CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 1-Z
 18described in this notice. If modifications are made that
are sufficiently related to the originally proposed text,the modified text, with the changes clearly indicated,
will be made available to the public for at least 15 days
prior to the date on which the Commission adopts the
rule amendments. Requests for copies of any modified
rule amendments should be sent to the attention ofJudge Bemesderfer at either of the addresses indicated
above. The Commission will accept written comments
on the modified regulations, if any, for 15 days after thedate on which the modifications are made.
TITLE 24. BUILDING STANDARDS
COMMISSION
NOTICE OF PROPOSED ACTION 
TO
BUILDING STANDARDS
OF THE
OFFICE OF STATEWIDE HEALTH PLANNING
AND DEVELOPMENT
 
REGARDING THE CALIFORNIA
PLUMBING CODE 
CALIFORNIA CODE OF REGULATIONS,
TITLE 24, PART 5
OSHPD EF 02/15
Notice is hereby given that the California Building
Standards Commission (CBSC) on behalf of the Office
of Statewide Health Planning and Development
(OSHPD) proposes to adopt, approve, codify, and pub-
lish changes to building standards contained in theCalifornia Code of Regulations (CCR), Title 24, Part 5.
The OSHPD is proposing building standards related to
water–conserving flow rates for water closets and
urinals.
PUBLIC COMMENT PERIOD
(Government Code Section 11346.5(a)(17))
A public hearing has not been scheduled; however,
written comments will be accepted from January 1,
2016, until 5:00 p.m. on February 15, 2016. Please
address your comments to:
California Building Standards Commission
2525 Natomas Park Drive, Suite 130 Sacramento, CA 95833
Attention: Michael L. Nearman,
Acting Executive DirectorWritten comments may be e–mailed to CBSC@dgs.
ca.gov .
Any interested person or his or her duly authorized
representative may request, no later than 15 days prior
to the close of the written comment period that a publichearing be held.
The public will have an opportunity to provide both
written and/or oral comments regarding the proposedaction on building standards at a public meeting to beconducted by the California Building Standards Com-mission to be scheduled at a date near the end of the cur-rent adoption cycle. A meeting notice will be issued an-nouncing the date, time and location of the publicmeeting.
POST–HEARING MODIFICATIONS TO THE
TEXT OF THE REGULATIONS
(Government Code Section 11346.5(a)(18)),
(Government Code Section 11346.8(c))
Following the public comment period, the CBSC
may adopt the proposed building standards substantial-ly as proposed in this notice or with modifications thatare sufficiently related to the original proposed text andnotice of proposed changes. If modifications are made,the full text of the proposed modifications, clearly indi-cated, will be made available to the public for at least 15days prior to the date on which the CBSC adopts,amends, or repeals the regulation(s). CBSC will acceptwritten comments on the modified building standardsduring the 15–day period.
NOTE: To be notified of any modifications, you
must submit written/oral comments or request thatyou be notified of any modifications.
AUTHORITY AND REFERENCE
(Government Code Section 11346.5(a)(2))
The California Building Standards Commission pro-
poses to adopt these building standards under the au-thority granted by Health and Safety Code Section18949.3. The purpose of these building standards is toimplement, interpret, and make specific the provisionsof Health and Safety Code Sections 1226, 1275, and129790. The OSHPD is proposing this regulatory ac-tion based on Health and Safety Sections 1226, 1275,129790 and 129850; Government Code Section11152.5; and Section 30, Governor’s Executive OrderNo. B–29–15 (April 1, 2015).CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 1-Z
 19INFORMATIVE DIGEST
Summary of Existing Laws 
/C0068 Health and Safety Code Section 1226 authorizes
the Office to prescribe, in consultation with theCommunity Clinics Advisory Committee,
minimum building standards for the physical plant
of clinics, for adoption in the California Building
Standards Code.
/C0068 Health and Safety Code Section 1275 authorizesthe Office to adopt and enforce building standards
for the physical plant of health facilities includinghospitals, skilled nursing facilities and
correctional treatment centers.
/C0068 Health and Safety Code Section 129790authorizes the Office to propose building
standards for correctional treatment centers in
cooperation with the Department of Corrections,
Board of Corrections and Department of YouthAuthority.
/C0068 Government Code Section 11152.5 authorizes astate department to adopt regulations pursuant to
the Government Code. Regulations are building
standards must be adopted pursuant to State
Building Standards Law of the Health and Safety
Code (commencing with 18901).
Summary of Existing Regulations 
Title 24, Part 5, 2013 California Plumbing Code, is
based on the 2012 Uniform Plumbing Code (model
code) with California amendments. The code contains
plumbing system requirements for the design andconstruction of hospitals, skilled nursing facilities, li-
censed clinics, and correctional treatment centers. Spe-
cifically, the California Plumbing Code contains water–
flow volume requirements for low–consumption and
water–saving toilets and urinals that are based on themodel code.
Summary of Effect
This proposed action will make modifications to the
2013 California Plumbing Code that reference ap-propriate standards pertaining to health facilities under
OSHPD jurisdiction, with amendments necessitating
immediate action to avoid serious harm to the public
peace, health, safety, and general welfare in response to
ongoing drought conditions and the subsequent State ofEmergency proclamations and Executive Order No.
B–29–15 issued by the Governor.
Comparable Federal Statute or Regulations 
This proposal is based on Title 20, California Code of
Regulations Appliance Efficiency Standards and will
provide consistency within the state regulations. There
is no Federal regulation related to this proposal.Policy Statement Overview
OSHPD is responsible for the development of regula-
tions regarding the physical plant for hospitals, skillednursing facilities, licensed clinics and correctional
treatment centers.
Evaluation of consistency
The proposed action is consistent and compatible
with existing state regulations. This proposed action
will align specified standards in Title 24 with those in
Title 20 and prevent incompatible/inconsistentregulations.
OTHER MATTERS PRESCRIBED BY STATUTE
APPLICABLE TO THE AGENCY OR TO ANY
SPECIFIC REGULATION OR CLASS
OF REGULATIONS
(Government Code Section 11346.5(a)(4))
The California Energy Commission develops and
maintains the Appliance Efficiency Regulations con-
tained within Sections 1601–1609 of Title 20, Califor-
nia Code of Regulations, which prohibit the sale or offer
for sale of specified noncompliant plumbing fixtures,
effective January 1, 2016. Additionally, the CaliforniaEnergy Code (Part 6, Title 24, California Code of Regu-
lations) states that any appliance regulated by the Ap-
pliance Efficiency Regulations, Title 20 California
Code of Regulations, Section 1601 et seq., may be
installed only if the appliance fully complies with Sec-tion 1608(a) of those regulations. In order to prevent a
conflict between Title 20 and Title 24, Part 5, California
Plumbing Code, OSHPD is proposing this building
standard regulation that will align the water–
consumption requirements for water closets and urinalsto those recently adopted by the California Energy
Commission in Title 20.
MANDATE ON LOCAL AGENCIES OR
SCHOOL DISTRICTS
(Government Code Section 11346.5(a)(5))
The OSHPD has determined that the proposed regu-
latory action would not impose a mandate on local
agencies or school districts.
ESTIMATE OF COST OR SA VINGS
A. Cost or Savings to any state agency: No.
B. Cost to any local agency required to be reimbursed
under Part 7 (commencing with Section 17500) ofDivision 4: No.
C. Cost to any school district required to be
reimbursed under Part 7 (commencing with
Section 17500) of Division 4: No.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 1-Z
 20D. Other nondiscretionary cost or savings imposed
on local agencies: No.
E. Cost or savings in federal funding to the state: No.
Estimate: None.
OSHPD has prepared an Economic and Fiscal Impact
Statement (Form 399) pertaining to the proposed action
that reflects no fiscal impact for items A through E
above. The proposed code change will prevent confu-
sion and provide consistency between Title 24 and Title
20 California Code of Regulations. There is no cost forcompliance with this proposed code change.
INITIAL DETERMINATION OF NO
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT ON BUSINESSES
The OSHPD has made an initial determination that
the adoption of this regulation will not have a signifi-
cant statewide adverse economic impact on businesses,
including the ability of California businesses to com-
pete with businesses in other states.
DECLARATION OF EVIDENCE
The proposed action makes a minor technical change
to Title 24 which provides code users with a reference to
specific plumbing fixture water–flow rates located inTitle 20. The proposed code change will prevent confu-
sion and provide consistency between Title 24 and Title
20 California Code of Regulations. There is no cost for
compliance with this proposed code change.
There are no other facts, documents, testimony or
additional evidence that OSHPD relied on to determine
that there will not be an adverse economic impact on
businesses in California and their ability to compete
with businesses in other states.
FINDING OF NECESSITY FOR THE PUBLIC’S
HEALTH, SAFETY , OR WELFARE
The OSHPD has made an assessment of this proposal
and has determined that the regulation does not require
a report pursuant to Government Code Section11346.3(d).
COST IMPACT ON REPRESENTATIVE PRIV ATE
PERSON OR BUSINESS
The OSHPD is not aware of any cost impacts that a
representative private person or business would neces-
sarily incur in reasonable compliance with the proposed
action.ASSESSMENT OF EFFECT OF REGULATIONS
UPON JOBS AND BUSINESS EXPANSION,
ELIMINATION OR CREATION
(Government Code Section 11346.5(a)(10),
Government Code Section 11346.3(b)(1))
The OSHPD has made an assessment as to whether or
not and to what extent this proposal will affect the fol-
lowing:
/C0068 The creation or elimination of jobs within theState of California. 
The proposed regulation will not create oreliminate jobs within California.
/C0068 The creation of new businesses or the
elimination of existing businesses within the
State of California.The proposed regulation will not create new
businesses or eliminate existing businesses within
California.
/C0068 The expansion of businesses currently doingbusiness with the State of California.
The proposed regulation will not cause expansion
of businesses that are currently doing business inCalifornia.
/C0068 The benefits of the regulation to the health andwelfare of California residents, worker safety,
and the state’s environment.
OSHPD promulgates building standards
regarding the design and construction of licensed
health facilities to ensure the protection of thepublic’s health and safety in the facilities. The
proposed action is in response to the Governor’s
Executive Order No. B–29–15 proclaiming a State
of Emergency due to the severe drought conditions
throughout California.
ESTIMATED COST OF COMPLIANCE OF
STANDARDS THAT WOULD IMPACT HOUSING
The OSHPD has determined that the proposed regu-
lation would not have a cost impact on housing.
CONSIDERATION OF ALTERNATIVES
(Government Code Section 11346.5(a)(13))
The OSHPD must determine that no reasonable alter-
native considered by the state agency or that has other-wise been identified and brought to the attention of the
agency would be more effective in carrying out the pur-
pose for which the action is proposed or would be as ef-
fective and less burdensome to affected private persons
than the proposed action, or would be more cost–effective to affected private persons and equally effec-
tive in implementing the statutory policy or other provi-
sions of law.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 1-Z
 21A V AILABILITY OF
RULEMAKING DOCUMENTS
(Government Code Section 11346.5(a)(20)),
(Government Code Section 11346.5(a)(19))
All of the information upon which the proposed regu-
lations are based is contained in the rulemaking file,
which is available for public review by contacting the
person named below. This notice, the express terms andinitial statement of reasons can be accessed from the
California Building Standards Commission website:
http://www.bsc.ca.gov/
Interested parties may obtain a copy of the final state-
ment of reasons, once it has been prepared, by making a
written request to the contact person named below or at
the California Building Standards Commissionwebsite.
Government Code Section 11346.5(a)(21) states that
OSHPD shall provide, upon request, a description ofproposed changes included in the proposed action, in
the manner provided by Section 11346.6, to accommo-
date a person with a visual or other disability for which
effective communication is required under state or fed-
eral law and that providing the description of proposedchanges may require extending the period of public
comment for the proposed action.
CBSC CONTACT PERSON FOR PROCEDURAL
AND ADMINISTRATIVE QUESTIONS
(Government Code Section 11346.5(a)(14))
General questions regarding procedural and adminis-
trative issues should be addressed to:
Michael L. Nearman, Acting Executive Director 
(916) 263–0916Michael.Nearman@dgs.ca.gov
Kevin Day, Staff Services Manager I (Specialist)
 (916) 263–0355
kevin.day@dgs.ca.gov 
Department of General Services/California
Building Standards Commission
2525 Natomas Park Drive, Suite 130 
Sacramento, CA 95833 
Telephone No.: (916) 263–0916PROPOSING STATE AGENCY CONTACT
PERSON FOR SUBSTANTIVE AND/OR
TECHNICAL QUESTIONS ON THE PROPOSED
CHANGES TO BUILDING STANDARDS
Specific questions regarding the substantive and/or
technical aspects of the proposed changes to the build-ing standards should be addressed to:
Glenn S.A. Gall, Supervisor, Building
Standards Unit
Office of Statewide Health Planning and
Development 
Telephone: (916) 440–8300 
E–mail: regsunit@oshpd.ca.gov 
FAX: (916) 324–9188
GENERAL PUBLIC INTEREST
DEPARTMENT OF HEALTH CARE
SERVICES
THE DEPARTMENT OF HEALTH CARE
SERVICES WILL INCLUDE ALL MEDICAID
ELIGIBLES UNDER THE AGE OF 22 FOR
TARGETED CASE MANAGEMENT (TCM)
SERVICES UNDER THE LOCAL
EDUCATIONAL AGENCY (LEA) MEDI–CAL
BILLING OPTION PROGRAM
This notice is to provide information of public inter-
est with respect to the proposed State Plan Amendment(SPA) 16–001 for the Local Educational Agency (LEA)
Medi–Cal Billing Option Program to provide Targeted
Case Management (TCM) services to all Medicaid–
eligible beneficiaries under the age of 22, regardless of
whether the individual has an Individualized EducationPlan (IEP) or Individualized Family Service Plan
(IFSP).
Senate Bill 276, Chapter 653, Statutes of 2015,
amended Welfare and Institutions Code 14132.06 and
requires, among other provisions, the Department toseek federal financial participation for covered services
that are provided by an LEA to a child who is an eligible
Medicaid beneficiary regardless of whether the child
has an IEP or IFSP.
PUBLIC REVIEW AND COMMENTS
Copies of this public notice will be available at wel-
fare offices in every county of the State.
Copies of the State Plan Amendment that amends
California’s Medicaid State Plan may be requested, in