all appendices.

DISAPPROVAL DECISION

DECISION OF DISAPPROVAL OFREGULATORY ACTION

Printed below is the summary of an Office of Admin-istrative Law disapproval decision. The full text of thedisapproval decision is available at www.oal.ca.gov un-der the “Publications” tab. You may also request a copyof a decision by contacting the Office of AdministrativeLaw, 300 Capitol Mall, Suite 1250, Sacramento, CA95814−4339, (916) 323−6225 — FAX (916) 323−6826.Please request by OAL file number.

DEPARTMENT OF ALCOHOLICBEVERAGE CONTROL

State of CaliforniaOffice of Administrative Law

In re:Department of Alcoholic Beverage Control

Regulatory Action:

Title 04, California Code of Regulations

Adopt section: 61

DECISION OF DISAPPROVAL OF REGULATORY ACTION

Government Code Section 11349.3

OAL Matter Number: 2017−0213−01

OAL Matter Type: Regular (S)

SUMMARY OF REGULATORY ACTION

This rulemaking action by the Department of Alco-holic Beverage Control (Department) proposes to addsection 61 to title 4 of the California Code of Regula-tions (CCR). The purpose of this action is to establish aprocess for protesting the issuance of an alcoholic bev-erage license. In addition to section 61, the Departmentproposes to adopt two forms: ABC−510−A, “ProtestAgainst Alcoholic Beverage License Application” (rev.Jan. 2016), and ABC−510, “Information Regarding Al-coholic Beverage License Applications and Protests”(rev. Jan. 2016).

DECISION

On February 13, 2017, the Department submitted theabove−referenced regulatory action to the Office of Ad-


556

ministrative Law (OAL) for review. On March 28,2017, OAL notified the Department of the disapprovalof this regulatory action. The reasons for the disap-proval were failure to comply with the “necessity” and“clarity” standards of Government Code section11349.1 and failure to follow all required proceduresunder the California Administrative Procedure Act(APA). This Decision of Disapproval of Regulatory Ac-tion explains the reasons for OAL’s action.

CONCLUSION

For the reasons set forth above, OAL disapprovedthis regulatory action. Pursuant to Government Codesection 11349.4, subdivision (a), the Department mayresubmit this rulemaking action within 120 days of itsreceipt of this Decision of Disapproval. A copy of thisdisapproval decision will be e−mailed to the Depart-ment contact person on the date this decision is signedas specified below.

Any changes made to the regulation text to addressthe clarity issues discussed above must be made avail-able for at least 15 days for public comment pursuant toGovernment Code section 11346.8 and section 44 of ti-tle 1 of the CCR. Additionally, any supplement to theISR or other document the Department may create orotherwise propose to add to the record in order to ad-dress the necessity and procedural issues discussedabove must be made available for at least 15 days forpublic comment pursuant to Government Code section11347.1.

If you have any questions, please contact me at (916)323−6225.Date: April 4, 2017

Eric PartingtonSenior Attorney

For: Debra M. CornezDirector

Original: Ramona Prieto Copy: LaKenya Jordan

SUMMARY OF REGULATORYACTIONS

REGULATIONS FILED WITHSECRETARY OF STATE

This Summary of Regulatory Actions lists regula-tions filed with the Secretary of State on the dates indi-cated. Copies of the regulations may be obtained bycontacting the agency or from the Secretary of State,

Archives, 1020 O Street, Sacramento, CA 95814, (916)653−7715. Please have the agency name and the datefiled (see below) when making a request.

File# 2017−0221−04BUREAU FOR PRIVATE POSTSECONDARYEDUCATIONPrioritization of Complaints and ComplianceInvestigations

The Bureau for Private Postsecondary Education/De-partment of Consumer Affairs (Bureau) is adopting onesection and amending two sections in title 5 of the Cali-fornia Code of Regulations in response to SB 1247,Chapter 840, Statutes of 2014. Pursuant to statute theBureau must consider various characteristics of institu-tions when planning inspections and investigations.This rulemaking incorporates the statutory risk factorsas well as others not in statute in a regulation which ex-plains how the Bureau will determine the priority andnumber of total announced and unannounced inspec-tions of institutions. The statute also changed the time-frame for announced and unannounced inspectionsfrom every two years to every five years. This rulemak-ing also clarifies that the results of inspections will bepublished on a specific page of the Bureau’s website.The Bureau is also adding a requirement that institu-tions post required notices to students regarding an-nounced compliance inspections in all the languages inwhich the institution is approved to teach courses. Fi-nally, this rulemaking will establish which categories ofconsumer complaints that the Bureau will handle on apriority basis. Some of the high−priority complaints areoutlined in statute, but the Bureau establishes otherhigh−priority complaints in regulation.

Title 5ADOPT: 75300 AMEND: 75200, 75210Filed 04/05/2017Effective 07/01/2017Agency Contact: Kent Gray (916) 246−3907

File# 2017−0314−01DEPARTMENT OF CORRECTIONS ANDREHABILITATION Medication Assisted Treatment for Substance AbuseDisorders

This action by the Department of Corrections and Re-habilitation adopts section 3999.22 as a pilot programon medication assisted treatment for substance abusedisorders. This filing is exempt from Chapter 3.5 of Part1 of Division 3 of Title 2 of the Government Code pur-suant to Penal Code section 5058.1 and is not subject toreview by the Office of Administrative Law. This actionis effective on filing with the Secretary of State pursuantto Penal Code section 5058.1 and remains in effect forthree years pursuant to Penal Code section 2694.5.


557

Title 15ADOPT: 3999.22Filed 04/03/2017Effective 04/03/2017Agency Contact: Lara Saich (916) 691−3704

File# 2017−0221−01DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine

This certificate of compliance by the Department ofFood and Agriculture makes permanent the prior emer-gency action (OAL file no. 2016−0819−03E) that ex-panded the quarantine area for the Asian Citrus Psyllid(ACP) (Diaphorina citri) by approximately 217 squaremiles in San Joaquin County. The effect of this currentaction will be to provide permanent authority for theState to perform quarantine activities against ACPwithin this additional area, along with the existing regu-lated areas in the state that are already under quarantinefor ACP.

Title 3AMEND: 3435(b)Filed 03/30/2017Agency Contact: Sara Khalid (916) 403−6625


This certificate of compliance by the Department ofFood and Agriculture makes permanent the prior emer-gency action (OAL matter no. 2016−0823−01E) thatexpanded the quarantine area for the Asian Citrus Psyl-lid (ACP), Diaphorina citri, by approximately 29square miles in the San Jose area of Santa Clara County.The effect of this permanent action will be to provideauthority for the state to perform quarantine activitiesagainst ACP within this additional area.



This certificate of compliance by the Department ofFood and Agriculture makes permanent the prior emer-gency action (OAL file no. 2016−0823−02E) that ex-panded the quarantine area for the Asian Citrus Psyllid(ACP) (Diaphorina citri) by approximately 115 squaremiles in San Luis Obispo County. The effect of this cur-rent action will be to provide permanent authority forthe State to perform quarantine activities against ACP

within this additional area, along with the existing regu-lated areas in the state that are already under quarantinefor ACP.


File# 2017−0322−02DEPARTMENT OF RESOURCES RECYCLINGAND RECOVERYGlass Container Processing Operations

The Department of Resources, Recycling and Recov-ery is readoping the emergency rulemaking(2016−0926−01E) that adopted one section and amend-ed three sections in title 14 of the California Code ofRegulations. This emergency readopt will continue toallow glass processors to receive a streamlined permitinstead of a full solid waste facility permit for their fa-cilities. Currently glass processors in California are re-ceiving enough waste mixed in with the glass they re-ceieve to require a full solid waste facility permit.

Title 14ADOPT: 17403.3.1 AMEND: 17402, 17403.0,17405.0Filed 04/03/2017Effective 04/03/2017Agency Contact: Harllee Branch (916) 341−6056

File# 2017−0324−02DEPARTMENT OF SOCIAL SERVICESCalWORKs Home Visit

In this resubmitted regulatory action, the Departmentamends its Manual of Policies and Procedures (MPP) tomodify sections 40−105, 40−131, and 40−161. Theseamendments allow home visits as a reasonable accom-modation to complete the face−to−face interview re-quirement for CalWORKs applicants who have a men-tal or physical impairment, or other extreme circum-stances, that makes it difficult or impossible to come in-to the county office.

Title MPPAMEND: 40−105, 40−131, 40−161Filed 04/04/2017Effective 04/04/2017Agency Contact:

Kenneth Jennings (916) 651−8862

File# 2017−0217−03SOCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDAirborne Contaminants — Wood Dust and WesternRed Cedar

This rulemaking by the Occupational Safety andHealth Standards Board amends section 5155 in title 8


558

of the California Code of Regulations regarding expo-sure limits for airborne contaminants. The changes re-duce the existing 8−hour time−weighted average per-missible exposure limits for wood dust from all soft andhard woods, the existing 15−minute short term expo-sure limit, and the permissible exposure limit for west-ern red cedar.

Title 8AMEND: 5155Filed 04/04/2017Effective 07/01/2017Agency Contact: Marley Hart (916) 274−5721

File# 2017−0228−02OFFICE OF ENVIRONMENTAL HEALTHHAZARD ASSESSMENTProposition 65 — Ethylene Glycol MADL

In this regular rulemaking, the Office of Environ-mental Health Hazard Assessment is amending section25805 in title 27 of the California Code of Regulationsto establish a Proposition 65 Maximum AllowableDose Level for oral exposure to ethylene glycol of8,700 micrograms per day.

Title 27AMEND: 25805Filed 04/04/2017Effective 07/01/2017Agency Contact:

Esther Barajas−Ochoa (916) 322−2068

CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN November 2, 2016 TOApril 5, 2017

All regulatory actions filed by OAL during this peri-od are listed below by California Code of Regulationstitles, then by date filed with the Secretary of State, withthe Manual of Policies and Procedures changes adoptedby the Department of Social Services listed last. For fur-ther information on a particular file, contact the personlisted in the Summary of Regulatory Actions section ofthe Notice Register published on the first Friday morethan nine days after the date filed.Title 2

03/27/17 ADOPT: 11017.1 AMEND: 1101703/22/17 AMEND: 5800003/21/17 ADOPT: 2299.01, 2299.02, 2299.03,

2299.04, 2299.05, 2299.06, 2299.07,2299.08, 2299.09

03/03/17 ADOPT: 599.829.102/28/17 AMEND: 2270, 2271

02/16/17 ADOPT: 5982001/31/17 ADOPT: 547.60.1 AMEND: 547.6001/30/17 AMEND: 5860001/23/17 ADOPT: 1896.15, 1896.17 AMEND:

1896, 1896.2, 1896.4, 1896.6, 1896.8,1896.10, 1896.12, 1896.14, 1896.16,1896.18, 1896.20, 1896.22, 1896.62,1896.71, 1896.73, 1896.80, 1896.82REPEAL: 1896.83

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

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

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

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

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

Title 304/04/17 AMEND: 3435(b)03/30/17 AMEND: 3435(b)03/30/17 AMEND: 3435(b)03/28/17 AMEND: 3435(b)03/28/17 AMEND: 3406(c), 3591.5(b)03/24/17 AMEND: 3435(b)03/14/17 AMEND: 306103/13/17 ADOPT: 2852.5 AMEND: 2850, 2851,

2852, 2853, 2854, 2855, 285603/07/17 AMEND: 3435(b)03/02/17 AMEND: 3435(b)02/28/17 ADOPT: 307002/27/17 ADOPT: 751, 751.1, 754.3, 754.4, 820.1,

830, 830.1, 830.2, 830.3, 830.4, 831,831.1, 831.2, 831.3, 831.4, 831.5, 837,838, 1302, 1302.1, 1302.2, 1302.3,1302.4 AMEND: 752, 752.1, 752.2,752.3, 752.4, 752.5, 752.6, 753, 753.1,753.2, 754, 754.1, 754.2, 755, 755.1,755.4, 756, 756.1, 758, 820, 820.3, 820.4,


559

820.5, 820.55, 820.6, 820.7 REPEAL:753.3, 755.2, 755.3, 756.2, 756.3, 757,758.1, 820.1, 820.2

02/24/17 AMEND: 3435(b)02/21/17 AMEND: 3435(b)02/16/17 AMEND: 3435(b)02/13/17 AMEND: 3435(b)02/13/17 AMEND: 3435(b)02/06/17 AMEND: 3435(b)02/02/17 AMEND: 3435(b)01/31/17 AMEND: 3435(b)01/30/17 AMEND: 3435(b)01/19/17 AMEND: 3439(b)01/12/17 AMEND: 3435(b)01/10/17 AMEND: 3435(b)01/10/17 AMEND: 3435(b)01/10/17 AMEND: 3435(b)01/09/17 AMEND: 3591.1201/05/17 AMEND: 662501/04/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)01/03/17 AMEND: 3435(b)12/28/16 AMEND: 1380.19, 1408.2, 1408.9,

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

12/22/16 AMEND: 3435(b)12/21/16 AMEND: 3435(d)12/19/16 ADOPT: 1358.612/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 ADOPT: 3591.2712/05/16 AMEND: 3435(b)12/01/16 AMEND: 3435(b)11/22/16 AMEND: 3024.811/17/16 AMEND: 3435(b)11/14/16 AMEND: 3435(b)11/09/16 AMEND: 311/09/16 AMEND: 3435(b)11/08/16 AMEND: 3435(b)11/03/16 AMEND: 3589(a)11/02/16 ADOPT: 3591.2811/02/16 AMEND: 3591.12

Title 403/14/17 ADOPT: 299 AMEND: 297, 30002/28/17 ADOPT: 6000, 6010, 6011, 6012, 6013,

6014, 6020, 6021, 6022, 6023, 6024,6030, 6040, 6041, 6042, 6043, 6050,6051, 6052, 6053, 6060, 6061, 6062

02/15/17 ADOPT: 8078.8, 8078.9, 8078.10,8078.11, 8078.12, 8078.13, 8078.14

02/09/17 AMEND: 10302, 10315, 10317, 10320,10322, 10325, 10326, 10327, 10330,10335, 10337

02/07/17 AMEND: 10031, 10032, 10033, 10035,10036

01/23/17 AMEND: 1581, 184301/09/17 AMEND: 8034, 803501/05/17 ADOPT: 61012/22/16 ADOPT: 8078.15, 8078.16, 8078.17,

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

5000, 5020, 5031, 5033, 5050, 5051,5054, 5062, 5063, 5106, 5144, 5170,5191, 5192, 5194, 5200, 5220, 5230,5240, 5250, 5255, 5258, 5260, 5300,5342, 5350, 5370, 5400, 5450, 5560,5600 REPEAL: 5221

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

10170.18, 10170.19, 10170.20,10170.21, 10170.22, 10170.23

11/22/16 AMEND: 169911/17/16 AMEND: 7113, 7116, 7121, 7051, 7055

Title 504/05/17 ADOPT: 75300 AMEND: 75200, 7521003/14/17 AMEND: 15495 REPEAL: 15497.502/06/17 AMEND: 2200002/02/17 AMEND: 851, 853.5, 853.7, 855, 85601/19/17 AMEND: 1981001/12/17 AMEND: 9517.312/19/16 AMEND: 80048.8, 80413, 8049912/05/16 AMEND: 80015, 80015.1, 8007111/15/16 ADOPT: 11524, 11525 AMEND: 11520,

11521, 11522

Title 804/04/17 AMEND: 515503/27/17 AMEND: 9701, 970203/20/17 AMEND: 430603/14/17 AMEND: 1730402/24/17 ADOPT: 10770.7 AMEND: 1077002/02/17 AMEND: 1013401/30/17 AMEND: 344.3001/19/17 AMEND: 9789.2501/06/17 ADOPT: 9788.1, 9788.2, 9788.3, 9788.412/15/16 AMEND: 9789.30, 9789.31, 9789.32,

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

15203.3, 15203.5, 15203.6, 15203.7,15203.10, 15204, 15205, 15209, 15210,15210.1, 15210.2, 15211.1, 15211.2,15216, 15220, 15220.2, 15230, 15251,15353, 15405, 15422, 15426, 15431.1,


560

15471, 15472, 15475.2, 15475.3, 15476,15479, 15480, 15481, 15482, 15482.1,15482.2, 15483, 15484, 15486, 15486.1,15487, 15491, 15496, 15497

12/08/16 ADOPT: 334212/05/16 AMEND: 3273

Title 903/15/17 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 471702/13/17 ADOPT: 4600, 4601, 4602

Title 1003/22/17 ADOPT: 8300, 8310, 8320, 8330, 8340,

8350, 8360, 8370, 838003/22/17 AMEND: 2218.3003/09/17 AMEND: 2911, 291202/28/17 ADOPT: 8200, 8210, 8220, 823002/21/17 AMEND: 2498.602/21/17 AMEND: 2498.602/21/17 ADOPT: 9000, 9001, 9002, 9003, 9004,

9005, 9006, 900702/16/17 ADOPT: 6408, 6410, 6450, 6452, 6454,

6470, 6472, 6474, 6476, 6478, 6480,6482, 6484, 6486, 6490, 6492, 6494,6496, 6498, 6500, 6502, 6504, 6506,6508, 6510, 6600, 6602, 6604, 6606,6608, 6610, 6612, 6614, 6616, 6618,6620, 6622

02/15/17 AMEND: 2498.4.902/09/17 AMEND: 2498.4.901/02/17 AMEND: 2594, 2594.1, 2594.2, 2594.3,

2594.412/15/16 ADOPT: 373312/12/16 AMEND: 2695.8(e)12/12/16 AMEND: 6658, 6660, 666412/06/16 AMEND: 2318.6, 2353.1, 235411/30/16 ADOPT: 2695.81, 2695.82 AMEND:

2698.9111/29/16 AMEND: 2690, 2690.1, 2690.211/28/16 ADOPT: 646411/21/16 AMEND: 8000, 8030

Title 1102/21/17 AMEND: 108402/01/17 AMEND: 1005, 1007, 100801/27/17 AMEND: 1001, 1005, 1007, 1008, 1009,

1018, 1080, 108301/18/17 ADOPT: 2080, 2081, 2082, 2083, 2084,

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

11/22/16 AMEND: 1005

Title 1201/09/17 ADOPT: 509

Title 1302/22/17 AMEND: 115302/21/17 ADOPT: 26.01, 26.0202/21/17 AMEND: 553.7002/16/17 ADOPT: 15.01 AMEND: 15.0002/02/17 AMEND: 2467, 2467.1, 2467.2, 2467.3,

2467.4, 2467.5, 2467.6, 2467.7, 2467.8,2467.9

01/19/17 AMEND: Article 3.6 Ch. 1 Div. 1 —Heading

01/19/17 AMEND: 170.1201/18/17 AMEND: 115912/21/16 AMEND: 330.4212/06/16 AMEND: 59011/29/16 AMEND: 120.00, 120.0111/29/16 AMEND: 152.00, 155.0411/22/16 AMEND: 123911/03/16 ADOPT: 345.44, 345.45, 345.46, 345.47

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

Title 1404/03/17 ADOPT: 17403.3.1 AMEND: 17402,

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

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

18660.50, 18660.51 AMEND: 18660.5,18660.20

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

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

02/28/17 AMEND: 1.74, 5.05, 5.20, 5.35, 5.40,5.60, 7.00, 7.50, 29.45, 43, 671

02/27/17 ADOPT: 715 AMEND: 70202/17/17 AMEND: 895, 895.1, 898.2, 912.5,

913.4, 914.1, 915.3, 916.2, 916.5, 916.8,916.9, 916.11, 919.2, 919.3, 919.5, 919.9,919.11, 919.12, 921.1, 921.6, 926.3,927.12, 953.9, 959.15, 961.1, 1020,1024.5, 1036.1, 1037.3, 1037.5, 1051,1051.1, 1051.4, 1051.5, 1052.3, 1052.4,1052.5, 1054.3, 1055, 1055.2, 1056,1056.1, 1056.2, 1056.3, 1090.5, 1090.10,1090.17, 1092.16, 1092.18, 1092.27,1100, 1153 REPEAL: 926.21

02/17/17 AMEND: 632


561

02/07/17 ADOPT: 28.47 AMEND: 27.20, 27.25,27.30, 27.35, 27.40, 27.45, 27.50, 28.27,28.49, 28.55

01/23/17 AMEND: 870.15, 870.17, 870.19,870.21

01/03/17 AMEND: 1724.912/27/16 AMEND: 29.1512/22/16 AMEND: 47212/21/16 AMEND: 78212/12/16 AMEND: 2830112/08/16 ADOPT: 782.112/01/16 AMEND: 895.1, 1032.711/29/16 AMEND: 670.511/17/16 AMEND: 670.511/15/16 AMEND: 1104.111/15/16 ADOPT: 13111/10/16 AMEND: 300, 311, 745.511/02/16 AMEND: 1.53, 27.00, 28.65

Title 1504/03/17 ADOPT: 3999.2203/22/17 AMEND: 800603/21/17 ADOPT: 8900 AMEND: 890103/14/17 AMEND: 8004, 8004.303/07/17 AMEND: 3332, 334302/22/17 AMEND: 3173.202/09/17 AMEND: 3000, 3090, 3177, 3323, 3375,

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

01/26/17 ADOPT: 1027.5, 1030, 1058.5, 1122.5,1208.5 AMEND: 1006, 1010, 1024,1027, 1029, 1046, 1050, 1051, 1052,1053, 1054, 1055, 1056, 1057, 1058,1061, 1063, 1070, 1081, 1082, 1083,1125, 1204, 1205, 1206, 1206.5, 1207,1209, 1210, 1217, 1241, 1243, 1247,1270, 1271 REPEAL: 1219

01/03/17 AMEND: 3000, 3054, 3054.1, 3054.2,3054.3, 3054.4, 3054.5

01/03/17 AMEND: 3076.512/29/16 ADOPT: 3359.812/29/16 ADOPT: 1712.4, 1714.4, 1730.4, 1740.4

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

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

11/17/16 AMEND: 810511/14/16 AMEND: 314011/09/16 ADOPT: 8106.1

Title 1603/27/17 AMEND: 1105.203/21/17 AMEND: 1803, 1812, 1813, 1814,

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

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

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

03/02/17 AMEND: 1707.502/23/17 AMEND: 1399.67202/09/17 AMEND: 9.101/31/17 AMEND: 174401/11/17 AMEND: 417201/05/17 AMEND: 136101/04/17 AMEND: 1508.112/21/16 AMEND: 46412/13/16 ADOPT: 1730, 1730.1 AMEND: 1730.2,

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

867, 869.1, 869.5, 870 REPEAL: 81711/09/16 AMEND: 1536, 157111/07/16 AMEND: 42

Title 1703/23/17 AMEND: 9500003/20/17 ADOPT: 59000, 59001, 59002, 59003,

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

01/26/17 AMEND: 1215.1, 1216, 1216.1, 1218,1219, 1219.1, 1219.2, 1220, 1220.1,1220.2, 1220.3, 1220.4, 1221, 1221.1,1221.4, 1221.5, 1222, 1222.1. REPEAL:1215, 1217, 1217.1, 1217.2, 1217.3,1217.4, 1217.5, 1217.6, 1217.7, 1217.8,1218.1, 1218.2, 1219.3, 1221.2, 1221.3,1222.2

01/23/17 ADOPT: 51000, 51001, 51002


562

12/05/16 ADOPT: 100504Title 18

03/17/17 AMEND: 170303/09/17 AMEND: 1532, 1533.1, 1533.2, 1534,

1535, 159801/11/17 ADOPT: 2460, 2461, 246212/22/16 AMEND: 1702.512/08/16 AMEND: 159711/17/16 ADOPT: 19195−1, 19195−2

Title 1903/24/17 ADOPT: 920, 921, 922, 923, 924, 924.1,

924.2, 924.3, 924.4, 924.5, 924.6, 924.7,924.8, 924.9, 924.10, 924.11, 924.12,925, 925.1, 926, 927, 928, 929, 930, 931,932, 933, 934, 935, 936, 937, 938, 939,940, 941, 942, 943, 944, 945, 946, 946.1,947, 948

02/09/17 ADOPT: 2020, 2021, 2030 AMEND:2000

Title 2003/27/17 AMEND: 290903/27/17 AMEND: 1602, 160603/27/17 AMEND: 1606, 160701/05/17 AMEND: 2401, 240211/30/16 AMEND: 97174, 97176 REPEAL:

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

11/28/16 AMEND: 40679Title 21

01/19/17 ADOPT: 1413, 1413.1, 1413.2, 1413.3,1413.4

Title 2203/27/17 AMEND: 5112103/16/17 AMEND: 20100.503/09/17 AMEND: 6480601/11/17 REPEAL: 98000, 98001, 98002, 98003,

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

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

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

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

11/28/16 AMEND: 4067911/22/16 AMEND: 65523, 65529, 65530

Title 22, MPP02/09/17 ADOPT: 85300, 85301, 85302, 85322,

85361, 85365, 85368, 85368.2, 85368.3,85369, 85375, 89900, 89901, 89918,89920, 89922, 89940, 89942, 89964,89965, 89968.1, 89968.2, 89970, 89987,89990AMEND: 80001, 80020, 80022,80028, 80065, 80068, 80070, 80072,80087, 85000, 85068.2

01/18/17 AMEND: 87101, 87464, 87507, 87706Title 23

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

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

02/27/17 ADOPT: 863, 864, 864.5, 865, 86601/30/17 AMEND: 3969.101/03/17 ADOPT: 1066.512/13/16 ADOPT: 3919.1711/22/16 AMEND: 500111/14/16 AMEND: 2200, 2200.1, 2200.2, 2200.5,

2200.6, 2200.7, 2200.8, 2200.911/03/16 ADOPT: 3909.511/03/16 AMEND: 1062, 1064, 106611/02/16 AMEND: 645

Title 2501/23/17 ADOPT: 5535, 5535.5, 5536, 5536.5

Title 2704/04/17 AMEND: 2580503/21/17 AMEND: 2700002/08/17 AMEND: 2700101/27/17 AMEND: 25204(f)01/09/17 AMEND: 25600, 25600.2, 25602,

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

11/30/16 AMEND: 25603.311/14/16 AMEND: 2700111/07/16 AMEND: 27001

Title 2803/21/17 AMEND: 1300.67.24111/28/16 AMEND: 1300.67.005

Title MPP04/04/17 AMEND: 40−105, 40−131, 40−16101/20/17 AMEND: 42−711, 82−81201/06/17 AMEND: 47−201, 47−230, 47−240,

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

22−004, 22−009, 22−045, 22−047,22−049, 22−051, 2−053, 22−054,


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22−055, 22−059, 22−060, 22−061,22−063, 22−065, 22−071, 22−072,22−073, 22−077, 22−078, 22−085

NOTICE OFEDITORIAL CORRECTION

DEPARTMENT OF FOOD ANDAGRICULTURE

In the December 16, 2016 Notice Register 2016,51−Z, under the PROPOSED ACTION ON REGULA-TIONS, one Notice of Proposed Rulemaking concern-ing the Department of Food and Agriculture was incor-rectly published. The correct version of the Notice is be-ing published in this Notice Register, along with a newwritten comment deadline. The Notice of ProposedRulemaking was mailed to all interested parties on De-cember 14, 2016. We regret the error and apologize forany inconvenience.


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