CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
28and strengthen needy families and there are no known 
expected costs associated to the individuals.
SMALL BUSINESS IMPACT STATEMENT
C D S S has determined that there is no impact 
on small businesses because these regulations are only applicable to state and county agencies. These regulations are mandated by S B 80 and are only applicable to CalWORKs applicants and recipients; therefore, they do not have a cost impact on the private sector, including small businesses.
STATEMENT OF RESULTS OF 
ECONOMIC IMPACT ASSESSMENT
The adoption of the proposed amendments will 
neither create nor eliminate jobs in the State of California nor result in the elimination of existing businesses or create or expand businesses in the State of California. The implementation of this regulatory action will benefit CalWORKs applicants and recipients. There are no additional benefits for worker safety or the state’s environment, as the regulations 
only affect individuals receiving or applying for 
CalWORKs benefits.
STATEMENT OF EFFECT ON  
HOUSING COSTS
The proposed regulatory action will have no effect 
on housing costs.
STATEMENT OF  
ALTERNATIVES CONSIDERED
In developing the regulatory action, C D S S did not 
consider alternatives because regulations for Welfare and Institutions Code (WIC) sections 11155, 11265.3, and 11451.5 are required by S B 80, Sections 34, 41, 42, 59 and 60. C D S S is legally bound to develop 
regulations for this WIC section.
C D S S must determine that no reasonable alternative 
considered or that has otherwise been identified and 
brought to the attention of C D S S would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.AUTHORITY AND REFERENCE CITATIONS
Welfare and Institutions Code sections 10553, 
10554, 10604, 11265, 11450, 11451, 11155, and 18900; S B 80 (Chapter 27, Statues of 2019); 34 C F R VI.
EMERGENCY STATEMENT
These regulations are to be adopted on an emergency 
basis. To allow interested persons an opportunity to submit statements or arguments concerning these regulations noticed to the public for a minimum of 45 days in accordance with Government Code Section 
11346.4.
TITLE 27.  OF FICE OF 
ENVIRONMENTAL HEALTH  
HAZARD ASSESSMENT
SAFE DRINKING WATER AND TOXIC 
ENFORCEMENT ACT OF 1986 
PROPOSITION 65  
 
PROPOSED AMENDMENTS TO ARTICLE 6 
CLEAR AND REASONABLE WARNINGS
NOTICE IS HEREBY GIVEN that the Office of 
Environmental Health Hazard Assessment (O E H H A) 
proposes to amend certain sections of Article 6 of Title 27 of the California Code of Regulations.
1 
O E H H A adopted new Article 6 Clear and Reasonable Warnings regulations in August 2016, which became operative in August 2018. The Article 6 regulations adopted safe harbor warning methods and content for consumer product exposures that included provisions 
for a short–form warning. However, there has been 
widespread use of short–form warnings in ways that were not intended and do not further the purposes of Proposition 65. O E H H A has also received numerous inquiries from businesses seeking clarification as to whether the short–form warning could be used to provide safe harbor warnings for food products, and for additional guidance on the safe harbor warning content for short–form food warnings. O E H H A has therefore determined that further amendments of certain sections of Article 6 are necessary. This rulemaking 
includes amendments to Section 25601, Safe Harbor 
Clear and Reasonable Warnings — Method and Content; Section 25602, Consumer Product Exposure Warnings — Methods of Transmission; Section 25603, Consumer Product Exposure Warnings — Content; 
1 All further references are to sections of Title 27, Cal. Code of 
Regs., unless indicated otherwise.CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
29and Section 25607.1 Food Exposure Warnings — 
Methods of Transmission.
PUBLIC PROCEEDINGS
Written Comment Period
Any written comments concerning this proposed 
regulatory action, regardless of the form or method of transmission, must be received by O E H H A no later than March 8, 2021, the designated close of the written 
comment period. Due to the COVID–19 emergency, 
O E H H A is providing a longer period than required under the Administrative Procedure Act. All written comments will be posted on the O E H H A website at the close of the public comment period.
Because of limited in–office staffing during 
the COVID–19 emergency, O E H H A strongly recommends that the public submit written information electronically, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments . Comments submitted 
in paper form can be mailed, faxed, or delivered in person to the address below, but delays may occur if staff are unable to timely access them.
All non–electronic submissions should be directed 
to:
Monet Vela  
Office of Environmental Health Hazard 
 Assessment  
1001 I Street, 23rd Floor  
P. O. Box 4010 Sacramento, California 95812–4010  
Telephone: 916–323–2517  
Fax: 916–323–2610
O E H H A is subject to the California Public Records 
Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and e–mail may be available to third parties.
Public Hearing
A public hearing on these proposed regulatory 
amendments will only be scheduled upon request. The 
hearing would be web–based due to the COVID–19 
emergency
2. To request a hearing, send an e–mail 
to Monet Vela at monet.vela@oehha.ca.gov  or to the 
address listed above. The request must be received no later than February 22, 2021. If such a request is made, O E H H A will e–mail a notice of the hearing to the requester and interested parties, and the notice will be 
posted on O E H H A ’s website at least ten days before 
2 Executive Orders N–25–20 and N–29–20.the public hearing date. The notice will provide the 
date, time, and information for accessing the hearing.
CONTACT
Please direct inquiries concerning the proposed 
regulatory action described in this notice to Monet Vela at (916) 323–2517, or by e–mail to monet.vela@
oehha.ca.gov .
Mario Fernandez is a back–up contact person for 
inquiries concerning processing of this action and is available at (916) 323–2635 or mario.fernandez@
oehha.ca.gov .
AUTHORITY
Health and Safety Code section 25249.12.
REFERENCE
Health and Safety Code sections 25249.6, 25249.7 
and 25249.11(f).
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW  
 
BACKGROUND
O E H H A is the lead agency that implements 
Proposition 65
3 and has the authority to promulgate 
and amend regulations to further the purposes of the Act. The Act requires businesses to provide a clear and reasonable warning before they cause an exposure to a chemical listed as known to the state to cause cancer or reproductive toxicity.
4 The Act also prohibits the 
discharge of listed chem icals to sources of drinking 
water.5 The proposed amendments would revise the 
method of transmission and content of short–form warnings for consumer products. In addition, the proposed amendments would eliminate the use of 
short–form warnings for internet or catalog purchases.
SPECIFIC BENEFITS OF THE  
PROPOSED REGULATIONS
The proposed regulatory action will facilitate 
businesses’ compliance with the Act by providing 
clarifying guidance concerning the provision of safe 
3 Health and Safety Code section 25249.5 et seq., The Safe Drink -
ing Water and Toxic Enforcement Act of 1986, commonly known 
as “Proposition 65”. Hereafter referred to as “Proposition 65” or “the Act”.
4 Health and Safety Code section 25249.6.
5 Health and Safety Code section 25249.5.CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
30harbor warnings under Proposition 65. The health 
and welfare of California residents will likely benefit by increasing the public’s ability to understand the warnings they receive for certain consumer products they may choose to purchase.
NO INCONSISTENCY OR INCOMPATIBILITY 
WITH EXISTING REGULATIONS
O E H H A has conducted an evaluation and has 
determined that Article 6 is the only regulation concerning Proposition 65 warnings. Therefore, the proposed regulatory action is neither inconsistent nor incompatible with any other existing state regulations. The action does not change the existing mandatory requirements on businesses subject to Proposition 65, state or local agencies and does not address compliance with any other law or regulation.
LOCAL MANDATE/FISCAL IMPACT
Because Proposition 65 by its terms
6 does not apply 
to local agencies or school districts,  O E H H A has 
determined the proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to Part 7 (commencing with Section 17500) 
of Division 4 of the Government Code. O E H H A has 
also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action, nor will there be any costs or savings to the state or in federal funding to the state because of the proposed regulatory action.
EFFECT ON HOUSING COSTS
O E H H A has initially determined that the proposed 
regulatory action will have no effect on housing costs because it does not impose any new mandatory 
requirements on any business.
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY  
AFFECTING BUSINESS, INCLUDING 
ABILITY TO COMPETE
The proposed regulatory action provides compliance 
assistance to businesses subject to the Act by providing 
guidance concerning an existing regulation in that it specifies the method of transmitting and the content of safe harbor short–form warnings for consumer products including food products. The proposed 
action modifies an optional safe–harbor method that 
businesses may choose to use to provide the required 
6 See Health and Safety Code section 25249.11(b).warning. O E H H A has therefore made an initial determination that the adoption of this action will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.
RESULTS OF ECONOMIC IMPACT ANALYSIS 
(Gov. Code section 11346.3(b))
Creation or Elimination of Jobs within the State of California
The proposed regulatory action will not impact the 
creation or elimination of jobs within California. The action will conform the short–form warning provisions to the original stated intent that a short–form warning should only be used where, due to limited label space on a consumer product, a full–length warning will 
not fit. The action will also provide clarification and 
specificity regarding the use of short–form warnings for exposures to listed chemicals from food.
Creation of New Businesses or Elimination of 
Existing Businesses within the State of California
The proposed regulatory action will not impact 
the creation of new businesses or the elimination of existing businesses within California. The action will conform the short–form warning provisions to the original stated intent that a short–form warning should only be used where, due to limited label space on a consumer product, a full–length warning will not fit. The action will also provide clarification and specificity regarding the use of short–form warnings for exposures to listed chemicals from food.
The Expansion of Businesses Currently Doing 
Business within the State
O E H H A does not anticipate any major impact on 
the expansion of businesses currently doing business within the state. The action will conform the short–form warning provisions to the original stated intent that a short–form warning should only be used where, due to limited label space on a consumer product, a full–length warning will not fit. The action will also provide clarification and specificity regarding the 
use of short–form warnings for exposures to listed 
chemicals from food.
BENEFITS OF THE PROPOSED REGULATION
The proposed regulatory action will benefit 
the health and welfare of California residents by providing more meaningful information regarding their exposures to listed chemicals. The action will also provide clarification and specificity regarding the use of short–form warnings for exposures to listed chemicals from food. The action furthers the right–to–CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z
31know purposes of the statute and therefore promotes 
public and worker health and safety.
COST IMPACTS ON REPRESENTATIVE 
PERSON OR BUSINESS
O E H H A is not aware of any cost impacts that 
a representative private person or business would necessarily incur in reasonable compliance with the proposed regulatory action. The action does not impose any new requirements upon private persons or businesses. Instead, it modifies an existing, non–mandatory safe harbor warning method.
EFFECT ON SMALL BUSINESSES
The proposed regulatory action will not adversely 
impact very small businesses because Proposition 65 
is limited by its terms to businesses with 10 or more 
employees.
7
REASONABLE ALTERNATIVES TO  
THE REGULATION AND THE 
AGENCY’S REASONS FOR REJECTING 
THOSE ALTERNATIVES
Pursuant to Government Code section  
11346.5(a)(13), O E H H A must determine that no reasonable alternative considered by O E H H A, or that has otherwise been identified and brought to the attention of O E H H A, would be more effective in carrying out the purpose for which Proposition 65 is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
AVAILABILITY OF STATEMENT OF 
REASONS AND TEXT OF 
PROPOSED REGULATIONS
O E H H A has prepared and has available for 
public review an Initial Statement of Reasons for the proposed regulation, all the information upon which the regulation is based, and the text of the proposed regulation. These documents are available on O E H H A ’s website at www.oehha.ca.gov .
AVAILABILITY OF CHANGED OR  
MODIFIED TEXT
The full text of any proposed regulation that is 
changed or modified from the express terms of this 
7 Health and Safety Code section 25249.11(b).proposed action will be made available at least 15 days prior to the date on which O E H H A adopts the resulting regulation. Notice of the comment period on the revised proposed regulation and the full text will be mailed to individuals who testified or submitted oral or written comments at the public 
hearing, whose comments were received by O E H H A 
during the public comment period, and anyone who requests notification from O E H H A of the availability of such change. Copies of the notice and the changed regulation will also be available on the O E H H A web site at www.oehha.ca.gov .
AVAILABILITY OF THE FINAL 
STATEMENT OF REASONS
A copy of the Final Statement of Reasons may be 
obtained, when it becomes available, from Monet Vela at the e–mail or telephone number indicated above. The Final Statement of Reasons will also be available 
on O E H H A ’s website at www.oehha.ca.gov .
 
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND 
WILDLIFE
CALIFORNIA ENDANGERED SPECIES 
ACT CONSISTENCY DETERMINATION  
NUMBER 2080–2020–011–01
Project:  Lower Moffett Creek Scour — D E S Brokered  
     Project
Location:  Siskiyou County
Applicant:  California Department of Transportation
Background
California Department of Transportation (Applicant) 
proposes to replace the bridge over Moffett Creek on 
State Route 3 (S R 3), approximately 6 miles north of Fort Jones, and 11.6 miles south of Yreka, in Siskiyou County. The Lower Moffett Creek Scour — D E S  Brokered Project (Project) includes the demolition of the existing bridge and replacement with a new bridge that completely spans the creek within the same alignment as the existing bridge. The existing bridge 
is deteriorating in the structural steel of the deck 
and supporting pillars. The new bridge will provide widened shoulders, reduced long–term maintenance, and will be a full span over Moffett Creek, thus eliminating a pier that is situated in Moffett Creek supporting the current bridge. The work is planned for a single work season and an alternate routing of S R 3