time- dated material - california 16, 2017 · conflict−of−interest code — notice file no....

APRIL 21, 2017REGISTER 2017, NO. 16−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 REGULATIONSTITLE 2. DEPARTMENT OF FINANCEConflict−of−Interest Code — Notice File No. Z2017−0405−01 565. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict−of−Interest Code — Notice File No. Z2017−0411−05 565. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .AmendmentState Agency: Department of JusticeMulti−County: Antelope Valley−East Kern Water Agency

TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEMPensionable Compensation Regulatory Action — Notice File No. Z2017−0407−01 566. . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 5. SUPERINTENDENT OF PUBLIC INSTRUCTIONEESD Confidentiality of Records — Notice File No. Z2017−0411−03 569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 15. BOARD OF STATE AND COMMUNITY CORRECTIONSConstruction Financing Program — Notice File No. Z2017−0406−01 572. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 17. CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINEGrants Administration Policy (GAP) Amendments — Clinical Projects — Notice File No. Z2017−0411−02 575. . . . . .

TITLE 18. FRANCHISE TAX BOARDSpace Transportation Activities — Notice File No. Z2017−0411−04 579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 25. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTAB 587 Fee and Tax Waiver Program — Notice File No. Z2017−0410−02 582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTERESTDEPARTMENT OF PUBLIC HEALTHPreventive Health and Health Services Block Grant (PHHSBG) State Plan for Federal Fiscal Year (FFY) 2017 — Notice of Advisory Committee Meeting for the FFY 2017 State Plan 587. . . . . . . . . . . . . . . . . . . .

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.

RULEMAKING PETITION DECISION

DEPARTMENT OF WATER RESOURCESNotice of Decision on Petition from Stephen Wells Concerning Rulemaking to Regulate the Unreasonable Use of Water by Animal Agriculture 588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OAL REGULATORY DETERMINATION

DEPARTMENT OF CORRECTIONS AND REHABILITATION2017 OAL Determination No. 1(S) Summary DispositionCalifornia Department of Corrections and Rehabilitation’s Strategic Offender Management System 590. . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, November 9, 2016 to April 12, 2017 593. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 16-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. DEPARTMENT OF FINANCE

NOTICE OF INTENTION TO AMEND THECONFLICT−OF−INTEREST CODE

NOTICE IS HEREBY GIVEN that the Departmentof Finance, pursuant to the authority vested in it by sec-tion 87306 of the Government Code, proposes amend-ment to its conflict−of−interest code. A comment peri-od has been established commencing on April 21, 2017and closing on June 5, 2017. All inquiries should be di-rected to the contact listed below.

The Department of Finance proposes to amend itsconflict−of−interest code to include employee positionsthat involve the making or participation in the makingof decisions that may foreseeably have a material effecton any financial interest, as set forth in subdivision (a)of section 87302 of the Government Code. The amend-ment carries out the purposes of the law and no other al-ternative would do so and be less burdensome to affect-ed persons.

Changes to the conflict−of−interest code include:changes to unit names, addition and deletion of desig-nated positions, and other technical changes.

The proposed amendment and explanation of the rea-sons can be obtained from the agency’s contact.

Any interested person may submit written commentsrelating to the proposed amendment by submitting themno later than June 5, 2017, or at the conclusion of thepublic hearing, if requested, whichever comes later. Atthis time, no public hearing is scheduled. A person mayrequest a hearing no later than May 19, 2017.

The Department of Finance has determined that theproposed amendments:1. Impose no mandate on local agencies or school

districts.2. Impose no costs or savings on any state agency.3. Impose no costs on any local agency or school

district that are required to be reimbursed underPart 7 (commencing with Section 17500) ofDivision 4 of Title 2 of the Government Code.

4. Will not result in any nondiscretionary costs orsavings to local agencies.

5. Will not result in any costs or savings in federalfunding to the state.

6. Will not have any potential cost impact on privatepersons, businesses or small businesses.

All inquiries concerning this proposed amendmentand any communication required by this notice shouldbe directed to: Jeanna Wimberly, Filing Officer, at (916)445−8918 or [email protected].

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

AMENDMENT

STATE AGENCY: Department of JusticeMULTI−COUNTY: Antelope Valley —

East Kern Water AgencyA written comment period has been established com-

mencing on April 21, 2017, and closing on June 5, 2017.Written comments should be directed to the Fair Politi-cal Practices Commission, Attention Cesar Cuevas,428 J Street, Suite 620, Sacramento, California 95814.

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

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


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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 June 5, 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, FairPolitical Practices Commission, 428 J Street, Suite 620,Sacramento, California 95814, telephone (916)322−5660.

AVAILABILITY OF PROPOSEDCONFLICT−OF−INTEREST CODES

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

TITLE 2. PUBLIC EMPLOYEES’RETIREMENT SYSTEM

NOTICE IS HEREBY GIVEN that the Board of Ad-ministration (Board) of the California Public Employ-ees’ Retirement System (CalPERS) proposes to take theregulatory action described below in the InformativeDigest after considering public comments, objections,or recommendations regarding the proposed regulatoryaction.

I. PROPOSED REGULATORY ACTION

In this filing, the Board proposes adding Section571.1 defining Pensionable Compensation under Arti-cle 6, “2013 Public Employees’ Pension Reform Imple-mentation,” Chapter 2 of Division 1 of Title 2 of theCalifornia Code of Regulations (CCR). By proposingthis regulation in this Article, CalPERS seeks to imple-ment, administer, interpret, and make certain the provi-sions contained within Assembly Bill (AB) 340 (Stats.2012, Ch. 296) known as the California Public Employ-ees’ Pension Reform Act (PEPRA) of 2013, Senate Bill(SB) 13 (Stats. 2013, Ch. 528) and the related pensionreform changes to the Public Employees’ RetirementLaw (PERL).

II. WRITTEN COMMENT PERIOD

Any interested person may submit written commentsrelevant to the proposed regulatory action. The writtencomment period has been established commencing onApril 21, 2017 and closing on June 5, 2017 at 5:00 p.m.The Regulation Coordinator must receive all writtencomments by the close of the comment period. Com-ments may be submitted via fax at (916) 795−4607; viaE−mail at [email protected], ormailed to the following address:

Anthony Martin, Regulation CoordinatorCalifornia Public Employees’ Retirement SystemP.O. Box 942702Sacramento, CA 94229−2702Phone: (916) 795−3038


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III. PUBLIC HEARING

A public hearing will not be scheduled unless an in-terested person, or his or her duly authorized represen-tative, submits a written request for a public hearing toCalPERS no later than 15 days prior to the close of thewritten comment period. Notice of the time, date, andplace of the hearing will be provided to every personwho has filed a request for notice with CalPERS.

IV. ACCESS TO HEARING ROOM

The hearing room will be accessible to persons withmobility impairments, and the room can be made acces-sible to persons with hearing or visual impairments up-on advance request to the CalPERS RegulationCoordinator.

V. AUTHORITY AND REFERENCE

The Board has authority to take regulatory action un-der Government Code sections 20121 and 7522.02(j).

Reference citation: Government Code sections7522.04 and 7522.34.

VI. INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

As a result of the pension reform legislation that be-came effective January 1, 2013, CalPERS proposes theaddition of this regulation to aide in the interpretationand administration of PEPRA. This regulation, when fi-nalized, is intended to clarify CalPERS’ interpretationof what is considered pensionable compensation andwhat should be reported to CalPERS for a “new mem-ber,” gaining common understanding amongst all cov-ered employers.

On September 12, 2012, when Governor Brownsigned into law AB 340, reporting compensation toCalPERS for “new members” changed. PEPRA nowdefines “pensionable compensation” for new members(generally those brought into membership after January1, 2013) and limits payments and compensation thatmay be used to calculate a defined benefit for “newmembers.” PEPRA also excludes specified paymentsfrom being pensionable compensation. Reporting com-pensation to CalPERS for “classic” members remainsunchanged.

In addition, on October 4, 2013, Governor Brownsigned into law SB 13, PEPRA clean−up legislation.While it included several items of technical corrections,

it did not make specific changes to the definition of pen-sionable compensation. However, it did include a pro-vision that would allow a pay item to be excluded frompensionable compensation if agreed upon through col-lective bargaining with represented state employees orimposed on non−represented state employees.Consistency Evaluation

CalPERS conducted a review for any related stateregulation and we find that there are no related regula-tions dealing with “pensionable compensation.” There-fore, this proposed regulation is not inconsistent or in-compatible with existing law or existing state regula-tions. This proposed regulation would align with thecurrent regulation that lists reportable special compen-sation items for “classic” members of contracting agen-cies and school employers.Anticipated Benefits

Adoption of this regulation will provide clarity anduniformity for CalPERS, its members, covered em-ployers, and other stakeholders to ensure consistent ap-plication of the pension reform provisions. This regula-tion will ensure that members have the proper amountof compensation reported on their behalf for use in theirretirement calculations. Additionally, this regulationclarifies certain processes that CalPERS will follow toimplement the pension reform laws, which shouldmake administration of these statutes more efficient andconsistent with existing laws.

Without the adoption of this regulation, there is a riskthat not all covered employers and members will inter-pret the statutes consistent with CalPERS’ interpreta-tion. This could lead to inconsistent application of thesestatutes. CalPERS may achieve cost savings as a resultof decreased litigation and administrative appeals relat-ed to the definition of pensionable compensation as allcovered employers and members will be subject to aclear and explicit list of what compensation is and is notreportable to CalPERS.

VII. PRENOTICE CONSULTATION WITHTHE PUBLIC

The proposed regulation will aid in the interpretationand administration of PEPRA. Therefore, no prenoticeconsultation was done with the public.

VIII. EFFECT ON SMALL BUSINESS

The proposed regulatory action does not affect smallbusiness, because it applies only to the California Pub-lic Employees’ Retirement Law.


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IX. DISCLOSURES REGARDING THEPROPOSED RULEMAKING ACTION

The Board has made the following initialdeterminations:

A. MANDATE ON LOCAL AGENCIES ANDSCHOOL DISTRICTS: The proposed regulatoryaction does not impose mandates on local agenciesand school districts.

B. COST OR SAVINGS TO ANY STATEAGENCY: State agencies may incur minimalcosts to implement internal processes in support ofthis proposed regulation. CalPERS estimates thatpensionable compensation reporting in FY2017−18 may result in an employer normal cost ofapproximately $6.8 million in FY 2017−18 for theState. This normal cost is not a new cost, asemployers are required to pay contributions on allcompensation reported to CalPERS and thepensionable compensation items that are includedin the regulation package have historically beenreported. In addition, for comparative purposes,the total employer normal cost for the State in FY2016−17 is approximately $2 billion.

C. COST TO ANY LOCAL AGENCY ORSCHOOL DISTRICT: Though the proposedregulatory action may result in minimal costsassociated with complying with the proposedregulation to local agencies or school districts thatparticipate in CalPERS, the proposed regulatoryaction does not result in costs or savings for anylocal agency program or school district that wouldqualify for reimbursement under GovernmentCode section 17500, et seq. CalPERS estimatesthat pensionable compensation reporting in FY2017−18 may result in an employer normal cost ofapproximately $9.3 million for contracting localagencies and school employers. This normal costis not a new cost, as employers are required to paycontributions on all compensation reported toCalPERS and the pensionable compensation itemsthat are included in the regulation package havehistorically been reported. In addition, forcomparative purposes, the total employer normalcost for the local agencies and schools in FY2016−17 is approximately $3.3 billion.

D. NONDISCRETIONARY COSTS OR SAVINGSIMPOSED ON LOCAL AGENCIES: Theproposed regulatory action does not impose anynondiscretionary costs or savings on localagencies.

E. COST OR SAVINGS IN FEDERAL FUNDINGTO THE STATE: The proposed regulatory actionwill not result in costs or savings in federal fundingto the State of California.

F. ADVERSE ECONOMIC IMPACT: The proposedregulatory action will not have a significantstatewide adverse economic impact directlyaffecting businesses including the ability ofbusinesses in California to compete withbusinesses in other states. CalPERS relied uponthe plain text of the statutes and the proposedregulation to make this determination.

G. COST IMPACT ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES:CalPERS is not aware of any cost impacts that arepresentative private person or business wouldnecessarily incur in reasonable compliance withthe proposed regulatory action because thepension reform laws and the proposed regulatoryaction only apply to CalPERS, CalPERS−coveredemployers, and CalPERS members.

H. RESULTS OF THE ECONOMIC IMPACTANALYSIS: The primary benefits of the proposedregulatory action are to: (1) provide clarity anduniformity of certain terms and processes forCalPERS, its members, covered employers, andother stakeholders to ensure consistent applicationof the pension reform provisions; (2) ensure thatmembers have the proper amount of compensationreported on their behalf for use in their retirementcalculation. The proposed regulatory action willnot: (1) create or eliminate jobs within California;(2) create new businesses or eliminate existingbusinesses within California; (3) affect theexpansion of businesses currently doing businesswithin California; or (4) affect worker safety or theState’s environment.

I. EFFECT ON HOUSING COSTS: The proposedregulatory action has no effect on housing costs.

J. COST TO ANY LOCAL AGENCY ORSCHOOL DISTRICT WHICH MUST BEREIMBURSED IN ACCORDANCE WITH GC§ 17500 THROUGH § 17630:There are no costs to any local agency or schooldistrict which must be reimbursed in accordancewith GC § 17500 through § 17630.

X. CONSIDERATION OF ALTERNATIVES

The Board must determine that no reasonable alterna-tive considered by the Board, or that has otherwise beenidentified and brought to the attention of the Board,would be:


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� more effective in carrying out the purpose forwhich the action is proposed,

� as effective and less burdensome to affectedprivate persons than the proposed action, or

� more cost−effective to affected private personsand equally effective in implementing thestatutory policy or other provision of law.

The Board invites interested persons to present state-ments or arguments with respect to alternatives to theproposed regulations at the above−mentioned publichearing or during the written comment period.

XI. CONTACT PERSONS

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

Anthony Martin, Regulation CoordinatorCalifornia Public Employees’ Retirement SystemP.O. Box 942702Sacramento, CA 94229−2702Telephone: (916) 795−3038Fax: (916) 795−4607E−Mail: [email protected]

The backup contact person for these inquiries is:

Michelle Balzouman, ManagerCalifornia Public Employees’ Retirement SystemCompensation Review and Analysis SectionP.O. Box 1652Sacramento, CA 94229−1652Phone: (916) 795−9466

Please direct requests for copies of the proposed textof the regulations, the initial statement of reasons, themodified text of the regulations, if any, or other infor-mation upon which the rulemaking is based, to AnthonyMartin, Regulations Coordinator, at the addressprovided.

XII. AVAILABILITY OF STATEMENT OFREASONS, TEXT OF PROPOSED

REGULATIONS, AND RULEMAKING FILE

The entire rulemaking file is available for public in-spection by contacting the Regulation Coordinator atthe address shown in Section II. To date, the file consistsof this notice, the Initial Statement of Reasons (ISOR)and the text of the proposed regulations. A copy of theproposed text and the ISOR is available at no charge bywritten request to the CalPERS Regulations Coordina-tor, at the address and phone number listed in Section II.The Final Statement of Reasons can be obtained once ithas been prepared.

For immediate access, the regulatory material regard-ing this action can be accessed at CalPERS’ website atwww.calpers.ca.gov.

XIII. AVAILABILITY OF CHANGED ORMODIFIED TEXT

The Board may, on its own motion or at the recom-mendation of any interested person, amend the pro-posed text of the regulations after the public commentperiod ends.

If the Board amends its regulatory action, a compari-son of the original proposed text and the amendmentswill be prepared for an additional public comment peri-od of not less than 15 days prior to the date on which theBoard adopts, amends, or repeals the resulting regula-tion. A copy of the comparison text will be mailed to allpersons who submitted written comments or asked to bekept notified of the results of the regulatory action.

XIV. AVAILABILITY OF THE FINALSTATEMENT OF REASONS

Upon completion, copies of the Final Statement ofReasons may be obtained by contacting the CalPERSRegulation Coordinator at the address shown inSection II.

TITLE 5. SUPERINTENDENT OFPUBLIC INSTRUCTION

AMENDMENT TO CALIFORNIA CODE OFREGULATIONS, TITLE 5,

CONFIDENTIALITY OF RECORDS

NOTICE IS HEREBY GIVEN that the State Super-intendent of Public Instruction (SSPI) proposes toadopt the regulations described below after consideringall comments, objections, or recommendations regard-ing the proposed action.

PUBLIC HEARING

California Department of Education (CDE) staff, onbehalf of the SSPI, will hold a public hearing at 1:30p.m. on Monday, June 5, 2017, at 1430 N Street, Room1801, Sacramento, California. The room is wheelchairaccessible. At the hearing, any person may presentstatements or arguments, orally or in writing, relevantto the proposed action described in the Informative Di-gest. The SSPI requests, but does not require, that per-sons who make oral comments at the public hearing alsosubmit a written summary of their statements. No oral


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statements will be accepted subsequent to this publichearing.

WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to:

Patricia Alverson, Regulations CoordinatorAdministrative Support and Regulations

Adoption UnitCalifornia Department of Education1430 N Street, Room 5319Sacramento, CA 95814

Comments may also be submitted by facsimile(FAX) at 916−319−0155 or by e−mail [email protected].

Comments must be received by the Regulations Co-ordinator prior to 5:00 p.m. on June 5, 2017. All writtencomments received by CDE staff during the publiccomment period are subject to disclosure under thePublic Records Act.

AVAILABILITY OF CHANGED ORMODIFIED TEXT

Following the public hearing and considering alltimely and relevant comments received, the SSPI mayadopt the proposed regulations substantially as de-scribed in this Notice or may modify the proposed regu-lations if the modifications are sufficiently related to theoriginal text. With the exception of technical or gram-matical changes, the full text of all modified regulationswill be available for 15 days prior to its adoption fromthe Regulations Coordinator and will be mailed to thosepersons who submit written comments related to theregulations, or who provide oral testimony at the publichearing, or who have requested notification of anychanges to the proposed regulations.

AUTHORITY AND REFERENCE

Authority: Sections 8261, Education Code.References: Sections 8203 and 8261, Education

Code.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

Title 5 California Code of Regulations [5 CCR] Sec-tion 18117(a), which applies to all CDE early educationand support contracting agencies unless otherwise

specified, prohibits the use or disclosure of any and allinformation pertaining to a child and his or her family toanyone for any purpose unless that use or disclosure is“directly connected with the administration of the pro-gram.” This section is somewhat vague in that it fails tostate that it is applicable solely to information on chil-dren and families held by CDE contracting agenciesand not to information on children and families held bythe CDE. Similarly, 5 CCR Section 18246, which ap-plies specifically to resource and referral agencies thatcontract with CDE, prohibits the use or disclosure of in-formation pertaining to the child or the child’s familyother than for purposes “directly related to the adminis-tration of the program.” Like Section 18117, Section18246 does not clearly state that it is applicable solely toinformation held by the resource and referral contract-ing agency, not to information on children and familiesheld by the CDE.

California law, pursuant to the Information PracticesAct, Civil Code Section 179824 et seq., applies to stateagencies and addresses when personally identifiable in-formation may be disclosed to third parties by a stateagency, and thus would apply to information on thechild and the child’s family held by the CDE. Amongthe instances when personally identifiable informationcan be disclosed to third parties is when such disclosureis required by state or federal law [Civ. Code section1798.24(f)]. Another statutory exception in Californialaw allows for disclosure of information on the childand the child’s family to educational institutions andnon−profit agencies headed by qualified researchers inorder for scientific research to be performed. [Civ. Codesection 1798.24(t)]

In addition, Welfare and Institutions Code Section10850 sets forth confidentiality restrictions on informa-tion related to anyone receiving any public benefit as-sistance and carves out specific exceptions for whenagencies administering public assistance programs maydisclose personally identifiable information on benefitrecipients. One of those exceptions allows state agen-cies to share personally identifiable information per-taining to benefit recipients as may be permitted by Civ-il Code Section 1798.24(t). On occasion, the CDE hasbeen asked to disclose personally identifiable informa-tion related to the children and families of those that areserved through our Early Education and Support pro-grams to universities or other research institutions andorganizations studying issues related to early learningor societal impacts on children and families. Because 5CCR Sections 18117(a) and 18246 do not clearly statethat they apply solely to CDE’s contractors, and not tothe CDE itself, people might contend that these sectionsotherwise prevent CDE from disclosing information onchildren and families that it is lawfully entitled to shareunder state law. Thus, it is important that these regula-


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tions be amended so that it is clear to all that the regula-tions apply solely to the use or disclosure of informationheld by CDE’s contractors, who are the subject of the 5CCR regulations.Anticipated Benefits of the Proposed Regulations

The benefits of the proposed regulations include pro-viding additional clarity so that the CDE is not accusedof violating 5 CCR regulations should it use or disclosepersonally identifiable information in conformancewith state law.

DETERMINATION OFINCONSISTENCY/INCOMPATIBILITY WITH

EXISTING STATE REGULATIONS

The CDE has evaluated whether or not the proposedregulations are inconsistent or incompatible with exist-ing state regulations and has determined that the pro-posed regulations are not inconsistent or incompatiblewith existing state regulations.

INCORPORATION BY REFERENCE

No documents are incorporated by reference.

DISCLOSURES REGARDING THE PROPOSEDACTION/FISCAL IMPACT

The SSPI has made the following initialdeterminations:

There are no other matters as are prescribed by statuteapplicable to the specific state agency or to any specificregulations or class of regulations.

The proposed regulations do not require a report to bemade.

Mandate on local agencies and school districts: None.Cost or savings to any state agency: None.Costs to any local agencies or school districts for

which reimbursement would be required pursuant toPart 7 (commencing with section 17500) of division 4of the Government Code: None.

Other non−discretionary costs or savings imposed onlocal educational agencies (LEAs): None.

Costs or savings in federal funding to the state: None.Significant, statewide adverse economic impact di-

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

Cost impacts on a representative private person orbusinesses: The Department is not aware of any cost im-pacts that a representative private person or businesswould necessarily incur in reasonable compliance withthe proposed action.

Effect on housing costs: None.Effect on small businesses: The proposed regulations

will not affect small businesses because the regulationsare aimed at the CDE’s early education and support pro-grams and whether the CDE may share information onchildren and families as otherwise permitted by statelaw. The CDE does not believe the proposed regulationswill have an effect on small businesses.

RESULTS OF THE ECONOMICIMPACT ANALYSIS

The SSPI concludes that it is unlikely that these pro-posed regulations will: 1) create or eliminate jobs with-in California; 2) create new businesses or eliminate ex-isting businesses within California; or 3) affect the ex-pansion of businesses currently doing business withinCalifornia.

Benefits of the Proposed Action: The proposed regu-lations will benefit the general public by providing clar-ity as to how to interpret the confidentiality restrictionsin Title 5 regulations.

CONSIDERATION OF ALTERNATIVES

The SSPI must determine that no reasonable alterna-tive it considered or that has otherwise been identifiedand brought to the attention of the SSPI, would be moreeffective in carrying out the purpose for which the ac-tion is proposed, would be as effective and less burden-some to affected private persons than the proposed ac-tion, or would be more cost−effective to affected privatepersons and equally effective in implementing thestatutory policy or other provision of law.

The SSPI invites interested persons to present state-ments or arguments with respect to alternatives to theproposed regulations at the scheduled hearing or duringthe written comment period.

CONTACT PERSONS

Inquiries concerning the content of these proposedregulations should be directed to:

Lisa Velarde, ConsultantEarly Education and Support DivisionCalifornia Department of Education1430 N Street, Room 3410Sacramento, CA 95814Telephone: 916−322−6248E−mail: [email protected]

Inquiries concerning the regulatory process may bedirected to the Regulations Coordinator or the backupcontact person, Hillary Wirick, Regulations Analyst, at916−319−0860.


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INITIAL STATEMENT OF REASONSAND INFORMATION

The SSPI has prepared an Initial Statement of Rea-sons for the proposed regulations and has available allthe information upon which the proposal is based.

TEXT OF PROPOSED REGULATION ANDCORRESPONDING DOCUMENTS

Copies of the exact language of the proposed regula-tions, the Initial Statement of Reasons, and all of the in-formation upon which the proposal is based, may be ob-tained upon request from the Regulations Coordinator.These documents may also be viewed and downloadedfrom the CDE’s Web site athttp://www.cde.ca.gov/re/lr/rr/.

AVAILABILITY AND LOCATION OF THE FINALSTATEMENT OF REASONS AND

RULEMAKING FILE

All the information upon which the proposed regula-tions are based is contained in the rulemaking file,which is available for public inspection by contactingthe Regulations Coordinator.

You may obtain a copy of the Final Statement of Rea-sons, once it has been finalized, by making a written re-quest to the Regulations Coordinator.

REASONABLE ACCOMMODATION FOR ANYINDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973, the Ameri-cans with Disabilities Act of 1990, and the Unruh CivilRights Act, any individual with a disability who requiresreasonable accommodation to attend or participate in apublic hearing on proposed regulations, may request as-sistance by contacting Lisa Velarde, Early Educationand Support Division, 1430 N Street, Room 4309,Sacramento, CA, 95814; telephone, 916−322−6248. Itis recommended that assistance be requested at leasttwo weeks prior to the hearing.

TITLE 15. BOARD OF STATE ANDCOMMUNITY CORRECTIONS

AMENDMENT AND ADOPTION OFREGULATIONS REGARDING CONSTRUCTION

FINANCING PROGRAMSTITLE 15, DIVISION 1, CHAPTER 1,

SUBCHAPTER 6

Pursuant to the authority granted by GovernmentCode Sections 15820.925, 15820.935 and 15820.945,

the Board of State and Community Corrections (BSCC)hereby gives notice of the proposed regulatory action(s)described in this public notice. It is the intent of theBSCC to amend and adopt the regulations contained inTitle 15, Division 1, Chapter 1, Subchapter 6, CaliforniaCode of Regulations (known as the Local Jail Construc-tion Financing Program), after considering all com-ments, objections, and recommendations regardingthese regulations.

PUBLIC HEARING

BSCC has not scheduled a public hearing on this pro-posed action. However, as per Government Code Sec-tion 11346.5(a)(17), the BSCC will hold a hearing if itreceives a written request for a public hearing from anyinterested person, or his or her duly authorized repre-sentative, no later than 15 days before the close of thewritten comment period. Requests should be addressedto the below−noted staff member.

MODIFICATIONS TO THE PROPOSED TEXT OFTHE REGULATIONS

Proposed text in this rulemaking file contains someadditional non−substantive changes compared to theoriginally proposed text (express term) last posted tothe public.


Any interested person, or his or her duly authorizedrepresentative, may submit written comments relevantto the proposed regulatory action to the BSCC. Thewritten comment period commences on April 21, 2017and closes at 5:00 p.m. on June 5, 2017. The BSCC willconsider only comments received at BSCC offices byclose of the written comment period. Submit commentsto:

Lindsay Tu, Associate Capital Outlay Analyst2590 Venture Oaks Way, Suite 200Sacramento, CA [email protected]: (916) 324−1959Fax: (916) 327−3317

POST−HEARING MODIFICATIONS TO THETEXT OF THE REGULATIONS

Following the public comment period, the BSCCmay adopt the proposed regulations substantially asproposed in this notice or with modifications that aresufficiently related to the original proposed text and no-


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tice of proposed changes. If modifications are made, thefull text of the proposed modifications, clearly indicat-ed, will be made available to the public for at least 15days prior to the date on which the BSCC adopts,amends, or repeals the regulation(s). The BSCC will ac-cept written comments on the modified regulation textduring the 15−day period. Comments should be ad-dressed to the above−noted staff member.

NOTE: To be notified of any modifications, you mustsubmit written/oral comments at the public hearing, if ahearing is held; submit comments to the office duringthe written public comment period; or specifically re-quest to be notified of any modifications.


Pursuant to the authority granted by GovernmentCode 15820.935 and 15820.945, the BSCC proposesregulatory action to amend and adopt the regulationscontained in Title 15, Division 1, Chapter 1, Subchapter6, California Code of Regulations (known as the Local.Jail Construction Financing Program), after consider-ing all comments, objections, and recommendations re-garding these regulations.

The Board of State and Community Corrections(BSCC) proposes to adopt Sections 1712.4, 1714.4,1730.4, 1740.4, and amend the Sections 1700, 1706,1731, 1747, 1747.1, 1748, 1748.5, 1749, 1749.1, 1750,1750.1, 1751, 1752, 1753, 1754, 1756, 1760, 1766,1767, 1768, 1770, 1772, 1776, 1778, 1788, 1790, 1792of Title 15 of the California Code of Regulations(CCR).

The following sections will be implemented, inter-preted and/or made specific by this proposedrulemaking:

Authority: Sections 15820.935 and 15820.945,Government Code; and Section 6030, Penal Code.

Reference: Sections 15820.93−15820.936 and15820.94−15820.946, Government Code; and Section3073, Penal Code.


Summary of Existing LawsTitle 15 regulations discuss and define the require-

ments, responsibilities, and processes set forth in previ-ous Sections 15820.90−15820.907, 15820.91−15820.917, 15820.92−15820.926, and 15820.93−15820.935 of the Government Code for AB 900 Phase Iand II of the Local Jail Construction Financing Pro-grams, and the SB 1022 and SB 863 Adult Local Crimi-nal Justice Facilities Construction Financing Programs.While current regulations address the AB 900 Phase I

and II, SB 1022 and SB 863 programs, they do not ad-dress the newly created SB 844 program and the specif-ic programmatic requirements of that legislation.

Section 6030 of the Penal Code requires that theBSCC establish minimum standards for local correc-tional facilities. These minimum standards include thereview and approval of proposed jail and criminal jus-tice facility construction documents and materials forcompliance with existing safety and securityregulations.Summary of Existing Regulations

Existing standards that prescribe requirements for thelocal jail construction financing program are promul-gated by the BSCC. These regulations are contained inTitle 15, Local Jail Construction Financing Program,Division 1, Chapters 1, Subchapter 6 of the CCR.Summary of Effect of Proposed Action

The proposed action would update Title 15, Division1, Chapter 1, Subchapter 6 CCR, adopting and amend-ing language to implement statutes requiring the BSCCto award up to $270 million in construction financing toacquire, design, and construct SB 844 adult local crimi-nal justice facilities. The proposed action also adds anddefines specified statutory requirements found in Gov-ernment Code Sections 15820.94 et seq., as they pertainto the financing of adult local criminal justice facilitiesas proposed under SB 844. Counties across the state arefacing overcrowding in existing and outdated custodialfacilities. Lack of program space, mental health andtreatment space, and reentry facilities gives counties lit-tle option for non−custodial sentencing. The proposedaction will allow for the award of $270 million in adultcriminal justice facilities construction financing to re-lieve counties of crowding, unsafe facilities, and insuf-ficient programming and mental health treatmentspace. Of the $270 million allocated, $20 million hasbeen set aside specifically to address the emergency anddamage caused by the 2014 earthquake in Napa County.Policy Statement Overview

The broad objective of the proposed action is to up-date regulations for the Adult Local Criminal JusticeFacilities Construction Financing Program in confor-mance with statutory changes.Benefits Anticipated from Proposed Regulations

The anticipated benefits to this regulation are in-creased protection of welfare of California residents,and worker safety. The welfare of California residentsand worker safety will be affected positively by con-struction and/or renovation of new and existing adultjail and criminal justice facilities. The newly renovatedor constructed facilities will eliminate many of the dan-gers of working in an outdated facility with the use ofbetter space planning and technology that is up−to−date. A greater focus has been placed on programming


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space and making community and inmate programsavailable in−custody and as an alternative to incarcera-tion. In some instances participants of programs will re-ceive support and learn necessary social and employ-ment skills to better assimilate back into the communi-ty. New and renovated facilities will offer more space,technology, and other much needed tools to create a safeenvironment for workers, inmates, visitors, and thecommunity. The BSCC has determined that the state’senvironment will not be affected by the adoption ofthese regulations because the regulations are the subjectof criminal justice facility construction financing. TheBSCC has determined that there will be a positive im-pact on the health and welfare of California residentsand worker’s safety.

Determination of Inconsistency/Incompatibilitywith Existing State Regulations

The Board has determined that this proposed regula-tion is not inconsistent or incompatible with existingregulations. After conducting a review for any regula-tions that would relate to or affect this area, the Boardhas concluded that these are the only regulations thatconcern the Senate Bill 863 and Senate Bill 844programs.

Comparable Federal Statute or Regulations

There are no comparable federal regulations orstatutes.

Documents Incorporated by Reference

None.

DISCLOSURE REGARDING THEPROPOSED ACTION

The BSCC has made the following initialdeterminations:

Mandate on local agencies and school districts: As re-quired by Government Code Section 11346.5(a)(5), theBSCC has determined that there will be no mandatesimposed on local agencies or school districts throughthe adoption of these Title 15 regulations as proposed.Local agencies participate in the Adult Local CriminalJustice Facilities Construction Financing Program byrequest for proposal. Participation in these programs ison a voluntary basis only. No local agency or school dis-trict is required to participate.

Cost or savings to any state agency: There were noadditional positions or staff time received for this pro-gram, costs will be absorbed by current budget. Therewill be a cost of debt service paid on lease revenuebonds. However, the BSCC does not anticipate any pay-ments during the current or subsequent two fiscal years.

Cost to any local agency or school district which mustbe reimbursed in accordance with Government CodeSections 17500 through 17630: None.

Other nondiscretionary costs or savings imposed onlocal agencies: None.

Costs or savings in federal funding to the state: None.Significant, statewide adverse economic impact di-

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

Cost impacts on a representative private person orbusinesses: The BSCC is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

Significant effect on housing costs: None.

RESULTS OF THE ECONOMICIMPACT ASSESSMENT

BSCC concludes that the adoption of the proposedregulation (1) will not affect the elimination of jobswithin the State of California, (2) will have a positiveimpact on the creation of jobs within the State of Cali-fornia, (3) will not have an effect on the creation of newbusinesses or the elimination of existing businesseswithin the State of California, (4) will not have an effecton the expansion of businesses currently doing businesswithin the State of California.

BENEFITS OF THE PROPOSED REGULATION

The anticipated benefits to this regulation are in-creased protection of welfare of California residents,and worker safety. The welfare of California residentsand worker safety will be affected positively by con-struction and/or renovation of new and existing adultjail and criminal justice facilities. The newly renovatedor constructed facilities will eliminate many of the dan-gers of working in an outdated facility with the use ofbetter space planning and technology that is up−to−date. A greater focus has been placed on programmingspace and making community and inmate programsavailable in−custody and as an alternative to incarcera-tion. In some instances participants of programs will re-ceive support and learn necessary social and employ-ment skills to better assimilate back into the communi-ty. New and renovated facilities will offer more space,technology, and other much needed tools to create a safeenvironment for workers, inmates, visitors, and thecommunity. The BSCC has determined that the state’senvironment will not be affected by the adoption ofthese regulations because the regulation is the subject ofcriminal justice facility construction financing. TheBSCC has determined that there will be a positive im-


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pact on the health and welfare of California residentsand worker’s safety.


In accordance with Government Code Section11346.5, subdivision (a)(13), the BSCC has determinedthat no reasonable alternative considered by the agencyor that has otherwise been identified and brought to theattention of the agency would be more effective in car-rying out the purpose for which the action is proposed;would be as effective and less burdensome to affectedprivate persons than the proposed action; or would bemore cost−effective to affected private persons andequally effective in implementing the statutory policyor other provision of law.

AVAILABILITY OFRULEMAKING DOCUMENTS

The Rulemaking File, which includes all the informa-tion on which this proposal is based, is available forviewing at the BSCC’s office at the above address andmay also be accessed through the BSCC’s website athttp://www.bscc.ca.gov/m_construction.php.


After considering all timely and relevant commentsreceived, the BSCC may adopt the proposed regula-tions if they remain substantially as described in this no-tice. If the BSCC makes modifications that are suffi-ciently related to the originally proposed text, BSCCwill make the modified text (with the changes clearlyindicated) available to the public for at least 15 days andaccept written comments, before the BSCC adopts theregulations as revised. The modified text may be ac-cessed through the BSCC website at:http://www.bscc.ca.gov/m_construction.php. Thosepersons who do not have access to the Internet may sub-mit a written request to Lindsay Tu at the above address.

AVAILABILITY OF INITIAL STATEMENT OFREASONS AND FINAL STATEMENT

OF REASONS

The Initial and Final Statement of Reasons may be ac-cessed through the BSCC website at:http://www.bscc.ca.gov/m_construction.php. Thosepersons who do not have access to the Internet may sub-mit a written request to Lindsay Tu at the above address.

AVAILABILITY OF DOCUMENTS;INTERNET ACCESS

The Notice of Proposed Action, the Initial Statementof Reasons, and the text of the regulation in strikeoutand underline can be accessed through our website at:http://www.bscc.ca.gov/m_construction.php. Thosepersons who do not have access to the Internet may sub-mit a written request to Lindsay Tu at the above address.

CONTACT PERSON FOR SUBSTANTIVEAND/OR TECHNICAL QUESTIONS

Inquiries concerning the proposed action may be di-rected to:

Lindsay Tu, Associate Capital Outlay Analyst2590 Venture Oaks Way, Suite 200Sacramento, CA 95833Phone: (916) 324−1959Fax: (916) 327−[email protected]


John Prince, Deputy Director2590 Venture Oaks Way, Suite 200Sacramento, CA 95833Phone: (916) 445−2014Fax: (916) 327−[email protected]

TITLE 17. CALIFORNIA INSTITUTEFOR REGENERATIVE MEDICINE

Division 4 — California Institute for RegenerativeMedicine

Chapter 5, Section 100503

Deadline for Submission of WrittenComment: June 5, 2017 — 5:00 p.m.Public Hearing Date: None Scheduled

SUBJECT MATTER OF PROPOSEDAMENDMENTS:

GRANT ADMINISTRATION POLICY FORCLINICAL STAGE PROJECTS

SUBMITTAL OF COMMENTS

Any interested party may present comments in writ-ing about the proposed amendments to the agency con-tact person named in this notice. Written comments


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must be received no later than 5:00 p.m. on June 5,2017. Comments regarding this proposed action mayalso be transmitted via e−mail [email protected] or by facsimile trans-mission to (415) 396−9141.

PUBLIC HEARING

At this time, no public hearing has been scheduledconcerning the proposed regulations. If any interestedperson or the person’s representative requests a publichearing, he or she must do so in writing no later thanMay 22, 2017.

SECTIONS AFFECTED

The proposed regulatory action amends Section100503 to Chapter 5 of Title 17 of the California Codeof Regulations, and the document incorporated by ref-erence into section 100503.

AUTHORITY

Article XXXV of the California Constitution andHealth and Safety Code Section 125290.40,subdivision (j).

REFERENCE

Sections 125290.30, 125290.35, 125290.40,125290.45, 125290.50, 125290.60, 125290.70,125292.10, Health and Safety Code.


The California Institute for Regenerative Medicine(“Institute” or “CIRM”) was established in 2005 afterthe passage in 2004 of Proposition 71 (the “Act”), theCalifornia Stem Cell Research and Cures Initiative. Thestatewide ballot measure established a new state agencyto make grants and provide loans for stem cell research,research facilities and other vital research opportuni-ties. The Independent Citizens’ Oversight Committee(“ICOC”) is the 29−member governing board for the In-stitute. The ICOC members are public officials, ap-pointed on the basis of their experience earned in Cali-fornia’s leading public universities, non−profit aca-demic and research institutions, patient advocacygroups and the biotechnology industry. The Act chargesthe ICOC with developing standards and criteria to

make grant awards and to develop standards and criteriafor proper oversight of awards. (§ 125290.50.) To thatend, CIRM adopted the CIRM Grants AdministrationPolicy for Clinical Stage Projects (“GAP”).

Existing section 100503 incorporates by referencethe GAP and indicates that recipients of grants for clini-cal stage projects will be subject to this particular GAP.This section indicates that amendments to the policywill be applied to current active grants at the next bud-get period after the effective date of any amendments.

This grants administration policy incorporated byreference by section 100503 serves as the terms andconditions for Clinical Stage Projects funded by theCalifornia Institute for Regenerative Medicine (CIRM)pursuant to clinical stage funding opportunities. In ad-dition, it provides guidance to applicants and Awardeesregarding their responsibilities. Principal investigators,program directors, and organizational officials withgrants management responsibilities are urged to readthis document carefully and to refer to relevant sectionsfor answers to questions that arise concerning the ad-ministration of CIRM awards. Applicants andAwardees may be required to document compliancewith any and all provisions set forth in the policy.

In furtherance of CIRM’s mission to accelerate thedevelopment of stem cell therapies to patients with un-met medical needs, CIRM seeks to continuously im-prove upon its policies and procedures to ensure a morestreamlined, predictable process for awarding and ad-ministering grants. As part of that goal, we propose toinitiate a new round of amendments to the Grants Ad-ministration Policy for Clinical Stage Projects (ClinicalGAP).

The following changes are proposed. With the excep-tion of these proposed amendments, the remainder ofthe Clinical GAP will remain in effect, except for minortechnical/clarifying fixes.

A. Allowable and Unallowable Project Costs

These sections describe the types of direct projectcosts CIRM funding may and may not support. CIRMproposes generally to follow the NIH Grants PolicyStatement on allowable costs and highlight areas ofcommon interest to our Awardees as follows:Allowable

� Insurance that is deemed necessary and specific tothe project not otherwise covered by Facilities orIndirect costs, including clinical trial insuranceand medical liability (malpractice) insurancewhen the project involves human subjects.

Unallowable

� Legal costs incurred in defending or prosecutingclaims, whether equitable or monetary.


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� Intellectual property costs including, but notlimited to, invention, copyright, patent, licensingor royalty costs, filing fees, translation costs,examination fees, annuity costs and grant fees, andrelated attorney’s fees.

� Routine, patient standard of care costs or any costof care covered by a 3rd party provider.

B. Clinical Trial Registration RequirementCIRM proposes to add a requirement for all CIRM−

funded clinical trials to be registered and submit the re-sults of the trial in accordance with FDAAA 801 re-quirements. These requirements include registering thetrial no later than 21 days after the 1st patient is enrolledin the trial and publishing the results no later than 12months after completion of the trial.C. Delete Description of Scoring

CIRM proposes to remove the paragraph in SectionII.E. Application Review that describes clinical appli-cation scoring. The current statement is inconsistentwith the GWG bylaws, which modified the definition ofa Tier 3 score. Given the existing conflict and the poten-tial for future inconsistencies if the Board approves fu-ture changes to the GWG bylaws regarding scoring,CIRM suggests removing this language from the Clini-cal GAP.D. Prior Approval Request — Change in CaliforniaOrganization Eligibility

CIRM proposes to add a requirement for a CIRM−funded Awardee to immediately report whether theirorganization’s status as a California−based or Non−California−based organization has changed in light ofthe fact that such status will determine the scope of al-lowable project costs.

If a California−based Organization becomes a Non−California−based organization, we will propose to re-duce the remainder of the award effective the date theorganization’s status changed to only cover the allow-able project costs available to Non−California−basedorganizations. If a Non−California−based organizationbecomes a California−based organization, we proposeto maintain the existing award amount as approved bythe ICOC, but allow the Awardee to reallocate remain-ing funds to also cover any additional allowable projectcosts available to California−based organizations.E. Award Conversion

Under this section, recipients of CIRM’s ClinicalStage Program awards have the option to treat theirawards as loans within the earlier of the submission ofan application for marketing approval by the Food andDrug Administration or seven years from the effectivedate of the award. Unless the parties agreed to differentterms, the awardee would be required to repay the loanbalance within ten days of making the loan election at a

rate that would escalate based on the date of repayment.The loan election would become final only after theawardee has satisfied the terms of the election. If anawardee does not make this election, its award would betreated as a grant. The proposed amendments makenonsubstantive amendments to delete reference to non−existent funding opportunities and propose optionallanguage regarding payback terms.

ANTICIPATED BENEFITS OF THEPROPOSED REGULATION

To the extent the regulation facilitates use of the fundsand encourages development of intellectual propertyand return to the state as required by law, and to the ex-tent California institutions apply for and receive re-search funds, such requirements are indirectly attribut-able to increased economic activity spurred by the in-vestment research funds in the state and resultant posi-tive business and employment development. Also, tothe extent the regulation makes it possible for the ex-penditure of research funds in the state, and to the extentthat research results in medical treatments and cures forchronic disease and injury, the regulation indirectlybenefits the health and welfare of California residentswho will benefit from such treatments and cures.

CONSISTENCY AND COMPATIBILITY WITHEXISTING STATE REGULATIONS

CIRM has conducted an evaluation for any other reg-ulations on this area and has concluded that this is theonly regulation concerning administration of CIRM−funded awards for late−stage research projects. There-fore, the proposed amendments are neither inconsistentnor incompatible with any other existing stateregulations.

INCORPORATED BYREFERENCE DOCUMENTS

California Institute for Regenerative MedicineGrants Administration Policy (GAP) for Clinical StageProjects, Sections “II” through and including “VI” intheir entirety; As to Section “I,” only part “I.B.” (Ab-breviations), “I.C.” (“Defined Terms”), “I.D” (“Typesof Support”) and “I.E.” (“Roles and Responsibilities”),Rev. 06/17.

DISCLOSURES REGARDING THEPROPOSED AMENDMENTS

CIRM has made the following initial determinations:

MANDATE ON LOCAL AGENCIES ANDSCHOOL DISTRICTS

None.


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EFFECT ON SMALL BUSINESS

CIRM has determined that the proposed amendmentswill have no impact on small businesses. The regulationimplements conditions on awarding and administeringgrants for stem cell research. This research is conductedalmost exclusively by large public and private nonprofitinstitutions. As such, the amendments to the regulationare not expected to adversely impact small business asdefined in Government Code Section 11342.610.

IMPACT ON LOCAL AGENCIES ORSCHOOL DISTRICTS

CIRM has determined that the proposed amendmentsdo not impose a mandate on local agencies or schooldistricts, nor do they require reimbursement by the statepursuant to Part 7 (commencing with Section 17500) ofDivision 4 of the Government Code because the amend-ments do not constitute a “new program or higher levelof service of an existing program” within the meaningof Section 6 of Article XIII of the California Constitu-tion. CIRM has also determined that no nondiscre-tionary costs or savings to local agencies or school dis-tricts will result from the proposed amendments.

COSTS OR SAVINGS TO STATE AGENCIES

CIRM has determined that no savings or increasedcosts to any agency will result from the proposedamendments.

EFFECT ON FEDERAL FUNDING TOTHE STATE

CIRM has determined that no costs or savings in fed-eral funding to the state will result from the proposedamendments.

EFFECT ON HOUSING COSTS

CIRM has determined that the proposed amendmentswill have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY

AFFECTING BUSINESSES

CIRM has made an initial determination that the pro-posed amendments will not have a significant statewideadverse economic impact directly affecting businesses,including the ability of California Businesses to com-pete with businesses in other states.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

CIRM has made an initial determination that theadoption of these amendments will not have a signifi-cant cost impact on representative private persons orbusinesses. CIRM is not aware of any cost impacts thata representative private person or business would nec-essarily incur in reasonable compliance with the pro-posed amendments.

RESULTS OF ECONOMIC IMPACT ANALYSIS

The above analysis is based on that fact that the pro-posed amendments do not impose new requirements onexisting business operations or functions of other agen-cies or individuals, but implement standards for seekingand using state grant funds for scientific research. Inmost cases, such grants include funds to cover overheadand other indirect costs of the research, including mostcompliance activities. CIRM has made an initial deter-mination that it is unlikely the proposed amendmentswill impact the creation or elimination of jobs, the cre-ation of new businesses or the elimination of existingbusinesses, or the expansion of businesses currently do-ing business within the State of California, nor directlyimpact the health and welfare of California residents,worker safety, and the state’s environment. However,applicants and awardees of CIRM funds for clinicalstage projects would have a clear understanding of theirresponsibilities in accepting and using state funds forstem cell research, which ultimately benefits the citi-zenry of California. In addition, To the extent the regu-lation facilitates use of the funds and encourages inven-tion and return to the state as required by law, and to theextent California institutions apply for and receive re-search funds, such requirements are indirectly attribut-able to increased economic activity spurred by the in-vestment research funds in the state and resultant posi-tive business and employment development. Also, tothe extent the regulation makes possible the expendi-ture of research funds in the state, and to the extent thatresearch results in medical treatments and cures forchronic disease and injury, the regulation indirectlybenefits the health and welfare of California residentswho will benefit from such treatments and cures.


In accordance with Government Code Section11346.5, subdivision (a)(13), CIRM must determinethat no reasonable alternative it considered, or that hasotherwise been identified and brought to its attention,would be more effective in carrying out the purpose forwhich the action is proposed or would be as effective


579

and less burdensome to affected private persons orwould be more cost−effective to affected private per-sons and equally effective in implementing the statuto-ry policy or other provision of the law than the proposaldescribed in this Notice. CIRM invites interested per-sons to present statements or arguments with respect toalternatives to the proposed amendments at the sched-uled hearing or during the written comment period.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONS

CIRM has prepared an Initial Statement of Reasons,and has available the express terms of the proposedamendments, all of the information upon which theamendments are based, and a rulemaking file. A copy ofthe Initial Statement of Reasons and the proposed textof the regulation may be obtained from the agency con-tact person named in this notice. The information uponwhich CIRM relied in preparing this proposal and therulemaking file are available for review at the addressspecified below.


After holding the hearing and considering all timelyand relevant comments, CIRM may adopt the proposedamendments substantially as described in this notice. IfCIRM makes modifications that are sufficiently relatedto the originally proposed text of the amendments, itwill make the modified text (with the changes clearlyindicated) available to the public for at least 15 days be-fore it adopts the regulations as amended. Requests forthe modified text should be addressed to the agencycontact person named in this notice. CIRM will acceptwritten comments on any changes for 15 days after themodified text is made available.

AGENCY CONTACT

Written comments about the proposed regulatory ac-tion; requests for a copy of the Initial Statements of Rea-sons, the proposed text of the amendments; and in-quiries regarding the rulemaking file may be directedto:

Scott TocherDeputy General CounselCalifornia Institute for Regenerative Medicine1999 Harrison Street, #1650Oakland, CA 94612(415) 740−8735

Questions on the substance of the proposed regulato-ry action may be directed to:

Gabe ThompsonDirector of Portfolio Operations and Performance1999 Harrison Street, Suite 1650Oakland, CA 94612−3515Phone/Fax: 510−340−9166

The Notice of Proposed Regulatory Amendment, theInitial Statement of Reasons and any attachments, andthe proposed text of the amendments and existing regu-lation are also available on CIRM’s website,www.cirm.ca.gov.

AVAILABILITY OF FINAL STATEMENTOF REASONS

Following its preparation, a copy of the Final State-ment of Reasons mandated by Government Code Sec-tion 11346.9, subdivision (a), may be obtained from thecontact person named above.

TITLE 18. FRANCHISE TAX BOARD

The Franchise Tax Board (“Board”) proposes toadopt the regulation described below after consideringall comments, objections, and recommendations re-garding the proposed action.

PUBLIC HEARING

The Board will hold a public hearing starting at 1:00p.m. on June 16, 2017 at the Franchise Tax Board, Gold-berg Auditorium, 9646 Butterfield Way, Sacramento,CA 95827. The auditorium is accessible to persons withdisabilities. At the hearing, any person may presentstatements or arguments orally or in writing relevant tothe proposed action described in the Informative Digestportion of this notice. The Board requests but does notrequire that persons who make oral comments at thehearing also submit a written copy of their testimony atthe hearing.

To participate in this hearing by telephone, pleasedial: (877) 923−3149. Enter the participant pass code2233420, followed by the # sign. Please RSVP by June9, 2017, by contacting Christy Keith at (916) 845−6080or Email: [email protected].

In addition, Government Code section 15702, subdi-vision (b) provides for consideration by the Board ofany proposed regulatory action if any person makessuch request in writing.


Any interested person, or his or her authorized repre-sentative, may submit written comments to the Board


580

relevant to the proposed regulatory action. The writtencomment period closes at 5:00 p.m. on June 5, 2017,and the Board will consider only comments received atthe Board offices by that time. The Board encouragessubmission of comments in electronic form, rather thanin paper form. Comments may be submitted by email [email protected].

Submit comments in paper form to:

Mailing Address:Thomas Lo Grossman, Tax Counsel IIILegal Division MS A260Franchise Tax BoardP.O. Box 1720Rancho Cordova, CA 95741−1720

Fax: (916) 843−8830


Revenue and Taxation Code (“RTC”) Section 19503authorizes the Board to prescribe regulations necessaryfor the enforcement of and to implement, interpret, andmake specific Part 10 (commencing with section17001), Part 10.2 (commencing with section 18401),Part 10.7 (commencing with section 21001) and Part 11(commencing with section 23001) of the RTC. Section25137 of the RTC permits a departure from the alloca-tion and apportionment provisions of the Uniform Divi-sion of Income for Tax Purposes Act (“UDITPA”) whenthe standard provisions of UDITPA do not fairly reflecta taxpayer’s activities in this state. The proposed regu-latory action establishes appropriate rules for determin-ing the apportionment factors for Space TransportationCompanies, to fairly reflect their activities in this state.

INFORMATIVE DIGEST/PLAIN ENGLISHOVERVIEW

Under the UDITPA, at RTC section 25120 et seq.,businesses that conduct business both within and with-out California must apportion their income in order todetermine what portion of their income is subject to taxin this state. When the standard allocation and appor-tionment formulas of UDITPA do not fairly reflect thebusiness activity of an apportioning taxpayer’s activityin this state, section 25137 states that the Board may al-low or impose an alternative formula in order to do so.In cases where certain industries derive income in waysthat the application of the standard apportionment pro-visions of UDITPA do not result in a fair reflection ofactivity, the Board is empowered to promulgate specialindustry regulations to achieve the goal of UDITPA.

(See, for example, title 18, California Code of Regula-tions, section 25137−7 applicable to air transportationcompanies; 25137−9 applicable to railroads; and25137−11 applicable to trucking companies.)

In recent years, private industry has begun transport-ing property, and ultimately, persons, into space forprofit. Therefore, a need has arisen for space transporta-tion businesses operating within California to apportiontheir income in order to compute their tax liabilities.Similar to the other transportation industries operatingin California, the standard allocation and apportion-ment provisions of UDITPA have proven difficult to ap-ply to this emerging business model. Consequently, theBoard has worked with industry to promulgate a specialindustry regulation similar to other transportation in-dustry regulations (trucking, railroad, air, and sea trans-portation) so that the apportionment of the income ofspace transportation companies fairly reflects the activ-ities of such businesses in this state. In addition the Stateof California has always prided itself on being in thetechnological forefront and the proposed tax regulationwill provide concrete evidence that the state activelyengages with industry to address emerging industries.

On July 12, 2016 the full three−member FranchiseTax Board reviewed draft proposed regulatory lan-guage and thereafter granted Board staff permission tomove forward with the formal regulatory process topromulgate a space transportation special industry reg-ulation. Since that meeting, Board staff has made sever-al small modifications to the text of the proposed regu-lation, the subject of this Notice. Those modifications,all to the text of proposed subsection 25137−15(g), aredetailed as follows: (1) The phrase “Applicable Date ofRegulation” replaces “Effective Date” in the title of thesubsection; (2) The words “applicable to” replace “ef-fective for”; and (3) The number “1” has been added be-tween “January 2016.” These changes are explainedfurther in the initial statement of reasons document forthis proposed rulemaking.

Anticipated Benefits from the Proposed Regulation

Proposed regulation 25137−15 provides specificguidance for space transportation industry companiesin how to determine the apportionment of their businessincome, and thus, clarity and certainty to taxpayers andthe state. Promulgating this regulation will allow spacetransportation companies to determine their tax liabili-ties with much higher degrees of certainty, reducing theneed for both audits and disputes that might follow. Re-ducing uncertain tax positions will have an immediatebenefit to taxpayers who will no longer have to antici-pate the financial and practical repercussions of report-ing their incomes according to uncertain or untested ap-plications of UDITPA.


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Consistency and Compatibility with Existing StateRegulations

During the process of developing this regulation, theBoard, pursuant to Government Code section 11346.5,subdivision (a)(3)(D), conducted a search of any simi-lar state regulations and has concluded that this regula-tion is neither inconsistent nor incompatible with anyexisting state regulations.

DISCLOSURES REGARDING THE PROPOSEDREGULATORY ACTION

Mandate on local agencies and school districts: None.Cost or savings to any state agency: By providing

clarity and reducing the need for audits and disputesbetween the department and taxpayers, the regulationmay save administrative costs for the Board. This costcannot be determined but is expected to be minor.

Cost to any local agency or school district which mustbe reimbursed under Part 7, commencing with Govern-ment Code section 17500, of Division 4: None.

Other non−discretionary cost or savings imposed up-on local agencies: None.

Cost or savings in federal funding to the state: None.Significant statewide adverse economic impact di-

rectly affecting business including the ability of Cali-fornia businesses to compete with businesses in otherstates:

Although the proposed regulation will directly affectbusinesses that do business within and without the stateof California, the Board concludes that the adverse eco-nomic impact, including the ability of California busi-nesses to compete with businesses in other states, willnot be significant.

Potential cost impact to directly affected private per-son or business:

The proposed regulation will have no impact on a pri-vate person. The Board is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

Effect on small business:The Board has determined that the proposed regula-

tion does not affect small businesses. Entities that arerequired to apportion their income and use this regula-tion for determining how to assign their sales from ser-vices and sales from intangible property are largemultistate businesses that do business both within thestate of California and outside the state of California.

Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACTASSESSMENT

In accordance with Government Code section11346.3(b), the Board has made the following assess-ments regarding the proposed regulation:

By promoting a favorable business climate for firmsin the aerospace industry, the proposed regulation islikely to positively affect the creation of California jobs,the creation of new businesses and the expansion of ex-isting California businesses. The Board does not antici-pate any elimination of jobs or elimination of existingbusinesses within California as a result of the proposedregulation. The proposal provides clear direction on ap-portionment of taxable income, and does not have anydirect impact on the health and welfare of Californiaresidents, worker safety and the state’s environment.


In accordance with Government Code section11346.5, subdivision (a)(13), the Board must determinethat no reasonable alternative it considered or that hasotherwise been identified and brought to the attention ofthe Board would be more effective in carrying out thepurpose for which the action is proposed, or would be aseffective and less burdensome to affected private per-sons than the proposed or action or would be more cost−effective to private persons and equally effective in im-plementing the statutory policy or other provision oflaw.

The Board invites interested persons to present state-ments or arguments with respect to alternatives to theproposed regulations during the written comment peri-od or at the scheduled hearing.

CONTACT PERSONS

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

Thomas Lo Grossman, Tax Counsel IIILegal Division MS A260Franchise Tax BoardP.O. Box 1720Rancho Cordova, CA 95741−1720Telephone: (916) 845−3629Email: [email protected]



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Christy KeithLegal Division MS A260Franchise Tax BoardP.O. Box 1720Rancho Cordova, CA 95741−1720Telephone: (916) 845−6080Email: [email protected]

Please direct requests for copies of the proposed text(the “express terms”) of the regulations, the initial state-ment of reasons, the modified text of the regulation, ifany, or other information upon which the rulemaking isbased to Ms. Keith at the above address or send the re-quest by email to [email protected].

AVAILABILITY OF TEXT OF PROPOSEDREGULATIONS, INITIAL STATEMENT OF

REASONS, AND RULEMAKING FILE

The Board will have the entire rulemaking file avail-able for inspection and copying throughout the rule-making process at its office at the above address. As ofthe date this notice is published in the Notice Register,the rulemaking file consists of this notice, the proposedtext of the regulation, and the initial statement of rea-sons. Copies can be obtained on the Board’s website atftb.ca.gov or by contacting Christy Keith at the address,phone number or email address listed above.


After holding the hearing and considering all timelyand relevant comments received, the Board may adoptthe proposed regulations substantially as described inthis notice. If the Board makes modifications that aresufficiently related to the proposed text, it will make themodified text (with the changes clearly indicated) avail-able to the public for at least 15 days before the Boardadopts the regulations as revised. Copies of the modifi-cations will be published on the Franchise Tax Board’swebsite at ftb.ca.gov and mailed to anyone that has ex-pressed an interest in receiving the modification infor-mation. Please send requests for copies of any modifiedregulations to the attention of Ms. Keith at the addressor email address indicated above. The Board will acceptwritten comments on the modified regulations for 15days after the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENTOF REASONS

Upon its completion, copies of the Final Statement ofReasons will be published on the Franchise Tax Board’swebsite at www.ftb.ca.gov and may also be obtained bycontacting Ms. Keith at the above address or email ad-dress.

AVAILABILITY OF DOCUMENTS ONTHE INTERNET

Copies of the Notice of Proposed Action, the InitialStatement of Reasons, and the text of the regulation inunderline and strikeout can be accessed through ourwebsite at www.ftb.ca.gov.

TITLE 25. DEPARTMENT OFHOUSING AND COMMUNITY

DEVELOPMENT

MANUFACTURED HOUSING PROGRAM

NOTICE IS HEREBY GIVEN that the CaliforniaDepartment of Housing and Community Development(HCD), proposes to permanently adopt existing emer-gency regulations governing the Fee and Tax WaiverProgram (Waiver Program) administered by HCD’sRegistration and Titling Program (R&T Program).

PUBLIC HEARING

A public hearing has been scheduled at which timeany interested party may present statements, verbal orwritten, about this proposed regulatory action. Thehearing will continue until all oral comments are re-ceived, and will be held as follows:Date: June 5, 2017

Location: Department of Housing and CommunityDevelopment

2020 W. El Camino, ConferenceRoom 402 a/b

Sacramento, CA 95833

Time: 9:00 a.m.Pre−hearing registration will be conducted prior to

the hearing. Those registered will be heard in order oftheir registration. Anyone else wishing to speak at thehearing will be afforded an opportunity after those reg-istered have presented their oral comments. The time al-lowed for each person to present oral comments may belimited if a substantial number of people wish to speak.


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Individuals presenting oral comments are requested,but not required, to submit a written copy of their state-ments. The hearing will be adjourned immediately fol-lowing the completion of the oral comments.

SUBMISSION OF WRITTEN COMMENTS

Any interested person, or his or her authorized repre-sentative, may submit written comments relevant to theproposed regulatory action to HCD. All written com-ments must be received by HCD at this office no laterthan 5:00 p.m. on June 5, 2017, in order to be consid-ered. Written comments may be submitted by mail,e−mail, or facsimile as follows:

By mail to: Department of Housing andCommunity Development

Division of Codes and StandardsP. O. Box 1407Sacramento, CA 95812−1407ATTN: AB 587 — Registration and

Titling Program

By e−mail to: [email protected]

By facsimile to: (916) 263−4712ATTN: AB 587 — Registration and Titling Program

PERMANENT ADOPTION OF REGULATIONS

Following the public comment period, HCD mayadopt the proposals substantially as described below ormay modify the proposals if the modifications are suffi-ciently related to the original text. With the exception ofminor technical or grammatical changes, the text of anymodified proposal will be available for at least 15 daysprior to its adoption from the contact person(s) desig-nated in this Notice, and will be mailed to those personswho have submitted written or oral testimony related tothis proposal or who have requested notification of anychanges to the proposal. HCD will accept written com-ments on the modified regulations during the 15−dayperiod.


Health and Safety Code section 18015 grants HCDthe authority to adopt regulations relating to titling andregistration of manufactured homes, mobilehomes, andcommercial modulars. The actual text of these statutesis available on the official California Legislative infor-mation website and at http://www.legislature.leginfo.ca.gov.

The purpose of these regulations is to implement, in-terpret, and make specific the provisions of Health andSafety Code (HSC) Section 18116.1 and Revenue andTaxation Code (RTC) Section 5832, relating to thewaiving of certain fees and taxes for past due annual re-newal fees and other outstanding charges due to the De-partment or outstanding property taxes due to the localcounty tax collectors.


Summary of Existing LawsHSC Section 18015 — Existing law makes titling

and registration of manufactured homes, mobilehomes,multifamily manufactured homes, and commercialmodulars adopted pursuant to Part 2 (commencing withsection 18000) of the Health and Safety Code, applica-ble to all parts of the state and supersedes conflicting lo-cal ordinances. It authorizes HCD to promulgate regu-lations to interpret and make specific the provisions ofthis part relating to titling and other related or specifi-cally enumerated activities. Under this authority, HCDproposes to permanently adopt the Fee and Tax WaiverProgram (Waiver Program) for mobilehomes and man-ufactured homes that were not properly registered and/or titled with the Department’s R&T Program.Summary of Existing Regulations

Existing law establishes two systems of fees and tax-es on mobilehomes and manufactured homes: LocalProperty Tax (LPT) and In−Lieu Tax (ILT). The LPTsystem is for homes first sold after July 1, 1980 forwhich taxes are paid to the applicable local tax collec-tor. The ILT system is for homes first sold prior to July1, 1980 for which owners pay annual registration re-newal fees directly to the Department.

Under current law, prior to transferring title of a man-ufactured home/mobilehome subject to LPT, a transfer-ee must obtain a Tax Clearance Certificate from thecounty tax collector’s office indicating that all out-standing taxes have been paid in full. Without this TaxClearance Certificate, the Department is unable totransfer ownership of a home. Under current law, theDepartment is unable to transfer ownership of ILT unitsor make amendments to a permanent title of record ifthere are delinquent fees and penalties.

Beginning January 1, 2017, AB 587 authorizes thetransfer of title under both the LPT and ILT systemswhen the transferee pays only those amounts of taxesand fees not waived by the new law. The amendmentsmade to HSC Section 18116.1 and RTC Section 5832establish stringent eligibility requirements subject toDepartment approval before the proper amount of taxesand fees may be waived and the title transferred to thenew record owner.


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Summary of Effect of Proposed Regulatory ActionThe purpose of these proposed regulations is to per-

manently establish requirements for the Fee and TaxWaiver Program, which allows owners of manufac-tured homes/mobilehomes to register the home into thecurrent homeowners’ name(s) and participate in theWaiver Program. This program will permit those home-owners who otherwise have not been able to transfer ti-tle of ownership to their names due to delinquent feesand taxes from previous owners and/or themselves. Ifapplicants complete the Waiver Program process, theWaiver Program will:� release all Department liens related to delinquent

fees/taxes;� waive all outstanding Department charges based

on certain dates as mandated by statute;� provide applicant(s) a conditional certificate of

title and record conditional ownership formanufactured homes/mobilehomes that aresubject to local property tax that will authorizeproperty tax waivers with the local county taxcollector;

� accept a tax liability certificate or a tax clearancecertificate issued to applicants that have beendeemed eligible for tax waiver from the county taxcollector;

� record the applicant(s) as the registered owner(s)once the requirements of registration with fee andtax waiver relief have been satisfied; and

� provide the approved registered owner with theappropriate registration and titlingdocumentation.

Those sections within Title 25, California Code ofRegulations (CCR), affected by this rulemaking (see“Summary of Sections Affected,” above), and the spe-cific purpose for each requirement in these proposedregulations is described in the Initial Statement ofReasons.

SECTIONS AFFECTED

The specific sections of 25 CCR, Division 1, Chapter5, to be permanently added by this proposed action areArticle 3.5, sections 5535, 5535.5, 5536, and 5536.5,

POLICY STATEMENT OVERVIEW

The R&T Program is responsible for the economicand orderly transfer of registration and titling of manu-factured/mobilehomes, commercial modular, floatinghomes and truck campers. In fulfilling this responsibili-ty, the R&T Program annually renews registrations forapproximately 121,000 manufactured homes and

39,000 commercial modulars; processes documenta-tion and performs other types of program transactions,transactional changes for 35,500 registrations includ-ing over 3,500 loan security filings; and maintainsrecords and files that establish the existence and owner-ship of manufactured homes, mobilehomes, commer-cial modulars, floating homes, and truck campers. Ad-ditional R&T Program responsibilities include continu-al updates to ownership or registrations, reportedamendments of registration and titling documents, andthe issuance of updated documents to the owners. TheR&T Program is also responsible for securing and per-fecting the security interest of manufactured homes/mobilehomes through its registration and titling systemand for the maintenance and upkeep of the initial report-ing documents that are individually imaged as perma-nent historical records.

HCD is proposing to adopt permanent regulations re-lating to the Manufactured Housing Act of 1980, sec-tions 18000 through 18153, to incorporate the Fee andTax Waiver Program.

ANTICIPATED BENEFITS OF THEPROPOSED ACTION

The objective of this regulation is to make it easier forunregistered homeowners to become properly regis-tered and titled without having to bear the full financialresponsibility of tax, fee and penalty arrears from for-mer delinquent owners. Once properly registered on ti-tle, a homeowner is able to obtain permits to repair haz-ards, dilapidations, mold and other defects harmful tohealth on the property, obtain property liability insur-ance to better protect themselves and others, and putthemselves in a better position to perfect their legal in-terest in the home.

EVALUATION OFINCONSISTENCY/INCOMPATIBILITY WITH

EXISTING STATE REGULATIONS

The Department evaluated whether there were anyother regulations concerning the Fee and Tax WaiverProgram and found that these are the only regulations inthis area. Therefore, the proposed regulations are nei-ther inconsistent nor incompatible with existing stateregulations.

SMALL BUSINESS IMPACT STATEMENT

Small businesses will not be affected by these regula-tions. (See “Cost Impact on Representative Private Per-son or Business” paragraph, below.)


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DISCLOSURES REGARDING THEPROPOSED ACTION

Mandate on local agencies and school districts:NONE.

Costs or savings to any state agency: NONE.Costs or savings to local agencies or school districts

which must be reimbursed in accordance with Part 7(commencing with Section 17500) of Division 4 of theGovernment Code: NONE.

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

Costs or savings in federal funding to the state:NONE.

Significant effect on housing costs: SOME.

BUSINESS IMPACTS

The. Department has made an initial determinationthat the proposed adoptions will not have a significantstatewide adverse economic impact directly affectingCalifornia businesses, including the ability of Califor-nia businesses to compete with businesses in otherstates. However, there exists the need to adopt theseregulations to alleviate a potential adverse economicimpact on business. If homeowners do not properly reg-ister their homes, they are prohibited from obtainingpermits to repair their homes; thus affecting licensedcontractors and home improvement businesses and re-tail stores.

COST IMPACT ON REPRESENTATIVE PRIVATEPERSON OR BUSINESS

HSC Section 18611.1 establishes the Waiver Pro-gram, which waives a portion of the specified Depart-ment taxes and fees due upon transfer of a manufacturedhome/mobilehome based on the date the title or interestin the home was transferred to the applicant or Decem-ber 31, 2016, whichever is later. RTC Section 5832 es-tablishes a property tax waiver program in which the ap-plicant will pay only the taxes reasonably owed fromthe date of sale that is shown on the conditional certifi-cate of title. The Department anticipates an increase inregistration applications that must be individually re-viewed and processed as a result of these statutorychanges, culminating in an overall increase in home-owners registered with the Department.

These regulations will have no significant cost to pri-vate businesses. The new regulations encourage regis-tration of manufactured homes/mobilehomes. If a busi-ness (such as a mobilehome park) owns a manufacturedhome/mobilehome, it will be able to register one homeunder this new program and obtain the benefit of

waived taxes or fees. Once a homeowner obtains regis-tration, that homeowner will be able to obtain permitsfor repairs, thus benefitting licensed contractors andhome improvement businesses and retail stores. Home-owners will also be able to obtain property and liabilityinsurance on their home, thus benefitting insuranceagents and companies. In addition, those applicantswho cannot obtain releases from existing (often old)lenders and lienholders will have to pay off those loansand liens before their home can be properly registered.This may generate revenue for the lenders and lienhold-ers. Since the secured status of existing mobilehomes isso varied, it is impossible to estimate the amount of re-payments that may be made.

On the other hand, if the regulations are not approved,there will be significant negative impacts on business-es. The lack of a systematized process for the WaiverProgram will affect the current R&T Program by se-verely impacting the Department’s ability to assist theother 40,000 owners of manufactured homes/mobile-homes and other types of units who seek timely transac-tion assistance. These applications, in addition to theWaiver Program applications, will be delayed by thecase−by−case processing afforded by AB 587.

Specifically, manufactured home/mobilehome own-ers will not be able to sell or buy their units, obtain fi-nancing, demonstrate full payment, or add spouses andother family members to the unit’s ownership. The cur-rent owner of an unregistered home will have to contin-ue paying loan payments on that home until the newbuyer is registered. In many cases, a manufacturedhome is moved into an empty lot in a mobilehome park,but cannot be moved or occupied until registration iscomplete, resulting in the loss of rent payments to mo-bilehome park owners. Buyers of existing manufac-tured homes/mobilehomes that are not properly regis-tered will not be able to obtain permits for repairs or im-provements until registration is complete, thus expos-ing them to hazards and reducing potential business forcontractors and home improvement businesses. There-fore, the necessity of efficient operation of the AB 587Waiver Program commencing January 1, 2017, affectsthe financial health and safety of more than 40,000owners of manufactured homes and businesses that relyon them.

The Department anticipates that there will be little tono new costs to individuals in the private sector due tothese regulations. These regulations make it easier for ahomeowner who is not properly recorded on title withthe Department to become the recorded owner, reduc-ing the financial burden of the previous owners’ unpaidtaxes and arrears. On the other hand, there will be coststo applicants who are confronted with an existing loanor lien on their home; if so, they will have to complywith existing regulations. If they cannot obtain satisfac-


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tion or waiver, they will have to pay off the existing loanor lien or, in some cases, they can bond around and elim-inate the liens if the liens are not from financial institu-tions (although this costs the applicant approximatelyten percent of the amount of the lien as a bond fee). Thehomeowner also benefits financially by being able tosell his or her home at full value, since title can be trans-ferred, rather than “underground” sales that do not in-clude actual title and promote fraudulent sales. Howev-er, as noted above, there will be significant costs to pri-vate individuals if these regulations are not adopted.Due to the varied nature of all ownerships, it is impossi-ble to estimate the amounts of these private costs.

While there will be some applicant costs involved inapplying for and receiving Department approval forregistration, no new fees are being added and existingrequirements are incorporated in the process. Instead,the monetary responsibility on an applicant is dramati-cally reduced from participation in the Waiver Pro-gram. The Department has estimated that the WaiverProgram will generate approximately 40,000 additionalapplications, with approximately 16,000 submitted inthe first year. It is reasonable to assume that after theWaiver Program ends, the number of homeowners thatare properly registered and pay their annual renewals orproperty taxes will substantially increase. If the appli-cation is submitted during the first year of the WaiverProgram, the applicant would only owe one year of De-partment fees; if the application is submitted during thethird year of the Waiver Program, the applicant wouldowe three years of Department renewal fees. ThisWaiver Program will dramatically reduce the amount offees owed by a homeowner not currently registeredwith the Department.

Based on a 2013 Department survey, approximately126,000 manufactured homes/mobilehomes subject toDepartment annual registration renewal fees were cur-rent for the year. In contrast, there were approximately97,000 manufactured homes/mobilehomes that hadDepartment registration fee liens of which a small por-tion could benefit from this Waiver Program. The largerportion of that number is likely to be homes that did notremember to pay their registration renewal. In 2014, ap-proximately 4,500 manufactured home/mobilehomerenewals expired with an outstanding amount due of$3.5 million. The cumulative outstanding amount forall manufactured homes/mobilehomes in which regis-tration renewal is delinquent through 2014 is approxi-mately $51.5 million.

The proposed regulations relate to registration prac-tices of homes and do not impact the core service pro-vided by manufacturers or dealers of manufacturedhomes/mobilehomes, or mobilehome park managers,except to the extent noted above if the regulations arenot approved.

Furthermore, existing businesses will not be elimi-nated as the registration requirements and fees imposedon applicants seeking registration with the Departmentare minor and absorbable. There is no indication thatthese regulations will result in any job creation or joblosses outside of the Department. The Department an-ticipates that the fees generated from participation inthis Waiver Program will be sufficient to cover Depart-ment costs, including increasing staff and overhead toprocess additional applications. For example, a typicaltransfer for a manufactured home/mobilehome subjectto local property taxation will cost $101 for a double−wide home and $73 for a single−wide home. The ratiobetween homes subject to in−lieu tax versus local prop-erty tax is 2:3. The Department anticipates that a total of40,000 applications will be submitted to begin theWaiver Program and anticipates that 26,400 of those ap-plications will be for outstanding local property tax onmanufactured homes.

However, due to the complexities of the existing reg-istration process and the necessity to pay off existingprivate loans and liens or bond around them, the Depart-ment anticipates that only 30 percent of the manufac-tured homeowners with outstanding fees will completethe process and obtain registration. Although the ratioof triple− to double− to single−wide homes is unknown,the double−wide home is the most common. If all com-pleted applications are assumed to be single−widetransfers, the Department can anticipate an additional$5.97 million in additional revenue over the three−yearperiod from Department fees related to homes regis-tered under the Waiver Program.

While these regulations have some impact on the costto register and title a home properly, the process doesnot have any direct effect on the actual value of a home.However, completing the registration process throughthe Waiver Program allows for a substantial waiver ofdelinquent fees/taxes and immediately increases thehomeowner’s equity. Once properly recorded on title, ahomeowner can sell the home at full value and title canbe properly transferred.

RESULTS OF THE ECONOMICIMPACT ANALYSIS

The Department has determined that this regulatoryproposal will not have a significant impact on the cre-ation or elimination of jobs in the State of California,and will not result in the elimination of existing busi-nesses nor create or expand business in the State ofCalifornia.

Benefits of the Proposed Action: The proposed regu-lation will benefit California manufactured home/mobilehome homeowners who are now able to registertheir homes because they will be able to obtain permits


587

to repair hazards, dilapidations, mold and other defectsharmful to health and safety on the property, obtainproperty liability insurance to better protect themselvesand others, and put themselves in a better position toperfect their legal interest in the home. It is even possi-ble that this may lead to a slight increase of construc-tion/repair jobs.


The Department must determine that no alternativeit considered or that has otherwise been identified andbrought to its attention would be more effective in car-rying out the purpose for which the action is proposed,would be as effective and less burdensome to affectedprivate persons than the proposed action, or would bemore cost−effective to affected private persons andequally effective in implementing the statutory policyor other provision of law.

The proposal merely implements the new law by cre-ating a systematic and orderly implementation of theWaiver Program coupled with a systematized forms−based process that ensures compliance with the new lawand protects the fiscal interests of both the state and lo-cal property tax collectors in order to avoid negligenceor fraud in the requests for tax and fee waivers.

AVAILABILITY OF DOCUMENTS ANDCONTACT PERSON

HCD has prepared an Initial Statement of Reasons forthe proposed regulatory action and has available all theinformation upon which the proposal is based. Copiesof the exact language of the proposed regulations, theInitial Statement of Reasons, the rulemaking file, theFinal Statement of Reasons (when available) and otherinformation, if any, may be obtained upon request fromHCD at the following location or from the contact per-son listed below:

Department of Housing and Community Development

Division of Codes and Standards2020 W. El Camino, Room 250Sacramento, CA 95833

Fax (916) 263−4712

In addition, the Notice, the exact language of the pro-posed regulations, and the Initial Statement of Reasonsmay be found on the Department’s website at the fol-lowing address:

http://www.hcd.ca.gov/

Questions regarding the regulatory process may bedirected to:

Ruth Ibarra, Associate GovernmentalProgram Analyst

Telephone Number: (916) 263−3262Fax: (916) 263−4712E−mail: [email protected]

Carrie Paine, Staff Services Manager ITelephone Number: (916) 263−3282Fax: (916) 263−4712E−mail: [email protected]

Written comments may be submitted by any of thefollowing methods:

By mail to: Department of Housing andCommunity Development

Division of Codes and StandardsP. O. Box 1407Sacramento, CA 95812−1407ATTN: AB 587 — Registration

and Titling Program

By e−mail to: [email protected]

By facsimile to: (916) 263−4712ATTN: AB 587 — Registration and Titling Program

GENERAL PUBLIC INTEREST

CALIFORNIA DEPARTMENT OFPUBLIC HEALTH

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

ACTION: NOTICE OF ADVISORYCOMMITTEE MEETING FOR THE FFY 2017 STATE PLAN

SUBJECT: Notice is given that the PreventiveHealth and Health Services Block Grant (PHHSBG)Advisory Committee (AC) will meet on May 10, 2017from 1:00 p.m. to 3:00 p.m. PDT to discuss the approvalof the PHHSBG State Plan, California’s application forFederal Fiscal Year (FFY) 17/18 (July 1, 2017−June 30,2018).

The Centers for Disease Control and Prevention(CDC) anticipates making funds available to the Cali-fornia Department of Public Health (CDPH) for the de-


588

velopment and implementation of programs and activi-ties to decrease the morbidity and mortality that resultfrom preventable disease and injury. The purpose of theAC Meeting is to obtain feedback and AC approval ofthe FFY 2017 PHHSBG State Plan, which identifies allprogram activities to be supported by these funds dur-ing FFY 17/18.

Notice is hereby given that CDPH will hold an ACMeeting commencing at 1:00 p.m. and ending at 3:00p.m. PST on Wednesday, May 10, 2017, in Room74.463 (Kings River Round Conference Room), 1616Capitol Avenue, Sacramento, California, at which timethe AC will discuss and receive comments on the FFY2017 State Plan. Members of the public are invited to at-tend this meeting, provide oral comments during themeeting, and/or written comments after the meeting.Any person may present statements or arguments orallyor in writing relevant to the action described in this no-tice. If you plan to attend the AC Meeting, please bringidentification so you can be admitted into the buildingby the security guard.

WEBINAR: Please register for the PHHSBG ACMeeting, scheduled on May 10, 2017 from 1:00p.m.−3:00 p.m. PST at: https://attendee.gototraining.com/r/7472051606262859778. It is highly recom-mended that attendees register early. After registeringyou will receive confirmation e−mail containing infor-mation about joining the webinar. Please contact (916)552−9900 if you experience technical difficulties.

AGENDA: The Agenda will be available for reviewat 1616 Capitol Avenue, Sacramento, California, from9:00 a.m.−5:00 p.m. PST, April 26, 2017 through May10, 2017. The Agenda will also be available on the fol-lowing website: The California Department of PublicHealth from 9:00 a.m. PST−5:00 p.m. PST, April 26,2017 through May 10, 2017.

AVAILABILITY OF INFORMATION FOR RE-VIEW: This Notice will be made available in appropri-ate alternative formats, upon request by any person witha disability as required by Section 202 of the Americanswith Disabilities Act of 1990 (42 USC Sec. 12132), andthe applicable federal rules and regulations. CDPHmust receive any requests for such information by May3, 2017.

The Chronic Disease Control Branch, CDPH, mustreceive any written statement or arguments by 5:00p.m. May 11, 2017, which is hereby designated as theclose of the written comment period. It is requested, butnot required, that written statements or arguments besubmitted in triplicate.

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., May 3, 2017, through May 10, 2017.

The Documents will also be available on the follow-ing website: https://www.cdph.ca.gov/programs/cdcb/Pages/CaliforniaPreventiveHealthandHealthServicesBlockGrant(PHHSBG).aspx from 8:00 a.m. to5:00 p.m., from May 3, 2017, through May 10, 2017.

CONTACT

Inquiries concerning the action described in this no-tice may be directed to Becca Parks at (916) 449−5536or [email protected] or the CDCB at (916)552−9900 or [email protected]. In any such in-quiries, please identify the action by using the Depart-ment Control letters “PHHSBG.”

RULEMAKING PETITIONDECISION

DEPARTMENT OF WATER RESOURCES

U.S. AND ELECTRONIC MAIL

Mr. Stephen WellsExecutive DirectorAnimal Legal Defense Fund525 E. Cotati Avenue Cotati, California 94931

Decision on Rulemaking Petition to Regulate theUnreasonable Use of Water by Animal Agriculture

Dear Mr. Wells:The Department of Water Resources (DWR) re-

ceived and considered the Animal Legal DefenseFund’s (ALDF) petition for rulemaking dated Novem-ber 10, 2016 (Petition). The Petition requests:1. With respect to management of the state’s surface

waters, that the State Water Resources ControlBoard (SWRCB), Division of Water Rights:


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a) Issue a resolution establishing, inconsideration of the public interest pursuantto Water Code §1257, a moratorium on theissuance of new permits or registration, ormodifications of existing permits orregistration, for appropriative water rights,including livestock stock ponds, dams, andother water impoundment registrations, forthe expansion of any existing AFO [animalfeeding operations] or creation of any newAFO.

b) Issue a notice of curtailment on the directdiversion of surface waters over which theBoard exercises authority for the expansionof any existing AFO and for the creation ofany new AFO.

2. With respect to local groundwater managementplans, that the DWR, pursuant to the SustainableGroundwater Management Act, require that anylocal sustainable groundwater management plansinclude a moratorium on the expansion of anyexisting AFO or the creation of any new AFOwithin the jurisdiction of the plan.

3. That the DWR and SWRCB convene an advisorygroup for the purpose of evaluating andunderstanding the long−term impact of thedrought on the sustainability of California animalagriculture.

DWR appreciates the ALDF’s interest in water useefficiency and issues this decision on the Petition ac-cording to Government Code section 11340.7.

Section 11340.7 requires a decision on a petition forrulemaking to identify (1) the agency, (2) the party sub-mitting the petition, (3) the provisions of the CaliforniaCode of Regulations requested to be affected, (4) refer-ence to authority to take the action requested, (5) thereasons supporting the agency determination, (6) anagency contact person, and (7) the right of interestedpersons to obtain a copy of the petition from the agency.

Agency Responding to the Petition

DWR hereby responds to the Petition, which seeks adecision on the rulemaking request from the SWRCB,and from the Director of DWR.

ALDF submitted copies of the Petition to DWR bymail on November 9, 2016. The correspondence wasunfortunately insufficiently addressed and was there-fore not forwarded properly for review. On December20, 2016, ALDF sent a follow−up inquiry to the Direc-tor of DWR. On December 30, 2016, DWR contactedALDF to advise of the delayed receipt and ongoing re-view. As DWR’s staff counsel assigned to this matter,Catherine Cavanaugh informed Stefanie Wilson by

email on January 25, 2017, DWR was denying the Peti-tion as the requested action exceeds DWR’s statutoryauthority. Notice was further given that formal noticewould be sent to your attention.

Petitioner

Stephen Wells, Executive Director, submitted the Pe-tition on behalf of the Animal Legal Defense Fund.

California Code of Regulations Requested to beAffected

The Petition does not request amendment to any spe-cific regulation. Rather the request is for the issuance ofa moratorium on the approval of new appropriativerights permits and water impoundment structures fornew or existing AFOs; issuance of immediate curtail-ment notices for existing surface water rights holders ondiversion of surface water for any use related to expan-sion of an AFO or creation of a new AFO; the inclusionof local moratoria on the use of groundwater related tothe expansion of any existing or new AFO in theforthcoming Groundwater Sustainability Plans for highand medium priority basins; and the convening of an ad-visory group on the future of animal agriculture in Cali-fornia.

Authority to Take the Action Requested

Petitioner contends the State Constitution, WaterCode, and common law empower the state to regulatethe use of water by animal agriculture. With regard tothe State Constitution, specifically the doctrine of rea-sonable use derived from Article X, Section 2. Petition-er further asserts DWR’s authority under Water Code§10727.4, Water Code §10733.2, and GovernmentCode §65350.5. Further authority for requested actionis alleged to be found at Water Code §10720.1(b),§10720.7, §10735.2(3) and (5), and §10735.4.

Agency Determination and Supporting Reasons

Upon considering the Rulemaking Petition, DWRdenies the Petition for the reasons that follow:

The Petition requests specific actions by theSWRCB. As to those requests, a moratorium on ap-proval of new appropriative rights permits and waterimpoundment for new or expanding AFOs and curtail-ment on diversion of surface water for new AFOs or ex-pansion of existing AFOs, DWR defers to the responseof the SWRCB.

The Petition further asserts, relative to GroundwaterManagement, that the State Constitution, Water Code,and common law empower the state to regulate the useof water by animal agriculture. Petitioner requestsDWR exercise its authority under Water Code§10727.4, Water Code §10733.2, and GovernmentCode §65350.5 and issue a clarification of its emergen-cy regulations (issued in July, 2016) providing that:


590

Any adoption or substantial amendment of anycounty’s general plan shall include a moratoriumon the approval, permitting, conversion of land,and new development or use dependent on a wellthat would operate to increase the totalconsumption of groundwater at a site, where anyof the foregoing is for the purpose of expansion ofany existing AFO or creation of a new AFO.

In the alternative, Petitioner requests that “the De-partment instruct the Board” that unless a GSP includesa moratorium on the use of groundwater for the creationof a new AFO or expansion of an existing AFO, it shallbe deemed insufficient and subject to the state interven-tion authority.

While DWR appreciates ALDF’s concerns, the re-quested actions exceed DWR’s statutory authority. TheSustainable Groundwater Management Act (SGMA)directs DWR to adopt regulations for evaluatingGroundwater Sustainability Plans. SGMA is specificregarding the content of those regulations. The regula-tions are required to “identify the necessary plan com-ponents specified in Sections 10727.2, 10727.4, and10727.6 and other information that will assist localagencies in developing and implementing groundwatersustainability plans and coordination agreements” and“identify appropriate methodologies and assumptionsfor baseline conditions concerning hydrology, waterdemand, regulatory restrictions that affect the availabil-ity of surface water, and unreliability of, or reductionsin, surface water deliveries to the agency or water usersin the basin, and the impact of those conditions onachieving sustainability.” (Water Code section10733.2) DWR is not directed to pass judgment on therelative merits of any particular use of water.

ALDF has further requested that DWR and theSWRCB convene an advisory group on the future of an-imal agriculture. DWR has established communicationpathways between stakeholder organizations throughthe implementation of advisory groups. For additionalinformation on the advisory groups and the Non−Governmental Organization Advisory Group contact,you are invited to visit

http://www.water.ca.gov/groundwater/sgm/advisory.cfm

Agency Contact Person

Catherine Cavanaugh, Senior Staff Counsel in theOffice of the Chief Counsel, is DWR’s contact personfor any inquiries involving the Petition and this deci-sion. She is available at [email protected], (916) 654−9822, or California Depart-ment of Water Resources, 1416 Ninth Street, Room1104−2C, P.O. Box 942836, Sacramento, California94236−0001.

Availability of Petition Any interested person may request and obtain a copy

of the Petition from Ms. Cavanaugh as specified above.Thank you for your contact with DWR. If you have

any questions or concerns, please contact Ms.Cavanaugh using the above−listed contact information.Sincerely,/s/William A. CroyleActing Director, Department of Water Resources

DETERMINATIONOAL REGULATORY

OFFICE OF ADMINISTRATIVE LAW

DETERMINATION OF ALLEGEDUNDERGROUND REGULATION

(Summary Disposition)

(Pursuant to Government Code Section 11340.5and

Title 1, section 270, of theCalifornia Code of Regulations)

The attachments are not being printed for practicalreasons or space considerations. However, if youwould like to view the attachments please contactMargaret Molina at (916) 324−6044 [email protected].

DEPARTMENT OF CORRECTIONS ANDREHABILITATION

Date: April 10, 2017

To: Louis DeBose

From: Chapter Two Compliance Unit

Subject: 2017 OAL DETERMINATION

NO. 1 (S)

(CTU2017−0210−01)

(Summary Disposition issuedpursuant to Gov. Code, sec. 11340.5; Cal.Code Regs., tit. 1, sec. 270(f))Petition challenging as an undergroundregulation, California Department ofCorrections and Rehabilitation’s Strategic Offender Management System (SOMS)

On February 10, 2017, the Office of AdministrativeLaw (OAL) received your petition asking for a determi-


591

nation as to whether the California Department of Cor-rections and Rehabilitation’s use of the Strategic Of-fender Management System (SOMS) in lieu of the hardcopy Rules Violation Report (CDC 115) constitutes anunderground regulation.

In issuing a determination, OAL renders an opiniononly as to whether a challenged rule is a “regulation” asdefined in Government Code section 11342.600,1

which should have been, but was not adopted pursuantto the Administrative Procedure Act (APA). Nothing inthis analysis evaluates the advisability or the wisdom ofthe underlying action or enactment.

If a rule meets the definition of a regulation in Gov-ernment Code section 11342.600, but was not adoptedpursuant to the APA, it may be an “underground regula-tion” as defined in California Code of Regulations, title1, section 250 (a):

“Underground regulation” means anyguideline, criterion, bulletin, manual,instruction, order, standard of generalapplication, or other rule, including a rulegoverning a state agency procedure, that is aregulation as defined in Section 11342.600 ofthe Government Code, but has not beenadopted as a regulation and filed with theSecretary of State pursuant to the APA and isnot subject to an express statutory exemptionfrom adoption pursuant to the APA.[Emphasis added.]

The SOMS challenged by you was duly adopted byCDCR pursuant to Penal Code section 5058.3. It wassubmitted to OAL by the Secretary of CDCR as anemergency by operational necessity (OAL file number2016−0513−02 EON). It was approved by OAL andfiled with the Secretary of State on June 2, 2016, effec-tive June 2, 2016. A Certificate of Compliance for theemergency rulemaking was timely submitted by CDCRto OAL on November 7, 2016 (OAL file number2016−1107−02). The Certificate of Compliance certi-fied that CDCR complied with Government Code sec-tions 11346.2 through 11347.3, inclusive, of the APA.The Certificate of Compliance was reviewed and ap-proved by OAL and filed with the Secretary of State onDecember 22, 2016, effective the same day.

Therefore, the SOMS was duly adopted pursuant tothe APA. A rule that was duly adopted by a state agencypursuant to the APA and filed with the Secretary of Statedoes not constitute an underground regulation.

1“Regulation” means every rule, regulation, order, or standard ofgeneral application or the amendment, supplement, or revision ofany rule, regulation, order, or standard adopted by any stateagency to implement, interpret, or make specific the law enforcedor administered by it, or to govern its procedure.

For the reasons discussed above, we find that the rulechallenged by your petition is not an underground regu-lation.2

The issuance of this summary disposition does not re-strict your right to adjudicate the alleged violation ofsection 11340.5 of the Government Code.

/s/Debra M. CornezDirector

/s/Elizabeth A. HeidigAssistant Chief CounselCopy: Scott Kernan, CDCR

Timothy Lockwood, CDCR

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

2 The rule challenged by your petition is the proper subject of asummary disposition letter pursuant to title 1, section 270 of theCalifornia Code of Regulations. Subdivision (f) of section 270provides:

(f)(1) If facts presented in the petition or obtained by OAL dur-ing its review pursuant to subsection (b) demonstrate to OALthat the rule challenged by the petition is not an undergroundregulation, OAL may issue a summary disposition letter stat-ing that conclusion. A summary disposition letter may not beissued to conclude that a challenged rule is an undergroundregulation.(2) Circumstances in which facts demonstrate that the rulechallenged by the petition is not an underground regulation in-clude, but are not limited to, the following:(A) The challenged rule has been superseded.(B) The challenged rule is contained in a California statute.(C) The challenged rule is contained in a regulation thathas been adopted pursuant to the rulemaking provisions ofthe APA.(D) The challenged rule has expired by its own terms.(E) An express statutory exemption from the rulemaking pro-visions of the APA is applicable to the challenged rule.[Emphasis added.]


592

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 that 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 other highpriority complaints in regulation.

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

File# 2017−0222−01CALIFORNIA HIGHWAY PATROLInhalation Hazard Shipment; Routes and Safe Stops

This action amends the list of safe stops for highwaycommercial vehicles transporting inhalation hazards.

Title 13AMEND: 1157.21Filed 04/06/2017Effective 07/01/2017Agency Contact: Tian−Ting Shih (916) 843−3400

File# 2017−0329−01CALIFORNIA SCHOOL FINANCE AUTHORITYCalifornia School Facility Grant Program

This emergency rulemaking action by the CaliforniaSchool Finance Authority (Authority) implements reg-ulations to govern administration of the Charter SchoolFacility Grant Program, under which the Authority ad-ministers approximately $112,000,000 in general fundassistance to charter schools for facilities rent and leasecosts.

Title 4AMEND: 10170.3, 10170.8, 10170.9, 10170.10,10170.14Filed 04/10/2017Effective 04/10/2017Agency Contact: Katrina Johantgen (213) 620−2305

File# 2017−0330−02DEPARTMENT OF FISH AND WILDLIFEDesignated Forage Fish Species or Species Groups

This action adopts regulations to conform state regu-lations to federal regulations designating a list of foragefish species and prohibiting directed commercial fish-ing of those species. The action is one governing phasesof the taking of fish and is exempt from the APA pur-suant to Fish and Game Code section 7652.

Title 14ADOPT: 111Filed 04/12/2017Effective 04/15/2017Agency Contact: Craig Martz (916) 653−4674

File# 2017−0404−02DEPARTMENT OF FOOD AND AGRICULTUREAsian Citrus Psyllid Interior Quarantine

This emergency action by the Department of Foodand Agriculture expands the quarantine area for theAsian Citrus Psyllid (“ACP”) (Diaphorina citri) by ap-proximately 39 square miles in the Delano area of KernCounty in response to the identification of one adultACP on March 6, 2017. The expansion of the quaran-tine area results in combining the Northern Boundaryquarantine with the Delano, Taft, Shafter, Buttonwil-low, Bakersfield, Mettler, Maricopa, and Wasco areaquarantine and relettering within subsection3435(b)(1). This emergency action provides authorityfor the state to perform quarantine activities againstACP within these areas.

Title 3AMEND: 3435(b)Filed 04/07/2017Effective 04/07/2017Agency Contact: Sara Khalid (916) 403−6625

File# 2017−0224−01PUBLIC EMPLOYEES’ RETIREMENT SYSTEMPublic Comment

This rulemaking by the California Public Employ-ees’ Retirement System adopts regulations governingpublic comment procedures for meetings subject to theBagley−Keene Open Meeting Act (Government Codesec. 11120 et seq.).


593

Title 2ADOPT: 552.1Filed 04/10/2017Effective 07/01/2017Agency Contact: Anthony Martin (916) 795−9347

File# 2017−0316−01STATE WATER RESOURCES CONTROL BOARDDrinking Water Fee Regulations

The State Water Resources Control Board in this re-submittal (2016−1115−01S) is adopting three sectionsin title 22 of the California Code of Regulations. Thesenew regulations establish a fee schedule for annual feesthat must be paid by all public water systems. The regu-lations establish how the fee will be calculated and thedue date for the payment of the fees. Additionally, theseregulations provide that water systems serving disad-vantaged communities may receive a reduction in theannual fee.

Title 22ADOPT: 64300, 64305, 64310, 64315Filed 04/10/2017Effective 04/10/2017Agency Contact: Catherine Ewing (916) 440−7769

CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN November 9, 2016 TOApril 12, 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

04/10/17 ADOPT: 552.103/27/17 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, 227102/16/17 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 304/07/17 AMEND: 3435(b)04/04/17 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, 820.4,820.5, 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)


594

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)

Title 404/10/17 AMEND: 10170.3, 10170.8, 10170.9,

10170.10, 10170.1403/14/17 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: 610

12/22/16 ADOPT: 8078.15, 8078.16, 8078.17,8078.18, 8078.19, 8078.20, 8078.21

12/15/16 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, 15431.1,15471, 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, 4717


595

02/13/17 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 1304/06/17 AMEND: 1157.2102/22/17 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: 1239

Title 1404/12/17 ADOPT: 11104/03/17 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: 63202/07/17 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: 670.5


596

11/17/16 AMEND: 670.511/15/16 AMEND: 1104.111/15/16 ADOPT: 13111/10/16 AMEND: 300, 311, 745.5

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, 1751.4

03/14/17 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, 1571

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, 5100212/05/16 ADOPT: 100504

Title 1803/17/17 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


597

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 2204/10/17 ADOPT: 64300, 64305, 64310, 6431503/27/17 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, 87706

Title 2303/16/17 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, 2200.9

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: 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, 47−420