Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 29-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JULY 21, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0711–03 ........................................ 917 AMENDMENT MULTI–COUNTY: East Kern Healthcare District STATE AGENCY: Commission on Aging TITLE 2.

STATE COMPENSATION INSURANCE FUND Conflict–of–Interest Code — Notice File Number Z2023–0703–03 ......................................... 918 TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM 2% at 62 Compensation Paid Each Pay Period — Notice File Number Z2023–0711–02 ........................ 918 TITLE 11. DEPARTMENT OF JUSTICE Tobacco Fire Safety — Notice File Number Z2023–0711–01 .............................................. 921 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Youth Offender Program — Notice File Number Z2023–0705–01 .......................................... 926 TITLE 16.

DEPARTMENT OF CONSUMER AFFAIRS/ BUREAU OF SECURITY AND INVESTIGATIVE SERVICES Power to Arrest and Appropriate Use of Force Training — Notice File Number Z2023–0707–01 ................. 928 TITLE 22. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION Skilled Nursing Facility Financial Ownership Transparency — Notice File Number Z2023–0707–03 ............. 932 TITLE 22. STATE WATER RESOURCES CONTROL BOARD Direct Potable Reuse Regulations — Notice File Number Z2023–0711–04 ................................... 934 (Continued on next page)

DECISION NOT TO PROCEED EMERGENCY MEDICAL SERVICES AUTHORITY Paramedic Fees ................................................................................. 943

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 943 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 917 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair 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 MULTI–COUNTY: East Kern Healthcare District Regional Water Authority STATE AGENCY: Commission on Aging A written comment period has been established commencing on July 21, 2023 and closing on Sep - tember 5, 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. 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 September 4, 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– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.

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-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 918 mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103. TITLE 2. STATE COMPENSATION INSURANCE FUND NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the State Com- pensation Insurance Fund, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on July 21, 2023 and closing on September 4, 2023. All inquiries should be directed to the contact listed below. The State Compensation Insurance Fund propos- es 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 newly added and deleted positions, department re - structures, removing positions that do not meet the fil- ing requirements, and makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than September 4, 2023, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than August 31, 2023. The State Compensation Insurance Fund has de- termined 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: Jorrell Sorensen, Director of Employee Relations (916) 924–6895 Form700@scif.com TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM.

CHAPTER 2.5. COMPENSATION FOR 2% AT 62 MEMBERS.

ARTICLE 1. CREDITABLE COMPENSATION.

SECTION 27650 The California State Teachers’ Retirement System (“CalSTRS”) and the Teachers’ Retirement Board (“board”) propose to adopt the regulations described hereunder, after considering all comments, objections and recommendations regarding the proposed action. PUBLIC HEARING The Teachers’ Retirement Board will hold a public hearing: Date and Time 1:00 p.m. September 14, 2023 The hearing may be rescheduled to occur as early as 8:00 a.m. or as late as 4:00 p.m. as it is incorporat - ed into the board’s agenda. Please consult the agen - da for the meeting, which will be available at www.

CalSTRS.com/teachers–retirement–board by Septem- ber 1, 2023, to confirm the exact time at which the hearing will be held. Please arrive promptly for check in before the sched- uled start time. The hearing will conclude once each speaker present has provided testimony. Location California State Teachers’ Retirement System Boardroom 100 Waterfront Place\ West Sacramento, CA 95605 Purpose To receive oral or written comments about this ac - tion. Comments are limited to five minutes per per -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 919 son and must not repeat comments already received in written or verbal form. Accessibility The hearing room is accessible to persons with mo - bility impairments, and it can be made accessible to persons with hearing or visual impairments upon ad - vance request. WRITTEN COMMENT PERIOD Any interested person, or their authorized repre - sentative, may submit written comments relevant to the proposed regulatory action to CalSTRS. The writ - ten comment period closes on September 13, 2023 .

CalSTRS will only consider written comments re - ceived at CalSTRS’ address as reflected below by that date. Submit comments to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS–14 Sacramento, CA 95851–0275 E–Mail: Regulations@CalSTRS.com AUTHORITY AND REFERENCE The board has exclusive authority to administer CalSTRS under

Article XVI,

section 17 of the Cali - fornia Constitution. Education Code

section 22305 provides that any rules and regulations adopted by the board have the force and effect of law. Education Code

section 22119.3 requires that credit- able compensation be paid “each pay period the cred - itable service is performed” in order for it to be cred - itable to CalSTRS for 2% at 62 Defined Benefit (DB) members. Education Code

section 26139.5 requires that salary be paid “each pay period in cash by an employer to a participant for creditable service performed” in order for it to be creditable to CalSTRS for Cash Balance (CB) Benefit Program participants subject to the Pub- lic Employees’ Pension Reform Act of 2013 (PEPRA). These proposed regulations further interpret and make specific Education Code sections 22119.3 and 26139.5 The board approved the proposed regulations on March 1, 2023, and directed CalSTRS staff to give public notice and

schedule a public hearing before the board. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW There are instances in which a member or partici - pant may perform routine and regular service outside of a regular pay period, such as the beginning of the school term, where it is not clear whether compensa - tion for such service would be considered to meet the definition of “creditable compensation” for 2% at 62 DB members or the definition of “salary” for CB par - ticipants subject to PEPRA.

The proposed regulations ensure that members’ and participants’ compensation is credited in the manner intended by existing law, even when those members or participants perform creditable service for a school term outside of a reg - ular pay period by providing employers with greater clarity on how to treat those unique situations. No other nonmonetary benefits, such as the pro - tection of public health and safety, worker safety or the environment; the prevention of discrimination; the promotion of fairness or social equity; or an in - crease in transparency in business and government are anticipated.

The regulations proposed in this rulemaking action make specific the Education Code as it relates to cred- itable compensation or salary being paid “each pay pe- riod the creditable service is performed” or “each pay period in cash by an employer to a participant for cred- itable service performed,” respectively, in order for it to be creditable. CalSTRS evaluated whether the pro - posed regulations were inconsistent or incompatible with existing state regulations and found that there are no overlapping provisions with other state regulations.

Thus, the proposed regulations are neither inconsis - tent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION CalSTRS has made the following initial determi - nations, as required by the California Administra - tive Procedure Act and Office of Administrative Law regulations: 1. Mandate on local agencies and school districts: None. The proposed regulations do not place a mandate on local agencies or school districts. CalSTRS has determined that the regulations proposed do not constitute a mandate on school districts or other local agencies.

They clarify ex - isting requirements for the proper reporting of employee compensation to CalSTRS. 2. Cost or savings to any state agency: None. The proposed regulations are not expected to result in costs or savings to any state agency.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 920 3. Cost to any local agency or school district which must be reimbursed in accordance with California Government Code sections 17500 through 17630: None. The proposed regulations do not place a mandate on local agencies or school districts, and there would be no costs incurred by these entities. 4. Other nondiscretionary cost or savings imposed on local agencies: None. There are no requirements imposed on lo - cal agencies, and therefore, there are no other nondiscretionary costs or savings. 5.

Cost or savings in federal funding to the state: None. These regulations do not relate to any fed - eral program. 6. Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None. The proposed regulations do not affect businesses. 7. Cost impacts on a representative private person or business: The board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

The proposed regulations do not affect private persons or businesses. 8. Results of the economic impact assessment/ analysis: These regulations are not anticipated to have any direct, indirect or induced effect on California businesses.

Specifically: ● The action will not have any effect on the creation or elimination of jobs within the state. ● The action will not affect the creation of new businesses or the elimination of existing businesses within the state. ● The action will not affect the expansion of businesses currently doing business within the state. ● The action will have no effect on worker safety and the state’s environment. This regulatory action will not affect the health and welfare of California residents.

As stated in the Informative Digest/Policy Statement Overview, the proposed regulations will further clarify and make specific the statuto - ry requirements that compensation be paid “each pay period the creditable service is performed” or “each pay period in cash by an employer to a par- ticipant for creditable service performed” in or - der to be creditable to CalSTRS for 2% at 62 DB members and CB participants subject to PEPRA, respectively.

This conforms to the Teachers’ Retirement Board’s policy to support regulations that improve the delivery of benefits and services and provide more effective and efficient adminis- tration of the retirement plan. 9. Significant effect on housing costs: None. The proposed regulations do not relate di - rectly or indirectly to housing costs. 10. Small business determination: The board has determined that the proposed reg - ulations do not affect small business as small businesses are not governed or affected, either di- rectly or indirectly, by the statutes that these reg - ulations are clarifying.

CONSIDERATION OF ALTERNATIVES In accordance with paragraph (13) of subdivision (

a) of Government Code

section 11346.5, CalSTRS and the board must determine that no reasonable alterna - tive considered or otherwise identified and brought to its attention would be: ● More effective in carrying out the purpose for which the action is proposed, ● As effective and less burdensome to affected pri- vate persons than the proposed action, or ● More cost–effective to affected private persons and equally effective in implementing the statu - tory policy or other provision of law.

CalSTRS and the board invite interested persons to present any statements or arguments that would sup - port alternatives to the proposed regulations in the form of written comments or by providing testimony at the public hearing. CONTACT PERSON Inquiries concerning the proposed action may be directed to: Sal Sanchez Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS–14 Sacramento, CA 95851–0275 Telephone: (916) 414–1994 E–Mail: Regulations@CalSTRS.com The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 921 John Maradik–Symkowick Governmental Relations California State Teachers’ Retirement System P.O. Box 15275, MS–14 Sacramento, CA 95851–0275 Telephone: (916) 414–1994 E–Mail: Regulations@CalSTRS.com Please direct requests for copies of the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to CalSTRS using the contact information listed above.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The rulemaking file is available for public inspec - tion and copying throughout the rulemaking process at CalSTRS headquarters, located at 100 Waterfront Place, West Sacramento, CA, 95605. As of the date this notice is published in the California Notice Reg - ister, the rulemaking file consists of this notice, the proposed text of the regulations, the Initial Statement of Reasons and the Economic and Fiscal Impact State- ment (STD 399).

Copies of this notice, the proposed text of the regu - lations, the Initial Statement of Reasons and the Eco - nomic and Fiscal Impact Statement are available at no charge by contacting CalSTRS using the contact in - formation listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the board may adopt the proposed regula - tions substantially as described in this notice or may, on its own motion or at the recommendation of any interested person, modify the proposed regulations.

If the board makes modifications that are sufficient- ly related to the original proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before adopt- ing the regulations as revised. The board will accept written comments on the modified regulations for 15 days after the date on which they are made available. Please refer to www.CalSTRS.com/regulations or contact CalSTRS using the contact information listed above for copies of modifications, if any.

AVAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, CalSTRS will have the Final Statement of Reasons available for public in - spection and copying at its headquarters, located at 100 Waterfront Place, West Sacramento, CA, 95605. Upon filing of the amended regulations with the Sec - retary of State, the Final Statement of Reasons will also be available temporarily on the CalSTRS website at www.CalSTRS.com/approved–regulations.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Notice of Proposed Rulemaking, the Initial Statement of Reasons and the text of the proposed reg- ulations are posted on the CalSTRS website at www. CalSTRS.com/regulations. TITLE 11. DEPARTMENT OF JUSTICE DIVISION 1. ATTORNEY GENERAL

CHAPTER 16. MASTER SETTLEMENT AGREEMENT, TOBACCO

CHAPTER 16.5 FIRE STANDARD COMPLIANT CIGARETTES The Department of Justice (Department) proposes to adopt

section 999.30 of new

Chapter 16.5, Division 1, of Title 11 of the California Code of Regulations and revisions to forms JUS–TOB8 and JUS–TOB15 to im- plement Assembly Bill 1742, which requires the De - partment to administer the California Cigarette Fire Safety and Firefighter Protection Act (“Fire Safety Act”) (Health & Safety Code, §§ 14950–14959.) Fur- thermore, the Department proposes to amend sections 999.10 and 999.12 of

Chapter 16, Division 1, of Title 11 of the California Code of Regulations and the Ap - proved Tobacco Escrow Agreement form JUS–TOB6. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on September 5, 2023 at 5:00 p.m. Only written comments received by that time will be con - sidered. Please submit written comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 922 Department of Justice Barry Alves Department of Justice Tobacco Unit 1300 I Street Sacramento, Suite 125 Sacramento, CA 95814 regulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 30165.1, Revenue and Taxation Code (Rev. & Tax. Code); Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958, 14959 and 104555, 104556, 104557, Health and Safety Code. Reference:

Section 30165.1, Revenue and Taxation Code; Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958, 14959 and 104555, 104556, 104557, Health and Safety Code;

Section 22979, Busi- ness and Professions Code INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: A. Fire Safety Act The Fire Safety Act (Health & Safety Code, §§ 14950–14959) governs the ignition propensity of cigarettes sold in California. Fire Standard Compliant (“FSC”) cigarettes are engineered to go out when not actively smoked. Conversely, non–FSC cigarettes may stay lit when not in active use and thus present a seri - ous fire risk.

Since 2007, cigarettes cannot be sold in California unless the manufacturer certified that their cigarettes are designed, produced, and tested to meet a nationwide performance standard regarding their pro - pensity to burn while not being actively smoked, and marked to show compliance with Fire Safety Act re - quirements. (Health & Safety Code, §§ 14950–14959.) There is no federal law regulating the ignition propen- sity of cigarettes. Instead, this nationwide safety mea- sure is maintained by each state having passed and continuing to administer a FSC program that is sub - stantially the same as California’s.

In 2018, Califor - nia amended the Fire Safety Act to make all non–FSC cigarettes contraband per se. (Health & Safety Code, § 14957.) In 2022, Assembly Bill 1742 amended the Fire Safe- ty Act to transition the administration of the State’s FSC cigarette program from the State Fire Marshal to the Department, effective January 1, 2023. (Health & Safety Code, §§ 14951(d), 14953.) Moreover, Assembly Bill 1742 makes Fire Safety Act compliance a require- ment for cigarettes to be eligible for listing on the Cal- ifornia tobacco directory, which is administered and maintained by the Department.

It is unlawful for Cig - arettes to be sold, offered for sale, or possessed for sale in California if they are not listed on the Department’s tobacco directory. (Rev. & Tax. Code, § 30165.1, sub- division (e).) Cigarette manufacturers must file annual certifications to remain listed on the Department’s to - bacco directory. (Rev. & Tax. Code, § 30165.1, subdi- vision (c)(3).) To administer the Fire Safety Act, the Department requires regulations and forms for processing Fire Safety Act certifications. New

section 999.30 of new

Chapter 16.5, Division 1, of Title 11 of the California Code of Regulations will set forth the Fire Safety Act regulation and new form JUS–TOB15 and the revised JUS–TOB8 form will be the Fire Safety Act forms. B.

Tobacco Escrow Agreement In 1998, 46 states entered into the Tobacco Mas - ter Settlement Agreement (“MSA”) with the largest tobacco manufacturers in the United States to settle certain claims against manufacturers arising out of the sale, advertising, and consumption of certain tobac - co products. (Health & Safety Code, § 104555, sub- division (e).) Tobacco manufacturers that elect not to join the MSA are Non–Participating Manufacturers (“NPMs”). NPMs must deposit funds into qualified escrow ac - counts governed by state law based upon their sales of cigarettes and roll–your–own tobacco (“RYO”) in California.

Unless specific conditions are satisfied, NPMs are statutorily prohibited from accessing or us- ing the principal on deposit in the tobacco escrow ac - counts for 25 years. (Health & Safety Code, § 104557, subdivision (b).) NPMs and their escrow banks must complete a Department approved escrow agreement and ensure that the funds are held and monitored in compliance with California law. (Rev. & Tax. Code, § 30165.1, subdivision (c)(2)(a).) The Department is responsible for establishing and updating Califor - nia’s tobacco escrow agreement. (Rev. & Tax.

Code, § 30165.1, subdivisions (b)(3)(D), (c)(2)(A), and (o).) In 2019, the Department amended California Code of Regulations,

Chapter 16,

section 999.12 and the Approved Tobacco Escrow Agreement, JUS–TOB6 (Rev. 5/2019), which is incorporated by reference into

section 999.12. The Department sought to clarify that the aggregate Face Value (as defined by

section 2.G of the Approved Tobacco Escrow Agreement) of the Permitted Investments (as defined by

section 2.0) and the aggregate Cost Basis (as defined by

section 2.

D) of the Permitted Investments in an NPM’s California Subaccount must be equal to or greater than the Min - imum Qualified Escrow Principal On–Deposit (as de -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 923 fined by

section 2.K). Generally, this means that the aggregate Cost Basis (also known as the purchase val- ue) and Face Value (also known as maturity value) of the Permitted Investments shall not be lower than the Minimum Qualified Escrow Principal On–Deposit.

Section 4.C of the Approved Tobacco Escrow Agree - ment states the applicable requirement. (Approved To- bacco Escrow Agreement,

section 4.C.) Consistent with the 2019 standard above, the first sentence of the

Section 4.D should state: Whenever the aggregate Face Value of the QEF Sub–Account or the aggregate Cost Basis of the QEF Sub–Account is less than the Minimum QEF Principal On–Deposit for a QEF Sub–Account, the Escrow Agent shall deem the QEF Sub– Account non–compliant. The Department confirms the 2019 guidance to NPMs and escrow agents by revising the first sentence of

section 4.D with the text above. Based upon the change above, California Code of Regulations,

Chapter 16, sections 999.10(b)(17) and 999.12(

a) will be updated to reflect that the revision date of the Approved Tobacco Escrow Agreement, JUS–TOB6 has changed from 2019 to 2023. On June 19, 2023, the Office of Administrative Law approved the emergency revision to the Approved To- bacco Escrow Agreement and the revisions to the reg- ulations updating the revision date. The Department seeks to make those changes permanent. Effect of the Proposed Rulemaking: The rulemaking will implement the Legislature’s requirement that administration of the Fire Safety Act program move from the State Fire Marshal to the Department.

Section 999.30 will be the Department’s Fire Safety Act regulation. The amended JUS–TOB15 form will be the Department’s primary Fire Safety Act form and the JUS–TOB8 form will be amended to gather supplemental product data required by the Fire Safety Act in an electronic format, which will reduce processing time and promote efficiency.

Section 4.D of the Approved Tobacco Escrow Agreement will be amended to make a technical change. Sections 999.10 and 999.12 will be updated to reflect the revision date of the Approved Tobacco Es - crow Agreement. Anticipated Benefits of the Proposed Regulations: The Fire Safety Act limits the ignition propensity of cigarettes to avoid serious harm to the public’s health and safety and general welfare caused by fires. To pro- mote efficiency for California, the State transitioned administration of the Fire Safety Act program from the State Fire Marshal to the Department.

Until 2023, manufacturers sent their Fire Safety Act forms to both the State Fire Marshal and the Department. Now only one state agency will receive and process Fire Safety Act certifications. The Department will also use electronic processing to further promote effi - ciency and reduce costs.

While tobacco manufacturers will incur some limited costs associated with review - ing the Department’s forms and the costs associated with completing the JUS–TOB8 form in an electronic format with data from their most recent FSC tests, the Department anticipates that tobacco manufacturers will ultimately reduce costs by submitting Fire Safety Act and tobacco directory compliance forms to only one California agency.

The Health and Safety Code requires NPMs to de - posit tobacco escrow on their Units Sold of cigarettes in California as a source of recovery for potential litigation regarding the health impacts or marketing of the cigarettes. (Health & Safety Code, § 104557.) California law requires the tobacco escrow be gov - erned by an escrow agreement approved by the De - partment. (Rev. & Tax. Code, § 30165.1, subdivision (b)(3)(B)(2) and (c)(2)(A).) This rulemaking process clarifies the fund balance rules for tobacco escrow by making a technical change to the Approved Tobacco Escrow Agreement.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that the proposed regulations are not inconsistent or incompatible with existing state regulations.

After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the ignition propensity of cigarettes or the accounting rules that NPMs and escrow banks shall follow regarding the tobacco es - crow funds on deposit for the benefit of California. Forms Incorporated by Reference: Form number JUS–TOB6 titled APPROVED TO - BACCO ESCROW AGREEMENT was revised in February 2023 and is referenced in sections 999.10, 999.12, and 999.16.

Form number JUS–TOB8 titled BRAND LIST was revised in February 2023 and is referenced in sec - tions 999.10, 999.16, and 999.30, and in JUS–TOB15, the FIRE STANDARD COMPLIANT (“FSC”) CERTIFICATION. Form number JUS–TOB15 was created in Febru - ary 2023, is titled FIRE STANDARD COMPLIANT (“FSC”) CERTIFICATION, and is referenced in sec - tion 999.30. Other Statutory Requirements: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 924 DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on representative person or business: The Department anticipates the revised escrow agreement will require approximately 60 NPMs and 10 banks to each spend approximately $1,000 review- ing the new regulation and completing the revised Ap- proved Tobacco Escrow Agreement. The Fire Safety Act requires approximately 30 ciga- rette manufacturers to test, mark, and certify that their cigarettes extinguish when they are not being actively smoked. In 2022, Assembly Bill 1742 modified the Fire Safety Act to move the FSC program to the Depart - ment.

The Department anticipates that approximately 30 cigarette manufacturers will spend approximate - ly $1,000 reviewing the new regulation, the revised JUS–TOB8 form, and the new JUS–TOB15 form, and entering data they already possess from their most re - cent FSC tests into the JUS–TOB8 form’s electronic format. The substance of the reporting requirement is unchanged. Thereafter, the Department anticipates the manufacturers’ Fire Safety Act certification costs will be neutral or lower than current levels based upon the efficiency and reduced processing time associated with electronic reporting.

The seven NPMs listed on the Department’s tobacco directory will complete the revised Approved Tobacco Escrow Agreement and continue to certify under the Fire Safety Act. The remaining cigarette manufactur - ers and banks will only be impacted by a portion of this rulemaking. Significant effect on housing costs: None.

Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that the proposed action will not have a signifi - cant, statewide adverse economic impact that directly affects businesses, including the ability of California businesses to compete with businesses in other states.

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

(1) The proposal would benefit the health and wel - fare of California residents by improving the ad - ministration of the Fire Safety Act, which lim - its the ignition propensity of cigarettes to avoid the harms caused by fires. Moreover, this propos- al clarifies the fund balance rules for tobacco es - crow with a technical change to the Approved To- bacco Escrow Agreement. Under the Health and Safety Code, NPMs must deposit tobacco escrow on their Units Sold of cigarettes in California as a source of recovery for potential litigation regard- ing the health impacts or marketing of the ciga - rettes. (Health & Safety Code, § 104557.)

(2) The proposal would benefit worker safety because the Fire Safety Act limits the ignition propensity of cigarettes thereby avoiding unsafe workplace situations caused by fires. To promote efficiency for California, the State transitioned administra - tion of the Fire Safety Act program to the De - partment. Until 2023, manufacturers sent their Fire Safety Act submissions to both the State Fire Marshal and the Department.

(3) The proposal would benefit the state’s environ - ment because the Fire Safety Act limits the ig - nition propensity of cigarettes thereby avoiding fires caused by cigarettes, and their environmen - tal impacts. Business report requirement: Approximately 30 cigarette manufacturers contin - ue to be obligated to test, mark, and certify cigarettes under the Fire Safety Act based upon the fire risk posed by their products. The Department’s rulemak - ing requires manufacturers to submit FSC certifica - tions to the Department, not the State Fire Marshal.

This change is based upon Assembly Bill 1742, which amended the Fire Safety Act to transition the adminis- tration of the State’s FSC cigarette program to the De- partment, effective January 1, 2023. (Health & Safety Code, §§ 14951(d), 14953.) The new JUS–TOB15 form will be the Department’s primary Fire Safety Act form and the revised JUS–TOB8 form will be amended to gather supplemental product data required by the Fire Safety Act in an electronic format to reduce process - ing time and promote efficiency.

Section 4.D of the Approved Tobacco Escrow Agreement will be amended to make a technical change. Except for executing the agreement, the Ap - proved Tobacco Escrow Agreement does not impose any new reporting requirements. Small business determination: The Department has determined that the proposed action affects small businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 925 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine 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 affected private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

The Department has determined that the proposed regulations and forms are the most effective way to administer the Fire Safety Act and tobacco escrow de- posits. Until 2023, manufacturers submitted their Fire Safety Act forms to both the State Fire Marshal and the Department. Now only one State agency will re - ceive and process Fire Safety Act certification forms. The Department will also use electronic processing to further promote efficiency and reduce costs. More - over, the Department clarifies the fund balance rules for tobacco escrow with a technical change to the Ap- proved Tobacco Escrow Agreement.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Justice Barry Alves Tobacco Unit 1300 I Street Sacramento, Suite 125 Sacramento, CA 95814 (916) 210–7838 regulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Department of Justice James Hart Tobacco Unit 1300 I Street Sacramento, Suite 125 Sacramento, CA 95814 (916) 210–7806 regulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process upon request to the contact person above.

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

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/tobacco/directory/regulations. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 926 is based are available on the Department’s website at https://oag.ca.gov/tobacco/directory/regulations. 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

Section 3000 and adopt new

Section 3040.4 into Title 15, Division 3,

Chapter 1, regarding the Youth Offend- er Program. PUBLIC HEARING Date and Time: September 6, 2023 — 10:00 a.mm to 11:00 a.m. Place: Department of Corrections and Rehabilitation Sequoia 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 July 21, 2023 and closes on September 6, 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. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch\ P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Bryan Donahoo Division of Adult Institutions Telephone: (916) 322–6562 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 Youth 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. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Penal Code

section 2905, which took effect July 1, 2015, states in part: “The department shall, at re - ception, automatically grant a youth offender a low - er security level than the level that corresponds with that individual’s classification score or placement in a facility that permits increased access to programs, except for a youth offender who has committed a se - rious in–custody offense, who shall be reviewed by a classification committee.” This rulemaking action will codify provisions to implement, interpret, and make specific the require - ments of this statute. This action will: ● Establish the Youth Offender Program (YOP), pursuant to PC

section 2905, and define program terminology. The regulations will define a youth

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 927 offender, for purposes of the YOP, as individu - al committed to the department who is under 26 years of age. While PC

section 2905 states that a youth offender is under 22 years of age, the de - partment has chosen to extend the opportunity for participation in the Youth Offender Program (YOP) to offenders between the ages of 22–25 during critical developmental stages in their lives. ● Establish eligibility criteria for placement in the YOP, consistent with PC

section 2905. ● Establish the Youth Offender Rehabilitative Com- munity, a 12–month curriculum at designated in - stitutions with increased rehabilitative programs for the YOP community. ● Establish a process for the removal of offenders from the YOP based upon behavior, age, or the participant’s wish to leave the program after the mandatory 12 months of participation.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regula - tions will improve the rehabilitation of younger in - mates who are in critical developmental stages of their lives by providing increased access to educational and other rehabilitative programming. 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 implementation of PC

section 2905 re - garding youth offenders. 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: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

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

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a 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 regulations will have no effect on the creation of new, or the elimination of existing, jobs or businesses with- in California, or effect the expansion of businesses currently doing business in California. The depart - ment has determined that the proposed regulation will have no effect on the state’s environment or worker safety.

The proposed regulations may benefit the wel- fare of California residents by providing an environ -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 928 ment conducive to rehabilitation for young offenders, thus reducing recidivism.

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. AVAILABILITY 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. AVAILABILITY 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.

AVAILABILITY 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 16. BUREAU OF SECURITY AND INVESTIGATIVE SERVICES POWER TO ARREST AND APPROPRIATE USE OF FORCE TRAINING NOTICE IS HEREBY GIVEN that the Bureau of Security and Investigative Services (Bureau) proposes to take the action described in the Informative Digest below, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this Notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or e–mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than 5:00 p.m., Wednesday, September 6, 2023, or must be received by the Bureau at the hear - ing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 7515, 7574.05, 7581, 7585, 7585.6, and 7591.6 of the Busi - ness and Professions Code (BPC or Code), and to implement, interpret or make specific Sections 7542, 7574.18, 7583.6, 7583.7, 7583.22, 7583.23, 7583.37, 7583.5, 7585, 7596, 7596.3, 7598.1, 7598.2, and 7599.40 of the Code, the Bureau proposes changes to sections 628, 631, 633, 635, 643, 645, and 646 of Title 16, Di - vision 7 of the California Code of Regulations (CCR).

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law requires security guard applicants, proprietary private security officers (PSOs), and alarm agents to complete a Power to Arrest (PTA) training course, and eligible private security industry, inves -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 929 tigators, and alarm agent licensees applying for a firearms permit to complete the PTA training course and firearms training. (BPC Sections 7542, 7574.18(b) (2), 7583.5, 7583.6, 7583.7, 7585, 7585.6, 7598.1(a), and 7596(a)). BPC

section 7583.7(

a) requires the PTA course for private security services licensees to be approximate - ly eight hours in length and CCR

section 643 Appen - dix B specifies that four of the eight hours shall be dedicated to “Weapons of Mass Destruction (WMD) & Terrorism Awareness.” BPC

Section 7585(

f) delin- eates topics to be covered in the course of training in the carrying and usage of firearms, including qualifi - cation course of fire. BPC

section 7574.18(

d) requires the Department of Consumer Affairs to establish skills training for PSOs. CCR

section 645(

c) establishes that the PTA course for PSOs shall consist of a minimum of four hours of training, further specifying that two (2) of the hours shall be dedicated to PTA training and the remaining two (2) hours shall be dedicated to WMD and Terrorism Awareness Training for Security Pro - fessionals. Further, BPC

section 7574.18(f)(1) requires Proprietary Private Security Employers to annually provide each PSO employee with a specifically ded - icated review or practice of security officer skills and requires the Bureau to adopt and approve by regula - tion the minimum number of hours for annual review. CCR

section 645(

e) specifies that PSOs shall receive a minimum of two (2) hours of continuing education annually. BPC

section 7598.2(

a) establishes a list of topics to be covered in the PTA training course for alarm agents. This regulatory proposal will implement Assembly Bill (AB) 229 (Chapter 697, Statutes of 2021) and AB 2515 (Chapter 287, Statutes of 2022). AB 229 expands the PTA and firearms trainings to include topics on the appropriate use of force. AB 229 requires the Bureau to work in consultation with the Commission on Peace Officer Standards and Training (POST) to develop the outline for the course and curriculum for the appropri- ate use of force topics.

Further, AB 229 specifies that WMD and Terrorism Awareness shall be an elective topic only. (BPC 7583.7(a)(11) and 7598.2(a)(7).) AB 2515 delays the operation of AB 229’s provisions until July 1, 2023. This regulatory proposal will amend CCR sections 628, 631, 633, 635 and 643. Further, this proposal will adopt CCR

section 646 and repeal CCR

section 645. These regulatory changes align with the Bureau’s mission to protect and serve the public and consumers through effective regulatory oversight of professions within the Bureau’s jurisdiction. The Bureau proposes the following changes: Amend CCR

section 628 Training in Exercising the Power to Arrest This proposal will amend CCR

section 628 by re - moving redundant and duplicative language and up - dating the title of the Power to Arrest and Appropriate Use of Force Training Manual dated July 2023. Amend CCR

section 631

Definitions This proposal will amend CCR 631 by adding

definitions for “Cultural Competency,” “Diverse” or “Diversity,” “Disability,” “Behavioral Health Issues” and “Mental Illness.” These additions are needed to provide

definitions and context for the new training topics. Amend CCR

section 633 Biennial Renewal of Firearms Permit This proposal will amend CCR 633 to revise the firearm permit renewal requirements by differen - tiating course of fire requirements for revolvers and semi–automatic firearms. Additionally, this proposal will further specify appropriate shooting stances for the purposes of qualifying and specify the allowable firearm calibers for permitholders. Amend CCR

section 635 Course of Firearm Training This proposal will amend CCR

section 635 to add Use of Force topics to the firearms training outline as mandated by BPC

section 7585.6. Also, this proposal will specify appropriate shooting stances for the pur - poses of qualifying and specify the allowable firearm calibers for applicants. Additionally, due to the in - creased cost and shortage of ammunition, this propos- al will remove the requirement for applicants to fire fifty (50) practice rounds before qualifying and change the requirement to be at the discretion of the instructor and applicant, contingent upon the applicant’s current skills and ability. Further, this proposal will differen - tiate the course of fire requirements for revolvers and semi–automatic firearms. Amend CCR

section 643 Skills Training Course for Security Guards and Proprietary Security Officers This proposal will amend CCR

section 643 to add Use of Force topics to the PTA training, and remove Weapons of Mass Destruction & Terrorism Awareness as a mandated

section of training. Additionally, this proposal mandates that PSOs also complete the full Power to Arrest and Appropriate Use of Force train - ing, to ensure that all security personnel who inter - act with the public are appropriately trained. Finally, this proposal will make continuing education require - ments consistent across both license types. Adopt CCR

section 646 Training for Alarm Agents This proposal will adopt CCR

section 646 to outline training requirements specific to alarm agents as man- dated in BPC

section 7598.2.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 930 Repeal CCR

section 645 Skills Training Course for Proprietary Private Security Officers This proposal will repeal CCR

section 645 as the training requirements previously specific only to PSOs will now be mandated based on the amends in CCR

section 643 which mandates that PSOs complete the same training as other security personnel. ANTICIPATED BENEFITS OF THE PROPOSAL The Bureau has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents, worker safety, and state’s environment: BPC

section 7583.6(

a) requires security personnel to complete PTA training prior to being assigned to security guard duties, or “standing post.” BPC sec - tion 7583.7 mandates PTA training include appropri - ate use of force topics so security personnel are better equipped when handling situations with members of the public that may require a level of force be admin - istered. Additionally, BPC

section 7585 requires ap - propriate use of force topics be included in firearms training for security personnel who carry firearms while on duty. Expanding the PTA training to include appropriate use of force topics will increase public safety and con- sumer protection by providing security personnel with the knowledge and skills necessary to act appropriate- ly within the scope of their duties.

The expansion of training topics better reflects the climate of the evolv - ing industry and, through improved training, these professionals will be better equipped to make good de- cisions, intervene effectively, prevent conflict, achieve resolutions, and convey confidence. Extending PTA training from four (4) hours to eight (8) hours for PSOs is consistent with this goal because PSOs also interact with the public daily and face many of the same situations as other security personnel.

Be- cause of this interaction, it is imperative that PSOs re- ceive adequate training that would benefit both PSOs and members of the public by way of improved inter - actions and outcomes. Adding a regulations

section specific to alarm agents will benefit instructors and alarm agents by providing clarity and consistency related to alarm agent training. Further, the proposed regulation will provide guid - ance on the training specific to topic inclusion, length, format, etc., mirroring preceding

section 643 of the CCR. Amending the firearms course of fire to include a firing

schedule designed for semi–automatic firearms will benefit students utilizing different weapons and provide proper training for the weapon they will be employing while on duty. Semi–automatic firearms are more widely used by the licensing population and this proposal ensures that permitholders are trained on a

schedule most appropriate for the type of firearm they will be carrying in the course of their duties. Making practice rounds optional and at the discre - tion of the student and firearms training instructor will reduce costs for applicants who already have ex - perience with firearms and do not require additional practice in order to qualify. Additionally, adding a list of permissible calibers ensures permitholders are carrying appropriate firearms while carrying out their duties.

Requiring the firearms instructor to issue the student a Certificate of Proficiency will enable the student to demonstrate their proficiency for potential employers and will enable employers to be compliant with BPC

section 7583.2(e). Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Bureau has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations do not result in a fiscal impact to the state.

The regulations are intended to align the Bu- reau’s regulations with current law and existing prac - tice. As a result, no additional costs are anticipated. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agen - cies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

BUSINESS IMPACT ESTIMATES The Bureau has made an initial determination that the proposed regulatory action would have no signif - icant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states. This initial determination is based on a review of ex - isting professional standards and practice. As such, the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 931 Bureau’s regulations merely align with current law, as amended and current industry practice and standards. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impact that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. This proposal better aligns the Bureau’s regulations with current law and existing professional practice. As a result, no additional costs impacts are anticipated for individuals.

Additionally, the coursework modules outlined in this proposal are currently readily available consistent with POST standards. As a result, businesses opting to provide these courses are anticipated to be able to incorporate them into existing programming without incurring significant start–up costs. Effect on Housing Costs: None. Impact on Jobs/Businesses: The Bureau has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California.

The regulations better align the Bureau’s regulations with current law and existing professional standards and practice. As a result, any impacts are a result of current law. Benefits of Regulation The Bureau has determined that this regulatory pro- posal will benefit the health and welfare of Califor - nia residents because it adds appropriate use of force topics to the required trainings which will increase the level of training for private security professionals. These increased training standards will better reflect the climate of the evolving security industry.

Through improved training, these security professionals will be better equipped to make good decisions, intervene effectively, prevent conflict, achieve resolutions, and convey confidence. Business Reporting Requirements The regulatory action requires supervisors and se - curity employers to file a report with the Bureau when an incident involving physical force occurs with a cit- izen or a firearm is discharged.

The Bureau has deter - mined that it is necessary for the health, safety, or wel- fare of the people of the State that the regulation apply so that supervisors and security employers keep the Bureau informed of the number of violent incidents and whether training on appropriate use of force will potentially decrease the number of violent incidents. Effect on Small Business The Bureau has determined that the proposed reg - ulations will not affect small businesses. The Bureau does not maintain data relating to the number or per - centage of licensees who own a small business.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Bureau must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Bureau in writing relevant to the above determina - tions at 2420 Del Paso Road, Suite 270, Sacramento, CA 95834 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This ma- terial is contained in the rulemaking file and is avail - able for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Bureau, at 2420 Del Paso Road, Suite 270, Sacramento, CA 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify such proposals if such modifications are sufficient - ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 932 AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Kerry Ortman Address: 2420 Del Paso Road Suite 270 Sacramento, CA 95834 Telephone Number: (916) 619–3319 Fax Number: (916) 575–7287 E–Mail Address: BSISRegs@dca.ca.gov The backup contact person is: Name: Samuel Stodolski Address: 2420 Del Paso Road Suite 270 Sacramento, CA 95834 Telephone Number: (916) 619–3319 Fax Number: (916) 575–7287 E–Mail Address: BSISRegs@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Bureau’s website at https://www.bsis.ca.gov/about_us/laws/prop_regs. shtml.

TITLE 22. DEPARTMENT OF HEALTH CARE ACCESS AND INFORMATION DIVISION 7,

CHAPTER 10

ARTICLE 3.5 SECTIONS 97046–97046.6 The Department of Health Care Access and In - formation (HCAI) proposes adding new

Article 3.5 Skilled Nursing Facility Consolidated Reporting Re - quirements (Sections 97046–97046.6) to

Chapter 10 of Division 7 of Title 22 of the California Code of Regulations (CCR).

Article 3.5 will implement Sec - tion 128734.1 of the Health and Safety Code (HSC), added by Senate Bill (SB) 650 (Chapter 493, Statutes of 2021). HCAI proposes to adopt the proposed regula- tions described below after considering all comments, objections, and recommendations regarding the pro - posed action. SB 650 made changes to California law to address skilled nursing facility (SNF) financial and ownership transparency. The legislation adds

Section 128734.1 to

Chapter 1 of

Part 5 of Division 7 of the HSC and estab- lishes a new mandated reporting program for HCAI. The program expands financial disclosure report - ing for SNFs by requiring an organization that oper - ates, conducts, owns, manages, or maintains a SNF or SNFs to prepare and file with the Department, an annual consolidated financial report and documenta - tion of the corporate structure. HCAI is charged with collecting, reviewing, and publishing the annual con - solidated financial reports, including required attach - ments and documentation. I.

PUBLIC HEARING HCAI has not scheduled a public hearing on this proposed action. However, HCAI will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period. Public hearing to be pursuant to

Section 11346.8. II. WRITTEN PUBLIC COMMENT PERIOD AND CONTACT PERSON Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action. All comments must be received by HCAI by September 5, 2023, assuming July 21, 2023, date of public notice. Inquiries and written comments regarding the proposed action should be addressed to the primary contact person named below. Comments delivered by email are suggested. Comments may also be hand–de- livered or mailed.

Adrienne Wahleithner, Auditor Office of Information Services Department of Health Care Access and Information| Tel: (916) 326–3848 Email: adrienne.wahleithner@hcai.ca.gov Mailing address: 2020 West El Camino Avenue, Suite 1100 Sacramento, CA 95833–1880

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 933 Inquiries and comments may also be directed to the backup contact person at the same mailing address: Lexie Bloyd, Audit Supervisor Office of Information Services Tel: (916) 326–3833 Email: lexie.bloyd@hcai.ca.gov Comments should include the author’s name, U.S. Postal Service address, and email address, if appli - cable, for HCAI to provide copies of any notices for proposed changes to the regulation text on which ad - ditional comments may be solicited. III. AUTHORITY AND REFERENCE Health and Safety Code,

Section 128810 authoriz - es HCAI to adopt these proposed regulations. These proposed regulations implement, interpret, and make specific

Section 128734.1 of the HSC. IV. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A.

Summary of Existing Law The proposed rulemaking is intended to implement a new statutorily mandated reporting program pursu - ant to HSC

Section 128734.1, added by SB 650. B. Policy Statement Overview/Specific Benefits of the Proposed Regulations SB 650 made changes to California law to address SNF financial and ownership transparency. The Legislation added

Section 128734.1 to

Chapter 1 of

Part 5 of Division 7 of the Health and Safety Code, establishing a new mandated program for HCAI. The program expands financial disclosure report - ing for SNFs by requiring an organization that oper - ates, conducts, owns, manages, or maintains a SNF or SNFs to prepare and file with the Department an annual consolidated financial report and documenta - tion of the corporate structure. HCAI is charged with collecting, reviewing, and publishing the annual con - solidated financial reports, including required attach - ments and documentation.

The proposed rulemaking will provide guidance and clarity for SNFs that are required to comply with the mandated new reporting program. The benefit will be to achieve the goal of SB 650 which is to increase the transparency of SNFs’ financial data and owner - ship structure in relation to related parties. C. Determination of Inconsistency/Incompatibility with Existing Law As required by Government Code

Section 11346.5(a)(3)(D), HCAI evaluated the language con - tained in the proposed regulations and determined that these proposed regulations are not inconsistent with or incompatible with existing state regulations. HCAI also determined there are no comparable federal reg - ulations or statutes. D. Documents Incorporated by Reference The proposed rulemaking refers to the Account- ing and Reporting Manual for California Long–term Care Facilities, Second Edition, which is incorporated by reference in

Section 97019 of the CCR. V. DISCLOSURES REGARDING THE PROPOSED ACTION HCAI has made the following initial determinations: A. Mandate on local agencies and school districts: None. B. Cost or savings to any state agency: HCAI has identified costs of $750,000 for fiscal year 2022– 23 and $250,000 for fiscal year 2023–24. These costs were included in an approved Fiscal Year 2022–23 BCP for SB 650 to implement the re - quirements of HSC

Section 128734.1. C. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. D. Other nondiscretionary costs or savings imposed on local agencies: None. E. Cost or savings in federal funding to the state: None. F. Cost impact on a representative person or busi - ness: SNFs may incur up to $80 per year to gather and upload the statutorily required information of HSC

Section 128734.1. G. Statewide adverse economic impact directly af - fecting business and individuals: HCAI has made an initial determination that the regulations will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. H. Significant effect on housing costs: None. I. Cost impact on small business: HCAI determined that 1 health facility matches the small business definition stated in Government Code

Section 11342.610. This health facility could potential - ly be affected by HCAI’s proposed regulations if they have interests in businesses that provide ser- vices to the facility. J. Business Reporting Requirement: HCAI deter - mined it is necessary for the welfare of the people of the state that this regulation, which requires a report, apply to business.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 934 VI.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ANALYSIS (EIA) HCAI prepared an Economic Impact Analysis in the Initial Statement of Reasons and concludes that: A. this regulatory action will not create jobs within the state; B. this regulatory action will not eliminate jobs within the state; C. this regulatory action will not create new businesses; D. this regulatory action will not eliminate existing businesses; E. this regulatory action will not affect the expan - sion of businesses currently doing business in the state; and F. the benefits of the regulations to the health and welfare of California residents, worker safety, and the state’s environment are to achieve SNF fi- nancial and ownership transparency, pursuant to HSC

Section 128734.1, by implementing the new- ly mandated reporting program. VII. REASONABLE ALTERNATIVES HCAI must determine that no reasonable alternative considered or that has otherwise been identified and brought to the attention of HCAI would be more effec- tive in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law. VIII.

AVAILABILITY OF EXPRESS TERMS, INITIAL STATEMENT OF REASONS, AND INFORMATION UPON WHICH PROPOSED RULEMAKING IS BASED HCAI will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the address given for the contact persons.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the text of the proposed changes to the regu - lations, the initial statement of reasons, an economic impact analysis contained in the initial statement of reasons, and information upon which the proposed rulemaking is based. IX. AVAILABILITY OF SUBSTANTIAL CHANGES TO ORIGINAL PROPOSAL After considering all timely and relevant comments received, HCAI may adopt the proposed regulations substantially as described in this notice.

If HCAI makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before HCAI adopts the regulations as revised. Please send requests for copies of the modified text to the listed contact person. The modified text will also be available on the HCAI website at https://hcai. ca.gov/about/laws–regulations/. HCAI will accept written comments on the modified regulations for 15 days after the date on which they are made available. X.

AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons, including all comments and responses, will be available, after its completion, through the HCAI website at https://hcai. ca.gov/about/laws–regulations/. The Final Statement of Reasons will also be available for review from the designated contact person. XI. AVAILABILITY OF DOCUMENTS ON THE INTERNET The Notice of Proposed Action, Initial Statement of Reasons, and the text of the proposed regulations can be accessed through the HCAI website at https://hcai. ca.gov/about/laws–regulations/. TITLE 22.

STATE WATER RESOURCES CONTROL BOARD DIVISION 4. ENVIRONMENTAL HEALTH

CHAPTER 17. SURFACE WATER TREATMENT SUBJECT: DIRECT POTABLE REUSE REGULATIONS (SBDDW–23–001) NOTICE IS HEREBY GIVEN that the State Wa- ter Resources Control Board (State Board) proposes to amend or adopt the regulations described below after considering all comments, objections, and recommen- dations regarding the proposed regulatory action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 935

SUMMARY OF PROPOSED REGULATORY ACTION The State Board proposes to amend California Code of Regulations (CCR), Title 22, Division 4,

Chapter 17, for the purpose of establishing regulations governing the planned use of municipal wastewater to produce water that is placed into the water distribution system of a public water system or into a water supply im - mediately upstream of a public water system’s water treatment plant, a process known as direct potable reuse (DPR). The adoption of “Direct Potable Reuse” regulations will: ■ Adopt

Article 10,

Chapter 17, Division 4, to estab- lish regulations that apply to public water systems (PWS) that may choose to engage in DPR. PUBLIC HEARING (Gov. Code, § 11346.5(a)(1)) The State Board will conduct an Administrative Procedure Act (APA) public hearing regarding the subject proposed regulations at the time and place noted below. At the hearing, any person may present comments orally or in writing relevant to the proposed action described in this notice. DATE: September 7, 2023 TIME: 9:30 a.m.

PLACE: California Environmental Protection Agency State Water Resources Control Board Coastal Hearing Room 1001 I Street, Second Floor Sacramento, CA 95814 The public hearing will begin with a staff presenta - tion summarizing the proposed regulations, followed by an opportunity for public comment. During the comment period, the public will be allowed three min- utes to provide oral comments, unless additional time is approved. If you wish to view or listen to the workshop only, a webcast will be available at: https://video.calepa. ca.gov/.

If you wish to make oral comments during the public hearing, additional information about partici - pating telephonically or via the remote meeting solu - tion will be available at least 10 days before the meet- ing at: https://www.waterboards.ca.gov/board_info/ remote_meeting/. While a quorum of the State Board may be present, this hearing is for the public to provide comments in accordance with the APA. The State Board will not take formal action. Final regulations are expected to be adopted by the State Board later this year, after consideration of all written and oral comments.

Additional information regarding State Board meet- ings, hearings, and workshops is available on the State Board’s Internet web page at: https://www.waterboards. ca.gov/board_info/calendar/. Special Accommodation Request: Consistent with California Government Code

Section 7296.2, special accommodation or language needs may be provided for any of the following: ■ An interpreter to be available at the hearing; ■ Documents made available in an alternate format or another language; ■ A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact the Clerk to the Board at (916) 341–5600 as soon as possible, but no later than 10 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Si Necesita Arreglos Especiales: C onsecuente con la sección 7296.2 del Código de Gobierno de Califor - nia, una acomodación especial o necesidades lingüís - ticas pueden ser suministradas para cualquiera de los siguientes: ■ Un intérprete que esté disponible en la audiencia; ■ Documentos disponibles en un formato alterno u otro idioma; ■ Una acomodación razonable relacionada con una incapacidad.

Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al (916) 341–5600 lo más pronto posible, pero no menos de 10 días de trabajo antes del día pro- gramado para la audiencia del Consejo. TTY/TDD/ Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS (Gov. Code, § 11346.5(a)(15)) Any interested person, or their representative, may submit written comments relevant to the proposed reg- ulatory action to the Clerk to the Board.

Any written comments pertaining to these regulations, regardless of the method of transmittal, must be received by the Clerk to the Board by 12:00 noon on Friday, Septem- ber 8, 2023, which is hereby designated as the close of the written comment period. Comments received after this date will not be considered timely. Written comments may be submitted as follows: Electronic mail (email): commentletters@waterboards.ca.gov FAX: (916) 341–5620

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 936 Postal Mail: Ms. Courtney Tyler, Clerk to the Board State Water Resources Control Board P.O. Box 997377, MS 7400 Sacramento, CA 95899–7377 Hand Delivery: Ms. Courtney Tyler, Clerk to the Board State Water Resources Control Board 1001 I Street, 24th Floor, Sacramento, CA 95814 Persons delivering comments must check in with lobby security and have them contact Ms. Courtney Tyler at (916) 341–5600.

The State Board requests but does not require that all email, fax, or mail transmission of comments, partic - ularly those with attachments, contain the regulation package identifier “Comments — SBDDW–23–001: Proposed DPR Regulations ” in the subject line to facilitate timely identification and review of the comment. The State Board requests but does not require that written comments sent by mail or hand–delivered be submitted in triplicate. All comments, including email or fax transmissions, should include the author’s name, email address, and U.S.

Postal Service mailing address in order for the State Board to provide any notices that may be re - quired in future. Please note that under the California Public Re - cords Act (Government Code (Gov. Code), § 6250 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Due to the limitations of the email system, emails larger than 15 megabytes (MB) may be rejected and will not be delivered and received by the State Board.

Therefore, emails larger than 15 MB should be sub - mitted under separate emails or another form of deliv- ery should be used. The State Board requests but does not require that if reports or articles in excess of 25 pages are submitted in conjunction with the comments, that the commenta- tor provide a

summary of the report or

article and de - scribe the reason for which the report or

article is be - ing submitted or is relevant to the proposed regulation. AUTHORITY AND REFERENCE (Gov. Code, § 11345.5(a)(2); CCR Title 1, Division 1,

Chapter 1, § 14) Pursuant to Water Code sections 13521 and 13561.2, and Health and Safety Code sections 116271, 116350 and 116375, the State Board is authorized to adopt the subject regulations.

This action is proposed to im - plement, interpret, and make specific one or more of the following: Sections 13520, 13522, 13522.5, 13524, 13560, 13561, 13561.2, 13563, 13566 and 13567, Water Code; and Sections 106875, 106876, 106885, 116270, 116275, 116350, 116360, 116375, 116385, 116390, 116400, 116450, 116451, 116455, 116470, 116525, 116527, 116530, 116535, 116540, 116545, 116550, 116551, 116555, 116655, 116725, 116730, 116735 and 116750, Health and Safety Code. INFORMATIVE DIGEST (Gov. Code, § 11346.5(a)(3)) Existing Laws and Regulations (Gov.

Code, § 11346.5(a)(3)(A)): All public water systems in Cal - ifornia are subject to regulations adopted by the U.S. EPA under the U.S. Safe Drinking Water Act (SDWA) of 1974, as amended (42 U.S.C. §§ 300f et seq.), as well as by the State Board under the California Safe Drink- ing Water Act (California SDWA) (Health & Safety Code, division 104,

part 12,

chapter 4, §§ 116270 et seq.). It is the objective of the California SDWA for public water systems to deliver drinking water to consumers that is, at all times, pure, wholesome, and potable. The ability to meet this objective is a reflec - tion of the water quality and quantity of a public water system’s source of supply, the public water system’s ability to treat the source of supply (if necessary), and its ability to deliver drinking water, all in a manner that ensures compliance with all applicable drinking water standards. In September 2010, Senate Bill 918 (SB 918) was signed by the Governor and filed with the Secretary of State, establishing

Chapter 7.3 (“Direct and Indirect Potable Reuse”), under Division 7 of the Water Code. Among other things, SB 918 provided a definition of “direct potable reuse”: the planned introduction of re - cycled water directly into a public water system or into a raw water supply immediately upstream of a water treatment plant.

SB 918 also required that the Depart - ment of Public Health (transferred to the State Board in 2014): ■ Investigate and report to the Legislature on the feasibility of developing uniform water recy - cling criteria for direct potable reuse, consider - ing among other things the availability and re - liability of treatment technologies necessary to protect public health, multiple barriers and se - quential treatment processes, available informa - tion on health effects, mechanisms that should be employed to protect public health if problems are found in the recycled water served to the public as a potable water supply including failure of treat - ment, and monitoring needed to ensure protec - tion of public health (Water Code, § 13563).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 937 ■ Consider the recommendations from an expert panel appointed by the State Board comprised of a toxicologist, an engineer licensed in the state of California with at least three years’ experience in wastewater treatment, an engineer licensed in the state with at least three years’ experience in treat- ment of drinking water supplies and knowledge of drinking water standards, an epidemiologist, a microbiologist, and a chemist. (Water Code, § 13565). ■ Consider the recommendations from an adviso - ry group appointed by the State Board consist - ing of no fewer than nine representatives of wa - ter and wastewater agencies, local public health officers, environmental organizations, environ - mental justice organizations, public health non - governmental organizations, the department, the state board, the United States Environmental Pro- tection Agency, ratepayer or taxpayer advocate organizations, and the business community (Wa - ter Code, § 13565). ■ Consider water quality and health risk assess - ments associated with existing potable water sup- plies subject to discharges from municipal waste- water, stormwater, and agricultural runoff, re - search, regulations, and guidelines from the State Board, other states, the federal government, or other countries (Water Code, § 13566).

In October 2017, Assembly Bill 574 (AB 574) was signed by the Governor and filed with the Secretary of State, amending

Chapter 7.3 (renamed to “Potable Reuse”) under Division 7 of the Water Code. Specif - ic to the proposed DPR regulations and among other things, AB 574: ■ expanded on the definition of direct potable reuse to include and add

definitions for two forms of di- rect potable reuse — raw water augmentation and treated water augmentation, and ■ authorized and mandated the State Board to de - velop and adopt uniform water recycling criteria for direct potable reuse through raw water aug - mentation, as defined by AB 574, by December 31, 2023, if an expert panel, convened and ad - ministered by the State Board pursuant to the bill’s statutory requirements, found that the State Board’s criteria would adequately protect public health (Water Code, § 13561.2).

AB 574 additionally recommended that the State Board establish a framework for the regulation of potable reuse projects on or before June 1, 2018, that should among other things include the following: ■ consideration of recommendations provided in the State Board’s “Investigation on the Feasibility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse,” ■ a

schedule for completing the recommended re - search described in “Investigation on the Feasi - bility of Developing Uniform Water Recycling Criteria for Direct Potable Reuse,” and ■ a regulatory framework for potable reuse proj - ects that will be protective of public health (Wa - ter Code, § 13560.5).

Furthermore, AB 574 required the State Board to use information from the recommended research in its development of DPR criteria and provided an 18– month extension of the deadline to adopt the uniform water recycling criteria, along with other contingen - cies to extend the deadline further to consult with the expert panel on the need for additional research if the recommended research is insufficient. (Water Code, § 13561.2(a)). Comparable Federal Statute and Regulations (Gov.

Code, § 11346.5(a)(3)(B)): There are no federal regu - lations or statutes that address the specific subject ad - dressed by the proposed regulations. Policy Statement Overview (Gov. Code § 11346.5(a)(3)(C)): The State Board proposes to adopt regulations governing the planned use of municipal wastewater to produce water that is placed into a wa - ter distribution system of a public water system or into a water supply immediately upstream of public water system’s water treatment plant (known as raw water augmentation); a process known as direct potable re - use (DPR).

Existing law requires the State Board to adopt uniform water recycling criteria for the raw wa- ter augmentation form of DPR by December 31, 2023, subject to the condition that a statutorily–mandated expert panel has made a finding that such criteria would adequately protect public health.

Problem Statement: T h e o b j e c t i v e o f t h e C a l i f o r- nia Safe Drinking Water Act is to ensure that public water systems reliably deliver water for human con - sumption that is, at all times, pure, wholesome, and potable. (Health and Safety Code, § 116270) A number of challenges make it difficult to meet this objective.

These challenges include the limited availability of new sources of drinking water from surface waters, overuse of groundwater sources and subsequent re - duction in water available for use as drinking water, the projected effects of climate change, including the potential for more frequent severe droughts, along with continued population growth. To address these challenges while meeting the central mandate of the SDWA, the Governor’s California Action Plan out - lines a variety of actions the State will take to better manage water resources, including increased reuse of treated wastewater.

Objectives (Goals): The objective of this proposed regulatory action is to: Through adoption of regulations, establish uniform water recycling criteria (i.e., regulations) governing the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 938 planned use of municipal wastewater to produce water that is placed into a public water system or into a water supply immediately upstream of public water system’s water treatment plant, such that the adherence to the criteria for the production of drinking water would re- sult in adequate protection of public health.

Benefits: The anticipated benefits, including any nonmonetary benefit to the protection of public health and safety of California residents, worker safety, and the state’s environment, from this proposed regulatory action are: ■ Providing a safe drinking water or drinking wa - ter supply when DPR is used, by prescribing spe- cific, uniform requirements regarding the treat - ment and distribution of such drinking water. ■ Providing public water systems, and accordingly, Californians, with a relatively reliable, drought– proof, and sustainable option for drinking water or a drinking water supply for a water treatment plant, which is particularly important in light of climate change and expected related challenges to future water supplies. ■ Enhancing the treatment of wastewater and con - sequent decreases in the discharge of wastewater into the environment. ■ Decreasing emissions and potential energy sav - ings by allowing for water to be used locally, thus decreasing the need for water imports from dis - tant sources. ■ Providing a means for increasing the beneficial use of recycled water in California, which may reduce use of other sources of drinking water to the benefit of other users of such water sources, including benefits to the environment through po- tentially greater in–stream flows. ■ Although the absence of DPR regulations would not preclude the permitting of DPR projects un - der the SDWA, the adoption of uniform criteria in the form of the proposed DPR regulations is expected to streamline the permitting process for DPR projects.

Evaluation as to Whether the Proposed Regulations are Inconsistent or Incompatible with Existing State Regulations (Gov. Code, § 11346.5(a)(3)(D)): The State Board evaluated whether the proposed regulations are inconsistent or incompatible with existing California state regulations. This evaluation included a review of California’s existing drinking water regulations and regulations potentially related to DPR, including the State Board’s existing regulations related to indirect potable reuse (IPR).

It was determined that no other state regulation addressed the same subject matter and that this proposal was not inconsistent or incompati - ble with other state regulations. California’s existing drinking water regulations include requirements that address how surface water can be made safe for drink- ing. For those portions of the regulations that are com- parable, the proposed DPR regulations are substantial- ly consistent with the existing surface water treatment regulations.

California’s existing regulations for IPR include the planned use of recycled water for the pur - pose of replenishing groundwater basins or for aug - menting surface water reservoirs that are used as a source of domestic drinking water supply. For those portions of the regulations that are comparable, the proposed DPR regulations are substantially consistent with the existing regulations for IPR. Therefore, the State Board has determined that this proposal, if ad - opted, would not be inconsistent or incompatible with existing state regulations.

SUMMARY OF PROPOSAL The proposed DPR regulations would establish min- imum uniform water recycling criteria for the purpose of adequately protecting public health with respect to the planned use of municipal wastewater to produce water that is placed into a water distribution system of a public water system or into a water supply im - mediately upstream of a public water system’s water treatment plant.

The proposed regulations would not preclude the Regional Water Quality Control Boards (Regional Boards), via their authorities and responsi - bilities, from imposing additional requirements when issuing a waste discharge and/or water recycling per - mit to water recycling agencies that may choose to participate in DPR, including having to meet Nation - al Pollutant Discharge Elimination System (NPDES) requirements established by the U.S. Environmental Protection Agency (U.S. EPA).

In accordance with the aforementioned mandates and pursuant to Water Code sections 13521 and 13561.2, and Health and Safety Code sections 116271, 116350 and 116375, the State Board proposes the fol- lowing changes to Title 22: ■ Adopt

Article 10,

Chapter 17, Division 4, estab - lishing criteria applying to a PWS choosing to be involved in the planned use of municipal waste - water to produce water that is placed into a wa - ter distribution system of a public water system or into a water supply immediately upstream of a public water system’s water treatment plant, which includes the adoption of sections summa - rized as follows: —

Section 64669.00 (Application), establish - ing the general applicability for the require - ments of the Article; —

Section 64669.05 (Definitions), establishing

definitions related to DPR; —

Section 64669.10 (General Requirements), establishing general requirements, including

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 939 overarching requirements and those criteria that do not fall within the more specific sub- ject matter in subsequent sections; —

Section 64669.15 (Permit), establishing the requirement for a direct potable reuse re - sponsible agency, and the permitting re - quirements for the agency as well as other public water systems that receive water from a DPR project; —

Section 64669.20 (Joint Plan), establishing the requirement for a Joint Plan that clarifies the roles and responsibilities of all partner agencies in a DPR project; —

Section 64669.25 (Public Meeting), estab - lishing the minimum requirements relat - ed to holding a public meeting for a DPR project; —

Section 64669.30 (Technical, Managerial, and Financial Capacity), establishing min - imum requirements for technical, manage - rial, and financial capacity necessary for a DPR project; —

Section 64669.35 (Operator Certification), establishing minimum requirements for op - erator certification; —

Section 64669.40 (Wastewater Source Control), establishing minimum require - ments and criteria related to the origin and control of raw wastewater to be ultimately treated and used for DPR projects; —

Section 64669.45 (Pathogen Control), estab- lishing minimum requirements for the con - trol of pathogenic microorganisms; —

Section 64669.50 (Chemical Control), set - ting forth minimum treatment criteria for the control of chemical risks; —

Section 64669.55 (Water Safety Plan), estab- lishing minimum requirements for project– specific risk assessment for water safety; —

Section 64669.60 (Regulated Contaminants and Physical Characteristics Control and Monitoring), establishing minimum re - quirements for the control of regulated con - taminants and physical water quality char - acteristics that are commonly regulated in drinking water; —

Section 64669.65 (Additional Chemical Monitoring), establishing requirements for the monitoring of chemicals and contami - nants beyond regulated contaminants and pathogenic microorganisms; —

Section 64669.70 (Laboratory Analysis), es- tablishing minimum requirements related to the analyses of chemicals and contaminants for a direct potable reuse project; —

Section 64669.75 (Engineering Report), es - tablishing minimum requirements for the information contained in an engineering report; —

Section 64669.80 (Operations Plan), estab - lishing minimum requirements for an oper - ations plan for a direct potable reuse project; —

Section 64669.85 (Pathogen and Chemical Control Point Monitoring and Response), establishing requirements for pathogen and chemical control points to address treat - ment failure conditions and control system requirements; —

Section 64669.90 (Monitoring Plan), estab - lishing requirements to develop a monitor - ing plan; —

Section 64669.95 (Compliance Reporting), establishing requirements to report compli - ance data and information for DPR projects; —

Section 64669.100 (Annual Report), estab - lishing requirements to provide an annual

summary for the public record of the status of a DPR project and its ability to comply with regulations; —

Section 64669.105 (Cross–Connection Control), establishing requirements to as - sess DPR projects to reduce contamination from cross–connections; —

Section 64669.110 (Corrosion Control and Stabilization), establishing requirements for corrosion control and stabilization of the wa- ter produced by DPR projects; —

Section 64669.120 (Independent Advisory Panel), establishing requirements related to the review of DPR projects by independent advisory panels; —

Section 64669.125 (Public Notification), es- tablishing requirements for public notifica - tion for specific conditions unique to DPR projects; —

Section 64669.130 (Consumer Confidence Report), establishing requirements for infor- mation unique to DPR projects to be includ- ed in consumer confidence reports. The net effect of the proposed regulations would be to establish specific regulatory criteria for general ap - plication by public water systems choosing to engage in the planned use of municipal wastewater to produce water that is placed into a water distribution system of a public water system or into a water supply im - mediately upstream of a public water system’s water treatment plant.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 940 The proposed regulations would not affect Califor - nia’s SDWA primacy delegation granted by U.S. EPA because no federal regulations exist that specifically address DPR. The net effect of these amendments is that the proposed state regulation would not be less stringent than any existing federal regulation. FORMS OR DOCUMENTS INCORPORATED BY REFERENCE (CCR Title 1, Division 1,

Chapter 1, § 20(c)(3)) The following documents are incorporated by ref - erence in the proposed regulations, as it would be too cumbersome, unduly expensive, and impractical to publish these documents into regulation: ■ D4194–23 Standard Test Methods for Operating Characteristics of Reverse Osmosis and Nanofil - tration Devices (2023), available at: https://www. astm.org/d4194–23.html ■ Protocol for the Evaluation of Alternate Test Pro- cedures for Organic and Inorganic Analytes in Drinking Water (EPA 815–R–15–007, Febru - ary 2015), available at: http://nepis.epa.gov/Exe/ ZyPDF.cgi?Dockey=P100MERX.txt ■ Protocol for the Evaluation of Alternate Test Pro- cedures for Analyzing Radioactive Contaminants in Drinking Water (EPA 815–R–15–008, Febru - ary 2015), available at: http://nepis.epa.gov/Exe/ ZyPDF.cgi?Dockey=P100MESN.txt MANDATED BY FEDERAL LAW OR REGULATIONS (Gov.

Code, §§ 11346.2(

c) and 11346.9) Adoption of the proposed regulations is not mandat- ed by federal laws or regulations. OTHER STATUTORY REQUIREMENTS (Gov. Code, § 11346.5(a)(4)) California Environmental Quality Act: The California Environmental Quality Act (CEQA) applies to projects which may either cause a direct physical change in the environment or a reasonably indirect physical change in the environment. (Public Resources Code, § 21084). The proposed regulations do not require the development and implementation of any DPR projects, nor do these regulations create any new entitlement.

Rather, the proposed regulations streamline and standardize the existing process for the approval and permitting of DPR projects. Because it is not reasonably foreseeable that the adoption of the reg- ulations will result in the approval and implementation of any additional DPR projects, the adoption of these regulations is not considered a project under CEQA.

In addition, the State Board intends to make a find - ing that adoption of the proposed DPR regulations represents action taken by a regulatory agency pur - suant to its general and specific statutory authority for the maintenance, enhancement, and protection of the environment and natural resources, and that adop - tion of the proposed DPR regulations satisfies the re - quirements of Title 14 of the California Code of Reg - ulations, sections 15307 and 15308, and is therefore a Class 7 and 8 categorical exempt project.

As set forth above, the proposed regulations maintain, enhance, and protect the natural resources and environment of the state by facilitating the increased use of wastewa - ter, thereby increasing the overall supply of potable water, facilitating the increased treatment of waste - water, facilitating the treatment of drinking water, facilitating the decrease of air emissions and energy usage, and decreasing the likelihood of disturbances to land and other natural resources.

The State Board intends to further find that there are no facts on the record to indicate or suggest that the proposed DPR regulations fall within any of the enumerated excep - tions for the appropriate use of a categorical exemp - tion as set forth in Title 14 CCR,

section 15300.2. The State Board intends to find, therefore, that pursuant to Title 14 CCR,

section 15300, adoption of the proposed DPR regulations is categorically exempt from CEQA requirements for the preparation of environmental documents. Scientific Peer Review (Health and Safety Code, § 57004(b)): Health and Safety Code

section 57004(

b) requires that the scientific portions of any regulation proposed by the California Environmental Protection Agency (Cal/EPA), or any board, department or office within Cal/EPA, be submitted to an external scientific peer review entity for evaluation of their scientific basis. “Scientific basis” and “scientific portions” mean “those foundations of a rule that are premised upon, or de - rived from empirical data or other scientific findings, conclusions, or assumptions establishing a regulatory level, standard, or other requirement for the protection of public health or the environment” (Health & Safe - ty Code, § 57004(a)(2)).

CalEPA ’s Unified California Environmental Protection Agency Policy and Guiding Principles for External Scientific Peer Review, March 13, 1998 (CalEPA Guiding Principles) recognizes that external scientific peer review processes are not war - ranted where there are no underlying scientific bases at issue, or where the underlying scientific basis has already undergone review. Coordination and oversight of the scientific peer review was conducted by California’s Environmental Protection Agency’s External Scientific Peer Review Program, in the State Board Office of Research, Plan-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 941 ning, and Performance. The scientific peer review was completed on June 21, 2021, as required by law. Safe, Clean, Affordable Water (Water Code, § 106.3): Water Code

section 106.3(

b) requires the State Board to consider the state’s policy that “every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes.” In establishing and adopting the proposed regulations, the State Board considered the statewide policy set forth in

section 106.3 of the Water Code and determined the proposed regulations will further the stated policy. The proposed regulations will result in a continued protection of the health and welfare of California residents, by establishing health protective uniform water recycling criteria for the planned use of municipal wastewater as a new source of reliable drinking water. LOCAL MANDATE (Gov. Code, § 11346.5(a)(5)) The State Board has determined that the regulations will not impose a mandate on local agencies or school districts that require state reimbursement. FISCAL IMPACT (Gov.

Code, § 11346.5(a)(6)) Identified fiscal impact estimates, if any, are pre - pared in accordance with Department of Finance in - structions (SAM 6601–6616). Estimated Fiscal Impact on Local Agency or School District: None. Estimated Fiscal Impact on State Government: None. Other Non–discretionary Cost or Savings Imposed on Local Agencies: None. Estimated Fiscal Impact on Federal Funding of State Programs: None. Cost to Any Local Agency or School District which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. HOUSING COSTS (Gov.

Code, § 11346.5(a)(12)) The State Board has determined that the regulations will have no impact on housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES IN CALIFORNIA (Gov. Code, § 11346.3(a); § 11346.5(a)(7); § 11346.5(a)(8)) The State Board has determined that the proposed regulations will not have a significant, statewide ad - verse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (Gov.

Code, § 11346.5(a)(10)) The State Board estimates that the economic impact of this regulation (which includes the fiscal impact) is below $10 million and is a non–major regulation. The proposed regulations do not impose any ad - ditional requirements on members of the regulated entities. The proposed regulations serve to carry out the statutory requirement to develop uniform water recycling criteria for direct potable reuse.

Adoption of the proposed regulations would further ensure the protection of the health and welfare of California res - idents by providing minimum uniform criteria for en - suring protection of public health, which will serve to streamline the existing domestic water supply permit - ting process for entities choosing to engage in direct potable reuse.

Adoption of the proposed regulations will not: 1) create or eliminate jobs within California; 2) create new businesses or eliminate existing businesses with - in California: 3) affect the expansion of businesses currently doing business in California; or 4) affect the health and welfare of California residents, worker safety, or the environment. STATEMENT OF THE RESULTS OF THE STANDARDIZED REGULATORY IMPACT ANALYSIS (SRIA) (Gov. Code, § 11346.5(a)(10)) Not applicable. The State Board has determined that the proposed regulations are not a major regulation.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS (Gov. Code, § 11346.5(a)(9)) The State Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 29-Z 942 BUSINESS REPORT (Gov. Code, § 11346.5(a)(11); § 11346.3(d)) Government Code subsection 11346.3(

d) requires that any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the reg- ulation makes a finding that it is necessary for health, safety, or welfare of the people of the state that the regulation apply to businesses. The State Board has determined that the proposed regulations would not require reports from businesses to the extent that PWS are not considered businesses pursuant to Government Code paragraph 11342.610(b)(8).

To the extent PWS may be considered businesses, reporting required by the proposed regulations is necessary for health, safe - ty, or welfare of the people of the state. EFFECT ON SMALL BUSINESSES (1 CCR, § 4(

a) and (b)) The State Board has determined that the proposed regulations would not affect small business because Government Code

chapter 3.5,

article 2,

section 11342.610(b)(8) excludes utilities from the definition of a small business, and the proposed regulations thus do not apply to small businesses. CONSIDERATION OF ALTERNATIVES (Gov.

Code, § 11346.5(a)(13)) The State Board must determine that no reasonable alternative considered or otherwise identified and brought to its attention would be more effective in carrying out the purpose for which this action is pro - posed, would be as effective and less burdensome to the regulated water systems and affected private per - sons, or would be more cost–effective to the regulated water systems and affected private persons, yet equal- ly effective in implementing statutory requirements or other provisions of law, than the proposed action.

The State Board invites interested parties to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period, as identified in this notice. STATE BOARD CONTACT PERSONS (Gov. Code, § 11346.5(a)(14)) Requests for copies of the proposed regulatory text, the initial statement of reasons, subsequent modifica - tions of the proposed regulatory text, if any, or other inquiries concerning the proposed action may be di - rected to: Jing Chao, P.E.

Senior Sanitary Engineer State Water Resources Control Board, Division of Drinking Water 2375 Northside Drive, Suite 100 San Diego, CA 92108–2700 Telephone: (619) 525–4834 Electronic mail address: jchao@waterboards.ca.gov In the event Jing Chao is not available to respond to requests or inquiries, please contact: Randy Barnard, P.E. Supervising Water Resource Control Engineer State Water Resources Control Board, Division of Drinking Water Telephone: (619) 525–4022 Electronic mail: randy.barnard@waterboards.ca.gov AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE (Gov.

Code, § 11346.5(a)(16)) The State Board has prepared the proposed regula - tion text and an Initial Statement of Reasons for the proposed regulatory action. The Initial Statement of Reasons includes the specific purpose of the regula - tions proposed for adoption, and the rationale for the State Board’s determination that adoption is reason - ably necessary to carry out the purpose for which the regulations are proposed. All of the information upon which the proposed regulations are based is con- tained in the rulemaking file, which is available for inspection and copying throughout the rulemaking process.

To inspect or copy the rulemaking file at the State Board office, contact Jing Chao, identified above (“Contact Persons”). AVAILABILITY OF CHANGED OR MODIFIED TEXT (Gov. Code, § 11346.5(a)(18)) After holding the hearing and considering relevant comments received in a timely manner, the State Board may adopt the proposed regulations substan - tially as described in this notice. If the State Board makes modificati