CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 26-Z
 1054A V AILABILITY OF FINAL STATEMENT
OF REASONS
Requests for copies of the final statement of reasons,
which will be made available after the Board has adopt-
ed the proposed regulation in its current or modifiedform, should be sent to the attention of Laurel Houle at
the address stated above.
BOARD WEB ACCESS
The Board will have the entire rulemaking file avail-
able for inspection throughout the rulemaking processat its web site. The rulemaking file consists of the no-tice, the proposed text of the regulation and the initial
statement of reasons. The Board’s web site address is:
www.chrb.ca.gov.
TITLE 4. DEPARTMENT OF FOOD
AND AGRICULTURE
The Department of Food and Agriculture (Depart-
ment) proposes to promulgate regulations contained inthe California Code of Regulations (CCR), Title 4, Di-
vision 9 for the retail sale of natural gas motor vehicle
fuels in California.
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 daysprior 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. Com-ments may be submitted by mail, FAX or email. The
written comment period closes at 5:00 p.m. August 8,
2016. The Department will consider only comments re-
ceived at the Department offices by that time. Submitcomments to:
Pamela Fitch
Senior Environmental Scientist (Specialist) Department of Food and Agriculture 
6790 Florin Perkins Road Suite 100 
Sacramento, CA 95828Pamela.fitch@cdfa.ca.gov
 
(916) 229−3026 (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 atthe instance of any interested person, may adopt the
proposal substantially as set forth without further
notice.
AUTHORITY and REFERENCE
Pursuant to the authority vested by §§ 12027, 12107,
13404.5, 13440, and 13446 of the Business and Profes-
sions Code (BPC), and to implement, interpret, or make
specific §§ 13400(b)(9), 13400(c), 13400(g),13400(p), 13400(t), 13413(a), 13413(b)(1), 13440,13591, 13592 and 13595(a) of the BPC, the Department
is proposing to make changes to Title 4, Division 9,
Chapters 1, 6, and 7 of the CCR.
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Summary of Existing Laws
BPC, Division 5, § 12027 provides that the Secretary
of the Department of Food and Agriculture may makesuch rules and regulations as are reasonably necessaryfor the purpose of carrying out the provisions of the
division.
BPC, Division 5, § 12107 provides for the Secretary
to establish tolerances and specifications and othertechnical requirements for commercial weighing and
measuring devices. The latest requirements in the Na-
tional Institute of Standards and Technology (NIST)Handbook 44 ‘‘Specifications, Tolerances, and other
Technical Requirements for Weighing and Measuring
Devices” are adopted by reference unless specifically
modified, am ended, or rejected by regulation.
BPC, Division 5, § 13404.5 provides for the Secre-
tary to establish the method of sale of motor vehicle fu-
els and lubricants sold at retail to the public. The latestmethod of sale requirements for motor vehicle fuels and
lubricants published in the National Institute of Stan-
dards and Technology Handbook 130 “ Uniform Laws
and Regulations in the Areas of Legal Metrology andEngine Fuel Quality” are adopted by reference except
as specifically provided by the Legislature or modified,
amended, or rejected by regulations adopted by the
Secretary.
BPC, Division 5, § 13440 provides for the Depart-
ment to establish specifications for automotive spark−
ignition engine fuels. The Department shall adopt byreference the latest standards established by a recog-nized consensus or ganization or standards writing orga-
nization such as ASTM International or SAE Interna-
tional, for automotive spark−ignition engine fuel, ex-cept that no specification shall be less stringent than re-
quired by any California state law.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 26-Z
 1055BPC, Division 5, § 13446 provides for the Depart-
ment to establish interim specifications for alternative
fuel for use in motor vehicles until a standards develop-
ment or ganization accredited by the American National
Standards Institute (ANSI) formally adopts a standard
for the fuel for use in motor vehicles. The Departmentshall then adopt, by reference, the latest standard estab-
lished by the ANSI−accredited standards development
organization for alternative fuel, except that no specifi-
cation shall be less stringent than required by any Cali-
fornia state law.
BPC, Division 5, § 13404 was amended as a result of
Assembly Bill 1907 (Ridley−Thomas, Chapter 805,
Statutes of 2014) to provide a unit of measure for natu-
ral gas sold as a motor fuel to the public: compressed
natural gas shall be sold in a gasoline gallon equivalent
equal to 5.66 pounds and liquefied natural gas shall besold in a diesel gallon equivalent equal to 6.06 pounds.
Summary of Existing Regulations
CCR, T itle 4, Division 9, Chapter 1 contains the toler-
ances and specifications for commercial weighing andmeasuring devices, including those adopted by refer-
ence from NIST Handbook 44, and any exceptions and
additions. CCR, Title 4, Division 9, Chapter 6 contains
definitions and specifications for automotive products,including fuels and lubricants. CCR, Title 4, Division 9,
Chapter 7 contains advertising and dispenser labeling
requirements for motor vehicle fuels.
Summary of Ef fect
The Department proposes to effect and add sections
to CCR, Title 4, Division 9, Chapter 1 to conform withthe gasoline gallon equivalent and diesel gallon equiva-
lent units adopted as a result of Assembly Bill 1907
(Ridley−Thomas, Chapter 805, Statutes of 2014).
The Department proposes to add sections to CCR, Ti-
tle 4, Division 9, Chapter 6 to define terms and product
specifications for natural gas as a motor vehicle fuel.
The Department proposes to add sections to CCR, Ti-
tle 4, Division 9, Chapter 7 to provide labeling and pricesign advertising requirements for natural gas sold as a
motor vehicle fuel.
Anticipated Benefits of the Proposed Regulations
The proposed regulation will protect consumers and
businesses and assist with California’s climate change
goals to reduce petroleum consumption, greenhousegas emissions, and local air pollution. Defining the le-
gal requirements for fuel quality and advertising for
natural gas sold as a motor vehicle fuel will ensure that
consumers can make value comparisons before pur-chase and between competing retail service stations.
Specifying the unit of measure for compressed natural
gas (CNG) and liquefied natural gas (LNG) sold at retailwill provide for accurate delivery of a full measure.Positive consumer experiences with high−quality natu-ral gas vehicle fuel may result in a greater awareness
and acceptance of alternative fuels and alternative fuel
vehicles in general.
Consistency and Compatibility with Existing State
Regulations
The Department has evaluated this proposal and be-
lieves that it is not inconsistent nor incompatible with
existing state regulations. The Department is the only
state agency with the authority to adopt motor vehiclefuel quality, labeling, and advertising requirements.The California Public Utilities Commission (CPUC)
has authority over the composition, quality, and distri-
bution of natural gas in the state’s pipeline network.Since the proposed regulations deal only with natural
gas dispensed for retail sale as a motor vehicle fuel, they
are not in conflict with any CPUC regulations.
In 1992, the California Air Resources Board (CARB)
adopted prescriptive quality specifications for CNG
and LNG motor vehicle fuels in CCR, T itle 13, Division
3, Chapter 5, Article 3, Subarticle 1 §§ 2292.5. and2292.6. These specifications were aimed at limitingtoxic tailpipe emissions such as nitrogen oxides pro-
duced by the combustion of natural gas fuels. CARB at-
tempted to revise its regulation in 2010, but instead is-sued waivers to all fuel producers and retailers who
could not comply with the requirements. These waivers
remain in effect and CARB has not revisited specifica-
tions for natural gas fuels since 2010. The Department’s
proposed regulation is performance−based and has
been developed to be compatible with any public
health−based prescriptive regulations CARB may
adopt in the future.
Consistency and Compatibility with Existing Federal
Regulations
The Department has determined that this proposed
regulation is not inconsistent or incompatible with ex-
isting federal regulations. The proposed regulation isnot mandated by federal law or regulation. The FederalTrade Commission (FTC) has adopted regulations for
the labeling of alternative motor vehicle fuels, includ-
ing CNG and LNG in 16 CFR 306 “Automotive FuelRatings, Certification and Posting” and 16 CFR 309“Labeling Requirements for Alternative Fuels and Al-
ternative Fueled Vehicles.” FTC 16 CFR 309 requires
that natural gas fuel dispensers be labeled with the mini-
mum percent methane of the fuel. The proposed regula-
tion does not mandate a specific minimum percentage
or range of percentages for methane content in naturalgas fuel, and so does not conflict with FTC 16 CFR 309.
Comparable Federal Regulations: The United States
is unique in that it is the only major country in the world
with no national weights and measures program. Theresponsibility of enforcing weights and measures lawsis vested in each individual state when it adopts, modi-CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 26-Z
 1056fies, rejects, or amends the model laws, regulations, tol-
erances and specifications published by the U.S. De-
partment of Commerce in the NIST Handbooks.
DISCLOSURES REGARDING THE
PROPOSED ACTION
The Department has made the following initial
determinations:
Mandate on local agencies and school districts: None.
Significant ef fect on housing costs: None.
Fiscal Impact on Public Agencies Including Costs or
Savings to State Agencies or Costs/Savings in FederalFunding to the State: None.
Nondiscretionary Costs/Savings to Local Agencies:
None.
Costs to Any Local Agency or School District for
Which Government Code Sections 17500 et seq. Re-
quire Reimbursement: None.
Other nondiscretionary costs or savings imposed on
local agencies: None.
Impact on Jobs/New Businesses: The Department es-
timates that between one and ten new businesses in the
commercial measuring device repair and engine me-chanics sectors could be created as a result of increasing
use of CNG and LNG fuels. These new business oppor-
tunities could add between 10 and 100 new jobs.
Cost Impacts on Representative Private Persons or
Businesses: The Department is not aware of any cost
impacts that a representative private person or business
would necessarily incur in reasonable compliance with
the proposed action.
Business Impact: The Department is aware of only
five retail CNG stations located in limited service areas
that may be impacted by the fuel quality specificationsin the proposed regulation. Two are owned and operated
by Southern California Gas Company, one by Clean En-
ergy, one by W aste Management and one by Revolution
CNG. These are large companies who the Departmentbelieves possess the necessary resources to absorb any
additional compliance costs associated with the adop-
tion of proposed specifications and labeling re-quirements.
Effect on Small Businesses: The Department’s pro-
posal may affect small businesses. These entities willincur minimal costs to comply with the proposed dis-penser labeling requirements.
RESULTS OF ECONOMIC IMPACT
ASSESSMENT/ANALYSIS
The Department concludes that the proposed regula-
tion: (1) is unlikely to eliminate any jobs for natural gasmotor vehicle fuel retailers; (2) may create new jobs
within California; (3) may create new businesses within
California; (4) may affect the expansion of businesseswithin California; and (5) is unlikely to eliminate any
existing businesses.
The Department has initially determined that the pro-
posed regulation would not have a significant adverseeconomic impact directly affecting businesses includ-
ing the ability of California businesses to compete with
businesses in other states. The retail sale of natural gas
motor vehicle fuel is a localized economic activity andcurrently, there are relatively few retailers that sell natu-
ral gas to the public.
The Department has determined that the proposed
regulation will likely have a positive effect on existing
small business by creating new business opportunities.
Existing fuel retailers in California could choose to ex-
pand their operations to include sales of natural gas.This in turn could lead to job creation or expansion in
California for registered service agencies (RSA) that in-
stall, repair, and maintain the fuel dispensers and vehi-cle mechanics who repair and maintain natural gas en-gines. The Department estimates that between 1 and 10
new businesses in the RSA and mechanics sectors could
be created as a result of increased sales of natural gas fu-els. These new businesses could add between 10 and100 new jobs.
Benefits of the Proposed Regulations: The proposed
regulation will protect consumers and businesses, andassist with California’s climate change goals to reduce
petroleum consumption, greenhouse gas emissions,
and local air pollution. Defining the legal requirementsfor fuel quality and advertising for natural gas sold as amotor vehicle fuel will ensure that consumers can make
value comparisons before purchase and between com-
peting retail service stations. Specifying the unit of
measure for CNG and LNG sold at retail will provide an
accurate delivery of a full measure. Positive consumer
experiences with high−quality natural gas vehicle fuel
may result in a greater awareness and acceptance of al-ternative fuels and alternative fuel vehicles in general.
CONSIDERATION OF ALTERNATIVES
The Department must determine that no reasonable
alternative it considered or that has otherwise been
identified would be more effective in carrying out the
purpose for which the action is proposed. In addition,the Department has determined that no reasonable alter-
native would be as ef fective as or less burdensome to af-
fected private persons than the proposed action, or
would be more cost−effective to affected private per-sons and equally effective in implementing the statuto-ry policy or other provision of law.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 26-Z
 1057CONTACT PERSONS
Inquiries about this notice may be directed to:
Pamela Fitch, Senior Environmental Scientist 
(Specialist) 
California Department of Food and AgricultureDivision of Measurement Standards
6790 Florin−Perkins Road, Suite 100 
Sacramento, CA 95828−1812FAX: (916) 229−3026
Email: dms@cdfa.ca.gov
The backup contact person is:
Allan Morrison, Senior Environmental Scientist
(Supervisor) 
California Department of Food and Agriculture
Division of Measurement Standards
6790 Florin−Perkins Road, Suite 100 Sacramento, CA 95828−1812FAX: (916) 229−3026
Email: dms@cdfa.ca.gov
A V AILABILITY OF STATEMENT OF REASONS
AND TEXT OF PROPOSED REGULATIONS
The Department has prepared an initial statement of
reasons for the proposed action, has available all the in-
formation upon which its proposal is based, and hasavailable the express terms of the proposed action. A
copy of the statement of reasons, and the proposed regu-
lations in strikeout and underline form may be obtained
upon request. The rulemaking file and all information
on which the proposal is based are located at the Divi-
sion of Measurement Standards, 6790 Florin−PerkinsRoad, Suite 100, Sacramento, California 95828, andmay be obtained upon request. Additionally, all docu-
ments relating to this rulemaking file are available on
the Department’s web site located atwww.cdfa.ca.gov/dms
.
Following the written comment period, the Depart-
ment will adopt the proposal substantially as set forth
above without further notice. If the regulations adopted
by the Department differ from, but are suf ficiently relat-
ed to, the action proposed will be available to the public
for at least 15 days prior to the date of adoption. Any in-terested person may obtain a copy of said regulationsprior to the date of adoption by contacting the agency
officer named herein.
A Final Statement of Reasons, when available, may
be obtained by contacting Kevin Schnepp, Environ-mental Program Manager, Fuels and Lubricants Labo-ratory, Division of Measurement Standards at (916)
229−3000.
Website Access:
 Materials regarding this proposal
can be found by accessing the following Internet ad-
dress: www.cdfa.ca.gov/dms/regulations.html .
TITLE 10. BUREAU OF
REAL ESTATE APPRAISERS
NOTICE IS HEREBY GIVEN that the Bureau of Re-
al Estate Appraisers (“Bureau” or “BREA”) is propos-ing to take the action described in the informative digest
below. Any interested person may present statements or
arguments relevant to the action proposed, orally or inwriting, at a hearing to be held at:
Department of Consumer Af fairs
1747 North Market Blvd.1
st Floor Hearing Room 
Sacramento, CA 95834
Date: August 10, 2016
Time: 12:30 p.m.
Written comments including those sent by mail, fac-
simile, or email to the address listed under “Contact
Person ” in this Notice, must be received by the Bureau
at its of fice not later than 5:00 p.m. on August 9, 2016 or
must be received by the Bureau at the hearing.
The Bureau, upon its own motion or at the instance of
any interested party, may thereafter adopt the proposals
substantially as described below or may modify such
proposals if such modifications are sufficiently relatedto the original text. With the exception of technical orgrammatical changes, the full text of any modified pro-
posal will be available for 15 days prior to its adoption
from the person designated in this Notice as contact per-
son and will be mailed to those persons who submit
written or oral testimony related to this proposal or who
have requested notification of any changes to theproposal.
Authority and Reference:
 Pursuant to the authority
vested by Sections 11313, 11314, and 11340 Business
and Professions Code and to implement, interpret andmake specific Sections 11340, 11345.4, 11345.45, and11345.6 Business and Professions Code, the Bureau is
considering revising sections 3570, 3542, and 3577 to
Title 10 of the California Code of Regulations as de-scribed in this Notice.
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Currently, section 3570 allows for 90 days to process
a temporary practice permit (TPP). Federal law requires