 
 
 
 
 
 
 
 
  
 
 
 
 
 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-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. CENTRAL V ALLEY FLOOD 
PROTECTION BOARD 
NOTICE IS HEREBY GIVEN that the Central Val-
ley Flood Protection Board, pursuant to the authority 
vested in it by section 87306 of the Government Code, 
proposes amendment of its conflict−of−interest code. A 
comment period has been established commencing on May 31, 2019 and closing on July 15, 2019. All in-
quiries sh ould be directed to the contact listed below. 
The Central Valley Flood Protection Board proposes 
to amend its conflict−of−interest code to include em-
ployee positions that involve the making or participa-
tion in the making of decisions that may foreseeably 
have a material effect on any financial interest, as set forth in subdivision (a) of section 87302 of the Govern-
ment Code. The code carries out the purposes of the law 
and no other alternative would do so and be less burden-some to affected persons. 
The provisions of the conflict−of−interest code 
include: 
The Central Valley Flood Protection Board’s 
conflict−of−interest provisions are currently contained 
in 23 CCR, § 595 under the Conflict−of−Interest Provi-
sion pertaining to the Department of Water Resources. As the Central Valley Flood Protection Board is a sepa-
rate and distinct state agency, it is appropriate that its conflict−of−interest provisions reside within Title 23, 
Division 1. The provisions proposed are essentially the same as those that appear in 23 CCR, § 595. 
The proposed amendment and explanation of the rea-
sons can be obtained from the agency’ s contact. 
Any interested person may submit written comments 
relating to the proposed amendment by submitting them 
no later than July 15, 2019 or at the conclusion of the 
public hearing, if requested, whichever comes later. At 
this time, no public hearing is scheduled. A person may 
request a hearing no later than July 1, 2019. 
The Central V alley Flood Protection Board has deter-
mined that the proposed amendments: 
1. Impose no mandate on local agencies or school 
districts. 
2. Impose no cost or savings on any state agency. 3. Impose no costs on any local agency or school 
district that are required to be reimbursed under 
Part 7 (commencing with Section 17500) of Division 4 of T itle 2 of the Government Code. 
4. Will not result in any nondiscretionary costs or savings to local agencies. 
5. Will not result in any costs or savings in federal funding to the state. 
6. Will not have any potential cost impact on private 
persons, businesses or small businesses. 
All inquiries concerning the proposed amendment 
and any communication required by this notice should be directed to: 
Sarah Backus, Staff Attorney, (916) 574−1448, 
sarah.backus@cvflood.ca.gov . 
TITLE 4. DEPARTMENT OF FOOD 
AND AGRICULTURE 
Hydrogen Gas−Measuring Devices (3.39) 
CCR Title 4, § 4002.9 
The California Department of Food and Agriculture 
(Department) proposes to amend California Code of 
Regulations (CCR) Title 4, § 4002.9. Hydrogen Gas− 
Measuring Devices (3.39). 
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 regulatory action to the Department by mail, fax, or email addressed to the primary contact person listed below. Please include ‘Hydrogen Device Rule-
making’ in the subject line of any letter, fax, or email re -
garding this rulemaking. The written comment period 
begins on May 31, 2019, and closes at 5:00 p.m. on July 
16, 2019. The Department will only consider comments 
received at the office of the Division of Measurement 
Standards by 5:00 p.m. on July 16, 2019. 
AUTHORITY/REFERENCE 
The Legislature has charged the Department in Cali-
fornia Business and Professions Code (BPC) Division 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 
5, § 12100 with the responsibility of supervising 
weights and measures activities within California. The 
secretary of the Department is granted authority in BPC 
§ 12027 to adopt such regulations as are reasonably 
necessary to carry out the provisions of Division 5. Au-
thority and reference for these regulations is provided in 
BPC § 12107, which requires the secretary to adopt 
specifications and tolerances for weighing and measur-
ing devices used for commercial purposes in California. 
INFORMATIVE DIGEST/POLICY STATEMENT 
OVERVIEW 
BPC Division 5, Chapter 2, § 12107 requires the De-
partment to adopt the latest specifications, tolerances, 
and other technical requirements published in the Na-
tional Institute of Standards and Technology (NIST) 
Handbook 44, “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring 
Devices ” (NIST Handbook 44), except as specifically 
modified, amended, or rejected by regulation adopted 
by the Department. The Department does so by adopt-ing regulation in Title 4 CCR §§ 4000, 4001, and the ap-
propriate subsection of 4002. 
In 2014, the Department adopted Section 3.39. of 
NIST Handbook 44, with modifications, in Title 4 CCR 
§§ 4000, 4001, and 4002.9, making those requirements 
enforceable in California. During that rulemaking process, the Department adopted four California− specific hydrogen gas−measuring device accuracy classes: (2.0), (3.0), (5.0) and (10.0). The Department 
has since determined that no hydrogen gas−measuring 
device in commercial use meets accuracy classes (2.0) 
or (3.0), nor has the Department approved for use a de-
vice having those accuracy classes. In 2016, the Depart-
ment submitted test data which served as the basis for the National Conference on Weights and Measures (NCWM) to adopt accuracy class (7.0), a compromise 
between device functionality, manufacturing cost, and 
the technologically feasible measurement of hydrogen sold as retail motor vehicle fuel. Currently , there are de-
vices having accuracy classes (5.0) and (10.0) approved 
for commercial purposes in the state. 
With this rulemaking, the Department proposes to 
keep accuracy classes (5.0) and (10.0), remove accura-
cy classes (2.0) and (3.0), and adopt the national stan-dard accuracy class (7.0) adopted by NCWM in 2016. Other nonsubstantive changes having no regulatory ef-fect are also proposed to improve the grammar, format-
ting, and sentence structure of the regulation. The spe-cific purpose and necessity of each of the amendments is discussed in the Initial Statement of Reasons of this rulemaking file. Anticipated Benefits of the Proposed Regulation 
The proposed regulation will facilitate the develop-
ment of more hydrogen fueling stations and in turn, pro-
mote increased production and sales of hydrogen gas− measuring devices in the state. W ith this proposed regu-
lation, hydrogen gas−measuring device manufacturers doing business in California may design, produce, and sell hydrogen gas−measuring devices with the uniform 
national standard accuracy class (7.0) alongside accura-
cy class (5.0) devices to streamline design, production, and marketing costs. National standardization of speci-fications and requirements will also promote increased consumer confidence during their hydrogen fueling ex-
perience. The Department believes this will lead to a greater number of consumers that choose to purchase hydrogen fuel cell vehicles and so increase demand for 
devices dispensing hydrogen as retail motor vehicle fu-
el. By adopting accuracy class (7.0) the Department 
will be able to regulate, enforce, and respond to con-sumers’ complaints against a hydrogen device having 
that accuracy class. 
Consistency and Compatibility with Existing State and 
Federal Laws and Regulations 
The Department has initi ally determined this propos-
al is consistent and compatible with existing California and federal laws and regulations. The Department is the 
only state agency with the authority to regulate hydro-gen devices used for commercial purposes that dispense hydrogen as motor vehicle fuel. 
DISCLOSURES REGARDING THE 
PROPOSED ACTION 
The Department makes the following initial determinations: 
1) Mandate on local agencies and school districts: 
None. 
2) Cost to any local agency or school district 
requiring reimbursement pursuant to Government 
Code §§ 17500 et seq.: None. 
3) Fiscal impact on public agencies including 
costs/savings to state agencies: None. 
4) Any other non−discretionary costs/savings 
imposed upon local agencies: None. 
5) Costs/savings in federal funding to the state: 
None. 
6) Significant ef fect on housing costs: None. 
The Department concludes the proposed regulation 
will not have a significant statewide adverse economic 
impact directly affecting California businesses, includ-
ing the ability of California businesses to compete with businesses in other states. 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 
RESULTS OF ECONOMIC IMPACT 
ASSESSMENT/ANALYSIS 
Removing two outdated accuracy classes and adopt-
ing the uniform national standard accuracy class will 
not incur additional financial costs or savings to a busi-ness to reasonably comply with this proposed regula-
tion. Businesses that manufacture hydrogen gas− 
measuring devices do not need to change business pro-cedures or acquire additional equipment to comply. 
The Department initially concludes that the proposed 
regulation: (1) is unlikely to create or eliminate jobs in 
California; (2) is unlikely to create or eliminate existing 
businesses in California; and (3) is unlikely to affect the 
expansion of businesses currently doing business in 
California. 
Anticipated Benefits of the Pr oposed Regulation 
This proposed regulation supports the Governor’s 
goals to increase the number of zero−emission vehicles 
(ZEV) operating on state highways, reduces depen-
dence on petroleum−sourced fuels, and decreases Cali-
fornia’s carbon footprint. The proposed regulation both 
supports the growth of the ZEV market and facilitates 
the development of a hydrogen fueling infrastructure 
having nationally standardized hydrogen fueling de-vices — two paramount factors positively influencing California’s long−term transportation mitigation 
strategy. 
The California Air Resources Board’s Greenhouse 
Gas Emission Inventory website reports that the trans-portation sector is the biggest contributor (41%) to Cali-
fornia’s greenhouse gas emissions. Vehicle emissions 
are a primary source of atmospheric particulate matter, air toxins, and smog−forming chemicals in California’s 
air. Conversely, hydrogen fuel cell vehicles emit only 
water vapor . Cleaner air in the state potentially reduces 
medical risks associated with vehicular emissions. 
COST IMPACTS ON REPRESENTATIVE 
PRIV ATE PERSONS OR BUSINESSES, 
INCLUDING SMALL BUSINESSES 
The Department is not aware of any cost impacts that 
a representative private person or business would nec-essarily incur in reasonable compliance with the pro-
posed action. Moreover, the Department is not aware of 
any small businesses involved in the hydrogen gas− 
measuring device manufacturing industry. Since busi-nesses in the state only manufacture and install hydro-
gen gas−measuring devices having accuracy class (5.0) 
and (10.0), removing accuracy classes (2.0) and (3.0) and adding accuracy class (7.0) to regulation does not impose additional economic impacts. CONSIDERATION OF ALTERNATIVES 
Government Code § 1 1346.5 (a)(13) requires that the 
Department must determine that no reasonable alterna-
tive it considered or that has otherwise been identified 
and brought to its attention would be more effective in 
carrying out the purpose for which the action is pro-posed, would be as ef fective and less burdensome to af-
fected private persons than the proposed action, or 
would be more cost ef fective to af fected private persons 
and equally effective in implementing the statutory pol-
icy or other provision of law. The Department invites interested persons to present statements or arguments 
with respect to alternatives to the proposed regulation during the written comment period or public hearing, if 
one is scheduled. 
CONTACT PERSONS 
Primary Contact: 
California Department of Food and Agriculture 
Division of Measurement Standards 
Samuel Ferris Senior Environmental Scientist (Specialist) 
6790 Florin Perkins Road, Suite 100 
Sacramento, CA 95828−1812 Main: (916) 229−3000 Fax: (916) 229−3055 
Email: dms@cdfa.ca.gov 
Secondary Contact: 
California Department of Food and Agriculture Division of Measurement Standards 
Kevin Schnepp Environmental Program Manager I 6790 Florin Perkins Road, Suite 100 
Sacramento, CA 95828−1812 
Main: (916) 229−3000 Fax: (916) 229−3055 Email: dms@cdfa.ca.gov 
A V AILABILITY OF THE RULEMAKING FILE 
The Department will have the entire rulemaking file 
available for inspection and copying throughout the rulemaking process by request to the contact(s) above. 
As of the date this notice is published in the Notice Reg-
ister, the rulemaking file con sists of this notice, the pro-
posed text (the “express terms”) of the regulation, the Initial Statement of Reasons, and all the supporting doc-
uments and information relied upon in the development 
of this proposed regulation. 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 22-Z 
A V AILABILITY OF 
CHANGED OR MODIFIED TEXT 
After receiving and considering all timely and rele-
vant comments, the Department may adopt the pro-
posed regulation substantially as described in this no-
tice. If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indi-
cated) available to the public for at least 15 days before the Department adopts the revised regulation. Requests for copies of any modified regulation can be made by 
emailing dms@cdfa.ca.gov  or calling (916) 229−3000. 
Please include ‘Hydrogen Device Rulemaking’ in the 
subject line of any letter, fax, or email regarding this rulemaking. The Department will accept written com-
ments on the modified text of the regulation for 15 days 
after the date it is made available. 
A V AILABILITY OF THE 
FINAL STATEMENT OF REASONS 
Upon its completion, a copy of the Final Statement of 
Reasons may be obtained by contacting the Department 
by email at dms@cdfa.ca.gov or calling (916) 
229−3000. 
A V AILABILITY OF DOCUMENTS ON THE 
INTERNET 
Electronic copies of the Notice of Proposed Rule-
making, the Initial Statement of Reasons, and the pro-
posed text of the regulation in underline and strikeout 
will be posted at www.cdfa.ca.gov/dms/regulations. 
html by the Division of Measurement Standards. 
TITLE 5. EDUCATION AUDIT 
APPEALS PANEL 
Audits of K−12 Local Education Agencies 
Fiscal Y ear 2019−20 
The Education Audit Appeals Panel (EAAP) propos-
es to adopt an Audit Guide for Fiscal Year 2019−20 us-
ing the Guide’s incorporating regulation, after consid-ering all comments, objections, and recommendations 
regarding the proposed action. 
PUBLIC HEARING 
A public hearing regarding this proposal is not cur-
rently scheduled. Not later than 15 days prior to the 
close of the written comment period, any interested per-son, or his or her authorized representative, may make a 
written request for a public hearing pursuant to Govern-
ment Code section 1 1346.8, and a public hearing will be 
held. Requests for a public hearing should be addressed 
to Mary Kelly. 
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 closes Monday, July 15, 2019.  EAAP will consider 
only written comments received by that time. Written 
comments for EAAP’s consideration should be directed 
to: 
Mary Kelly, Executive Of ficer 
Education Audit Appeals Panel 770 L Street, Suite 1100 
Sacramento, CA 95814 
Fax: (916) 445−7626 
e−mail: mkelly@eaap.ca.gov 
AUTHORITY AND REFERENCE 
Authority cited: Sections 14501, 14502.1, 14503 and 
41024, California Constitution. Article XIII, Section 
36, subdiv. (e), subpara 7, and Article XIIIA, Section 1, subdiv. (b), subparas 3(C) and 3(D). Reference: Refer-ence: California Constitution Article XIIIB, Section 
1.5; and Sections 2574(b)(3)(C), 8482.3(f)(5), 14501, 
14502.1, 14503, 14509, 15286, 41024, 42238.02(b)(3)(B), 47612.5, 47634.2 and 48000, Edu-
cation Code. 
INFORMATIVE DIGEST/POLICY STATEMENT 
OVERVIEW 
This rulemaking amends title 5, California Code of 
Regulations, section 19810 to clarify the incorporation by reference language and make reference to the audit guide. It also adopts the audit guide for 2019−20, which 
makes clarifying revisions and addresses legislative 
changes in the conditions of apportionment of school 
funding. 
This rulemaking meets the requirements of Educa-
tion Code section 14502.1, which mandates that an an -
nual audit guide be adopted by the EAAP. The purpose of the audit guide is to define terms and specify proce-dures to guide accountants in the conduct of statutorily 
required financial and compliance audits of K−12 local 
education agencies. The Controller, pursuant to Educa-tion Code section 14502.1, has proposed changes from the previous year’s audit guide to be reflected in the 
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