Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 3-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 20, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. WORKFORCE DEVELOPMENT BOARD Conflict-of-Interest Code — Notice File Number Z2023–0109–03 ........................................... 33 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest Codes — Notice File Number Z2023–0110–07 .......................................... 33 Amendment Multi–County: River Delta Unified School District Santa Clarita Valley Water Agency West Hills Community College District TITLE 8. DIVISION OF WORKERS’ COMPENSATION Qualified Medical Evaluator Process Regulations — Notice File Number Z2023–0109–01 ....................... 34 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Peace Officer Selection Standards — Notice File Number Z2023–0109–04 ................................... 39 TITLE 13.

DEPARTMENT OF MOTOR VEHICLES Ignition Interlock Devices — Notice File Number Z2023–0109–02 .......................................... 42 TITLE 14. FISH AND GAME COMMISSION Waterfowl — Notice File Number Z2023–0110–01 ....................................................... 44 TITLE 14. FISH AND GAME COMMISSION Commercial and Recreational Take of California Spiny Lobster and Recreational Hoop Net Requirements for Take of Crustaceans — Notice File Number Z2023–0110–03 ........................ 47 TITLE 14.

FISH AND GAME COMMISSION Elk Hunting — Notice File Number Z2023–0110–04 ..................................................... 51 (Continued on next page)

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITA TION Condemned Inmate Transfer Program — Notice File Number Z2023–0110–02 ................................ 54 TITLE 18. FRANCHISE TAX BOARD Other Apportionment Methods — Notice File Number Z2023–0110–06 ...................................... 57 TITLE 22/MPP . DEPARTMENT OF SOCIAL SERVICES Two–Year Establishment Timeframe for CalWORKs Non–Fraudulent Overpayments — Notice File Number Z2023–0109–05 .................................................................. 60

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ............................................................ 63 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 33 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. WORKFORCE DEVELOPMENT BOARD CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Workforce Development Board, pursuant to the au- thority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established com- mencing on January 20, 2023 and closing on March 6, 2023. All inquiries should be directed to the contact listed below. The California Workforce Development Board pro- poses to amend its conflict–of–interest code to include employee positions that involve the making or partici- pation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Gov- ernment Code. The amendment carries out the pur- poses 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: 1. Three new classifications added, 2. Abolished 2 classifications because the classifica- tion no longer exists, and 3. Renamed 3 classifications to include all levels of that classification. Information on the code amendment is available and attached to this email in the 2022

Summary of Chang- es document. Any interested person may submit written com- ments relating to the proposed amendment by submit- ting them no later than March 5, 2023 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 February 18, 2023. The California Workforce Development 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 un- der

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: Jeffrey Jacobstein at Jeffrey.Jacobstein@ cwdb.ca.gov or by phone at 916–698–5538. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit- ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: River Delta Unified School District Santa Clarita Valley Water Agency West Hills Community College District A written comment period has been established commencing on January 20, 2023 and closing on March 6, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear- ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 34 The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar- guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes. Any written comments must be received no later than March 6, 2023.

If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 8.

DIVISION OF WORKERS’ COMPENSATION QUALIFIED MEDICAL EVALUATOR REGULATIONS (SECTIONS 1, 11, 11.5, 14, 33, 35, 35.5, 50, 51, 52, 54, 55, 56, 57, 63, 10133.54 & 10133.55) NOTICE IS HEREBY GIVEN that the Adminis- trative Director of the Division of Workers’ Compen- sation (hereafter “ Administrative Director”), proposes to adopt, amend and repeal regulations to implement the provisions of Labor Code sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, 4600, 4604.5, and 4660 through 4663 regard- ing the examination, appointment, reappointment and discipline of Qualified Medical Evaluators (QMEs) and the procedures for obtaining QME medical–legal evaluations, that are used to resolve disputes in the workers’ compensation system.

This action is taken pursuant to the authority vested in the Administrative Director by Labor Code sections 53, 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3. When adopted, the proposed regulations will con- stitute title 8, California Code of Regulations, Divi- sion 1,

Chapter 1, Articles 1, 2, 3, 5, 6 & 7.5, sections 1, 11, 11.5, 14, 33, 35, 35.5, 50, 51, 52, 54, 55, 56, 57, 63, 10133.54 & 10133.55. The regulations implement, interpret and make specific the manner in which the Administrative Director will exercise the authority under Labor Code sections 139.2, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, 4600, 4604.5, and 4660 regarding the appointment of Qual- ified Medical Evaluators and the procedures concern- ing medical evaluations.

PROPOSED REGULATORY ACTION The Department of Industrial Relations, Division of Workers’ Compensation, proposes to adopt, amend or repeal the following regulations in Division 1, Chap- ter 1, Articles 1, 2, 3, 5, 6 & 7.5 of Title 8, Califor- nia Code of Regulations, commencing with Sections 1, 11, 11.5, 14, 33, 35, 35.5, 50, 51, 52, 54, 55, 56, 57, 63, 10133.54 & 10133.55. The proposed changes in-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 35 volve both changes without regulatory effect (“non– substantive” changes) within the meaning of

section 100 of Title 1 of the California Code of Regulations (e.g. grammatical, capitalization, punctuation, syntax, numbering and lettering sequencing and corrections of cross references), as well as substantive changes. A comprehensive

summary of the proposed change to each affected

section is set out in the Initial State- ment of Reasons, which is not printed here but will be available at no charge upon written request made to Regulations Coordinator below or via the web at: http://www.dir.ca.gov/dwc/DWCrulemaking.html.

TIME AND PLACE OF PUBLIC HEARING A public hearing has been scheduled to permit all interested persons the opportunity to present state- ments or arguments, oral or in writing, with respect to the subjects noted above, on the following date: Date: March 13, 2023 Time: 10:00 a.m. to 5:00 p.m., or until conclusion of business Place: Elihu Harris State Office Building – Auditorium 1515 Clay Street Oakland, California 94612 PLEASE BE ADVISED: All visitors to this build- ing are required to go through a security screening which includes passing through metal detectors, and the x–raying and inspection of all personal belongings.

Alternate formats, assistive listening systems, sign language interpreters, or other types of reasonable ac- commodation to facilitate effective communication for persons with disabilities, are available upon request. Please contact the Statewide Disability Accommoda- tion Coordinator, Maureen Gray, at 1–866–681–1459 (toll free), or through the California Relay Service by dialing 711 or 1–800–735–2929 (TTY/English) or 1–800–855–3000 (TTY/Spanish) as soon as possible to request assistance.

Please note that public comment will begin promptly at 10:00 a.m. and will conclude when the last speaker has finished his or her presentation or 5:00 p.m., whichever is earlier. If public comment concludes before the noon recess, no afternoon ses- sion will be held. The Administrative Director requests, but does not require, that any persons who make oral comments at the public hearing also provide a written copy of their comments. Equal weight will be accorded to oral com- ments and written materials.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed amendment to modify existing regula- tions, related to the Medical–Legal Fee

Schedule to the Department of Industrial Relations, Division of Workers’ Compensation. The written comment period closes on March 13, 2023. The Division of Workers’ Compensation will only consider comments received at the Department of Industrial Relations, Division of Workers’ Compensation by that date. Again, equal weight will be accorded to oral com- ments presented at the public hearing and written materials.

Submit written comments concerning the proposed regulations prior to the close of the public comment period to the DWC contact person: Maureen Gray Regulations Coordinator Department of Industrial Relations P .O. Box 420603 San Francisco, CA 94142 Written comments may be submitted via facsimile transmission (FAX), addressed to the above–named contact person at (510) 286–0687. Written comments may also be sent electronically (via e–mail) using the following e–mail address: dwcrules@dir.ca.gov. Ms. Gray must receive all written comments no later than 11:59 p.m. on March 13, 2021.

CONTACT PERSON Inquiries concerning this proposed action, such as requests to be added to the mailing list for rulemaking notices, requests for copies of the text of the proposed amendments to the regulation, the Initial Statement of Reasons, and any supplemental information contained in the rulemaking file may be requested in writing at the same address. The contact person is: Maureen Gray Regulations Coordinator Department of Industrial Relations Division of Workers’ Compensation P .O.

Box 420603 San Francisco, CA 94142 BACKUP CONTACT PERSON In the event the contact person is unavailable, inqui- ries should be directed to the following backup contact person:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 36 Winslow F. West, Industrial Relations Counsel Department of Industrial Relations Division of Workers’ Compensation P .O. Box 420603 San Francisco, CA 94142 E–mail: (wwest@dir.ca.gov) The telephone number of the backup contact per- sons is (510) 286–7100. AUTHORITY AND REFERENCE The Administrative Director is undertaking this regulatory action pursuant to the authority vested in the Administrative Director by Labor Code

section 53, 133, 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 5307.3. Reference is made to Labor Code sections 139.2, 139.4, 139.45, 3716, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, 4600, 4604.5, 4628 and 4660; Government Code sections 6254, 14755; and Business and Professions Code

section 730. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compen- sate an employee for injuries sustained in the course of his or her employment. The adjudication of workers’ compensation claims requires the use of written re- ports of Qualified Medical Evaluators (QMEs).

Objective and Anticipated Benefits of the Proposed Amendments to the Regulations: The Administrative Director of the Division of Workers’ Compensation proposes to amend, repeal and add to various regulations that govern the exam- ination, appointment, reappointment and discipline of physicians who are certified as Qualified Medical Evaluators as provided in sections 1, 11, 11.5, 14, 31.3, 33, 35.5, 50, 51, 52, 54, 55, 56, 57 & 63 of Title 8 of the California Code of Regulations.

These changes are needed to update and improve the functionality of the affected regulations based upon the current practical operation of the Qualified Medical Evaluator program. The proposed changes are also necessary as a result of recent challenges to the administration of the QME program based upon inconsistent statutory and regula- tory analysis as between the DWC and physician users of the QME program. The proposed changes add func- tionality to the regulatory scheme by instituting a sys- tem for electronic service of medical–legal reports and allow for expedited adjudication of QME discipline actions.

The proposed changes are also necessary as a result of the need to educate physician providers of the possible occurrence of bias in Medical–Legal reporting and to prevent such bias. In addition, other changes are proposed to improve the overall operation of the QME system for those who use it. The proposed changes also correct typographical errors in the exist- ing regulations, update the use of gender pronouns and correct erroneous citations in the existing regulations. A fuller

summary of the proposed changes is provided in the Initial Statement of Reasons. Finally, this rulemaking proposes numerous “chang- es without regulatory effect”, within the meaning of

section 100 of Title 1 of the California Code of Regu- lations, because the proposed amendments correct the punctuation, capitalization, grammar, syntax, number or letter sequencing, or cross references in the text. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Administrative Director has determined that these proposed amendments to the regulations are not inconsistent or incompatible with existing regulations. The Administrative Director now proposes to amend regulations related to the administration of the Qual- ified Medical Evaluator program.

The proposed regu- lations implement, interpret, and make specific Labor Code sections 139.2, 139.3, 139.31, 139.4, 139.43, 3716, 4060, 4061, 4061.5, 4062, 4062.1, 4062.2, 4062.3, 4062.5, 4067, 4600, 4604, 4604.5, 4660, 4600.1, 4610.5, 4628, 4661, 4661.5, 4662, 4663, 4664, 5307.3, 5307.27, 5710, & 6254 as follows:

Article 1. General (§ 1)

Section 1: The

definitions section, which applies to §§ 1 through 122, is amended to eliminate the defini- tion of “ Agreed Panel QME” which is no longer oper- ative after a deletion in the implementing statute.

Article 2. QME Eligibility (§§ 10–19)

Section 11 is amended to add the requirement of two hours of anti–bias training to the eligibility require- ments to become a QME.

Section 11.5 is amended to change the parameters of the requirements for the report writing course that candidates must take to become eligible to serve as a QME. The total course hour requirement is increased from 12 to 16, two hours of anti–bias training are add- ed and two hours of case law review are also added. Non–substantive changes are made regarding renum- bering to allow for the additions to the regulation.

Section 14 is amended to reduce the hours of required chiropractic education from 44 to 25. The amount of allowable distance learning hours is adjusted and two hours of anti–bias training are added to bring the re- quirements into compliance with the amendments to sections 11 and 11.5.

Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure (§§ 29–39.5)

Section 33 is amended to make non–substantive mi- nor clerical corrections to the regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 37

Section 35 is amended to add requirements for the procurement of medical records from a primary treat- ing physician.

Section 35.5 is amended to add a requirement that a declaration under penalty of perjury be added to every medical legal evaluation report attesting that that the evaluator did not discriminate in any way against the parties to the action or the injured worker in the evalu- ation process or in the content of the report.

Article 5. QME Reappointment (§§ 50–57)

Section 50 is amended to add the requirement that a QME must be in compliance with all regulations and relevant statutes in order to be reappointed. The

section is also amended to add a requirement that a QME must cooperate with any investigation instituted by the administrative director into the QMEs practice. The regulation is also amended to bring it into compli- ance with current gender specific pronouns.

Section 51 is amended and restructured to add some of the specific criteria upon which the Administrative Director can base a decision to deny reappointment as a QME. As part of the regulatory restructuring the provisions of former regulation sections 52, 54, 56 and 57 are made part of subdivisions that are added to the restructured regulation

Section 52 is repealed as a result of its provisions being moved to amended

section

Section 54 is repealed as a result of its provisions being moved to amended

section

Section 55 is amended to expand the required con- tinuing education hours for QME reappointment from 12 to 16 and delineate the minimum number of hours required in certain specified subject matter categories of continuing education.

Section 56 is repealed as a result of its provisions being moved to amended

section

Section 57 is repealed as a result of its provisions being moved to amended

section

Article 6. QME Discipline (§§ 60–65)

Section 63 is amended to allow the Administrative Director to reappoint a QME to a probationary peri- od as a condition of reappointment. This subdivision is also amended to add procedures that allow the Ad- ministrative Director to assign hearings to a hearing officer to act as an administrative law judge, notwith- standing Government Code § 11502, in cases where the hearing relates to the denial of appointment or re- appointment of a QME. The regulation is also amend- ed to enumerate conditions related to a QME’s failure to comply with Labor Code

section 139.2, irregular- ities with the physician’s licensing, or a physician’s violation of Labor Code

section 139.21 that will make the physician ineligible for reappointment as a QME. Non–substantive renumbering is applied to the reg- ulation to account for the numbering of sections that add the new elements of the regulation.

Article 7.5. Supplemental Job Displacement Benefits (§§ 10133.31–10133.60)

Section 10133.54 is repealed as a result of a binding judicial decision vesting jurisdiction over SJDB dis- putes with the WCAB.

Section 10133.55 is repealed as a result of a binding judicial decision vesting jurisdiction over SJDB dis- putes with the WCAB. DISCLOSURES REGARDING THIS PROPOSED REGULATORY ACTION The Administrative Director has made the follow- ing initial determinations: ● Determination regarding whether this rulemaking imposes a Local Mandate: None is imposed by these proposed regulations be- cause no new program or higher level of service to the public is required.

The regulations provide tech- nical detail on procedures used to regulate Qualified Medical Evaluators (‘QMEs’) and the procedures for obtaining reports from QMEs and impose the same requirements on all employers in California.

Local government and districts as employers, like all other employers in California, are already required by law to have workers’ compensation coverage, or otherwise to self administer or contract for another entity to ad- minister the workers’ compensation claims of their employees and to conform to the Labor Code in using the medical dispute resolution procedures involving QMEs and AMEs. ● Significant statewide, adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. ● Effect on Housing Costs: None. ● Cost Impacts Incurred By Private Persons or Businesses: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● Statement of the results of the Economic Im - pact Assessment (EIA): 1.

Other impacts on Jobs and Businesses: The Administrative Director has determined that the changes proposed in this rulemak- ing will not: (1) create or eliminate jobs within the State of California; (2) create new businesses or eliminate existing businesses within the State of California; or (3) affect the expansion of businesses in the State of California. 2. Anticipated Benefits of the Proposed Regulations: The Administrative Director has determined that the changes proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 38 in this rulemaking will not: (1) benefit the health and welfare of California residents: (2) benefit worker safety: or (3) benefit the State’s environment. EFFECT ON SMALL BUSINESS The Administrative Director has determined that this rulemaking will not have any significant impact on small business. Physicians appointed as Qualified Medical Eval- uators fall within the definition of small business, and already are required by existing law to comply with the statutes and regulations governing QMEs.

Physicians are required to meet certain criteria in order to be certified as QMEs. Once appointed, Physicians serve a two–year term, and must be re- appointed at the end of that term. The Adminis- trative Director is required to issue panels listing three Qualified Medical Evaluators when request- ed by a party to resolve a disputed issue (Lab.

Code §§ 139.2(h), 4062.1, 4062.2, and 139.2(h)(3).) In com- piling the panel of three QMEs, from which to select randomly, the Administrative Director must include only evaluators who do not have a conflict–of–interest as defined by the Administrative Director in regula- tions adopted pursuant to Labor Code

section 139.2(

o) and are in the specialty designated by the party hold- ing the legal right to select the specialty. (Lab. Code § 139.2(h)(3)(A).) Once selected from the panel of three, the physician examines the injured worker and issues a medical–legal evaluation. Physicians can also issue follow–up medical legal evaluations and supple- mental medical legal reports.

The proposed regulations and amendments to the existing regulations relate to the criteria for initial appointment and reappointment as a QME, the edu- cational requirements for such appointments and re- appointments, and the processes that govern the ad- ministration of the QME program. The Administrative Director has determined that there is either no, or a de minimus amount of, added expense to the QME by virtue of the proposed reg- ulations and amendments to the regulations.

There- fore, the Administrative Director has concluded there is no significant adverse economic impact on QMEs as small businesses by the adoption of these proposed regulations. At the current time, the best estimate by the Divi- sion of Workers’ Compensation indicates that employ- ers will not be affected in any substantial pecuniary fashion by the proposed regulations and amendments to the existing regulations. FISCAL IMPACTS ● Costs or savings to state agencies or costs/sav - ings in federal funding to the State: None. ● Cost to any local agency or school district that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of division 4 of the Government Code: None (See Local Mandate bullet above). ● Other nondiscretionary costs/savings imposed upon local agencies: None (See Local Mandate bullet above). CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Administrative Director must de- termine that no reasonable alternative considered, or that has otherwise been identified and brought to the Administrative Director’s attention, would be more ef- fective in carrying out the purpose of this rulemaking, would be as effective and less burdensome to the af- fected private persons than the proposed action of this rulemaking, or would be more cost–effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law.

The Administrative Director invites interested per- sons to present statements or arguments with respect to alternatives to the proposed regulations at the sched- uled hearing or during the written comment period. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS The text of the draft proposed regulations was made available for pre–regulatory public review and com- ment for at least ten days through the Division’s Inter- net website (the “DWC Forum”), as required by Gov- ernment Code

section 11346.45. A VAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE/INTERNET ACCESS An Initial Statement of Reasons and the text of the proposed regulations in plain English have been pre- pared and are available from the Regulations Coordi- nator named in this notice. The entire rulemaking file will be made available for inspection and copying at the address indicated below. As of the date of this Notice, the rulemaking file consists of the Notice, the Initial Statement of Reasons, the proposed text of the regulations, pre–rulemak- ing comments and the Form 399. Also included are

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 39 the documents relied upon in drafting the proposed regulations. In addition, the Notice, Initial Statement of Reasons, and proposed text of the regulations being proposed may be accessed and downloaded from the Division’s website at www.dir.ca.gov. To access them, click on the “Proposed Regulations — Rulemaking” link and scroll down the list of rulemaking proceedings to find the Qualified Medical Evaluator Regulations link.

Any interested person may inspect a copy or direct questions about the proposed regulations and any sup- plemental information contained in the rulemaking file. The rulemaking file will be available for inspec- tion at the Department of Industrial Relations, Di- vision of Workers’ Compensation, 1515 Clay Street, 18th Floor, Oakland, California 94612, between 9:00 a.m. and 4:30 p.m., Monday through Friday. Copies of the proposed regulations, Initial Statement of Rea- sons and any information contained in the rulemaking file may be requested in writing to the Regulations Coordinator.

CONTACT PERSON FOR GENERAL QUESTIONS Non–substantive inquiries concerning this action, such as requests to be added to the mailing list for rulemaking notices, requests for copies of the text of the proposed regulations, the Initial Statement of Rea- sons, and any supplemental information contained in the rulemaking file may be requested in writing at the same address. The contact person is: Maureen Gray Regulations Coordinator Department of Industrial Relations Division of Workers’ Compensation P .O.

Box 420603 San Francisco, CA 94142 E–mail: mgray@dir.ca.gov The telephone number of the contact person is (510) 286–7100. CONTACT PERSON FOR SUBSTANTIVE QUESTIONS In the event the contact person above is unavailable, or for questions regarding the substance of the pro- posed regulations, inquiries should be directed to: Winslow F. West, Industrial Relations Counsel Department of Industrial Relations Division of Workers’ Compensation P .O. Box 420603 San Francisco, CA 94142 E–mail: (wwest@dir.ca.gov) The telephone number of this contact person is (510) 286–7100.

A V AILABILITY OF CHANGES FOLLOWING PUBLIC HEARING If the Administrative Director makes changes to the proposed regulations as a result of the public hearing and public comment received, the modified text with changes clearly shown will be made available for pub- lic comment for at least 15 days prior to the date on which the regulations are adopted. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be ac- cessed on the Division’s website at www.dir.ca.gov.

AUTOMATIC MAILING A copy of this Notice will automatically be sent to those interested persons on the Administrative Direc- tor’s mailing list. If adopted, the regulations with any final amend- ments will appear in title 8 of the California Code of Regulations, commencing with

section 1. The text of the final regulations also may be available through the website of the Office of Administrative Law at www . oal.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING PEACE OFFICER SELECTION STANDARDS COMMISSION REGULATIONS 1953, 1954, AND 1955 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 11346.8, any interested person, or his/her duly authorized rep- resentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 40 PUBLIC COMMENTS DUE BY MARCH 6, 2023 Notice is also given that any interested person, or authorized representative, may submit written com- ments relevant to the proposed regulatory action by fax at (916) 227–2801, by email to Melani Singley at melani.singley@post.ca.gov, or by letter to: Commission on POST Attention: Melani Singley 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific PC

section 13503(f), (h), and (i), which authorizes POST to investigate and determine the fitness of any person to serve as a peace officer within the Peace Officer Standards and Train- ing program or as defined in PC

section 13510.1 in the state of California; to audit any law enforcement agency that employs peace officers described in subdi- vision (

a) of

Section 13510.1, without cause and at any time; and to do any and all things necessary or conve- nient to enable it fully and adequately to perform its duties and to exercise the power granted to it. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action clarifies and makes specific changes to Commission Regulation 1953 (Peace Of- ficer Background Investigation), 1954 (Peace Officer Medical Evaluation), and 1955 (Peace Officer Psycho- logical Evaluation).

Currently, Commission Regulation 1953 (Peace Of- ficer Background Investigation) provides specific re- quirements for conducting a thorough background in- vestigation to ensure that peace officer candidates are of good moral character and have no past behaviors in- dicative of unsuitability for peace officer employment. Background requirements include verification of employment eligibility, reference checks, criminal and other qualification records checks, employment and military history, neighborhood checks, and a so- cial media check, and other areas.

The background in- vestigation must also consider the background inves- tigation dimensions and relevant information from the Bias Assessment Framework and requires the comple- tion of a narrative report that contains sufficient in- formation for a department to make a hiring decision. The narrative report, along with any other relevant in- formation, must also be provided to the screening psy- chologist as required for their evaluation. Currently, there is no mandated format for the required narrative report.

The regulation changes proposed in this rulemaking action will require specific information and sequenc- ing of information in the background narrative report, consistent with the current required areas of investi- gation. This will ensure that the narrative report pro- vides all necessary and relevant information to assist agencies with making an effective hiring decision and provide the psychological evaluator with the requisite background information.

It will also provide consis- tency across departments and background investiga- tions, ultimately providing for a more effective and efficient review of background information by the hiring department, screening psychologist, and POST auditors conducting compliance inspections. Current Commission Regulations 1954 (Peace Of- ficer Medical Evaluation) and 1955 (Peace Officer Psychological Evaluation) provide requirements for determining medical and psychological suitability of peace officer candidates.

The medical and psycho- logical evaluations require that the candidate be free from any physical, emotional, or mental condition including bias, that may adversely affect their ability to exercise peace officer powers. The regulations also provide specific evaluation and documentation re- quirements, including a suitability declaration signed by the screening physician and psychologist. Current- ly, there is no required form. Rather, the regulation requires limited information that must be included on the suitability declaration.

This has led to declarations not including the information required by regulation or an abundance of unnecessary information included on the suitability declaration, making it difficult to en- sure evaluations have been conducted in compliance with POST requirements. The regulations proposed in this rulemaking ac- tion will address these issues by requiring the use of POST–developed suitability declaration forms.

The forms identify the specific requirements for the eval- uations and include a statement of suitability, which confirm that that evaluations were conducted in accor- dance with POST regulations and will, in turn, pro- vide consistency in reporting the information to the hiring agencies and during mandatory POST compli- ance audits.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend- ments to the regulation will provide efficacy and con- sistency in peace officer selection, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 41 peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend- ments are not inconsistent nor incompatible with ex- isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula- tions that concern processes and procedures for peace officer eligibility in the state. FORMS INCORPORATED BY REFERENCE ● Medical Suitability Declaration (POST 2–363) (new). ● Psychological Suitability Declaration (POST 2–364) (new). DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Costs 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. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST 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 di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact di- rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter- mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal- ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over- view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser- vices to stakeholders by providing clarity to the re- quirements for background inquiries when evaluat- ing a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effec- tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the State’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

CONTACT PERSONS Questions regarding this proposed regulatory ac- tion may be directed to Melani Singley, Commission on POST, 860 Stillwater Road, Suite 100, West Sac- ramento, CA 95605–1630, at (916) 227–4258. General questions regarding the regulatory process may be di- rected to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t h e “ e x p r e s s t e r m s ” ) of t h e r e g u l a t i o n s , t h e i n i t i a l s t a t e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to: the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 42 ADOPTION OF PROPOSED REGULATIONS/ A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi- ciently related to the text as described in the Informa- tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. 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. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) proposes to amend

Section 125.02 in

Article 2.55,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to the certification of ignition interlock devices. PUBLIC HEARING A public hearing regarding this proposed regulato- ry action is not scheduled. However, a public hearing will be held if any interested person or their duly au- thorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments relevant to the proposed regulations to the contact person iden- tified in this notice. All written comments must be re- ceived at the department no later than March 6, 2023, the final day of the written comment period, in order for them to be considered by the department before it adopts the proposed regulation.

AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code sections 1651 and 13386, in order to implement, interpret, or make specific Vehicle Code

section 1652, 13386, 23575, and 23575.3. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 13386 grants the department the authority to oversee the ignition interlock de- vice program. Vehicle Code

section 23573 requires the department, upon receipt of a court’s abstract of conviction of Vehicle Code

section 14601.2, 14601.4 or 14601.5, subsequent to prior convictions of various Vehicle Code sections related to driving a vehicle un- der the influence of alcohol, to notify the convicted person of their requirement to have an ignition inter- lock device installed in their vehicle. Prior to authorizing the use of an ignition interlock device in California, the department is required to certify that each ignition interlock device operates in a manner for which it was certified and requires the manufacturer to ensure that the functionality of the device cannot be changed or altered from the certified criteria.

Article 2.55 in Title 13 establishes the process by which an ignition interlock device manufacturer can apply to the department to have its device certi- fied for use. This action amends the Application for Certification of Ignition Interlock Device, form DL 9, to remove the requirement that the ignition interlock device manu- facturer include the corporate seal on the form. Re- moving this requirement will allow manufacturers to submit their certification application online. As more of its services are offered virtually, the department an- ticipates this amendment will benefit manufacturers and the department by creating a more efficient appli- cation process.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 43 CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of other state regulations and has concluded that these are the only regulations related to the certification of ignition interlock devices in California. Therefore, the pro- posed regulations are neither inconsistent nor incom- patible with existing state regulations.

COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS The federal guidelines for the performance and uni- form testing of ignition interlock devices are identified in the Federal Register (Vol. 78, No. 89, Wednesday, May 8, 2013, on pages 26849–26867). The depart- ment’s rules establish the process by which ignition interlock device manufacturers can prove to the de- partment the device meets the federal specifications. There are no existing federal statues or regulations that govern the administration of confidential record programs.

DOCUMENTS INCORPORATED BY REFERENCE The following document is incorporated by refer- ence in the proposed regulations: ● Application for Certification of Ignition Interlock Device, form DL 9 (Rev. 6/2022) The form DL 9 will not be published in the Califor- nia Code of Regulations because it would be imprac- tical and cumbersome to do so as the form has tables; however, the document is readily available to interest- ed parties by contacting the department representative identified below.

ECONOMIC AND FISCAL IMPACT DETER MI NATIONS The department has made the following initial de- terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo - cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses : The department is not aware of any cost impacts that a representative private per- son or business would necessarily incur in rea- sonable compliance with the proposed action. ● Small Business Impact: This proposed action may impact small businesses. The rules adopt a form amendment that will allow for certification doc- uments to be submitted electronically.

This ac- tion could benefit businesses by allowing for an- other means by which to submit documentation to certify an ignition interlock device for use in California. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man- date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abil - ity of California businesses to compete with busi- nesses in other states : The department has made the initial determination that this action will not have a significant statewide adverse econom- ic impact directly affecting businesses nor will it impact the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: This proposed action is unlikely to 1) create or elim- inate jobs within the State of California; 2) create or eliminate businesses within the State of California; or 3) expand businesses currently doing business in the State of California.

This action may benefit the health, welfare, and safety of California residents by creating an efficient process by which a manufacturer can have an ignition interlock device certified for use in California. This proposed action is unlikely to benefit worker safety or the state’s environment. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 44 ALTERNATIVES CONSIDERED 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, or would be as effective and less burdensome to affect- ed 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 provisions of law.

CONTACT PERSON Any inquiries or comments concerning the pro- posed rulemaking action may be addressed to: Randi Calkins, Regulations Specialist Department of Motor Vehicles Legal Affairs Division P .O.

Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro- posed rulemaking action requiring more immediate response may use: Telephone: (916) 282–7294 Facsimile: (916) 657–6243 E–Mail: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back–up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657–6469 A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Ex- press Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of pub- lic records, including reports, documentation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial State- ment of Reasons, and Express Terms) may be ac- cessed at https://www.dmv.ca.gov/portal/about–the– california–department–of–motor–vehicles/ california–dmv–rulemaking–actions . A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.

If modifications are made which are sufficient- ly related to the originally proposed text, the fully modified text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regulations. Request for copies of any modified regu- lations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 265 and 355 of the Fish and Game Code and to implement, interpret or make spe- cific sections 265, 355 and 356 of said Code, propos- es to amend

Section 502, Title 14, California Code of Regulations, relating to waterfowl, migratory, Amer- ican coot and common moorhen (common gallinule). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current regulations in

Section 502, Title 14, Califor- nia Code of Regulations (CCR), provide

definitions, hunting zone descriptions, season opening and closing dates, and daily bag and possession limits for hunting of waterfowl. The proposed Frameworks for the 2023– 24 season were approved by the four regional Flyway councils in August and at the U.S. Fish and Wildlife Service (Service’

s) Regulations Committee meeting in October. The Frameworks allow for a liberal duck sea- son which includes: a 107–day season; a 7 daily duck limit including 7 mallards but only 2 hen mallards, 1 pintail, 2 canvasback, 2 redheads, and 2 scaup (during an 86–day season); and closing no later than January 31. The duck daily bag limits and season length, as well as the season lengths for geese, are provided as ranges below, to allow the Commission flexibility in determining the final regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 45 A range of season length and bag limit (zero bag limit represents a closed season) are also provided for black brant. The range is necessary, as the black brant Framework cannot be determined until the Pa- cific Flyway Winter Brant Survey is conducted in January 2023. The black brant regulatory package is determined by the most current Winter Brant Survey, rather than the prior year survey. The proposed sea- son length and bag limit will be updated per the Black Brant Harvest Strategy pending results of the January 2023 survey. See the

Summary of Proposed Water- fowl Hunting Regulations for 2023–24 table, below. Lastly, Federal regulations provide that California’s hunting regulations shall conform to those of Arizona in the Colorado River Zone and those of Oregon in the North Coast Special Management Area. The Department recommended changes to

Section 502 are: 1) Increase the duck season length to 103 days in subsection 502(d)(2)(

B) for the Southern San Joaquin Valley Zone, in subsection 502(d)(3)(

B) for the Southern California Zone, and in subsec- tion 502(d)(5)(

B) for the Balance of State Zone. 2) Increase the goose season length to 103 days in subsection 502(d)(2)(

B) for the Southern San Joaquin Valley Zone and in subsection 502(d)(3)(

B) for the Southern California Zone. 3) Combine the Y outh and Veterans and Active Military Personnel waterfowl hunting days in subsections 502(e)(1)(

B) and 502(f)(1)(

B) for the Northeastern California, Southern San Joaquin Valley, Southern California and Balance of State zones. 4) Allow up to two days of falconry–only season in subsection 502(g)(1)(

B) for the Northeastern California, Southern San Joaquin Valley, Southern California and Balance of State zones. Minor editorial changes are also proposed to clarify and simplify the regulations and to comply with exist- ing federal Frameworks. Benefits of the regulations The benefits of the proposed regulations are consis- tency with federal law and the sustainable manage- ment of the state’s waterfowl resources. Continued benefits to jobs and/or businesses that provide ser- vices to waterfowl hunters will be realized with the continued adoption of waterfowl hunting seasons in 2023–24.

Evaluation of incompatibility with existing regulations The Commission has reviewed its regulations in Ti- tle 14, CCR, and conducted a search of other regula- tions on this topic and has concluded that the proposed amendments to

Section 502 are neither inconsistent nor incompatible with existing State regulations. No other State agency has the authority to promulgate wa- terfowl hunting regulations. A

summary of proposed waterfowl hunting regula- tions for 2023–24 in table format is available in the Initial Statement of Reasons. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com- ments be submitted on or before April 6, 2023 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Com- mission office, must be received before 12:00 noon on April 14, 2023. If you would like copies of any mod- ifications to this proposal, please include your name and mailing address.

Mailed comments should be addressed to Fish and Game Commission, P .O. Box 944209, Sacramento, CA 94244–2090. Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Resources Headquarters Building Auditorium, 715 P Street, Sac- ramento, CA 95814, which will commence at 8:30 a.m. on Wednesday, February 8, 2023, and may continue at 8:30 a.m. on Thursday, February 9, 2023, or as soon thereafter as the matter may be heard. This meeting will also include the opportunity to participate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur- rent information. NOTICE IS ALSO GIVEN that any person inter- ested may present statements, orally or in writing, rel- evant to this action at a webinar/teleconference hear- ing which will commence at 8:30 a.m. on Wednesday, April 19, 2023, and may continue at 8:30 a.m., on Thursday, April 20, 2023.

Instructions for partici- pation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 46 which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern- ing the regulatory process to Melissa Miller–Hen- son or Maurene Trotter at FGC@fgc.ca.gov or at the preceding address or phone number.

Melanie Weav- er, Senior Environmental Scientist, Department of Fish and Wildlife, (916–502–1139 or Melanie. Weaver@wildlife.ca.gov) has been designated to respond to questions on the substance of the pro - posed regulations. A VAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif- fer from but are sufficiently related to the action pro- posed, they will be available to the public for at least 15 days prior to the date of adoption.

Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 355 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe- riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa- tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a signifi- cant statewide adverse economic impact direct- ly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations are expected to main- tain a similar level of recreational waterfowl hunt- ing opportunity for the public. Shifting days for general duck season affects available days for fal- conry–only seasons, which must also be adjusted annually so total season length does not exceed 107 days. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any im- pacts on the creation or elimination of jobs, the creation of new business, the elimination of ex- isting businesses, or the expansion of business- es in California.

The proposed waterfowl regu- lations will set the 2023–24 waterfowl hunting season dates and bag limits within the feder- al Frameworks. A total hunting season length of 107 days and shifts in days amongst the sea- son types suggest that the number of hunter– days remains similar to that in previous years, with little to no impacts to jobs and/or businesses that provide services to waterfowl hunters. The Commission anticipates that the proposed 2023– 24 waterfowl hunting regulations provide benefit for the health and welfare of California residents by providing opportunity for outdoor activity.

The Commission expects no benefits to work- er safety but does expect benefit to the environ- ment in that setting these regulations facilitates maintenance of sufficient waterfowl populations and their habitats while providing for the public’s beneficial use and enjoyment. The most recent Service National Survey of Fishing, Hunting, and Wildlife–Associated Recreation for California estimated that migratory bird hunters contrib- uted about $169 million to the state economy during the 2011 migratory bird hunting season.

However, minor variations in hunting regulations such as the ones proposed for waterfowl are, by themselves, unlikely to provide notable econom- ic stimulus to the state. Businesses that support waterfowl hunting are generally small business- es employing a few individuals and, like all small businesses, are subject to failure for a variety of causes. The long–term intent of the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 47 regulations is to sustainably manage waterfowl populations, and consequently, the long–term vi- ability of the same small businesses. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed 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. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Fish and Game Commission (Commission), pur- suant to the authority vested by sections 200, 205, 713, 1050, 2365, 7075, 7078, 8254, 8259 and 9005 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 255, 265, 270, 275, 713, 1050, 2365, 7050, 7055, 7056, 7071, 7075, 7078, 7852.2, 8026, 8043, 8046, 8250, 8250.5, 8251, 8254, 9002, 9005, 9006 and 9010 of said Code, proposes to amend sections 29.80, 29.90, 29.91, 121, 121.5, 122, 122.1, 122.2, and 705, Title 14, California Code of Regulations, relating to commercial and recreational take of California spiny lobster and recreational hoop net requirements for take of crustaceans.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations (CCR). The recreational and commercial spiny lobster fish- eries are managed under the authority of the 2016 California Spiny Lobster Fishery Management Plan (FMP) adopted by the Commission on April 13, 2016 and implementing regulations adopted the same year which went into effect April 1, 2017.

Existing implementing regulations for recreational take of spiny lobster, and regulations regarding the use of hoop nets for the recreational take of saltwater crus- taceans specify: ● Authorized methods of take (spiny lobster by hoop nets or by hand only; crab by hoop nets, crab traps and crab loop traps north of Point Ar- guello, or by hand). ● Hoop net limits (five per person south of Point Arguello, ten per vessel south of Point Arguel- lo, and two per person from a public pier state- wide), maximum hoop net service interval of two hours, and the two prescribed types of hoop nets allowed in California. ● A requirement to mark hoop nets that are de- ployed from a vessel with a buoy, and a require- ment to mark hoop net buoys with identification of the owner or operator of the hoop net. ● Open season, daily bag and possession limit, min- imum size limit, and report card requirements for California spiny lobster.

Existing, implementing regulations for the com- mercial spiny lobster fishery specify the open season, minimum size, limited entry permit requirements, restricted fishing areas, fishing log requirements, au- thorized methods of take, prescribed configuration of traps and buoys, trap limit, trap tag requirement, a requirement to report lost traps, maximum trap ser- vice interval of 168 hours, a prohibition of abandoning traps, and a prohibition against tampering with anoth- er person’s trap except to retrieve derelict traps.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 48 The proposed changes focus on fine–tuning existing regulations controlling the recreational and commer- cial spiny lobster fisheries. The amendments proposed here represent the cumulation of the California De- partment of Fish and Wildlife’s (Department) internal dialogue as well as the various outreach efforts to the recreational and commercial user groups. The frame- work established in the FMP is still sound and no FMP amendment is being proposed. The proposed changes are necessary to help improve the current regulations.

In addition to these adjustments, this proposal would also amend existing regulations on the recreational use of hoop nets beyond the scope of spiny lobster fishing in southern California. These additional changes to hoop net regulations are part of the ongoing effort by the Department to mitigate marine life entanglements in California. In 2021, new restrictions went into ef- fect for recreational trap use in the recreational crab fishery due to ongoing concerns over potential marine life entanglements.

Department staff have since noted the increased use of hoop nets as well as development of hoop nets that behave more like traps. These devel- opments prompted the Department to propose broader regulatory changes on hoop net use in this package. These changes were first implemented through an emergency rulemaking by the Commission on Octo- ber 13, 2022. Those changes would be adopted here through the standard rulemaking process. The proposed changes are as follows: Recreational Changes 29.80(b)

(1) Refine the specifications for the allowed types A and B hoop nets in line with the emer- gency regulation: For both types A and B hoop nets, require that that the soft mesh be non–me- tallic. For Type B hoop nets, restrict the number of rings to two, require that rigid support arms be straight, and prohibit additional openings. 29.80(b)

(1) For Type B hoop nets, specify that if a bait ring is used, it must be attached to the bottom half of the net and may not be attached to any part of the rigid frame. 29.80(b)(2) and

(3) Reorganize the requirement that the owner or operator of a hoop net shall raise the hoop net to the surface and inspect the contents of the hoop net at intervals not to exceed two hours and clarify that the required service interval ap- plies statewide. 29.80(b)

(4) Specify the number of hoop nets that may be deployed in different parts of the state. 29.80(b)

(5) Clarify hoop net buoy marking require- ments and establish marking requirement for hoop nets deployed by a vessel in California waters. 29.80(b)

(6) Prohibit the use of hoop nets for any pur- poses south of Point Arguello for the 24–hour period prior to the recreational spiny lobster sea- son opening. 29.90(

a) Change the start of the recreational season for spiny lobster from 6:00 am of the Saturday preceding the first Wednesday in October to 6:00 pm of the Friday preceding that first Wednesday. 29.90(

c) Clarify that when a spiny lobster is first tak- en it must be measured immediately and that any undersize lobster must be released with none kept in possession. 29.91(

b) Clarify that the month, day, location, and gear code must be entered on the first line of a Spiny Lobster Report Card prior to a hoop net be- ing deployed or diver entering the water. Commercial Changes 121.5(

b) Clarify that lobsters must be measured im- mediately when any trap is raised to the surface. 122(a)

(2) Change the boundary of where commer- cial fishing may occur on the southern Catalina Island coast to the more identifiable landmark Church Rock. 122.1(

b) Require lobster receiver buoys to be marked with the identification of their owners. 122.1(

c) and 705(c)

(5) Move the incorporation by reference of Form DFW 1701 (Lobster Operator Permit Catastrophic Lost Trap Tag Affidavit) from

Section 705 to

Section 122.1. 122.2(

f) and 705(c)

(7) Extend the deadline of the End of Season Spiny Lobster Trap Loss Reporting Affidavit (DFW 1020) from April 15 to April 30. Move the incorporation by reference of form DFW 1020 from

Section 705 to

Section 122.2. 122.2(

h) Add “disturb” to the prohibited actions for a lobster trap or receiver not one’s own. Specify that every commercial permit holder retrieving another individual’s trap to first obtain the trap owner’s written permission; the permit holder could then retrieve up to six lost or derelict traps per trip during the fishing season. Form DFW 1020 (Rev. 10/10/22) Reformat the trap loss affidavit. Insert a Privacy Notice in accor- dance with Civil Code subdivision 1798.17(b).

Non–substantive editing and renumbering to im- prove the clarity and consistency of the regulatory lan- guage have been made in sections 29.80, 29.90, 29.91, 121, 121.5, 122, 122.1, and 122.2. Benefit of the Regulations: The proposal improves enforceability of the regu- lations governing spiny lobster fishing, the commer- cial business’ operations, and the user experience for various stakeholders. In addition, the broader changes to recreational hoop net usage, specifically those ap- plicable to northern California recreational crab fish-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 49 ery, would help mitigate ongoing entanglement risk of endangered marine life. Consistency and Compatibility with Existing Regulations: The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Sec- tion 20,

Article IV , of the state Constitution specifies that the Legislature may delegate to the Commission such powers relating to the protection and propaga- tion of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the pow- er to adopt regulations governing lobster fishing and fishing generally (California Fish and Game Code sections 200, 205, 7075, 7078, and 8254). No other state agency has the authority to adopt regulations governing commercial and recreational take of spiny lobster and use of hoop nets for recreational fishing.

The Commission has reviewed its own regulations and finds that the proposed regulations are neither in- consistent nor incompatible with existing state regula- tions. The Commission has searched the CCR for any regulations regarding the adoption of fishing regula- tions and has concluded that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com- ments be submitted on or before April 6, 2023 at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed or emailed to the Commis- sion office, must be received before 12:00 noon on April 14, 2023. If you would like copies of any mod- ifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P .O. Box 944209, Sacramento, CA 94244–2090.

Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Resources Headquarters Building Auditorium, 715 P Street, Sacramento, California, which will commence at 8:30 a.m. on Wednesday, February 8, 2023, and may continue at 8:30 a.m., on Thursday, February 9, 2023. This meeting will also include the opportunity to par- ticipate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. NOTICE IS ALSO GIVEN that any person inter- ested may present statements, orally or in writing, rel- evant to this action at a webinar/teleconference hear- ing which will commence at 8:30 a.m. on Wednesday, April 19, 2023, and may continue at 8:30 a.m., on Thursday, April 20, 2023.

Instructions for partici- pation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Di- rector, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above– mentioned documents and inquiries concerning the regulatory process to Melissa Miller–Henson or Sher- rie Fonbuena at FGC@fgc.ca.gov or at the preceding address or phone number. Dr.

Jenny Hofmeister, Environmental Scientist, Department of Fish and Wildlife, (lobster@wildlife.ca.gov), has been desig- nated to respond to questions on the substance of the proposed regulations. Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein.

If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff. IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 50 (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a signifi- cant statewide adverse economic impact direct- ly affecting business, including the ability of California businesses to compete with business- es in other states. The proposed amendments to current regulations are not anticipated to intro- duce additional costs for commercial or recre- ational fishers.

The volume of recreational and commercial activity in the fishery is not expect- ed to change as a result of the proposed amend- ments. The proposed refinements of spiny lobster and recreational hoop net regulations clarify de- tails of the existing regulations including zone boundaries and simplify marking requirements that should save time while also achieving man- agement ends.

For the most recent season of 2021–2022, the Department has data on 238 businesses that could possibly be affected: 132 active commercial lob- ster operators; 39 commercial passenger fishing vessels (CPFV) that offer lobster trips; and 67 CPFVs that offer Dungeness crab trips. Only the CPFV operators would be affected by the recre- ational hoop net changes, and not many, if any, CPFVs have been deploying the new hoop net gear for the take of spiny lobster or crab. Commercial lobster fisheries do not use recreational hoop nets so will not be affected by this change.

The demarcation of the boundary of where com- mercial fishing may occur on the southern Santa Catalina Island coast to a more identifiable land- mark (Section 122) is not anticipated to impact fuel or other costs. The boundary is proposed to be moved by about 150 feet to a more readi- ly identified landmark. This amendment will ex- pand the fishable areas that lobster vessel opera- tors may choose to fish though some may choose to stay within the previously defined boundary (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate impacts on the creation or elimination of jobs within the state, the creation of new business, the elimina- tion of existing businesses, or the expansion of businesses in California because the proposed regulations are unlikely to change the demand for goods or services related to the commercial and recreational spiny lobster fisheries and rec- reational crab fishery.

The Commission does not anticipate direct benefits to the general health and welfare of California residents; however, the pro- posal would benefit California residents generally by benefitting the state’s environment. Benefits to worker safety are anticipated, with the reduction in the risks incurred by the Department’s Law Enforcement Division (LED) during dark hour openers and long shifts. Benefits to the state’s environment are anticipated includ- ing preservation of the lobster fishery resource through regulatory oversight, and a reduction in the number of marine life entanglements in fish- ing gear. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost im- pacts that a representative private person or busi- ness would necessarily incur in reasonable com- pliance with the proposed action. The proposed regulatory action is not anticipated to introduce new monetary costs that would be necessarily incurred in reasonable compliance with the pro- posed amendments to the current regulations. Under current regulations, commercial lobster receivers are required to be marked with a buoy, but no buoy marking requirements are specified.

In response to fishery feedback, marking require- ments for buoys for commercial lobster receiv- ers were specified to be the same as those in use for commercial traps. The proposed marking re- quirements for hoop nets north of Point Arguello will not have cost impacts because hoop nets de- ployed from a vessel would already have buoys attached with identifying marks. The proposed regulation will require that the buoy be marked with the GOID, which can be done with a perma- nent marker or other low–cost methods. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Commission estimates that program imple- mentation will involve some increase or shift in work effort for staff within the Department’s LED totaling approximately $18,618 annually that is absorbable within currently existing budgets. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 51 (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed 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. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 203, 203.1, 265, 332 and 1050 of the Fish and Game Code and to implement, interpret, or make specific sections 332, 1050, 1570, 1571, 1572, 1573 and 1574 of said Code, proposes to amend Sections 364 and 364.1 of Title 14, California Code of Regulations related to elk hunting. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current regulations in

Section 364 provide defini- tions, hunting zone descriptions, season opening and closing dates, methods of take (e.g., general methods, archery only, muzzleloader only), tag designations (e.g., bull, spike bull, antlerless, and either–sex), tag quotas (total number of hunting tags to be made avail- able), and bag and possession limits for elk hunting.

Section 364.1 provides season opening and closing dates, methods of take, tag designations, tag quotas, and bag and possession limits for elk hunting admin- istered through the SHARE hunt program. Individuals are awarded an elk hunting tag through the Depart- ment’s Big Game Drawing or SHARE hunt program drawing. Harvest of an elk is authorized for an individual awarded a tag for a respective hunt zone or SHARE property and season.

Tag quotas are established based on a variety of factors including population density and abundance, age and sex composition, elk distri- bution, and human–elk conflict levels, among other population objectives, factors, and considerations. The Department has identified the following areas where increased public elk hunting opportunities are feasible and support achievement of population objectives: Tejon Rocky Mountain Elk Management Unit.

Currently there is no hunt zone established which authorizes public elk harvest in the Tejon Rocky Mountain Elk Management Unit Bear Valley and Cache Creek Tule Elk Hunt Zones. Current (2022) public tag quota for these zones are 1 antlerless tag and 2 bull tags (Bear Valley), and 1 apprentice bull tag, 2 antlerless tags, and 2 bull tags (Cache Creek). Siskiyou Roosevelt Elk Hunt Zone. Current (2022) public tag quota for the Siskiyou Hunt Zone is 20 antlerless tags and 20 bull tags. The bull and ant- lerless hunt periods are concurrent. Northwestern Roosevelt Elk Hunt Zone.

Current (2022) public tag quota for the Northwestern Hunt Zone is 15 antlerless tags, 3 bull tags, and 3 either–sex tags. La Panza Tule Elk Hunt Zone and Central Coast Tule Elk Management Unit. Current (2022) public tag quotas for the La Panza Hunt Zone is 1 appren- tice antlerless tag, 11 antlerless tags across two hunt periods (5 and 6 tags, respectively), and 12 bull tags across two hunt periods (6 and 6, re- spectively). There is currently no authorized public elk harvest in the Central Coast Tule Elk Management Unit. The proposed regulatory changes will: Siskiyou Roosevelt Elk Hunt Zone.

Set public tag quota for the Siskiyou Hunt Zone to 20 bull tags and 30 antlerless tags. Shift the bull season from September to October. Northwestern Roosevelt Elk Hunt Zone. Set public tag quota for the Northwestern Hunt Zone to 25 bull tags, 15 antlerless tags, and 3 either–sex tags. Bear Valley and Cache Creek Tule Elk Hunt Zones. Modify adjacent Hunt Zone boundaries to bound demographically and genetically interacting populations.

The goals and benefits of the regulations are to help achieve management objectives related to current en- vironmental, biological, and social conditions related to relevant elk populations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 52 Tejon Rocky Mountain Elk Management Unit. Create a Tehachapi Rocky Mountain Elk Hunt Zone and General Methods Hunt, with tag allowances set at 5 bull and 10 antlerless. La Panza Tule Elk Hunt Zone and Central Coast Tule Elk Management Unit. Decrease the size of the La Panza Hunt Zone, create a new Gabilan Tule Elk Hunt Zone, and create a new Central Coast Tule Elk Zone, which incorporates the existing Camp Roberts Tule Elk Management Unit.

For each of the new Hunt Zones, create a General Methods Hunt, with tag allowances set at: 6 bull and 5 antlerless (La Panza Period 1), 6 bull and 5 antlerless (La Panza Period 2), 10 bull and 10 ant- lerless (Central Coast), and 4 bull and 6 antlerless (Gabilan). The Department is proposing changes to the follow- ing regulations in Title 14, CCR: ●

Section 364. Elk Hunts, Seasons, and Number of Tags ●

Section 364.1. Department Administered Shared Habitat Alliance for Recreational Enhancement (SHARE) Elk Hunts Benefit of the Regulations: The proposed regulatory action is designed to help achieve management objectives related to current en- vironmental, biological, and social conditions, as out- lined in the Elk Conservation and Management Plan. Consistency and Compatibility with Existing Regulations:

Article IV,

Section 20 of the State Constitution spec- ifies that the Legislature may delegate to Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. Commis- sion staff has searched the California Code of Regula- tions and has found no other state regulations that ad- dress the

definitions, hunting zone descriptions, sea- son opening and closing dates, methods of take (e.g., general methods, archery only, muzzleloader only), tag designations (e.g., bull, spike bull, antlerless, and either–sex), tag quotas (total number of hunting tags to be made available), and bag and possession limits for elk hunting. The Commission has reviewed its own regulations and finds that the proposed regulations are consistent with other big game mammal regulations in Title 14, CCR, and therefore finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

PUBLIC PARTICIPATION NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the California Natural Resources Agency Headquarters 1 st Floor Audito - rium, 715 P Street, Sacramento, California, 95814 commencing at 8:30 a.m. on Wednesday, February 8, 2023, and may continue at 8:30 a.m. on Thursday, February 9, 2023. This meeting will also include the opportunity to participate via webinar/teleconference.

Instructions for participation in the webinar/telecon- ference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writing, relevant to this action at a webinar/teleconference will commence at 8:30 a.m. on Wednesday, April 19, 2023, and may continue at 8:30 a.m. on Thurs- day, April 20, 2023 .

Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur- rent information. It is requested, but not required, that written com- ments be submitted by 5:00 p.m. on April 6, 2023 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on April 14, 2023 .

If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, CA 95814. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini- tial Statement of Reasons, and the text of the regula- tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, 16th Floor, Sacramento, California 95814, phone (916) 653–4899. Please direct requests for the above–men- tioned documents and inquiries concerning the reg- ulatory process to Melissa Miller–Henson or David Haug at FGC@fgc.ca.gov or at the preceding address or phone number.

Elk and Pronghorn Coordinator, Thomas Batter, Department of Fish and Wildlife, (Thomas.Batter@ wildlife.ca.gov or (916)373–6627), has been desig - nated to respond to questions on the substance of the proposed regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 53 A VAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif- fer from but are sufficiently related to the action pro- posed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe- riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representa- tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States The proposed regulation will not have a signifi- cant statewide adverse economic impact direct- ly affecting business, including the ability of California businesses to compete with business- es in other states. This regulatory action will not impose cost impacts that a representative busi- ness would necessarily incur in reasonable com- pliance with the proposed regulation. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment.

The Commission does not anticipate impacts on the creation or elimination of jobs within the state, the creation of new business, the elimina- tion of existing businesses, or the expansion of businesses in California because the expected economic impacts of the proposed regulations are unlikely to be substantial enough to substantial- ly stimulate demand for goods or services related to elk hunting. If greater numbers of hunters vis- it the areas in the state with increased opportuni - ties, businesses that provide goods and services to elk hunters could benefit from small increases in sales.

The Commission does not anticipate di- rect benefits to the general health and welfare of California residents, the environment, or to work- er safety, however California residents will bene- fit generally through access to the expanded rec- reational opportunities created by the proposed changes. (

c) Cost Impacts on a Representative Private Person or Business The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compli- ance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State The Department anticipates an estimated $57,891 increase in tag sales revenue with the implemen- tation of the proposed regulation for the poten- tial sale of 111 resident elk tags and 1 non–resi- dent elk tag. Changes to elk hunt zone boundaries and the creation of new zones is not anticipated to have a costs or savings impact, as existing zones for other species under Department jurisdiction will overlap with those proposed. Therefore, no operational changes are necessary. (

e) Nondiscretionary Costs/Savings to Local Agencies None. (

f) Programs Mandated on Local Agencies or School Districts None. (

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code None. (

h) Effect on Housing Costs None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 54 EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis- sion has drafted the regulations in Plain English pur- suant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed 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. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Reha- bilitation (CDCR or Department), proposes to amend Sections 3075, 3097, 3122, 3161, 3375.2, 3376.1, and 3377.2 into Title 15, Division 3,

Chapter 1, regarding the Condemned Inmate Transfer Program. PUBLIC HEARING Date and Time: March 8, 2023 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Conference Room 150 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins January 20, 2023 and closes on March 8, 2023. 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. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 Regulation and Policy Management Branch P .O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Su n Telephone: (916) 445–2269 Regulation and Policy Management Branch P .O. Box 942883 Sacramento, CA 94283–0001 Program Contact Tracy Snyder Telephone: (916) 324–6808 Division of Adult Institutions 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, respon- sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Y outh Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing 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 pro- vides 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 employ- ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre- viously 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 55 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On November 8, 2016, the people of the state of Cal- ifornia voted in support of the passage of Proposition 66, known as the Death Penalty Reform and Savings Act of 2016. As a result of the passage of this legisla- tion, sections of the California Penal Code (PC) gov- erning how the California Department of Corrections and Rehabilitation (CDCR or the department) manag- es the condemned population were adopted or amend- ed.

Section 3600 of the PC was amended to reflect that CDCR may transfer male condemned inmates to alter- nate institutions which it has determined can provide a level of security sufficient for that inmate. Previously, PC

section 3600 mandated that male condemned in- mates be housed at the prison designated by CDCR for the execution of the death penalty, which is San Quentin State Prison (SQSP). The proposed regulatory changes implement and make specific the statutory authority to move male condemned inmates from SQSP to other institutions throughout the state commensurate with their case factors and security needs.

Female condemned in- mates will continue to be housed solely at Central Cal- ifornia Women’s Facility (CCWF) in compliance with PC sections 3601 and 3602, but transitioned to general population housing or other housing consistent with their case factors and security needs. In addition, Proposition 66 also resulted in the adop- tion of PC

section 2700.1 which requires that con- demned inmates in the custody of CDCR be required to work as prescribed by the rules and regulations of the department. This statute also requires that when a condemned inmate owes a restitution fine or order, CDCR shall deduct 70% or the balance owing, which- ever is less, from the condemned inmate’s trust ac- count deposits, regardless of the source of the income. CDCR is then required to transfer those funds to the California Victim Compensation Board (formally known as the California Victims Compensation and Government Claims Board).

The penal code now mandates that condemned in- mates be required to work and pay larger amounts of trust account balances towards restitution fines and direct restitution orders. The institutional design of the condemned housing at SQSP and CCWF limits the availability of work assignments so that the de- partment is unable to fully meet the work mandate as required in the penal code. The proposed regulatory changes will facilitate greater compliance with PC

section 2700.1; therefore, CDCR has elected to move male condemned inmates to other institutions and re– house female condemned inmates in the general pop- ulation at CCWF, consistent with their custody and security levels. The inmate classification score system (ICSS) as- signs a numerical preliminary score and placement score to each inmate. Preliminary scores are deter- mined by a review of an inmate’s case factors, in- cluding but not limited to: age at first arrest, age at reception to CDCR, length of prison term, and prior incarceration behavior.

A mandatory minimum score is a classification score that is applied when an inmate has a case factor that requires that he or she be housed no lower than a specific security level. A mandatory minimum score, if greater than the preliminary score, supersedes the preliminary score and becomes the inmate’s placement score. If a mandatory minimum score is less than the preliminary score, the prelim- inary score is the inmate’s placement score. A low- er placement score indicates lesser security control needs and a higher placement score indicates greater security control needs.

Currently condemned inmates have a mandatory minimum placement score of 60 points, making their housing level placement no lower than that of a Level IV facility. The proposed manda- tory minimum placement score of 19 points would al- low placement no lower than a Level II facility, except when authorized by the Departmental Review Board (DRB). This change to the mandatory minimum would more accurately reflect the current demographic of the preliminary scores of the condemned population, of which over 50% reflect preliminary scores consistent with Level III and Level IV security levels.

Custody level is another term used to define a level of security assigned to each inmate. CDCR’s inmate custody designation determines where an inmate is housed, the jobs that the inmate is eligible to be con- sidered for, and the level of staff supervision that is required to ensure institutional security and public safety. Currently, CDCR houses condemned inmates as MAXIMUM custody at SQSP and CCWF. This designation is due to the fact that the condemned pop- ulation is segregated from the rest of the inmate pop- ulation at each of these facilities in a more restrictive housing unit.

Under the proposed regulatory change, CDCR would assign condemned inmates to a Close Custody designation for at least five years. This cus- tody level will afford CDCR the highest custody level for an inmate in a non–segregated environment, while still allowing for the integration of the condemned population into the general population. This action will: ● Bring the department into compliance with Prop- osition 66, passed by California voters in 2016, which amended PC

section 3600 to allow con- demned male inmates to be housed at any CDCR institution which has a sufficient security level for that specific inmate.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 56 ● Bring the department into compliance with PC

section 2700.1 which, as a result of the passage of Proposition 66, requires condemned inmates to work as prescribed by the rules and regulations of the department, and pay restitution when so ordered. ● Establish that condemned inmates shall not be housed in a facility with a security level lower than that which is authorized to house inmates sentenced to life without the possibility of parole. ● Clarify that all condemned male inmates shall be delivered to San Quentin State Prison, and all condemned female inmates shall be delivered to the Central California Women’s Facility, upon ar- rival in CDCR custody, consistent with PC sec- tions 3600 and 3602, respectively. ● Establish that the department shall deduct 70% or the balance owing, whichever is less, from a con- demned inmate’s wages and trust account depos- its, pursuant to PC

section 2700.1, subject to spec- ified exemptions. ● Ensure condemned inmates are able to continue with appeals of their capital conviction, irrespec- tive of which institution they are housed at. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulations will bring the department into compliance with Proposition 66, the Death Penal- ty Reform and Savings Act of 2016. Additionally, vic- tims of crime may receive increased restitution funds as a result of the new requirement that condemned in - mates must work and pay greater restitution amounts than previously required.

DOCUMENTS INCORPORATED BY REFERENCE None. 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 reg- ulations. 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 housing of condemned inmates.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT • Cost or savings to any state agency: Savings of $21,258,000 annually. • Cost to any local agency or school district that is re- quired 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 signifi- cant statewide adverse economic impact directly af- fecting 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 ac- tion has no significant adverse economic impact on small business because they place 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 REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 57 California, or effect the expansion of businesses cur- rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment. The proposed regulations may benefit the welfare of California residents by helping victims of crime re- ceive restitution.

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 invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched- uled hearing or during the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail- able 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 per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart- ment’s contact person.

A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly 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 reg- ulation 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 18. FRANCHISE TAX BOARD Pursuant to California Government Code

section 11346.4, the Franchise Tax Board (“FTB”) hereby gives notice of its intention to amend California Code of Regulations, title 18,

section (“Regulation”) 25137, relating to alternative apportionment method petition procedures. PUBLIC HEARING The FTB has not scheduled a public hearing on this proposed action. However, the FTB will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre- sentative, no later than 15 days before the close of the written comment period indicated below . The request should be submitted to the FTB officer named below. In addition, Government Code

section 15702, sub- division (

b) provides for consideration by the three– member Board (“the Board, itself”), of any proposed regulatory action if any person makes such request in writing. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the FTB. The written comment period closes on March 7, 2023. The FTB will consider only comments received at the FTB of- fices by that time. The FTB encourages submission of comments in electronic form, rather than in pa- per form.

Comments may be submitted by email to Ftbregulations@ftb.ca.gov Comments in paper form may be submitted to: Hanna Cho, Tax Counsel III Legal Division, MS A260 Franchise Tax Board P .O. Box 1720 Rancho Cordova, CA 95741–1720 Fax: (916) 845–7298 AUTHORITY AND REFERENCE California Revenue and Taxation Code

section (“Section”) 19503 authorizes the FTB to prescribe regulations necessary for the enforcement of

Part 11 (commencing with

section 23001) of the Revenue and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 3-Z 58 Taxation Code. The proposed amendments to Regu- lation 25137 implement, interpret, and make specific provisions in

Section 25137 which is included in

Part 11 of the Revenue and Taxation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

SUMMARY OF EXISTING LAWS AND REGULATIONS

Section 25137 permits a taxpayer to petition for the use of an alternative apportionment method if the standard allocation and apportionment provisions do not fairly reflect the extent of a taxpayer’s business activity in California. Regulation 25137, subsection (d), currently provides that, in cases deemed appro- priate, the FTB may elect to hear and decide petitions filed pursuant to

Section 25137 instead of having this function performed by the staff, and that consideration of said petitions will be heard in open–session