Time- Dated Material · enroll in one basic or one supplemental plan, employees and annuitants are...

DECEMBER 23, 2016REGISTER 2016, NO. 52−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

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

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PROPOSED ACTION ON REGULATIONSTITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict−of−Interest Code — Notice File No. Z2016−1213−05 2169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .AmendmentMulti−County: North Marin Water District

TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEMClarification of Combination Enrollments — Notice File No. Z2016−1213−03 2170. . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTIONSafety Element Review, 2017 — Notice File No. Z2016−1213−02 2172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSIONDeer Tagging and Reporting— Notice File No. Z2016−1213−12 2175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSIONLivermore Tarplant — Endangered Species Listing — Notice File No. Z2016−1213−08 2177. . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSIONMammal Hunting — Notice File No. Z2016−1213−10 2180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSIONWaterfowl — Notice File No. Z2016−1213−11 2189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATIONSupervision of Parolees — Notice File No. Z2016−1212−01 2193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTERESTFISH AND GAME COMMISSIONCoast Yellow Leptosiphon Candidate Species 2197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FISH AND GAME COMMISSIONUse of Dogs for Pursuit/Take of Mammals 2197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) 888-3600. “Periodicals Postage Paid in Saint Paul, MN.” POSTMASTER:Send address changes to the: CALIFORNIA REGULATORY NOTICE REGISTER, Barclays, a subsidiary of West, a ThomsonReuters Business, P.O. Box 2006, San Francisco, CA 94126. The Register can also be accessed at http://www.oal.ca.gov.

PROPOSITION 65

OFFICE OF ENVIRONMENT HEALTH HAZARD ASSESSMENTProposition 65 Basis Change — Chloroform Notice 2197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DECISION NOT TO PROCEED

BOARD OF FORESTRY AND FIRE PROTECTIONDecision Not to Proceed Concerning Safety Element Review, 2017 (Previously Published in Notice Register No. 2016, 44−Z) 2198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 2198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sections Filed, July 13, 2016 to December 14, 2016 2200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 52-Z

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PROPOSED ACTION ONREGULATIONS

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

not edited by Thomson Reuters.

TITLE 2. FAIR POLITICALPRACTICES COMMISSION

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

CONFLICT−OF−INTEREST CODES

AMENDMENT

MULTI−COUNTY: North Marin Water DistrictA written comment period has been established com-

mencing on December 23, 2016, and closing on Febru-ary 6, 2017. Written comments should be directed to theFair Political Practices Commission, Attention IvyBranaman, 428 J Street, Suite 620, Sacramento, Cali-fornia 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.

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 February 6. 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 Ivy Branaman, FairPolitical Practices Commission, 428 J Street, Suite 620,Sacramento, California 95814, telephone (916)322−5660.

AVAILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES

Copies of the proposed conflict−of−interest codesmay be obtained from the Commission offices or the re-spective agency. Requests for copies from the Commis-


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sion should be made to Ivy Branaman, 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 after consideringpublic comments, objections, or recommendations.

I. PROPOSED REGULATORY ACTION

In this filing, the Board proposes to amend Title 2 ofthe California Code of Regulations (CCR) § 599.502,subdivision (g), paragraph (4). The proposed regula-tions would clarify the rules under which members in acombination enrollment enroll in a basic or supplemen-tal health plan and when they may enroll in basic andsupplemental plans offered by one or more differentcarriers.

II. WRITTEN COMMENT PERIOD

Any interested person may submit written commentsrelevant to the proposed regulatory action. The writtencomment period has been established commencing De-cember 23, 2016 and closing at 5:00 p.m. February 6,2017. The Regulations Coordinator must receive allwritten comments by the close of the comment period.Comments may be submitted via Fax at (916)795−4607; via E−mail at [email protected] or mailed to the followingaddress:

Anthony Martin, Regulations Coordinator California Public Employees’ Retirement System P.O. Box 942702 Sacramento, CA 94229−2702Phone: (916) 795−9347

III. PUBLIC HEARING

Pursuant to Government Code (GC) § 11346.8, theBoard has not scheduled a public hearing on this matter.However, if an interested person, or his or her duly au-thorized representative, submits in writing to theCalPERS Regulations Coordinator a request for a pub-lic hearing at least 15 days prior to the close of the writ-ten comment period, January 23, 2017, a public hearingshall be scheduled before the CalPERS Pension &Health Benefits Committee. Notice of the time, date,

and place of the hearing will be provided to every per-son who 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 RegulationsCoordinator.

V. AUTHORITY AND REFERENCE

The Board has authority to take regulatory action un-der GC § 20121 and § 22796.

Reference citation: GC § 22793, § 22844, §22850,and §22860.

VI. INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Under current Public Employees’ Medical and Hos-pital Care Act (PEMHCA) regulations, employees andannuitants are required to enroll themselves and familymembers into one basic or supplemental plan. Wherethe eligibility rules do not allow for all of the parties toenroll in one basic or one supplemental plan, employeesand annuitants are required to enroll themselves andtheir family members into only one basic plan and intoonly one supplemental plan offered by one or more dif-ferent carriers. These regulations may be susceptible tomultiple interpretations regarding combination enroll-ments. As currently written, the regulations could be in-terpreted as allowing members in combination enroll-ments to enroll in plans provided by different carrierswhen in fact this option is not, and never has been avail-able. This rulemaking action will provide clarity toCalPERS members and other stakeholders regardingthe rules for members in combination enrollments.

This rulemaking action (1) affirms that members in acombination enrollment must enroll into one basic planand one supplemental plan provided by the same carrierat the time of enrollment and (2) allows for members ina combination enrollment to enroll into one basic planand one supplemental plan provided by one or more dif-ferent carriers contingent upon Board authorization.This contingency language would give the Board theauthority to allow for split carrier enrollments shouldCalPERS change its business model and systems in thefuture to accommodate such enrollments. Until suchtime, the clarification being sought will help CalPERSmembers better understand their enrollment options.Furthermore, it may decrease CalPERS staff hoursspent on responding to inquiries and possible future ap-peals related to combination enrollments.


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CalPERS has evaluated and determined that the pro-posed regulations are not inconsistent nor incompatiblewith existing State regulations. There are no other com-parable existing State regulations pursuant to GC§ 11346.5, subdivision (a), paragraphs (3)(D).

There is no existing, comparable federal regulation orstatute.

VII. EFFECT ON SMALL BUSINESS

The proposed regulatory action does not affect smallbusiness because it applies only to the California PublicEmployees’ Retirement Law.

VIII. DISCLOSURES REGARDING THEPROPOSED RULEMAKING ACTION

The Board has made the following initialdeterminations:

A. MANDATE ON LOCAL AGENCIES ANDSCHOOL DISTRICTS: This regulation packagewill not impose any mandates on local agenciesand school districts.

B. COST OR SAVINGS TO ANY STATEAGENCY: The proposed regulatory action willnot provide any costs or savings to any stateagency. This regulation package will becost−neutral to CalPERS. Any costs associatedwith implementing proposed regulations will beabsorbed by existing CalPERS resources.

C. COST TO ANY LOCAL AGENCY ORSCHOOL DISTRICT: The proposed regulatoryaction does not impose costs on any local agencyor school district.

D. NONDISCRETIONARY COSTS OR SAVINGSIMPOSED ON LOCAL AGENCIES: Theproposed regulatory action does not imposenondiscretionary costs on any local agencies.

E. COST OR SAVINGS IN FEDERAL FUNDINGTO THE STATE: There are no costs or savings infederal funding to the state.

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.

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 action.

H. RESULTS OF THE ECONOMIC IMPACTANALYSIS: The proposed regulatory action willnot: (1) create or eliminate jobs within California;(2) create new businesses or eliminate existingbusinesses within California; or (3) affect theexpansion of businesses currently doing businesswithin California.CalPERS believes the adoption of this regulationbenefits the health and welfare of Californiaresidents by ensuring program integrity andsustainability of the CalPERS health benefitsprogram which covers more than 1.4 millionactive and retired state, local government, andschool employees, and their family members.

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 coststo any local agency or school district which mustbe reimbursed in accordance with GC § 17500through § 17630.

IX. CONSIDERATION OF ALTERNATIVES

In accordance with GC § 11346.5, subdivision(a)(13), the Board must determine that no reasonable al-ternative considered by the Board or that has otherwisebeen identified and brought to the attention of the Boardwould be more effective in carrying out the purpose forwhich the action is proposed or would be as effective asand less burdensome to affected private persons thanthe proposed action or would be more cost−effective toaffected private persons and equally effective in imple-menting the statutory policy or provision of law.

The Board invites interested persons to present state-ments or arguments with respect to alternatives to theproposed regulations at a requested hearing or duringthe written comment period.

X. CONTACT PERSON

Please direct inquiries concerning the substance ofthe proposed rulemaking action to:

Primary Contact:Diane DeVitaCalifornia Public Employees’ Retirement System P.O. Box 720724 Sacramento, CA 94229−0724 Telephone: (916) 795−0945Fax: (916) 795−4105 E−mail: [email protected]


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Secondary Contact:Annie LeungCalifornia Public Employees’ Retirement System P.O. Box 720724 Sacramento, CA 94229−0724 Telephone: (916) 795−2662 Fax: (916) 795−4105 E−mail: [email protected]

Please direct requests concerning processing of thisrulemaking action to the CalPERS Regulations Coordi-nator, at the address shown in Section II.

Xl. AVAILABILITY OF STATEMENT OFREASONS, TEXT OF PROPOSED

REGULATIONS, AND RULEMAKING FILE

The entire rulemaking file is available for public in-spection by contacting the Regulations 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.

XII. 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.

XIII. AVAILABILITY OF THE FINALSTATEMENT OF REASONS

Upon completion, copies of the Final Statement ofReasons may be obtained by contacting the CalPERSRegulations Coordinator at the address shown in Sec-tion II.

TITLE 14. BOARD OF FORESTRYAND FIRE PROTECTION

“Safety Element Review, 2017”Title 14 of the California Code of Regulations (14

CCR), Division 1.5, Chapter 7

Adopt Article 6 1210.00−1210.03

NATURE OF PROCEEDING

Notice is hereby given that the California State Boardof Forestry and Fire Protection (Board) is proposing totake the action described in the Informative Digest.

PUBLIC HEARING

The Board will hold a public hearing on March 8,2017 at its regularly scheduled meeting commencing at8:30 a.m. in the Natural Resources Building Auditori-um, 1416 9th Street, Sacramento, CA. At the hearing,any person may present statements or arguments, orallyor in writing, relevant to the proposed action. The Boardrequests, but does not require, that persons who makeoral comments at the hearing also submit a written sum-mary of their statements. Additionally, pursuant toGovernment Code (GOV) § 11125.1(b), writings thatare public records pursuant to GOV § 11125.1(a) andthat are distributed to members of the state body prior toor during a meeting, pertaining to any item to be consid-ered during the meeting, shall be made available forpublic inspection at the meeting if prepared by the statebody or a member of the state body, or after the meetingif prepared by some other person.

WRITTEN COMMENT PERIOD

Any person, or authorized representative, may sub-mit written comments relevant to the proposed regula-tory action to the Board. The written comment periodends at 5:00 p.m. on February 7, 2017.

The Board will consider only written comments re-ceived at the Board office by that time and those writtencomments received at the public hearing, includingwritten comments submitted in connection with oraltestimony at the public hearing. The Board requests, butdoes not require, that persons who submit written com-ments to the Board reference the title of the rulemakingproposal in their comments to facilitate review.

Written comments shall be submitted to the followingaddress:

Board of Forestry and Fire Protection Attn: Edith HanniganBoard AnalystP.O. Box 944246 Sacramento, CA 94244−2460


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Written comments can also be hand delivered to thecontact person listed in this notice at the followingaddress:

Board of Forestry and Fire ProtectionRoom 1506−14 1416 9th Street Sacramento, CA 95814

Written comments may also be sent to the Board viafacsimile at the following phone number:

(916) 653−0989

Written comments may also be delivered via e−mailat the following address:

[email protected]

AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14)

14 CCR §§ 1666.0 to 1666.16 Authority Cited: Sec-tion 65302.5, Government Code; Section 4111, PublicResources Code. Reference: Sections 65302, 65302.5,Government Code; Sections 4102, 4112, 4113, 4114,4740 and 4741, Public Resources Code.

INFORMATIVE DIGEST/POLICY STATEMENTOVERVIEW

(pursuant to 11346.5(a)(3)(A)−(D))

California Government Code Section 65302.5(b)(1)requires a draft element of or draft amendment to thesafety element of a county or a city’s general plan to besubmitted to the Board of Forestry and Fire Protection(Board) if that county or city contains a State Responsi-bility Area (SRA) or Very High Fire Hazard SeverityZone (VHFHSZ), and Section 65302.5(b)(3) requiresthe Board to review the submitted safety elements forhow well it addresses wildland fire risk reduction andmitigation in the planning area. Although this require-ment has been in place since 1989, until this proposedaction there have been no implementing regulations forthis program.

The problem is that no review program exists in regu-lation under the Board of Forestry and Fire Protection tocomplete the review required under GOV§ 65302.5(b)(3).

The purpose of the proposed action is to create a pro-cedure to standardize the review of safety elements sub-mitted to the Board.

The effect of the proposed action is the establishmentof a review process to analyze and assess general plansafety elements for their wildland fire risk reductionand mitigation efforts that is clearly communicated and

readily available to Board members, the public, andmembers of the review team.

The specific anticipated benefit of the proposed ac-tion is a clear, direct, and standardized review processthat maximizes efficiency, provides transparency to theregulated public, and is utilized effectively to preventproperty and life losses in the wildland−urban interfacedue to fire. As a result, this regulatory action will have apositive effect on the protection of public health andsafety, worker safety, and the environment.

There is no comparable federal regulation or statute.Board staff conducted an evaluation of whether or not

the proposed action is inconsistent or incompatible withexisting State regulations pursuant to GOV§ 11346.5(a)(3)(D). Board staff assessed existing Stateregulations related to safety element reviews and foundno existing State regulations that met the same purposeas the proposed action. Based on this evaluation and ef-fort, the Board has determined that the proposed regula-tions are neither inconsistent nor incompatible with ex-isting State regulations. The proposed regulation is en-tirely consistent and compatible with existing Boardrules.

FORMS INCORPORATED BY REFERENCE

General Plan Safety Element Assessment, adoptedby the Board of Forestry and Fire Protection September29, 2016.

MANDATED BY FEDERAL LAWOR REGULATIONS

The proposed action is not mandated by federal lawor regulations.

The proposed action neither conflicts with, nor dupli-cates Federal regulations.

There are no comparable Federal regulations for gen-eral plan safety element review. No existing Federalregulations that met the same purpose as the proposedaction were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4))

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

LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)).

The proposed action does impose a mandate on localagencies or school districts.


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FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6))

There is no cost to any local agency or school districtthat is required to be reimbursed under Part 7 (com-mencing with Section 17500) of Division 4 of the Gov-ernment Code.

A local agency or school district has the authority tolevy service charges, fees, or assessments sufficient topay for the program or level of service mandated by theact, within the meaning of Section 17556 of the Govern-ment Code.

The proposed action will not result in the impositionof other non−discretionary costs or savings to localagencies.

The proposed action will not result in costs or savingsto any state agency.

The proposed action will not result in costs or savingsin federal funding to the State.

HOUSING COSTS (pursuant to GOV § 11346.5(a)(12))

The proposed action will not significantly affecthousing costs.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY AFFECTING

BUSINESS, INCLUDING ABILITY TO COMPETE(pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and

11346.5(a)(8))

The proposed action will not have a significantstatewide adverse economic impact directly affectingbusiness, including the ability of California businessesto compete with businesses in other states.

Pursuant to GOV §11346.5(a)(8), the agency shallprovide in the record facts, evidence, documents, testi-mony, or other evidence upon which the agency relies tosupport this initial determination:� Contemplation by the Board of the economic

impact of the provisions of the proposed actionthrough the lens of the decades of experiencereviewing general plan safety elements for citiesand counties in California that the Board brings tobear on regulatory development.

� Staff participation in the development ofGovernor’s Office of Planning and Research FireHazard Planning General Plan Technical AdviceSeries, May 2015.

� Discussions with Department staff onimplementation of the enabling statute, GOV§ 65302.5.

STATEMENTS OF THE RESULTS OF THEECONOMIC IMPACT ASSESSMENT (EIA)

The results of the economic impact assessment areprovided below pursuant to GOV § 11346.5(a)(10) andprepared pursuant to GOV § 11346.3(b)(1)(A)−(D).The proposed action:(A) will not create jobs within California;(A) will not eliminate jobs within California;(B) will not create new businesses within California;(B) will not eliminate existing businesses within

California;(C) will not affect the expansion or contraction of

businesses currently doing business withinCalifornia.

(D) will yield nonmonetary benefits through themitigation of wildfire risk in the planning area andadditional government transparency. Due to thesepre−planning efforts to protect wildland−urbaninterface areas, the protection of health andwelfare of California residents, worker safety, andthe state’s environment will benefit in perpetuity.

COST IMPACTS ON REPRESENTATIVE PERSONOR BUSINESS

(pursuant to GOV § 11346.5(a)(9))

There are no cost impacts that a representative privateperson or representative business would necessarily in-cur in reasonable compliance with the proposed action,because general plan safety elements are developed bygovernmental agencies.

BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d))

The proposed action does not impose a business re-porting requirement on business.

SMALL BUSINESS (pursuant to 1 CCR 4(a) and (b))

Small business, within the meaning of GOV§ 11342.610, are not expected to be affected by the pro-posed action.

Small business:(1) Is not legally required to comply with the

regulation;(2) Is not legally required to enforce the regulation;(3) Does not derive a benefit from the enforcement of

the regulation;(4) Does not incur a detriment from the enforcement

of the regulation if they do not comply with theregulation.


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ALTERNATIVES INFORMATION

In accordance with GOV § 11346.5(a)(13), theBoard must determine that no reasonable alternative itconsiders, or that has otherwise been identified andbrought to the attention of the Board, would be more ef-fective in carrying out the purpose for which the actionis proposed, or 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.

CONTACT PERSON

Requests for copies of the proposed text of the regula-tions, the Initial Statement of Reasons, modified text ofthe regulations and any questions regarding the sub-stance of the proposed action may be directed to:

Board of Forestry and Fire Protection Attn: Edith HanniganBoard AnalystP.O. Box 944246 Sacramento, CA 94244−2460 Telephone: (916) 653−8007

The designated backup person in the event Ms. EdithHannigan is not available is Mr. Matt Dias, ExecutiveOfficer for the Board of Forestry and Fire Protection.Mr. Matt Dias may be contacted at the above address orby phone at (916) 653−8007.

AVAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16))

All of the following are available from the contactperson:1. Express terms of the proposed action using

UNDERLINE to indicate an addition to theCalifornia Code of Regulations andSTRIKETHROUGH to indicate a deletion.

2. Initial Statement of Reasons, which includes astatement of the specific purpose of each adoption,amendment, or repeal, the problem the Board isaddressing, and the rationale for the determinationby the Board that each adoption, amendment, orrepeal is reasonably necessary to carry out thepurpose and address the problem for which it isproposed.

3. The information upon which the proposed actionis based (pursuant to GOV § 11346.5(b) andGOV § 11346.2(a)).

4. Changed or modified text. After holding thehearing and considering all timely and relevantcomments received, the Board may adopt theproposed regulations substantially as described inthis notice. If the Board makes modificationswhich are sufficiently related to the originallyproposed text, it will make the modified text —with the changes clearly indicated — available tothe public for at least 15 days before the Boardadopts the regulations as revised. Notice of thecomment period on changed regulations, and thefull text as modified, will be sent to any personwho testified at the hearings, submitted commentsduring the public comment period, includingwritten and oral comments received at the publichearing, or requested notification of theavailability of such changes from the Board ofForestry and Fire Protection. The Board willaccept written comments on the modifiedregulations for 15 days after the date on which theyare made available.

FINAL STATEMENT OF REASONS

When the Final Statement of Reasons (FSOR) hasbeen prepared, the FSOR will be available from thecontact person on request.

INTERNET ACCESS

All of the material referenced in the AvailabilityStatements is also available on the Board web site at:http://bofdata.fire.ca.gov/regulations/proposed_rule_packages/

TITLE 14. FISH AND GAMECOMMISSION

NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to the au-thority vested by Sections 200, 202, 203, and 1050 ofthe Fish and Game Code and to implement, interpret ormake specific Sections 1050 and 4336 of said Code,proposes to amend Section 708.5, Title 14, CaliforniaCode of Regulations, relating to deer tagging and re-porting requirements.


All tag holders are obligated under the current law toreport the results of their hunting effort, whether suc-cessful or unsuccessful in their deer hunting activity.The regulations now specify the methods of satisfying


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the reporting requirement including submitting their re-port card “in person at the address specified.” However,the address specified on the tag is a post office box andnot a physical location; furthermore, none of the De-partment’s regional offices are staffed to take andprocess walk−in reports. Reports may also be made on-line or by mail.

The proposed amendments in Section 708.5 are in-tended to clarify the methods by which hunters maycomply with mandatory deer harvest reporting. Theamendments will: 1) eliminate “in person” delivery ofreport cards to the Department; and 2) add a provisionstating “If a report card is submitted by mail and not re-ceived by the department, it is considered not reported.”Non−monetary benefits to the public

The Commission does not anticipate non−monetarybenefits to the protection of public health and safety,worker safety, the prevention of discrimination, the pro-motion of fairness or social equity and the increase inopenness and transparency in business andgovernment.

BENEFITS OF THE REGULATIONS

The proposed changes in reporting deer harvest willclarify that the Department cannot receive report cards“in person”; and that the responsibility for compliance,regardless of report cards lost in the mail, is on thehunter. This may provide an incentive for hunters to en-ter their own data online or to check their online ac-counts to assure compliance in a timely fashion. The re-port card contains important information which the De-partment uses to measure deer populations and other vi-tal data essential to the exercise of its responsibilities.

CONSISTENCY AND COMPATIBILITY WITHSTATE REGULATIONS

The Fish and Game Commission, pursuant to Fishand Game Code Sections 200, 202 and 203, has the soleauthority to regulate deer hunting in California. Com-mission staff has searched the California Code of Regu-lations and has found the proposed changes pertainingto deer tag reporting are consistent with Sections 1.74,361, 701, 702, 708.5 and 708.6 of Title 14. Thereforethe Commission has determined that the proposedamendments are neither inconsistent nor incompatiblewith existing State regulations.

NOTICE IS GIVEN that any person interested maypresent statements, orally or in writing, relevant to thisaction at a hearing to be held in the DoubleTree byHilton Hotel Sonoma, One Doubletree Drive, RohnertPark, California, on Wednesday, February 22, 2017 at

8:00 a.m. or, as soon thereafter as the matter may beheard.

NOTICE IS ALSO GIVEN that any person interestedmay present statements, orally or in writing, relevant tothis action at a hearing to be held in Airtel Plaza Hotel,7277 Valjean Ave., Van Nuys, California, on Wednes-day, April 26, 2017, at 8:00 a.m., or as soon thereafter asthe matter may be heard. It is requested, but not re-quired, that written comments be submitted on or before5:00 p.m. on April 12, 2017 (to meet the deadline for thecommission’s briefing binder) at the address given be-low, or by email to [email protected]. Written com-ments mailed, or emailed to the Commission office,must be received before 12:00 noon on April 21, 2017(to be included with late comments to the commission-ers). All comments must be received no later than April26, 2017, at the hearing in Van Nuys, California. If youwould like copies of any modifications to this proposal,please include your name and mailing address.

AVAILABILITY OF DOCUMENTS

The Initial Statement of Reasons, text of the regula-tions, as well as all related documents upon which theproposal is based (rulemaking file), are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Box 944209,Sacramento, California 94244−2090, phone (916)653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the reg-ulatory process to Valerie Termini or Jon Snellstrom atthe preceding address or phone number. Craig Stow-ers, Environmental Program Manager, (916)445−3553, has been designated to respond to questionson the substance of the proposed regulations relating todeer tagging and reporting requirements. Copies of theNotice of Proposed Action, the Initial Statement of Rea-sons, and the text of the regulation in underline andstrikeout can be accessed through our website at http://www.fgc.ca.gov.

AVAILABILITY OF MODIFIED TEXT

If the regulations adopted by the Commission differfrom but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Circumstances beyond thecontrol of the Commission (e.g., timing of Federal reg-ulation adoption, timing of resource data collection,timelines do not allow, etc.) or changes made to be re-sponsive to public recommendation and comments dur-ing the regulatory process may preclude full compli-ance with the 15−day comment period, and the Com-mission will exercise its powers under Section 202 of


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the Fish and Game Code. Regulations adopted pursuantto this section are not subject to the time periods foradoption, amendment or repeal of regulations pre-scribed in Sections 11343.4, 11346.4 and 11346.8 of theGovernment Code. Any person interested may obtain acopy of said regulations prior to the date of adoption bycontacting the agency representative named herein.

If the regulatory proposal is adopted, the final state-ment of reasons may be obtained from the addressabove when it has been received from the agency pro-gram staff.

IMPACT OF REGULATORY ACTION/RESULTSOF THE ECONOMIC IMPACT ASSESSMENT

The potential for significant statewide adverse eco-nomic impacts that might result from the proposed reg-ulatory action has been assessed, and the following ini-tial determinations relative to the required statutory cat-egories have been made:(a) Significant Statewide Adverse Economic Impact

Directly Affecting Businesses, Including theAbility of California Businesses to Compete withBusinesses in Other States:

The proposed action will not have a significantstatewide adverse economic impact directlyaffecting business, including the ability ofCalifornia businesses to compete with businessesin other states. The proposed action clarifies themethods available to individuals, not businesses,for the required reporting of their deer huntingactivity.

(b) Impact on the Creation or Elimination of JobsWithin the State, the Creation of New Businessesor the Elimination of Existing Businesses, or theExpansion of Businesses in California; Benefits ofthe Regulation to the Health and Welfare ofCalifornia Residents, Worker Safety, and theState’s Environment:

The Commission anticipates benefits to the healthand welfare of California residents and to thestate’s environment. Hunting providesopportunities for multi−generational familyactivities and promotes respect for California’senvironment by the future stewards of the State’sresources, and the action contributes to thesustainable management of natural resources.Improved deer tag reporting will also improve theDepartment’s ability to sustainably manage deerpopulations in the state.

The proposed action will not have significantimpacts on jobs or business within Californiabecause no significant changes in hunting activitylevels are anticipated. The proposed action doesnot provide benefits to worker safety.

(c) Cost Impacts on Private Persons:The Commission is not aware of any cost impactsthat a representative private person or businesswould necessarily incur in reasonable compliancewith this proposed action. Under the currentregulation, hunters are required to report their deerhunting activity. The proposed action to amend theregulation clarifies the methods available toindividuals for the required reporting and does notimpose any additional cost to do so.

(d) Costs or Savings to State Agencies orCosts/Savings in Federal Funding to the State:None.

(e) Other Nondiscretionary Costs/Savings to LocalAgencies: None.

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

(g) Costs Imposed on Any Local Agencies or SchoolDistricts that is required to be reimbursed underPart 7 (commencing with Section 17500) ofDivision 4: None.

(g) Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS

It has been determined that the adoption of these reg-ulations may affect small business. The Commissionhas drafted the regulations in Plain English pursuant toGovernment Code Sections 11342.580 and11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES

The Commission must determine that no reasonablealternative considered by the Commission, or that hasotherwise been identified and brought to the attention ofthe Commission, would be more effective in carryingout the purpose for which the action is proposed, wouldbe as effective and less burdensome to affected privatepersons than the proposed action, or would be morecost−effective to affected private persons and equallyeffective in implementing the statutory policy or otherprovision of law.


NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to the au-


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thority vested by Sections 1904 and 2070 of the Fishand Game Code and to implement, interpret or makespecific Sections 1755, 1904, 2062, 2067, 2070, 2072.7and 2075.5 of said Code, proposes to amend Section670.2, Title 14, California Code of Regulations, relat-ing to Plants of California Declared to be Endangered,Threatened or Rare.


Section 670.2 of Title 14, California Code of Regula-tions (CCR), provides a list, established by the Califor-nia Fish and Game Commission (Commission), ofplants designated as endangered, threatened or rare inCalifornia. The Commission has the authority to add orremove species from this list if it finds that the action iswarranted.

As required by Fish and Game Code Section 2075.5,subsection (e)(2), the Commission must initiate pro-ceedings in accordance with the Administrative Proce-dure Act to amend subsection (a)(2) of Section 670.2, toadd Livermore tarplant (Deinandra bacigalupii) to thelist of endangered plants.

In making the recommendation to list Livermore tar-plant pursuant to the California Endangered SpeciesAct, the Department identified the following primarythreats: 1) recent and ongoing development andchanges in land use; 2) impacts from invasive species;3) recreation activities; 4) herbicide use; and 5) the vul-nerability of small populations. More detail about thecurrent status of Livermore tarplant can be found in theReport to the Fish and Game Commission, “Status Re-view of Livermore Tarplant (Deinandra bacigalupii)”(Department of Fish and Wildlife, April 2016).

The proposed regulation will benefit the environmentby protecting Livermore tarplant as an endangeredspecies

Commission staff has searched the California Codeof Regulations and has found that the proposed regula-tion is neither inconsistent nor incompatible with exist-ing state regulations. No other state entity has the au-thority to list threatened and endangered species.

NOTICE IS GIVEN that any person interested maypresent statements, orally or in writing, relevant to thisaction at a hearing to be held in Rohnert Park, Califor-nia, on February 8, 2017, at 8:00 a.m., or as soon there-after as the matter may be heard at the DoubleTree byHilton Hotel Sonoma, One Doubletree Drive, RohnertPark, CA 94928. It is requested, but not required, thatwritten comments be submitted on or before 5:00 p.m.on January 26, 2017 at the address given below, or byemail to [email protected]. Written comments mailed,or emailed to the Commission office, must be received

on February 6, 2017. All comments must be received nolater than February 8, 2017, at the hearing in RohnertPark, California. If you would like copies of any modi-fications to this proposal, please include your name andmailing address.


The Initial Statement of Reasons, text of the regula-tions, as well as all related documents upon which theproposal is based (rulemaking file), are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Box 944209,Sacramento, California 94244−2090, phone (916)653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the reg-ulatory process to Valerie Termini or Sheri Tiemann atthe preceding address or phone number. Jeb Bjerke,Department of Fish and Wildlife, phone (916)651−6594 or email [email protected], hasbeen designated to respond to questions on the sub-stance of the proposed regulations. Copies of the No-tice of Proposed Action, the Initial Statement of Rea-sons, and the text of the regulation in underline andstrikeout can be accessed through our website athttp://www.fgc.ca.gov.


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






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While the statutes of the California EndangeredSpecies Act (CESA) do not specifically prohibitthe consideration of economic impact indetermining if listing is warranted, the AttorneyGeneral’s Office has consistently advised theCommission that it should not consider economicimpact in making a finding on listing. This isfounded in the concept that CESA was drafted inthe image of the federal Endangered Species Act.The federal act specifically prohibitsconsideration of economic impact during thelisting process.

CESA is basically a two−stage process. During thefirst stage, the Commission must make a findingon whether or not the petitioned action iswarranted. By statute, once the Commission hasmade a finding that the petitioned action iswarranted, it must initiate a rulemaking process tomake a corresponding regulatory change. Toaccomplish this second stage, the Commissionfollows the statutes of the AdministrativeProcedure Act (APA).

The provisions of the APA, specifically Sections11346.3 and 11346.5 of the Government Code,require an analysis of the economic impact of theproposed regulatory action. While Section11346.3 requires an analysis of economic impacton businesses and private persons, it also containsa subdivision (a) which provides that agenciesshall satisfy economic assessment requirementsonly to the extent that the requirements do notconflict with other State laws. In this regard, theprovisions of CESA leading to a finding are inapparent conflict with Section 11346.3, which isactivated by the rulemaking component of CESA.

Since the finding portion of CESA is silent as toconsideration of economic impact, it is possiblethat subdivision (a) of Section 11346.3 does notexclude the requirement for economic impactanalysis. While the Commission does not believethis is the case, an abbreviated analysis of thelikely economic impact of the proposed regulationchange on businesses and private individuals isprovided. The intent of this analysis is to providedisclosure, the basic premise of the APA process.The Commission believes that this analysis fullymeets the intent and language of both statutoryprograms.

Designation of Livermore tarplant as endangeredwill subject it to the provisions of CESA. This Actprohibits take and possession except as may bepermitted by the Department, the Native PlantProtection Act, or the California Desert NativePlants Act.

Endangered status is not expected to result in anysignificant adverse economic effect on smallbusiness or significant cost to private persons orentities undertaking activities subject to theCalifornia Environmental Quality Act (CEQA).CEQA requires local governments and privateapplicants undertaking projects subject to CEQAto consider de facto endangered species to besubject to the same requirements under CEQA asthough they were already listed by theCommission in Section 670.2 (CEQA Guidelines,Section 15380). Livermore tarplant has qualifiedfor protection under the CEQA Guidelines Section15380 since its formal scientific description in1999.

Required mitigation as a result of lead agencyactions under CEQA, whether or not the species islisted by the Commission, may increase the cost ofa project. Such costs may include, but are notlimited to, purchasing off−site habitat,development and implementation of managementplans, establishing new populations, installationof protective devices such as fencing, protection ofadditional habitat, and long−term monitoring ofmitigation sites. Lead agencies may also requireadditional actions should the mitigation measuresfail, resulting in added expenditures by theproponent. If the mitigation measures required bythe CEQA lead agency do not minimize and fullymitigate to the standards of CESA, listing couldincrease business costs by requiring measuresbeyond those required by CEQA.


The Commission does not anticipate any impactson the creation or elimination of jobs, the creationof new business, the elimination of existingbusinesses or the expansion of businesses inCalifornia. The entire distribution of Livermoretarplant is limited to four occurrences in and nearthe city of Livermore, California. Because of thislocalized distribution, adding Livermore tarplantto the list of endangered species under CESA isunlikely to affect the creation or elimination ofjobs or businesses within the state as a whole.

The Commission does not anticipate benefits tothe health and welfare of California residents or toworker safety.


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The Commission anticipates benefits to the State’senvironment by the protection of Livermoretarplant.

(c) Cost Impacts on Representative PrivatePersons/Business:

Designation of threatened or endangered status,per se, would not necessarily result in anysignificant cost to private persons or entitiesundertaking activities subject to CEQA. CEQApresently requires private applicants undertakingprojects subject to CEQA to consider de factoendangered (or threatened) and rare species to besubject to the same protections under CEQA asthough they are already listed by the Commissionin Section 670.2 or 670.5 of Title 14, CCR (CEQAGuidelines Section 15380).

Any added costs should be more than offset bysavings that would be realized through theinformal consultation process available to privateapplicants under CESA. The process would allowconflicts to be resolved at an early stage in projectplanning and development, thereby avoidingconflicts later in the CEQA review process, whichwould be more costly and difficult to resolve.

Although it is unlikely that the listing ofLivermore tarplant will have an adverse economicimpact, it should be noted that most populations ofLivermore tarplant occur on private property.Such private holdings are subject to possible saleand/or development, which could be impacted bythis listing action.




(g) Costs Imposed on Any Local Agency or SchoolDistrict that is Required to be Reimbursed underPart 7 (commencing with Section 17500) ofDivision 4: None.

(h) Effect on Housing Costs: None.


It has been determined that the adoption of these reg-ulations may affect small business. The Commission

has drafted the regulations in Plain English pursuant toGovernment Code Sections 11342.580 and11346.2(a)(1).




NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to the au-thority vested by Sections 200, 202, 203, 3960, 3960.2and 3960.4 of the Fish and Game Code and to imple-ment, interpret or make specific Sections 200, 202, 203,203.1, and 207 of said Code, proposes to amend sec-tions 360, 361, 362, 363, 364, and 364.1, Title 14, Cali-fornia Code of Regulations, relating to mammal hunt-ing requirements.


Subsection 360(b)

Existing regulations provide for the number of deerhunting tags for the X zones. The proposed actionchanges the number of tags for all existing zones to a se-ries of ranges presented in the table below. These rangesare necessary at this time because the final number oftags cannot be determined until spring herd data are col-lected in March/April. Because various environmentalfactors such as severe winter conditions can adverselyaffect herd recruitment and over−winter adult survival,the final recommended quotas may fall below the cur-rent proposed range into the “Low Kill” alternativeidentified in the most recent Environmental DocumentRegarding Deer Hunting.


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Subsection 360(c)

Existing regulations provide for the number of deerhunting tags in the Additional Hunts. The proposed ac-tion provides a range of tag numbers for each hunt fromwhich a final number will be determined, based on thepost−winter status of each deer herd. These ranges arenecessary at this time because the final number of tagscannot be determined until spring herd data are collect-ed in March/April. Because various environmental fac-tors such as severe winter conditions can adversely af-fect herd recruitment and over−winter adult survival,the final recommended quotas may fall below the cur-rent proposed range into the “Low Kill” alternativeidentified in the most recent Environmental DocumentRegarding Deer Hunting.

Existing regulations for Additional Hunts G−8 (FortHunter Liggett Antlerless Deer Hunt) and J−10 (FortHunter Liggett Apprentice Either−Sex Deer Hunt) pro-vide for hunting to begin on October 8 and continue forthree (3) consecutive days and reopen on October 15and continue for two (2) consecutive days, including the

Columbus Day holiday The proposal would modify theseason to account for the annual calendar shift The pro-posal would change the season dates to open on October7 and October 14, for 3 and 2 consecutive days respec-tively, and include the Columbus Day holiday.

Existing regulations for Additional Hunt G−10(Camp Pendleton Either−Sex Hunt) provide for huntingto begin on the first Saturday in September and extendthrough the first Sunday in December and allows hunt-ing on Saturdays, Sundays, holidays and the day afterThanksgiving. The proposal would allow for the calen-dar shift and allow hunting on Fridays, Saturdays, Sun-days, Labor Day, Columbus Day and Veterans Day.

Existing regulations for Additional Hunt G−11 (Van-denberg Either−Sex Deer Hunt) provide for hunting tobegin on the last Monday in August and extend throughDecember 31. The proposal would allow hunting to be-gin on August 28 and extend through October 1.

Minor editorial changes are necessary to provide con-sistency in subsection numbering, spelling, grammar,and clarification.


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The proposed action changes the number of tags forall existing hunts (except those on military installa-

tions) to a series of ranges as indicated in the tablebelow.


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*Specific numbers of tags are provided for militaryhunts through a system which restricts hunter access todesired levels and ensures biologically conservativehunting programs.

**DOD = Department of Defense and eligiblepersonnel as authorized by the InstallationCommander.

Section 361Existing regulations provide for the number of deer

hunting tags for existing area−specific archery hunts.The proposed action changes the number of tags for ex-isting hunts to a series of ranges presented in the tablebelow. These ranges are necessary at this time becausethe final number of tags cannot be determined until

spring herd data are collected in March/April. Becausevarious environmental factors such as severe winterconditions can adversely affect herd recruitment andover−winter adult survival, the final recommendedquotas may fall below the current proposed range intothe “Low Kill” alternative identified in the most recentEnvironmental Document Regarding Deer Hunting.

Existing regulations for Hunt A−33 (Fort HunterLiggett Late Season Archery Either−Sex Hunt) providefor hunting to begin on the first Saturday in October andend on November 11. The proposal would modify theseason to allow for the annual calendar shift by openingthe season on the first Saturday in October and endingon November 12.


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* Specific numbers of tags are provided for militaryhunts through a system which restricts hunter access todesired levels and ensures biologically conservativehunting programs.

The current regulation in Section 362, T14, CCR,provides for limited hunting of Nelson bighorn rams inspecified areas of the State. The proposed amendmentsare intended to adjust the number of hunting tags for the2017 season based on the Department’s annual estimateof the population in each of the nine hunt zones. The De-partment’s final recommendations will ensure that the

take will be no more than 15 percent of the mature ramsestimated in each zone in accordance with Fish andGame Code Section 4902.

Preliminarily, the tag numbers are presented asranges (e.g., [0−3]) in the table in subsection 362(d) ofthe amended Regulatory Text. Final tag quotas for eachzone will be identified and recommended to the Fishand Game Commission at the April 26, 2017 adoptionhearing.


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Section 363Amend Section 363, Pronghorn Antelope, Title 14,

California Code of Regulations (CCR).In accordance with management goals and objec-

tives, and in order to maintain hunting quality, tag quo-tas for Pronghorn Antelope hunts need to be adjustedannually. Current regulations specify the number ofpronghorn antelope hunting tags for the 2016 season.This proposed regulatory action will amend subsection363(m) providing the number of tags for hunting in2017.

Preliminarily, the tag numbers, are presented asranges (e.g., [0−3]) in the table in subsection 363(m) ofthe amended Regulatory Text. Final tag quotas for eachzone will be identified and recommended to the Fishand Game Commission at the April 26, 2017, adoptionhearing.

Other minor changes to the regulatory text to reduceredundancy and improve accuracy and clarity areproposed.Section 364

Existing regulations in Section 364, Title 14, CCR,specify elk license tag quotas for each hunt. In order toachieve elk herd management goals and objectives andmaintain hunting quality, it is periodically necessary toadjust quotas, seasons, hunt areas and other criteria inresponse to dynamic environmental and biological con-ditions. The proposed amendments to Section 364 willestablish 2017 tag quotas within each hunt area, adjust-ing for annual fluctuations in population number, sea-son dates, and tag distribution.

The complete amended text is found in the amendedRegulatory Text of Section 364 with the Initial State-ment of Reasons.

Proposed Amendments:� Establish the Goodale Tule Elk Hunt in the

western part of the Independence zone. TheDepartment is recommending adding a newsubsection 364(d)(10)(A) establishing a GoodaleGeneral Methods Tule Elk Hunt.

� In order to achieve appropriate harvest levels andmaintain hunting quality, it is necessary toannually adjust quotas (total number of tags) inresponse to dynamic environmental and biologicalconditions. Subsections 364(r) through (aa)specify elk license tag quotas for each hunt inaccordance with management goals andobjectives.

� Modify Season Dates. The Department makesmany different times and seasons of the yearavailable to the public. In order to provideopportunity for hunters, the Department modifiesthe calendar day for the start of individual huntsand the number of days of hunting. The proposed

table sets forth the recommended days for eachhunt.

� Minor Editorial Changes are proposed to improveclarity and reduce redundancy.

Section 364.1Existing regulations in Section 364.1, Title 14, CCR,

specify elk license tag quotas for each SHARE hunt. Inorder to achieve elk herd management goals and objec-tives and maintain hunting quality, it is periodicallynecessary to adjust quotas, seasons, hunt areas and oth-er criteria, in response to dynamic environmental andbiological conditions. The proposed amendments toSection 364.1 will establish 2017 tag quotas within eachhunt adjusting for annual fluctuations in populationnumber, season dates, and tag distribution.� Modify SHARE Hunt. The Department is

recommending establishing a new GoodaleSHARE hunt in subsection 364(l)(10).

� Modify Tag Quotas. In order to achieveappropriate harvest levels and maintain huntingquality it is necessary to annually adjust quotas(total number of tags) in response to dynamicenvironmental and biological conditions. Section364 regulations specify elk license tag quotas foreach hunt in accordance with management goalsand objectives.

Other minor editorial changes and renumbering havealso been made.Non−monetary benefits to the public

The Commission does not anticipate non−monetarybenefits to the protection of public health and safety,worker safety, the prevention of discrimination, the pro-motion of fairness or social equity and the increase inopenness and transparency in business andgovernment.Consistency and Compatibility with State Regulations

The Fish and Game Commission, pursuant to Fishand Game Code Sections 200, 202 and 203, has the soleauthority to regulate elk hunting in California. Com-mission staff has searched the California Code of Regu-lations and has found the proposed changes pertainingto elk tag allocations are consistent with Title 14. There-fore, the Commission has determined that the proposedamendments are neither inconsistent nor incompatiblewith existing State regulations.


Sections 360 and 361 — The deer herd managementplans specify objective levels for the proportion ofbucks in the herds. These ratios are maintained andmanaged in part by annually modifying the number ofhunting tags. The final values for the license tag num-bers will be based upon findings from the annual har-


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vest and herd composition counts. Adjusting tag alloca-tions in response to current deer herd conditions con-tributes to the sustainable management of healthy deerpopulations and the maintenance of continued huntingopportunities.

Section 362 — The Nelson Bighorn Sheep manage-ment plans specify objective levels for the herds. Theseratios are maintained and managed in part by annuallymodifying the number of tags. The final values for thelicense tag numbers will be based upon findings fromthe population surveys. Adjusting tag allocations in re-sponse to current herd conditions contributes to the sus-tainable management of healthy bighorn sheep popula-tions and the maintenance of continued huntingopportunities.

Section 363 — The management plans specify objec-tive levels for the antelope herds. These levels are main-tained and managed in part by annually modifying thenumber of tags. The final values for the license tag num-bers will be based upon findings from the populationsurveys. Adjusting tag allocations in response to cur-rent herd conditions contributes to the sustainable man-agement of healthy pronghorn antelope populationsand the maintenance of continued hunting opportuni-ties.

Section 364 — The proposed elk regulations willcontribute to the sustainable management of elk popu-lations in California. Existing elk herd managementgoals specify objective levels for the proportion of bullsin the herds. These ratios are maintained and managedin part by annually modifying the number of tags. Thefinal values for the license tag numbers will be basedupon findings from annual harvest and herd composi-tion counts.

Section 364.1 — The proposed elk SHARE regula-tions will contribute to the sustainable management ofelk populations in California. Existing elk herd man-agement goals specify objective levels for the propor-tion of bulls in the herds. These ratios are maintainedand managed in part by annually modifying the numberof tags. The final values for the license tag numbers willbe based upon findings from annual harvest and herdcomposition counts in accordance with managementgoals and objectives.


The Fish and Game Commission, pursuant to Fishand Game Code Sections 200, 202 and 203, has the soleauthority to regulate hunting in California. Commissionstaff has searched the California Code of Regulationsand has found no other agency with the authority to reg-ulate the use of dogs for hunting mammals. Therefore,

the Commission has determined that the proposedamendments are neither inconsistent nor incompatiblewith existing State regulations.

NOTICE IS GIVEN that any person interested maypresent statements, orally or in writing, relevant to thisaction at a hearing to be held in the DoubleTree byHilton Hotel Sonoma, One Doubletree Drive, RohnertPark, California, on Wednesday, February 22, 2017 at8:00 a.m. or, as soon thereafter as the matter may beheard.

NOTICE IS ALSO GIVEN that any person interest-ed may present statements, orally or in writing, relevantto this action at a hearing to be held in Airtel Plaza Ho-tel, 7277 Valjean Ave., Van Nuys, California, onWednesday, April 26, 2017, at 8:00 a.m., or as soonthereafter as the matter may be heard. It is requested, butnot required, that written comments be submitted on orbefore 5:00 p.m. on April 12, 2017 at the address givenbelow, or by email to [email protected]. Written com-ments mailed, or emailed to the Commission office,must be received before 12:00 noon on April 21, 2017.All comments must be received no later than April 26,2017, at the hearing in Van Nuys, California. If youwould like copies of any modifications to this proposal,please include your name and mailing address.


The Initial Statement of Reasons, text of the regula-tions, as well as all related documents upon which theproposal is based (rulemaking file), are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Box 944209,Sacramento, California 94244−2090, phone (916)653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the reg-ulatory process to Valerie Termini or Jon Snellstrom atthe preceding address or phone number. Craig Stow-ers, Environmental Program Manager, (916)445−3553, has been designated to respond to questionson the substance of the proposed Use of Dogs for Pur-suit regulations. Copies of the Notice of Proposed Ac-tion, the Initial Statement of Reasons, and the text of theregulation in underline and strikeout can be accessedthrough our website at http://www.fgc.ca.gov.


If the regulations adopted by the Commission differfrom but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Circumstances beyond thecontrol of the Commission (e.g., timing of Federal reg-ulation adoption, timing of resource data collection,


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timelines do not allow, etc.) or changes made to be re-sponsive to public recommendation and comments dur-ing the regulatory process may preclude full compli-ance with the 15−day comment period, and the Com-mission will exercise its powers under Section 202 ofthe Fish and Game Code. Regulations adopted pursuantto this section are not subject to the time periods foradoption, amendment or repeal of regulations pre-scribed in Sections 11343.4, 11346.4 and 11346.8 of theGovernment Code. Any person interested may obtain acopy of said regulations prior to the date of adoption bycontacting the agency representative named herein.



The potential for significant statewide adverse eco-nomic impacts that might result from the proposed reg-ulatory action has been assessed, and the following ini-tial determinations relative to the required statutory cat-egories have been made:

The potential for significant statewide adverse eco-nomic impacts that might result from the proposed reg-ulatory action has been assessed, and the following ini-tial determinations relative to the required statutory cat-egories have been made.(a) Significant Statewide Adverse Economic Impact


The proposed action will not have a significantstatewide adverse economic impact directlyaffecting business, including the ability ofCalifornia businesses to compete with businessesin other states. The proposed action adjusts tagquotas for existing deer hunts. Given the numberof tags available and the area over which they aredistributed, these proposals are economicallyneutral to business.


The proposed action will not have significantimpacts on the creation or elimination of jobs orthe creation of new businesses or the eliminationof existing businesses within California because itis unlikely to result in a change in hunting effort.The proposed action does not provide benefits toworker safety because it does not address workingconditions.The Commission anticipates benefits to the healthand welfare of California residents. Huntingprovides opportunities for multi−generationalfamily activities and promotes respect forCalifornia’s environment by the future stewards ofthe State’s resources. The Commission anticipatesbenefits to the State’s environment in thesustainable management of natural resources.

(c) Cost Impacts on Private Persons:The Commission is not aware of any cost impactsthat a representative private person or businesswould necessarily incur in reasonable compliancewith this proposed action.




(g) Costs Imposed on Any Local Agency or SchoolDistrict that is Required to be Reimbursed underPart 7 (commencing with Section 17500) ofDivision 4: None.



It has been determined that the adoption of these reg-ulations may affect small business. The Commissionhas drafted the regulations in plain English pursuant toGovernment Code Sections 11342.580 and11346.2(a)(1).


The Commission must determine that no reasonablealternative considered by the Commission, or that hasotherwise been identified and brought to the attention ofthe Commission, would be more effective in carryingout the purpose for which the action is proposed, wouldbe as effective and less burdensome to affected privatepersons than the proposed action, or would be morecost−effective to affected private persons and equally


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effective in implementing the statutory policy or otherprovision of law.


NOTICE IS HEREBY GIVEN that the Fish andGame Commission (Commission), pursuant to the au-thority vested by Sections 202 and 355 of the Fish andGame Code and to implement, interpret or make specif-ic Sections 202, 355, and 356 of said Code, proposes toamend Section 502, Title 14, California Code of Regu-lations, relating to waterfowl.


Current regulations in Section 502, Title 14, Califor-nia Code of Regulations (CCR), provide definitions,hunting zone descriptions, and season opening andclosing dates, and establish daily bag and possessionlimits for waterfowl hunting.

The frameworks for the 2017−18 season have beenapproved by the Flyway Councils and will be consid-ered for adoption at the Service Regulation’s Commit-tee meeting on October 25−26, 2016. The proposedframeworks allow for a liberal duck season which in-cludes a 107−day season, 7 daily duck limit including 7mallards but only 2 hen mallards, 1 pintail, 2 canvas-back, 2 redheads, and 3 scaup (during an 86−day sea-son). Duck daily bag limit ranges, duck season lengthranges and goose season length ranges have been pro-vided to allow the Commission flexibility. Lastly, Fed-eral regulations require that California’s hunting regu-lations conform to those of Arizona in the ColoradoRiver Zone and with those of Oregon in the North CoastSpecial Management Area. Based on the frameworks,

the Department of Fish and Wildlife (Department) pro-vides an annual recommendation to the Fish and GameCommission.

The Department recommendations are as follows:1. Modify the boundary descriptions in subsections

502(b)(3) and (4) for the Southern California andColorado River zones.

2. Allow the white−fronted goose season to be splitinto three segments in subsection 502(d)(1)(B) forthe Northeastern California Zone.

3. Increase the daily bag limit for white geese insubsection 502(d)(4)(C) for the Colorado RiverZone from 10 to 20 per day.

Minor editorial changes are also proposed to clarifyand simplify the regulations to comply with existingfederal frameworks.

NON−MONETARY BENEFITS TO THE PUBLIC

The Commission does not anticipate non−monetarybenefits to the protection of public health and safety,worker safety, the prevention of discrimination, the pro-motion of fairness or social equity and the increase inopenness and transparency in business andgovernment.

EVALUATION OF INCOMPATIBILITY WITHEXISTING REGULATIONS

The Commission has reviewed its regulations in Title14, CCR, and conducted a search of other regulations onthis topic and has concluded that the proposed amend-ments to Section 502 are neither inconsistent nor in-compatible with existing State regulations. No otherState agency has the authority to promulgate waterfowlhunting regulations.


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The benefits of the proposed regulations are concur-rence with federal law and the sustainable managementof the State’s waterfowl resources. Positive impacts tojobs and/or businesses that provide services to water-fowl hunters will be realized with the continued adop-tion of waterfowl hunting seasons in 2017−18.


The Fish and Game Commission, pursuant to Fishand Game Code Sections 200, 202 and 203, has the soleauthority to regulate hunting in California. Commissionstaff has searched the California Code of Regulationsand has found no other agency with the authority to reg-ulate the use of dogs for hunting mammals. Therefore,the Commission has determined that the proposedamendments are neither inconsistent nor incompatiblewith existing State regulations.

NOTICE IS GIVEN that any person interested maypresent statements, orally or in writing, relevant to thisaction at a hearing to be held in the DoubleTree byHilton Hotel Sonoma, One Doubletree Drive, RohnertPark, California, on Wednesday, February 22, 2017 at8:00 a.m., or as soon thereafter as the matter may beheard.

NOTICE IS ALSO GIVEN that any person interest-ed may present statements, orally or in writing, relevantto this action at a hearing to be held in Airtel Plaza Ho-tel, 7277 Valjean Ave., Van Nuys, California, onWednesday, April 26, 2017, at 8:00 a.m., or as soonthereafter as the matter may be heard. It is requested, butnot required, that written comments be submitted on orbefore 5:00 p.m. on April 12, 2017 at the address givenbelow, or by email to [email protected]. Written com-

ments mailed, or emailed to the Commission office,must be received before 12:00 noon on April 21, 2017.All comments must be received no later than April 26,2017, at the hearing in Van Nuys, California. If youwould like copies of any modifications to this proposal,please include your name and mailing address.


The Initial Statement of Reasons, text of the regula-tions, as well as all related documents upon which theproposal is based (rulemaking file), are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Box 944209,Sacramento, California 94244−2090, phone (916)653−4899. Please direct requests for the above−mentioned documents and inquiries concerning the reg-ulatory process to Valerie Termini or Jon Snellstrom atthe preceding address or phone number. MelanieWeaver, Senior Environmental Scientist, (916)445−3717, has been designated to respond to questionson the substance of the proposed Use of Dogs for Pur-suit regulations. Copies of the Notice of Proposed Ac-tion, the Initial Statement of Reasons, and the text of theregulation in underline and strikeout can be accessedthrough our website at http://www.fgc.ca.gov.


If the regulations adopted by the Commission differfrom but are sufficiently related to the action proposed,they will be available to the public for at least 15 daysprior to the date of adoption. Circumstances beyond thecontrol of the Commission (e.g., timing of Federal reg-ulation adoption, timing of resource data collection,timelines do not allow, etc.) or changes made to be re-


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sponsive to public recommendation and comments dur-ing the regulatory process may preclude full compli-ance with the 15−day comment period, and the Com-mission will exercise its powers under Section 202 ofthe Fish and Game Code. Regulations adopted pursuantto this section are not subject to the time periods foradoption, amendment or repeal of regulations pre-scribed in Sections 11343.4, 11346.4 and 11346.8 of theGovernment Code. Any person interested may obtain acopy of said regulations prior to the date of adoption bycontacting the agency representative named herein.




Directly Affecting Businesses, Including theAbility of California Businesses to Compete withBusinesses in Other States:The proposed action will not have a significantstatewide adverse economic impact directlyaffecting business, including the ability ofCalifornia businesses to compete with businessesin other states. The proposed regulations wouldprovide additional recreational opportunity to thepublic and could result in minor increases inhunting days and hunter spending on equipment,fuel, food and accommodations.

(b) Impact on the Creation or Elimination of JobsWithin the State, the Creation of New Businessesor the Elimination of Existing Businesses, or theExpansion of Businesses in California; Benefits ofthe Regulation to the Health and Welfare ofCalifornia Residents, Worker Safety, and theState’s Environment:The Commission does not anticipate any impactson the creation or elimination of jobs, the creationof new business, the elimination of existingbusinesses or the expansion of businesses inCalifornia. The proposed waterfowl regulationswill set the 2017−18 waterfowl hunting seasondates and bag limits within the federalframeworks. Little to minor positive impacts tojobs and/or businesses that provide services towaterfowl hunters may result from the proposed

regulations for the waterfowl hunting season in2017−18.The most recent U.S. Fish and Wildlife nationalsurvey of fishing, hunting, and wildlife associatedrecreation for California (revised 2014), estimatedthat migratory bird hunters contributed about$169,115,000 to businesses in California duringthe 2011 migratory bird hunting season. Theimpacted businesses are generally smallbusinesses employing few individuals and, likeall, small businesses, are subject to failure for avariety of causes. Additionally, the long−termintent of the proposed regulations is to sustainablymanage waterfowl populations, and consequently,the long−term viability of these same smallbusinesses.The Commission anticipates benefits to the healthand welfare of California residents. Huntingprovides opportunities for multi−generationalfamily activities and promotes respect forCalifornia’s environment by the future stewards ofthe State’s resources. The Commission anticipatesbenefits to the State’s environment by thesustainable management of California’swaterfowl resources. The Commission does notanticipate any impacts to worker safety becausethe proposed amendments will not affect workingconditions.

(c) Cost Impacts on a Representative Private Personor Business:The Commission is not aware of any cost impactsthat a representative private person or businesswould necessarily incur in reasonable compliancewith the proposed action.


(e) Nondiscretionary Costs/Savings to LocalAgencies: None.


(g) Costs Imposed on Any Local Agency or SchoolDistrict that is Required to be Reimbursed UnderPart 7 (commencing with Section 17500) ofDivision 4, Government Code: None.



It has been determined that the adoption of these reg-ulations may affect small business. The Commissionhas drafted the regulations in plain English pursuant toGovernment Code Sections 11342.580 and11346.2(a)(1).


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TITLE 15. DEPARTMENT OFCORRECTIONS AND REHABILITATION

NOTICE IS HEREBY GIVEN that the Secretary ofthe California Department of Corrections and Rehabili-tation (CDCR), pursuant to the authority granted byGovernment Code (GC) Section 12838.5 and PenalCode (PC) Section 5055, and the rulemaking authoritygranted by PC Sections 5058 and 5058.3, in order to im-plement, interpret, and make specific PC Section 5054,proposes to amend Sections 3560, 3561, 3562, 3563,3564, 3565, 3571, 3581, 3582, 3590, 3590.1, 3590.2,and 3590.3, and adopt new Sections 3570, 3572, 3573,and 3580 of the California Code of Regulations (CCR),Title 15, Division 3 concerning the supervision ofparolees.

PUBLIC HEARING

Date and Time: February 13, 2017 — 10:00 a.m.

to 11:00 a.m. Place: Department of Corrections and

RehabilitationKern/Colorado Room1515 S Street — North Building Sacramento, CA 95811

Purpose: To receive comments about this action.

PUBLIC COMMENT PERIOD

The public comment period will close February 13,2017 at 5:00 p.m. Any person may submit public com-ments in writing (by mail, by fax, or by email) regardingthe proposed changes. To be considered by the Depart-ment, comments must be submitted by mail to CDCR,Regulation and Policy Management Branch, P.O. Box

942883, Sacramento, CA 94283−0001, by fax at (916)324−6075, or by email at [email protected] beforethe close of the comment period.

CONTACT PERSON

Please direct any inquiries regarding this action to:

Timothy M. Lockwood, ChiefRegulation and Policy Management Branch Department of Corrections and Rehabilitation P.O. Box 942883Sacramento, CA 94283−0001 Telephone (916) 445−2269

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

S. PollockRegulation and Policy Management Branch Telephone (916) 445−2308

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

Troy ToddDivision of Adult Parole Operations (916) 327−1136

AUTHORITY AND REFERENCE

PC Section 5000 provides that commencing on July1, 2005, any reference to the Department of Correctionsin this or any code refers to CDCR, Division of AdultOperations.

PC Section 5050 provides that commencing on July1, 2005, any reference to the Director of Corrections inthis or any other code refers to the Secretary of theCDCR. As of that date, the office of the Director of Cor-rections was abolished.

PC Section 5054 provides that commencing on July1, 2005, the supervision, management, and control ofthe State prisons and the responsibility for the care, cus-tody, treatment, training, discipline, and employment ofpersons confined therein are vested in the Secretary ofCDCR.

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

PC Section 5058.3 provides that an Emergency adop-tion, amendment, or repeal of a regulation by the Direc-tor shall be conducted pursuant to Chapter 3.5 (com-mencing with Section 11340) of Part 1 of Division 3 ofTitle 2 of the Government Code.


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Current regulations provide for across−the−board en-forcement of residency restrictions for specified sex of-fender parolees as per PC Section 3003.5(b). In addi-tion, current regulations: provide for the majority of pa-role violations to be filed with the Board of Parole Hear-ings (BPH); do not specify the State Authorized RiskAssessment Tools for Sex Offenders (SARATSO) foradult males — the Static−99R; do not include the Fe-male Sex Offender Risk Assessment (FSORA) for fe-males; and do not make specific PC Section 3010.10which mandates the Division of Adult Parole Opera-tions (DAPO) to file revocation petitions in superiorcourt if a sex offender on parole removes, disables, ortampers with their Global Positioning System (GPS)monitor.

The proposed regulations will provide compliancewith the court decision In re Taylor, which requires thatresidence restrictions on sex offender parolees must re-late to the crime committed, have a direct relation to thecrime, and be made upon a case−by−case basis. Addi-tionally, the proposed regulations will do the following:update the proper jurisdiction regarding the majority ofparole violations, which was moved from BPH to thecounty superior courts as a result of the 2011 PublicSafety Realignment Act; implement and make specificPC Sections 290.03 and 290.04, which require DAPOto use evidence−based risk assessments and supple-mental risk assessments to determine the likelihood ofsex offenders to commit a new sex crime, and specifi-cally requires CDCR to use the Static−99 risk assess-ment tool for adult males; incorporates by reference in-to the CCR the Static−99R and the supplemental toolsLS/CMI to measure risk of future violence and theSTABLE−2007/ACUTE−2007 to measure dynamicrisk factors; incorporates the Department’s risk assess-ment tool for females, the Female Sex Offender RiskAssessment (FSORA); and in compliance with PC Sec-tion 3010.10, allows for DAPO to file revocation peti-tions in superior court if a sex offender on parole re-moves, disables, or tampers with their Global Position-ing System (GPS) monitor.

The broad objective of the proposed regulations is toupdate DAPO’s processess and to comply with thecourt decision regarding In re Taylor.

This action provides the following:� Removes language which is no longer applicable

regarding BPH.

� Renames Section 3570 to “Definition of a SexOffender” and adopts new language to provide thisdefinition.

� Revises Section 3571, “Sex Offender ResidenceRestrictions,” to require these restrictions on acase−by−case basis, and removes language thatreferred to an across−the−board 2,000 feetrestriction for specified sex offenders.

� Adopts new Section 3572 “Violation of Parole forDisabling or Tampering with the GlobalPositioning System Monitor.”

� Adopts new Section 3573 “Sex Offender RiskAssessment,” and incorporates the Static−99R riskassessment for adult males and the FSORA foradult females into the CCR by reference. Alsoincorporates by reference into the CCR, thesupplemental risk assessments LS/CMI (for bothmales and females) and the STABLE−2007/ACUTE−2007 (for just males).

� Provides a new definition for a “High Risk SexOffender” in Section 3580.

� Revises Section 3582, “High Risk Sex OffenderResidence Restrictions,” to remove language thatreferred to an across−the−board 2,000 feetrestriction for specified sex offenders and providesnew language that a residence restriction shall notbe imposed unless it is supported by circumstancesfound in the parolee’s criminal history asdescribed in Section 3571.

� Removes unnecessary and duplicative languageand renumbers subsections within Section 3582.

This Notice of Proposed Regulations includes re-vised text from the originally approved and adoptedemergency text regulations. The changes in these Pro-posed Text of Regulations were necessary to complywith SARATSO Review Committee recommendationsfor supplemental risk assessments, and to provide cor-rect terminology regarding new risk category labels forthe Static−99R. These changes were not initially in-cluded in the emergency text regulations due to an over-sight. The revisions to the emergency text language,which is now included in these Text of Proposed Regu-lations, is as follows:� In Section 3570, to provide more clarity, the

language “Chapter 5.5” was added after “SexOffender Registration Act.”

� In Section 3573, the word “adult” was added infront of the words “male sex offender” forconsistency and clarity purposes; and, in order toprovide consistency and comply with newSARATSO Review Committee approved riskcategory labels for the Static−99R, the language “ascore of four (4) or higher” was replaced with “anabove average risk or higher to commit a new sexoffense” regarding designating as a High Risk SexOffender. In addition to this section’s language


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changes, a revised Static−99R replaces theinitially adopted Static−99R, to include the use ofthe new nomenclature language for the riskcategory labels. The revised Static−99R isincorporated by reference into the CCR, andincluded in the Notice of Change to Regulations.

� In order to comply with PC 290.04(b)(2) whichspecifies use of supplemental risk assessments tothe Static−99R, existing subsection 3573(b), wasrelocated and renumbered as 3573(c) toaccommodate for new subsection 3573(b) whichadds new text language to incorporate thesupplemental assessments to the Static−99R, theLS/CMI for risk of future violence, and theSTABLE−2007/ACUTE−2007 for dynamic riskfactors, These supplemental assessments areincorporated by reference into the CCR, andincluded in this Notice of Change to Regulations.

� In new subsection 3573(c) (formerly 3573(b)) theword “adult” was added in front of the words“female sex offender/s” for consistency and claritypurposes.

� Existing subsection 3573(c) was relocated andrenumbered as 3573(e) due to renumbering withinthe section.

� Existing subsection 3573(d) was relocated andrenumbered as 3573(f) due to renumbering withinthe section. Additionally, language whichreferenced “pursuant to section 3573(b) and (c)”was corrected to “pursuant to section 3573(a) and(c).”

� New subsection 3573(d) was added to incorporatethe supplemental risk assessment LS/CMI for usewith the FSORA.

� Section 3580 added the language “pursuant to theSex Offender Registration Act, including” in frontof “PC sections 290(c), . . .” for clarity andconsistency purposes. Additionally, languagewhich referenced “pursuant to sections 3573(b)and (c)” was corrected to “pursuant to sections3573(a) and (c).”

DOCUMENTS INCORPORATED BYREFERENCE

The Static−99R (Revised 11/2/16), FSORA(11/19/15), LS/CMI (10/28/16), and STABLE−2007/ACUTE−2007 (10/28/16) risk assessments, aswell as the CDCR Form 1650−D (Rev. 06/12), Recordof Supervision, and CDCR Form 602 (Rev. 08/09), In-mate/Parolee Appeal, are incorporated by reference in-

to these regulations and will be made available to thepublic along with the Notice of Proposed Regulations,Text of Proposed Regulations, and Initial Statement ofReasons.

BENEFITS ANTICIPATED BY THEPROPOSED REGULATIONS

The proposed regulations will benefit Californiaparolees by promoting fairness and preventing discrim-ination against sex offender parolees by removing blan-ket enforcement of PC Section 3003.5(b) on specifiedsex offenders. The protection of public safety will beenhanced by the use of the Static−99R and FSORA riskassessment tools, along with the supplemental risk as-sessment tools LS/CMI and STABLE−2007/ACUTE−2007 to determine a sex offender parolee’slikelihood of committing a new sex crime and what risklevel they pose to the community. Additionally, publicsafety is enhanced by DAPO’s ability to file a parole re-vocation petition in superior court if a sex offender onparole removes, disables, or tampers with their GPSmonitor.

EVALUATION OFCONSISTENCY/COMPATIBILITY WITH

EXISTING LAWS/REGULATIONS

The Department has determined that these proposedregulations are consistent and compatible with existingstate laws and regulations. The Department reached thisconclusion by reviewing existing CCR, Title 15, Divi-sion 3, related to the supervision of parolees.

LOCAL MANDATES

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

FISCAL IMPACT STATEMENT

� Cost to any local agency or school district that is required o be reimbursed pursuant to 17500 et seq.: none

� Cost or savings to any State agency: none� .Other nondiscretionary cost or

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

the State: none


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EFFECT ON HOUSING COSTS

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

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

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

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT AFFECTING BUSINESSES

The Department has initially determined that the pro-posed regulations 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.

EFFECT ON SMALL BUSINESSES

The Department has determined that the proposedregulations will not affect small businesses. It is deter-mined that this action has no significant adverse eco-nomic impact on small business because they are not af-fected by the supervision of parolees.

RESULTS OF ECONOMICIMPACT ASSESSMENT

The Department has determined that the proposedregulations will have no impact on the creation of newor the elimination of existing jobs or businesses withinCalifornia, or affect the expansion of businesses cur-rently doing business in California. The Departmenthas determined that the proposed regulations will haveno effect on worker safety or the state’s environment be-cause the proposed regulations relate strictly to the su-pervision of California parolees. The proposed regula-tions will benefit the health and welfare of Californiaresidents by promoting safety within California com-munities. There are no benefits to worker safety or thestate’s environment other than those provided by thegeneral enhancement of safety within California com-munities.


The Department must determine that no reasonablealternative considered by the Department, or that hasotherwise been identified and brought to the attention ofthe Department, would be more effective in carryingout the purpose for which the action is proposed, wouldbe as effective and less burdensome to affected privatepersons than the proposed action, or would be morecost−effective to affected private persons and equallyeffective in implementing the statutory policy or otherprovision of law. Interested persons are accordingly in-vited to present statements or arguments with respect toany alternatives to the changes proposed at the sched-uled hearing or during the written comment period.

AVAILABILITY OF PROPOSED TEXT ANDINITIAL STATEMENT OF REASONS

The Department will make available the text and theInitial Statement of Reasons (ISOR) of the proposedregulations. The rulemaking file for this regulatory ac-tion, which contains those items and all information onwhich the proposal is based, is available to the publicupon request directed to the Department’s contact per-son. The proposed text, ISOR, and Notice of ProposedRegulations will also be made available on the Depart-ment’s website: http://www.cdcr.ca.gov.

AVAILABILITY OF CHANGES TOPROPOSED TEXT

After considering all timely and relevant commentsreceived, the Department may adopt the proposed regu-lations substantially as described in this Notice. If theDepartment makes modifications which are sufficient-ly related to the originally proposed text, it will makethe modified text (with the changes clearly indicated)available to the public for at least 15 days before the De-partment adopts the regulations as revised. Requests forcopies of any modified regulation text should be direct-ed to the contact person indicated in this Notice. TheDepartment will accept written comments on the modi-fied regulations for 15 days after the date on which theyare made available.

AVAILABILITY OF THE FINAL STATEMENTOF REASONS

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


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GENERAL PUBLIC INTEREST

FISH AND GAME COMMISSION

NOTICE OF FINDINGS

Coast Yellow Leptosiphon(Leptosiphon croceus)

NOTICE IS HEREBY GIVEN that, pursuant to theprovisions of Section 2074.2 of the Fish and GameCode, the California Fish and Game Commission(Commission), at its December 8, 2016, meeting in SanDiego, California, accepted for consideration the peti-tion submitted to list coast yellow leptosiphon as an en-dangered species. Pursuant to subdivision (e)(2) of Sec-tion 2074.2 of the Fish and Game Code, the Commis-sion determined that the amount of information con-tained in the petition, when considered in light of theDepartment of Fish and Wildlife’s (Department) writ-ten report, the comments received, and the remainder ofthe administrative record, would lead a reasonable per-son to conclude there is a substantial possibility the re-quested listing could occur.

Based on that finding and the acceptance of the peti-tion, the Commission is also providing notice that theaforementioned species is a candidate species as de-fined by Section 2068 of the Fish and Game Code.

Within one year of the date of publication of this no-tice of findings, the Department shall submit a writtenreport, pursuant to Section 2074.6 of the Fish and GameCode, indicating whether the petitioned action is war-ranted. Copies of the petition, as well as minutes of theDecember 8, 2016 Commission meeting, are on file andavailable for public review from the agency representa-tive, Valerie Termini, Executive Director, Fish andGame Commission, 1416 Ninth Street, Room 1320,Sacramento, California 95814, phone (916) 653−4899.Written comments or data related to the petitioned ac-tion should be directed to the Commission at the afore-mentioned address.

FISH AND GAME COMMISSION

December 9, 2016

TO ALL AFFECTED AND INTERESTEDPARTIES:

Re: Use of Dogs for Pursuit/Take of Mammals, Section 265, Title 14, California Code of Regulations; published in California NoticeRegister, November 18, 2016, Notice File

No. Z2016−1108−06, Register 2016, No. 47−Z.

In addition to this notice, this document is availablefor public inspection between the hours of 8:00 a.m. and5:00 p.m., Monday through Friday, at 1416 NinthStreet, Room 1320, Sacramento, CA or on our website(link provided below).

Notice was given that any person interested maypresent statements, orally or in writing, relevant to thisrulemaking at an adoption hearing to be held on Febru-ary 8, 2017, at 8:00 a.m., or as soon thereafter as thematter may be heard. It was further noticed that a specif-ic location would be determined and provided to inter-ested and affected parties.

This notice is to inform you that the location for thescheduled adoption hearing on February 8, 2017 meet-ing, at 8:00 a.m. is:

DoubleTree by Hilton Hotel SonomaOne Doubletree DriveRohnert Park, CA 94928

Additional information and all associated documentsmay be found on the Fish and Game Commission web-site at http://www.fgc.ca.gov/regulations/2016/index.aspx#265_2.

PROPOSITION 65

OFFICE OF ENVIRONMENTALHEALTH HAZARD ASSESSMENT

SAFE DRINKING WATER AND TOXICENFORCEMENT ACT OF 1986

(PROPOSITION 65)

NOTICE TO CHANGE THE BASIS FORLISTING OF CHLOROFORM AS KNOWN TO

THE STATE OF CALIFORNIA TO CAUSEREPRODUCTIVE TOXICITY

Effective December 23, 2016, the basis for the listingof chloroform under Proposition 651 as known to causereproductive toxicity is the state’s qualified expertsmechanism. This chemical was originally added in2009 to the Proposition 65 list as causing reproductivetoxicity via the “Labor Code mechanism” pursuant toLabor Code section 6382(d), which is incorporated byreference in Health and Safety Code section25249.8(a). Based on changes to certain federal regula-

1 The Safe Drinking Water and Toxic Enforcement Act of 1986,commonly known as Proposition 65, is codified in Health andSafety Code section 25249.5 et seq.


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tions that affected the basis for the original listing of thischemical as causing reproductive toxicity, the Califor-nia Environmental Protection Agency’s Office of Envi-ronmental Health Hazard Assessment (OEHHA) re-ferred the chemical to the Developmental and Repro-ductive Toxicant Identification Committee (DARTIC)for reconsideration. In its official capacity as the“state’s qualified experts” at a public meeting held onOctober 27, 2016, the DARTIC determined that chloro-form has been clearly shown, through scientificallyvalid testing according to generally accepted principles,to cause reproductive toxicity and should remain on theProposition 65 list. Regulations governing the listing ofchemicals by the DARTIC are set out in Title 27, Cali-fornia Code of Regulations, section 25305(b)(1).

The effective date of the listing of chloroform asknown to cause reproductive toxicity remains un-changed: August 7, 2009.

In summary, the chemical in the table below is beingretained on the Proposition 65 list as known to the stateto cause reproductive toxicity.

Chemical CAS No. Toxicological ListingEndpoints Mechanism2

Chloroform 67−66−3 Developmental SQE

2 SQE: States’s Qualified Experts.

DECISION NOT TO PROCEED

BOARD OF FORESTRY AND FIREPROTECTION

Pursuant to Government Code Section 11347, theBoard of Forestry and Fire Protection hereby gives no-tice that it has decided not to proceed with the rulemak-ing action published in the California Regulatory No-tice Register (CRNR) October 28, 2016, Notice Regis-ter 2016, 44−Z. The proposed rulemaking concernedthe Board’s statutorily required review of General PlanSafety Elements. The associated hearing scheduled forJanuary 24th, 2017 is canceled.

Any interested person with questions concerning thisrulemaking should contact Edith Hannigan at either(916) 862−0120 or by e−mail at: edith. [email protected].

The Board will also publish this Notice of DecisionNot to Proceed on its website.

The Board is publishing a new 45−day Notice on thesame subject in this same Notice Register.

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# 2016−1027−01BOARD OF EQUALIZATIONProperty Transferred or Sold by Certain NonprofitOrganizations

This action without regulatory effect by the Board ofEqualization adds a reference to Revenue and TaxationCode section 6018.10 to the list of Revenue and Taxa-tion Code sections set forth in section 1597, subd. (a) oftitle 18 of the California Code of Regulations that “pro-vide that certain organizations are consumers and notretailers of specified kinds of tangible personal propertyunder certain conditions.”

Title 18AMEND: 1597Filed 12/08/2016Agency Contact: Richard Bennion (916) 445−2130

File# 2016−1031−01BOARD OF PHARMACYAdvanced Practice Pharmacist

This is a resubmittal of rulemaking action no.2016−0603−02S by the Board of Pharmacy, which wasdisapproved by OAL on July 18, 2016. The purpose ofthis action is to set forth requirements and fees for a li-censed pharmacist to obtain Board recognition as anAdvanced Practice Pharmacist.

Title 16ADOPT: 1730, 1730.1 AMEND: 1730.2, 1731[renumbered], 1749Filed 12/13/2016Effective 12/13/2016Agency Contact: Debbie Damoth (916) 574−7935

File# 2016−1202−03CALIFORNIA HEALTH BENEFIT EXCHANGEEnrollment Assistance

This emergency rulemaking action by the CaliforniaHealth Benefit Exchange (Exchange) indefinitely ex-tends the time period in which the Exchange will pay


2199

fingerprinting costs for certain individuals, and furtherdefines the enrollment assistance responsibilities ofCertified Enrollment Entities and Counselors.

Title 10AMEND: 6658, 6660, 6664Filed 12/12/2016Effective 12/12/2016Agency Contact: Brian Kearns (916) 228−8843

File# 2016−1028−02DEPARTMENT OF INDUSTRIAL RELATIONSWorkers’ Compensation−Self−Insurance

In this rulemaking action, the Department of Industri-al Relations, Office of Self−Insured Plans amends nu-merous sections in Title 8 of the California Code ofRegulations, as well as a number of forms incorporatedtherein by reference, so as to streamline regulations forself−insured plans. The action establishes an onlineplatform for the submission of annual reports, elimi-nates certain financial and reporting requirements, sim-plifies or replaces application and reporting forms, andsimplifies requirements for the application and renewalprocesses.

Title 8AMEND: 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, 15497Filed 12/14/2016Effective 01/01/2017Agency Contact: Lyn Asio Booz (916) 464−7105

File# 2016−1110−01DEPARTMENT OF INSURANCEAnti−Steering in Auto Body Repairs

In this rulemaking action and in response to con-sumer complaints, the Department of Insurance amendssubdivision (e) of section 2695.8 of Title 10 of the Cali-fornia Code of Regulations to further implement and in-terpret, among other statutes, section 758.5 of the Insur-ance Code concerning anti−steering provisions applica-ble to automobile insurance. More specifically, the ac-tion further specifies prohibitions on insurers makinguntruthful or deceptive statements that unreasonablyinfluence policy holders and third parties (claimants) inselecting automobile repair facilities and further de-fines terms and concepts, such as when a claimant haschosen an automotive repair shop and what are unrea-

sonable times or distances for the inspection of dam-aged automobiles, among other provisions.

Title 10AMEND: 2695.8(e)Filed 12/12/2016Effective 01/01/2017Agency Contact: George Teekell (415) 538−4390

File# 2016−1129−02 FISH AND GAME COMMISSIONConflict−of−Interest Code

This is a Conflict−of−Interest code that has been ap-proved by the Fair Political Commission and is beingsubmitted for filing with the Secretary of State andprinting.

Title 14ADOPT: 782.1Filed 12/08/2016Effective 01/07/2017Agency Contact: Caren Woodson (916) 653−4899

File# 2016−1024−03OCCUPATIONAL SAFETY AND HEALTHSTANDARDS BOARDWorkplace Violence Prevention in Health Care

The Occupational Safety and Health StandardsBoard in response to two petitions and newly enactedlegislation (SB 1299, CH 842, Statutes of 2014) isadopting a workplace violence prevention standard.This new regulation, section 3342 in title 8 of the Cali-fornia Code of Regulations, requires certain health carefacilities to adopt a workplace violence prevention planas part of their injury and illness prevention plan to pro-tect health care workers and other facility personnelfrom aggressive and violent behavior.

Title 8ADOPT: 3342Filed 12/08/2016Effective 04/01/2017Agency Contact: Marley Hart (916) 274−5721

File# 2016−1118−06OFFICE OF THE LIEUTENANT GOVERNORConflict−of−Interest Code

This is a conflict−of−interest code that has been ap-proved by the Fair Political Commission and is beingsubmitted for filing with Secretary of State and printingonly.

Title 2AMEND: 22999Filed 12/08/2016Effective 01/07/2017Agency Contact: Rhys Williams (916) 445−8994


2200

File# 2016−1122−03SACRAMENTO−SAN JOAQUIN DELTACONSERVANCYConflict−of−Interest Code

This is a Conflict−of−Interest code that has been ap-proved by the Fair Political Commission and is beingsubmitted for filing with the Secretary of State andprinting.

Title 14AMEND: 28301Filed 12/12/2016Effective 01/11/2017Agency Contact: Brandon Chapin (916) 375−2091

File# 2016−1103−01STATE ALLOCATION BOARDLeroy F. Greene School Facilities Act of 1998; GSD,Ext. #9

This rulemaking action by the State Allocation Boardextends, from January 1, 2017 to January 1, 2018, thesunset date for the additional General Site DevelopmentGrant that school districts may be eligible for under theSchool Facility Program (SFP). This grant programhelps school districts cover the extra costs involvedwhen they build new schools or add additions to exist-ing schools requiring the development of new acreage.These extra costs include: landscaping, finish grading,driveways, walkways, outdoor instructional play facili-ties, permanent playground equipment, and athleticfields. This action also updates an outdated reference tothe Education Code.

Title 2AMEND: 1859.2, 1859.76Filed 12/12/2016Effective 12/12/2016Agency Contact: Lisa Jones (916) 376−1753

File# 2016−1128−02STATE ATHLETIC COMMISSIONDehydration and Rehydration

This emergency action by the State Athletic Commis-sion readopts emergency regulations that provide saferweigh−in procedures, allow Commission−appointedringside physicians to test athletes for signs of dehydra-tion, and prohibit the use of intravenous therapies to re-gain hydration after a weigh−in.

Title 4ADOPT: 299 AMEND: 297, 300Filed 12/07/2016Effective 12/13/2016Agency Contact: Sophia Cornejo (916) 263−2196

File# 2016−1102−01STATE WATER RESOURCES CONTROL BOARDSan Francisco Bay Beaches Bacteria Total MaximumDaily Load (TMDL)

The State Water Resources Control Board (State Wa-ter Board) submitted this action for review under Gov-ernment Code section 11353 to adopt section 3919.17in title 23 of the California Code of Regulations regard-ing amendments to the Water Quality Control Plan forthe San Francisco Bay Region (Basin Plan). The BasinPlan amendments were adopted by the San FranciscoBay Regional Water Quality Control Board on April 13,2016 in Resolution No. R2−2016−0021. The State Wa-ter Board approved the Basin Plan amendments on Au-gust 16, 2016 in Resolution No. 2016−0046. The BasinPlan amendments establish a Total Maximum DailyLoad and Implementation Plan for Bacteria in SanFrancisco Bay Beaches.

Title 23ADOPT: 3919.17Filed 12/13/2016Effective 12/13/2016Agency Contact: Janet O’Hara (510) 622−5681

CCR CHANGES FILEDWITH THE SECRETARY OF STATE

WITHIN July 13, 2016 TODecember 14, 2016

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

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

10/18/16 AMEND: 1895110/03/16 ADOPT: 649.49 AMEND: 649, 649.3,

649.4, 649.18, 649.50, 649.52, 649.57,649.60 REPEAL: 649.1, 649.46, 649.51,649.62


2201

09/19/16 ADOPT: 18751 REPEAL: 1875109/19/16 AMEND: 18215.3, 1823209/15/16 AMEND: 1894209/13/16 AMEND: 1181.2, 1181.3, 1181.6,

1183.1, 1183.2, 1183.3, 1183.8, 1183.9,1183.10, 1183.11, 1183.14, 1183.15,1183.17, 1183.18, 1185.1, 1185.2,1185.3, 1185.4, 1185.5, 1187.4, 1187.6,1187.7, 1187.8, 1187.9, 1187.14,1187.15, 1190.1, 1190.2, 1190.3, 1190.5

09/07/16 ADOPT: 3000, 3001, 3002, 3003, 3004,3005, 3006, 3007, 3008, 3009, 3010,3011, 3012, 3013, 3014, 3015, 3016

08/31/16 AMEND: 18531.508/17/16 AMEND: 1823908/17/16 AMEND: 5900007/29/16 ADOPT: 599.86007/13/16 AMEND: 1859.2, 1859.102 REPEAL:

1866, 1866.1, 1866.2, 1866.3, 1866.4,1866.4.1, 1866.4.2, 1866.4.3, 1866.4.4,1866.4.6, 1866.4.7, 1866.5, 1866.5.1,1866.5.2, 1866.5.3, 1866.5.4, 1866.5.5,1866.5.6, 1866.5.7, 1866.5.8, 1866.5.9,1866.7, 1866.8, 1866.9, 1866.9.1,1866.10, 1866.12, 1866.13, 1866.14

Title 312/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 AMEND: 3435(b)12/05/16 ADOPT: 3591.2712/05/16 AMEND: 3435(b)12/01/16 AMEND: 3435(b)11/22/16 AMEND: 3024.811/17/16 AMEND: 3435(b)11/14/16 AMEND: 3435(b)11/09/16 AMEND: 311/09/16 AMEND: 3435(b)11/08/16 AMEND: 3435(b)11/03/16 AMEND: 3589(a)11/02/16 ADOPT: 3591.2811/02/16 AMEND: 3591.1210/28/16 AMEND: 3435(b)10/28/16 AMEND: 3435(b)10/19/16 AMEND: 3435(b)10/17/16 ADOPT: 6722 AMEND: 6000, 6618,

6619, 6720, 6723, 6723.1, 6724, 6726,6732, 6734, 6768.3, 6738.4, 6744, 6761,6761.1, 6762, 6764, 6766, 6768, 6769,6770, 6771, 6776, 6782

10/13/16 AMEND: 3435(b)10/12/16 ADOPT: 6302 AMEND: 641410/06/16 REPEAL: 396310/06/16 AMEND: 3435(b)09/30/16 AMEND: 3435(b)

09/27/16 AMEND: 3435(b)09/27/16 AMEND: 4603, 3883 REPEAL: 388509/21/16 ADOPT: 302, 303, 304, 304.1, 304.2,

305, 305.1, 305.2, 305.3, 306, 306.1,306.2, 306.3, 307, 308, 309, 310, 310.1,311, 312, 313, 314, 315, 316.1, 316.2,316.3, 316.4, 317, 318, 319, 320.1, 320.2,320.3, 321, 322, 322.1, 322.2, 322.3, 323,323.1, 323.2, 324.1, 324.2, 325, 326, 327,328, 329, 330.1, 330.2, 340

09/20/16 AMEND: 3435(b)09/20/16 AMEND: 3435(b)09/16/16 AMEND: 3435(b)09/14/16 AMEND: 3435(b)09/07/16 ADOPT: 344209/07/16 ADOPT: 3000, 3001, 3002, 3003, 3004,

3005, 3006, 3007, 3008, 3009, 3010,3011, 3012, 3013, 3014, 3015, 3016

08/29/16 ADOPT: 3591.2608/29/16 AMEND: 3435(b)08/29/16 AMEND: 3591.208/26/16 AMEND: 3435(b)08/25/16 AMEND: 3435(b)08/24/16 AMEND: 3435(b)08/24/16 AMEND: 1358.708/23/16 AMEND: 3435(b)08/03/16 AMEND: 3435(b)08/02/16 AMEND: 3435(b)08/01/16 AMEND: 3435(b)08/01/16 AMEND: 3435(b)07/25/16 AMEND: 3024.507/25/16 AMEND: 3435(b)07/25/16 AMEND: 3435(b)07/25/16 AMEND: 3435(b)07/21/16 AMEND: 3435(b)07/20/16 AMEND: 3435(b)

Title 412/07/16 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, 705510/17/16 AMEND: 1843.310/13/16 AMEND: 173410/11/16 ADOPT: 61009/28/16 AMEND: 110709/28/16 AMEND: 100709/15/16 ADOPT: 424, 425, 426, 830, 831, 832,

833, 834, 835, 836 AMEND: 201.5, 30309/13/16 ADOPT: 1489.208/29/16 ADOPT: 8078.8, 8078.9, 8078.10,

8078.11, 8078.12, 8078.13, 8078.14


2202

08/09/16 AMEND: 10031, 10032, 10033, 10035,10036

07/25/16 AMEND: 1581, 184307/19/16 AMEND: 517007/19/16 ADOPT: 1866.1 AMEND: 1844

Title 512/05/16 AMEND: 80015, 80015.1, 8007111/15/16 ADOPT: 11524, 11525 AMEND: 11520,

11521, 1152209/22/16 ADOPT: 11533, 11534 AMEND: 11530,

1153108/30/16 ADOPT: 170008/26/16 AMEND: 27000, 2700408/16/16 ADOPT: 80022 AMEND: 80025.308/03/16 AMEND: 1981007/27/16 AMEND: 1981007/20/16 AMEND: 30950, 30951, 30951.1,

30952, 30953, 30954, 30955, 30956,30957, 30958, 30959

07/14/16 ADOPT: 74117 AMEND: 74110, 74112

Title 710/06/16 AMEND: 211.5, 213, 215, 218

Title 812/14/16 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: 327310/17/16 ADOPT: 1532.3, 5204 AMEND: 515509/20/16 AMEND: 33408/02/16 ADOPT: 346, 346.1, 346.2, 350.3, 350.4,

355.1, 355.2, 355.3, 355.4, 355.5, 372.8,372.9, 376.8 AMEND: 347, 348, 352,354, 356, 356.1, 356.2, 359, 359.1, 361.3,364.2, 371, 371.1, 371.2, 372.6, 376.1,376.4, 376.7, 378, 380, 383, 391.1, 392,392.4, 392.5 REPEAL: 355

07/28/16 ADOPT: 9792.24.4 AMEND: 9792.23,9792.24.2

Title 909/16/16 ADOPT: 4700, 4710, 4711, 4712, 4713,

4714, 4715, 4716, 4717

Title 1012/12/16 AMEND: 2695.8(e)12/12/16 AMEND: 6658, 6660, 666412/06/16 AMEND: 2318.6, 2353.1, 2354

11/30/16 ADOPT: 2695.81, 2695.82 AMEND:2698.91

11/29/16 AMEND: 2690, 2690.1, 2690.211/28/16 ADOPT: 646411/21/16 AMEND: 8000, 803011/02/16 AMEND: 2498.609/30/16 ADOPT: 6520, 6522, 6524, 6526, 6528,

6530, 6532, 6534, 6536, 653809/30/16 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

09/29/16 AMEND: 3542, 3570, 357709/27/16 AMEND: 354309/01/16 ADOPT: 686408/29/16 AMEND: 356808/29/16 AMEND: 356908/10/16 AMEND: 250.30 REPEAL: 5.2000,

5.200108/09/16 AMEND: 2498.608/09/16 AMEND: 2498.4.908/09/16 AMEND: 2498.608/09/16 AMEND: 2498.4.9, 2498.608/08/16 AMEND: 2498.5

Title 1111/22/16 AMEND: 100510/31/16 AMEND: 1950, 195310/17/16 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

09/22/16 AMEND: 1001, 1052, 105309/08/16 AMEND: 1001, 1014, 1015, 105508/30/16 ADOPT: 3205 AMEND: 3000, 3001,

3003, 3201, 3203, 320408/02/16 AMEND: 1003, 1055, 1081, 1950, 195907/28/16 AMEND: 1005, 1007, 1008

Title 1208/31/16 AMEND: 452, 45308/30/16 ADOPT: 463, 464 AMEND: 461

Title 1312/06/16 AMEND: 59011/29/16 AMEND: 120.00, 120.0111/29/16 AMEND: 152.00, 155.0411/22/16 AMEND: 123911/03/16 ADOPT: 345.44, 345.45, 345.46, 345.47

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


2203

10/17/16 AMEND: Appendix Article 2.010/17/16 AMEND: 268.1210/06/16 AMEND: 15.0809/20/16 ADOPT: 222.00, 222.0209/01/16 AMEND: 55008/23/16 AMEND: 1606, 16.08, Appendix07/25/16 AMEND: 1202.1, 1202.2, 123207/25/16 AMEND: 1900, 1956.8, 1968.2, 1968.5,

1971.1, 1971.5, 2485, 95302, 95662

Title 1412/12/16 AMEND: 2830112/08/16 ADOPT: 782.112/01/16 AMEND: 895.1, 1032.711/29/16 AMEND: 670.511/17/16 AMEND: 670.511/15/16 AMEND: 1104.111/15/16 ADOPT: 13111/10/16 AMEND: 300, 311, 745.511/02/16 AMEND: 1.53, 27.00, 28.6510/31/16 AMEND: 1724.910/27/16 AMEND: 29.4510/26/16 AMEND: 180.610/17/16 AMEND: 66510/06/16 AMEND: 895.1, 898.210/04/16 ADOPT: 17403.3.1 AMEND: 17402,

17403.0, 17405.010/04/16 AMEND: 819, 819.01, 819.02, 819.03,

819.04, 819.05, 819.06, 819.0709/27/16 AMEND: Appendix G09/22/16 AMEND: 18660.4009/13/16 ADOPT: 250.209/08/16 AMEND: 913.4, 933.409/01/16 ADOPT: 820.0209/01/16 ADOPT: 798 AMEND: 791, 791.6,

791.7, 792, 793, 794, 795, 796, 79709/01/16 ADOPT: 817.04 AMEND: 79008/30/16 AMEND: 699.508/15/16 ADOPT: 1666.0, 1666.1, 1666.2, 1666.3,

1666.4, 1666.5, 1666.6, 1666.7, 1666.8,1666.9, 1666.10 1666.11, 1666.12,1666.13, 1666.14, 1666.15, 1666.16AMEND: 1665.2 REPEAL: 1665.8

08/03/16 AMEND: 29.8508/01/16 ADOPT: 13108/01/16 AMEND: 1724.907/27/16 ADOPT: 708.18 AMEND: 265, 353, 360,

361, 362, 363, 364, 364.107/27/16 ADOPT: 708.18 AMEND: 265, 353, 360,

361, 362, 363, 364, 364.107/25/16 AMEND: 1305507/18/16 AMEND: 1038

Title 1511/17/16 AMEND: 810511/14/16 AMEND: 3140

11/09/16 ADOPT: 8106.110/20/16 ADOPT: 3401.6 AMEND: 3084.2,

3084.6, 3084.8, 3084.9, 3323, 3335,3401.5

10/20/16 AMEND: 3134.1, 313610/19/16 ADOPT: 3999.2110/11/16 AMEND: 3000, 3078.1, 3078.2, 3078.3,

3078.410/10/16 ADOPT: 3570, 3572, 3573, 3580

AMEND: 3560, 3561, 3562, 3563, 3564,3565, 3571, 3581, 3582, 3590, 3590.1,3590.2, 3590.3

09/06/16 ADOPT: 3040.2 AMEND: 3000, 3040.1,3041, 3041.3, 3043.6, 3379

08/17/16 AMEND: 3000, 3306, 332308/11/16 AMEND: 3375.1, 337707/13/16 AMEND: 8000, 8001, 8100, 8901

Title 1612/13/16 ADOPT: 1730, 1730.1 AMEND: 1730.2,

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

867, 869.1, 869.5, 870 REPEAL: 81711/09/16 AMEND: 1536, 157111/07/16 AMEND: 4210/27/16 AMEND: 1328.110/25/16 ADOPT: 1399.140.1 AMEND:

1399.140, 1399.141, 1399.142,1399.143, 1399.144

10/18/16 AMEND: 1399.34410/17/16 ADOPT: 3365.110/12/16 AMEND: 1936, 1936.1, 1936.210/05/16 ADOPT: 965.109/29/16 ADOPT: 119.8 AMEND: 118.509/27/16 AMEND: 1313.409/19/16 AMEND: 1399.62109/15/16 AMEND: 100409/14/16 AMEND: 1399.52309/13/16 ADOPT: 1751.8, 1751.9, 1751.10, 1752,

1753, 1754 AMEND: 1735, 1735.1,1735.2, 1735.3, 1735.4, 1735.5, 1735.6,1735.7, 1735.8, 1751, 1751.1, 1751.2,1751.3, 1751.4, 1751.5, 1751.6, 1751.7,1751.8

09/13/16 AMEND: 262009/12/16 ADOPT: 635.1 AMEND: 631, 631.1,

633, 63509/07/16 ADOPT: 1328.109/01/16 AMEND: 1399.69608/30/16 REPEAL: 1054, 1054.1, 1054.208/25/16 ADOPT: 1746.408/23/16 AMEND: 204308/22/16 AMEND: 1023.16


2204

08/22/16 AMEND: 1495.108/15/16 AMEND: 411008/10/16 ADOPT: 1730.208/03/16 AMEND: 1397.12 (renumbered to

section 1395.2)08/01/16 ADOPT: 2071.1, 2087, 2087.1, 2087.2,

2087.3 AMEND: 2034, 2035, 2036.507/28/16 ADOPT: 3395.5 AMEND: 3340.1,

3340.10, 3340.28, 3395.407/19/16 AMEND: 1355.35

Title 1712/05/16 ADOPT: 10050410/26/16 AMEND: 9400608/11/16 AMEND: 6901, 6902, 690307/25/16 ADOPT: 51000, 51001, 51002

Title 1812/08/16 AMEND: 159711/17/16 ADOPT: 19195−1, 19195−210/26/16 AMEND: 462.04010/26/16 AMEND: 282, 28309/15/16 AMEND: 25136−208/31/16 AMEND: 159708/16/16 AMEND: 159008/02/16 AMEND: 17000.3007/27/16 ADOPT: 407607/27/16 AMEND: 1506

Title 2011/30/16 AMEND: 97174, 97176 REPEAL:

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

11/28/16 AMEND: 4067911/01/16 AMEND: 1601, 1602, 1604, 1605.1,

1605.3, 1606, 160710/31/16 AMEND: 1391, 1392, 1393, 1394

Title 2107/26/16 ADOPT: 1475, 1476, 1478, 1479, 1480,

1481, 1482, 1483, 1484, 1485, 1486,1487, 1488, 1489, 1490, 1491

Title 2211/30/16 AMEND: 97174, 97176 REPEAL:

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

11/28/16 AMEND: 4067911/22/16 AMEND: 65523, 65529, 6553009/30/16 ADOPT: 66387.1, 66387.2, 66387.3,

66387.4, 66387.5, 66387.6, 66387.7,66387.8, 66387.9

09/16/16 AMEND: 9717409/12/16 ADOPT: 66273.80, 66273.81, 66273.82,

66273.83, 66273.84, 66273.90,66273.91, 66273.100, 66273.101AMEND: 66261.4, 66273.6, 66273.7,66273.9, 66273.70, 66273.72, 66273.73,66273.74, 66273.75

08/31/16 REPEAL: 100031, 100032, 100033,100034, 100035, 100036, 100037,100038, 100039, 100040, 100041,100042

08/01/16 AMEND: 51516.107/20/16 AMEND: 97212, 97215, 97225, 97226,

97227, 97228, 97229, 97248, 97252,97258, 97259, 97260, 97264 REPEAL:97261

Title 22, MPP08/17/16 AMEND: 86500, 86501, 86501.5,

86505.1, 86506, 86522, 86524, 86528,86561, 86565, 86565.5, 86568.1,86568.2, 86568.4, 86570, 86575, 86577,86580, 86587, 86587.1

Title 2312/13/16 ADOPT: 3919.1711/22/16 AMEND: 500111/14/16 AMEND: 2200, 2200.1, 2200.2, 2200.5,

2200.6, 2200.7, 2200.8, 2200.911/03/16 ADOPT: 3909.511/03/16 AMEND: 1062, 1064, 106611/02/16 AMEND: 64510/17/16 ADOPT: 87910/13/16 AMEND: 2610, 2611, 2632, 2634, 2635,

2636, 2640, 2643, 2644.1, 2652, 2655,2663, 2664, 2711, 2712, 2713, 2714,2715, 2722, 2725, 2726, 2727

08/17/16 ADOPT: 3939.5008/15/16 ADOPT: 350, 350.2, 350.4, 351, 352,

352.2, 352.4, 352.6, 353, 353.2, 353.4,353.6, 353.8, 353.10, 354, 354.2, 354.4,354.6, 354.8, 354.10, 354.12, 354.14,354.16, 354.18, 354.20, 354.22, 354.24,354.26, 354.28, 354.30, 354.32, 354.34,354.36, 354.38, 354.40, 354.42, 354.44,355, 355.2, 355.4, 355.6, 355.8, 355.10,356, 356.2, 356.4, 357, 357.2, 357.4, 358,358.2, 358.4

07/18/16 AMEND: 292207/18/16 ADOPT: 3909.207/18/16 ADOPT: 3909.407/14/16 ADOPT: 3909.3

Title 2510/31/16 AMEND: 8200, 8201, 8204, 8205, 8206,

8208, 8210, 8211, 8212, 8212.3, 8214,8215, 8216, 8217, 8218

07/28/16 ADOPT: 7062.5, 7065.5 AMEND: 7065

Title 2711/30/16 AMEND: 25603.311/14/16 AMEND: 2700111/07/16 AMEND: 2700110/06/16 AMEND: 25603.309/08/16 AMEND: 27001


2205

08/30/16 ADOPT: 25600, 25600.1, 25600.2,25601, 25602, 25603, 25604, 25605,25606, 25607, 25607.1, 25607.2,25607.3, 25607.4, 25607.5, 25607.6,25607.7, 25607.8, 25607.9, 25607.10,25607.11, 25607.12, 25607.13,25607.14, 25607.15, 25607.16,25607.17, 25607.18, 25607.19,25607.20, 25607.21, 25607.22,25607.23, 25607.24, 25607.25,25607.26, 25607.27, 25607.28,25607.29, 25607.30, 25607.31 AMEND:25603.3(f) (renumbered to Section25607.30), 25603.3(g) (renumbered toSection 25607.31) REPEAL: 25601,25602, 25603, 25603.1, 25603.2, 25604,25604.1, 25604.2, 25605, 25605.1,25605.2

08/10/16 AMEND: 2700108/09/16 AMEND: 2700107/28/16 AMEND: 2700107/27/16 AMEND: 25805

Title 2811/28/16 AMEND: 1300.67.005

Title MPP11/02/16 AMEND: 22−000, 22−001, 22−003,

22−004, 22−009, 22−045, 22−047,22−049, 22−051, 2−053, 22−054,22−055, 22−059, 22−060, 22−061,22−063, 22−065, 22−071, 22−072,22−073, 22−077, 22−078, 22−085

08/16/16 ADOPT: 31−136 AMEND: 31−001,31−002, 31−003, 31−005, 31−040,31−066, 31−075, 31−101, 31−105,31−110, 31−115, 31−120, 31−125,31−135, 31−201, 31−205, 31−206,31−310, 31−315, 31−335, 31−405,31−406, 31−410, 31−420, 31−425,31−430, 31−445, 31−510 REPEAL:31−515, 31−520

08/01/16 ADOPT: 42−749 AMEND: 41−440,42−711, 42−716, 44−207

07/19/16 AMEND: 30−754.2

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