California Register, 2021, Number 06. February 5, 2021

• Library: California Register
• Published date: 05 February 2021
• Year: 2021

GAVIN NEWSOM, GOVERNOR

OFFICE OF ADMINISTR ATIVE LAW

California Regulatory Notice Register

REGISTER 2021, NUMBER 6 -Z PUBLISHED WEEK LY BY THE OFFICE OF ADMI NISTRATIVE LAW FEBRUARY 5, 2021

PROPOSED ACTION ON REGULATIONS

TITLE 2. COMMISSION ON STATE MANDATES

General Cleanup Provisions — Notice File Number Z2021–0125–04

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125

TITLE 2. FAIR POLITICAL PRACTICES COMMISSION

Amendment

Multi County:

Napa Valley Community College District

Compass Charter Schools

Conict–of–Interest — Notice File Number Z2021–0126–01

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129

TITLE 7. BOARD OF PILOT COMMISSIONERS FOR THE BAYS OF SAN FRANCISCO,

SAN PABLO, AND SUISUN

Amendments to Fitness Regulations — Notice File Number Z2021–0125–03

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130

TITLE 10. DEPARTMENT OF INSURANCE

CAARP PLAN OF OPERATIONS — Notice File Number Z2021-1026-07

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134

TITLE 14. FISH AND GAME COMMISSION

Klamath River Basin Sport Fishing — Notice File Number Z2021–0125–01

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137

TITLE 14. FISH AND GAME COMMISSION

Central Valley Sport Fishing — Notice File Number Z2021–0125–02

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141

TITLE 15. BOARD OF PAROLE HEARINGS

Parole Consideration Procedures for Life Prisoners and

Nonlife 1168 Prisoners — Notice File Number Z2021–0126–03

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144

(Continued on nex t page)

Time-

Dated

Material

TITLE 16. BOARD OF CHIROPRACTIC EXAMINERS

Licensing Boards: Denial of Application: Revocation or Suspension of Licensure:

Criminal Conviction — Notice File Number Z2021–0121–01

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147

TITLE 17. AIR RESOURCES BOARD

Consumer Products Amendments — Notice File Number Z2021–0119–04

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150

TITLE 19. OFFICE OF EMERGENCY SERVICES

California Accidental Release Prevention (Cal A R P) Regulations — Notice File Number Z2021–0126–05

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160

PETITION DECISIONS

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Petition Decision Concerning Request from Melvin Williams Regarding Post Traumatic Slave Syndrome

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162

DEPARTMENT OF PESTICIDE REGULATION

Decision on Reconsideration (Petition by Daniel A. Raichel and Samuel D.

Eisenberg (on behalf of Natural Resources Defense Council, Californians for

Pesticide Reform, Center for Biological Diversity, Friends of the Earth, Pesticide

Action Network North America, and the Xerces Society for Invertebrate

Conservation)) Concerning Regulating Neonicotinoid–Treated Seeds

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163

O A L REGULATORY DETERMINATION

DEPARTMENT OF STATE HOSPITALS

2021 O A L DETERMINATION NUMBER 1

Department of State Hospitals Administrative Directive No. 610, titled “Patient Property.”

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166

AVAILABILITY OF INDEX OF PRECEDENTIAL DECISIONS

DEPARTMENT OF SOCIAL SERVICES

Precedential Decisions Index

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168

SUMMARY OF REGULATORY ACTIONS

Regulations led with Secretary of State

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169

The California Reg ulatory Notice Register is an ocial state pu blication of t he Oce of Administ rative Law containing

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

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 minimu m of 18 months.

CA LIFO RNI A REG ULAT ORY NOT ICE R EGIST ER is pub lish ed we ekly by th e Oce of Ad min ist rat ive La w, 300 C apit ol

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call (800) 328−4880. The Register can also be accessed at http://ww w.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 6-Z

125

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. COMMIS SION ON STATE

MANDATES

The Commission on State Mandates (Commission)

proposes to adopt the regulat ions described below

after considering all comments, objections, and

recommendations regarding the proposed a ction.

PUBLIC HE ARI NG

The Commission has not scheduled a public hearing

for t his proposed action. However, if it receives

a w ritten request for a public hea ring from any

interested person or their authorized representat ive

no later tha n 15 days before t he close of the written

comment per iod, by March 8, 2021, the Comm ission

will conduct a public hearing on this proposed action

on March 26, 2021, and will notify all persons of the

date, time, and location of the hearing pursuant to

Government Code section 11346.8(a).

WRITTEN COMM ENT PERIOD

Any interested person or their authorized

representative, may submit written comments relevant

to the proposed regulatory act ion to the Commission.

The comment period closes at 5:00 p.m. on March

22, 2021. The Com mission will only consider w ritten

comments received at the Commission oces by

that time. Commenters are st rongly encouraged

to submit their w ritten comments electronically if

possible (to prevent the spread of COVID–19) via the

Commission website “Drop Box” at: http://www.csm.

ca.gov/dropbox.php. Written com ments may also be

submitted to:

Jill Magee, Program Analyst

Commission on State Mand ates

980 Ninth Street, Suite 300

Sacramento, C A 95814

Phone: (916) 323–3562

AUTHORITY AND REFER ENCE

Government Code section 17527(g) authorizes

the Commission to adopt the proposed regulations.

Reference citations: Government Code sections 11123,

11346.4, 11347, 11347.1, and 17500 et seq.

INFOR MATIVE DIGEST/POLICY

STATEMENT OVERVIEW

The Commission on State Mandates (Commission)

is a seven–member quasi–judicial body authorized

to resolve d isputes regarding the existence of state –

mandated local programs (Government Code section

17500 et seq.) a nd to hear matte rs involving county

applications for a nding of signicant nancial

distress (Welfare and Institutions Code section

17000.6).

The purpose of this rulemaking is to generally clean–

up, clarify, and st reamline Commission regulations

and update language for consistency. The propose d

regulations: (1) add a denition of “nor mal business

hours” to clarify the Commission’s normal business

hours from 8 a.m. until 5 p.m. of each day from

Monday to Friday, excluding state holidays, and that

5 p.m. is the ling cuto for new lings and written

materials to be deemed led that day; (2) clarify the

requirements for test claim ling; (3) clarify that test

claims and incorrect reduction claims may be either

rejected or dismissed for lack of jurisdiction and clarify

the process for rejecting or dism issing a test claim for

lack of jurisdiction; (4) clarify that service charge and

assessment authority are to be included as osetting

revenues and reimbursements in parameters and

guidelines consistent with the purpose of art icle XIII

B, section 6 of the California Constitution; (5) clarify

the evidentiar y standa rd for request s for extension of

time and postponement of hear ing; (6) make minor,

non–substantive consistency edits, cor rections; and

(7) update reference citations.

Therefore, the Com mission proposes revised

language and citations in Articles 1, 3, 5, and 7 of the

California Code of Regulations, Division 2, Title 2,

Chapter 2.5 (Sections 1181.2, 1181.3, 1181.4, 1183.1,

1183.7, 1183.17, 1185.2, 1185.3, 1185.4, 1187.9) with a

proposed eective date of October 1, 2021.

Anticipated Benets of the Proposed Regulation

The specic be nets anticipated from the proposed

regulations are: clarifying the Commission’s “normal

business hours” for purposes of determ ining the date

and time of ling new lings and wr itten materials

with the Commission; clarifying the requirements

for test claim ling; clarifying that test claims and

incorrect reduction claims may be either rejected or

dismissed for lack of jur isdiction and clarify ing the

processes for d ismissing and rejecting test claims

led by ineligible claimants; clarify ing the osetting

revenues and reimbursements which must be included

in parameters and guidelines; clarifying the evidentiary

standards applicable to requests for extensions of time