California Register, 2017, Number 12. March 24, 2017

• Library: California Register
• Published date: 24 March 2017
• Year: 2017

MARCH 24, 2017REGISTER 2017, NO. 12−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

OFFICE OF ADMINISTRATIVE LAW

EDMUND G. BROWN, JR., GOVERNOR

(Continued on next page)

Time-

Dated

Material

PROPOSED ACTION ON REGULATIONS

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Asian Citrus Psyllid Interior Quarantine — Kern County — Notice File No. Z2017−0314−07 417................

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Asian Citrus Psyllid Interior Quarantine — Kings County — Notice File No. Z2017−0314−08 419................

TITLE 5. BOARD OF EDUCATION

California Assessment of Student Performance — Notice File No. Z2017−0314−03 422.........................

TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Training Reimbursement Requests — Notice File No. Z2017−0314−05 425...................................

TITLE 14. DEPARTMENT OF FISH AND WILDLIFE

Scientific Collecting Permits — Notice File No. Z2017−0314−06 427.......................................

TITLE 17. CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE

Intellectual Property Regulations — Notice File No. Z2017−0314−04 433...................................

TITLE 18. BOARD OF EQUALIZATION

Medicines and Medical Devices — Notice File No. Z2017−0314−09 436.....................................

TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL

Safer Consumer Products: Priority Products List — Notice File No. Z2017−0307−02 442.......................

GENERAL PUBLIC INTEREST

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

Unified Program Surcharge Fee Change 449..........................................................

DEPARTMENT OF FISH AND WILDLIFE

Klamath River Bridge Replacement — Consistency Determination (CD) No. 2080−2017−003−01 450.............

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

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FISH AND GAME COMMISSION

Use of Dog Pursuit/Take of Mammals — Additional Public Meetings (Previously Published in

Notice Register 2016, No. 47−Z) 453.................................................................

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND

REGULATIONS

DEPARTMENT OF JUSTICE

Notification Regarding Rules of Games Featuring a Player−Dealer Position 453..............................

DISAPPROVAL DECISION

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Uniform Multifamily Regulations 456................................................................

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State 457.........................................................

Sections Filed, October 12, 2016 to March 15, 2017 460..................................................

CALIFORNIA REGULATORY NOTICE REGISTER 2017, VOLUME NO. 12-Z

417

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 3. DEPARTMENT OF FOOD

AND AGRICULTURE

The Department of Food and Agriculture (Depart-

ment) amended subsection 3435(b) of the regulations in

Title 3 of the California Code of Regulations pertaining

to Asian Citrus Psyllid (ACP) Interior Quarantine as an

emergency action which was effective on December 1,

2016. The Department proposes to continue the regula-

tion as amended and to complete the amendment

process by submission of a Certificate of Compliance

no later than May 30, 2017.

This notice is being provided to be in compliance

with Government Code Section 11346.4.

PUBLIC HEARING

A public hearing is not scheduled. A public hearing

will be held if any interested person, or his or her duly

authorized representative, submits a written request for

a public hearing to the Department no later than 15 days

prior to the close of the written comment period.

WRITTEN COMMENT PERIOD

Any interested person or his or her authorized repre-

sentative may submit written comments relevant to the

proposed amendment to the Department. Comments

may be submitted by mail, facsimile (FAX) at

916.654.1018 or by email to Sara.Khalid@cdfa.ca.gov.

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

8, 2017. The Department will consider only comments

received at the Department offices by that time. Submit

comments to:

Sara Khalid

Department of Food and Agriculture

Plant Health and Pest Prevention Services

1220 N Street

Sacramento, CA 95814

Sara.Khalid@cdfa.ca.gov

916.654.1017

916.654.1018 (FAX)

Following the public hearing if one is requested, or

following the written comment period if no public hear-

ing is requested, the Department, at its own motion, or

at the instance of any interested person, may adopt the

proposal substantially as set forth without further

notice.

INFORMATIVE DIGEST/POLICY STATEMENT

OVERVIEW

Existing law provides that the Secretary is obligated

to investigate the existence of any pest that is not gener-

ally distributed within this state and determine the prob-

ability of its spread and the feasibility of its control or

eradication (Food and Agricultural Code (FAC) 5321).

Existing law also provides that the Secretary may es-

tablish, maintain and enforce quarantine, eradication

and other such regulations as she deems necessary to

protect the agricultural industry from the introduction

and spread of pests (FAC Sections 401, 403, 407 and

5322).

Anticipated Benefits from This Regulatory Action

Existing law, FAC Section 403, provides that the de-

partment shall prevent the introduction and spread of

injurious insect or animal pests, plant diseases, and

noxious weeds.

Existing law, FAC Section 407, provides that the Sec-

retary may adopt such regulations as are reasonably

necessary to carry out the provisions of this code that

the Secretary is directed or authorized to administer or

enforce.

Existing law, FAC Section 5321, provides that the

Secretary is obligated to investigate the existence of any

pest that is not generally distributed within this State

and determine the probability of its spread, and the fea-

sibility of its control or eradication.

Existing law, FAC Section 5322, provides that the

Secretary may establish, maintain, and enforce quaran-

tine, eradication, and such other regulations as are in her

opinion necessary to circumscribe and exterminate or

prevent the spread of any pest that is described in FAC

Section 5321.

The existing law obligates the Secretary to investi-

gate and determine the feasibility of controlling or erad-

icating pests of limited distribution but establishes dis-

cretion with regard to the establishment and mainte-

nance of regulations to achieve this goal. This amend-

ment provides the necessary regulatory authority to pre-

vent the artificial spread of a serious insect pest, which

is a mandated statutory goal.