California Register, 2019, Number 44. November 1, 2019

• Library: California Register
• Published date: 01 November 2019
• Year: 2019

GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW

REGISTER 2019, NUMBER 44−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 1, 2019

PROPOSED ACTION ON REGULATIONS

TITLE 2. CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

Social Security Administrative Fees — Notice File Number Z2019−1022−06 .............................. 1497

TITLE 2. FAIR POLITICAL PRACTICES COMMISSION

Conflict−of−Interest Code — Notice File Number Z2019−1022−05 ...................................... 1499

Amendment

State Agency:

Department of State Hospitals

Department of Consumer Affairs

Adoption

Multi−County: John Adams Academy

TITLE 5. COMMISSION ON TEACHER CREDENTIALING

Fees — Notice File Number Z2019−1022−02 ....................................................... 1501

TITLE 8. CALIFORNIA APPRENTICESHIP COUNCIL

Public Works Apprenticeship Requirements — Notice File Number Z2019−1022−01 ........................ 1504

TITLE 14. STATE MINING AND GEOLOGY BOARD

Appeals of Orders to Comply with Surface Mining and

Reclamation Act (SMARA) — Notice File Number Z2019−1017−03 ..................................... 1508

TITLE 14. STATE MINING AND GEOLOGY BOARD

Forfeiture of Financial Assurance Mechanisms — Notice File Number Z2019−1017−02 ..................... 1512

TITLE 14. STATE MINING AND GEOLOGY BOARD

Reclamation Plan Appeals — Notice File Number Z2019−1017−01 ..................................... 1516

(Continued on next page)

Time-

Dated

Material

TITLE 23. CALIFORNIA WATER COMMISSION

Procedure for Water Infrastructure Improvements for the

Nation (WIIN) Act Determination — Notice File Number Z2019−1022−04 ................................ 1519

TITLE 23. STATE WATER RESOURCES CONTROL BOARD

Underground Storage Tank Regulations — Notice File Number Z2019−1021−01 ........................... 1524

GENERAL PUBLIC INTEREST

DEPARTMENT OF REAL ESTATE

Annual Fee Review Hearing .................................................................... 1528

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

Public Meeting and Business Meeting ............................................................. 1529

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Initiation of Process to Develop Public Health Goals (PHGs) .......................................... 1530

DISAPPROVAL DECISION

DEPARTMENT OF JUSTICE

California Pawn and SecondhandDealer System Regulations .......................................... 1530

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State ........................................................ 1531

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.

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CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 44-Z

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 2. CALIFORNIA PUBLIC

EMPLOYEES’ RETIREMENT SYSTEM

NOTICE IS HEREBY GIVEN that the Board of Ad-

ministration (Board) of the California Public Employ-

ees’ Retirement System (CalPERS) proposes to take the

regulatory action described below in the Informative

Digest after considering public comments, objections,

or recommendations regarding the proposed regulatory

action.

I. PROPOSED REGULATORY ACTION

In this filing, the Board proposes adding Article 1.5,

“Administration”, to Subchapter 2 of Chapter 2 of Divi-

sion 1 of Title 2 of the California Code of Regulations

and proposes adding section 592.1, “Social Security

Administrative Fees” under Article 1.5. The proposed

regulatory action seeks to establish fees payable by cer-

tain public agencies per Government Code (GC) sec-

tions 22551, 22552, and 22560, which is necessary for

the continued administration of the State Social Securi-

ty Administrator (SSSA) program.

II. WRITTEN COMMENT PERIOD

Any interested person, or his or her authorized repre-

sentative, may submit written comments relevant to the

proposed regulatory action. The written comment peri-

od has been established commencing on November 1,

2019 and closing on December 17, 2019. The Regula-

tion Coordinator must receive all written comments by

the close of the comment period. Comments may be

submitted by e−mail to Regulation_Coordinator@

calpers.ca.gov, or mailed to the following address:

Hoang Tran, Regulation Coordinator

California Public Employees’ Retirement System

P.O. Box 942702

Sacramento, CA 94229−2702

Telephone: (916) 795−3038

III. PUBLIC HEARING

A public hearing will not be scheduled unless an in-

terested person, or his or her duly authorized represen-

tative, submits a written request for a public hearing to

CalPERS no later than 15 days before the close of the

written comment period. Notice of the time, date, and

place of the hearing will be provided to every person

who has filed a request for notice with CalPERS.

IV. ACCESS TO HEARING ROOM

The hearing room will be accessible to persons with

mobility impairments, and the room can be made acces-

sible to persons with hearing or visual impairments up-

on advance request to the CalPERS Regulation

Coordinator.

V. AUTHORITY AND REFERENCE

Under GC section 22500, the Board has authority to

take regulatory action to carry into effect the provisions

of Part 4, “Federal Old Age and Survivors’ Insurance”,

under Division 5 of Title 2 of the Government Code.

The proposed regulation establishes a fee to administer

the SSSA program per GC sections 22551, 22552, and

22560.

VI. INFORMATIVE DIGEST/POLICY

STATEMENT OVERVIEW

In 1955, the Governor’s Office designated CalPERS

as the SSSA for the State of California per GC sections

22200 and 22204. The Social Security Administration

(SSA) requires each state to designate an official to ad-

minister the state’s Section 218 Agreement. A Section

218 Agreement is a voluntary agreement between the

state and the SSSA to provide Social Security and

Medicare coverage for state and local government em-

ployees. CalPERS’ SSSA program processes requests

from public agencies for coverage under the State of

California’s Section 218 Agreement and for modifica-

tions thereto, executes annual employer information re-

quests, responds to employer inquiries, and performs

education and outreach.

Between 1955 and 1986, the SSSA was also responsi-

ble for collecting Social Security and Medicare taxes

from all public agencies in California. CalPERS

stopped collecting taxes from public agencies when the

Omnibus Budget Reconciliation Act of 1986 moved the

responsibility of collecting taxes from CalPERS to the

Internal Revenue Service. The SSSA has been operat-

ing since 1987 using the interest that was earned in the

Old Age and Survivors’ Insurance (OASI) Revolving

Fund per GC section 22601. The OASI Fund reserves

1497