GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 49-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW D ECEMBER 3, 2021 PROPOSED ACTION ON REGULATIONS TITLE 2. DEP ARTMENT OF FINANCE Conflict–of–Interest Code — Notice File Number Z2021–1119–02 ........................................ 1653 TITLE 3. DEP ARTMENT OF FOOD AND AGRICULTURE Marking Requirements — Cage–Free Eggs — Notice File Number Z2021–1122–02 .......................... 1653 TITLE 4.

AL TERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY Sales and Use Tax Exclusion Program — Notice File Number Z2021–1123–03 .............................. 1656 TITLE 4. HEAL TH FACILITIES FINANCING AUTHORITY Investment in Mental Health Grant Program for Children/Youth — Notice File Number Z2021–1122–01 ......... 1661 TITLE 8. OCCUP ATIONAL SAFETY AND HEALTH STANDARDS BOARD Applications for Permanent Variances,

Section 411 — Notice File Number Z2021–1118–02 .................... 1664 TITLE 11. DEP ARTMENT OF JUSTICE Precursor

Part Vending Licensing — Notice File Number Z2021–1119–01 ................................. 1667 TITLE 15. DEP ARTMENT OF CORRECTIONS AND REHABILITATION Inmate Housing and Program (Sensitive Needs Yard/ Non–Designated Programming Facility) — Notice File Number Z2021–1110–02 .......................................... 1670 TITLE 15. DEP ARTMENT OF CORRECTIONS AND REHABILITATION Religious Personal Property — Notice File Number Z2021–1118–01 ...................................... 1673 TITLE 18.

FRANCHISE TAX BOARD Conflict–of–Interest Code — Notice File Number Z2021–1117–01 ........................................ 1676 TITLE 22. EMERGENCY MEDICAL SERVICES AUTHORITY Community Paramedicine/Alternate Decision — Notice File Number Z2021–1123–01 ........................ 1676 (Continued on next page) Time- Dated Material

GENERAL PUBLIC INTEREST OFFICE OF ADMINISTRATIVE LAW Notice of Change of Date of Regulatory Hearing and Extension of Written Comment Period Concerning Electronic Submission of Notices of Proposed Action, Regulatory Actions, and Changes Without Regulatory Effect . . . . . . . . . .1680 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Lower Flynn Creek Infiltration Pilot Project (Tracking Number: 1653–2021–084–001–R1) Mendocino County ........................................ 1681 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Strawberry Creek at Clam Beach Fish Passage Improvement Project (Tracking Number: 1653–2021–085–001–R1) Humboldt County ................ 1682 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Cultivation Project at 7369 Highway 246 (Tracking Number: 2080–2021–013–05) Santa Barbara County .............................. 1682

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1683 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 http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1653 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2. DEPARTMENT OF FINANCE NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE DEPARTMENT OF FINANCE NOTICE IS HEREBY GIVEN that the Department of Finance pursuant to the authority vested in it by sec- tion 87306 of the Government Code, proposes amend- ment to its conflict–of–interest code.

A comment pe - riod has been established commencing on December 3, 2021 and closing on January 17, 2022. All inquiries should be directed to the contact listed below. The Department of Finance proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include changes in assigned reporting categories. The chang - es will bring the conflict–of–interest code current with the existing organizational structure of the Department of Finance. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than January 17, 2022, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than January 2, 2022. The Department of Finance has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Larissa Stockton, Chief of Administrative Services, 916–445–3368 x3402, larissa.stockton@dof.ca.gov. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE DIVISION 3. ECONOMICS

CHAPTER 1. FRUIT AND VEGETABLE STANDARDIZATION SUBCHAPTER 3. EGGS

SECTION 1354. MARKING REQUIREMENTS NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) proposes to amend the proposed regulations described below after considering all comments, objections, and recommendations regarding the proposed actions. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Department. Comments may also be submitted via facsimile (FAX) at (916) 900–5334 or by e–mail to michael.abbott@ cdfa.ca.gov. The written comment period begins on December 3, 2021 and closes on January 17, 2022. The Department will consider only comments received at the Department by that time. Submit comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1654 Michael Abbott, Supervising Environmental Scientist Meat Poultry and Eggs Safety Branch California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900–5062; Fax: (916) 900–5334 AUTHORITY AND REFERENCE Food and Agricultural Code (FAC)

section 14 authorizes the Department to adopt rules and regulations in accordance with the Administrative Procedure Act. Additional authority vested in the FAC grants the Department Secretary the authority to amend or repeal rules and regulations. FAC

section 407 authorizes the Secretary of the Department to adopt such regulations as are reasonably necessary to carry out the provisions of the FAC which the Secretary is directed or authorized to administer or enforce. FAC

section 27531 specifies, in part, that the director may adopt regulations relating to the preparation for market and marketing of shell eggs as they determine are reasonably necessary to carry out the purposes of the

chapter including the requirements for marking containers, displays and advertising of eggs sold in California, or any other matter necessary to accomplishment the purpose of this

chapter FAC

section 27521 specifies, in part, that the purpose of the

chapter is to ensure the orderly marketing of shell eggs in a uniform manner and to prevent the marketing of deceptive or mislabeled containers of eggs. FAC

section 27573 specifies the purposes of the Shell Egg Food Safety Committee which include the quality of shell eggs and uniformity of inspection. FAC

section 27631 provides that it is unlawful to violate any provision of the

chapter or any regulation adopted pursuant to it. FAC

section 27637 provides, in part, that it is unlawful for any person to make any statement about the quality, size, weight, source, origin, or any other matter relating to eggs which is false, deceptive or misleading. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action proposed to amend the California Code of Regulations (CCR), Title 3, Division 3,

section 1354. Specifically, this rulemaking action clarifies and makes specific the requirements to label consumer containers of eggs as “cage free”. The Department’s Egg Safety and Quality Management (ESQM) Program is responsible for the regulatory authority for shell eggs and egg products produced, shipped, or sold in California. This includes the marketing and truth in labeling of shell eggs or egg products.

Benefits of the Proposed Action: This proposed regulatory action will assure the Consumers of California that when they purchase eggs that are labeled “cage free” that they meet minimum standards outlined in the cage free definition. Producers will have a consistent standard applied equally across the industry for eggs sold to California consumers. CONSISTENCY EVALUATION The Department has determined that this proposed regulatory action is not inconsistent with existing regulations.

After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the marketing of shell eggs. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or Savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with the Government Code

section 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None Cost impacts on a representative private person or business: The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. This is more consistent with the Administrative Procedure Act (APA) language of Government Code

section 11346.5(a)(9). RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Department concludes that it is: (1) likely that the proposal will not create or eliminate jobs and not eliminate existing business; (2) likely that this proposal will not create new business or expand current business opportunities; (3) likely that this proposal will not lead to the expansion of businesses currently doing business within the state;

(4) Also, enhanced

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1655 enforcement activities will protect consumers and the industry, and assure that they are provided an accurate and standardized definition of “cage free”. Finally, this proposed rulemaking will have no impact on the general public, protection of public health and safety, worker safety or the environment. Significant effect on housing costs: None. SMALL BUSINESS DETERMINATION The Department has initially determined that the proposed changes to the regulations would have no significant impact directly affecting small businesses.

These regulations do not require any additional costs or outputs for small businesses. These regulations do not establish any new limitations on small businesses. All egg producers would be operating under the same regulatory structure with regards to the regulatory changes. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The alternative to not pursue this regulatory action would result in deceptive or fraudulent labeling and an unfair marketing of the eggs. The adoption of a different definition from the one proposed here could cause conflict and confusion as this definition supports the most common understanding of cage free.

CONTACT PERSONS Michael Abbott, Supervising Environmental Scientist Department of Food and Agriculture Animal Health & Food Safety Services Meat, Poultry, and Egg Safety Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900–5103 E–mail: michael.abbott@cdfa.ca.gov The backup contact person is: Andrew Halbert, Staff Services Manager Department of Food and Agriculture Animal Health & Food Safety Services 1220 N Street, Sacramento, CA 95814 Telephone: (916) 900–5372 E–mail: andrew.halbert@cdfa.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reason, the modified text of the regulation, if any, or other information upon which the rulemaking is based to Michael Abbott at the above address.

A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the rulemaking file available for inspection and copying throughout the rulemaking process at its office at: 2800 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. Copies may be obtained by contacting Michael Abbott at the address or phone number listed previously.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed regulations substantially as described in this notice. If the Department makes modifications, which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Maria Tenorio at the address listed above.

The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Michael Abbott at the address listed previously. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1656 regulations in underline and strikeout can be accessed through the Department’s website at: http://www.cdfa. ca.gov/ahfss/regulations.html TITLE 4. ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY NOTICE IS HEREBY GIVEN that the California Alternative Energy and Advanced Transportation Financing Authority (“CAEATFA” or the “Authority”) proposes to amend Sections 10031 through 10036 of

Article 2, Division 13, Title 4 of the California Code of Regulations concerning the implementation of the Sales and Use Tax Exclusion Program after consider - ing all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action.

However, a public hearing will be held if any interested person, or his or her duly au - thorized representative, requests a public hearing to be held relevant to the proposed action by submitting a written request to the Agency Contact Person iden - tified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulations to the Authority. The written comment period for the proposed regulations ends on January 18, 2022.

All comments must be submitted in writing to the Agency Contact Person identified in this Notice by that time in order for them to be consid- ered by the Authority. In the event that substantial changes are made to the regulations during the written comment peri - od, the Authority will also accept additional written comments limited to any changed or modified reg - ulations for fifteen (15) calendar days after the date on which such regulations, as changed or modified, are made available to the public pursuant to Title 1,

Chapter 1,

Article 2,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AUTHORITY AND REFERENCE Authority: Public Resources Code (PRC) Sections 26009 and 26011 .8 . Revenue and Taxation Code

Section 6010 .8. Public Resources Code

Section 26009 authorizes CAEATFA to adopt necessary regulations relating to its authority established by the Act, and Public Resources Code

Section 26011.8 provides the authority to develop the Sales and Use Tax Exclusion Program. Revenue and Taxation Code

Section 6010.8 provides CAEATFA the ability to provide financial as- sistance in the form of a sales and use tax exclusion. Reference:

Section 26011 .8 of the Public Resources Code . This regulation will implement, interpret, and make specific

Section 26011.8 of the Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Alternative Energy and Advanced Transportation Financing Authority Act establish - es the California Alternative Energy and Advanced Transportation Financing Authority (“CAEATFA”) and requires CAEATFA to establish programs to pro- vide Financial Assistance to Participating Parties for Projects related to alternative energy sources and ad - vanced transportation.

Existing law authorizes CAEATFA to provide a sales and use tax exclusion (“STE”) to certain types of manufacturers and recyclers to promote the creation of California–based manufacturing, California–based jobs, advanced manufacturing, the reduction of green- house gases, or reductions in air and water pollution or energy consumption. (PRC

Section 26011.8(a).) Existing law specifies criteria by which CAEATFA shall evaluate Project Applications, including the ex - tent to which the Project will create new, permanent full–time jobs in California; the extent of unemploy - ment in the area in which the Project is proposed to be located; and, to the extent feasible, the extent to which the Project, or the product produced by the Project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy effi - ciency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation; and any other factors the Authority deems appropri - ate in accordance with

Section 26011.8. (PRC

Section 26011.8(d).) In October 2019, Governor Newsom signed into law Assembly Bill 176 (Cervantes,

Chapter 672, Statutes of 2019), which adds to the Application evaluation cri- teria the extent to which a Project will result in the loss of permanent, full–time jobs in California, including the average and minimum wage for each classification of full–time employees proposed to be hired or not retained. Existing law also limits the amount of STE CAEATFA may grant for each calendar year to $100 million. (PRC

Section 26011.8(h).) Existing Program regulations establish eligibility and evaluation criteria by which Applications are re -

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1657 viewed in accordance with PRC

Section 26011.8(d). Current Program regulations provide that CAEATFA will accept Applications on a rolling, first–come– first–serve basis until the Program becomes oversub - scribed, and that the Board may limit the number of meetings at which Applications will be considered. As part of the Application, existing Program regula - tions require Applicants to submit information on the Applicant’s business, the proposed Project, and the product(

s) to be manufactured. Previous STE Program regulations limited Applicants to receiving $20 million in STE per cal - endar year based on the average statewide sales and use tax rate at the time of application. If any STE from the $100 million cap was available at the end of the calendar year after all Applications submitted for that calendar year had been considered, capped Applicants were able to submit a revised Application for consider- ation by CAEATFA to seek additional STE.

Previous STE Program regulations required that any STE re - maining from the $100 million cap be split evenly among Applicants CAEATFA approved to receive ad- ditional STE. Now, existing STE Program regulations establish a competitive process whereby Applications are ranked based on specific criteria to determine the order of pri- ority for consideration by CAEATFA if the Program becomes oversubscribed in a given month. Existing STE Program regulations require approved Applicants to execute a Regulatory Agreement with CAEATFA that sets out the terms of using the award.

Previous STE Program regulations required ap - proved Applicants to purchase at least 15% of the total Qualified Property amount approved within one year of approval and did not provide the CAEATFA Board the ability to waive or extend this requirement. Existing STE Program regulations require Applicants to pay fees to cover the cost of reviewing Applications and administering the Program. Previous regulations required Applicants to pay a $500 fee for requests for the CAEATFA Board to modify the Regulatory Agreement or authorizing resolution.

For the first time in STE Program history, CAEATFA exhausted the $100 million STE cap by the July 2019 Board meeting rather than the December CAEATFA Board meeting. Also for the first time, the Program’s Competitive Criteria were used to determine which Applicants would be considered. Given the limited resources and recent competitive nature of the STE Program, the CAEATFA Board requested that Staff re–evaluate Program goals and priorities to determine how best to effectuate the purpose of the Program. Additionally, Staff had been identifying lessons learned throughout Program implementation.

At the November 19, 2019, CAEATFA Board meet- ing, Staff presented proposed amended regulations reflecting feedback from the CAEATFA Board and Staff’s stakeholder outreach. The modified regulations made incremental changes to address more immediate STE Program priorities at the time, while reserving some of the more complex issues for when Staff could take more time to solicit input and thoughtfully con - sider the issues and policy trade–offs.

After the initial emergency regulations were ap - proved by the Office of Administrative Law and be - came effective on December 16, 2019, CAEATFA began accepting STE Applications for the 2020 cal - endar year. By the first application deadline, the STE Program was oversubscribed for the 2020 calendar year. In March 2020, the CAEATFA Board approved 18 Applications, fully awarding the $100 million in STE. Six Applicants requesting approximately $10 million in STE remained on the waitlist.

Subsequently, the COVID–19 pandemic spread throughout the world, affecting purchase timeframes, financing, feedstock supply, revenue, construction, and operations for previously approved Applicants. However, the ultimate market impact of the COVID–19 pandemic remains unknown. Given the significant STE Program and market changes since the December 2019 emergency regula - tions first took effect, CAEATFA conducted addition- al stakeholder outreach and discussions to determine what lessons learned could be applied to the regula - tions going forward.

Proposed amended regulations reflecting feedback from the CAEATFA Board and Staff’s stakeholder outreach were presented and ap - proved by the CAEATFA Board at the September 15, 2020, CAEATFA Board meeting. The December 2019 emergency regulations expired on October 15, 2020. The September 2020 proposed Emergency Regulations addressed the STE Program’s oversub - scription for the last three years, addressed the unprec- edented economic impact of the COVID–19 pandem - ic, and incorporated the lessons learned from program implementation.

After the September 2020 Emergency Regulations took effect on November 4, 2020, CAEATFA began accepting Applications for consideration in calendar year 2021. CAEATFA received 31 Applications by the first deadline of November 20, 2020, for consideration in January 2021, requesting over $102 million in STE. Given the number of Applications received and the time needed to implement the different pools of STE and the competitive process, the first Applications were considered at the March 2021 CAEATFA Board meeting.

At the March 2021 CAEATFA Board meeting, the CAEATFA Board approved 29 Applications, leav - ing an estimated STE value of $7,020,745 in the STE Program’s general pool. The Applications consid - ered in March resulted in an oversubscription of the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1658 $20 million in STE set–aside for small Projects re - questing $2 million or less in STE and a competitive process for that particular pool. The general pool of STE was not oversubscribed based on the complete Applications received by the deadline for consider - ation, and, therefore, all Applications under that pool were brought before the CAEATFA Board in order of receipt.

Subsequently, one of the Applicants ap - proved in March 2021 did not move forward with a Regulatory Agreement with CAEATFA, restoring $433,011 in STE to the Small–Project Pool. After the March 2021 CAEATFA Board meeting, CAEATFA had eight Applications in the queue for the remaining 2021 calendar year STE. The remaining STE was awarded to three Applicants at the May 2021 CAEATFA Board meeting.

Based on the amount of STE available in both the Small–Project Pool and the general pool, the two complete Applications received by the December 2020 application deadline were con- sidered in order of receipt, with one of the Applicants receiving the remaining STE from the Small–Project Pool. The two Applications received by the January 2021 application deadline were ranked based on the Competitive Criteria, and the Application with the greater point–score was the third and final Application considered at the May 2021 CAEATFA Board meet - ing.

CAEATFA has continued to accept Applications for the 2021 calendar year waiting list, which current- ly has 15 applications requesting approximately $56 million in STE. CAEATFA Staff assessed the benefits and challeng- es of the regulations modifications, and at the October 19, 2021, CAEATFA Board meeting, the Authority approved modified regulations to improve and stream- line the STE Program administration and incorporate lessons learned from Program implementation.

The proposed regulations address the Program’s oversubscription for the last three years, the unprece - dented economic impact of the COVID–19 pandemic, implement the statutory changes under AB 176, and incorporate lessons learned from Program implemen - tation. The proposed amendments and objectives for each modification are described below. These regulations incorporate proposed regula - tions that were initially adopted under the emergency regulation process on November 4, 2020 (OAL File Numbers 2020–1026–02(

E) and 2021–0820–04(EE)), as well as modifications that were approved at the October 19, 2021, CAEATFA Board meeting. The proposed regulations will allow the Authority to continue to offer Financial Assistance to Alternative Source, Advanced Transportation, Advanced Manufacturing, and Recycled feedstock Projects. By promoting these types of Projects the Authority pro - motes California–based manufacturing, California– based jobs, the reduction of greenhouse gases, and the reduction of air and water pollution or energy consumption.

Anticipated Benefits of the Proposed Regulation The broad objective of the regulation is to allow the Authority to continue to offer Financial Assistance to Alternative Source, Advanced Transportation, Advanced Manufacturing, and recycling Projects. By promoting these types of Projects the Authority pro - motes California–based manufacturing, California– based jobs, the reduction of greenhouse gas emissions, and the reduction of air and water pollution and ener - gy consumption. Evaluation of Inconsistency/Incompatibility with Existing State Regulations Government Code

Section 11346.5(a)(3)(

D) requires that the notice of emergency rulemaking include, “[an] evaluation of whether the proposed regulation is inconsistent or incompatible with existing state regulations.” CAEATFA ’s Staff reviewed the California Code of Regulations and found no existing regulations dealing with this issue. Therefore, CAEATFA believes that the proposed regulation is neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the Authority has made the following determinations regarding the effect of the regulations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The proposed regulations increase Program fees to help cover the costs of ongoing Program operations and maintenance. Current regulations provide that the Application Fee is not refundable unless an Application is not reviewed by Staff due to the STE Program being oversubscribed.

Because the proposed regulations switch the STE Program to specific application periods that will enable CAEATFA to know whether the Program is oversubscribed before a subsequent application period, CAEATFA will no longer accept Applications if there is no STE available to award. Therefore, all Applications will at least be reviewed to determine Competitive Criteria scores. Determining the Competitive Criteria score of an Application requires Staff to review the Qualified Property list, estimated number of employees, and production– related information provided in the Application.

To reflect the amount of time spent on this initial review of the Application, the proposed regulations provide that 75% of the Application Fee will be refunded if the Application is (1) reviewed to only determine its Competitive Criteria ranking and (2) not fully reviewed

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1659 by Staff due to the Applicant’s Competitive Criteria ranking and the oversubscription of the Statutory Cap. Current regulations require an Applicant to pay a $500 fee for any modification made to an existing award (e.g. name changes, award transfers, extension of the timeframe to meet the 15% purchase requirement, and extension of the three–year initial term to purchase all Qualified Property).

To adjust the fees to better reflect the amount of time spent reviewing and processing requests for extensions and Board consideration, and to account for the additional years of reporting and administration, the proposed regulations increase the Administrative Fee to $1,500 for requests to extend the 15% purchase requirement timeframe, to $2,000 for requests to extend the three–year initial term to use the STE award, and to $2,250 if an Applicant requests extensions the 15% purchase requirement timeframe and the three–year initial term for consideration at the same CAEATFA Board meeting.

Aside from certain savings for CAEATFA, there are no other costs or savings to any other state agency. The assumptions for these savings are further explained in an attachment to the Economic and Fiscal Impact Statement, Std. Form 399, which is available for viewing on the CAEATFA website or by contacting the Agency Contact Person. Cost to any local agency or school district that must be reimbursed in accordance with Government Code

section 17561: None. Other non–discretionary cost or savings imposed on local agencies: None. While the sales and use tax that is excluded could be seen as “lost revenue,” the Program regulations limit the Financial Assistance to those Applications/Projects that are anticipated to have a net fiscal and environmental benefit for the State. Additionally, the proposed regulations do not expand CAEATFA ’s authority to provide an STE nor increase the amount of STE that CAEATFA may grant, which is capped by statute. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.

Significant, statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states: The Authority has made the determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. Participation in the Program is voluntary for California businesses.

For those businesses that choose to apply and are awarded a sales and use tax exclusion, the Program provides an incentive, which reduces their capital purchasing costs. In fact, the Authority finds that the proposed regulation will have a positive effect on certain businesses that are awarded Financial Assistance and on the State’s economy and environment generally as a result of the increased economic activity of Advanced Manufacturing and Recycled Resource Extraction Projects and production of Alternative Source and Advanced Transportation products.

This determination is based on a review of the public comments received in previous rulemaking proceedings and analysis performed by the consultant hired by the Authority to assist with the development of the Program. RESULTS OF ECONOMIC IMPACT ANALYSIS Creation or Elimination of Jobs within the State of California The regulations help provide an incentive to California manufacturers and, therefore, are not anticipated to eliminate jobs within the State of California.

The Authority finds that the proposed regulations are likely to create an unknown number of manufacturing jobs based on stakeholder comments received and analysis performed by the consultant hired by the Authority to assist with the development of the proposed regulations. Creation of New or Elimination of Existing Businesses within the State of California The regulations help provide an incentive to California manufacturers and, therefore, are not anticipated to eliminate existing businesses within the State of California.

The Authority finds that the proposed regulations will have a positive effect on certain businesses that are awarded Financial Assistance, including new businesses, based on stakeholder comments received and analysis performed by the consultant hired by the Authority to assist with the development of the proposed regulations but are unlikely to significantly affect the creation of new businesses within the State of California.

Expansion of Businesses Currently Doing Business within the State of California The Authority finds the proposed regulations will have a positive effect on certain businesses that are awarded Financial Assistance, including businesses currently doing business within the State of California, based on stakeholder comments received and analysis performed by the consultant hired by the Authority to assist with the development of the proposed regulations. This determination is unquantifiable at this time.

Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The regulations may benefit the health and welfare of California residents and the State’s environment by

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1660 incentivizing Advanced Manufacturing, recycling, and the manufacturing and production of Alternative Source products and Advanced Transportation technologies. The development of such manufacturing projects in California is anticipated to benefit the health and welfare of California residents and the State’s environment through reduction of waste, emissions, and fuel and energy consumption.

The regulations may also benefit worker safety by incentivizing the deployment of advanced manufacturing systems and techniques that could provide a safer work environment. Cost impact on a representative private person or business: The Authority is not aware of any cost impacts that a representative private person would incur as a result of compliance with the proposed action.

Business entities applying for the Program would incur costs associated with applying for financial assistance and complying with the proposed regulations, however, these costs would constitute a small fraction of the amount of Financial Assistance awarded. Small Business: The proposed regulations will not have an adverse impact on small businesses in California and will not affect small businesses since the proposed regulations do not impose additional restrictions or costs on small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13) the Authority must determine that no reasonable alternative to the regulations considered by the Authority or that have otherwise been identified and brought to the attention of the Authority would be more effective in carrying out the purpose for which the regulations are proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private person and equally effective in im - plementing the statutory policy or other provision of law.

The Authority invites interested persons to present statements with respect to alternatives to the regula - tions during the written comment period.

AGENCY CONTACT PERSON Written comments, inquiries and any questions re - garding the substance of the regulations shall be sub - mitted or directed to: Matthew Jumps, Analyst CAEATFA 915 Capitol Mall, Room 538 Sacramento, California 95814 Telephone: 916–651–5103 Email: mjumps@treasurer.ca.gov The backup contact is: Ashley Emery, Program Manager CAEATFA 915 Capitol Mall, Room 538 Sacramento, California 95814 Telephone: 916–651–5100 Email: aemery@treasurer.ca.gov A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF THE PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items required by law.

The file is available for inspection at the Authority’s office at 801 Capitol Mall, Room 220, Sacramento, California 95814, during normal business working hours. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the Regulations. Copies of these items are available upon request from the Agency Contact Person designated in this Notice or at the Authority’s website located at: https://www.treasurer. ca.gov/caeatfa/ste/regulations/index.asp.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and the written comment period ends, the Authority may adopt the regulations substantially as described in this Notice, without fur - ther notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clear- ly indicated) available to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified.

Inquiries about and requests for copies of any changed or modified reg - ulations should be addressed to the Agency Contact Person identified in this Notice. The Authority will ac- cept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1661 A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based, including studies or documents relied upon, is contained in the rulemaking file, which is available for public inspection by contacting the Agency Contact Person designated in this Notice.

Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or at the Authority’s website at https://www.treasurer.ca.gov/caeatfa/ste/ regulations/index.asp. TITLE 4. HEALTH FACILITIES FINANCING AUTHORITY The California Health Facilities Financing Authority (Authority or CHFFA) proposes to adopt the regulation amendments described below after considering all comments, objections and recommendations regarding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action.

However, the Authority will hold a hearing if it receives a written request for a public hearing from any interested person or his or her authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized representative may submit written comments relevant to the proposed regulatory action to the Authority. Comments may also be submitted by email at chffa@ treasurer.ca.gov. The written comment period closes at 5:00 p.m. on January 20, 2022.

The Authority will consider only comments received by the Authority office by that time and date. Please submit comments to: Bianca Smith Program Manager II California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 (916) 653–2408 Following the written comment period, the Authority may thereafter adopt the proposed regulations substantially as described below or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of nonsubstantive, technical or grammatical changes, the full text of any modified proposed regulations will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period, and all persons who request notification. Copies of the express terms of the proposed regulations and the Initial Statement of Reasons are available from the office listed below. This notice, the Initial Statement of Reasons and the text of the proposed regulations are available on the internet at www.treasurer.ca.gov/chffa/imhwa/index.asp.

Additionally, all information that the Authority considered as the basis for these proposed regulations is available for public reading/perusal at the address listed below.

Following the public comment period, copies of the Final Statement of Reasons will be available from the office listed below: California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Telephone: (916) 653–2799 Email: chffa@treasurer.ca.gov AUTHORITY AND REFERENCE CITATIONS The Authority adopts these regulations under the authority granted in Sections 5848.5 and 5848.6 of the Welfare and Institutions Code, and cites the following reference:

Section 5848.5 of the Welfare and Institutions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was established in 1979 and operates pursuant to the California Health Facilities Financing Authority Act in the Government Code Sections 15430–15463. Welfare and Institutions Code (WIC)

Section 5848.5 was expanded with the passage of SB 833 (Chapter 30, Statutes of 2016,

Section 20) to charge the Authority with the responsibility for development of regulations to establish specific selection criteria for Grant awards, define eligible costs, and determine minimum and maximum Grant amounts for the purpose of increasing capacity for: a. Crisis stabilization b. Crisis residential treatment c. Mobile crisis support teams d. Family respite care for children and youth ages 21 years and under and/ or their families as appropriate (WIC

Section 5848.5, subdivisions (f)(1) and (f)(2)).

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1662 The Legislature also charged the Authority, through

Section 5848.5, subdivisions (b)(8)(

D) and (b)(8)(

E) to ensure that the objectives of adding “at least 200 mobile crisis support teams” and “at least 120 crisis stabilization services and beds and crisis residential treatment beds to increase capacity at the local level” is achieved. To comply with the statutory mandate, these regulations provide the framework for eligible parties to apply for grant funds to expand mental health crisis services for children and youth ages 21 years of age and under, throughout California. These regulations include relevant

definitions, descriptions of eligible applicants, projects, costs, maximum grant amounts by county, the application process, the evaluation criteria the Authority will use to make grant award determinations, the process by which allocations will be made, the terms and conditions grant recipients will need to agree to, and other provisions related to the administration of the Program. Emergency regulations were submitted to the Office of Administrative Law (OAL). OAL approved the emergency regulatory action that became effective on November 26, 2018.

The Certificate of Compliance was completed and filed with the Secretary of State on May 20, 2019. The regulations now being proposed will redefine the term “Application” to (1) delete reference to the written Application, Form Number CHFFA 7 CY–01 (09/2018), and (2) refer only to an online Application, Form Number CHFFA 7 CY–01A (11/2021). Other changes have been made to the regulations to delete procedures applicable to the submission of the written Application and establish the online Application as the only recognized Application for requesting Grant funds.

No changes have been made to the information requested in the online Application. The formatting of the online Application appears different as “drop– down boxes” requesting specific information only appear when the Applicant is required to provide such information based on specific factors, including but not limited to: 1. Is the Application for “Counties Applying Jointly”? If so, additional information on the co– applicant(

s) such as county(ies) names, addresses, and contact information is required. 2. “Programs to be funded with Grant” – Three programs are currently available for Grant funding: specifically, Crisis Residential Treatment (CRT), Crisis Stabilization and Mobile Crisis Support Teams. Applicants may request funding for one, two, or all three programs. For each program for which funding is requested, Applicants are required to identify the specific amount of funding requested for eligible costs, such as purchase of property, construction/ renovation, furnishings and equipment, etc. “Drop–down boxes” will only appear for the program(

s) for which funding is requested. For example, if an Applicant is not applying for Grant funds for a CRT Program, the request for specific information regarding funding for a CRT Program will not appear on that Applicant’s Application screen. 3. The written version of the Application, Form Number CHFFA 7 CY–01 (09/2018) limited the narrative portion of the Application to 25 pages in 12 point font. The online Application does not contain any language limiting the narrative portion. The only limitation in the online Application is the

Summary Information. The “Project Brief

Summary Description” is limited to 300 characters. The online Application is part of a grant management software platform that will allow CHFFA to track and manage all aspects of each grant, including reviewing and scoring of Applications, disbursement forms, and submission of supporting documents and closeout forms, thus eliminating the reliance on hard–copies.

As all elements of the Grant program are shifted to “paperless” there will be benefits in caseload management as it will be easy to transfer grants between staff as well as entire grant caseloads when a staff member leaves CHFFA, or when teleworking requirements are in place. CHFFA has implemented the submission of Applications online in two other programs: the Bond Financing Program and the HELP II Loan Program. CHFFA will be gradually converting all programs under its auspice to online Applications.

DOCUMENTS INCORPORATED BY REFERENCE Investment in Mental Health Wellness Grant Program for Children and Youth Application, Form Number CHFFA 7 CY–01A (11/2021) STATEMENT OF NECESSITY

Section 7313 —

Definitions This

section provides

definitions for terms. The definition for subsection (b), “Application” is being amended to eliminate reference to the Investment in Mental Health Wellness Grant Program for Children and Youth Application, Form Number CHFFA 7–CY– 01 (09/2018). By definition, the term “Application” will only refer to the online request for a Grant, referred to as the Investment in Mental Health Wellness Grant Program for Children and Youth Application Form Number CHFFA 7 CY–01A (11/2021), which is being incorporated into the regulations by reference. Form

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1663 Number CHFFA 7 CY–01A (11/2021) will be the only acceptable Application by which Applicants may request Grant funds.

Section 7316 — Grant Application This

section is being amended to remove reference to the written request for a Grant, specifically, the Investment in Mental Health Wellness Grant Program for Children and Youth Application, Form Number CHFFA 7–CY–01 (09/2018) as well as the procedures for submitting this form to the Authority. The proposed regulations reference only the online Application and provide Applicants with information, including but not limited to: (1) availability of the Application; and (2) the Authority is not responsible for transmittal delays/failures.

AN EVALUATION OF WHETHER OR NOT THE PROPOSED REGULATIONS ARE INCONSISTENT OR INCOMPATIBLE WITH EXISTING STATE REGULATIONS The Authority evaluated whether or not there were any other regulations concerning the use of an online Application. The only other Grant program that exists for the purpose of providing funds to counties or Counties Applying Jointly for the provision of crisis mental health services is the Investment in Mental Health Wellness Grant Program that provides Grant funds for programs and services to meet the mental health needs of eligible individuals.

This program was established in 2013, SB 82 (Chapter 34, Statutes of 2013,

Section 21), and codified in WIC

Section 5848.5 to increase capacity for client assistance and services in crisis intervention, crisis stabilization, crisis residential treatment, rehabilitative mental health services, and mobile crisis support teams. This program is no longer accepting applications as the funding allocated to this specific program has been depleted. Both Grant programs are under the auspice of CHFFA. The proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DESCRIPTION OF THE BENEFITS OF THE PROPOSED ACTION WHICH INCLUDES NONMONETARY BENEFITS SUCH AS PROTECTION OF THE PUBLIC HEALTH AND SAFETY, WORKER SAFETY, THE ENVIRONMENT, ETC. The Investment in Mental Health Wellness Act of 2013, was expanded in 2016 to specifically address a continuum of crisis services for child and youth, 21 years of age and under, regardless of where they live in the state.

The regulations provide the mechanism whereby Grants from CHFFA are disbursed to California counties or to their nonprofit or public agency designees to support capital improvement, expansion and limited start–up costs to fund four mental health programs – crisis residential treatment, crisis stabilization, mobile crisis support teams, and family respite care specific to children and youth, 21 years of age and under, and their families. The proposed regulations amend only two sections of the regulations,

Section 7313,

Definitions and

Section 7316, Grant Application. The amendments are necessary to establish the online Application as the only Application applicable to the Investment in Mental Health Wellness Grant Program for Children and Youth.

Section 7316, Grant Application is amended to delete reference to the written Application and amend subsections (

d) to be applicable only to the online Application. The ability to submit Applications online provides advantages to Applicants that include, but are not limited to the following: 1. Reduces the administrative burden by allowing Applicants to import responses to similar questions from previous internal applications and upload budget spreadsheets instead of cutting and pasting data into an online application. 2. Facilitates those partnership applications in which two or more counties (“Counties Applying Jointly”, defined in

Section 7313(

j) as counties that submit an Application together to deliver crisis services.) and their nonprofit designated grantees can collaborate in filling out the Application, by giving all parties access to the Application. 3. Provides an instant response that the Application has been submitted and does not necessitate follow ups to ensure that the Application has been received by the Authority in a timely manner. COST ESTIMATE 1. Cost or Savings to State Agencies: No impact. 2. Cost to Local Agencies or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: None. 3.

Nondiscretionary Costs or Savings to Local Agencies: No impact. 4. Federal Funding to State Agencies: No impact. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon local agencies or school districts. There are no “state– mandated local costs” in these regulations which

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1664 require reimbursement under

Section 17500 et seq. of the Government Code. FISCAL IMPACT These regulations do not impose any costs to any local agency or school district requiring reimbursement pursuant to

section 17500 et seq. of the Government Code, nor do these regulations identify any costs or savings to any state agency, other nondiscretionary costs or savings to be imposed upon local agencies, or costs or savings in federal funding to the state. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE CHFFA has not identified any significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The adoption of these regulations does not have an impact on the creation or elimination of jobs within the state. As a result of the adoption of these regulations, new businesses will not be created, and current businesses will not be eliminated within the state. The adoption of these regulations will not provide for the expansion of businesses currently doing business within the state. Additionally, neither benefits nor detriments are expected to worker safety or the state’s environment due to the adoption of these regulations.

The impact of these regulations is only to those counties and Counties Applying Jointly applying for Grant funds, as the written Application is being eliminated and requests for Grant funds shall be made using the online Application as defined in

Section 7313, subsection (b). COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The only entities that may apply for Grant funds under the Investment in Mental Health Wellness Act of 2013 for Children and Youth are counties, Counties Applying Jointly, or a private nonprofit corporation or public agency designated as a co–Applicant by either a county or Counties Applying Jointly. Therefore, CHFFA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

BUSINESS REPORT The regulations will not affect small businesses as these regulations are specific to counties, Counties Applying Jointly, and private nonprofit corporations or public agencies if designated by a county or Counties Applying Jointly to be a co–Applicant with a county or Counties Applying Jointly.

CONSIDERATION OF ALTERNATIVES The Authority must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

In developing the regulatory action, the Authority itself did not consider any alternatives because no reasonable alternatives have been presented to it. The Authority invites interested persons to submit comments and alternatives with respect to the proposed regulations during the public comment period. CHFFA REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Bianca Smith (916) 653–2408 Backup: Sondra Jacobs (916) 651–0032 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD

CHAPTER 3.5. SUBCHAPTER 1

SECTION 411 APPLICATIONS FOR PERMANENT V ARIANCES NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING PLEASE NOTE: In accordance with

section 11133 of the Government Code, the January Board Meeting will be conducted via teleconference.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1665 The Board will hold a public hearing starting at 10:00 a.m. on January 20, 2022 via the following: ● Video–conference at www.webex.com (meeting ID 268 984 996) ● Teleconference at (844) 992–4726 (Access code 268 984 996) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At this public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest.

WRITTEN COMMENT PERIOD In addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written comment period commences on December 3, 2021 and closes at 5:00 p.m. on January 20, 2022. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; or By e–mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

section 143.2 establishes the Board’s authority to adopt, amend, or repeal rules of practice and procedure pertaining to hearings on applications for permanent variances, variance appeals, and other matters within its jurisdiction. The proposed regulation will implement, interpret, and make specific the provisions of Labor Code

section 143.2. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW Pursuant to Labor Code

section 143.2, the Board has adopted a number of regulations that govern Board consideration of permanent variances and appeals from temporary variances from occupational safety and health standards. These regulations govern the Board’s procedures for filing an application for a permanent variance, prehearing proceedings, and the hearing and decision process. The Board has determined that one of these regulations, related to the filing of a variance application, requires a change in order to update and modernize the permanent variance application process for those reasons and benefits described below. The Board proposes to amend

section 411 by allowing employers to file one variance application (instead of one original and six copies) and one copy of any photographs, blueprints, or other illustrative materials (instead of six), due to the feasibility and ease of electronic copy distribution. Rather than mailing out physical copies of applications mailed by an applicant to the Board, the Board may scan a single copy and provide access to the document via online storage or email. The elimination of the requisite six copies saves printing and shipping costs for the applicant. The Board evaluated the proposed amendments pursuant to Government Code

section 11346.5, subdivision (a)(3)(

D) and has determined that the changes to the regulation are not inconsistent or incompatible with existing state regulations.

Section 411 is a state regulation that is part of a federal system of occupational safety and health regulations that requires: (1) state regulations to be at least as effective as their federal counterparts; and (2) all state occupational safety and health rulemaking be channeled through a single entity (the Standards Board). Therefore, this proposal is intended to ensure consistency and compatibility with that system’s component regulations.

Anticipated Benefits The Board’s objective in the change in rule is to make the application process less burdensome and expensive for applicants by requiring only one, rather than six, copies of an application be submitted to the Board. The proposed change has a number of benefits. A single application is less costly to print and ship for the applicant, and requiring one application rather than six copies will result in fewer applications being rejected for failing to provide the requisite number of copies. The result is that the process becomes easier for parties to navigate.

The change will also require the Board dedicate less physical space to filing and storing hardcopy variance applications, as only one, rather than six, copies of each application will be sent to the Board. Amending the regulation to require that only one variance application and one copy of illustrative materials be submitted will reduce delays in processing variance applications and modernize the regulation consistent with current practices. The specific changes are as follows:

Section 411. Applications for Permanent Variances.

Section 411 specifies the requirements for permanent variance applications. In subsections (

b) and (b)(9), the Board proposes to allow employers to submit one variance application (instead of one original and five copies) and one copy of any photographs, blueprints, or other illustrative materials (instead of six). Due to advancing technology, the Board can scan and electronically distribute the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1666 applications to various individuals involved in the evaluation and review process. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None. Cost or Savings to State Agencies: None. Cost to Any Local Government or School District Which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None.

Cost Impact on a Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, statewide adverse economic impact directly affecting businesses/ individuals, including the ability of California businesses to compete with businesses in other states. The proposed amendment will have no effect on the regulated public.

Permanent variance applicants are already adhering to this requirement; the amendment will simply reduce the number of copies required when submitting variance applications and illustrative materials. Significant Affect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amendments will not affect small businesses. There is no negative economic impact anticipated, since the amendments eliminate the copy requirement for permanent variance applications and reduce the requirement of six copies to one copy for other materials.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS This rulemaking action will not have any effect on the creation or elimination of California jobs or the creation of new businesses or the elimination of existing California businesses or affect the expansion of existing California businesses. The amendments will reduce the number of copies required when submitting variance applications and illustrative materials, which will ultimately provide a benefit to the state’s environment.

Amending the regulation to require that only one variance application and one copy of illustrative materials be submitted will reduce delays in processing variance applications, which will benefit the health and welfare of California residents and worker safety by guaranteeing elevators are installed and permitted in a timely manner. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled public hearing or during the written comment period. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) or the back–up contact person, Lara Paskins (Staff Services Manager) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274–5721.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this Notice of Proposed Action is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained by contacting Ms. Shupe or Ms.

Paskins at the address or telephone number listed above.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1667 AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this Notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public at least 15 days before the Board adopts the regulations as revised. Please request copies of any modified regulations by contacting Ms. Shupe or Ms.

Paskins at the address or telephone number listed above. The Board will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Shupe or Ms. Paskins at the address or telephone number listed above or via the internet. A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents available for inspection throughout the rulemaking process on its website.

Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed Action and the Initial Statement of Reasons can be accessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 11. DEPARTMENT OF JUSTICE DIVISION 5. FIREARMS REGULATIONS

CHAPTER 3. CERTIFICATES OF ELIGIBILITY AND

CHAPTER 11. FIREARM PRECURSOR PARTS The Department of Justice (Department) proposes to amend sections 4031, 4035, 4036 of Title 11, Division 5,

Chapter 3 and adopt sections 4300, 4301, 4310, 4311, 4312, 4313, and 4314 of Title 11, Division 5,

Chapter 11 of the California Code of Regulations concerning firearm precursor

part vendor licenses. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized representative may submit written comments relevant to the proposed regulatory action. The written comment period closes on January 18, 2022 at 5:00 p.m.

Only written comments received by that time will be considered. Please submit written comments to: Kelan Lowney Department of Justice P.O. Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.ca.gov 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: Penal Code sections 26710, 30485, 30490, and 30495.

Reference: Penal Code sections 16532, 26700, 26710, 30400, 30405, 30406, 30412, 30414, 30442, 30445, 30447, 30448, 30450, 30452, 30454, 30470, 30485, 30490 and 30495 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: Existing law generally limits the sale of ammunition to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current certificate of eligibility issued by the Department, or to a person who purchases or transfers the ammunition in a single ammunition transaction. The sale or transfer of ammunition is generally required to be conducted through a licensed ammunition vendor.

A person or business must have a valid ammunition vendor license to sell more than 500 rounds of ammunition in any 30–day period. In 2019, the Legislature passed Assembly Bill (AB) 879 (Chapter 730, Statutes 2019) to require firearm precursor parts to be sold or transferred through a licensed firearm precursor

part vendor in a similar process to the laws governing ammunition purchases.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1668 It would further create a registry of these vendors and a new crime for, among other things, the transfer of firearm precursor parts without the involvement of a licensed firearm precursor

part vendor. Beginning April 1, 2022, AB 879 requires the Department to begin accepting applications for firearm precursor

part vendor licenses. AB 879 requires each firearm precursor

part vendor to have a valid Certificate of Eligibility and prohibits the firearm precursor

part vendor, agent, or employee from handling, selling, delivering, or having in their custody and control a firearm precursor part unless that person has obtained a Certificate of Eligibility from the Department. Commencing July 1, 2022, state law will generally limit the sale of firearm precursor parts to: (1) an individual who is exempt from Department approval; (2) an individual whose information matches an entry in the Automated Firearms System and who is eligible to possess a firearm; (3) an individual who has a valid Certificate of Eligibility issued by the Department; or (4) an individual who purchases or transfers the firearm precursor

part in a single transaction and is eligible to possess a firearm. It will also require the transfer and sale of firearm precursor parts to be conducted by a licensed firearm precursor

part vendor. Further, it will generally require a person or business to have a valid firearm precursor

part vendor license to sell more than one firearm precursor

part in any 30–day period. Effect of the Proposed Rulemaking: The proposed regulations would enable firearm precursor

part vendors to comply with statutorily– mandated licensing requirements for the sale of firearm precursor parts by establishing application and renewal requirements and the timeframe for submitting updated permit and license information to the Department. Anticipated Benefits of the Proposed Regulations: Generally, these regulations protect public health and safety because they provide the basis for the July 1, 2022 implementation of restrictions on the transfer and sale of firearm precursor parts.

Currently, people who are prohibited from possessing a firearm are able to lawfully purchase precursor firearm parts off the Internet and then can build a homemade firearm. By implementing a new licensing structure for firearm precursor

part vendors pursuant to AB 879, these regulations help keep firearms out of the hands of those prohibited from possessing firearms. Specifically, the proposed regulations would enable firearm precursor

part vendors in California to comply with statutorily–mandated licensing requirements for the sale of firearm precursor parts beginning April 1, 2022. Future rulemaking would establish regulations to implement provisions of AB 879 that require a background check on firearm precursor part purchasers beginning July 1, 2022. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations.

However, the United States Department of Justice’s Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) has recently proposed regulations that, for purposes of the federal Gun Control Act, would expand the definition of firearms to include unfinished frames and receivers. (Docket Number ATF 2021R–05; AG Order Number 5051–2021.) Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department 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 Department has concluded that these are the only regulations that concern firearm precursor parts. Forms Incorporated by Reference: 1. Application for Firearm Precursor

Part Vendor License (Non–Firearms Dealer or Ammunition Vendor), BOF 1106 (Orig. 04/2022). 2. Firearm Precursor

Part Vendor License Renewal Fee Transmittal, BOF/PPV 0012 (Orig. 07/2022). Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Department estimates that its costs to license firearm precursor

part vendors will be $5,069 each year. The Department will recover its costs from an annual licensing fee of $101 that will be paid by an estimated 50 firearm precursor

part vendors that are not also firearms dealers or ammunition vendors, which are both automatically deemed firearm precursor

part vendors. The Department anticipates the licensing fee will generate annual revenue in the amount of $5,050. 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: Firearm precursor

part vendors who are not also firearms dealers or ammunition vendors will be subject to a fee of $101 at the time of application and every July 1, or the next business day. Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1669 Significant, statewide adverse economic impact directly affecting businesses, including ability to compete: The Department has made an initial determination that the proposed action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department has determined that it is (1) unlikely that the proposal would create or eliminate jobs within the state, (2) unlikely that the proposal would create new businesses or eliminate existing businesses within the state, and (3) unlikely that the proposal would result in the expansion of businesses currently doing business within the state. Benefits of the proposed action:

(1) Generally, these regulations protect public health and safety because they provide the basis for the July 1, 2022 implementation of restrictions on the transfer and sale of firearm precursor parts. Currently, people who are prohibited from possessing a firearm are able to lawfully purchase firearm precursor parts off the Internet and then can build a homemade firearm. By implementing a new licensing structure for firearm precursor

part vendors pursuant to AB 879, these regulations help keep firearms out of the hands of those prohibited from possessing firearms. Specifically, the proposed regulations would enable firearm precursor

part vendors in California to comply with statutorily–mandated licensing requirements for the sale of firearm precursor parts beginning April 1, 2022. Future rulemaking would establish regulations to implement provisions of AB 879 that require a background check on firearm precursor part purchasers beginning July 1, 2022.

(2) The proposal does not directly benefit worker safety.

(3) The proposal does not directly benefit the environment. Business report requirement: None. Small business determination: The Department has determined that the proposed action affects small businesses. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must determine that no reasonable alternative considered by the Department or that has been brought to the attention of the Department would be more effective in carrying out the purpose for which this action is proposed or would be as effective and less burdensome to affected private persons than this proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. The Department has determined that the proposed regulations are the most effective way to implement a firearm precursor

part vendor licensing program. The proposed regulations are modeled after existing regulations governing the licensing of ammunition vendors. By modeling existing processes, the proposed regulations efficiently implement AB 879 in a way that is already familiar to the regulated community. CONTACT PERSONS Inquiries concerning this proposed administrative action may be directed to: Kelan Lowney Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.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 proposed action may be directed to the following backup contact person: Timothy Mulligan Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2153 bofregulations@doj.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

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), program forms, the Initial Statement of Reasons, Economic and Fiscal Impact Statement (STD 399), and any information upon which the proposed rulemaking is based. The text of this Notice, the express terms, program forms, the Initial Statement of Reasons, and any information upon which the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1670 proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/firearms/ regs. Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and relevant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this Notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department 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 Department will accept written comments on the modified regulations 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 Department’s website at https://oag.ca.gov/firearms/regs. Please refer to the contact information listed above to obtain a written copy of the Final Statement of Reasons. A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice, the express terms, program forms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based are available on the Department’s website at https://oag.ca.gov/firearms/regs. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or Department), proposes to amend Sections 3000, 3269, 3269.1 and 3375.2, and to adopt Sections 3269.2, 3269.3 and 3269.4 of the California Code of Regulations (CCR), Title 15, Division 3,

Chapter 1, regarding Inmate Housing and Program (SNY/NDPF). PUBLIC COMMENT PERIOD The public comment period begins December 3, 2021 and closes on January 21, 2022. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

Section 11346.8, any interested person or their duly authorized representative may request a public hearing, no later than 15 days prior to the close of the written comment period. CONTACT PERSONS Primary Contact Renee Rodriguez Telephone: (916) 445–2220 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Steve Jimenez Telephone: (916) 324–7956 Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283–0001 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that commencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1671 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the Department require adoption, amendment, or repeal of regulation on an emergency basis.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Corrections and Rehabilitation (CDCR) proposes to amend Sections 3000, 3269, 3269.1 and 3375.2, and to adopt Sections 3269.2, 3269.3 and 3269.4 of the California Code of Regulations (CCR) Title 15, by which custodial staff process and review inmate placement and designation for Sensitive Needs Yard (SNY) and Non–Designated Programming Facility (NDPF) housing.

The department’s Sensitive Needs Yard (SNY) designation policy was implemented in 1999 and originally intended to house inmates designated with ‘sensitive–needs’ separate from the general population based on documented and verified information that presented a need for safety or security of the inmate. The current departmental SNY designation policy does not require custody staff to evaluate or verify if an inmate requesting SNY designation has safety concerns.

Rather, a classification committee approves an inmate’s SNY designation upon their request, as current departmental policy directs staff to take a liberal approach when approving SNY designation. The current designation processes have contributed to the growth of the inmate SNY population. In addition to the increase of the inmate SNY population, the department witnessed a substantial increase in violent incidents within the inmate SNY population, including the inception of SNY gangs and gang activity.

The department has developed proposed regulations to establish inmate SNY designation and the establishment of a more inclusive housing model, called the Non–Designated Programming Facility, supporting rehabilitation objectives and societal expectations, while mitigating labels that create division. The proposed regulations specify criteria to deny an inmate’s request for SNY designation or remove an inmate’s SNY designation.

The proposed regulations provide that the department may deny or remove an inmate from SNY designation when the inmate’s uncorroborated personal report, the nature of their commitment offense, incarcerated behavior, or a record of their prior designation and housing, or their current designation and housing, is the primary basis for inmate’s SNY designation and placement. The establishment of Non–Designated Program- ming Facility (NDPF) is predicated on equal access for all inmates, regardless of SNY or Non–SNY designations.

The NDPF mission is to provide a departmental environment for inmates to participate in enhanced programming and job opportunities, free from the influence of gang pressure and criminal activity. NDPF is defined as an integrated housing facility or institution established for inmates demonstrating a willingness to participate in rehabilitative programs and conform to departmental policies. The proposed regulations establish criteria to provide the department with the means to exclude or remove an inmate from NDPF.

The proposed criteria for excluding or removing an inmate from NDPF placement is when an inmate either commits a violent act listed under CCR

section 3341.9(e)(1)–(3) or (9), or commits any serious offense on behalf of a gang. The objective of the proposed criteria is to ensure the safety of NDPF inmate population and protect the overall integrity of the NDPF mission. This action will: The purpose of this regulatory action is to establish inmate Sensitive Needs Yard designation and the establishment of a more inclusive housing model, called the Non–Designated Programming Facility, supporting rehabilitation objectives and societal expectations, while mitigating labels that create division. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulatory action will have an immediate benefit to inmates and staff alike, by establishing uniform criteria for the process by which the department manages the Sensitive Needs Yard

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1672 (SNY) and Non–Designated Programming Facility (NDPF) inmate population. The proposed SNY regulations provide the department with uniform criteria to manage the increase in violence and gang behavior on SNY facilities. This will be accomplished by approving SNY designation by identifying only those inmates with documented and verified systemic safety concerns. Conversely, this criteria will benefit those SNY designated inmates by denying or removing inmates who genuinely do not have systemic safety concerns.

The proposed NDPF regulations provide inmates with the opportunity of lower–security level institutions and provide enhanced personal freedom of movement, improved access to rehabilitative programs, and successful reintegration upon their return to society. By proposing regulations for NDPF to exclude those inmates who commit violent acts and serious offenses on behalf of gangs, the department increases safety for NDPF inmate population and protects the overall integrity of the NDPF mission.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern Sensitive Needs Yard and Non–Designated Program Facilities.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None . ● Cost to any local agency or school district that is required to be reimbursed: None . ● Other nondiscretionary cost or savings imposed on local agencies: None . ● Cost or savings in federal funding to the state: None .

EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations 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, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This action has no significant adverse economic impact on small business because it places no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulations will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or affect the expansion of businesses currently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations will benefit public safety because the establishment of SNY and NDPF provides a formal process to appropriately house affected inmates, and provide incentives for those inmates to focus more on rehabilitation efforts, which will ultimately better prepare them for society upon release. CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1673 be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed during the written comment period or at a scheduled hearing should one be scheduled.

A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make available the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact person. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the department’s website: www.cdcr.ca.gov.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the department’s contact person. AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed regulations substantially as described in this Notice.

If the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice. The Department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend

section 3190 into Title 15, Division 3,

Chapter 1, regarding Religious Personal Property. PUBLIC COMMENT PERIOD The public comment period begins December 3, 2021 and closes on January 21, 2022. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

section 11346.8, any interested person or their duly authorized representative may request a public hearing, no later than 15 days prior to the close of the written comment period. CONTACT PERSONS Primary Contact R. Ruiz Telephone: (916) 445–2244 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Charles Richey Telephone: (916) 203–9384 AUTHORITY AND REFERENCE Government Code

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

section 5000 provides that commencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1674 PC

section 5050 provides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5055 provides that commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The First and Fourteenth Amendments of the United States Constitution, the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 United States Code sections 2000cc et seq., and

section 5009 of the Penal Code (PC) sets out a legislative intent that “prisoners shall be afforded reasonable opportunities to exercise religious freedom.” The RPPM itemizes and standardizes the authorized religious personal property that inmates may possess for use in the practice of their religious faith while keeping with security and safety considerations that must be maintained in a correctional setting. The RPPM is updated to include additional religious personal property items per recent case law, and items that the department determined do not pose a threat to the safety and security of the institution.

For additional clarity, the RPPM is reorganized into alphabetical order and corrects grammatical and typographical errors. This action will: ● Adopt new subsection 3190(

c) to include religious personal property regulations. ● Update the Religious Personal Property Matrix to include additional items as requested by inmates and approved by the Statewide Religious Review Committee and the Director of the Division of Adult Institutions. ● Incorporate by reference CDCR Form 2279 (Rev. 10/21), Religious Personal Property Matrix Request for Additional Item.

DOCUMENTS INCORPORATED BY REFERENCE Religious Personal Property Matrix (Rev. 12/3/21*) *Note: subject to change upon final approval of CDCR Form 2279 (Rev. 10/21), Religious Personal Property Matrix Request for Additional Item SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulatory action will continue to benefit inmates and CDCR staff by expanding upon the current list of allowable religious personal property items, minimizing further litigation against the department, continuing to aid in eliminating inconsistencies among institutions while providing inmates opportunities to exercise religious freedom.

Implementation of this proposed regulation will also ensure the continued safety and security of the institutions by restricting gang colors, placing limitations on the sizes and substance of items that could be used as weapons or as a means of introducing contraband into an institution, benefiting the health and welfare of California residents. The regulations do not directly affect the state’s environment. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code

section 11346.5(a) (3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern Authorized Religious Personal Property in California Institutions. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement of costs or savings pursuant to Government Code sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None . ● Cost to any local agency or school district that is required to be reimbursed: None .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1675 ● Other nondiscretionary cost or savings imposed on local agencies: None . ● Cost or savings in federal funding to the state: None . EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations 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, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This action has no significant adverse economic impact on small business because it places no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or affect the expansion of businesses currently doing business in California.

The proposed regulations will benefit worker safety as the proposed regulations aid in eliminating inconsistencies among institutions while providing inmates opportunities to exercise religious freedom. Implementation of this proposed regulation will also ensure the continued safety and security of the institutions by restricting gang colors, placing limitations on the sizes and substance of items that could be used as weapons or as a means of introducing contraband into an institution, benefiting the health and welfare of California residents. The regulations do not directly affect the state’s environment.

CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed during the written comment period or at a scheduled hearing should one be scheduled. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make available the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact person. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the department’s website: www.cdcr.ca.gov. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the department’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed regulations substantially as described in this Notice. If the department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1676 modified regulations for at least 15 days after the date on which they are made available. TITLE 18. FRANCHISE TAX BOARD NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE FRANCHISE TAX BOARD NOTICE IS HEREBY GIVEN that the Franchise Tax Board, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A com - ment period has been established commencing on December 3, 2021 and closing on January 17, 2022. All inquiries should be directed to the contacts listed below. The Franchise Tax Board proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: As a result of changes in the Information Technology related positions, the position titles on many designat- ed positions needed to be updated. There are also oth- er technical changes. The proposed amendment and explanation of rea - sons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than January 17, 2022, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than December 13, 2021. The Franchise Tax Board has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to either Dennis Haase, Attorney V, (916) 845–3187 and dennis.haase@ftb.ca.gov or to Melody Scullary, Tax Counsel IV, (916) 845–4978 and melody. scullary@ftb.ca.gov. TITLE 22.

EMERGENCY MEDICAL SERVICES AUTHORITY DIVISION 9. PREHOSPITAL EMERGENCY MEDICAL SERVICES NOTICE IS HEREBY GIVEN that the Emergency Medical Services Authority (EMSA) is proposing to take the action described in the Informative Digest. Any person interested may present statements or ar - guments orally or in writing relevant to the proposed action at a public hearing to be held at the Emergency Medical Services Authority, 10901 Gold Center Drive, Suite 400, Rancho Cordova, CA 95670, at 10:00 a.m., or as soon as practicable thereafter, on January 18, 2022.

Written comments, including those sent by mail, facsimile, or e–mail to addresses listed under Contact Person in this Notice, must be received by EMSA at its office January 17, 2022, or must be received by EMSA at the public hearing. EMSA may thereafter adopt the proposal substantially as described below or may modify the proposal if such modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal.

Authority and Reference: Health and Safety Code Sections 1797.107, 1830, and 1831 authorizes EMSA to adopt the proposed regulations, which would im - plement, interpret, clarify, or make specific Sections 1797.72, 1797.76, 1797.102, 1797.105, 1797.107, 1797.112, 1797.117, 1797.172, 1797.194, 1797.202, 1797.206, 1797.208, 1797.227, 1797.250, 1797.252, 1797.254, 1801, 1811, 1812, 1813, 1830, 1831, 1832, 1833, 1835, 1840, 1841, 1842, 1843, 1851, 1852, 1853, 1854, 1855, 1856, and 1857 of the Health and Safety Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1677 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (Health and Safety Code Division 2.5) created EMSA and outlined its authorities, duties, and responsibilities. Included in the act are the authority and procedures for promulgating regulations (Health and Safety Code

section 1797.107), and requiring new regulations be developed for the Community Paramedicine and Triage to Alternate Destination programs (Health and Safety Code sections 1830 and 1831), providing minimum medical protocols (Health and Safety Code

section 1832), providing plan review for either program or both (Health and Safety Code

section 1835), providing the minimum stands for training and accreditation and the processes necessary for either or both programs (Health and Safety Code Sections 1852 and 1853), as well as providing for discipline (Health and Safety Code

Section 1855), as well as other necessary processes and procedures as it pertains to a Community Paramedicine and/or Triage to Alternate Destination as authorized by Assembly Bill 1544 (Statutes 2020,

Chapter 138) [hereafter AB 1544]. EMSA established an advisory workgroup per the requirements of AB 1544 that began meeting in February of 2021. The workgroup reviewed an original draft and provided input resulting updates and revisions throughout and numerous additions. The material provided by a committee of the advisory workgroup is included as a report that was relied upon by EMSA in the creation of this proposed regulatory action. These regulations seek to address these various issues.

The proposal provides clarification and specification on how a Local EMSA Agency (LEMSA) shall apply for approval from EMSA to operate one or more programs and how to renew that approval. It provides for procedures for establishing programs and training programs, as well as the minimum requirements for training programs in these areas. Additionally, this provides the process for Emergency Medical Services (EMS) personnel to obtain accreditation and how that status is to be maintained.

These regulations also require various data and information be collected and submitted both for general health purposes as well as for reporting results to the legislature in 2023 as required by AB 1544. Specifically, the regulatory proposal is as follows: 1. Adopt

section 100181 of Division 9 of Title 22 of the California Code of Regulations This

section provides only LEMSA–approved training programs may offer necessary training for either Community Paramedicine and/or Triage to Alternate Destination. It also provides the method for an out–of–state paramedic to temporarily operate in a LEMSA and for verification that a paramedic is qualified by the employer, and a requirement for reporting issues with specific paramedics. 2. Adopt

section 100181.1 of Division 9 of Title 22 of the California Code of Regulations This

section establishes the roles, responsibilities, and requirements for the LEMSAs. 3. Adopt

section 100181.2 of Division 9 of Title 22 of the California Code of Regulations This

section allows LEMSAs to establish fees to cover the costs of the program and for collection of funds to be remitted to EMSA. 4. Adopt

section 100182 of Division 9 of Title 22 of the California Code of Regulations This

section provides the requirements for a Community Paramedicine site, as well as oversight by the LEMSA and procedures for withdrawing or disciplining the sites by the LEMSA. 5. Adopt

section 100182.1 of Division 9 of Title 22 of the California Code of Regulations This

section provides the same requirements as

section 100182, but for Triage to Alternate Destination sites. 6. Adopt

section 100183 of Division 9 of Title 22 of the California Code of Regulations This

section provides the requirements for a LEMSA to obtain approval from EMSA to operate a establish a Community Paramedicine and/or Triage to Alternate Destination program. 7. Adopt

section 100183.1 of Division 9 of Title 22 of the California Code of Regulations This

section provides the authority and procedures for EMSA to suspend or revoke a previously approved program. 8. Adopt

section 100184 of Division 9 of Title 22 of the California Code of Regulations This

section establishes an EMS Plan Annex for reviewing approved programs as part of the annual EMS plan. 9. Adopt

section 100185 of Division 9 of Title 22 of the California Code of Regulations This

section establishes Quality Improvement and Evaluation Process requirements for approved programs. 10. Adopt

section 100186 of Division 9 of Title 22 of the California Code of Regulations This

section establishes requirements for record keeping, collection, submission, and maintenance of data and information for these programs.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 49-Z 1678 11. Adopt

section 100187 of Division 9 of Title 22 of the California Code of Regulations This

section provides for the procedures for capture and submission of records and informa- tion collected by the providers of the Community Paramedicine program. 12. Adopt

section 100188 of Division 9 of Title 22 of the California Code of Regulations This

section provides for the procedures for the capture and submission of records and information collected by the facilities that are part of the Triage to Alternate Destination program. 13. Adopt

section 100189 of Division 9 of Title 22 of the California Code of Regulations This

section provides for the procedures for the capture and submission of records and information collected by the paramedics specific to either or both of these programs. 14. Adopt

section 100190 of Division 9 of Title 22 of the California Code of Regulations This

section establishes the duties and responsibilities of the LEMSA for approving and overseeing training programs within its geographical area. It also provides the minimum standards a program must meet to be approved. Additionally, it provides procedures for taking action against a training program as might be necessary. 15. Adopt

section 100191 of Division 9 of Title 22 of the California Code of Regulations This

section provides the minimum requirements for medical director, program director, and instructors for Community Paramedicine training programs. It also provides a list of required duties for the program director. 16. Adopt

section 100191.1 of Division 9 of Title 22 of the California Code of Regulations The

section establishes the minimum educational standards for a Community Paramedicine training programs. 17. Adopt

section 100191.2 of Division 9 of Title 22 of the California Code of Regulations This

section establishes the minimum requirements for com