GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 27-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 8, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0628–03 ........................................ 769 AMENDMENT Multi–County: Santa Clarita Valley Water Agency (fka Castaic Lake Water Agency) TITLE 11.

CALIFORNIA PRIV ACY PROTECTION AGENCY California Consumer Privacy Act Regulations — Notice File Number Z2022–0628–02 ......................... 770 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2022–009–01, Eureka Hill Road Bridge Seismic Retrofit Project, Mendocino County ................................................................. 775 DEPARTMENT OF TOXIC SUBSTANCES CONTROL 30–day Notice of Modified Text and Availability of Additional Documents and Information Concerning Safer Consumer Products Regulations, Listing Nail Products Containing Toluene as a Priority Product (Original 45–day Notice Published on October 1, 2021) ......................... 779 PETITION DECISION STATE WATER RESOURCES CONTROL BOARD Regarding Petition to Amend the Bay–Delta Plan and Initiate a Rulemaking to Regulate All Recognized Rights to Bay–Delta Water ........................................................... 783

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 784 Time- Dated Material The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 769 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Santa Clarita Valley Water Agency (fka Castaic Lake Water Agency) A written comment period has been established commencing on July 8, 2022 and closing on August 22, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of– interest code(s), proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than August 22, 2022. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code(

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 770 the Commission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 11. C ALIFORNIA PRIVACY PROTECTION AGENCY DIVISION 6. CALIFORNIA PRIV ACY PROTECTION AGENCY

CHAPTER 1. CALIFORNIA CONSUMER PRIV ACY ACT REGULATIONS The California Privacy Protection Agency (Agency) proposes to amend sections 7000, 7001, 7010, 7011, 7012, 7013, 7016, 7020, 7021, 7022, 7024, 7026, 7028, 7050, 7060, 7061, 7062, 7063, 7070, 7071, 7072, 7080, 7081, 7100, 7101, and 7102, adopt sections 7002, 7003, 7004, 7014, 7015, 7023, 7025, 7027, 7051, 7052, 7053, 7300, 7301, 7302, 7303, and 7304, and repeal

section 7031 of title 11, division 6,

chapter 1 of the California Code of Regulations concerning the California Consumer Privacy Act. PUBLIC HEARING The Agency will hold a public hearing to provide all interested persons an opportunity to present state - ments or arguments, either orally or in writing, with respect to the proposed regulations, at the following dates and time at the physical location identified below and via Zoom video and telephone conference: Dates: A ugust 24 and 25, 2022 Time: 9 :00 a.m. Pacific Time Location: E lihu M.

Harris State Building 1 515 Clay Street O akland, CA 94612 A uditorium (1st floor) To join this hearing by Zoom video conference: https://cppa–ca–gov.zoom.us/j/89421145939 Or Telephone: USA (216) 706–7005 US Toll USA (866) 434–5269 US Toll–free Conference code: 682962 Members of the public who wish to speak at the hearing are requested to RSVP in advance on the Agency’s website at https://cppa.ca.gov/regulations/. Speakers will be called on in the order of the RSVP.

The information provided will also help the Agency plan logistics and ensure that the hearing location can accommodate all participants who plan to attend in person. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on August 23, 2022, at 5:00 p.m. Only writ- ten comments received by that time will be considered. You may submit comments by the following means: Electronic: Comments may be submitted electronically to regulations@cppa.ca.gov.

Please include “CPPA Public Comment” in the sub- ject line. Mail: California Privacy Protection Agency Attention: Brian Soublet 2101 Arena Boulevard, Sacramento, CA 95834 (279) 895–6083 NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 1798.185, Civil Code. Reference: Sections 1798.100, 1798.105, 1798.106, 1798.106, 1798.110, 1798.115, 1798.120, 1798.121, 1798.125, 1798.130, 1798.135, 1798.140, 1798.145, 1798.150, 1798.155, 1798.175, 1798.185, 1798.199.35, 1798.199.40, 1798.199.45, 1798.199.50, 1798.55 and 1798.199.65, Civil Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The Legislature enacted the California Consumer Privacy Act of 2018 (CCPA) in late 2018 and the stat- ute became operative January 1, 2020. (Stats. 2018,

chapter 55 (Assembly Bill Number 375), § 3 , effec- tive Jan. 1, 2019, operative Jan. 1, 2020.) The CCPA conferred new privacy rights for consumers and im - posed corresponding obligations on businesses sub - ject to it.

The rights conferred to consumers include the right to know what personal information busi - nesses are collecting about consumers and how that information is being used, sold, and shared, the right to delete personal information held by businesses, the right to stop the sale of personal information by busi - nesses, and the right to non–discrimination in service and price when exercising privacy rights. (Civ. Code, §§ 17 98.100 –1798.199.) 1 1 All references are to the Civil Code unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 771 Subsequently, in November 2020, voters approved the Consumer Privacy Rights Act of 2020 (CPRA), amending and building on the CCPA.

The CPRA amendments to the CCPA endow California resi - dents with new rights of control over the personal in - formation that covered businesses hold about them. 2 California consumers now have: ● T he right to delete the personal information that a business collects from them (with specified ex - ceptions for operational and legal necessity). (§ 1798.105.) ● T he right to correct inaccurate personal in - formation the business maintains about them. (§ 1798.106.) ● T he right to know what personal information a business has collected about them, and how the business uses, sells, and shares that information. (§§ 1798.110, 1798.115 and 1798.140, subdivisions (ad) and (ah).) ● T he right to opt out of the sale or sharing of their personal information. (§ 1798.120.) ● T he right to limit a business’s use and disclosure of sensitive personal information about them to certain business purposes. (§ 1798.121.) ● T he right to non–discrimination, meaning that consumers who exercise their rights under the CCPA are entitled receive the same service and price as consumers who do not. (§ 1798.125.) Businesses have corresponding duties.

First, busi - nesses are required to provide consumers with a num- ber of disclosures about their business practices as they relate to their collection and use of consumers’ personal information.

Businesses must provide time - ly notice, at or before the point of collection, about the categories of personal information it will collect about the consumer, including categories of sensitive per - sonal information; the purposes for which that infor - mation will be used; whether that information is sold or shared; and the length of time the business intends to retain that information. (§ 1 798.100, subdivision (a).) The business must not collect additional categories of personal information or use the personal information for purposes that are incompatible with the disclosed purpose for which the personal information was col - lected. (§ 1 798.100, subdivision (a)(1).) The businesses collection, use, retention, and sharing of the person - al information must also be reasonably necessary and proportionate to achieve the purposes for which the 2 As amended by the CPRA, the CCPA now applies to businesses that collect personal information about California residents and that either (1) have gross revenues exceeding $25 million a year; (2) buy, sell, or share the information of 100,000 or more con - sumers or households; or (3) derive 50 percent or more of their annual revenue from selling or sharing consumers’ personal in - formation. (§ 1798.140, subdivision (d)(1)(A)–(C).) personal information was collected or processes, or for another disclosed purpose that is compatible with the context in which the personal information was col- lected, and not further processed in a manner that is incompatible with those purposes. (§ 1 798.100, subdi- vision (c).) A business must also post a privacy policy that pro- vides consumers with a comprehensive description of a business’s online and offline practices regarding the collection, use, sale, sharing, and retention of person - al information, as well as a description of a consum - er’s CCPA rights. (§ 1 798.130, subdivision (a)(5); see also Cal.

Code Regs., title 11, § 7 011.) If a business sells or shares personal information or uses or disclos- es sensitive personal information for certain purpos - es, the business must provide a “Do Not Sell or Share My Personal Information” link and/or “Limit the Use of My Sensitive Personal Information” link on its in - ternet homepage, or an alternative opt–out link that al- lows consumers to exercise both their right to opt–out of the sale/sharing of their personal information and their right to limit the use of their sensitive personal information. (§ 1798.130, subdivision (a).) Businesses are required to make available to con- sumers two or more methods for submitting CCPA re- quests. (§ 1 798.130, subdivision (a)(1).) In obtaining consent from consumers, businesses are prohibited from using dark patterns, which is defined to mean a user interface designed or manipulated with the sub - stantial effect of subverting or impairing user autono - my, decisionmaking, or choice. (§ 1 798.140, subdivi- sions (

h) and (l).) Businesses must respond to verifiable consumer requests within 45 to 90 days. (§ 1 798.130, subdivision (a)(2); see also Cal. Code Regs., title 11, §§ 7 060–7062 (discussing verification of requests).) If a business is unable to comply completely with a re - quest, it is still obliged to comply with the request as much as possible.

For instance, if a business denies a consumer’s request to know “in whole or in part, be - cause of a conflict with federal or state law, or an ex - ception to the CCPA,” the business must explain the basis for its denial and disclose information that is not subject to the exception. (Cal.

Code Regs., title 11, § 7 024, subdivision (e).) Similarly, if a business de - nies a request to delete because of an exception to the CCPA, the business must still delete the consumer’s personal information that is not subject to the excep - tion and must not use the information retained for any other purpose than provided for by the exception. (Id., § 7 022, subdivision (f).) Businesses must also ensure that individuals responsible for handling consumer re- quests about the businesses’ privacy practices or the businesses’ compliance with the CCPA are informed of all the requirements under the law and how to direct consumers to exercise their CCPA rights. (§ 1 798.130, subdivision (a)(6).)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 772 There are a number of significant exceptions to the CCPA.

First, the CCPA does not apply to government entities or nonprofit organizations, and excludes infor- mation that is lawfully made available to the general public, such as government records, widely distributed media, and information made available by a consumer if the consumer has not restricted the information to a specific audience. (§ 1798.140, subdivision (d)(1) and (v)(2).) The CCPA also contains a set of nuanced ex - ceptions for certain categories of information — such as medical records, credit reporting, banking, and ve - hicle safety records — that apply when the informa - tion is governed by another privacy–protecting stat - ute. (§ 1798.145, subdivisions (c), (d), (

e) and (g).) The Attorney General submitted proposed reg - ulations and supporting materials to the Office of Administrative Law for its consideration in June 2020, and the regulations became operative on August 14, 2020. (Cal. Code Regs., title 11, § 7000, et seq.) A set of amendments to the regulations went into effect March 15, 2021. (Id., §§ 7013, 7026, 7063 and 7072.) On October 21, 2021, the Agency provided notice to the Attorney General that it was prepared to as - sume rulemaking responsibilities. Rulemaking au - thority transferred from the Attorney General to the Agency six months after that notice. (§§ 1798.185, subdivision (

d) and 1798.199.40, subdivision (b).) On May 5, 2022, the Office of Administrative Law (OAL), pursuant to

Section 100 of OAL ’s regulations, ap - proved the transfer of the existing CCPA regulations to Title 11, Division 6, a new division of the California Code of Regulations that is under the jurisdiction of the Agency. (See OAL Matter Number 2022– 0325–02, available at https://cppa.ca.gov/regulations/ pdf/2022032_02nr_approval.pdf.) Effect of the Proposed Rulemaking: The CPRA established a new agency, the California Privacy Protection Agency, to implement and enforce the CCPA. (§ 1798.199.10.) The Agency is directed to adopt regulations to further the purposes of the Act, including promulgating regulations on 22 specific top- ics. (§ 1798.185.) The proposed regulations primarily do three things: (1) update existing CCPA regulations to harmonize them with CPRA amendments to the CCPA; (2) operationalize new rights and concepts in - troduced by the CPRA to provide clarity and specific- ity to implement the law; and (3) reorganize and con - solidate requirements set forth in the law to make the regulations easier to follow and understand.

More specifically, the proposed regulations: ● Establish rules defining the notified purposes for which a business can collect, use, retain, and share consumer personal information consistent with consumers’ expectations. (§ 1798.185, sub- division (a)(10).) ● Establish rules, procedures, and any exceptions necessary to ensure that the notices and informa - tion that businesses are required to provide under the CCPA are provided in a manner that may be easily understood by the average consumer, are accessible to consumers with disabilities, and are available in the language primarily used to inter - act with the consumer. (§ 1798.185, subdivision (a)(6).) ● Establish rules and procedures to facilitate and govern the submission of a consumer’s request to opt–out of sale/sharing and request to limit and a business’s compliance with the request, to ensure that consumers have the ability to exercise their choices without undue burden and to prevent businesses from engaging in deceptive or harass- ing conduct, including in retaliation against con - sumers for exercising their rights, while allowing businesses to inform consumers of the conse - quences of their decision. (§ 1798.185, subdivi- sion (a)(4).) ● Establish rules and procedures to facilitate a con- sumer’s right to delete, correct, or obtain personal information. (§ 1798.185, subdivision (a)(7).) ● Establish rules on how often and under what cir - cumstances a consumer can request a correction; how a business responds to the request; how con- cerns regarding accuracy are resolved; the steps taken to prevent fraud; and the right to submit an addendum when a request to correct health infor- mation has been rejected. (§ 1798.185, subdivi- sion (a)(8).) ● Establish procedures to extend the 12–month pe - riod of disclosure of information after a verifiable consumer request pursuant to

section 1798.130, subdivision (a)(2)(B). (§ 1798.185, subdivision (a)(9).) ● Define the requirements and specifications for an opt–out preference signal. (§ 1798.185, subdivi- sion (a)(19)(A) & (B).) ● Establish regulations governing how business - es respond to an opt–out preference signal where the business has elected to comply with

section 1798.135, subdivision (b). (§ 1798.185, subdivi- sion (a)(20).) ● Establish regulations governing the use or disclo- sure of a consumer’s sensitive personal informa - tion. (§ 1798.185, subdivision (a)(19)(C).) ● Further define and add to the business purposes for which businesses, service providers, and con- tractors may use personal information consistent with consumer expectations, and further define the business purposes for which service providers and contractors may combine personal informa - tion. (§ 1798.185, subdivision (a)(10).)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 773 ● Identify the business purposes for which service providers and contractors may use consumers’ personal information pursuant to a written con - tract with a business, for the service provider or contractor’s own business purpose. (§ 1798.185, subdivision (a)(11). ● Establish procedures for filing complaints with the Agency (§ 1798.199.45) and procedures nec- essary for the Agency’s administrative enforce - ment of the CPRA. (§ 1798.199.50). ● Define the scope and process for the exercise of the Agency’s audit authority as well as the crite - ria for selecting those that would be subject to an audit. (§ 1798.185, subdivision (a)(18).) ● Harmonize regulations governing opt–out mech - anisms, notices, and other operational mech - anisms to promote clarity and functionality. (§ 1798.185, subdivision (a)(22).) The Agency will not be promulgating rules on cy - bersecurity audits (§ 1798.185, subdivision (a)(15)(A)), risk assessments (§ 1798.185, subdivision (a)(15)(B)), or automated decisionmaking technology (§ 1798.185, subdivision (a)(16)) at this time.

These areas will be the subject of a future rulemaking and are not within the scope of this Notice of Proposed Rulemaking. Anticipated Benefits of the Proposed Regulations: The proposed regulations provide a number of sig - nificant benefits to Californians. Building off of the existing CCPA regulations, the proposed regulations provide comprehensive guidance to consumers, busi - nesses, service providers, and third parties, on how to implement and operationalize new consumer priva - cy rights and other changes to the law introduced by the CPRA amendments to the CCPA. (Prop. 24, as ap- proved by voters, Gen.

Elec. (Nov. 3, 2020), § 3(C)(2).) They set forth clear requirements for how business - es are to craft their methods for submitting consumer requests and obtaining consumer consent so that the consumer’s choice is freely made and not manipulat - ed, subverted, or impaired through the use of dark pat- terns. (Ibid.) They also clearly explain that the CPRA amendments now restrict businesses from collecting, using, retaining, and sharing consumer personal in - formation in a manner that is inconsistent with con - sumer expectations, unless they obtain the consum - er’s explicit consent.

In doing so, the regulations place the consumer in a position where they can knowing - ly and freely negotiate with a business over the busi - ness’s use of the consumer’s personal information. (Id., § 3(C)(3).) In addition, the proposed regulations set forth the requirements for an opt–out preference signal that consumers may use to easily opt–out of the sale or sharing of their personal information with all busi - nesses that they interact with online.

With the goal of strengthening consumer privacy, the regulations sup - port innovation in pro–consumer and privacy–aware products and services and help businesses efficient - ly implement privacy–aware goods and services. ( Id., § 3(C)(1) & (5).) They take into consideration how pri- vacy rights are being implemented in the marketplace presently and build upon the development of privacy– forward products and services.

Finally, the proposed regulations take into consid - eration privacy laws in other jurisdictions and im - plement compliance with the CCPA in such a way that it would not contravene a business’s compliance with other privacy laws, such as the General Data Protection Regulation (GDPR) in Europe and consum- er privacy laws recently passed in Colorado, Virginia, Connecticut, and Utah. In doing so, it simplifies com- pliance for businesses operating across jurisdictions and avoids unnecessary confusion for consumers who may not understand which laws apply to them.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Agency has determined that these proposed regulations are not inconsistent or incompatible with existing State regulations. After conducting a review for any regulations that would relate to or affect this area, the Agency has concluded that these are the only regulations that concern the California Consumer Privacy Act. Forms Incorporated by Reference: None. Other Statutory Requirements:

Section 1798.185, subdivision (a), requires the Agency to solicit broad public participation and adopt regulations to further the purposes of the CCPA. During its pre–rulemaking process, the Agency pub - lished an invitation for written comments, held infor - mational sessions, and held stakeholder sessions to so- licit public participation in the rulemaking process. DISCLOSURES REGARDING THE PROPOSED ACTION The Agency’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: No fiscal impact is anticipated on the Agency.

The Agency’s enforce - ment responsibilities are a result of the statute, and cannot commence prior to July 1, 2023. (§ 1798.185, subdivision (d).) The proposed regulations do not cre- ate additional workload for the Agency. The proposed regulations may impact the Department of Justice’s (DOJ) expenditures for

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 774 enforcement because DOJ is currently enforcing CCPA and maintains civil enforcement authority. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Agency estimates that the proposed regulations will have a cost impact of $127.50 per business.

This represents the labor cost of updating certain website information to comply with the proposed regulations. Significant effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Agency has made an initial determination that that the proposed action will not have a signifi - cant, statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Agency concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new business- es or eliminate existing businesses within the state, (3) unlikely that the proposal will result in the expan - sion of businesses currently doing business within the state. The Agency also concludes that:

(1) The proposed regulations would benefit the health and welfare of California residents by operation - alizing the CPRA amendments to the CCPA, thus ensuring California residents are afforded greater privacy protections.

(2) The proposal would not benefit worker safety be- cause it does not regulate worker safety standards.

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement:

Section 7102 requires businesses collecting large amounts of personal infor- mation to annually compile and disclose certain met - rics. The Agency proposes to amend

section 7102 to require these businesses to additionally disclose infor- mation about requests to correct and requests to limit. The Agency finds it is necessary for the health, safety or welfare of the people of this state that pro - posed

section 7102, which requires a report, applies to businesses. Small business determination: The Agency has determined that the proposed action affects small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Agency must deter - mine that no reasonable alternative considered by the Agency or that has otherwise been identified and brought to the attention of the Agency would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective and less bur- densome to affected private persons than the proposed action or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

The Agency has determined that the proposed reg - ulations are the most effective way to operationalize the CPRA amendments to the CCPA. The regulations balance the benefits to consumers, the burden to busi- nesses, and the purposes of the CCPA. The Agency considered two alternative approaches to the regula - tions and determined that they would be less effective in carrying out the purposes for which the regulations are proposed. Specific alternatives to individual regu - lations are discussed in detail in the Initial Statement of Reasons. More stringent regulatory requirement .

A more stringent regulatory alternative considers mandat - ing more prescriptive compliance requirements, such as prescriptive methods for submitting, tracking, and responding to CCPA requests, and detailed training programs and record–keeping practices for all busi - nesses subject to the CCPA. This requirement would be an additional requirement (beyond the proposed regulations) for potentially hundreds of thousands of California businesses and would impose substantial costs.

The Agency rejects this regulatory alternative to allow flexibility to businesses in crafting their own processes in handling CCPA requests in order to ease the compliance burden for smaller businesses subject to the CCPA. Smaller businesses may not have the re- sources to devote additional staff to handle CCPA– related tasks and may not receive a substantial amount of CCPA requests requiring an extensive compliance program. Less stringent regulatory requirement . A less strin- gent regulatory alternative would, among other things, allow limited exemption for GDPR–compliant firms.

Limitations would be specific to areas where GDPR and CCPA conform in both standards and enforce - ment, subject to auditing as needed. This approach could achieve significant economies of scale in both private compliance and public regulatory costs. The Agency rejects this regulatory alternative because of key differences between the GDPR and CCPA, es - pecially in terms of how personal information is de - fined and the consumer’s right to opt–out of the sale or

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 775 the originally–proposed text, it will make the modi - fied text (with the changes clearly indicated) available to the public for at least 15 days before the Agency adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Agency will accept written comments on the modified regula - tions for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Agency’s website at https://cppa.ca.gov/regulations/. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemak - ing is based are available on the Agency’s website at https://cppa.ca.gov/regulations/. sharing of personal information (which is not required in the GDPR).

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: California Privacy Protection Agency Attention: Brian Soublet 2101 Arena Boulevard, Sacramento, CA 95834 (279) 895–6083 regulations@cppa.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: California Privacy Protection Agency Attention: Von Chitambira 2101 Arena Boulevard, Sacramento, CA 95834 (279) 895–1412 regulations@cppa.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Agency will have the entire rulemaking file available for inspection and copying throughout the rulemaking process upon request to the contact per - son above.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Register, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based. The text of this Notice, the ex - press terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Agency’s website at https:// cppa.ca.gov/regulations/.

Please refer to the contact information listed above to obtain copies of these documents. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the Agency analyzes all timely and relevant comments received during the 45–day public com - ment period, the Agency will either adopt these regu - lations substantially as described in this notice or make modifications based on the comments.

If the Agency makes modifications which are sufficiently related to GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2022–009–01 Project: Eureka Hill Road Bridge Seismic Retrofit Project Location: Mendocino County Applicant: County of Mendocino Department of Transportation Notifier: James Linderman Background The County of Mendocino Department of Transportation (Applicant) proposes construction of the Eureka Hill Road Bridge (10C–0034) Seismic Retrofit Project (Project) along Eureka Hill Road in Mendocino County.

The Project would retrofit the ex- isting Eureka Hill Road Bridge over the Garcia River to strengthen the structural components against seis - mic and erosive processes. The Project requires

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 776 construction of a temporary clear water crossing (tem- porary work pad) beneath the bridge with temporary culverts to maintain streamflow and fish passage. The Project activities described above are expect - ed to incidentally take 1 coho salmon ( Oncorhynchus kisutch) of the Central California Coast (CCC), where those activities take place within the bed, bank, and channel of the Garcia River 2. In particular, CCC coho salmon, could be incidentally taken as a result of the temporary stream diversion and dewatering process.

CCC coho salmon are designated as an endangered species pursuant to the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and the California Endangered Species Act (CESA) (Fish & Game Code, § 2 050 et seq.) (See Cal. Code Regs., title 14, § 6 70.5, subdivision (a)(2)(N).). CCC coho salmon individuals are documented as present at Garcia River.

Because of the possible oc - currences of all life stages of CCC coho salmon at the Project sites, the known dispersal patterns of CCC coho salmon and the presence of suitable CCC coho salmon, habitat within the Project site during the Project’s work period, the National Marine Fisheries Service (Service) has determined that CCC coho salm- on are reasonably certain to occur within the Project site and that Project activities are expected to result in the incidental take of CCC coho salmon.

According to the Service, incidental take will be ex- ceeded if more than 100 CCC coho salmon are cap - tured for relocation, or if more than 4 juvenile CCC coho salmon are harmed or killed. The Project will not result in permanent habitat loss for the species. Because the Project is expected to result in take of species designated as threatened under the feder - al ESA, the California Department of Transportation (Caltrans), as a Federal Highway Administration agent, consulted with the Service as required by the ESA.

On June 25, 2014, the Service issued a Biological Opinion, entitled Eureka Hill Road Bridge Seismic Retrofit Project, Mendocino County, California, (Service file Number WCR–2014–834) (BO) to Caltrans for the Project. The BO describes the Project, requires the Applicant to comply with terms of the incidental take statement (ITS) and accompanying BO, and incorpo - rates additional measures. The ITS also requires the 1 Pursuant to Fish and Game Code

section 86, “ ‘ Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘ take’…means to catch, capture or kill”). 2 T h e P r o j e c t a c t i v i t i e s a r e a l s o e x p e c t e d t o t a k e t h e f e d e r a l- ly threatened Northern California steelhead ( Oncorhynchus mykiss) and federally threatened California Coastal Chinook salmon (Oncorhynchus tshawytscha ). These species are not listed under CESA and are not addressed in this consistency determi- nation. Applicant to implement and adhere to measures con - tained within the Project Biological Assessment (BA) dated November 2020.

On March 9, 2022, the Service issued two letters amending the ITS and associated BO. On May 17, 2022, the Director of the Department of Fish and Wildlife (CDFW) received a notice from James Linderman, on behalf of the Applicant request- ing a determination pursuant to Fish and Game Code

section 2080.1 that the ITS, and accompanying BO and BA are consistent with CESA for purposes of the Project and CCC coho salmon (Cal. Reg. Notice Register 2022, Number 22–Z, page 658.) Determination CDFW has determined that the ITS and accompa - nying BO and BA are consistent with CESA as to the Project and CCC coho salmon because the mitigation measures contained in the ITS and accompanying BO and BA meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of CESA–listed species. Specifically, CDFW finds that: (1) take of CCC coho salmon will be incidental to an otherwise lawful ac - tivity; (2) the mitigation measures identified in the ITS and accompanying BO and BA will minimize and ful- ly mitigate the impacts of the authorized take; (3) ad - equate funding is ensured to implement the required avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Project will not jeopardize the continued existence of CCC coho salmon.

The avoid - ance, minimization, and mitigation measures in the ITS and accompanying BO and BA include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1) A pplicant shall ensure that work in the live chan - nel of the Garcia River (consisting of construc - tion of the temporary work pad, implementa- tion of footing retrofits at pier 2, and installation of column casings to the pier columns and top mats to the pier foundations) will be limited to the period of June 15 through October 15.

If any work within the live channel of the Garcia River is not completed by October 15, a written approval/extension must be obtained from the Service and CDFW to allow work past October 15. Revegetation activities are excluded from this requirement with the stipulation that no heavy equipment be used in the channel. 2) C altrans or Applicant must retain a qualified bi - ologist with expertise in the areas of anadromous salmonid biology, including handling, collect - ing, and relocating salmonids; salmonid/habitat relationships; and biological monitoring of sal - monids. Caltrans must ensure that all biologists

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 777 working on this Project are qualified to conduct fish collections in a manner that minimizes po - tential risks to CCC coho salmon.

Electrofishing, if used, must be performed by a qualified biol - ogist and conducted according to the Service Guidelines for Electrofishing Waters Containing Salmonids Listed under the Endangered Species Act (Available at: https://media.fisheries.noaa. gov/dam-migration/electro2000.pdf. 3) A qualified biologist must monitor the construc - tion site during placement and removal of chan - nel diversions and cofferdams to ensure that any harm or loss of salmonids is minimized and doc - umented.

The biologist must be on site during all dewatering events to ensure that all ESA–listed salmonids are captured, handled, and relocated safely. The biologist must notify the Service biol- ogist one week prior to capture activities in order to provide an opportunity for Service staff to ob - serve the activities.

Although not a requirement of the BO, CDFW requests to be notified as well. 4) Prior to project implementation, Applicant shall ensure that a Service/ and CDFW–approved biol- ogist will instruct all construction personnel and monitoring biologists of the terms and conditions being implemented to protect anadromous fish during construction. The biological monitor will have the full authority to halt work as necessary for the purpose of minimizing adverse effects on anadromous fish.

The biological monitor will also be on site to monitor all work to install and re - move the diversion and temporary gravel pad and to minimize adverse effects to anadromous fish from these activities. 5) Applicant shall notify and coordinate with the Service and CDFW 10 days prior to any stream di- versions and fish capture and relocation activities. 6) Prior to installation of the temporary work pad, the Applicant shall ensure that the work area shall be dewatered.

Dewatering will be accomplished by funneling flows with clean plastic sheeting and gravel through temporary culverts; tem - porary culverts will remain in place during in– channel construction to maintain fish passage and bypass flows through the work area. 7) During implementation of the seismic improve - ments, Applicant shall ensure that the temporary work pad will prevent any debris from falling into the Garcia River. 8) Applicant shall ensure that Environmentally Sensitive Areas (ESAs) will be established at the edges of the temporary access routes within the riparian corridor and around a portion of the temporary work pad within the river to prevent encroachment into adjacent natural areas.

ESA limits will be marked using orange snow fenc - ing or equivalent, and will remain in place and maintained in good condition until construction is complete. 9) Applicant shall ensure that the use of non–toxic vegetable based hydraulic fluid will be required for all equipment operated below the ordinary high water mark. 10) Applicant shall ensure that all fuel storage and refueling sites, concrete washouts, and any other hazardous materials are stored on the top of the bank at least 50 feet from surface water. 11) Applicant shall ensure that all construction equip- ment, pumps, hand tools, and personnel protec - tive equipment that is to be used in the stream channel is subjected to inspection and appropri - ate treatments to prevent the spread of invasive plant and aquatic invertebrate species. 12) Applicant shall ensure that all upland areas tem - porarily impacted during project construction will be restored to preconstruction contours and revegetated with native species. 13) The Applicant shall ensure that measures con - sistent with the current Caltrans’ Construction Site BMP Manual (including the Storm Water Pollution Prevention Plan [SWPPP] and Water Pollution Control Plan [WPCP] Manuals) shall be implemented to minimize effects to anadromous fish during construction. 14) Applicant shall ensure a SWPPP will be prepared by the contractor.

The SWPPP will contain a Spill Response Plan with instructions and procedures for reporting spills, the use and location of spill containment equipment, and the use and location of spill collection materials.

Implementation of the SWPPP will minimize effects to salmonids and their habitat from potential spills associated with construction activities. 15) Applicant shall ensure that gravel used for the temporary work pads shall consist of 1–inch to 4–inch diameter uncrushed, washed and rounded river rock (aka spawning gravel). 16) Captured fish must be handled with extreme care and kept in water to the maximum extent possi - ble during relocation activities.

All captured fish must be kept in cool, shaded, aerated water pro - tected from excessive noise, jostling, or over - crowding any time they are not in the stream, and fish must not be removed from this water except when released. To avoid predation, the biologist must have at least two containers and segregate young–of–year fish from larger age–classes and other potential aquatic predators. Captured sal - monids will be relocated as soon as possible to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 778 a suitable instream location where habitat condi - tions are present to allow for survival of trans - ported fish and fish already present. 17) If any salmonids are found dead or injured, the biologist must contact the Service biologist im - mediately. The purpose of the contact is to review the activities resulting in take and to determine if additional protective measures are required.

All salmonid mortalities must be retained, placed in an appropriately–sized sealable plastic bag, la - beled with the date, location of collection, and measured fork length, and be frozen as soon as possible. Frozen samples must be retained by the biologist until specific instructions are provided by the Service. The biologist may not transfer bi- ological samples to anyone other than the Service North Central Coast Office without obtaining prior written approval from the North Central Coast Office supervisor. Any such transfer will be subject to such conditions as Service deems appropriate.

Although not a requirement of the BO, CDFW requests to be contacted in this situ - ation as well. 18) All cofferdams, pumps, pipes and sheet plastic will be removed from the stream upon Project completion; any clean native gravel used for the cofferdams will be left in the channel to augment available spawning habitat. 19) All pumps used to divert live stream flow, out - side the dewatered work area, will be screened and maintained throughout the construction pe - riod to comply with the Service’s Fish Screening Criteria for Anadromous Salmonids.

See: https://media.fisheries.noaa.gov/dam-migration/ southwest_region_1997_fish_screen_design_ criteria.pdf. Applicant shall ensure that any emergent or sub - mergent aquatic vegetation shall be retained. Other vegetation shall be retained as practical within the constraints of the proposed project.

Where vegetation removal is necessary, rapidly sprouting plants, such as willows, shall be cut off at the ground line and the root systems left intact. 20) Applicant will remove or restore all temporary access area (temporary work pad) to pre–project conditions once the seismic improvements have been completed. 21) Prior to removal of the temporary work pad, the Applicant shall mitigate by ensuring that large wood debris (LWD) (12–inch diameter or greater and 25 feet in length) will be embedded and ca - ble anchored downstream of the Project’s bridge on the Garcia River to enhance existing salmonid habitat at the site.

Woody debris used will come from within the Garcia River watershed and will be cut for the express use of salmonid mitigation. Monitoring and Reporting Measures 1) Caltrans or the Applicant must provide a writ - ten report to the Service by January 15, follow - ing completion of construction. The report must be submitted to the Service and must contain, at a minimum, the following information: a.

Fish Relocation — The report must include a description of the location from which fish were removed and the release site including photographs; the date and time of the relo - cation effort; a description of the equipment and methods used to collect, hold, and trans- port salmonids; if an electro shocker was used for fish collection, a copy of the log - book must be included; the number of fish relocated by species; the number of fish in - jured or killed by species; and a brief narra - tive of the circumstances surrounding ESA listed fish injuries or mortalities. b.

Turbidity Monitoring — The report must include turbidity measurements at 250 feet downstream of the bridge prior to, during, and following construction and remov - al of the construction pad; a description of the equipment (secchi disc, transparency tub, etc.) and methods to measure turbidity must be included; and, if any fish are pres - ent within 250 feet of the construction pad, a brief narrative of any behavioral chang - es observed during turbidity monitoring should also be provided.

A discussion of any unanticipated effects or unanticipated levels of effects on salmonids, a description of any and all measures taken to minimize those unanticipated effects, and a statement as to whether or not any unanticipated effects had any effect on ESA–listed fish; the number of salmonids killed or injured during Project construction; and photographs taken before, during, and after the activity from photo ref- erence points. 2) The Applicant shall ensure that monitoring and maintenance for LWD installation occurs, in - cluding examination after the first high–flow event and after one year to determine perfor - mance.

Maintenance needs that should be antic - ipated include replacement, re–anchoring, and removal of failed material. Additional salmonid sheltering habitat created by this effort is expect - ed to increase total salmonid juvenile counts by more than five individuals. The estimated cost is $10,000 for this effort.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 779 3) Caltrans or the Applicant must monitor turbid - ity 250 feet downstream of the bridge prior to, during, and following construction and remov - al of the construction pad. Behavioral changes of fish present during turbidity monitoring must also be recorded. The ITS and accompanying BO and BA require the Applicant to submit monitoring reports to the Service by January 15 of the year following construction of the Project. Although not a condition of the ITS and accompanying BO and BA, CDFW requests a copy of the monitoring reports as well.

The reports should in - clude dates construction occurred and the success of revegetation and restoration. Security The Project and the required mitigation are being funded by the Caltrans Local Assistance Program. Caltrans shall provide security, in compliance with the Master Funding Agreement entered into by CDFW and Caltrans on September 3, 2021, to ensure that it has adequate funding to complete the mitigation mea- sures described above. Conclusion Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CCC coho salmon provided the Applicant implements the Project as de - scribed in the ITS and accompanying BO and BA, in - cluding adherence to all measures contained therein, and complies with the mitigation measures and oth - er conditions described in the ITS and accompanying BO and BA.

If there are any substantive changes to the Project, including changes to the mitigation mea - sures, or if the Service amends or replaces the ITS and accompanying BO and BA, the Applicant shall be re - quired to obtain a new consistency determination or a CESA incidental take permit for the Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subdivisions (

b) and (c)). CDFW’s determination that the ITS and accompa - nying BO and BA are consistent with CESA is limited to CCC coho salmon. DEPARTMENT OF TOXIC SUBSTANCES CONTROL 30–DAY NOTICE OF MODIFIED TEXT AND A V AILABILITY OF ADDITIONAL DOCUMENTS AND INFORMATION SAFER CONSUMER PRODUCTS REGULATIONS — LISTING NAIL PRODUCTS CONTAINING TOLUENE AS A PRIORITY PRODUCT DEPARTMENT OF TOXIC SUBSTANCES CONTROL REFERENCE NUMBER: R–2019–04 OFFICE OF ADMINISTRATIVE LAW REFERENCE NUMBER: 2021–0921–06 NOTICE IS HEREBY GIVEN that the Department of Toxic Substances Control (DTSC) has made chang- es to the proposed regulatory text, amending title 22, California Code of Regulations,

section 69511 and adopting title 22, California Code of Regulations, sec- tion 69511.6. The modification to the proposed regu - lation would set an Alternatives Analysis Threshold (AAT) for nail products containing toluene at 100 parts per million (ppm) and describe the requirements related to submission of an AAT Notification. DTSC considers these new changes to the rulemaking to be “sufficiently related changes,” as defined in title 1, California Code of Regulations,

section 42. DTSC mailed the initial notice of proposed action for this rulemaking and provided links to these doc - uments for public review and comment on October 1, 2021. Written comments were accepted during the 45–day public comment period. WRITTEN COMMENT PERIOD A public comment period for the modified rulemak- ing has been established commencing on July 8, 2022 and closing on August 8, 2022. Statements, argu - ments, or contentions regarding the rulemaking and/ or supporting documents must be submitted in writing for them to be considered by DTSC before it adopts this regulation.

Only comments received in writing at the DTSC office on or before that date will be consid- ered. Any interested person(

s) or their authorized rep- resentative(

s) may submit written comments relevant to the proposed regulatory action to DTSC in either electronic or hard copy formats.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 780 Written comments may be submitted electron - ically through the SCP Information Management System, CalSAFER at: https://calsafer.dtsc.ca.gov/. Please direct questions or concerns about CalSAFER to Christine Papagni at 818–717–6541 or Christine. Papagni@dtsc.ca.gov. While DTSC prefers that comments be submitted through the CalSAFER system, interested persons may also submit their comments in an email to: SaferConsumerProducts@dtsc.ca.gov or through the DTSC regulations email address at regs@dtsc. ca.gov.

Written comments in hard–copy format can be directed to the Office of Legislation and Regulatory Review, as specified below: Office of Legislation and Regulatory Review Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812–0806 Fax Number: (916) 324–1808 Phone Number: (916) 322–4563 TTY/TDD/Speech–to–Speech users may dial 7–1–1 for the California Relay Service. CONTACT PERSONS Inquiries regarding technical aspects of the pro - posed regulation may be directed to Christine Papagni as specified above. However, such oral inquiries are not part of the rulemaking record.

A VAILABILITY OF MODIFIED TEXT AND ALL OTHER RULEMAKING DOCUMENTS Copies of the Notice of Proposed Action, Initial Statement of Reasons, all the information upon which its proposal is based, and the express terms of the pro- posed regulation (also known as the proposed regu - latory text), are posted to DTSC’s Internet website at https://dtsc.ca.gov/regs/ or may be obtained from the Office of Legislation and Regulatory Review, as spec- ified above. After the close of the comment period, DTSC may adopt the proposed regulation.

If substantial changes are made, the modified full text will be made avail - able for comment for at least 15 days prior to adoption. Only persons who request the specific proposed reg - ulation or provide written comments on this specific regulation will be sent a copy of the modified text if substantive changes are made. DTSC will prepare a Final Statement of Reasons that updates the Initial Statement of Reasons, summarizes how DTSC addressed comments, and includes other materials.

A copy of the Final Statement of Reasons will also be posted on DTSC’s Internet site at https:// dtsc.ca.gov/regs/ along with the date the rulemaking is filed with the Secretary of State and the effective date of the regulation. Please direct all written comments, procedural in - quiries, and requests for documents by mail, e–mail, or fax to the office of Legislation and Regulatory Review, as specified above.

To be included in this reg- ulation package’s mailing list and to receive updates of this rulemaking, please visit https://dtsc.ca.gov/ dtsc–e–lists/ and subscribe to the applicable e–list or e–mail: regs@dtsc.ca.gov. CHANGES TO PROPOSED REGULATIONS MADE AFTER THE 45–DAY COMMENT PERIOD Modified Regulatory Text The proposed regulatory text has been modified to add several new subsections to

section 69511.6 to set an AAT for toluene in nail products at 100 ppm. A de- tailed statement of reasons for these changes is pro - vided below. All other sections in the originally pro - posed regulatory text that are not listed below remain unchanged. A copy of the revised text is posted to DTSC’s Internet website at https://dtsc.ca.gov/regs/.

Changes to the regulatory text after the start of the rulemak - ing process contain the following formatting features: ● New language in the original regulations text is indicated by single underlining the text. ● Deleted language in the original regulations text is indicated by striking–out the text . ● Language that has been added since publishing the original notice of this proposed action is indi- cated by double–underlining text. ● Language that has been deleted since publishing the original notice of this proposed action is indi- cated by double–striking out the text .

General Overview and Background of the Modifications Pursuant to

section 69503.2(

b) of the Safer Consumer Products regulations, DTSC may iden - tify and list as a Priority Product one or more prod - uct–chemical combinations that it determines to be of high priority. DTSC’s decision to identify and list a product–chemical combination is based on an eval - uation of potential exposures and adverse impacts. DTSC proposes to identify nail products containing toluene — including nail coatings and nail polish thin- ners — as a Priority Product and set an AAT of 100 ppm for toluene in the Priority Product in accordance with

section 69503.5(c). Following the adoption of a Priority Product in regu- lation, manufacturers are required to submit a Priority Product Notification and determine whether they will conduct an Alternatives Analysis (AA). An AA is a

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 781 systematic process for evaluating the life cycle im - pacts of a Priority Product and any alternatives consid- ered. In lieu of submitting an AA Report, a manufac - turer may also remove the Chemical of Concern from the Priority Product, replace it with a safer alterna - tive, or stop selling the product in California.

Section 69505.1(

a) and

section 69505.4, subdivisions (b), (c), and (

d) identify the options a manufacturer must com- ply with in lieu of conducting an AA. Alternatively, if the concentration of the Chemical of Concern in the Priority Product does not exceed a set AAT level, the manufacturer may submit an AAT Notification in lieu of an AA, in accordance with

section 69505.3. This proposal has been modified to allow the man - ufacturer to submit an AAT Notification in lieu of an AA if the concentration of toluene in the Priority Product does not exceed the AAT level of 100 ppm.

DTSC is proposing to set an AAT for toluene in nail products at 100 ppm based on the following: ● DTSC’s goal in listing this Priority Product is to reduce the potential for nail salon workers and nail product consumers to be exposed to, and harmed by, toluene that is intentionally added in nail products as an ingredient. ● Data received in 2020 from nail product manu - facturers and other entitles indicated that toluene was present in nail products as a contaminant, re- sidual, or as an intentionally added ingredient. ● DTSC recently conducted analytical laborato - ry testing of 157 nail products and detected tolu - ene in 27 nail products at concentrations ranging from 31.4 ppm to 187,000 ppm.

These findings were consistent with the information from man - ufacturers reporting that toluene is in some prod - ucts as an intentionally added ingredient where it was found at high concentrations, and present in other products as a contaminant where it was found at much lower concentrations. ● During the regulatory 45–day public comment period, industry stakeholders requested that DTSC set an AAT above contaminant levels.

When toluene is present as a contaminant in nail products, the concentration is generally 100 ppm or lower, according to these commenters. ● Several other states have enacted laws requiring that manufacturers report products marketed to children that contain toluene and other specified chemicals above a contamination threshold of 100 ppm, including: ○ Oregon Toxic Free Kids Act; ○ Washington Children’s Safe Products Act; and ○ Vermont Chemicals of High Concern to Children Law.

DTSC is proposing to allow manufacturers of the Priority Product the option of demonstrating that their products qualify for the AAT Notification by providing testing data from ingredient suppliers. During adop - tion of the SCP framework regulations in 2012, DTSC stated, in responses to public comments related to the AAT, that it would not accept supplier declarations or certification of material content as a demonstration of a Priority Product meeting the AAT.

However, DTSC has determined that it is appropriate to allow manu - facturers, in this instance, to use information from suppliers if the manufacturer determines and certifies that the supplier meets specified reporting and analyt- ical requirements to measure the concentration of tol - uene in the supplied ingredients. DTSC believes it is appropriate to allow manufacturers to use information from suppliers for toluene in nail products due to tol - uene’s likely presence in nail product supply chain in- gredients at low concentration levels.

Section 69511.6(a). This

section has been modified to update the defi - nition “nail products containing toluene” to mean nail products containing toluene, including nail coat - ings and nail polish thinners that contain toluene as an added ingredient, a residual, or a contaminant. This change is necessary because any responsible entity that manufacturers, sells, imports, or assembles a nail product containing toluene as an added ingredient or as a known or suspected contaminant or residual is re- quired to submit a Priority Product Notification.

Section 69511.6(f). This

section has been modified to clarify that a manufacturer submitting an AAT Notification to re - quest an exemption from the Alternatives Analysis re- quirements must do so no later than the due date for the Preliminary AA Report, as indicated in

section 69505.3(a). This change is necessary to provide responsible en - tities with a time frame for complying with the notifi - cation and reporting requirements included in the SCP regulations.

Section 69511.6(g). This

section is added to the proposed regulatory text. This

section indicates that an AAT is being set at 100 ppm for toluene in nail products. Toluene may be present in nail products as an in - tentionally added ingredient, residual, or contaminant. The default AAT for a contaminant is the Practical Quantitation Limit (PQL), which is defined in sec - tion 69501.1(a)(52) as “the lowest concentration of a chemical that can be reliably measured within speci - fied limits of precision and accuracy using routine lab- oratory operating procedures.” DTSC may also set the AAT at a higher level, pursuant to

section 69503.5(c). DTSC was informed that, when toluene is present as

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 782 a contaminant in nail products, the concentration is generally 100 ppm or lower. Further, as noted earli - er, several other states with chemical ingredient dis - closure laws for children’s products have established a reporting threshold for toluene of 100 ppm. Based on these factors, DTSC has chosen to set the AAT for nail products at 100 ppm. If the concentration of toluene in a product does not exceed the AAT, the manufacturer of that product may submit an AAT Notification instead of an AA Report.

The AAT Notification may be submitted concurrently with the Priority Product Notification or afterwards, but not later than the due date for the Preliminary AA Report. If the manufacturer submits an AAT Notification, the manufacturer must also certify that it meets and will continue to meet the criteria and condi- tions that are the basis for the AA exemption. Add

Section 69511.6(h). This

section is added to the proposed regulatory text. This

section specifies the reporting requirements for a manufacturer submitting an AAT to demonstrate and certify that the concentration of toluene in a prod- uct does not exceed the AAT. This

section also pro - vides the sample preparation, analytical methods, in - strumentation, calibration, and quality control criteria that a testing laboratory must follow if a manufacturer chooses to submit laboratory testing results of the for- mulated Priority Product. This

section is necessary to ensure that manufac - turers who assert that they are exempt from AA re - quirements understand the reporting requirements. To this end, this

section specifies that a manufactur - er may submit certificates of analyses from ingredient suppliers along with calculations of the concentration of toluene in the formulated Priority Product or they may submit laboratory testing results that demonstrate the concentration of toluene in the Priority Product. This

section also specifies the laboratory criteria that must be met for measuring toluene in each Priority Product as well as the data submittal requirements. This

section provides the specific quality control re - quirements and documentation to be submitted with an AAT Notification. Additional Documents The following documents are added to the rulemak- ing file. Revised Initial Statement of Reasons (ISOR) This document has been revised to include rationale for setting an AAT, the potential economic impacts associated with the AAT, as well as some editorial changes to clarify some language and accurately re - flect the Safer Consumer Products Program.

Further, in response to a stakeholder comment provided during the 45–day comment period, some additional language was added to describe the requirements of the California Professional Cosmetics Labeling Law. Language that has been added to the ISOR since publishing the previously proposed regulatory text is indicated by double–underlining text .

Language that has been deleted from the ISOR since publishing the previously proposed regulatory text is indicated by double–striking out the text .) Revised Economic and Fiscal Impact Statement (STD 399) and Revised Economic and Fiscal Impact Analysis (attachment to STD 399) Note: Language that has been added to this docu - ment since publishing the previously proposed reg - ulatory text is indicated by double–underlining text .

Language that has been deleted from this document since publishing the previously proposed regulatory text is indicated by double–striking out the text .) These documents have been revised to include the potential economic impacts associated with the AAT. DTSC estimates that each manufacturer submitting an AAT Notification will invest a maximum of three hours at $42/hour to complete the notification and re - spond to questions from DTSC. Each manufacturer may develop AAT Notifications for up to, at most, 20 percent of their products.

Some of the larger manu - facturers possess product ingredient laboratory results produced and gathered onsite, while most manufactur- ers will obtain and transmit ingredient certificates of analyses of analyses from their suppliers. DTSC estimates the cumulative cost for all affected California manufacturers of nail products containing toluene to submit AAT Notifications and to respond to DTSC’s reviews of these submittals to be between $13,486 to $20,748.

DTSC estimates the maximum combined total costs to manufacturers for engaging in the develop - ment of Priority Product Notifications, AAs, and AAT Notifications will not exceed $3,376,000. Revised Product–Chemical Profile for Nail Products Containing Toluene. The Product–Chemical Profiles for Nail Products Containing Toluene has been updated to include tech- nical information about the presence of toluene as a contaminant in nail products. New language is indi - cated by red, single underlined text. Deleted language is indicated by red, strikethrough text . The document is cited as follows: DTSC

(2022) Revised Product– Chemical Profile for Nail Products Containing Toluene.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 783 PETITION DECISION STATE WATER RESOURCES CONTROL BOARD DECISION ON PETITION TO AMEND THE BAY–DELTA PLAN AND INITIATE A RULEMAKING TO REGULATE ALL RECOGNIZED RIGHTS TO BAY–DELTA WATER On May 24, 2022, the State Water Resources Control Board (State Water Board), received a Petition to adopt, amend, or repeal a regulation, pursuant to Government Code

section 11340.6, from Mills Legal Clinic at Stanford Law School on behalf of the Winnemem Wintu Tribe, Shingle Springs Band of Miwok Indians, Save California Salmon, Little Manila Rising, and Restore the Delta (collectively “Petitioners”).

Petitioners request that the State Water Board (1) immediately undertake and timely complete review of water quality standards in the Water Quality Control Plan for the San Francisco Bay/Sacramento–San Joaquin Delta Estuary (Bay–Delta Plan); (2) engage in meaningful government–to–government consultation with affected tribes and center opportunities for mean- ingful public participation by other impacted Delta communities in the review and revision process; (3) revise beneficial uses in the Bay–Delta Plan to incor - porate tribal beneficial uses and non–tribal subsistence fishing beneficial uses; (4) issue new and revised water quality standards adequate to protect the full range of beneficial uses and public trust interests; and (5) ini - tiate a rulemaking to regulate all recognized rights to Bay–Delta water — including pre–1914 appropriative rights — and limit water diversions and exports to lev- els consistent with the revised water quality standards.

In accordance with Government Code

Section 11340.7, subdivision (a), this document serves as the State Water Board’s response to the petition. PROVISIONS OF CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED The Petition does do not identify specific provisions in the California Code of Regulations that Petitioners are requesting be adopted, amended, or repealed. Petitioners are requesting changes to the Bay–Delta Plan and that the State Water Board initiate a rulemak- ing to regulate all recognized rights to Bay–Delta water.

The State Water Board notes that when amendments to the Bay–Delta Plan were adopted in 2018 to update Lower San Joaquin River flows and southern Delta sa- linity requirements, those amendments were summa - rized in California Code of Regulations, title 23, sec - tion 3002.1 and conforming amendments were made to California Code of Regulations, title 23,

section 3002, summarizing the previous amendments to the Bay–Delta Plan in 2006. REFERENCE TO AUTHORITY TO TAKE THE REQUESTED ACTION The federal Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter–Cologne Water Quality Control Act (Water Code, § 13000 et seq.), the public trust doctrine (Nat. Audubon Society v. Super. Ct. (1983) 33 Cal.3d 419), and state prohibitions on the waste or unreason - able use of water or unreasonable method of diversion (Cal. Const.,

article X, § 2; Water Code §§ 100, 275, 1050, 1831 and 85023.) AGENCY DETERMINATION The petition is denied. REASONS SUPPORTING THE AGENCY DETERMINATION The State Water Board is committed to complet - ing a review of water quality standards in the Bay– Delta. In 2018, the State Water Board updated the Bay–Delta Plan to (1) provide reasonable protection of fish and wildlife beneficial uses in the Lower San Joaquin River and its three eastside tributaries, the Stanislaus, Tuolumne, and Merced Rivers; and (2) pro- vide reasonable protection of agricultural beneficial uses in the southern Delta.

Water quality control plans are not self–implementing. The State Water Board must assign responsibility for implementation to wa - ter right holders and claimants. This will require the State Water Board to undergo a water quality or water right proceeding including preparing the appropriate level of environmental review tiering from the State Water Board’s adopted substitute environmental doc - ument for the 2018 update. In addition, the State Water Board is preparing a Staff Report to support an update to the Bay–Delta Plan for the Sacramento River and its tributaries and the Interior Delta and its tributaries.

The State Report will present options for updating the Bay–Delta Plan and include the environmental analy - sis to support those options, among other information. The State Water Board acknowledges one or more Voluntary Agreements (VAs) could be elements of a Bay–Delta Plan update. Voluntary Agreements would be stakeholder proposed flows and complimentary ac- tions, such as habitat restoration, to help reasonably

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 784 protect fish and wildlife beneficial uses.

In the State Water Board Resolution adopting the 2018 Bay–Delta Plan update, the State Water Board recognized there were “ongoing negotiations between interested stake - holders and various other state agencies to achieve [VAs] to implement the Plan Amendments” and that “robust [VAs] can help inform and expedite imple - mentation of the LSJR flow objectives and provide du- rable solutions in the Bay–Delta watershed while also providing reasonable protections for fish and wildlife.” (State Water Board Resolution Number 2018–0059 at page 5.) However, there is no final State Water Board decision on VAs and those efforts do not preclude fur- ther progress on amending the Bay–Delta Plan.

The State Water Board is denying your request to initiate a rulemaking to regulate all recognized rights to Bay–Delta Water. The State Water Board’s ongoing rulemaking efforts and subsequent development and implementation of water quality standards will allow the State Water Board to better limit water diversions and exports to levels in compliance with those stan - dards. As state above, the State Water Board will im - pose enforceable obligations to implement the water quality objectives in future proceedings involving the specific exercise of the State Water Board’s water right or water quality authority.

A rulemaking remains one option to implement the 2018 Bay–Delta Plan update, but no final decision has yet been made as to whether to proceed with a regulation, a different option such as a water right proceeding, or a combination of options. The State Water Board is committed to mean - ingful engagement with representatives of affect - ed tribes in the Bay–Delta watershed, including the Winnemem Wintu Tribe and Shingle Springs Band of Miwok Indians; however, a request for government– to–government consultation is outside of the scope of a rulemaking petition.

In addition, the State Water Board is interested in continued dialogue with Tribes regarding the request to revise beneficial uses in the Bay–Delta Plan to incorporate tribal beneficial uses and non–tribal subsistence fishing beneficial uses but cannot commit to undergoing a rulemaking prior to understanding the full scope and application of such a request.

DEPARTMENT CONTACT PERSON Please direct any inquiries regarding this action to: Tina Cannon Leahy, Staff Counsel IV Office of Chief Counsel State Water Resources Control Board 1001 I Street, 22nd Floor Sacramento, CA 95814 Tina.Leahy@waterboards.ca.gov NOTICE TO INTERESTED PERSONS Any interested persons have the right to obtain a copy of the petition that is the subject of this decision by sending a request to the State Water Board contact person listed in this notice. DATE OF DECISION June 24, 2022

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

Board of Vocational Nursing and Psychiatric Technicians File # 2022–0616–03 Program Approval Process This action amends the regulations on the approval process for nursing programs and psychiatric techni - cian programs (16 CCR §§ 2525, 2526, 2580 and 2581.) It also adopts new regulations regarding the fees asso- ciated with the approval process for these programs (16 CCR §§ 2537.2 and 2590.2.) Title 16 Adopt: 2537.2, 2590.2 Amend: 2525, 2526, 2580, 2581 Filed 06/27/2022 Effective 06/27/2022 Agency Contact: Doris Pires (916) 263–7864 Dental Board of California File # 2022–0613–01 Dentists Initiating and Administering Vaccines Assembly Bill 526 (Stats. 2021,

Chapter 653) au - thorized a dentist, if the dentist complies with speci - fied requirements, to independently prescribe and ad - minister influenza and COVID–19 vaccines approved or authorized by the United States Food and Drug Administration for persons three years of age or old - er, as specified. In this deemed emergency pursuant to Business and Professions Code

section 1625.6, the Dental Board of California is adopting regulations to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 785 implement these provisions, including requirements pertaining to training, recordkeeping, and reporting. Title 16 Adopt: 1066 Filed 06/23/2022 Effective 06/23/2022 Agency Contact: Lawrence Bruggeman (916) 263–2027 Education Audit Appeals Panel File # 2022–0616–05 Audits of K–12 LEAs — FY 2022–23 This emergency rulemaking action adopts the “Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting” for the 2022–2023 fiscal year.

Title 05 Amend: 19810 Filed 06/27/2022 Effective 06/27/2022 Agency Contact: Mary Kelly (916) 445–7745 Department of Public Health File # 2022–0620–01 Industrial Hemp Fees The Department of Public Health submitted this emergency file and print action to adopt industrial hemp regulations to implement registration and fees for hemp manufacturers including those producing hemp extract, inhalable hemp as well as those produc- ing hemp human food, processed pet food, and cos - metics. This action is exempt from OAL review pursu- ant to Health and Safety Code

section 110065(c). Title 17 Adopt: 23200, 23205, 23210, 23215, 23220, 23225, 23230, 23235 Filed 06/28/2022 Effective 07/05/2022 Agency Contact: David Martin (916) 440–7673 Department of Social Services File # 2022–0620–04 Annual Redeterminations Assembly Bill 79 2020 This action by the Department of Social Services readopts the changes previously filed in OAL File Number 2021–1223–01EFP, which amended the Manual of Policies and Procedures to update the an - nual CalWorks eligibility redetermination procedure. This action was submitted to OAL as a deemed emer- gency exempt from OAL review pursuant to

section 96 of Assembly Bill 79 (Chapter 11, Stats. 2020). Title MPP Amend: 40–103, 40–181, 44–113 Filed 06/29/2022 Effective 07/06/2022 Agency Contact: Kenneth Jennings (916) 651–8862 Department of Corrections and Rehabilitation File # 2022–0608–01 Release Allowances This Emergency by Operational Necessity amends the method of issuance of release allowances for eligi- ble individuals.

Title 15 Amend: 3000, 3075.2 Filed 06/28/2022 Effective 06/28/2022 Agency Contact: Renee Rodriguez (916) 445–2220 Board of Parole Hearings File # 2022–0617–02 Proceedings Conducted In Person and By Videoconference This emergency rulemaking action by the Board of Parole Hearings readopts regulations originally adopt- ed in emergency action Number 2021–0917–01, and modified in action Number 2022–0317–01, that estab- lish procedures for conducting parole hearings and other proceedings by videoconference pursuant to Penal Code

section 3041.6. Title 15 Adopt: 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064 Filed 06/27/2022 Effective 06/27/2022 Agency Contact: Mina Y.

Choi (916) 322–6729 Fish and Game Commission File # 2022–0623–01 Recreational Sub–bag Limits for Vermilion, Copper & Quillback Rockfish This emergency action readopts without change emergency adjustments to the sub–bag limits for quillback, copper, and vermilion rockfish in the rec - reational groundfish fishery (zero to three miles off - shore) for 2022 so as to be consistent with Pacific Fishery Management Council regulations published in the Federal Register on January 6, 2022, for these spe- cies in waters between three and 200 miles offshore.

Title 14 Amend: 28.55 Filed 06/29/2022 Effective 07/06/2022 Agency Contact: Sherrie Fonbuena (916) 902–9284

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 786 Department of Housing and Community Development File # 2022–0513–02 Income Limits This action sets income limits for households of varying sizes used to determine eligibility for de - partment programs. This filing is exempt from the Administrative Procedure Act pursuant to Health and Safety Code

section 50093. These regulations are ef - fective 5–13–2022 pursuant to Health and Safety Code

section 50093.

Title 25 Adopt: 6932 Repeal: 6932 Filed 06/27/2022 Effective 05/13/2022 Agency Contact: Tom Brinkhuis (916) 776–7707 Department of Resources Recycling and Recovery File # 2022–0526–03 Covered Electronic Waste Recovery and Recycling Payment Rates This action by the Department of Resources, Recycling and Recovery (CalRecycle) amends the payment rates for recovering and recycling covered electronic waste and is submitted to OAL for filing and printing only as exempt from the Administrative Procedure Act pursuant to the exemption for regula - tions that establish or fix rates (Government Code sec- tion 11340.9(g)).

Title 14 Amend: 18660.24, 18660.25, 18660.33, 18660.34 Filed 06/27/2022 Effective 07/01/2022 Agency Contact: Irina Kaminer (916) 341–6396 Commission on Peace Officer Standards and Training File # 2022–0517–01 Update POST–Certified Requalification Course Hour Requirement, Training and Testing Standards Revision Date This change without regulatory effect filing by the Commission on Peace Officer Standards and Training (POST) updates the required instructional hours for the requalification course to align with the required instructional hours specified in the Training and Testing Specifications for Peace Officer Basic Courses document incorporated by reference.

This action also updates the incorporation by reference revision date for the Training and Testing Specifications for Peace Officer Basic Courses document. Title 11 Amend: 1005, 1059 Filed 06/29/2022 Agency Contact: Jennifer Hardesty (916) 227–3917 California Gambling Control Commission File # 2022–0512–01 180–Day Extension In response to changes made by Senate Bill 819 (Stats. 2021,

chapter 553), this action adds additional types of renewal applications for which the California Gambling Control Commission may provide exten - sions of up to 180 calendar days in the event that the Commission is unable to act on the application prior to the expiration date. Title 04 Amend: 12054 Filed 06/23/2022 Effective 10/01/2022 Agency Contact: Josh Rosenstein (916) 274–5823 Commission on Peace Officer Standards and Training File # 2022–0519–03 Commission Regulation 1081 — Campus Law Enforcement Course This action amends the Campus Law Enforcement Course requirements to modernize terminology and curriculum.

Title 11 Amend: 1081 Filed 06/23/2022 Effective 10/01/2022 Agency Contact: Stephen Crawford (916) 227–4957 Department of Fish and Wildlife File # 2022–0516–02 Form DFW901 Declaration of Importation The Department of Fish and Wildlife is creating a newly incorporated form to allow the public to declare legal fishing and hunting take from outside California as it is brought into the state.

Title 14 Adopt: 712.5 Filed 06/28/2022 Effective 07/01/2022 Agency Contact: Mike Randall (916) 902–9109 Department of Motor Vehicles File # 2022–0413–01 Traffic Violator Schools This action amends regulations to define “regular business hours” and create a standard for measuring

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 27-Z 787 distances between traffic violator schools for purposes of Vehicle Code

section 11202(a). Title 13 Amend: 345.50 Filed 06/27/2022 Effective 07/01/2022 Agency Contact: Randi Calkins (916) 282–7294 Division of Labor Standards Enforcement File # 2022–0121–04 Assessment of Civil Penalties for Retaliation This action adopts standards for the reduction of $10,000 civil penalties assessed against employers by the Division of Labor Standards Enforcement for vio- lations of retaliation laws that are within the Division’s jurisdiction. The action also defines a term, establish - es the burden of proof, and specifies joint and several liability for penalties.

Title 08 Adopt: 13900, 13901, 13902, 13903 Filed 06/29/2022 Effective 10/01/2022 Agency Contact: Dorothy Chang (213) 576–7722 Board of Psychology File # 2022–0127–01 Continuing Professional Development In this regular rulemaking, the Board of Psychology is amending continuing education guidelines and re - quirements that must be completed by a licensee as a condition of renewal or reactivation of their license.

Title 16 Adopt: 1397.60.1, 1397.61.1, 1397.62.1, 1397.67.1 Amend: 1381.9, 1397.60, 1397.61, 1397.62, 1397.67 Filed 06/29/2022 Effective 10/01/2022 Agency Contact: Jason Glasspiegel (916) 574–7137 Department of Alcoholic Beverage Control File # 2022–0620–02 Drawing for Priority of Obtaining Limited General Licenses This action by the Department of Alcoholic Beverage Control adopts regulations to establish pro - cedures for drawings for priority of obtaining limited general alcoholic beverage licenses.

Title 04 Adopt: 69, 69.1, 69.2, 69.3, 69.4 Filed 06/29/2022 Effective 06/29/2022 Agency Contact: Robert de Ruyter (916) 419–8958 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.