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GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW
California Regulatory Notice Register
REGISTER 2021, NUMBER 2-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 8, 2021
PROPOSED ACTION ON REGULATIONS
TITLE 2. FAIR POLITICAL PRACTICES COMMISSION
Conflict–of–Interest Code..................................................................................................... 17
Amendment
State:
California State Transportation Agency
Multi–County:
Caliber Schools
TITLE 14. OFFICE OF SPILL PREVENTION AND RESPONSE/DEPARTMENT OF FISH AND WILDLIFE
Non–tank Vessel Fee Increase — Notice File Number Z2020–1229–05..................................................... 18
TITLE 17. CALIFORNIA AIR RESOURCES BOARD
2020 State Area Designations — Notice File Number Z2020–1222–03..................................................... 20
TITLE 22/M P P. DEPARTMENT OF SOCIAL SERVICES
CalWORKs Reporting and Resource Limits — Notice File Number Z2020–1229–02...................................... 25
TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
Proposition 65 Short Form Warnings — Notice File Number Z2020–1229–01............................................. 28
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND WILDLIFE
California Endangered Species Act, Consistency Determination No. 2080–2020–011–01
Re: Lower Moffett Creek Scour — D E S Brokered Project................................................................... 31
FISH AND GAME COMMISSION
Notice of Receipt of Petition to Change Listing — Milo Baker’s Lupine.................................................... 35
(Continued on next page)
Time-
Dated
MaterialOFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Hot Spots Trivalent Chromium R E L Document.............................................................................. 35 SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State..................................................................................... 36 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 2-Z
Director of the Commission, relative to review of the
PROPOSED ACTION ON proposed conflict–of–interest code(s). Any written
comments must be received no later than February 22,
REGULATIONS 2021. If a public hearing is to be held, oral comments
may be presented to the Commission at the hearing.
Information contained in this document is COST TO LOCAL AGENCIES
published as received from agencies and is There shall be no reimbursement for any new or
not edited by Thomson Reuters. increased costs to local government which may re-
sult from compliance with these codes because these
TITLE 2. FAIR POLITICAL are not new programs mandated on local agencies by
the codes since the requirements described herein
PRACTICES COMMISSION were mandated by the Political Reform Act of 1974.
NOTICE IS HEREBY GIVEN that the Fair Political Therefore, they are not “costs mandated by the state”
Practices Commission, pursuant to the authority as defined in Government Code Section 17514.
vested in it by Sections 82011, 87303, and 87304 of
the Government Code to review proposed conflict– EFFECT ON HOUSING
of–interest codes, will review the proposed/amended COSTS AND BUSINESSES
conflict–of–interest codes of the following:
Compliance with the codes has no potential effect
CONFLICT–OF–INTEREST CODES on housing costs or on private persons, businesses or
small businesses.
AMENDMENT
AUTHORITY
STATE: California State Transportation Agency
Government Code Sections 82011, 87303 and 87304
MULTI–COUNTY: Caliber Schools
provide that the Fair Political Practices Commission
A written comment period has been established as the code–reviewing body for the above conflict–of–
commencing on January 8, 2021 and closing on interest codes shall approve codes as submitted, revise
February 22, 2021. Written comments should be di- the proposed code and approve it as revised, or return
rected to the Fair Political Practices Commission, the proposed code for revision and re–submission.
Attention Amanda Apostol, 1102 Q Street, Suite 3000,
Sacramento, California 95811. REFERENCE
At the end of the 45–day comment period, the pro-
posed conflict–of–interest code(s) will be submitted to Government Code Sections 87300 and 87306 pro-
the Commission’s Executive Director for his review, vide that agencies shall adopt and promulgate conflict–
unless any interested person or his or her duly autho- of–interest codes pursuant to the Political Reform Act
rized representative requests, no later than 15 days pri- and amend their codes when change is necessitated by
or to the close of the written comment period, a public changed circumstances.
hearing before the full Commission. If a public hear-
ing is requested, the proposed code(s) will be submit- CONTACT
ted to the Commission for review.
The Executive Director of the Commission will Any inquiries concerning the proposed conflict–of–
review the above–referenced conflict–of–interest interest code(s) should be made to Amanda Apostol,
code(s), proposed pursuant to Government Code Fair Political Practices Commission, 1102 Q Street,
Section 87300, which designate, pursuant to Suite 3000, Sacramento, California 95811, telephone
Government Code Section 87302, employees who (916) 322–5660.
must disclose certain investments, interests in real
property and income. AVAILABILITY OF PROPOSED
The Executive Director of the Commission, upon CONFLICT–OF–INTEREST CODES
his or its own motion or at the request of any interested
person, will approve, or revise and approve, or return Copies of the proposed conflict–of–interest codes
the proposed code(s) to the agency for revision and re– may be obtained from the Commission offices or
submission within 60 days without further notice. the respective agency. Requests for copies from the
Any interested person may present statements, ar- Commission should be made to Amanda Apostol, Fair
guments or comments, in writing to the Executive Political Practices Commission, 1102 Q Street, Suite
17CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 2-Z
3000, Sacramento, California 95811, telephone (916) AUTHORITY AND REFERENCE
322–5660.
Government Code sections 8670.37.58, 8670.39,
and 8670.41 grant the Administrator of O S P R the
TITLE 14. OFFICE OF SPILL authority to adopt regulations and guidelines for the
PREVENTION AND RESPONSE/ proposed regulations.
DEPARTMENT OF FISH AND The proposed regulations implement, interpret and
WILDLIFE make specific Government Code sections 8670.37.54,
8670.39, 8670.40, and 8670.41.
Fund Administration INFORMATIVE DIGEST/POLICY
(Section 870.17) STATEMENT OVERVIEW
Financial Responsibility
(Sections 791.7, 793) Existing Law
The Lempert–Keene–Seastrand Oil Spill
Notice is hereby given that the Department of Prevention and Response Act (Act) of 1990 created
Fish and Wildlife, Office of Spill Prevention and a comprehensive state program for the protection
Response (O S P R) proposes to amend sections 870.17, of waters of the state from spills of oil and other
791.7, and 793, within subdivision 4 of title 14 of the deleterious materials. The Act provides, in part, for
California Code of Regulations, pertaining to the fee the development of oil spill contingency plans and a
assessed against non–tank vessels. O S P R invites demonstration of financial responsibility by vessels
interested persons to present comments, statements, arriving in California. Further, among its many
or arguments with respect to the proposed rulemaking provisions, the Act created the Oil Spill Prevention
during the written comment period. and Administration Fund (O S P A F), funded by fees
paid by such vessels.
PUBLIC HEARING Under existing law (Government Code section
8670.41), the Administrator for oil spill response
As a result of the coronavirus pandemic and the
shall charge a non–tank vessel owner or operator a
Executive Order of the Governor of California to
reasonable fee based upon the Administrator’s costs to
protect public health by limiting public gatherings
carry out the purposes of the Act. This fee is collected
and requiring physical distancing, O S P R has not
at the time an application for financial responsibility is
scheduled a public hearing on this proposed action.
submitted. A reduced fee for non–tank vessels which
Pursuant to Government Code section 11346.8, pose a reduced risk of pollution may be charged.
O S P R will hold a virtual public hearing via electronic
Policy Statement Overview and Anticipated Benefits
communication if a written request is received at the
of the Proposed Action
address below from any interested person or his or
her authorized representative no later than fifteen (15) These regulatory amendments are necessary
calendar days before the end of the 45–day comment to increase the non–tank vessel fee and to make
period. corresponding changes to the non–tank vessel
application for certificate of financial responsibility.
SUBMISSION OF WRITTEN COMMENTS O S P R believes that the additional revenue generated
from this fee increase would more appropriately
Any interested person or his or her authorized approximate O S P R’s costs to continue to manage
representative may submit to O S P R written a comprehensive non–tank vessel program, which
comments relevant to the proposed regulatory action. includes field monitoring and support of non–tank
The written comment period closes at 11:59 p.m. vessels, a drills and exercise program, financial
(Pacific Standard Time) on Monday, February responsibility program, a contingency planning
22, 2021. All written comments must be received program, and an accounting element to track and
by O S P R by then in order to be considered. Written audit receipts. Benefits include additional funding to
comments may be submitted by mail or e–mail, as support governmental entities including public and
follows: local that depend upon O S P A F–supported programs
such as the Oiled Wildlife Care Network, State Lands
Department of Fish and Wildlife Commission, the San Francisco Bay Conservation
Office of Spill Prevention and Response and Development Commission, and the Office of
P.O. Box 944209 Environmental Health Hazard Assessment to name a
Sacramento, California 94244–2090 few. Non–monetary benefits include the protection of
E–mail: OSPRRegulations@wildlife.ca.gov the environment through this increased funding.
18CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
Evaluation of Inconsistency or Incompatibility with DOCUMENTS INCORPORATED
Existing Regulations BY REFERENCE
The proposed regulations are not inconsistent
The following revised form is incorporated by ref-
or incompatible with existing regulations. After
erence in the financial responsibility regulations and
conducting a review for any regulations that relate to
is available on the O S P R website and upon request.
fees assessed against non–tank vessels, O S P R has
concluded none exist in California. ● Application for Certificate of Financial
Responsibility for Owners or Operators of
Nontank Vessels, Form DFW 1972 (Rev. 07/21).
DETERMINATIONS REGARDING THE
PROPOSED ACTION RESULTS OF THE ECONOMIC
IMPACT ASSESSMENT
O S P R has made the following determinations, as
required by Government Code section 11346.5(a)(5), Pursuant to Government Code sections 11346.2 and
(6), (7), (9) and State Administrative Manual section 11346.3, and State Administrative Manual section
6601: 6601, with regard to the proposed regulations, O S P R
(a) Mandate upon local agencies and school districts: determines the following:
None. ● Whether this is a “major regulation”, having an
economic impact on businesses and individuals
(b) Costs or savings to any state agency: None. exceeding $50,000,000 in any 12–month period
between the date the regulation is estimated to
(c) Costs or savings to any local agency: None.
be filed with the Secretary of the State through 12
(d) Costs or savings to any local agency or school months after the regulation is fully implemented.
districts which must be reimbursed in accordance These are not considered “major regulations”
with part 7, division 4 (commencing with section because the economic impact assessment
17500) of the Government Code: None. concludes that the impacts, summing both costs
(e) Other non–discretionary costs or savings and benefits, will be considerably less than $50
imposed upon local agencies: None. million dollars annually.
● Effects of the regulation on the creation or
(f) Costs or savings in federal funding to the state: elimination of jobs within the State of California.
None. None.
(g) Significant statewide adverse economic impact ● Effects of the regulation on the creation of
directly affecting business, including the ability of new businesses or the elimination of existing
California businesses to compete with businesses businesses within the State of California. None.
in other states: ● Effects of the regulation on the expansion of
The proposed fee increase would not significantly businesses currently doing business within the
impact non–tank vessel owners or operators as it State of California. None.
is an adjustment for inflation that has occurred ● Benefits of the regulation to the health and
since the fee was last increased in 2012. See welfare of California residents, worker safety,
analysis in the Economic and Fiscal Impact and the State’s environment.
Statement (Form S T D 399) and its attachment. The fee funds the non–tank vessel program,
which supports the protection of the environment
(h) Cost a representative private person or
and the public from the potential damages from
business would necessarily incur in reasonable
spills by ensuring that non–tank vessels develop
compliance:
oil spill contingency plans, demonstrate financial
The cost a representative private person or responsibility, and participate in oil spill response
business would incur with these proposed drills and exercises.
regulations is minor. The vessels that pay the ● Business Reporting Requirement. None.
largest fee are those vessels that have the largest ● Effect on small business
carrying capacity and would experience a $500
fee increase every other year. This regulatory action will not affect small
business. None of the businesses affected are
(i) Significant effect on housing costs: None. small businesses as described and defined by
19CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
sections 11346.3(b)(4)(A) or 11342.610 of the AVAILABILITY OF CHANGED OR
Government Code. MODIFIED TEXT
At the close of the 45–day comment period,
CONSIDERATION OF ALTERNATIVES and considering all timely and relevant comments
received, O S P R may adopt the proposed regulations
In accordance with Government Code section substantially as described in this notice. If O S P R
11346.5, subdivision (a)(13), O S P R must determine makes modifications which are sufficiently related to
that no reasonable alternative it considered, or that has the originally proposed text, the modified text (with
otherwise been identified and brought to the attention the changes clearly indicated) will be made available
of O S P R, would be more effective in carrying out the to the public for at least 15 days prior to the date of
purpose for which the action is proposed, or would be adoption. Any such modifications will also be posted
as effective and less burdensome to affected private on O S P R’s website identified above. Please send
persons than the proposed action, or would be more requests for copies of any modified regulations to the
cost–effective to affected private persons and equally attention of the contact person(s) as indicated above.
effective in implementing the statutory policy or other O S P R will accept written comments on the modified
provision of law. regulations for 15 days after the date on which they are
made available.
O S P R invites interested persons to present
reasonable alternatives to the proposed regulations AVAILABILITY OF THE FINAL
during the written comment period STATEMENT OF REASONS
Upon its completion, the Final Statement of Reasons
AVAILABILITY OF DOCUMENTS/O S P R
will be available on O S P R’s website and may be
CONTACT PERSON requested from the contact person(s) named in this
notice.
O S P R will have the entire rulemaking file available
for inspection and copying by appointment only. As
of the date this notice is published in the California
TITLE 17. CALIFORNIA AIR
Notice Register, the rulemaking file consists of this RESOURCES BOARD
notice, the modified text of the regulations, the Initial
Statement of Reasons, the Economic and Fiscal Impact NOTICE OF PUBLIC HEARING TO CONSIDER
Statement (Form S T D 399), any other information PROPOSED 2020 AMENDMENTS TO AREA
upon which the rulemaking is based. For inquiries DESIGNATIONS FOR STATE AMBIENT AIR
concerning the regulatory process or to request an
QUALITY STANDARDS
appointment to view and/or copy the rulemaking
documents identified above, please contact: The California Air Resources Board (CARB or
Board) will conduct a public hearing at the date and
Department of Fish and Wildlife time noted below to consider adoption of the proposed
Office of Spill Prevention and Response 2020 amendments to the regulations designating
Attention: Christine Kluge areas of California as Attainment, Nonattainment,
1010 Riverside Parkway Nonattainment–Transitional, or Unclassified for
West Sacramento, California 95605 pollutants with State ambient air quality standards.
Phone: (916) 375–4676
Email: Christine.Kluge@wildlife.ca.gov DATE: February 25, 2021
The backup contact person is: Ryan Todd at (916) TIME: 9:00 a.m.
375–2077, or Ryan.Todd@wildlife.ca.gov. Please see the public agenda which will be posted
ten days before the February 25, 2021 Board Meeting
AVAILABILITY OF for any appropriate direction regarding a possible
remote–only Board Meeting. If the meeting is to be
DOCUMENTS ON THE INTERNET held in person, it will be held at the California Air
Resources Board, Byron Sher Auditorium, 1001 I
This notice and related rulemaking documents Street, Sacramento, California 95814.
identified above can be accessed online on the Non– This item will be considered at a meeting of the
Tank Vessel Fee webpage on O S P R’s website. Board, which will commence at 9:00 a.m., February
20CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
25, 2021, and may continue at 8:30 a.m., on February INFORMATIVE DIGEST OF PROPOSED
26, 2021. Please consult the agenda for the hearing, ACTION AND POLICY
which will be available at least ten days before STATEMENT OVERVIEW
February 25, 2021, to determine the day on which this (Gov. Code, § 11346.5, subdivision (a)(3))
item will be considered.
Sections Affected: Proposed amendment to
WRITTEN COMMENT PERIOD AND California Code of Regulations, title 17, sections
SUBMITTAL OF COMMENTS 60201 and 60210.
Background and Effect of the Proposed Regulatory
In accordance with the Administrative Procedure Action:
Act, interested members of the public may present CARB is charged with the responsibility of adopting
comments orally or in writing during the hearing and ambient air quality standards in consideration of the
may provide comments by postal mail or by electronic public health, safety, and welfare (Health and Safety
submittal before the hearing. The public comment Code [H&S C] section 39606). To date, CARB has
period for this regulatory action will begin on January adopted State ambient air quality standards (State
8, 2021. Written comments not submitted during the standards) for ten pollutants, set forth in the California
hearing must be submitted on or after January 8, Code of Regulations (C C R), title 17, section 70200. In
2021, and received no later than February 22, 2021. addition, H&S C section 39607(e) requires CARB to
Comments submitted outside that comment period are establish designation criteria which provide the basis
considered untimely. CARB may, but is not required to, for designating areas of California as Attainment or
respond to untimely comments, including those raising Nonattainment with respect to the State standards.
significant environmental issues. CARB requests that The designation criteria are set forth in C C R, title
when possible, written and email statements be filed 17, sections 70300 through 70306, and appendices
at least ten days before the hearing to give CARB staff 1 through 3 thereof. H&S C section 39608 further
and Board members additional time to consider each requires CARB to establish and annually review area
comment. The Board also encourages members of the designations, based on these designation criteria, for
public to bring to the attention of staff in advance of State standards.
the hearing any suggestions for modification of the CARB may also consider other changes to the
proposed regulatory action. Comments submitted in sections affected, as listed below, during the course of
advance of the hearing must be addressed to one of this rulemaking process.
the following:
Postal mail: OBJECTIVES AND BENEFITS OF THE
Clerks’ Office, California Air Resources Board PROPOSED REGULATORY ACTION
1001 I Street, Sacramento, California 95814
During the annual review, CARB determines
Electronic submittal: whether changes to the existing area designations
https://www.arb.ca.gov/lispub/comm/bclist.php are warranted based on an evaluation of recent air
quality data. The proposed amendments to the area
Please note that under the California Public Records designations classify the air quality in communities
Act (Gov. Code, § 6250 et seq.), your written and as to whether it meets the State standards. Depending
oral comments, attachments, and associated contact on the proposed changes to an area’s designation, the
information (e.g., your address, phone, email, etc.) local air quality management district or air pollution
become part of the public record and can be released control district (district) may be required to adopt and
to the public upon request. submit a plan to correct for deficiencies in meeting the
Additionally, the Board requests but does not State standards for ozone, carbon monoxide, nitrogen
require that persons who submit written comments to dioxide, and sulfur dioxide. Districts may modify the
the Board reference the title of the proposal in their emissions reduction strategy or alternative measure
comments to facilitate review. of progress in the plan if the district demonstrates
to CARB’s satisfaction that the modified strategy is
AUTHORITY AND REFERENCE at least as effective in improving air quality as the
strategy in the plan.
This regulatory action is proposed under the The annual review and update of the area designations
authority granted in California Health and Safety Code, gives the public, businesses, and government an
sections 39600, 39601, 39607(e), 39608, and 40925.5. indication of whether the health–based standards are
This action is proposed to implement, interpret, and being met. This information allows the public to make
make specific sections 39607(e), 39608, and 40925.5. more educated decisions regarding personal health
21CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
and residency, as well as participation in outdoor local air quality. As discussed above, depending on the
activities. In addition, businesses and government are proposed changes to an area’s designation, a district
given the opportunity to make informed decisions may be required to adopt and submit a plan to correct
regarding worker health and safety. for deficiencies in meeting the State standards for
Objectives: ozone, carbon monoxide, nitrogen dioxide, and sulfur
This year’s review of the area designations is dioxide. As a result, indirect benefits to the quality
based on air quality data from 2017 through 2019. of the physical environment may result if the district
The proposed amendments provide for the following adopts or amends its regulations with a goal toward
changes: achieving the State standards.
● Ozone Area Designations (section 60201): Encouraging a regional approach to the State
ambient air quality, whenever possible. The proposed
○ Redesignate North Central Coast Air
designations by discrete areas allow each local district
Basin as Attainment. This area is currently
to assess the air quality of individual areas and address
designated as Nonattainment–Transitional.
their unique situations and needs. This approach
○ Redesignate Amador County in the allows each local district to identify the most cost–
Mountain Counties Air Basin as effective, efficient, and acceptable approach to achieve
Nonattainment–Transitional. This area is the State standards.
currently designated as Nonattainment. Consistency with the State goal of providing a
○ Redesignate Shasta County in the decent home and suitable living environment. The
Sacramento Valley Air Basin as annual review and update of the area designations
Nonattainment–Transitional. This area is gives local districts an updated and more accurate
currently designated as Nonattainment. indication of whether the health–based standards are
○ Redesignate Santa Barbara County in being met. This information allows local districts
the South Central Coast Air Basin as to make informed decisions regarding appropriate
Nonattainment. This area is currently actions to meet the State standards.
designated as Attainment. Protection of worker safety. The annual review
● PM2.5 (fine particulate matter) Area Designations and update of the area designations gives the public,
(section 60210): businesses, and government an updated and more
○ Redesignate the remainder of San accurate indication of whether the health–based
Bernardino County (outside the county standards are being met. This information also allows
portion of the federal Southeast Desert businesses and government the opportunity to make
Modified Air Quality Management Area better informed decisions regarding worker health and
(A Q M A) for Ozone) and those portions safety.
of Kern County, Los Angeles County, and
Riverside County in the Mojave Desert COMPARABLE FEDERAL REGULATIONS
Air Basin as Attainment. These areas are
currently designated as Unclassified. There are no comparable federal or local regulations
that address area designations for the State standards.
Benefits:
Environmental Justice. Some communities AN EVALUATION OF INCONSISTENCY OR
experience higher exposures to air pollutants, and it INCOMPATIBILITY WITH EXISTING
is a priority of CARB to ensure that full protection STATE REGULATIONS
is afforded to all Californians. CARB’s designations
(Gov. Code, § 11346.5, subdivision (a)(3)(D))
provide members of these communities with updated
information about the air quality of their communities The proposed changes, as well as the process for
which, as stated, allows them to make more educated affecting those changes, to the area designations
decisions regarding personal health and residency, as are consistent and compatible with existing State
well as participation in outdoor activities. regulations.
Safeguarding the quality of the physical environment.
In proposing the designation changes, CARB has
An area’s designation status provides a classification
considered the data for record (defined in California
that assists local districts to more accurately assess
22CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
Code of Regulations, title 17, section 70301(a)),1 Code sections 40910–40930 and potentially create
which meet the representativeness and completeness costs to one local district, which are not reimbursable
criteria. The representativeness criteria are set forth in by the State under Government Code, title 2, division
Appendix B to the Initial Statement of Reasons and in 4, part 7 (commencing with section 17500), and cost
the California Code of Regulations, title 17, Division savings to other local districts by allowing suspension
3, Chapter 1, Subchapter 1.5, Article 3, Appendix of the reporting requirements under the Health and
1. The completeness criteria are also set forth in Safety Code sections 40910–40930. The proposed
Appendix B to the Initial Statement of Reasons and in regulatory action would not impose any other non–
the California Code of Regulations, title 17, Division discretionary costs or savings on local agencies.
3, Chapter 1, Subchapter 1.5, Article 3, Appendix 3. Housing Costs (Gov. Code, § 11346.5, subdivision
In addition, CARB has considered the criteria for (a)(12)):
designating areas as Nonattainment (California Code The Executive Officer has also made the initial
of Regulations, title 17, section 70303), Nonattainment– determination that the proposed regulatory action
transitional for pollutants other than ozone (California would not have a significant effect on housing costs.
Code of Regulations, title 17, section 70303.1), Significant Statewide Adverse Economic Impact
Nonattainment–transitional for ozone (California Directly Affecting Business, Including Ability to
Code of Regulations, title 17, section 70303.5), and
Compete (Gov. Code, §§ 11346.3, subdivision (a),
Attainment (California Code of Regulations, title 17,
11346.5, subdivision (a)(7), 11346.5, subdivision
section 70304) in making these proposed designations.
(a)(8)):
During the process of developing the proposed
The Executive Officer has made an initial
regulatory action, CARB conducted a search of any
determination that the proposed regulatory action
similar regulations on this topic and concluded these
would not have a significant statewide adverse
regulations are neither inconsistent nor incompatible
economic impact directly affecting businesses,
with existing state regulations.
including the ability of California businesses to
compete with businesses in other states, or on
DISCLOSURES REGARDING THE
representative private persons.
PROPOSED REGULATION
Results of The Economic Impact Analysis/
Fiscal Impact/Local Mandate Determination Assessment (Gov. Code, § 11346.5, subdivision
Regarding the Proposed Action (Gov. Code, (a)(10)):
§ 11346.5, subdivisions (a)(5)&(6)):
NON–MAJOR REGULATION: STATEMENT
The determinations of the Board’s Executive
OF THE RESULTS OF THE ECONOMIC
Officer concerning the costs or savings incurred by
public agencies and private persons and businesses in IMPACT ASSESSMENT (E I A)
reasonable compliance with the proposed regulatory
action are presented below. Effect on Jobs/Businesses:
Under Government Code section 11346.5, The Executive Officer has determined that the
subdivisions (a)(5) and (a)(6), the Executive Officer has proposed regulatory action would not affect the creation
determined that the proposed regulatory action would or elimination of jobs within the State of California,
not create costs or savings to any State agency and the creation of new businesses or elimination of
would not create costs or savings in federal funding to existing businesses within the State of California, or
the State. The proposed regulatory action would trigger the expansion of businesses currently doing business
reporting requirements under the Health and Safety within the State of California. A detailed assessment
of the economic impacts of the proposed regulatory
1
California Code of Regulations, title 17, section 70301(a) pro- action can be found in the Economic Impact Analysis
vides: “Except as otherwise provided in this article, designations in the Initial Statement of Reasons (I S O R).
shall be based on ‘data for record.’ (1) Data for record are those
data collected by or under the auspices of the state board or the The area designations are labels that describe the
districts for the purpose of measuring ambient air quality, and healthfulness of the air quality in each area. Because
which the Executive Officer or his or her delegate has determined these regulations by themselves are simply labels of
comply with the siting and quality assurance procedures estab- an area’s air quality, they do not contain any specific
lished in Part 58, Title 40, Code of Federal Regulations or other
equivalent procedures. (2) Any other data which are provided by requirements for action, but may trigger or suspend
a district or by any other person will be data for record if the Ex- the review, adoption, and submittal of a triennial plan
ecutive Officer or his or her delegate determines within 90 days by a local district. As a result, in most cases they have
of submittal of complete supporting documentation that the data no specific, direct economic impact. In general, this
comply with the siting and quality assurance procedures estab-
lished in Part 58, Title 40, Code of Federal Regulations or other regional approach to categorizing air quality allows
equivalent procedures . . .” each district to identify the most cost–effective and
23CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
efficient approach to achieve the ambient air quality representative private persons or businesses. CARB
standards. The change in ozone designation from is not aware of any cost impacts that a representative
Attainment to Nonattainment for Santa Barbara private person or business would necessarily incur in
County would reinstate a reporting requirement for the reasonable compliance with the proposed action.
Santa Barbara County Air Pollution Control District Effect on Small Business (Cal. Code Regs., title 1,
and would result in costs to the District. Conversely, § 4, subdivisions (a) and (b)):
the change in ozone designation from Nonattainment– The Executive Officer has also determined under
Transitional to Attainment for the North Central Coast California Code of Regulations, title 1, section 4, that
Air Basin would suspend a reporting requirement the proposed regulatory action would not affect small
for that Air Basin and would result in cost savings. businesses because the proposed regulatory actions
For Shasta County in the Sacramento Valley Air are simply labels of an area’s air quality; they do not
Basin and Amador County in the Mountain Counties contain any specific requirements for action, other
Air Basin, the change in ozone designation for both than triggering the review, adoption, and submittal of
from Nonattainment to Nonattainment–Transitional a triennial plan by the local district. As a result, they
could suspend some reporting requirements and have no specific, direct impact on small businesses.
could result in cost savings. The change in PM2.5
designation from Unclassified to Attainment for the Consideration of Alternatives (Gov. Code, § 11346.5,
portion of San Bernardino County outside the federal subdivision (a)(13)):
Southeast Desert Modified A Q M A for Ozone as Before taking final action on the proposed regulatory
well as those portions of Kern County, Los Angeles action, the Board must determine that no reasonable
County, and Riverside County in the Mojave Desert alternative considered by the Board, or that has
Air Basin would not result in any change in reporting otherwise been identified and brought to the attention
requirements. of the Board, would be more effective in carrying out
In addition, the annual review and update of the the purpose for which the action is proposed, would
area designations gives the public an indication of be as effective and less burdensome to affected private
whether the health–based standards are being met, persons than the proposed action, or would be more
thereby allowing the public to make more educated cost–effective to affected private persons and equally
decisions regarding personal health and residency, effective in implementing the statutory policy or other
as well as participation in outdoor activities. These provisions of law.
personal health and residency decisions may translate
into cost savings from reduced medical expenses, ENVIRONMENTAL ANALYSIS
hospitalizations, and time off from work, as well
as improved psychological benefits. It also allows CARB, as the lead agency under the California
businesses and government the opportunity to make Environmental Quality Act (C E Q A), has reviewed
informed decisions about worker health and safety. the proposed regulation and concluded that
These business and government decisions may also this is exempt pursuant to C E Q A Guidelines
translate into cost savings from reduced workers’ §15061(b)(3) because it can be seen with certainty
expenses such as medical expenses, hospitalizations, that there is no possibility that the proposed action
time off from work, and worker’s compensation, as may result in significant adverse impact on the
well as improved worker morale. environment. A brief explanation of the basis for
reaching this conclusion is included in Section VII of
Benefits of the Proposed Regulation: the Initial Statement of Reasons (I S O R).
The objective of the proposed regulatory action is
to review and update the area designations which give SPECIAL ACCOMMODATION REQUEST
the public, businesses, and government an indication
of whether the health–based standards are being met. Consistent with California Government Code
A summary of these benefits is provided above section 7296.2, special accommodation or language
in “Objectives and Benefits” under the Informative needs may be provided for any of the following:
Digest of Proposed Action and Policy Statement ● An interpreter to be available at the hearing;
Overview Pursuant to Government Code section ● Documents made available in an alternate format
11346.5, subdivision (a)(3) discussion above. or another language; and
Cost Impacts on Representative Private Persons ● A disability–related reasonable accommodation.
or Businesses (Gov. Code, § 11346.5, subdivision To request these special accommodations or
(a)(9)): language needs, please contact the Clerks’ Office at
In developing this regulatory proposal, CARB (916) 322–5594 as soon as possible, but no later than
staff evaluated the potential economic impacts on ten business days before the scheduled Board hearing.
24CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
T T Y/T D D/Speech to Speech users may dial 711 for The Board staff has compiled a record for this
the California Relay Service. rulemaking action, which includes all the information
Consecuente con la sección 7296.2 del Código de upon which the proposal is based. This material is
Gobierno de California, una acomodación especial available for inspection upon request to the contact
o necesidades lingüísticas pueden ser suministradas persons.
para cualquiera de los siguientes:
● Un intérprete que esté disponible en la audiencia; HEARING PROCEDURES
● Documentos disponibles en un formato alterno u
The public hearing will be conducted in accordance
otro idioma; y
with the California Administrative Procedure Act,
● Una acomodación razonable relacionados con Government Code, title 2, division 3, part 1, chapter
una incapacidad. 3.5 (commencing with section 11340).
Para solicitar estas comodidades especiales o Following the public hearing, the Board may take
necesidades de otro idioma, por favor llame a la action to approve for adoption of the regulatory
oficina del Consejo al (916) 322–5594 o envié un fax a language as originally proposed, or with non–
(916) 322–3928 lo más pronto posible, pero no menos substantial or grammatical modifications. The
de 10 días de trabajo antes del día programado para Board may also approve for adoption the proposed
la audiencia del Consejo. T T Y/T D D/Personas que regulatory language with other modifications if the
necesiten este servicio pueden marcar el 711 para el text as modified is sufficiently related to the originally
Servicio de Retransmisión de Mensajes de California. proposed text that the public was adequately placed on
notice and that the regulatory language as modified
AGENCY CONTACT PERSONS could result from the proposed regulatory action.
If this occurs, the full regulatory text, with the
Inquiries concerning the substance of the proposed modifications clearly indicated, will be made available
regulatory action may be directed to the agency to the public, for written comment, at least 15 days
representative, Jenette Kwong, Air Resources before final adoption.
Engineer, Air Quality Analysis Section, at (916) 324– The public may request a copy of the modified
9460 or (designated back–up contact) Theresa Najita, regulatory text from CARB’s Public Information
Air Pollution Specialist, Central Valley Air Quality Office, Air Resources Board, 1001 I Street, Visitors
Planning Section, at (916) 282–6295. and Environmental Services Center, First Floor,
Sacramento, California, 95814.
AVAILABILITY OF DOCUMENTS
CARB staff has prepared a Staff Report: the I S O R FINAL STATEMENT OF
for the proposed regulatory action, which includes a REASONS AVAILABILITY
summary of the economic and environmental impacts
Upon its completion, the Final Statement of Reasons
of the proposal. The report is entitled: “Proposed 2020
(F S O R) will be available and copies may be requested
Amendments to Area Designations for State Ambient
from the agency contact persons in this notice or may
Air Quality Standards.”
be accessed on CARB’s website listed below.
Copies of the I S O R and the full text of the proposed
regulatory language, in underline and strikeout format
INTERNET ACCESS
to allow for comparison with the existing regulations,
may be accessed on CARB’s website listed below, This notice, the I S O R and all subsequent regulatory
or may be obtained from the Public Information documents, including the F S O R, when completed,
Office, California Air Resources Board, 1001 I Street, are available on CARB’s website for this rulemaking
Visitors and Environmental Services Center, First at https://ww2.arb.ca.gov/rulemaking/2021/sad2020.
Floor, Sacramento, California, 95814, on January 5,
2021. Because of current travel, facility, and staffing
restrictions, the California Air Resources Board’s TITLE 22/M P P. DEPARTMENT OF
offices may have limited public access. Please contact SOCIAL SERVICES
Bradley Bechtold, Regulations Coordinator, at bradley.
bechtold@arb.ca.gov or (916) 322–6533 if you need ORD #0520–03
physical copies of the documents. CalWORKs Reporting and Resource Limits
Further, the agency representative to whom California Department of Social Services (C D S S)
nonsubstantive inquiries concerning the proposed hereby gives notice of the proposed regulatory action(s)
administrative action may be directed is Bradley described below. Any person interested may present
Bechtold, Regulations Coordinator, (916) 322–6533. statements or arguments relating to the proposed
25CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
regulations in writing, e–mail, or by facsimile to the CHAPTERS
address, e–mail address, or numbers listed below. All
comments must be received by February 23, 2021. Manual of Policies and Procedures (M P P) sections
42–201, 42–207, 42–211, 42–213, 42–215, 44–111, 44–
Following the close of the public notice, C D S S 113, 44–207 and 44–316.
may thereafter adopt the proposals substantially
as described below or may modify the proposals INFORMATIVE DIGEST/POLICY
if the modifications are sufficiently related to the STATEMENT OVERVIEW
original text. Except for nonsubstantive, technical, or
grammatical changes, the full text of any modified These proposed regulations make the following
proposal will be available for 15 days prior to its changes to the California Work Opportunity and
adoption to all persons who submit written comments Responsibility to Kids (CalWORKs) program:
during the public comment period and all persons who ● Increases the Earned Income Disregard (E I D) and
request notification on this proposal. Please address Disability–Based Unearned Income Disregards
requests for regulations as modified to the agency (D B I) used to calculate grant amounts from $225
contact identified below. to $500, initially, followed by additional increases
Copies of the express terms of the proposed to $550 one year after the first increase, and to
regulations and the Initial Statement of Reasons are $600 two years after the initial increases;
available from the office listed below. This notice, ● Replaces the 3–tier Income Reporting Threshold
the Initial Statement of Reasons and the text of (I R T) system with a 2–tier system; the existing
the proposed regulations are available on C D S S’ Tier 2 I R T will be replaced with the existing Tier
emergency regulations page (https://www.cdss. 3 I R T, which is 130 percent of the Federal Poverty
ca.gov/inforesources/letters–regulations/legislation– Level (F P L), or the amount likely to render a
and–regulations/regulations–home –page/cdss– recipient ineligible for federal Supplemental
regulation–changes–in–process–and–completed– Nutrition Assistance Program (SNAP) benefits
regulations/emergency–regulations). Additionally, all (known as CalFresh in California);
the information which C D S S considered as the basis ● Allows recipient Assistance Units (A Us) to
for these proposed regulations (i.e., rulemaking file) maintain CalWORKs eligibility until their gross
is available for public reading at the address listed income exceeds the new Tier 2 I R T;
below. Following the public notice period, copies of ● Increases the maximum resource limit from
the Final Statement of Reasons will also be available $2,250 to $10,000, or $15,000 for A Us that
at the following address: include a member who is 60 years of age or older
or disabled; and
CONTACT ● Increases the maximum equity value of any
nonexempt motor vehicle from $9,500 to $25,000.
These changes are a result of Senate Bill (S B) 80
California Department of Social Services (Chapter 27, Statutes of 2019), effective June 1, 2020,
Office of Regulations Development or when the C D S S notifies the Legislature that the
744 P Street, MS 8–4–192 Statewide Automated Welfare Systems (SAWS) can
Sacramento, C A 95814 perform the necessary automation, whichever is later.
Tel: (916) 657–2586, Fax: (916) 654–3286 These proposed regulations increase the disability–
Email: ord@dss.ca.gov based unearned income and earned income disregards
from $225 to $500 effective June 2020, from $500
to $550 effective June 2021, and from $550 to $600
Contact Person: Kenneth Jennings (916) 657–2586 effective June 2022. The 50 percent disregard on the
Backup: Oliver Chu (916) 657–2586 remaining earned income remains unchanged. Income
disregards are used in the calculation of CalWORKs
C D S S has not scheduled a public hearing on this grants. When calculating the amount of the grant,
proposed action. However, C D S S will hold a public some of the income is not counted, or disregarded.
hearing if it receives a written request for a public By disregarding more income, more applicants and
hearing from any interested person, or his or her recipients will be eligible for CalWORKs, allowing
authorized representative, no later than 15 days before them access to supportive services and longer
the close of the written comment period. Any request engagement with the program, allowing them to
should be made to the contact information provided achieve more economic balance prior to exit, and
above. effectively create a bridge to stability.
26CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
These proposed regulations revise the CalWORKs regulations only affect recipients of the CalWORKs
I R T for better alignment with the CalFresh I R T, as program.
the majority of CalWORKs families are also enrolled Consistency:
in CalFresh. The three–tier system will be replaced C D S S conducted a review of existing regulations
by a two–tier system. The Tier 1 I R T will remain the and evaluated the proposed regulations for any
same, and the existing CalWORKs Tier 2 I R T will inconsistency or incompatibility. C D S S has found
be replaced with the existing CalWORKs Tier 3 I R T, that these are the only regulations concerning the
which is 130 percent of the Federal Poverty Level (F P L), I R T, E I D, D B I, resource limits, and equity value
or the amount likely to render a recipient ineligible for of vehicles in CalWORKs. Therefore, the proposed
federal Supplemental Nutrition Assistance Program regulations are neither inconsistent nor incompatible
(SNAP) benefits (known as CalFresh in California). with existing state regulations but do fulfill the intent
The I R T is the level of income that triggers the of the legislature in enacting S B 80.
need for a CalWORKs assistance unit (A U) to report Incorporation by Reference:
a mid–period change in income. A Us with income
over I R T will have their benefits lowered or stopped. This regulatory action does not incorporate
Replacement of the CalWORKs Tier 2 I R T with the documents by reference.
higher CalWORKs Tier 3 I R T allows recipients to
receive aid for a longer period of time, reflecting a COST ESTIMATE
positive step toward mitigating the far–reaching and
long–lasting effects of poverty. This provision of S B 1. Costs or Savings to State Agencies: None.
80 supports increased economic gains and mobility 2. Costs to Local Agencies or School Districts
opportunities among employed CalWORKs recipients, Which Must Be Reimbursed in Accordance with
and improves alignment with updates to the minimum Government Code Sections 17500–17630: None.
wage. CalWORKs families will receive additional 3. Nondiscretionary Costs or Savings to Local
support through longer engagement with the program Agencies: None.
and allow them to achieve more economic balance 4. Federal Funding to State Agencies: None.
prior to exit, and effectively create a bridge to stability.
These proposed regulations increase the maximum LOCAL MANDATE STATEMENT
asset and vehicle value limits for CalWORKs
applicants and recipients. The maximum equity value These regulations do not impose a mandate upon
of any non–exempt motor vehicle will be $25,000 for local agencies or on school districts. There are no
all applicants and recipients. The maximum resource “state–mandated local costs” in these regulations
limit will be $10,000, or $15,000 for A Us that include which require state reimbursement under Government
a member who is 60 years of age or older or disabled. Code section 17500 et seq.
These changes will allow families to save money
and build assets without fear of losing eligibility for STATEMENT OF SIGNIFICANT ADVERSE
CalWORKs benefits. ECONOMIC IMPACT ON BUSINESS
Benefits:
The benefits of the regulatory action to the health C D S S has made an initial determination that
and welfare of California residents, worker safety, the proposed action will not have a significant,
and the state’s environment are as follows: These statewide adverse economic impact directly affecting
amended regulations that reflect the increased Earned businesses, including the ability of California
Income Disregard (E I D) and resource and vehicle businesses to compete with businesses in other states.
value limits, and replacement of the CalWORKs Tier This determination was made based on the proposed
2 I R T with the CalWORKs Tier 3 I R T present a regulatory action, which was designed to impact only
positive step toward mitigating the far–reaching and the CalWORKs population to aid and strengthen needy
long–lasting effects of poverty. These provisions of families towards achieving economic self–sufficiency.
S B 80 support increased economic gains and mobility
opportunities among employed CalWORKs recipients, STATEMENT OF POTENTIAL COST IMPACT
and improve alignment with updates to the minimum ON PRIVATE PERSONS OR BUSINESSES
wage. These increases will assist CalWORKs families
with additional supports through longer engagement C D S S is not aware of any cost impacts that a
with the program by allowing them to achieve more representative private person or business would
economic balance prior to exit, and effectively create necessarily incur in reasonable compliance with the
a bridge to stability. There are no additional benefits proposed action. This regulatory action is designed to
for worker safety or the state’s environment, as the impact only the CalWORKs population in order to aid
27CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
and strengthen needy families and there are no known AUTHORITY AND REFERENCE CITATIONS
expected costs associated to the individuals.
Welfare and Institutions Code sections 10553,
10554, 10604, 11265, 11450, 11451, 11155, and 18900;
SMALL BUSINESS IMPACT STATEMENT
S B 80 (Chapter 27, Statues of 2019); 34 C F R VI.
C D S S has determined that there is no impact EMERGENCY STATEMENT
on small businesses because these regulations are
only applicable to state and county agencies. These These regulations are to be adopted on an emergency
regulations are mandated by S B 80 and are only basis. To allow interested persons an opportunity to
applicable to CalWORKs applicants and recipients; submit statements or arguments concerning these
therefore, they do not have a cost impact on the private regulations noticed to the public for a minimum of 45
sector, including small businesses. days in accordance with Government Code Section
11346.4.
STATEMENT OF RESULTS OF
ECONOMIC IMPACT ASSESSMENT TITLE 27. OFFICE OF
ENVIRONMENTAL HEALTH
The adoption of the proposed amendments will HAZARD ASSESSMENT
neither create nor eliminate jobs in the State of
California nor result in the elimination of existing
businesses or create or expand businesses in the State SAFE DRINKING WATER AND TOXIC
of California. The implementation of this regulatory ENFORCEMENT ACT OF 1986
action will benefit CalWORKs applicants and PROPOSITION 65
recipients. There are no additional benefits for worker
safety or the state’s environment, as the regulations PROPOSED AMENDMENTS TO ARTICLE 6
only affect individuals receiving or applying for CLEAR AND REASONABLE WARNINGS
CalWORKs benefits.
NOTICE IS HEREBY GIVEN that the Office of
STATEMENT OF EFFECT ON Environmental Health Hazard Assessment (O E H H A)
HOUSING COSTS proposes to amend certain sections of Article 6 of
Title 27 of the California Code of Regulations.1
O E H H A adopted new Article 6 Clear and Reasonable
The proposed regulatory action will have no effect Warnings regulations in August 2016, which became
on housing costs. operative in August 2018. The Article 6 regulations
adopted safe harbor warning methods and content for
STATEMENT OF consumer product exposures that included provisions
ALTERNATIVES CONSIDERED for a short–form warning. However, there has been
widespread use of short–form warnings in ways that
were not intended and do not further the purposes of
In developing the regulatory action, C D S S did not Proposition 65. O E H H A has also received numerous
consider alternatives because regulations for Welfare inquiries from businesses seeking clarification as to
and Institutions Code (WIC) sections 11155, 11265.3, whether the short–form warning could be used to
and 11451.5 are required by S B 80, Sections 34, 41, provide safe harbor warnings for food products, and for
42, 59 and 60. C D S S is legally bound to develop additional guidance on the safe harbor warning content
regulations for this WIC section. for short–form food warnings. O E H H A has therefore
C D S S must determine that no reasonable alternative determined that further amendments of certain
considered or that has otherwise been identified and sections of Article 6 are necessary. This rulemaking
brought to the attention of C D S S would be more includes amendments to Section 25601, Safe Harbor
effective in carrying out the purpose for which the Clear and Reasonable Warnings — Method and
regulations are proposed or would be as effective as Content; Section 25602, Consumer Product Exposure
and less burdensome to affected private persons than Warnings — Methods of Transmission; Section 25603,
the proposed action, or would be more cost–effective Consumer Product Exposure Warnings — Content;
to affected private persons and equally effective in
implementing the statutory policy or other provision 1
All further references are to sections of Title 27, Cal. Code of
of law. Regs., unless indicated otherwise.
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