CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z 
REFERENCE 
The purpose of this regulation is to implement, inter-
pret, and make specific Government Code Sections 
85301, 85302, and 85303. 
CONTACT 
Any inquiries should be made to Katelyn Greene, 
Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322−5660 or 1−866−ASK−FPPC, or by email at 
kgreene@fppc.ca.gov . Proposed regulatory language 
can be accessed at http://www .fppc.ca.gov/the−law/ 
fppc−regulations/proposed−regulations−and− notices.html. 
TITLE 14. DEPARTMENT OF 
RESOURCES RECYCLING AND 
RECOVERY 
Chapter 4: Resource Conservation Programs 
Article 8: Sustainable Packaging for the 
State of California Act 
Sections: 17989−17989.8 
PROPOSED REGULATORY ACTION 
The California Department of Resources Recycling 
and Recovery (department) proposes to add to the Cali-fornia Code of Regulations, Title 14, Division 7, Chap-
ter 4, Article 8 commencing with Section 17989. The proposed regulation is intended to clarify processes and 
develop criteria to determine the types of food service packaging that are reusable, recyclable, or compostable 
as required by the Sustainable Packaging for the State of California Act (referred to throughout as the “Act”) [Chapter 610, Statutes of 2018 (Allen, Senate Bill 1335)]. 
PUBLIC HEARING 
A public hearing to receive public comments has 
been scheduled for April 28, 2020. The hearing will be 
held at the: 
Joe Serna Jr., Cal EPA Building 
Byron Sher Auditorium 1001 I Street, 2
nd Floor 
Sacramento, CA 95814 The hearing will begin at 2:00 p.m. on April 28, 
2020 and will conclude after all testimony is given. The department requests that persons making oral com-ments also submit a written copy of their testimony at 
the hearing. The hearing room is wheelchair accessible. 
If you have any questions, please contact SB1335@calrecycle.ca.gov . 
WRITTEN COMMENT PERIOD 
Any interested person, or his or her authorized repre-
sentative, may submit written comments relevant to the 
proposed regulation to the department. The written 
comment period for this rulemaking closes on April 
28, 2020. The department will also accept written com-ments during the public hearing described above. Please submit your written comments to: 
Andrew Parrish Materials Management and Local Assistance 
Division 
California Department of Resources Recycling and 
Recovery 
P.O. Box 4025 Sacramento, CA 95812−4025 FAX: (916) 319−7291 
E−MAIL: SB1335@calrecycle.ca.gov 
AUTHORITY AND REFERENCES 
Public Resources Code Sections 40401, 40502, and 
42370.2 provide authority for this regulation. The fol-
lowing is a list of references cited in this proposed regu-
lation: Public Resources Code Sections 42370, 42370.1, 42370.2, 42370.3, 42370.4, 42370.5, 42370.6 
and 42370.7. 
INFORMATIVE DIGEST/POLICY STATEMENT 
OVERVIEW 
The California Integrated Waste Management Act 
(Division 30 (commencing with section 40000) of the Public Resources Code) gives the department authority to provide for the protection of public health, safety, and 
the environment through waste prevention, waste di-
version, and safe waste processing and disposal. Public 
Resources Code section 40502 requires the department 
to adopt rules and regulations to implement the Califor-nia Integrated Waste Management Act. Packaging rep-resents nearly one−fourth of materials landfilled in Cal-
ifornia and single−use food service packaging is a sig-
nificant component of these discards. Implementation 
of the Act will assist in achieving the goal of 75 percent recycling, composting, or source reduction of solid waste as required by AB 341 (Chesbro, Chapter 476, 
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Statutes of 2011) due to the increased utilization of food 
service packaging that is reusable, recyclable, or com-
postable. In addition, the state will realize a reduction in 
greenhouse gas emissions as a result of fewer food ser-vice packaging items being sent to landfills. 
Improperly discarded single−use food service pack-
aging contributes to environmental pollution, adversely impacts wildlife, and poses potential health risks to 
communities across the state. Food service packaging 
that is littered contaminates the state’s waterways and 
has the potential to release toxic ingredients into the en-
vironment, negatively impacting soil and water quality. 
The department estimates $300,000 in annual litter cleanup costs may be saved as a result of reducing the amount of non−recyclable food service packaging used 
at state food service facilities. Additionally, non− 
recyclable or non−compostable food service packaging 
is a contaminant when it is placed in a recycling or com-posting container, which reduces the effectiveness of those programs. For example, non−recyclable food 
packaging that is placed in a recycling container may 
impact the physical properties of recyclable materials 
collected through the program and harm the overall 
economic and technical viability of the recycling 
program. 
The Act will further the department’s ability to meet 
its statewide recycling and diversion goals by establish-ing new food service packaging requirements on state 
food service facilities that will increase the distribution 
of food service packaging that is compatible with Cali-fornia’s recycling and composting programs. Specifi-
cally, the Act requires the department to evaluate food 
service packaging items based on criteria unique to the state (such as existing infrastructure, material markets, 
material composition, and potential environmental im -
pacts) to ensure that only reusable, recyclable, or com-
postable food service packaging is used by state 
facilities. 
Specifically, the proposed regulation will: 
1. Clarify definitions 
2. Specify the information that will be published on the List of Approved Types of Food Service 
Packaging Items (List) 
3. Establish criteria to evaluate the potential impact 
of food service packaging on litter, public health, 
and wildlife 
4. Establish criteria for determining how food 
service packaging will be evaluated in order to be 
considered reusable 
5. Establish criteria for determining how food 
service packaging will be evaluated in order to be 
considered recyclable 6. Establish criteria for determining how food 
service packaging will be evaluated in order to be 
considered compostable 
7. Specify the administrative procedures to submit an application for a food service packaging item, or group of items, to be added to the List 
8. Specify the conditions under which remaining inventories of noncompliant food service packaging items, or groups of items, may be used 
9. Specify recordkeeping requirements 
The statutory requirements, together with the clarifi-
cation provided by the proposed regulation, will assist in the effective implementation of the Act by establish-
ing administrative procedures for maintaining the List, submitting appli cations, and making records available. 
In addition, the criteria to determine if food service packaging is reusable, recyclable, or compostable will 
help protect the state’s recycling and composting infra-
structure as well as public health and the environment. 
During informal rulemaking, staff organized numer-
ous stakeholder meetings and held two workshops on April 10, 2019 and June 4, 2019, to solicit feedback on 
draft concepts and regulatory text. The comments and input received at these events, additional written corre-
spondence, and feedback solicited from multiple state 
departments and other interested entities further aided the development of the content that was incorporated into the proposed regulation. 
CONSISTENCY EVALUATION 
After conducting an evaluation of existing state regu-
lations, the department found that these are the only reg-
ulations dealing with determining types of food service 
packaging that are reusable, recyclable, or com-
postable. The department determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations and that the department 
is the only agency that can implement this proposed 
regulation. 
PLAIN ENGLISH REQUIREMENTS 
Department staff prepared the proposed regulation 
pursuant to the standard of clarity specified in Govern-
ment Code Section 11349 and the plain English require-
ments of Government Code Sections 11342.580 and 11346.2(a)(1). The proposed regulation is considered 
non−technical and is written to be easily understood by 
those parties that will use them. 
FORMS INCORPORATED BY REFERENCE 
No documents or forms are incorporated by reference 
in the proposed regulation. 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z 
MANDATED BY FEDERAL 
LAW OR REGULATIONS 
Federal law or regulations do not contain comparable 
requirements. 
OTHER STATUTORY REQUIREMENTS 
The result of the external scientific peer review of the 
scientific basis of the proposed regulation pursuant to 
Health and Safety Code section 57004 will be posted on 
the department’s website at: https://www.calrecycle. 
ca.gov/laws/rulemaking/foodservice/ . 
LOCAL MANDATE 
The department has determined that the proposed 
regulations do not impose a mandate on local agencies 
or school districts. 
FISCAL IMPACT 
COSTS TO ANY LOCAL AGENCY OR SCHOOL 
DISTRICT REQUIRING REIMBURSEMENT 
The department has determined that the proposed 
regulations do not result in costs to any local agency or school district that must be reimbursed pursuant to Sec-
tion 6 of Article XIII B of the California Constitution 
and Part 7 of Division 4 of the Government Code Sec-
tion 17500 et seq. 
COSTS OR SAVINGS TO ANY STATE AGENCY 
The total annual direct costs to the state are estimated 
to total $2.3 million, which will be incurred by the de-
partment, the Department of General Services (DGS), 
and food service operations at certain state agencies as described below. 
The department will incur approximately $152,000 
in costs, pursuant to an approved FY19−20 Budget Change Proposal to employ one permanent Senior En-vironmental Scientist (Specialist). This position, fund-
ed by the Integrated W aste Management Account, is de -
veloping the regulation and will oversee implementa-
tion of the department’s responsibilities pursuant to the 
Act. 
DGS anticipates it will incur costs related to updating 
and executing food service contracts; however, it did not provide an estimated amount of the fiscal impact. Because DGS will not be able to estimate its total annu-al costs until the List is published,
1 the department ac-
counted for an annual nominal cost to DGS of about $38,000. 
While many food service facilities will be able to pass 
their increased costs on to their customers, certain agen-cies (e.g., prisons, hospitals, military, fire protection, and conservation corps) do not sell their food and there-fore will not be able to pass on these additional costs. 
The department estimates the cost impact to these state 
agencies will be approximately $2.1 million. The de-partment anticipates funding to cover these cost im-pacts may be requested in subsequent budgets by the 
impacted agencies beginning in Fiscal Year 
2021−2022. 
NON−DISCRETIONARY COSTS OR 
SAVINGS TO LOCAL AGENCIES 
The department has determined that the proposed 
regulation does not imp ose any non−discretionary costs 
or savings upon any local agencies. 
COSTS OR SAVINGS IN FEDERAL 
FUNDING TO THE STATE 
The department has determined that that the proposed 
regulation will not impact federal funding to the state. 
HOUSING COSTS 
The department has determined that the proposed 
regulation will not have an ef fect on housing costs. 
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY 
AFFECTING BUSINESSES, INCLUDING 
ABILITY TO COMPETE 
The department has made an initial determination 
that the proposed regulation will not have a significant statewide adverse economic impact directly affecting 
business, including the ability of California businesses 
to compete with businesses in other states. While manu-
facturers of food service packaging will be responsible 
for bearing costs of approximately $1 million in the first 
year of implementation, these costs represent an in-significant proportion of the profits made on these prod-
ucts. Food service facilities will bear most of the re-mainder of the costs of the regulation. These increased 
costs are not significant and are expected to largely be passed on to customers. 
The department has estimated that approximately 20 
food service packaging manufacturers will be impacted 
1 California Department of Finance. 2018. Bill Analysis, SB 1335 
(Allen). 
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 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z 
by these regulations and will bear approximately 
$1 million in regulatory costs ($50,000 per manufactur-
er) every 5 years. These costs include testing the perfor-
mance of food service packaging items, data acquisi-
tion, and costs to prepare and submit an application. The 
department estimates that approximately 4,430 food 
service facilities will be impacted by these regulations and will bear approximately $5 million in regulatory 
costs (approximately $1,100 per food service facility) 
every year. These costs include increased costs to pur-chase compliant food service packaging items and ad-ministrative costs to review the approved List, maintain 
records, and ensure compliance. 
The department anticipates that the financial impact 
on a food service facility or a food service packaging 
manufacturer as a result of the regulation will vary de-
pending on its size and operations. The modest cost in-
crease for food service packaging borne by food service 
facilities will be passed on to customers (on average $1.50 per customer per year) and to state agencies that 
provide (not sell) meals (approximately $2 million per year for all impacted state agencies). Food service pack-
aging manufacturers are primarily large businesses but 
may also include some small businesses that manufac-
ture niche products. All businesses will incur costs based on the number of food service packaging items they manufacture and sell to food service facilities. 
Large businesses that sell more food service packaging 
items will incur greater costs than small businesses that manufacture fewer food service packaging items. The 
result is that large manufacturers will pay a greater pro-
portion of the regulatory costs than the smaller 
manufacturers. 
The department estimates that the costs for food ser-
vice packaging manufacturers to comply with these regulations is approximately $1 million every 5 years compared to more than $20 billion in annual revenues. 
STATEMENT OF THE RESULTS OF THE 
ECONOMIC IMPACT ASSESSMENT 
CREATION OR ELIMINATION OF 
JOBS WITHIN CALIFORNIA 
One Senior Environmental Scientist (Specialist) job 
was created at the department beginning in Fiscal Year 2019−2020
2 to develop and implement the regulations. 
This position will conduct ongoing evaluations of food 
service packaging and establish and update the List. The statute requires DGS to update its website and en-
2 California Department of Resources Recycling and Recovery. 
2019. Budget Change Proposal sure that any relevant contract or agreement is updated 
to conform to these regulations. DGS did not identify a 
fiscal impact associated with contracting for reusable, recyclable,  or compostable food service packaging that 
is above and beyond its existing workload.
3 The regula-
tions require food service facilities to maintain records that are consistent with existing business practices, and 
to provide information to the department, upon request. 
The department anticipates the nominal work associat-ed with these tasks will be performed by existing employees. 
The department does not expect the loss or creation of 
industry jobs as a direct result of the regulation. Howev-er, the department used the Regional Economic Mod-els, Inc. (REMI) economic model to estimate the indi-
rect and induced impacts of the regulations to the Cali-
fornia economy (Table 1). The results of the REMI eco-
nomic model show a slight decrease in the forecasted 
GDP and employment growth due to (1) the increased 
administrative costs and testing by food service packag-
ing manufacturers, (2) the increased costs of food ser-
vice packaging being passed on to consumers, and (3) changes in consumer and government spending pat-
terns. As a result of this change in employment growth, 
we anticipate a reduction in personal income growth. The decrease in employment and personal income growth is not specific to the impacted industries, but 
rather is spread out over the entire economy as a result 
of a decrease in state GDP growth. 
Table 1: REMI Model Economic Output 
Output Year:  2022 — Total State GDP: $3,190,000 M 
— Decreased State GDP: $4.0 M  —  Total Net 
Employment Decrease:  60 jobs  —  Total Personal 
Income Decrease: $4 M 
Output Year:  2023 — Total State GDP: $3,270,000 M 
— Decreased State GDP: $5.0 M  —  Total Net 
Employment Decrease:  68 jobs  —  Total Personal 
Income Decrease: $5 M 
Output Year:  2024 — Total State GDP: $3,350,000 M 
— Decreased State GDP: $5.0 M  —  Total Net 
Employment Decrease:  65 jobs  —  Total Personal 
Income Decrease: $5 M 
CREATION OF NEW BUSINESSES OR 
ELIMINATION OF EXISTING 
BUSINESSES WITHIN CALIFORNIA 
The department does not anticipate the loss or cre-
ation of businesses as a direct result of the regulation. 
3 California Department of Finance. 2018. Bill Analysis, SB 1335 
(Allen). 
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However, the department elected to use the REMI eco-
nomic model to estimate the indirect and induced im-
pacts of the regulations to the California economy. The 
results of the REMI economic model show a slight de-
crease in the forecasted employment growth due to (1) the increased administrative and testing costs required for food service packaging manufacturers, (2) the in-creased costs of food service packaging being passed on 
to consumers, and (3) changes in consumer and govern-ment spending patterns. The REMI model shows a de-crease of 60 jobs in 2022, 68 jobs in 2023, and 65 jobs in 
2024. However, the decrease in employment is not spe-
cific to the impacted industries (food service facilities and food service packaging manufacturers), but rather is spread out over the entire economy as a result of a de-
crease in the state Gross Domestic Product growth. 
EXPANSION OF BUSINESSES CURRENTLY 
DOING BUSINESS WITHIN THE STATE 
The department anticipates a small increased demand 
for compliant food service packaging items within the 
state. Food service packaging manufacturers that pro-
duce a portfolio of items may shift their production 
from those that are likely be deemed noncompliant to those that may be deemed compliant. 
BENEFITS OF THE REGULATION 
The benefit of the proposed regulation is the protec-
tion of public health and the environment. The benefits 
associated with the regulation include the following: 
1. Reduction of litter and cleanup costs, improved water quality, and reduced impacts to wildlife: Increasing the use of reusable, recyclable, or 
compostable food service packaging items in state 
facilities will result in less litter in the state’s 
waterways and marine environments where it harms wildlife and destroys habitats. Reducing 
litter cleanup costs will help alleviate the burden 
on local communities. The department estimates $300,000 in annual litter cleanup costs may be saved as a result of reducing the amount of 
non−recyclable food service packaging used at 
food service facilities. 
2. Increased recovery and reuse: Materials that have 
robust recycling markets are more likely to be 
collected for recovery. Much of the food service packaging currently sold in the state, despite labeling claims of “recyclable” or “compostable,” 
are not compatible with California’ s infrastructure 
and are often contaminants that negatively impact 
recycling and composting programs. The criteria required by the Act and the proposed regulation will help harmonize recovery and reuse 
requirements throughout the state and will help the 
state in achieving its 75 percent source reduction, 
recycling, and composting goal. 
3. Reduction in greenhouse gas emissions: Materials 
that can be composted and are accepted at compost 
facilities are more likely to be diverted from landfills. Diverting compostable food service packaging and the associated food waste to 
compost facilities will help the department 
achieve its organic waste diversion goals and reduce greenhouse gas emissions associated with landfilling organic materials, as required by SB 
1383 (Lara, Chapter 395, Statutes of 2016). 
4. Reducing toxic chemicals in food service 
packaging items: Certain chemicals, such as per− and polyfluoroalkyl substances can be harmful to humans and wildlife. The regulations will reduce 
the amount of these chemicals contained in food 
service packaging. The magnitude of the reduction 
in toxic chemicals is unknown, but the reduction will have positive environmental and public health 
benefits. 
COST IMPACT ON REPRESENTATIVE 
PERSON OR BUSINESS 
The regulations will have measurable impacts on two 
industries: food service facilities and food service pack-
aging manufacturers. Food service facilities will incur costs to comply with this proposed regulation because 
compliant food service packaging items are often 
slightly more expensive than the noncompliant items and due to minor recordkeeping requirements imposed by the Act. Food service facilities that sell meals may 
pass these minor increased costs on to their customers. 
Individuals who are given (not sold) meals, such as at prisons, hospitals, and military facilities, will not expe-rience a cost difference because they do not purchase 
these meals. Food service packaging manufacturers 
that seek to be included on the List will incur costs to prepare and submit documentation to the department, 
including product test results and other required infor-
mation to demonstrate compliance with the criteria es-tablished by the regulation. 
BUSINESS REPORT 
The proposed regulation does not require businesses 
to submit routine reports; however, the proposed regu-
lation does require a food service packaging manufac-
turer to submit documentation to prove that a type of 
food service packaging meets the criteria for reusable, recyclable, or compostable. The documentation must be included in an application that is submitted for a food 
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service packaging item, or group of items, to the depart-
ment for evaluation. Food service packaging items that 
meet the applicable criteria will be added to the List of 
Approved Food Service Packaging. The documenta-
tion required by food service packaging manufacturers 
is necessary for the health, safety, and welfare of the people of the state and it is necessary that the proposed 
regulation apply to businesses that manufacture food 
service packaging. 
EFFECT ON SMALL BUSINESS 
The department estimates that 97%
4 of the 4,450 food 
service facilities are small businesses with fewer than 100 employees.
5 The remaining 3% of impacted food 
service facilities are institutional food service opera-
tions at prisons, hospitals, universities, and military fa-
cilities with more than 100 employees. The California Department of Rehabilitation Business Enterprise Pro-
gram constitutes approximately 50 of the impacted food 
service facilities. The federal and state statutes govern-
ing the Department of Rehabilitation Business Enter-
prise Program provide a “priority” for blind vendors to 
operate food service facilities in federal and state gov-ernment buildings. 
The department estimates fewer than 20 food service 
packaging manufacturers will be impacted by the regu-lation. This estimate is based on the number of food ser-
vice packaging manufacturers identified in data provid-
ed by the DGS
6,7 and Sysco. The department staff con-
ducted research and determined that approximately 25% of the impacted food service packaging manufac-
turers are small businesses with fewer than 100 employ-
ees. Business employment data was obtained from in-
formation published in corporate reports and on the business’s website. Third−party sites such as 
zoominfo.com and owler.com were used when infor-
mation was not available directly from the business.
8 
CONSIDERATION OF ALTERNATIVES 
The department must determine that no reasonable 
alternative it considered or that has otherwise been identified and brought to its attention would be more ef-
fective in carrying out the purpose for which the action 
is proposed, would be as effective and less burdensome 
4 Hansen, Katie. 2019. Senior Legislative Director, California 
Restaurant Association. September 24. 
5 Subsection (1)(A) of Subdivision (d) of Section 14837 of the 
Government Code. 
6 Department of General Services. 2017. Contract Pricing. 
7 Department of General Services. 2018. Pricing Worksheet. 
8 California Department of Resources Recycling and Recovery. 
2019. “Packaging manufacturer research.” to affected 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. 
The Department invites interested persons to present 
statements or arguments with respect to alternatives to the proposed regulation during the public comment period. 
CONTACT PERSON 
Inquiries concerning the substance of the proposed 
action may be directed to: 
Andrew Parrish Materials Management and Local Assistance 
Division 
California Department of Resources Recycling and 
Recovery 
P.O. Box 4025 Sacramento, CA 95812−4025 
PHONE: (916) 341−6458 
FAX: (916) 319−7291 E−MAIL: Andrew .Parrish@calrecycle.ca.gov 
Back−up contact person to whom inquiries concern-
ing the proposed administrative action may be directed to: 
Daphne Molin 
Materials Management and Local Assistance 
Division 
California Department of Resources Recycling and 
Recovery 
P.O. Box 4025 Sacramento, CA 95812−4025 PHONE: (916) 341−6221 
FAX: (916) 319−7291 
E−MAIL: Daphne.Molin@calrecycle.ca.gov 
AVAILABILITY OF STATEMENT OF REASONS 
AND TEXT OF PROPOSED REGULATION 
The department will have the entire rulemaking file, 
and all information that provides the basis for the pro-
posed regulation, available for inspection and copying 
throughout the rulemaking process. For more timely ac-
cess to the proposed text of the regulation, and in the in-
terest of waste prevention, interested parties are encour-
aged to access the department’s Internet webpage at: https://www.calrecycle.ca.gov/laws/rulemaking/ foodservice . 
Copies of the rulemaking file may also be obtained by 
contacting Andrew Parrish or Daphne Molin using the contact information above, or by submitting a request to: SB1335@calrecycle.ca.gov . As of the date this no-
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 CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 11-Z 
tice is published in the Notice Register, the rulemaking 
file consists of this notice, the proposed text of the regu-
lation, the economic and fiscal impact statement, the 
documents relied upon for the proposed action, and the 
initial statement of reasons (ISOR). 
AVAILABILITY OF CHANGED OR 
MODIFIED TEXT 
The department may adopt the proposed regulation 
substantially as described in this notice. If the depart-ment makes modifications, which are sufficiently r elat-
ed to the originally proposed text, it will make the modi-
fied text, with changes clearly indicated, available to 
the public for at least 15 days before the department 
adopts the regulation as revised. Requests for the modi-
fied text should be made to the contact person named above. The department will transmit any modified text 
to all persons who testify at the public hearing; all per-
sons who submit written comments at the public hear-ing; and all persons whose comments are received dur-
ing the comment period, and all persons who request 
notification of the availability of such changes. The de-
partment will accept written comments on the modified 
regulation for 15 days after the date on which they are 
made available. 
FINAL STATEMENT OF REASONS 
The Final Statement of Reasons will be made avail-
able at the Internet webpage listed above or may be at-tained by contacting the individuals named above. 
TITLE 15. DEPARTMENT OF 
CORRECTIONS AND REHABILITATION 
NOTICE IS HEREBY GIVEN that the Secretary of 
the California Department of Corrections and Rehabili-
tation (CDCR), pursuant to the authority granted by 
Government Code (GC), section 12838.5 and Penal Code (PC), section 5055, and the rulemaking authority 
granted by PC, section 5058, proposes to amend sec-
tions 3999.98, 3999.99, 3999.202, and 3999.203 and adopt sections 3999.204, 3999.204.1, 3999.204.2, 3999.204.3, 3999.204.4, 3999.204.5, and 3999.204.6 
of the California Code of Regulations (CCR), Title 15, 
Division 3, concerning Informed Consent, Capacity Determination for Informed Consent, and Selection of a 
Surrogate Decisionmaker. PUBLIC HEARING 
Date and Time: 
April 27, 2020 — 10:00 a.m. to 1 1:00 a.m. 
Place: 
8220 Longleaf Drive Building B, Room 126 Elk Grove, CA 95758 
Purpose: 
To receive comments about this action. 
8220 Longleaf Drive, Building B, Room 126, is 
wheelchair accessible. At the hearing, any person may present statements or ar guments orally or in writing rel-
evant to the proposed action described in the Informa-
tive Digest. The Department requests but does not re-
quire that persons who make oral comments at the hear-
ing also submit a written copy of their testimony at the hearing. 
PUBLIC COMMENT PERIOD 
The public comment period will close April 28, 
2020, at 5:00 p.m. Any person may submit public com-
ments in writing (by mail or by e−mail) regarding the proposed changes. To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Poli-
cy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by e−mail to HealthCareRegulations@cdcr.ca.gov  be-
fore the cl ose of the comment period. 
CONTACT PERSON 
Please direct any inquiries regarding this action to: 
D. Gouldy 
Associate Dir ector 
Risk Management Branch 
California Corr ectional Health Care Services 
P.O. Box 588500 
Elk Grove, CA 95758 
(916) 691−2921 
A. Burrell 
Staff Service Manager II (A) Health Care Regulations and Policy Section 
California Corr ectional Health Care Services 
(916) 691−2922 
AUTHORITY AND REFERENCE 
GC, section 12838.5 provides that commencing July 
1, 2005, CDCR succeeds to, and is vested with, all the 
powers, functions, duties, responsibilities, obligations, 
376