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GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW
California Regulatory Notice Register
REGISTER 2021, NUMBER 4-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 22, 2021
PROPOSED ACTION ON REGULATIONS
TITLE 2. FAIR POLITICAL PRACTICES COMMISSION
Conflict–of–Interest Code — Notice File Number Z2021–0112–02.......................................................... 63
Amendment
State Agency:
Secretary of State
TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE
Repeal of Peach Yellows, Little Peach and Red Sutre Diseases Exterior
Quarantine (Quarantine Proclamation 11) and Peach Rosette Disease Exterior
Quarantine (Quarantine Proclamation 30) — Notice File Number Z2021–0112–03....................................... 64
TITLE 4. CALIFORNIA STATE ATHLETIC COMMISSION
Examination of Boxer Applicants and Neurological Assessment — Notice File Number Z2021–0108–01................. 66
TITLE 5. CALIFORNIA STUDENT AID COMMISSION
California Military Department of G I Bill Award Program (Formerly the California
National Guard Education Assistance Award Program) — Notice File Number Z2021–0112–01.......................... 69
TITLE 5. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
Foster Youth Local Complaint Timeline — Notice File Number Z2020–1230–01........................................... 72
TITLE 11. DEPARTMENT OF JUSTICE
Gun Violence Restraining Order — Notice File Number Z2021–0112–05.................................................. 75
TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION
Parole Forms — Notice File Number Z2021–0112–04...................................................................... 78
(Continued on next page)
Time-
Dated
MaterialTITLE 16. RESPIRATORY CARE BOARD OF CALIFORNIA Driving Record, Handling of Military Applications, and Disciplinary Guidelines — Notice File Number Z2021–0108–02........................................................... 80 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Hot Spots Trivalent Chromium R E L Document.............................................................................. 83 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination Number 2080–2020–012–05, Chips L L C Cannabis C D 2080.............................................................. 84 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for 7901 Old Carreaga Ranch Road Project, 2080–2021–001–005, Santa Barbara County......................................................... 88 SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State..................................................................................... 88 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 2021, VOLUME NUMBER 4-Z
proposed conflict–of–interest code(s). Any written
PROPOSED ACTION ON comments must be received no later than March 8,
2021. If a public hearing is to be held, oral comments
REGULATIONS may be presented to the Commission at the hearing.
COST TO LOCAL AGENCIES
Information contained in this document is
published as received from agencies and is There shall be no reimbursement for any new or
increased costs to local government which may re-
not edited by Thomson Reuters. sult from compliance with these codes because these
are not new programs mandated on local agencies by
TITLE 2. FAIR POLITICAL the codes since the requirements described herein
PRACTICES COMMISSION were mandated by the Political Reform Act of 1974.
Therefore, they are not “costs mandated by the state”
NOTICE IS HEREBY GIVEN that the Fair Political as defined in Government Code Section 17514.
Practices Commission, pursuant to the authority
vested in it by Sections 82011, 87303, and 87304 of EFFECT ON HOUSING
the Government Code to review proposed conflict– COSTS AND BUSINESSES
of–interest codes, will review the proposed/amended
conflict–of–interest codes of the following: Compliance with the codes has no potential effect
on housing costs or on private persons, businesses or
CONFLICT–OF–INTEREST CODES small businesses.
AMENDMENT AUTHORITY
STATE AGENCY: Secretary of State Government Code Sections 82011, 87303 and 87304
A written comment period has been established provide that the Fair Political Practices Commission
commencing on January 22, 2021 and closing on as the code reviewing body for the above conflict–of–
March 8, 2021. Written comments should be di- interest codes shall approve codes as submitted, revise
rected to the Fair Political Practices Commission, the proposed code and approve it as revised, or return
Attention Amanda Apostol, 1102 Q Street, Suite 3000, the proposed code for revision and re–submission.
Sacramento, California 95811.
At the end of the 45–day comment period, the pro- REFERENCE
posed conflict–of–interest code(s) will be submitted to
the Commission’s Executive Director for his review, Government Code Sections 87300 and 87306 pro-
unless any interested person or his or her duly autho- vide that agencies shall adopt and promulgate conflict–
rized representative requests, no later than 15 days pri- of–interest codes pursuant to the Political Reform Act
or to the close of the written comment period, a public and amend their codes when change is necessitated by
hearing before the full Commission. If a public hear- changed circumstances.
ing is requested, the proposed code(s) will be submit-
ted to the Commission for review. CONTACT
The Executive Director of the Commission will
review the above–referenced conflict–of–interest Any inquiries concerning the proposed conflict–of–
code(s), proposed pursuant to Government Code interest code(s) should be made to Amanda Apostol,
Section 87300, which designate, pursuant to Fair Political Practices Commission, 1102 Q Street,
Government Code Section 87302, employees who Suite 3000, Sacramento, California 95811, telephone
must disclose certain investments, interests in real (916) 322–5660.
property and income.
The Executive Director of the Commission, upon AVAILABILITY OF PROPOSED
his or its own motion or at the request of any interested CONFLICT–OF–INTEREST CODES
person, will approve, or revise and approve, or return
the proposed code(s) to the agency for revision and re– Copies of the proposed conflict–of–interest codes
submission within 60 days without further notice. may be obtained from the Commission offices or
Any interested person may present statements, ar- the respective agency. Requests for copies from the
guments or comments, in writing to the Executive Commission should be made to Amanda Apostol, Fair
Director of the Commission, relative to review of the Political Practices Commission, 1102 Q Street, Suite
63CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
3000, Sacramento, California 95811, telephone (916) INFORMATIVE DIGEST/POLICY
322–5660. STATEMENT OVERVIEW
Existing law provides that the Secretary is obligated
TITLE 3. DEPARTMENT OF to investigate the existence of any pest that is not
FOOD AND AGRICULTURE generally distributed within this state and determine
the probability of its spread and the feasibility of its
The Department of Food and Agriculture proposes control or eradication (Food and Agricultural Code
to repeal Sections 3259 and 3276 of Title 3 of the (F A C) Section 5321).
California Code of Regulations (C C R) pertaining to Existing law also provides that the Secretary may
Peach Yellows, Little Peach and Red Suture Diseases establish, maintain and enforce quarantine, eradication
Exterior Quarantine (Quarantine Proclamation 11) and other such regulations as she deems necessary to
and Peach Rosette Disease Exterior Quarantine protect the agricultural industry from the introduction
(Quarantine Proclamation 30). and spread of pests (F A C Sections 401, 403, 407 and
5322).
PUBLIC HEARING Anticipated Benefits from This Regulatory Action
The existing law obligates the Secretary to
A public hearing is not scheduled. However, a public
investigate and determine the feasibility of controlling
hearing will be held if any interested person, or his or
or eradicating pests of limited distribution but
her duly authorized representative, submits a written
establishes discretion with regard to the establishment
request for a public hearing to the Department no later
and maintenance of regulations to achieve this goal.
than 15 days prior to the close of the written comment
period. Section 3162 requires pests in California to be rated
using a metric to determine risk of introduction into
California, and what regulatory action needs are
WRITTEN COMMENT PERIOD required. The research establishing that peach rosette,
yellows, little peach, or red suture diseases were all
Any interested person or his or her authorized caused by the same pathogen initiated a review. While
representative may submit written comments relevant these four diseases were previously rated “A”; which
to the proposed regulations to the Department. required mitigating regulatory actions, the review
Comments may be submitted by U S P S, FAX or of the pathogen Candidatus Phytoplasma pruni in
email. The written comment period closes on March 2016 found that it is well established in California.
8, 2021. The Department will consider only comments Thus the pathogen rating was changed to “C”, which
received at the Department offices by that time or is described in C C R Section 3162 as for pests of the
postmarked no later than March 8, 2021. Submit agricultural industry or environment which score
comments to: medium to low and are of common occurrence and
generally distributed in California. Plants and plant
Erin Lovig, Senior Environmental Scientist
products found infested or infected with or exposed to
Supervisor
a “C”–rated pest are not subject to any State enforced
California Department of Food and Agriculture
regulatory actions listed under C C R subsection
Plant Health and Pest Prevention Services
3162(e).
2800 Gateway Oaks Drive, Suite #200
Sacramento, C A 95833 While peach rosette, peach yellows, little peach, or
Erin.lovig@cdfa.ca.gov red suture diseases are harmful, the pathogen causing
916.403.6650 the diseases is already establish in California, and
916.651.2900 (FAX) the 2016 rating change does not allow for regulatory
actions. Due to this change the Department has
Unless there are substantial changes to the proposed decided to repeal C C R Sections 3259 and 3276 as they
regulations prior to repeal, the Department of Food and regulate a pest for which exterior quarantine actions
Agriculture may adopt the proposal as set forth in this will have little impact.
notice without further notice to the public. Following Peach rosette, peach yellows, little peach, or red
the public hearing if one is requested or following suture diseases are serious diseases and ceasing
the written comment period if no public hearing is enforcement of the quarantines does not imply that the
requested, the Department of Food and Agriculture, Department would be discontinuing its vigilance for
at its own motion, or at the instance of any interested the diseases. Stone fruit surveys, nursery inspections,
person, may adopt the proposal substantially as set and general fruit quality inspections, activities that
forth without further notice. would reveal the disease if present, will continue.
64CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
There is no existing, comparable federal regulation (3) Affect the expansion of businesses currently
or statute regulating the interstate movement. doing business within California
The Department considered other possible related The Department is not aware of any specific benefits
regulations in this area and found that these are the the amendment of these regulations will have on
only regulations dealing in this subject area, and the worker safety or the health of California residents.
only State agency that can implement plant quarantines The proposed repeal of these regulations ensures
is the Department. As required by Government the orderly marketing of nursery stock and improves
Code Section 11346.5(a)(3)(D), the Department has access to safe, healthy food for the general public.
conducted an evaluation of these regulations and has
determined that it is not inconsistent or incompatible ALTERNATIVES CONSIDERED
with existing state regulations.
The Department must determine that no reasonable
REPEALED TEXT alternative it considered to the regulations or that has
otherwise been identified and brought to its attention
This proposed repeal of the regulations 3259 and would either be more effective in carrying out the
3276 would remove the exterior quarantines for peach purpose for which the action is proposed or would be
yellows, little peach or red suture diseases, and peach as effective and less burdensome to affected private
rosette disease. persons than the proposed action or would be more
cost–effective to affected private persons and equally
DISCLOSURES REGARDING THE effective in implementing the statutory policy or other
PROPOSED ACTION provision of law than the proposal described in this
Notice. It is the Department’s responsibility to remove
The Department has made the following initial as unnecessary a quarantine for a pest for which
determinations: exterior quarantine actions will have little impact.
Mandate on local agencies and school districts:
None. AUTHORITY
Cost or savings to any state agency: Cost savings to
the Department due to ceasing quarantine enforcement The Department proposes to repeal C C R Sections
amount to less than $20,000 per year. 3259 and 3276 pursuant to the authority vested
Cost to any local agency or school district which by Sections 407, 5301, and 5302 of the Food and
must be reimbursed in accordance with Government Agricultural Code.
Code Sections 17500 through 17630: None and no
nondiscretionary costs or savings to local agencies or REFERENCE
school districts.
Cost or savings in federal funding to the state: None. The Department proposes this action to implement,
Significant, statewide adverse economic impact interpret and make specific Sections 5301 and 5302 of
directly affecting business, including the ability of the Food and Agricultural Code.
California businesses to compete with businesses in
other states: None. CONTACT
The Department is not aware of any cost impacts
that a representative private person or business would The agency officer to whom written comments
necessarily incur in reasonable compliance with the and inquiries about the initial statement of reasons,
proposed action. proposed actions, location of the rulemaking files, and
Small Business Determination request for a public hearing may be directed to is:
The Department has determined that the proposed Erin Lovig, Senior Environmental Scientist
regulations should not affect small businesses because Supervisor
the repeal of these regulations removes all regulatory California Department of Food and Agriculture
requirements and there are no costs associated with Plant Health and Pest Prevention Services
compliance. 2800 Gateway Oaks Drive, Suite #200
Significant effect on housing costs: None. Sacramento, C A 95833
Results of the Economic Impact Analysis Erin.Lovig@cdfa.ca.gov
Amendment of these regulations will not: 916.403.6650
(1) Create or eliminate jobs within California; 916.651.2900 (FAX)
(2) Create new businesses or eliminate existing In her absence, you may contact Rachel Avila at
businesses within California; or (916) 403–6813. Questions regarding the substance of
65CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
the proposed regulations should be directed to Rachel PUBLIC HEARING
Avila.
The commission has not scheduled a public hearing
on this proposed action. However, the commission
INTERNET ACCESS will hold a hearing if it receives a written request for
a public hearing from any interested person, or his or
The Department has posted the information her authorized representative, no later than 15 days
regarding this proposed regulatory action on its prior to the close of the written comment period. A
website (www.cdfa.ca.gov/plant/Regulations.html). hearing may be requested by making such request
in writing addressed to the individuals listed under
AVAILABILITY OF STATEMENT OF “Contact Persons” in this Notice.
The commission, upon its own motion or at the
REASONS AND TEXT OF
request of any interested party, may thereafter adopt
PROPOSED REGULATIONS the proposals substantially as described below or
may modify such proposals if such modifications
The Department of Food and Agriculture has are sufficiently related to the original text. With the
prepared an initial statement of reasons for the proposed exception of technical or grammatical changes, the
actions, has made available all the information full text of any modified proposal will be available
upon which its proposal is based, and has available for 15 days prior to its adoption from the person
the express terms of the proposed action. A copy designated in this Notice as Contact Person and will
of the initial statement of reasons and the proposed be mailed to those persons who submit written or
regulations in underline and strikeout form may be oral testimony related to this proposal or who have
obtained upon request. The location of the information requested notification of any changes to the proposal.
on which the proposal is based may also be obtained Authority and Reference: Pursuant to the author-
upon request. In addition, when completed, the final ity vested by Sections 18611 of the Business and
statement of reasons will be available upon request. Professions Code, and to implement, interpret or
Requests should be directed to the contact named make specific Sections 18640, 18642, 18661 and 18711
herein. of said Code, the commission is considering chang-
If the regulations adopted by the Department es to Division 2 of Title 4 of the California Code of
differ from, but are sufficiently related to the action Regulations as follows:
proposed, they will be available to the public for at
least 15 days prior to the date of adoption. Any person INFORMATIVE DIGEST
interested may obtain a copy of said regulations prior
to the date of adoption by contacting the agency officer A. Informative Digest
(contact) named herein. Adopt subdivision (c)–(h) of Section 280. Per
Business and Professions Code (B P C) Section 18711,
on or after January 1, 2008, licensed professional
TITLE 4. CALIFORNIA STATE athletes are required by the commission to complete
medical examinations, to be determined by the
ATHLETIC COMMISSION commission through regulations, as a condition of
initial licensure and license renewal.
These proposed medical examinations are designed
Notice of Proposed Regulatory Action
to detect physical conditions that could place an athlete
Concerning Examination of Boxer or contestant at risk for serious injury or permanent
Applicants and Neurological Assessment or temporary impairment of any bodily function.
These tests or examinations include a neurological
NOTICE IS HEREBY GIVEN that the California examination, a magnetic resonance imaging (M R I)
Athletic Commission (commission) is proposing to scan, an electrocardiogram (E K G), a physical
take the action described in the Informative Digest. examination, an eye examination, and blood tests for
Any person interested may submit statements or the Human Immunodeficiency Virus (H I V) antibody,
arguments relevant to the action proposed in writing. Hepatitis B Surface antigen, and Hepatitis C virus.
Written comments, including those sent by mail, Adopt subdivision (i) of Section 280. State
facsimile, or email to the addresses listed under law requires the Commission to administer the
Contact Person in this Notice, must be received by the Neurological Examination Account, which the
commission, at its office, not later than 5:00 p.m. on Legislature established in 1986 to pay for athletes’
Monday, March 8, 2021. neurological examinations; however, according to
66CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
the Bureau of State Audits, the Commission has not Account which is hereby created in the General Fund.
effectively managed this account. The State Auditor The administrative costs associated with managing
report 2012–117 stated the Commission has not used and distributing the State Athletic Commission
the neurological account to pay for any neurological Neurological Examination Account shall be limited
examinations since at least 1998. This proposal to no more than 20 percent of the prior year’s
would provide the necessary regulations to properly contributions.”
administer the account in accordance with the law. The proposed regulations will clarify the intent of
B. Policy Statement Overview/Anticipated Benefits B P C Section 18711(c) and will set the assessment at
of Proposal one quarter of one percent of gross ticket sales per
Existing law at Section 18611 of the Business event, and will require the Commission to re–examine
and Professions Code authorizes the commission the amount of the assessment when the Neurological
to adopt, amend, or repeal, in accordance with the Account balance falls below $100,000. The threshold
Administrative Procedure Act, rules and regulations of $100,000 is proposed because it will allow the
as may be necessary to enable it to carry out the laws commission to cover the costs of examinations for
relating to boxing and the martial arts. approximately one year, which is also the maximum
B P C Section 18711(a)(1)(B) requires “On and timeframe to promulgate regulations to amend the
after January 1, 2008, all professional athletes assessment amount.
licensed under this chapter shall be required by The benefits of this regulatory proposal include
the commission to complete a medical examination allowing the Commission to further fulfill its primary
process, which shall include the completion of specific mandate of public protection. The Commission
medical examinations, to be determined by the assumes 140 events each year based on historical
commission through regulations, as a condition of information. As a result, if the neurological assessment
initial licensure and license renewal. This medical was one quarter of one percent, the Neurological
examination process may include examinations Examination Account balance would slowly decrease
required under current law and any additional over the next five years to approximately $140,000
medical examinations determined to be medically by FY 25/26. Because the Neurological Examination
necessary. In adopting the medical examination Account currently has a significant fund balance of
process, the commission shall consider the health approximately $580,000, the Commission believes
and safety of contestants, the medical necessity of any it should charge an assessment that will begin to
examinations required, and the financial aspects of draw down the fund balance slowly and prudently
requiring those medical examinations.” The proposed over time. The Commission will re–evaluate the fee
changes will carry out the intent of Section 18711(a)(1) amount and adjust if necessary to ensure the lowest
(B), by establishing necessary regulations concerning possible burden on promoters while ensuring a stable
medical examinations required for licensure. funding source for the Neurological Examination
In addition, B P C Section 18711(a) requires Account. The regulatory action will also ensure that
“as a condition of licensure and as a part of the applicants are healthy and thoroughly evaluated prior
application process, the examination by a licensed to licensure.
physician and surgeon who specializes in neurology C. Consistency and Compatibility with Existing
and neurosurgery of each applicant for a license as State Regulations
a professional athlete or contestant licensed under The Commission has conducted an evaluation for
this chapter or, if for the renewal of a license, this any other regulations on this area and has concluded
examination every year, in addition to any other that these are the only regulations concerning medical
medical examinations.” examinations and examination assessments. Therefore,
Furthermore, B P C Section 18711(c) states “The cost the proposed regulations are neither inconsistent nor
of the examinations required by this section shall be paid incompatible with any other existing state regulations.
from assessments on any one or more of the following: D. Document Incorporated by Reference: None.
promoters of professional matches, managers, and
professional athletes or other contestants licensed FISCAL IMPACT ESTIMATES
under this chapter. The rate and manner of assessment
shall be set by the commission, and may cover all costs Fiscal Impact on Public Agencies Including Costs or
associated with the requirements of this section. This Savings to State Agencies or Costs/Savings in Federal
assessment shall be imposed on all contests approved Funding to the State: The commission estimates costs
by the commission under this chapter. As of July 1, of providing neurological testing at 140 events to be
1994, all moneys received by the commission pursuant $67,000 per year as follows:
to this section shall be deposited in and credited to the ● Neurological Testing Contract — $23,000
State Athletic Commission Neurological Examination ● Athletic Inspectors — $39,000
67CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
● Travel — $5,000 all examinations in this proposal are consistent with
● Total Costs — $67,000 current licensing requirements.
The commission has a current appropriation of
$56,000 per year for neurological examinations with RESULTS OF THE ECONOMIC
provisional budget bill language to augment this IMPACT ANALYSIS
amount during the current year. As a result, in the
event actual expenditures exceed the commission’s The commission concludes that this proposal will
expenditure authority of $56,000, the commission affect the State of California business environment as
will be required to request additional appropriation, follows:
as specified. ○ Unlikely to eliminate any jobs
Based on the projected gross revenues per event, ○ Unlikely to create jobs
the commission estimates revenues of $250 per event. ○ Unlikely to create new businesses
The commission further indicates approximately 140 ○ Unlikely to eliminate any existing businesses
events are held in the state annually, which would ○ Unlikely to expand current business
result in revenues of $35,000 per year.
Benefits of the Proposed Action: This regulation
Nondiscretionary Costs/Savings to Local Agencies:
package would provide the necessary regulations to
None.
properly administer the Neurological Examination
Local Mandate: None.
Account in accordance with the law. The Neurological
Cost to Any Local Agency or School District for Examination Account will pay for the costs of
Which Government Code Sections 17500–17630 examinations required by B P C Section 18711 or for
Require Reimbursement: None. any other purpose related to the neurological health
Significant, statewide adverse economic impact of combat sports athletes and authorized by the State
directly affecting businesses and small business: The Athletic Commission Act. The proposed regulation will
Commission has made an initial determination that benefit the health and welfare of California residents
the proposed action will not directly affect businesses by ensuring that all licensed combatants are provided
statewide, including small business, and the ability of the most up–to–date and thorough neurologic care.
California businesses to compete with businesses in The proposed regulation is not expected to impact
other states. worker safety or the state’s environment.
Cost Impact on Representative Private Person or
Business: CONSIDERATION OF ALTERNATIVES
The regulations will not have a significant
adverse economic impact on promoters that promote The Commission must determine that no reasonable
professional boxing and mixed martial arts events in alternative to the regulation would be either more
California. effective in carrying out the purpose for which the
This proposal would assess one quarter of one percent action is proposed or would be as effective and less
of the total gross revenue per event held in California. burdensome to affected private persons than the
An average promoter will hold approximately four to proposed regulation or would be more cost effective
five events per year in California. Under this proposal, to affected private persons and equally effective in
promoters will pay on average $250, per event, to implementing the statutory policy or other provision
the Neurological Examination Account. There are of law.
approximately 140 events held in the state, annually,
which would result in revenues of $35,000 per year. AVAILABILITY OF INITIAL
Business Reporting Requirements: STATEMENT OF REASONS AND
The regulatory action does not require businesses to INFORMATION/RULEMAKING FILE
file a report with the commission.
The commission has prepared an initial statement of
EFFECT ON HOUSING COSTS the reasons for the proposed action and has available
all the information upon which the proposal is based.
None.
TEXT OF PROPOSAL
EFFECT ON SMALL BUSINESS
Copies of the exact language of the proposed
The Commission has initially determined that this regulations, any document incorporated by reference
regulatory proposal would not affect small business. and of the initial statement of reasons, and all of the
This determination is because this proposal does not information upon which the proposal is based, may be
impose additional requirements from the status quo as obtained at the hearing or prior to the hearing upon
68CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
request from the California State Athletic Commission Name:
at 2005 Evergreen Street, Suite 2010, Sacramento, Patrisha Blackstock
California 95815. Address:
2005 Evergreen Street, Suite 2010
Sacramento, C A 95815
AVAILABILITY OF CHANGED OR
Telephone Number:
MODIFIED TEXT (916) 263–2195
After considering all timely and relevant comments, Fax Number:
the commission may, upon its own motion or at the (916) 263–2197
request of any interested party, may thereafter adopt E–Mail Address:
the proposals substantially as described below or may Patrisha.blackstock@dca.ca.gov
modify such proposals if such modifications are related
to the original text. With the exception of technical Website Access: Materials regarding this proposal
or grammatical changes, the full text of any modified can be found at: https://www.dca.ca.gov/csac/stats_
proposal, with the modifications clearly indicated, will regs/prop_regs.shtml.
be available for review and written comment for 15
days prior to its adoption from the person designated TITLE 5. CALIFORNIA STUDENT AID
in this Notice as the contact person and will be mailed
COMMISSION
to those persons who submit written oral testimony
related to this proposal or who have requested
notification of any changes to the proposal. PROPOSED AMENDMENTS TO
ARTICLE 15, OF CHAPTER 1, OF
AVAILABILITY AND LOCATION OF THE DIVISION 4, OF TITLE 5 OF C A CODE OF
FINAL STATEMENT OF REASONS AND REGULATIONS OF THE CALIFORNIA
RULEMAKING FILE MILITARY DEPARTMENT GI BILL
AWARD PROGRAM
All the information upon which the proposed
regulations are based is contained in the rulemaking (FORMERLY THE CALIFORNIA
file which is available for public inspection by NATIONAL GUARD EDUCATION
contacting the person named below. ASSISTANCE AWARD PROGRAM)
You may obtain a copy of the final statement of NOTICE IS HEREBY GIVEN that the California
reasons once it has been prepared, by making a Student Aid Commission (Commission) proposes to
written request to the contact person named below or adopt the regulations described below after considering
by accessing the website listed below. all comments, objections, or recommendations
regarding the proposed action.
CONTACT PERSON
PUBLIC HEARING
Inquiries or comments concerning the proposed The Commission will hold a public hearing on
rulemaking action may be addressed to: Thursday, March 11, 2021, or as soon after that as
business before the Commission will permit, via
Name: teleconference. Details about the hearing, including
Sophia Cornejo the meeting time, agenda items, staff presentation
Address: materials, and options to participate in the hearing by
2005 Evergreen Street, Suite 2010 telephone or computer will be available prior to the
Sacramento, C A 95815 hearing on the Commission’s website at: https://www.
Telephone Number: csac.ca.gov/commission–meeting–materials.
(916) 263–2195 In accordance with the guidance from Executive
Fax Number: Order N–29–20, a physical location will not be
(916) 263–2197 provided. Members of the public are strongly
E–Mail Address: encouraged to participate using the teleconference
Sophia.Cornejo@dca.ca.gov phone number provided on the Commission website
in the meeting agenda for the above specified date
OR so as to minimize the spread of COVID–19 and
69CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
reduce the risk of infection during this current state Guard, and affiliated militia members, by providing
of emergency. At the hearing, any person may present an educational inducement for various members. The
statements or arguments orally or in writing about the C N G E A A P is a state–funded program designed to
proposed action described in the informative digest. provide an educational incentive to improve the skills,
It is requested, but not required, that persons making competencies, and abilities of service members, and
oral comments at the hearing submit a written copy of encourage service members to remain active in the
their testimony California Army or Air National Guard, the California
State Guard (formerly the State Military Reserve), or
WRITTEN COMMENT PERIOD AND the California Naval Militia.
SUBMITTAL OF COMMENTS Assembly Bill 2722 (Medina, Chapter 547, Statutes
of 2018) was signed by the Governor and chaptered into
Notice is also given that any interested person, law on September 19, 2018. Assembly Bill 2722 (A B
or his or her authorized representative, may submit 2722) amended Sections 69999.10 through 69999.24,
written comments relevant to the proposed regulatory and repealed Sections 69999.26 and 69999.30
action to: of the Education Code, and makes the following
modifications to the prior C N G E A A P, which will
California Student Aid Commission apply to new or renewal applicants first accepted to
Attention: Gary Collord, Legal Services the program during or after the 2020–2021 academic
P. O. Box 419026 year:
Rancho Cordova, C A 95741–9026
● Revises the name of the C N G E A A P, to the
Comments may also be submitted by facsimile (FAX) “California Military Department G I Bill Award
at (916) 464–8033 or by e–mail to Rulemaking@csac. Program” (C M D G I Bill);
ca.gov. The public comment period for this regulatory ● Deletes a two–year prior service requirement for
action will begin on January 22, 2021. Comments participants;
must be submitted before 5:00 p.m. on March 9, 2021 ● Adds a post two–year service commitment for
to be considered. participants;
AUTHORITY AND REFERENCE ● Limits participants to obtaining one
undergraduate, graduate, or doctoral degree;
Pursuant to the authority vested by Section 69999.22 ● Requires participants to complete their studies
of the Education Code, the proposed regulations within ten years, unless extended due to military
implement, interpret, and make specific Sections activation or other unexpected circumstances;
69999.10 through 69999.24 of the Education Code, as ● Removes an allowance for books and supplies for
amended by A B 2722 (Chapter 547, Stats. 2018). The graduate school participants;
Commission is considering changes to Article 15, of ● Extends the program indefinitely; and
Chapter 1, of Division 4, of Title 5 of the California
Code of Regulations as follows: ● Deletes a provision to prepare a 2016 report by
the Legislative Analyst.
INFORMATIVE DIGEST/POLICY The proposed regulations were prepared in
STATEMENT OVERVIEW response to direction provided by the Commission
at its July 23, 2020 meeting, where it discussed the
Existing law established the California National revised Education Code provisions and requirements
Guard Education Assistance Award Program (C N G for the C M D G I Bill Award Program established
E A A P) to be jointly administered by the Office of under A B 2722. The proposed regulations were
the Adjutant General and the California Student Aid developed to satisfy the amended Education Code
Commission (Commission). Based on the authority requirements by incorporating appropriate regulatory
provided in Education Code Section 69999.22, amendments and additions to the California Code of
Commission staff, in consultation with California Regulations necessary to implement the C M D G I
Military Department staff, adopted Article 15 of Bill Award Program, and to allow for continued joint
Chapter 1 of Division 4 of Title 5 of the California administration of the program by the Commission and
Code of Regulations, Sections 30730 et seq. to the California Military Department.
implement, interpret, and construct the requirements Objectives and Benefits of the Proposed Regulation
established in Education Code Sections 69999.10 to The Commission is proposing to update the
69999.30, which became effective on January 10, 2011. revised and renamed C M D G I Bill Award Program
The Legislature’s stated intent for the C N G E A A P regulations to incorporate the legislative changes
was to maintain the strength of the California National enacted by A B 2722. The proposed regulatory
70CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
amendments detail the procedures the Commission by California Government Code Section 11342.610.
and the Office of the Adjutant General will use to This proposal would not affect private sector or small
administer this educational funding program for business as defined by California Government Code
service members and increase program clarity and Section 11342.610.
specificity. The proposed amendments are designed to Effect on Housing Costs: None.
bring greater efficiency and transparency to program
administration, applicant eligibility requirements, and Cost or Savings in Federal Funding to the State:
participant responsibilities. None.
Evaluation of Inconsistency or Incompatibility Results of the Economic Impact Analysis:
with Existing State Regulations The Commission has determined that this
After conducting a review for any related regulations regulatory proposal will not have any effect on the
in this area, the Commission has determined that no creation of jobs or new businesses, on the elimination
other regulations exist concerning the Commission’s of jobs or existing businesses, or on the expansion of
revised and renamed C M D G I Bill Award Program businesses in the State of California. The regulation is
(formerly the California National Guard Education not expected to adversely affect or benefit California
Assistance Award Program). Therefore, the proposed residents’ health and welfare, worker safety, or the
regulations are neither inconsistent nor incompatible State’s environment.
with existing state regulations.
FEDERAL MANDATE
DISCLOSURES REGARDING THE
PROPOSED ACTION
The regulation would only apply in California and
The Commission has made the following initial would neither affect nor conflict with any federal
determinations: regulations. There are no federal regulations that
address the same issues as this regulation.
Mandate on Local Agencies and School Districts:
None.
Fiscal Impact Estimates: CONSIDERATION OF ALTERNATIVES
This proposal does not impose costs on any local
agency or school district for which reimbursement The Commission must determine that no reasonable
would be required pursuant to Part 7 (commencing with alternative it considered, or that has otherwise been
Section 17500) of Division 4 of the Government Code. identified and brought to its attention, would be more
This proposal does not impose other nondiscretionary effective in carrying out the purpose for which the
costs or savings on local agencies. This proposal does action is proposed, would be as effective and less
not result in any cost or savings in federal funding to burdensome to affected private persons than the
the state. proposed action, or would be more cost effective to
With respect to potential cost or savings to State affected private persons and equally effective in
agencies, the Commission and California Military implementing the statutory policy or other provision
Department will incur minor absorbable costs relative of law. The Commission invites interested parties
to preparing the proposed regulations and for ongoing to submit statements or arguments with respect to
administrative costs associated with this extended alternatives to the proposed regulatory action during
educational funding program. the written comment period.
Cost Impact on Representative Private Person or
Business: CONTACT PERSONS
The Commission is not aware of any cost impacts
that a representative private person or business would Inquiries concerning the proposed adoption of the
necessarily incur in reasonable compliance with the regulations and written comments may be directed to:
proposed action.
Gary Collord
Other Business Impacts: California Student Aid Commission
The Commission has determined the proposed 11040 White Rock Road,
regulatory action would have no significant statewide Rancho Cordova, C A 95670
adverse economic impact directly affecting business, Telephone: (916) 347–0632
including the ability of California businesses Fax: (916) 464–8033 Facsimile
to compete with businesses in other states. The Email: Rulemaking@csac.ca.gov
proposal would impose no costs upon business. The
proposal does not affect small businesses as defined The back–up contact person for these inquiries is:
71CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
Julia Blair WEBSITE ACCESS
California Student Aid Commission
11040 White Rock Road, Materials regarding this proposal can be found at
Rancho Cordova, C A 95670 www.csac.ca.gov.
Telephone: (916) 616–0863
Fax: (916) 464–8033 Facsimile
Email: Rulemaking@csac.ca.gov
TITLE 5. STATE SUPERINTENDENT
OF PUBLIC INSTRUCTION
AVAILABILITY OF THE STATEMENT
AMENDMENT TO CALIFORNIA
OF REASONS, TEXT OF PROPOSED
CODE OF REGULATIONS, TITLE 5,
REGULATIONS, AND RULEMAKING FILE
REGARDING FOSTER YOUTH LOCAL
The Commission will have the entire rulemaking COMPLAINT TIME LINE
file available for inspection and copying throughout
NOTICE IS HEREBY GIVEN that the State
the rulemaking process at its office listed at the address
Superintendent of Public Instruction (S S P I)
above. As of the date this notice is published, the
proposes to adopt the regulation described below
rulemaking file consists of this notice, the proposed
after considering all comments, objections, or
text of regulations, the initial statement of reasons,
recommendations regarding the proposed action.
an economic and fiscal analysis, and other reference
information upon which the proposed rulemaking is The S S P I invites interested persons to present
based. Copies may be obtained by making a written statements or arguments with respect to alternatives
request to Gary Collord. to the proposed regulation at the scheduled hearing or
during the written comment period.
These documents may also be viewed and
downloaded from the Commission’s website at www. PUBLIC HEARING
csac.ca.gov.
California Department of Education (C D E) staff, on
AVAILABILITY OF CHANGED OR behalf of the S S P I, will hold a public hearing at 9:00
MODIFIED TEXT a.m. on March 8, 2021, at 1430 N Street, Sacramento,
California. Any interested person may participate in
After considering all timely and relevant comments the public hearing via Zoom meeting by logging in per
received, the Commission may adopt the proposed the following instructions:
regulations substantially as described in this notice. ● Click the following link or paste the link to the
If the Commission makes modifications which are browser to join the webinar and enter the password:
sufficiently related to the originally proposed text,
it will make the modified text, with changes clearly https://us02web.zoom.us/j/83347297747
indicated, available to the public for at least 15 days
before the Board adopts the regulations as revised. Meeting I D: 833 4729 7747
Please send requests for copies of any modified
regulations to the attention of Gary Collord at the Passcode: 853205
above address. The Commission will accept written ● To connect with audio only, call one of the
comments on the modified regulations for 15 days following telephone numbers and enter the
after the date on which they are made available. meeting I D and password
669–900–6833
AVAILABILITY OF THE FINAL 408–638–0968
STATEMENT OF REASONS
Meeting I D: 833 4729 7747
Upon its completion, copies of the final statement of Password: 853205
reasons may be obtained by making a written request For persons interested in participating in the public
to Gary Collord at the above address. hearing via Zoom, you may test in advance whether
72CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
your computer is compatible with Zoom by visiting may adopt the proposed regulation substantially as
the following links: described in this Notice, or may modify the proposed
● Clicking on the test link: https://zoom.us/test regulation if the modifications are sufficiently related
● For any issues regarding connecting with Zoom, to the original text. With the exception of technical
go to https://support.zoom.us/hc/en–us for or grammatical changes, the full text of the modified
assistance. regulation will be available for 15 days prior to
adoption from the Regulations Coordinator. The full
At the hearing, any person may present statements
text of the modified regulation will be mailed to those
or arguments, orally or in writing, relevant to the
persons who submit written comments related to the
proposed action described in the Informative Digest.
regulation, who provide oral testimony at the public
The S S P I requests, but does not require, that persons
hearing, or who request notification of any changes to
who make oral comments at the public hearing also
the proposed regulation.
submit a written summary of their statements. No oral
statements will be accepted subsequent to this public
hearing. AUTHORITY AND REFERENCE
REASONABLE ACCOMMODATION FOR ANY Authority: Sections 33315 and 51225.2, Education
INDIVIDUAL WITH A DISABILITY Code.
Reference: Sections 48853.5, 49069.5, 51225.1 and
Pursuant to the Rehabilitation Act of 1973, the 51225.2, Education Code.
Americans with Disabilities Act of 1990, and the
Unruh Civil Rights Act, any individual with a disability INFORMATIVE DIGEST/POLICY
who requires reasonable accommodation to attend
STATEMENT OVERVIEW
or participate in the public hearing on the proposed
regulation, may request assistance by contacting
Janet Abdelsayed, Student Achievement and Support California’s Uniform Complaint Procedures (U C P)
Division, 1430 N Street, Suite 6208, Sacramento, C A, in title 5 of the California Code of Regulations
95814; telephone, 916–327–5930. It is recommended (C C R), section 4600 et seq., were adopted by the
that assistance be requested at least two weeks prior State Board of Education in 1991, pursuant to
to the hearing. its general rulemaking authority. These sections
describe a system of processing complaints alleging
WRITTEN COMMENT PERIOD unlawful discrimination or violation of state laws or
regulations concerning a number of specific activities
Any interested person, or his or her authorized or programs that receive state or federal funding.
representative, may submit written comments relevant The procedures are required under the title 34 of
to the proposed regulatory action to: the Code of Federal Regulations, part 299, subpart
F: Complaint Procedures. The 2005 amendments
Lorie Adame, Regulations Coordinator revised the regulations to address the Williams Case
Administrative Support and Regulations Adoption Settlement codified at Education Code (E C) section
Unit 35186 relating to complaints of deficiencies at schools
California Department of Education related to instructional materials, emergency or urgent
1430 N Street, Room 5319 facilities conditions that pose a threat to the health
Sacramento, C A 95814 and safety of pupils or staff, and teacher vacancy or
Comments may also be submitted by facsimile misassignment. The 2005 amendments also addressed
(FAX) at 916–322–2549 or by email to regcomments@ and updated terminology in federal and state law;
cde.ca.gov. procedures for complaints relating to, and the specific
Comments must be received by the Regulations groups entitled to protection from, discrimination;
Coordinator prior to or on March 8, 2021. All written and investigation procedures. The 2013 amendments
comments received by C D E staff during the public revised the regulations to address complaints relating
comment period are subject to disclosure under the to unlawful pupil fee laws codified at Education Code
Public Records Act. (E C) sections 49010 through 49013.
The 2020 amendments to title 5, California Code of
AVAILABILITY OF CHANGED OR Regulations addressed the Legislature’s directive to the
MODIFIED TEXT C D E to review the U C P regulations to conform them
to changes in law. In conducting its review, the C D E
Following the public hearing and after considering also sought to ensure more efficient administration of
all timely and relevant comments received, the S S P I the U C P.
73CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
Section 4630(a) of the title 5, California Code of DISCLOSURES REGARDING THE
Regulations currently provides a one–year time line PROPOSED ACTION/ FISCAL IMPACT
for filing local complaints, except for complaints of
discrimination, harassment, intimidation, or bullying, The S S P I has made the following initial
which are limited to a six–month time line. During determinations:
the prior rulemaking, the C D E received comments Other statutory requirements: There are no other
from foster youth stakeholders about the possible matters prescribed by statute that are applicable to the
consequences of a one–year timeline to complaints specific state agency or to any specific regulations or
involving the educational rights of foster youth. These class of regulations.
comments were made at the end of the rulemaking, Mandate on local agencies and school districts:
and at the end of the second 15–day comment period. None.
The comments were not related to the second 15–day Costs to any local agencies or school districts for
edits, and as such were not responsive. Nonetheless, which reimbursement would be required pursuant to
the C D E felt the foster youth stakeholders raised Part 7 (commencing with section 17500) of division 4
valid concerns and, following discussions with of the Government Code: None.
stakeholders and C D E program staff, initiated the Cost or savings to any state agency: None.
current rulemaking. The proposed addition of section Other non–discretionary costs or savings imposed
4630.5 to the title 5 regulations would eliminate the on local agencies, including local educational
application of the one–year time line to complaints agencies: None.
that allege a local educational agency (L E A) violated Costs or savings in federal funding to the state:
the educational rights of foster youth related to credits, None.
grades or coursework, as outlined in E C section Effect on housing costs: None.
49069.5, subsection (e), and E C section 51225.2, Significant, statewide adverse economic impact
subsections (b)–(e), and graduation requirements, as directly affecting business including the ability of
outlined in E C section 51225.1, subsections (a)–(k). California businesses to compete with businesses in
other states: None.
PROBLEM AGENCY INTENDS TO ADDRESS Cost impacts on a representative private person or
businesses: The S S P I is not aware of any cost impacts
The mobility of foster youth often disrupts their that a representative private person or business would
educational experience. While foster youth may necessarily incur in reasonable compliance with the
utilize the U C P process to redress a violation of their proposed action.
educational rights, sometimes foster youth only learn Report required: The proposed regulation does not
of these alleged violations outside the one–year time require a report to be made
line. A delay in learning about alleged violations Effect on small businesses: The proposed regulation
may mean foster youth are denied the right to credits, would not have an effect on any small business because
grades or coursework, or are denied their rights related small businesses are not involved in the proposed
to graduation. This may hinder or delay their ability regulation.
to earn a high school diploma; lack of a high school
diploma may limit their employment opportunities and RESULTS OF THE ECONOMIC
even the ability to pursue postsecondary education. IMPACT ANALYSIS
Eliminating the application of the one–year time line
to complaints related to specific educational rights The S S P I concludes that it is unlikely that this
of foster youth would attempt to mitigate the effects proposed regulation will: 1) create or eliminate
of school and placement changes on their academic jobs within California; 2) create new businesses or
achievements. eliminate existing businesses within California; or
3) affect the expansion of businesses currently doing
Determination of Inconsistency/Incompatibility business within California.
with Existing State Regulations
Benefits of the Proposed Action:
An evaluation of the proposed regulation has This proposed regulation will have no adverse effect
determined it is not inconsistent/incompatible with nor benefit worker safety or the State’s environment.
existing regulations, pursuant to Government Code
section 11346.5(a)(3)(D). After conducting a review for CONSIDERATION OF ALTERNATIVES
any regulations that would relate to or affect this area,
the S S P I has concluded that this is the only regulation The S S P I must determine that no reasonable
that concern the Foster Youth Local Complaint Time alternative it considered or that has otherwise been
Line. identified and brought to the attention of the S S P I,
74CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 4-Z
would be more effective in carrying out the purpose which is available for public inspection by contacting
for which the action is proposed, would be as effective the Regulations Coordinator.
and less burdensome to affected private persons than
the proposed action, or would be more cost–effective
to affected private persons and equally effective in TITLE 11. DEPARTMENT OF JUSTICE
implementing the statutory policy or other provision The Department of Justice (Department) proposes
of law. to adopt sections 961 through 967 of Title 11, Division
1, Chapter 12 of the California Code of Regulations
CONTACT PERSONS (C C R) concerning Gun Violence Restraining Orders
(G V R O), pursuant to the authority provided in Penal
Inquiries concerning the content of these proposed Code section 14231.5.
regulations should be directed to:
Janet Abdelsayed, Education Programs Assistant PUBLIC HEARING
Student Support and Achievement Division
California Department of Education The Department has not scheduled a public hearing
1430 N Street, Room on this proposed regulatory action. However, the
Sacramento, C A 95814 Department will hold a virtual public hearing if it
Telephone: 916–327–5930 receives a written request for a public hearing from
Email: jabdelsayed@cde.ca.gov any interested person, or an authorized representative,
no later than 15 days before the close of the written
Inquiries concerning the regulatory process may be comment period.
directed to Lorie Adame, Regulations Coordinator or
the backup contact person, Hillary Wirick, Regulations WRITTEN COMMENT PERIOD
Analyst, at 916–319–0860.
Any interested person or their authorized
INITIAL STATEMENT OF representative may submit written comments relevant
REASONS AND INFORMATION to the proposed regulatory action. The written
comment period closes on March 9, 2021 at 5:00 p.m.
The S S P I has prepared an Initial Statement of Only written comments received by that time will be
Reasons for the proposed regulation and has available considered. Please submit written comments to:
all the information upon which the proposal is based.
Department of Justice
TEXT OF PROPOSED REGULATION Government Law Section
Attention: Kevin Sabo
AND CORRESPONDING DOCUMENTS
1300 I Street, 17th Floor
AVAILABILITY OF INITIAL STATEMENT Sacramento, C A 95814
OF REASONS, TEXT OF PROPOSED regulations@doj.ca.gov
REGULATION AND INFORMATION
NOTE: Written and oral comments, attachments,
The S S P I has prepared an Initial Statement of and associated contact information (e.g., address,
Reasons for the proposed regulation. This document phone, email, etc.) become part of the public record
and the text of the proposed regulation may also be and can be released to the public upon request.
viewed and downloaded from the C D E’s website at
http://www.cde.ca.gov/re/lr/rr/. All of the information AUTHORITY AND REFERENCE
upon which the proposed action is based may
be obtained upon request from the Regulations Authority: Penal Code (Pen. Code) section 14231.5.
Coordinator. Reference: Penal Code sections 530.55, 11105,
13202, and 14321.
AVAILABILITY AND LOCATION OF THE
FINAL STATEMENT OF REASONS AND INFORMATIVE DIGEST/POLICY
RULEMAKING FILE STATEMENT OVERVIEW
You may obtain a copy of the Final Statement of Summary of Existing Laws and Regulations:
Reasons, once it has been finalized, by making a Assembly Bill (A B) 1602 (Stats. 2016, Chapter 24)
written request to the Regulations Coordinator. established Penal Code section 14230 and codified
All the information upon which the proposed legislative findings and declarations related to firearm
regulation is based is contained in the rulemaking file, violence, noting that too little was known about
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