California Register, 2020, Number 43. October 23, 2020

• Library: California Register
• Published date: 23 October 2020
• Year: 2020

GAVIN NEWSOM, GOVERNOR

OFFICE OF ADMINISTR ATIVE LAW

California Regulatory Notice Register

REGISTER 2020, NUM BER 43-Z PUBLISHED WEEK LY BY THE OFFICE OF ADMI NISTRATIVE LAW OCTOBER 23, 2020

PROPOSED ACTION ON REGULATIONS

TITLE 2. SECRETARY OF STATE

Business Entity Names — Notice File Number Z2020–1008–01 .............................................. 1387

TITLE 4. DE P ARTMENT OF ALCOHOLIC BEVERAGE CONTROL

Administrative Emergency Decision — Notice File Number Z2020–1013–01 .................................. 1391

TITLE 10. DE P ARTMENT OF INSURANCE

California Automobile Assigned Risk Plan — Notice File Number Z2020–1013–03 ............................. 1393

TITLE 17. CALIFORNIA AIR RESOURCES BOARD

Enhanced Vapor Recovery Amendments — Notice File Number Z2020–1006–05 ............................... 1396

TITLE 17. CALIFORNIA AIR RESOURCES BOARD

Prohibition on Certain Hydroourocarbons — Notice File Number Z2020–1006–01 ............................ 1407

GENERAL PUBLIC INTEREST

CALIFORNIA DE P ARTMENT OF FISH AND WILDFIRE

Notice concerning M–1 Road Fish Passage Improvement Project ............................................1416

DECISION NOT TO PROCEED

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Concerning Services Provided by the Commission (Previously Published in the

Notice Register 2020 Number 10Z) ....................................................................... 1418

(Continued on nex t page)

Time-

Dated

Material

The California Regulatory Notice Registe r is an ocial state publication of the Oce of Administrat ive Law cont aining

notices of proposed regulator y actions by state regulator y agencies to adopt, amend or repeal reg ulations contained in the

California Code of Regulations. The eective per iod of a notice of proposed reg ulatory action by a st ate agency in the

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SUMMARY OF REGULATORY ACTIONS

Regulations led with Secretary of State .................................................................. 1418

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 43-Z

1387

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. SECRETARY OF STATE

Chapter 8.5. Business Entit y Names

Amending Sections 21000, 21001, 21001.2,

21001.3, 21002, 21003, 21004, 21005, 21006

Repealing Sections 21004.5, 21005.5 and 21008

(Business Entity Names)

Notice is hereby given that the Secretary of State in-

tends to amend the regulations described below after

considering all comments, objections, and recommen-

dations regarding the proposed action.

Hearing Date: No hearing date is scheduled. A pub-

lic hearing will be held if any interested person, or his

or her duly authorized re presentative, submits a writ-

ten request for a public hearing to the contact person

listed no later than 15 days prior to the close of the

written comment period.

Written Public Comment Period: October 23, 2020,

through December 7, 2020.

PROPOSED REGULATORY ACTION

The Secret ary of State proposes the following reg-

ulatory action:

Amend provisions of 2 California Code of

Reg ulat ions se ct ion s 210 00, 21001, 21001.2 , 210 01.3,

21002, 21003, 21004, 21005, 21006 and repeal sec-

tions 21004.5, 21005.5 and 21008 to reect statutory

changes i n a nticipation of the passing of Senate Bill

522 in the California L egislature’s 2019 to 2020 ses-

sion, eective January 1, 2021 and f urther implement

and inte rpret the requ irements of Corporat ions Code

sections 110, 201, 2601, 5008, 5122, 7122, 9122, 10010,

10013, 12214, 12302, 13409, 15901.08, and 17701.08.

AUTHORITY AND REFER ENCE

Authority cited: Corpor ations Code sections 8, 110,

201, 2106, 2601, 5008, 5122, 7122, 9122, 10010, 10013,

12214, 12302, 13409, 15901.08, 15909.05, 17701.08

and 17708.02.

Reference cited: Corporations Code sect ions 8,

167, 171, 201, 2101, 2106, 2601, 5008, 5122, 6910,

7122, 8910, 9122, 12302, 13409, 15901.02, 15901.08,

15901.09, 15909.02, 15909.05, 17701.02, 17701.08,

17701.09, 17708.02 and 17708.05.

INFORMATIVE DIGEST / POLICY

STATEMENT OVERVIEW

The Secret ary of State proposes to amend sections

21000 through 21009 of Title 2 of the California Code

of Regulations, which implement, interpret or make

specic sections 201, 2601, 5122, 7122, 9122, 12302,

15901.08 and 17701.08 of the Corpor ations Code.

These sections concern the availability of business

entity names for Cor porations, Foreign Corporations,

Limited Liabi lity Companies, Foreign Limited

Liability Companies, Lim ited Partnerships and

Foreign Limited Partnerships. The proposed amend-

ments a re i ntended to reect the new statutory stan-

dards eective January 1, 2021.

The specic benets anticipated by the proposed

amendment of these regulations includes helping pe r-

sons and businesses trying to determine the avail-

ability of business entity names prior to ling their

documents with the Secretary of State. The existing

regulations will not reect the st atutory stand ards, ef-

fective Januar y 1, 2021, that are required to be used

in evaluating proposed names for corporations and

limited partnerships. Leavi ng the existing regula-

tions intact would result in confusion among appli-

cants. Amending the reg ulations to be consistent with

the California General Corporations Law, the Social

Purpose Corporations Act, the Nonprot Public

Benet Corporation Law, the Nonprot Mutual Benet

Corporation Law, the Nonprot Religious Corporation

Law, the Cooperative Corporation Law, Uniform

Limited Partnership Act of 2008, and the California

Revised Unifor m Lim ited Liability Company Act

should result in fewer documents being rejected by the

Secretary of State based on unavailable business enti-

ty names, which will save those individuals and busi-

nesses time and money.

The Secretar y of State has considered any other re-

lated regulations and statutes on this matter and has de-

termined that this proposed a mendment is not incon-

sistent or incompatible with existing regulations and

statutes. The Secret ary of State is the only st ate oce

responsible for administering the California General

Corporations Law, the Social P urpose Corporations

Act, the Nonprot Public Benet Corporation Law,

the Nonprot Mutual Benet Corporation Law, the

Nonprot Religious Corporation Law, the Cooperative

Corporation Law, Uniform Limited Partnership Act

of 2008, and the Califor nia Revised Uniform Lim ited

Liability Company Act.

Specically, through this proposed rulemaking, the

Secretary of State proposes to amend Californ ia Code