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GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW
California Regulatory Notice Register
REGISTER 2022, NUMBER 1-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 7, 2022
PROPOSED ACTION ON REGULATIONS
TITLE 2. STATE ALLOCATION BOARD
Leroy F. Greene School Facilities Act of 1998; $250 Million
Appropriation from the General Fund — Notice File Number Z2021–1228–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST)
Minimum Training Standards for Instructors of Post–Certified
Specialized Training and Minimum Content Requirements for
Instructor Courses (Force Option Simulator) — Notice File Number Z2021–1223–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST)
Minimum Training Standards for Instructors of Post–Certified
Specialized Training and Minimum Content Requirements for
Instructor Courses (Law Enforcement Driving Simulator) — Notice File Number Z2021–1223–02 . . . . . . . . . . . . . . . . . . 8
TITLE 11. DEPARTMENT OF JUSTICE
Tobacco Grant Program — Notice File Number Z2021–1224–02 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND WILDLIFE
Hidden Valley Ranch LLC, Consistency Determination
Number 2089–2021–02–01, Shasta River, Siskiyou County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
Air Toxics Hot Spots Program, Notice of Public Comment Period and
Workshop on Draft and Reference Exposure Levels for 1–Bromopropane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(Continued on next page)
Time-
Dated
MaterialPROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Extension of the Public Comment Period for Proposed Modification of Text Proposed Amendments to Article 6 Clear and Reasonable Warnings — Short Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.
CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
INFORMATIVE DIGEST/POLICY
PROPOSED ACTION ON OVERVIEW STATEMENT
REGULATIONS The Leroy F. Greene School Facilities Act of
1998 established, through Senate Bill 50, Chapter
407, Statutes of 1998, the School Facility Program
(SFP). The SFP provides a per–pupil grant amount to
Information contained in this document is qualifying school districts for purposes of constructing
published as received from agencies and is school facilities and modernizing existing school
not edited by Thomson Reuters. facilities. The SAB adopted regulations to implement
the Leroy F. Greene School Facilities Act of 1998,
which were approved by the Office of Administrative
Law and filed with the Secretary of State on October
TITLE 2. STATE ALLOCATION 8, 1999.
BOARD At its September 22, 2021 meeting, the SAB adopted
proposed regulatory amendments that would allow it
to waive the priority funding request deadlines for
THE STATE ALLOCATION projects that are impacted by proceeds from funding
BOARD PROPOSES TO AMEND sources other than bond funds that become available
REGULATION SECTION 1859.90.2, unexpectedly. Projects for which the priority funding
TITLE 2, CALIFORNIA CODE OF request deadline is waived are still subject to the other
REGULATIONS, RELATING TO LEROY F. provisions of the priority funding process, including
GREENE SCHOOL FACILITIES ACT OF 1998 the 90–day apportionments and occurrences of
non–participation.
Although the Office of Administrative Law (OAL)
REGULATION SECTION
approved the emergency regulations with an effective
PROPOSED FOR AMENDMENTS: date of October 28, 2021, OAL had a concern that
new subsection (e) provided the SAB with too much
● 1859.90.2 discretion and required additional criteria by which
the SAB can reference and therefore waive the 30–
NOTICE IS HEREBY GIVEN that the State calendar day provision. As part of the Administrative
Allocation Board (SAB) proposes to amend the above– Procedure Act process, OAL requested that the SAB
referenced regulation section, contained in Title 2, approve language that would provide the clarity
California Code of Regulations (CCR). A public needed to address the SAB’s ability to waive the 30–
hearing is not scheduled. A public hearing will be held calendar day filing provision.
if any interested person, or his or her duly authorized At its December 7, 2021 meeting, the SAB adopted
representative, submits a written request for a public proposed regulatory amendments that addressed
hearing to the Office of Public School Construction OAL’s concern. These proposed amendments will be
(OPSC) no later than 15 days prior to the close of the processed through the Administrative Procedure Act
written comment period. Following the public hearing, to become permanent regulations.
if one is requested, or following the written comment Attached to this Notice is the specific regulatory
period if no public hearing is requested, OPSC, at its language of the proposed regulatory action, along with
own motion or at the instance of any interested person, the proposed regulatory amendments. The proposed
may adopt the proposals substantially as set forth regulation can also be reviewed on OPSC’s website
above without further notice. at: https://www.dgs.ca.gov/OPSC/Resources/Page–
Content/Office–of–Public–School–Construction–
AUTHORITY AND REFERENCE CITATIONS Resources–List–Folder/Laws–and–Regulations.
Copies of the proposed regulatory amendments will
be mailed to any person requesting this information
The SAB is proposing to amend the above– by using OPSC’s contact information set forth below
referenced regulation section under the authority in this Notice. The proposed regulation amends
provided by Section 17070.35 of the Education Code. the SFP Regulations under the California Code of
The proposal interprets and make specific reference Regulations, Title 2, Chapter 3, Subchapter 4, Group
Sections 17070.41, 17071.75, 17072.12, 17072.30, 1, State Allocation Board, Subgroup 5.5, Regulations
17073.10, 17074.16, 17076.10, 17077.40, 17077.42 and relating to the Leroy F. Greene School Facilities Act
17077.45 of the Education Code. of 1998.
1CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
Background and Problem Being Resolved that funding to be allocated quicker and allows for the
Assembly Bill (AB) 130, Chapter 44, Statutes of application of cash from the Spring Bond sale to fund
2021 [Committee on Budget. Education Finance: projects further down the Unfunded List (Lack of AB
Education Omnibus Budget Trailer Bill] was signed by 55 Loans) thereby maintaining the integrity of the
the Governor on July 9, 2021 and included a one–time Priority Funding Process as well as equity amongst
General Fund appropriation in the amount of $250 school district projects.
million. The SAB has been charged with allocating the OPSC performed a search on whether the proposed
one–time General Fund appropriation to eligible new regulatory amendments were consistent and compatible
construction and modernization projects until June 30, with existing State laws and regulations. After
2022. In order to maintain the Priority Funding Process performing the search, OPSC, on behalf of the SAB,
and to align future unexpected funding sources with has determined that there are no other programs or
the current structure of the Priority Funding Process, regulations in existence that allow the SAB to allocate
it is necessary to set forth how that allocation process General Fund appropriations for the funding of school
will work. construction. Therefore, the proposed regulatory
The Priority Funding Process is a process by amendments are determined to be consistent and
which school districts submit certification requests compatible with existing State laws and regulations.
for projects that have received unfunded approvals Proceeding with the implementation of the proposed
and are sitting on the Unfunded List (Lack of AB 55 regulatory amendments will maintain equity amongst
Loans). Priorities in Funding certification requests school district projects and the integrity of the SFP
are submitted twice a year during two specific 30– funding process.
day filing periods, are good for six months, and the Anticipated Benefits of the Proposed Regulations
requests indicate a school district’s desire to convert The proposed regulatory amendments promote
a project’s unfunded approval to an apportionment in transparency because the process of funding SFP
date order received. For example, one of the 30–day projects with unexpected cash proceeds from sources
filing periods for school districts to submit certification other than bond funds will be clarified in regulation.
requests began May 12, 2021 and ended June 10, 2021. There are additional benefits associated with these
The certification requests received during this 30– proposed regulatory amendments. School districts can
day filing period are valid from July 1, 2021 through submit certification requests to convert projects with
December 31, 2021 for school district projects to unfunded approvals to apportionments sooner rather
be eligible for cash from the Spring 2022 General than waiting for a future sale of General Obligation
Obligation Bond sale. The next 30–day filing period Bonds. Because school districts can receive funding
for school districts to submit certification requests so quickly, manufacturing and construction–related
began November 10, 2021 and ended December 9, industries such as architecture, engineering, trades
2021. The certification requests received during this and municipalities may expand based on the demand
30–day filing period are valid from January 1, 2022 on these industries. This is a positive impact on the
through June 30, 2022 for their projects to be eligible state’s economy and may also create an unknown
for cash from the Fall 2022 General Obligation Bond number of jobs.
sale. The proposed amendments are therefore determined
In addition to the method of providing funding to to be consistent and compatible with existing State laws
convert unfunded approvals as noted above, the one– and regulations. Proceeding with the implementation
time $250 million General Fund appropriation is an of the proposed regulatory amendments aligns with
opportunity for cash to be allocated quicker than the statute, maintains the integrity of the Priority
expected to the first $250 million in projects placed Funding Process as well as maintains equity amongst
on the Unfunded List (Lack of AB 55 Loans) and well school district projects.
before the statutory June 30, 2022 deadline. Projects Summary of the Proposed Regulatory Amendments
participating in the November 2021 Priority Funding Existing Regulation Section 1859.90.2 authorizes
Process normally receive apportionments from the the SAB to establish 30–calendar day certification
Spring 2022 bond sale. By using the $250 million for filing periods to distribute available State school bond
these projects, $250 million from the Spring bond funding to school districts that request to convert
sale will be unallocated. OPSC will then ask school an unfunded approval to an apportionment. School
districts receiving unfunded approvals in January districts must submit and have in the possession of
through May 2022 if they wish to receive funding the OPSC the original signature Form SAB 50–05,
sooner than the Fall Bond sale and requiring those “Fund Release Authorization,” within 90 calendar
school districts to submit a request outside the normal days of the Board’s approval of the apportionment;
request time period. By providing the $250 million as failure to make this submittal within 90 calendar days
early as the January 2022 SAB meeting, allows for will result in rescission of the project without further
2CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
Board action. (For the purposes of this Section, the Unless otherwise provided in the appropriation act,
word “rescission” means the apportionment returns the board may require that applications for allocations
to an unfunded approval status with a new unfunded or apportionments be submitted to it for approval.
approval date. The district will not be required to Determination of Inconsistency or Incompatibility
re–submit the application and no further application with Existing State Regulations
review will be required.) School districts wishing to AB 130, Chapter 44, Statutes of 2021 [Committee
participate must provide a written statement signed on Budget. Education Finance: Education Omnibus
by an authorized district representative within the Budget Trailer Bill] was signed by the Governor on
30–calendar day filing period that contains all the July 9, 2021 and included a one–time General Fund
following: appropriation in the amount of $250 million. The SAB
● Request to convert the unfunded approval to an has been charged with allocating the one–time General
apportionment; and Fund appropriation to eligible new construction
● Concurrence with the 90 calendar day time limit and modernization projects until June 30, 2022. In
on fund release; and order to maintain the Priority Funding Process and
● Acknowledgement that failure to submit a valid, to align future unexpected funding sources with the
original signature Form SAB 50–05, and that it current structure of the Priority Funding Process, it
be in the physical possession of the OPSC, within is necessary to set forth how that allocation process
the 90 calendar day time limit will result in the will work.
rescission of the Apportionment without further The Priority Funding Process is a process by
Board action; and which school districts submit certification requests
for projects that have received unfunded approvals
● Acknowledgement that by participating in the and are sitting on the Unfunded List (Lack of AB 55
priority funding round, the district is waiving its Loans). Priorities in Funding certification requests
right to a standard 18 month timeline for fund are submitted twice a year during two specific 30–
release submittal. day filing periods, are good for six months, and the
The proposed amendments address the process requests indicate a school district’s desire to convert
of funding SFP projects with funds made available a project’s unfunded approval to an apportionment in
from unexpected cash proceeds from sources other date order received.
than bond funds outside of the Priority Funding In addition to the method of providing funding to
Process. The SAB can waive the 30–calendar day convert unfunded approvals as noted above, the one–
filing provision at a public meeting for those school time $250 million General Fund appropriation is an
districts that wish to receive available funding sooner opportunity for cash to be allocated quicker than
rather than waiting for a future sale of General expected to the first $250 million in projects placed
Obligation Bond funds. The proposed amendments on the Unfunded List (Lack of AB 55 Loans) and well
do not supersede the Priority Funding Process; rather, before the statutory June 30, 2022 deadline. Projects
the amendments only address those instances when participating in the November 2021 Priority Funding
unexpected funding is made available to fund projects Process normally receive apportionments from the
under the SFP. Spring 2022 bond sale. By using the $250 million for
Statutory Authority and Implementation these projects, $250 million from the Spring bond
Education Code Section 17070.35. (a) In addition sale will be unallocated. OPSC will then ask school
to all other powers and duties as are granted to the districts receiving unfunded approvals in January
board by this chapter, other statutes, or the California through May 2022 if they wish to receive funding
Constitution, the board shall do all of the following: sooner than the Fall Bond sale and requiring those
(1) Adopt rules and regulations, pursuant to the school districts to submit a request outside the normal
rulemaking provisions of the Administrative Procedure request time period. By providing the $250 million as
Act, Chapter 3.5 (commencing with Section 11340) early as the January 2022 SAB meeting, allows for
of Part 1 of Division 3 of Title 2 of the Government that funding to be allocated quicker and allows for the
Code, for the administration of this chapter. application of cash from the Spring Bond sale to fund
Government Code Section 15503. Whenever projects further down the Unfunded List (Lack of AB
the board is required to make allocations or 55 Loans) thereby maintaining the integrity of the
apportionments under this part, it shall prescribe rules Priority Funding Process as well as equity amongst
and regulations for the administration of, and not school district projects.
inconsistent with, the act making the appropriation of After conducting a review, the SAB has concluded
funds to be allocated or apportioned. The board shall that these are the only regulations on this subject area,
require the procedure, forms, and the submission of and therefore, the proposed amendments are neither
any information it may deem necessary or appropriate. inconsistent nor incompatible with existing State laws
3CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
and regulations. The proposed regulatory amendments other than bond funds will be clarified in regulation.
are within the SAB’s authority to enact regulations for There are additional benefits associated with these
the SFP under Education Code Section 17070.35 and proposed regulatory amendments. School districts can
Government Code Section 15503. submit certification requests to convert projects with
unfunded approvals to apportionments sooner rather
IMPACT ON LOCAL AGENCIES OR than waiting for a future sale of General Obligation
SCHOOL DISTRICTS Bonds. Because school districts can receive funding
so quickly, manufacturing and construction–related
The Executive Officer of the SAB has determined that industries such as architecture, engineering, trades
the proposed regulatory amendments do not impose and municipalities may be created and/or expand based
a mandate or a mandate requiring reimbursement by on the demand on these industries. This is a positive
the State pursuant to Part 7 (commencing with Section impact on the state’s economy and may also create an
17500) of Division 4 of the Government Code. It will unknown number of jobs. Further, it is unlikely that
not require local agencies, school districts, or charter the proposed amendments will eliminate new and/or
schools to incur additional costs in order to comply existing businesses, including the elimination of jobs,
with the proposed regulatory amendments. within California.
The proposed amendments are therefore determined
DISCLOSURES REGARDING THE to be consistent and compatible with existing State laws
PROPOSED REGULATORY ACTION and regulations. Proceeding with the implementation
of the proposed regulatory amendments aligns with
The Executive Officer of the SAB has made the the statute, maintains the integrity of the Priority
following initial determinations relative to the required Funding Process as well as maintains equity amongst
statutory categories: school district projects.
● The SAB has made an initial determination that
there will be no significant, statewide adverse Benefits to Public Health and Welfare, Worker’s
economic impact directly affecting business, Safety, and the State’s Environment
including the ability of California businesses to ● The proposed regulatory amendments promote
compete with businesses in other states. transparency because the process of funding SFP
● The SAB is not aware of any cost impacts that a projects with unexpected cash proceeds from
representative private person or business would sources other than bond funds will be clarified in
necessarily incur in reasonable compliance with regulation. There are additional benefits associated
the proposed action. with these proposed regulatory amendments.
● There will be no non–discretionary costs or School districts can submit certification requests
savings to local agencies. to convert projects with unfunded approvals
to apportionments sooner rather than waiting
● The proposed regulatory amendments create for a future sale of General Obligation Bonds.
no costs to any local agency, school district, or Because school districts can receive funding so
charter school requiring reimbursement pursuant quickly, manufacturing and construction–related
to Section 17500 et seq., or beyond those required industries such as architecture, engineering,
by law, except for the required district contribution trades and municipalities may be created and/or
toward each project as stipulated in statute. expand based on the demand on these industries.
● There will be no costs or savings in federal This is a positive impact on the state’s economy
funding to the State. and may also create an unknown number of
● The proposed regulatory amendments create no jobs. Further, it is unlikely that the proposed
costs or savings to any State agency beyond those amendments will eliminate new and/or existing
required by law. businesses, including the elimination of jobs,
● The SAB has made an initial determination that within California.
there will be no impact on housing costs. ● There are continued benefits to the health and
welfare of California residents and worker
RESULTS OF THE ECONOMIC safety. School districts, charter schools, and local
IMPACT ANALYSIS educational agencies utilize construction and
trades employees to work on school construction
Impact to Businesses and Jobs in California projects and although this proposed regulation
The proposed regulatory amendments promote does not directly impact worker’s safety, existing
transparency because the process of funding SFP law provides for the availability of a skilled labor
projects with unexpected cash proceeds from sources force and encourages improved health and safety
4CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
of construction and trades employees through Lisa Jones,
proper apprenticeship and training. Further, Regulations Coordinator
public health and safety is enhanced because a Mailing Address Office of Public School
properly paid and trained workforce will build Construction
school construction projects that are higher 707 Third Street, 6th Floor
quality, structurally code–compliant and safer West Sacramento, CA 95605
for use by pupils, staff, and other occupants on E–mail Address: lisa.jones@dgs.ca.gov
the site. Fax Number: (916) 375–6721
● There is no impact to the State’s environment AGENCY CONTACT PERSONS
from the proposed regulatory amendments.
General or substantive questions regarding this
The SAB finds the proposed regulations fully Notice of Proposed Regulatory Action may be directed
consistent with the stated purposes and benefits. to Ms. Lisa Jones at (279) 946–8459. If Ms. Jones is
unavailable, these questions may be directed to the
backup contact person, Mr. Michael Watanabe, Chief
EFFECT ON SMALL BUSINESSES of Administrative Services, at (279) 946–8463.
It has been determined that the proposed regulatory ADOPTION OF REGULATIONS
amendments will not have a negative impact on small
Please note that, following the public comment
businesses in the ways identified in subsections (a)
period, the SAB may adopt the regulation substantially
(1)–(4) of Section 4, Title 1, CCR. The proposed as proposed in this notice or with modifications, which
regulatory amendments only apply to school districts, are sufficiently related to the originally proposed
charter schools, and local education agencies for text and notice of proposed regulatory activity. If
purposes of funding school facility projects. However, modifications are made, the modified text with the
because school districts can receive funding so changes clearly indicated will be made available to the
quickly, manufacturing and construction–related public for at least 15 days prior to the date on which
industries such as architecture, engineering, trades the SAB adopts the regulations.
and municipalities may expand based on the demand The modified regulation(s) will be made available
on these industries. This may include new [small] and provided to: all persons who testified at and who
businesses, or the expansion of [small] businesses, submitted written comments at the public hearing, all
which is a positive impact on the state’s economy and persons who submitted written comments during the
may also create an unknown number of jobs. public comment period, and all persons who requested
notification from the agency of the availability of
such changes. Requests for copies of any modified
SUBMISSION OF COMMENTS, DOCUMENTS regulations should be addressed to the agency’s
AND ADDITIONAL INFORMATION regulation coordinator identified above. The SAB will
accept written comments on the modified regulations
during the 15–day period.
Any interested person may present statements,
arguments or contentions, in writing, submitted via SUBSTANTIAL CHANGES WILL
U.S. mail, e–mail or fax, relevant to the proposed REQUIRE A NEW NOTICE
regulatory action. Written comments submitted via
U.S. mail, e–mail or fax must be received at OPSC no If, after receiving comments, the SAB intends to
later than February 21, 2022 end of day. The express adopt the regulation with modifications not sufficiently
terms of the proposed regulations as well as the Initial related to the original text, the modified text will not
Statement of Reasons are available to the public. be adopted without complying anew with the notice
requirements of the Administrative Procedure Act.
Written comments, submitted via U.S. mail, e–
mail or fax, regarding the proposed regulatory action, RULEMAKING FILE
requests for a copy of the proposed regulatory action
or the Initial Statement of Reasons, and questions Pursuant to Government Code Section 11347.3, the
concerning the substance of the proposed regulatory SAB is maintaining a rulemaking file for the proposed
action should be addressed to: regulatory action. The file currently contains:
5CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
1. A copy of the text of the regulations for which the TITLE 11. COMMISSION ON
adoption is proposed in strikeout/underline. PEACE OFFICER STANDARDS AND
TRAINING (POST)
2. A copy of this Notice.
3. A copy of the Initial Statement of Reasons for the MINIMUM TRAINING STANDARDS FOR
proposed adoption.
INSTRUCTORS OF POST–CERTIFIED
4. The factual information upon which the SAB is SPECIALIZED TRAINING AND
relying in proposing the adoption. MINIMUM CONTENT REQUIREMENTS
FOR INSTRUCTOR COURSES
As data and other factual information, studies, (FORCE OPTION SIMULATOR)
reports or written comments are received they will
be added to the rulemaking file. The file is available Commission Regulations 1070 and 1082
for public inspection at OPSC during normal working
hours. Items 1 through 3 are also available on OPSC’s Notice is hereby given that the Commission
Internet website at: https://www.dgs.ca.gov/OPSC/ on Peace Officer Standards and Training (POST)
Resources/Page–Content/Office–of–Public–School– proposes to amend regulations in Division 2 of
Construction–Resources–List–Folder/Laws–and– Title 11 of the California Code of Regulations as
Regulations then scroll down to School Facility described below in the Informative Digest. A public
Program, Pending Regulatory Changes, and click hearing is not scheduled. Pursuant to Government
on the links named 45–day Public Notice, Initial Code section 11346.8, any interested person, or his/
Statement of Reasons and Proposed Regulatory Text. her duly authorized representative, may request a
public hearing. POST must receive the written request
no later than 15 days prior to the close of the public
ALTERNATIVES comment period.
In accordance with Government Code Section PUBLIC COMMENTS DUE BY
11346.5(a)(13), the SAB must determine that no FEBRUARY 21, 2022
reasonable alternative it considered or that has
otherwise been identified and brought to its attention Notice is also given that any interested person,
would be more effective in carrying out the purpose or authorized representative, may submit written
for which the action is proposed, would be as effective comments relevant to the proposed regulatory action
and less burdensome to affected private persons than by fax at (916) 227–4547, by email to Steve Harding,
the proposed action, or would be more cost–effective Law Enforcement Consultant, at steve.harding@post.
to affected private persons and equally effective in ca.gov, or by letter to:
implementing the statutory policy or other provision
of law. The alternative to these proposed regulatory Commission on POST
amendments would be to take no action and not Attention: Rulemaking
provide transparency in the process of apportioning 860 Stillwater Road, Suite 100
the $250 million General Fund appropriation charged West Sacramento, CA 95605–1630
to the SAB from the Legislature. Further, without the
proposed regulatory amendments, the integrity of the
Priority Funding Process could be compromised as AUTHORITY AND REFERENCE
well as equity amongst school district projects.
This proposal is made pursuant to the authority
AVAILABILITY OF THE FINAL vested by Penal Code Section 13503 (authority of the
STATEMENT OF REASONS Commission on POST) and Penal Code section 13506
(POST authority to adopt regulations). This proposal
is intended to interpret, implement, and make specific
Upon its completion, the Final Statement of Reasons Penal Code section 13503(e), which authorizes POST
will be available and copies may be requested from the to develop and implement programs to increase the
agency’s regulation coordinator named in this notice effectiveness of law enforcement, including programs
or may be accessed on the website listed above. involving training and education courses.
6CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
INFORMATIVE DIGEST/POLICY of California in delivering services to stakeholders.
STATEMENT OVERVIEW Thus, the law enforcement standards are maintained
and effective in preserving peace, protection of public
Instructors of any of the specialized subjects listed health, safety, and welfare of California. The proposed
in California Code of Regulation 1070 (Minimum amendments will have no impact on worker safety or
Training Standards for Instructors of POST– the State’s environment.
Certified Specialized Training) shall successfully
complete a training course listed in subsection 1070(b) ADOPTION OF PROPOSED REGULATIONS
or complete the equivalency process outlined in
subsection 1070(c). California Code of Regulation 1082 Following the public comment period, the
(Minimum Content Requirements for Instructor Commission may adopt the proposal substantially as
Course) addresses minimum content required to be set forth without further notice, or the Commission
taught in these instructor courses. may modify the proposal if such modifications remain
The Force Option Simulator Instructor course sufficiently related to the text as described in the
requires the presenters to teach future instructors how Informative Digest. If the Commission makes changes
to familiarize themselves with the simulator, scenario to the language before the date of adoption, the text
applications, safety protocols, along with other of any modified language, clearly indicated, will be
required topics. POST does not regulate the type of made available at least 15 days before adoption to all
simulator a presenter may purchase or use. Currently, persons whose comments were received by POST
there are seven different known brands of simulators during the public comment period and to all persons
in use across the state. It is unrealistic for presenters to who request notification from POST of the availability
have a working knowledge of each brand of simulator of such changes. A request for the modified text should
being used. Vendors of these simulators offer up to 8 be addressed to the agency official designated in this
hours of instructional training for the application and notice. The Commission will accept written comments
use of their simulator system. on the modified text for 15 days after the date that the
In 2001 when this regulation was initially approved, revised text is made available.
there was only one type of simulator, and the content
of the instructor course was developed with only this ESTIMATE OF ECONOMIC IMPACT
simulator in mind. Since then, technology has evolved,
and the choice of simulators has grown tremendously. Fiscal impact on Public Agencies including Costs or
Agencies have taken advantage of that technology by Savings to State Agencies or Costs/Savings in Federal
obtaining simulators that fit specific agency needs. Funding to the State: None.
Anticipated Benefits of the Proposed Amendments: Non–Discretionary Costs/Savings to Local
The benefits anticipated by the proposed Agencies: None.
amendments to the regulations will increase the Local Mandate: None.
efficiency of the state of California in delivering Costs to any Local Agency or School District for
services to stakeholders. Thus, the law enforcement which Government Code sections 17500–17630
standards are maintained and effective in preserving requires reimbursement: None.
peace, protection of public health, safety, and welfare Significant Statewide Adverse Economic Impact
of California. The proposed amendments will have no Directly Affecting California Businesses: POST
impact on worker safety or the State’s environment. has made an initial determination that the amended
Evaluation of Inconsistency/Incompatibility with regulations will not have a significant statewide
Existing State Regulations: adverse economic impact directly affecting California
POST has determined that these proposed businesses, including the ability of California
amendments are not inconsistent or incompatible businesses to compete with businesses in other states.
with existing regulations. After conducting a review Small Business Determination: POST has found
for any regulations that would relate to or affect this that the proposed language will not affect small
area, POST has concluded that these are the only businesses because the Commission sets selection
regulations that concern the Force Option Simulator and training standards for law enforcement, which
Instructor Course requirements for peace officers in are government entities, and does not have an impact
California. on California businesses, including small businesses.
The regulations address the instructor requirements as
BENEFITS ANTICIPATED it pertains to the Force Options Simulator Instructor
Course. This only affects individuals associated with
The benefits of proposed amendments to the participating law enforcement agencies and/or course
regulation will increase the efficiency of the state presenters.
7CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
Additionally, the Commission’s main function TEXT OF PROPOSAL
to select and maintain training standards for law
enforcement has no effect financially on small Individuals may request copies of the exact language
businesses. of the proposed regulations and of the initial statement
Cost Impacts on Representative Private Persons or of reasons, and the information the proposal is based
Businesses: POST is not aware of any cost impacts upon, from the Commission on POST at 860 Stillwater
that a representative private person or business would Road, Suite 100, West Sacramento, CA 95605–1630.
necessarily incur in reasonable compliance with the These documents are also located on the POST
proposed action. Website at https://post.ca.gov/Regulatory–Actions.
Effect on Housing Costs: POST has made an initial
AVAILABILITY AND LOCATION OF THE
determination that the proposed regulation would
have no effect on housing costs. RULEMAKING FILE AND THE FINAL
STATEMENT OF REASONS
RESULTS OF ECONOMIC
The rulemaking file contains all information upon
IMPACT ASSESSMENT which POST is basing this proposal and is available
per Gov. Code section 11346.3(b) for public inspection by contacting the person(s)
named above.
The adoption of the proposed amendments of To request a copy of the Final Statement of Reasons
regulations will neither create nor eliminate jobs in once it has been approved, submit a written request to
the state of California, nor result in the elimination of the contact person(s) named above.
existing businesses or create or expand businesses in
the state of California.
The benefits of the proposed amendments of TITLE 11. COMMISSION ON
regulations to the regulations will increase the PEACE OFFICER STANDARDS AND
efficiency of the state of California in delivering TRAINING (POST)
services to stakeholders. Thus, the law enforcement
standards are maintained and effective in preserving
peace, protection of public health, safety, and welfare MINIMUM TRAINING STANDARDS FOR
in California. There would be no impact that would INSTRUCTORS OF POST–CERTIFIED
affect worker safety or the State’s environment. SPECIALIZED TRAINING AND
MINIMUM CONTENT REQUIREMENTS
CONSIDERATION OF ALTERNATIVES FOR INSTRUCTOR COURSES (LAW
ENFORCEMENT DRIVING SIMULATOR)
To take this action, the Commission must determine
that no reasonable alternative considered by the Commission Regulations 1070 and 1082
Commission, or otherwise identified and brought Notice is hereby given that the Commission
to the attention of the Commission, would be more on Peace Officer Standards and Training (POST)
effective in carrying out the purpose for which the proposes to amend regulations in Division 2 of
action is proposed, or would be as effective as and Title 11 of the California Code of Regulations as
less burdensome to affected private persons than the described below in the Informative Digest. A public
proposed action, or would be more cost–effective hearing is not scheduled. Pursuant to Government
to affected private persons and equally effective in Code section 11346.8, any interested person, or his/
implementing the statutory policy or other provision her duly authorized representative, may request a
of law than the proposed action. public hearing. POST must receive the written request
no later than 15 days prior to the close of the public
CONTACT PERSONS comment period.
Questions regarding this proposed regulatory action PUBLIC COMMENTS DUE BY
may be directed to Steve Harding, Law Enforcement FEBRUARY 21, 2022
Consultant, Commission on POST, 860 Stillwater
Road, Suite 100, West Sacramento, CA 95605–1630 Notice is also given that any interested person,
at (916) 227–2816. General questions regarding the or authorized representative, may submit written
regulatory process may be directed to Katie Strickland comments relevant to the proposed regulatory action
at (916) 227–2802. by fax at (916) 227–4547, by email to Steve Harding,
8CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
Law Enforcement Consultant, at steve.harding@post. intersection exercises, backing/parking, and judgment
ca.gov, or by letter to: and decision–making.
Commission on POST As a result of the above decision by the Commission,
Attention: Rulemaking all four presenters for Drivers Training Simulation
860 Stillwater Road, Suite 100 Instructor Course have disposed of their driving
West Sacramento, CA 95605–1630 simulators and no longer teach the curriculum.
Anticipated Benefits of the Proposed Amendments:
The benefits anticipated by the proposed
AUTHORITY AND REFERENCE
amendments to the regulations will increase the
This proposal is made pursuant to the authority efficiency of the state of California in delivering
vested by Penal Code Section 13503 (authority of the services to stakeholders. Thus, the law enforcement
Commission on POST) and Penal Code section 13506 standards are maintained and effective in preserving
(POST authority to adopt regulations). This proposal peace, protection of public health, safety, and welfare
is intended to interpret, implement, and make specific of California. The proposed amendments will have no
Penal Code section 13503(e), which authorizes POST impact on worker safety or the State’s environment.
to develop and implement programs to increase the Evaluation of Inconsistency/Incompatibility with
effectiveness of law enforcement, including programs Existing State Regulations:
involving training and education courses. POST has determined that these proposed
amendments are not inconsistent or incompatible with
INFORMATIVE DIGEST/POLICY existing regulations. After conducting a review for any
STATEMENT OVERVIEW regulations that would relate to or affect this area, POST
has concluded that these are the only regulations that
Instructors of any of the specialized subjects listed concern the Drivers Training Simulation Instructor
in California Code of Regulation 1070 (Minimum Course requirements for peace officers in California.
Training Standards for Instructors of POST–
Certified Specialized Training) shall successfully BENEFITS ANTICIPATED
complete a training course listed in subsection 1070(b)
or complete the equivalency process outlined in The benefits of proposed amendments to the
subsection 1070(c). California Code of Regulation 1082 regulation will increase the efficiency of the State
(Minimum Content Requirements for Instructor of California in delivering services to stakeholders.
Course) addresses minimum content required to be Thus, the law enforcement standards are maintained
taught in these instructor courses. and effective in preserving peace, protection of public
Instructors who teach courses using the Law health, safety, and welfare of California. The proposed
Enforcement Driving Simulator (LEDS) are required amendments will have no impact on worker safety or
by regulation to attend a training course as outlined in the State’s environment.
California Code of Regulation 1070.
In February 2021, the Commission voted to ADOPTION OF PROPOSED REGULATIONS
discontinue the use of the Driving Simulator to fulfill
Driver Awareness Perishable Skills. Driver Awareness Following the public comment period, the
Perishable Skills is a training mandate for all POST Commission may adopt the proposal substantially as
participating law enforcement officers. This decision set forth without further notice, or the Commission
to remove the use of the simulators to fulfill this may modify the proposal if such modifications remain
training mandate was based on the driving simulators sufficiently related to the text as described in the
not being a true representation of behind–the–wheel Informative Digest. If the Commission makes changes
driving. The simulators do not allow students to to the language before the date of adoption, the text
practice backing and parking in the manner consistent of any modified language, clearly indicated, will be
with maneuvering an actual vehicle. The LEDS only made available at least 15 days before adoption to all
allows the use of mirrors when practicing backing. persons whose comments were received by POST
While many peace officers do operate a vehicle during the public comment period and to all persons
during their shifts, this is not the case for every peace who request notification from POST of the availability
officer required to complete perishable skills training. of such changes. A request for the modified text should
Behind–the–wheel training allows for more time to be addressed to the agency official designated in this
focus on and engage in realistic and specific skills notice. The Commission will accept written comments
related to operating a police vehicle including, but on the modified text for 15 days after the date that the
not limited to, vehicle dynamics, defensive driving, revised text is made available.
9CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
ESTIMATE OF ECONOMIC IMPACT peace, protection of public health, safety, and welfare
in California. There would be no impact that would
Fiscal impact on Public Agencies including Costs or affect worker safety or the State’s environment.
Savings to State Agencies or Costs/Savings in Federal
Funding to the State: None.
Non–Discretionary Costs/Savings to Local CONSIDERATION OF ALTERNATIVES
Agencies: None.
Local Mandate: None.
To take this action, the Commission must determine
Costs to any Local Agency or School District for
that no reasonable alternative considered by the
which Government Code sections 17500–17630
Commission, or otherwise identified and brought
requires reimbursement: None.
to the attention of the Commission, would be more
Significant Statewide Adverse Economic Impact
effective in carrying out the purpose for which the
Directly Affecting California Businesses: POST
action is proposed, or would be as effective as and
has made an initial determination that the amended
less burdensome to affected private persons than the
regulations will not have a significant statewide
proposed action, or would be more cost–effective
adverse economic impact directly affecting California
businesses, including the ability of California to affected private persons and equally effective in
businesses to compete with businesses in other states. implementing the statutory policy or other provision
of law than the proposed action.
Small Business Determination: POST has found
that the proposed language will not affect small
businesses because the Commission sets selection CONTACT PERSONS
and training standards for law enforcement, which are
government entities, and does not have an impact on
California businesses, including small businesses. The Questions regarding this proposed regulatory action
regulations address the instructor requirements as it may be directed to Steve Harding, Law Enforcement
pertains to the Driver Training Simulation Instructor Consultant, Commission on POST, 860 Stillwater
Course. This only affects individuals associated with Road, Suite 100, West Sacramento, CA 95605–1630
participating law enforcement agencies and/or course at (916) 227–2816. General questions regarding the
presenters. regulatory process may be directed to Katie Strickland
Additionally, the Commission’s main function at (916) 227–2802.
to select and maintain training standards for law
enforcement has no effect financially on small
businesses. TEXT OF PROPOSAL
Cost Impacts on Representative Private Persons or
Businesses: POST is not aware of any cost impacts Individuals may request copies of the exact language
that a representative private person or business would
of the proposed regulations and of the initial statement
necessarily incur in reasonable compliance with the
of reasons, and the information the proposal is based
proposed action.
upon, from the Commission on POST at 860 Stillwater
Effect on Housing Costs: POST has made an initial
Road, Suite 100, West Sacramento, CA 95605–1630.
determination that the proposed regulation would
These documents are also located on the POST
have no effect on housing costs.
Website at https://post.ca.gov/Regulatory–Actions.
RESULTS OF ECONOMIC
IMPACT ASSESSMENT AVAILABILITY AND LOCATION OF THE
per Gov. Code section 11346.3(b) RULEMAKING FILE AND THE FINAL
STATEMENT OF REASONS
The adoption of the proposed amendments of
regulations will neither create nor eliminate jobs in
the state of California nor result in the elimination of The rulemaking file contains all information upon
existing businesses or create or expand businesses in which POST is basing this proposal and is available
the state of California. for public inspection by contacting the person(s)
The benefits of the proposed amendments of named above.
regulations to the regulations will increase the
efficiency of the state of California in delivering To request a copy of the Final Statement of Reasons
services to stakeholders. Thus, the law enforcement once it has been approved, submit a written request to
standards are maintained and effective in preserving the contact person(s) named above.
10CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
TITLE 11. DEPARTMENT OF JUSTICE INFORMATIVE DIGEST/POLICY
STATEMENT OVERVIEW
ATTORNEY GENERAL Summary of Existing Laws and Regulations:
CHAPTER 5. DEPARTMENT OF The Department’s Tobacco Grant Program provides
JUSTICE TOBACCO GRANT PROGRAM annual funds to local law enforcement agencies
throughout California. To date, the Tobacco Grant
NOTICE OF PROPOSED RULEMAKING Program has distributed approximately $124 million
dollars in grant funding to approximately 260 grantees
through a competitive process.
The Department of Justice (Department) proposes
to adopt sections 500, 501, 510, 520, 521, 522, 523, Funding for the Tobacco Grant Program was a
530, 531, 532, 533, 540, 541, 542, 543, 544, 555, and result of the passage of the California Healthcare,
546 of Title 11, Division 1, Chapter 5 of the California Research and Prevention Tobacco Tax Act of 2016
Code of Regulations concerning grants funded by the (Proposition 56) increasing taxes on cigarettes and
Department from the California Healthcare, Research other tobacco products by $2.00 starting in April 2017.
and Prevention Tobacco Tax Act of 2016 Fund. The initiative allocates a portion of annual revenue to
the Department, which in turn reimburses local law
enforcement programs designed to prevent or reduce
PUBLIC HEARING illegal sales or marketing of cigarettes and tobacco
products to minors and youth.
The Department has not scheduled a public hearing Effect of the Proposed Rulemaking:
on this proposed regulatory action. However, the This rulemaking package is initiated to implement
Department will hold a hearing if it receives a written the grant program created by section 30130.57 of the
request for a public hearing from any interested Revenue and Taxation Code. The proposed regulations
person, or their authorized representative, no later establish general grant provisions, grant project types,
than 15 days before the close of the written comment specific application requirements, grant evaluation
period. criteria, and necessary administrative procedures for
the effective implementation of the program.
WRITTEN COMMENT PERIOD Anticipated Benefits of the Proposed Regulations:
The purpose and intent of Proposition 56 included
Any interested person or their authorized saving the lives of Californians and saving state and
representative may submit written comments relevant local government money in the future by reducing
to the proposed regulatory action. The written smoking and tobacco use among all Californians,
comment period closes on February 22, 2022 at 5:00 but particularly youth; and funding efforts to reduce
p.m. Only written comments received by that time will cigarette smuggling, tobacco tax evasion, and illegal
be considered. Please submit written comments to: sales of tobacco products to minors. (Initiative
Measure (Prop. 56, § 2, approved Nov. 8, 2016.)
Stacy Heinsen This proposed regulatory action will ensure the
Department of Justice Tobacco Grant Program has uniform standards,
1300 I Street, Suite 1270 internal controls, and guidelines to ensure consistent
Sacramento, CA 95814 and effective administration of the program. In
(916) 210–7006 addition, the regulations will ensure the program
TGPRegs@doj.ca.gov funds law enforcement programs designed to prevent
or reduce illegal sales or marketing of cigarettes and
NOTE: Written and oral comments, attachments, tobacco products to minors and youth.
and associated contact information (e.g., address,
Comparable Federal Regulations:
phone, email, etc.) become part of the public record
and can be released to the public upon request. There are no existing federal regulations or statutes
comparable to these proposed regulations.
Determination of Inconsistency/Incompatibility
AUTHORITY AND REFERENCE with Existing State Regulations:
The Department has determined that these proposed
Authority: Section 30130.57, Revenue and Taxation regulations are not inconsistent or incompatible with
Code. existing state regulations. After conducting a review
Reference: Section 30130.57, Revenue and Taxation for any regulations that would relate to or affect this
Code. area, the Department has concluded that these are
11CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 1-Z
the only regulations that concern the Department’s the expansion of businesses currently doing business
Tobacco Grant Program. within the state.
Forms and Documents Incorporated by Reference: The Department also concludes that:
None. (1) The proposal would benefit the health and welfare
Other Statutory Requirements: of California residents by funding programs that
None. reduce cigarette and tobacco smoking. According
to Proposition 57:
DISCLOSURES REGARDING THE Tobacco use is the single most preventable
PROPOSED ACTION cause of death and disease in California,
claiming the lives of more than 40,000
The Department’s Initial Determinations: people every year. Each year thousands of
Mandate on local agencies or school districts: None. Californians require medical and dental
Cost or savings to any state agency: None. treatment as a result of tobacco use. (Initiative
Cost to any local agency or school district which Measure (Prop. 56, § 1(a), approved Nov. 8,
must be reimbursed in accordance with Government 2016)
Code sections 17500 through 17630: None. (2) The proposal would not benefit worker safety
Other non–discretionary costs or savings imposed because it does not regulate worker safety
on local agencies: Local law enforcement agencies are standards.
not required to apply for funding from the Department’s (3) Vast quantities of cigarette butts, foil wrappers,
Tobacco Grant Program. These regulations could battery, plastic and electronic components of
result in additional savings to local law enforcement electronic cigarettes, lighters, and cigarette packs,
agencies if they choose to participate in the program are improperly discarded. This tobacco product
and are awarded a grant. waste contaminates waterways, poisons aquatic
The Department is authorized to award up to $30 life, blocks drains, chokes birds, creates unsightly
million annually pursuant to Revenue and Taxation litter, and requires public entities to spend large
Code section 30130.57, subdivision (e)(1). Grants sums on ongoing clean–up operations. The
are awarded each calendar year, provided funding proposed regulations, to the extent they result
is available. The grant funding duration is 24 or 36 in reduced use of tobacco products, will reduce
months, depending on the preference of the applicant. environmental degradation.
Historically, grant awards have ranged from $10,000 Business report requirement: None.
to $5.5 million, approximately. Small business determination: The Department has
Cost or savings in federal funding to the state: None. determined that this proposed action does not affect
Cost impacts on representative person or business: small businesses because funding is only available for
The Department is not aware of any costs impacts local law enforcement agencies.
that a representative private person or business would
necessarily incur in reasonable compliance with the CONSIDERATION OF ALTERNATIVES
proposed action.
Significant effect on housing costs: None. In accordance with Government Code section
Significant, statewide adverse economic impact 11346.5, subdivision (a)(13), the Department must
directly affecting businesses, including ability determine that no reasonable alternative considered by
to compete: The Department has made an initial the Department or that has otherwise been identified
determination that the proposed action will not have and brought to the attention of the Department would
a significant, statewide adverse economic impact be more effective in carrying out the purpose for
directly affecting businesses, including the ability of which the action is proposed or would be as effective
California businesses to compete with businesses in and less burdensome to affected private persons than
other states. the proposed action or would be more cost–effective
to affected private persons and equally effective in
RESULTS OF THE ECONOMIC implementing the statutory policy or other provision
IMPACT ASSESSMENT (EIA) of law.
The Department has determined that the proposed
The Department concludes that it is (1) unlikely that regulations are the most effective way to administer the
the proposal will create or eliminate jobs within the Tobacco Grant Program. The regulations will protect
state, (2) unlikely that the proposal will create new public health and save state and local government
businesses or eliminate existing businesses within money by providing financial assistance to eligible
the state, (3) unlikely that the proposal will result in local law enforcement agencies to support the goals
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