EDMUND G. BROWN, JR., GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2014, NO. 36–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 5, 2014 PROPOSED ACTION ON REGULATIONS TITLE 4. CALIFORNIA HORSE RACING BOARD Horse Ineligible to Start in a Race — Notice File No. Z2014–0826–01 . 1545 TITLE 4. CALIFORNIA HORSE RACING BOARD Test Sample Required – Notice File No. Z2014–0826–02 . 1547 TITLE 13. AIR RESOURCES BOARD Low Emission Vehicle (LEV III) Regulations 2014 — Notice File No. Z2014–0819–06 . 1550 TITLE 13. AIR RESOURCES BOARD Zero Emission Vehicle (ZEV) Regulation 2014 — Notice File No. Z2014–0819–07 . 1557 TITLE 13. CALIFORNIA HIGHWAY PATROL Routes for Transportation of Radioactive Materials — Notice File No. Z2014–0821–01 . 1563 TITLE 16. BOARD OF PHARMACY Compounding Drug Preparations — Notice File No. Z2014–0826–05 . 1564 TITLE 17. DEPARTMENT OF PUBLIC HEALTH California Biobank Program — Notice File No. Z2014–0825–02 . 1593 TITLE 17. DEPARTMENT OF PUBLIC HEALTH Prenatal Screening Fee Increase — Notice File No. Z2014–0826–03 . 1597 TITLE 22. OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT Proposed Revisions of California Coronary Artery Bypass Graft Outcomes Reporting Program (CCORP) Data Elements — Notice File No. Z2014–0825–01 . 1601 GENERAL PUBLIC INTEREST CALIFORNIA ENERGY COMMISSION Notice of Amendment to Date and Time for Public Hearing re: Appliance Efficiency Standards Enforcement (Notice Previously Published in Notice Register 2014, No. 35–Z, August 29, 2014) . 1604 (Continued on next page) Time- Dated Material SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State. 1604 Sections Filed, March 26, 2014 to August 27, 2014. 1608 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 (USPS 002–931), (ISSN 1041-2654) 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) 888-3600. “Periodicals Postage Paid in Saint Paul, MN.” POSTMASTER: Send address changes to the: CALIFORNIA REGULATORY NOTICE REGISTER, Barclays, a subsidiary of West, a Thomson Reuters Business, P.O. Box 2006, San Francisco, CA 94126. The Register can also be accessed at http://www.oal.ca.gov. CALIFORNIA REGULATORY NOTICE REGISTER 2014, VOLUME NO. 36-Z ever, written comments may still be submitted at the PROPOSED ACTION ON public hearing. Submit comments to: REGULATIONS Leeland Turner, Regulation Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Information contained in this document is Sacramento, CA 95825 Telephone: (916) 263–6026 published as received from agencies and is Fax: (916) 263–6042 not edited by Thomson Reuters. E–mail: [email protected] TITLE 4. CALIFORNIA HORSE AUTHORITY AND REFERENCE RACING BOARD Authority cited: Sections 19440 and 19562, Business and Professions Code. Reference Sections: 19440, and 19562, Business and Professions Code. NOTICE OF PROPOSAL TO AMEND Business and Professions Code section 19440 and RULE 1588, HORSE INELIGIBLE TO START IN 19562 give the Board jurisdiction and supervision over A RACE meetings in California where horse races with wagering The California Horse Racing Board (Board or on their results are held, authorizes the Board to adopt, CHRB) proposes to amend the regulation described amend or repeal regulations, and allows for the Board to below after considering all comments, objections or delegate any of its powers to the stewards. recommendations regarding the proposed action. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PROPOSED REGULATORY ACTION Business and Professions Code section 19440 states The California Horse Racing Board (Board or that the Board shall have all powers necessary and prop- CHRB) proposes to amend Board Rule 1588, Horse In- er to enable it to adopt rules and regulations for the eligible to Start in a Race, to provide that a horse is ineli- protection of the public and the control of horse racing. gible to start in any race in California if it is on the Veter- Business and Professions Code section 19562 states inarian’s List in another racing jurisdiction, unless with that the Board may prescribe rules, regulations, and prior approval of the stewards. conditions on all California horse races with wagering on their results. Rule 1866, Veterinarian’s List, defines the California Veterinarian’s List and states the general PUBLIC HEARING rules and uses of the list. It states a horse may be placed The Board will hold a public hearing starting at 9:30 on the list due to veterinary treatment, physical distress, a.m., Thursday, October 23, 2014, or as soon after that injury, lameness, unsoundness, or infirmity. Rule 1588, as business before the Board will permit, at the Santa Horse Ineligible to Start in a Race, identifies the cir- Anita Park Race Track, Baldwin Terrace Room, 285 cumstances that make a horse ineligible to start in a West Huntington Drive, Arcadia, California. At the race, including being on the California Veterinarian’s hearing, any person may present statements or argu- List. The Board proposes amending Rule 1588, Horse ments orally or in writing about the proposed action de- Ineligible to Start a Race. The proposed amendment scribed in the informative digest. It is requested, but not adds a new subsection 1588(j), which provides that a required, that persons making oral comments at the horse on the Veterinarian’s List in another racing juris- hearing submit a written copy of their testimony. diction is ineligible to start in a race in California unless it has prior approval of the stewards. A horse is placed on a Veterinarian’s list for many reasons, including an WRITTEN COMMENT PERIOD injury or illness causing the horse to be unsound to race, or issues related to medication. Allowing a horse on a Any interested persons, or their authorized represen- Veterinarian’s List entry into a California horserace tative, may submit written comments about the pro- poses a safety hazard to the horse, its jockey, and other posed regulatory action to the Board. The written com- entrants of a race. It is common practice in California ment period closes at 5:00 p.m. on October 20, 2014. for the Official Veterinarian to consult the Veterinari- The Board must receive all comments at that time; how- an’s Lists of other racing jurisdictions when determin- 1545 CALIFORNIA REGULATORY NOTICE REGISTER 2014, VOLUME NO. 36-Z ing a horse’s eligibility to race. This is done using In- The proposed amendment to Rule 1588 will help to pre- Compass Solutions, a software system developed by vent jockey injuries, saving the racing industry money the Jockey Club, a national organization, formed in by reducing the cost of workers’ compensation claims, New York in 1894, dedicated to the improvement of and will also prevent horse injury or loss. Therefore the thoroughbred breeding and racing. InCompass Solu- proposed rulemaking will benefit the health and safety tions stores and maintains Veterinarian’s List informa- of the jockey and the horse which are essential elements tion of participating racing jurisdictions. Because there in the horseracing industry. is currently no rule prohibiting horses on another racing jurisdiction’s Veterinarian’s List from racing in Califor- nia, the practice of checking for such horses competing CONSISTENCY EVALUATION in California races is inconsistent. Some Official Veter- inarians are diligent in determining whether an unfamil- During the process of developing this amendment, iar horse is on a Veterinarian’s List of another jurisdic- the CHRB has conducted a search of any similar regula- tion, and other Official Veterinarian’s are less diligent. tions on this topic and has concluded that this amend- The addition of subsection 1588(j), which prohibits ment is neither inconsistent nor incompatible with ex- entry of horses on a Veterinarian’s List in another juris- isting state regulations. diction is necessary to ensure all horses deemed unfit to race by another racing jurisdiction face a higher and DISCLOSURE REGARDING THE PROPOSED consistent level of scrutiny before being allowed to race ACTION/RESULTS OF THE ECONOMIC in California. IMPACT ANALYSIS Recognizing that unforeseen problems with adminis- trative procedures, as well as the time of relocation of Mandate on local agencies and school districts: none. the horse to California, may delay the removal of the Cost or savings to any state agency: none. horse from another jurisdiction’s Veterinarian’s List, Cost to any local agency or school district that must the proposed addition of subsection 1588(j) provides be reimbursed in accordance with Government Code California stewards the flexibility to approve the race Section 17500 through 17630: none. eligibility of a horse found on another jurisdiction’s Other non–discretionary cost or savings imposed Veterinarian’s list. Although the stewards may consult upon local agencies: none. with the Official Veterinarian when approving the race Cost or savings in federal funding to the state: none. eligibility of a horse, they are the body with the author- The Board has made an initial determination that the ity to make such decisions. CHRB Rule 1580, Control proposed amendment to Rule 1588 will not have a sig- over Entries and Declarations, provides that all entries nificant statewide adverse economic impact directly af- and declarations are under the supervision of the fecting business including the ability of California busi- stewards.