Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 49-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 9, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–1129–03 ....................................... 1473 AMENDMENT MULTI–COUNTY: BETA Healthcare Group Risk Management Authority Capitol Valley Regional Service Authority for Freeways and Expressways Kern Tulare Water District Sacramento Area Council of Governments TITLE 2.

STATE PERSONNEL BOARD Merit and Appeals Process — Notice File Number Z2022–1129–02 ....................................... 1474 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Mediation Notice — Notice File Number Z2022–1123–01 ............................................... 1476 TITLE 12. DEPARTMENT OF VETERANS AFFAIRS Nonveteran Continued Residency — Notice File Number Z2022–1129–01 .................................. 1479 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Golden Eagle Habitat Use in Pahrump Valley and Adjacent Land in California ............................. 1481 (Continued on next page)

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1482 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1473 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 M U LT I – COU N T Y: BETA Healthcare Group Risk Management Authority Capitol Valley Regional Service Authority for Freeways and Expressways Kern Tulare Water District Sacramento Area Council of Governments A written comment period has been established commencing on December 9, 2022 and closing on Jan- uary 23, 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 January 23, 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) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1474 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2.

STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to repeal Sections 202 and 203.5 and amend Sections 66.1, 186, 190, 213.4, and 548.49 to clarify the regulations related to merit issue complaints; appeals related to Board examinations; Qualification Appraisal Panel (QAP) and employee development appraisal rating appeal rights; and proce- dures related to drug testing appeal rights. (Cal.

Code Regs., title 2, 66.1, 186, 190, 202, 203.5, 213.4, and 548.49.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be held on January 24, 2023 at 10:00 a.m. via WebEx. In order to participate in the public hear - ing, please see the following options: ● Via Video (Online) You may click, or copy and paste into your web browser, the following link: https://spb- meetings.webex.com/spb-meetinqs/j.php?

MTID=mace2b248b37894c65e6ceec172faa22b Then enter the following information to gain access to the hearing: Meeting Number: 2551 734 1034 Meeting password: S8Qnae84hJ9 ● Via Telephone You may also participate by dialing the phone num- ber first and then the participant code listed below: Phone Number: +1–408–418–9388 Participant Code: 25517341034## The telephonic conference to be used for the public hearing is accessible to persons with mobility impair - ment.

Persons with sight or hearing impairments are requested to notify the contact person for these hear - ings (listed below) in order to make specific arrange - ments, if necessary. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: lori.gillihan@spb.ca.gov The written comment period closes on January 24, 2023.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to amend Sections 66.1, 186, 190, 202, 203.5, 213.4, and 548.49 of Title 2,

Chapter 1 of the California Code of Regulations pursuant to the authority vested in it by the California Constitu - tion,

article 7,

section 3, and Government Code sec - tion 18701. The proposed regulation will implement, interpret, and make specific the provisions of Govern- ment Code sections 12940, 18502, 18670, 18675 18701, 18930, 18952, 19701, 19702, 19230, 19231, 19889, 19889.2, and 19889.3. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const., art.

VII, §§ 1, subdivision (b), and 3; Govern- ment Code, § 18660.) In addition, the Board, by major- ity vote of all its members, prescribes probationary pe- riods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) Regulations adopted by the Board are exempt from the Administrative Procedure Act (APA), except as expressly specified. (Government Code, §§ 18211, 18215, and 18216.) Regulations concerning Board hearing procedures related to disciplinary and merit matters are not exempt from the APA. (Government Code, § 18215, subdivision (a)(2).) The purpose of repealing and amending these sec - tions is to further clarify the regulations related to merit issue complaints; appeals related to Board ex - aminations; Qualification Appraisal Panel (QAP) and employee development appraisal rating appeal rights; and procedures related to drug testing appeal rights.

Specifically,

section 66.1 provides that an individual must first file a merit issue complaint with the state agency prior to submitting an appeal with the Board. However,

section 66.1 requires further clarity regard -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1475 ing the process for the filing and handling of merit is - sue complaints. Additionally, changes to sections 190 and 548.49 now establish uniform standards for filing an appeal with the Board for all examinations including Career Executive Assignments (CEAs). As such, sections 202 and 203.5 which specifically address the appeal standards for QAP and employee development ap - praisal rating examination appeal rights are no longer required. Furthermore,

section 213.4 has been amended to en- sure that departments inform applicants of their right to appeal the results of a drug test with the Board. Further changes were made to sections 186 and 190 to improve the organization and general clarity of the Board’s regulations. The benefits of this regulatory change include: 1.) conserving the fiscal interests of the state by improv - ing the Board’s merit issue complaint and appeals pro- cess standards; 2.) updating the appeals process for Board examinations; and 3.) improving the organiza - tion of Board regulations.

In reviewing other state regulations, the Board found that the instant regulatory proposal is consistent and compatible with existing state regulations. FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

ECONOMIC IMPACT ON BUSINESS ● Significant, statewide adverse economic impact directly affecting businesses including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Effect on small business: None. The proposed regulations only set standards related to state civil service appeals procedures. Accordingly, it has been determined that the adoption of the proposed regulations would not affect small busi- nesses in any way.

COST IMPACT ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action since the regulatory change only impacts the Board’s appeals procedures. RESULTS OF ECONOMIC IMPACT ASSESSMENT Adoption of these regulations will not: 1. Create or eliminate jobs within California. 2. Create new businesses or eliminate existing busi- nesses within California. 3. Affect the expansion of businesses currently do - ing business within California. 4.

Affect worker safety or the state’s environment. The adoption of these regulations, however, will have a positive impact on the general health and wel - fare of California residents in that the benefits of this regulatory action create a fair, equitable, and consis - tent process for the civil service hiring process.

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

CONTACT PERSONS Inquiries concerning the proposed regulatory ac - tion, including questions regarding procedure, com - ments, or the substance of the proposal, may be di - rected to: Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–1043 Email: lori.gillihan@spb.ca.gov The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1476 Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Policy Division Chief, Lori Gillihan, at the above address.

A VAILABILITY OF RULEMAKING FILE The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout and underline; 2. A copy of this notice and statement of reasons for the proposed adoption; and 3. Any factual information upon which the pro - posed rulemaking is based. If written comments, data or other factual infor - mation, studies or reports are received, they will be added to the rulemaking file.

The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramen - to, CA 95814. Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the per- son via the address, email, or phone number 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.

If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the mod - ified text (with the changes clearly indicated) avail - able to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the atten - tion of the person at the address indicated above. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available to the public.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3915.1 The Department of Food and Agriculture (Depart - ment) proposes to revise Title 3 of the California Code of Regulations (CCR)

Section 3915.1 pertaining to the Mediation Notice Label. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email.

The writ - ten comment period closes on January 23rd, 2023. The Department will consider only comments received at the Department offices by that date or postmarked no later than January 23rd, 2023. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Erin.Lovig@cdfa.ca.gov 916.403.6650

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1477 Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov. Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public.

Follow- ing the public hearing, if one is requested, or follow - ing the written comment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal sub - stantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3915.1 pursuant to the authority vested by Sections 407 and 52332 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific

Section 52332 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending

Section 3915.1 is to clarify the dispute resolution procedures and make it more consistent with other state laws and regula - tions by amending the mediation notice. EXISTING LAWS AND REGULATIONS Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code which the Secretary is directed or authorized to ad - minister or enforce. Existing law, FAC

Section 52332, provides that reg- ulations adopted by the secretary for the mandatory conciliation, mediation, or arbitration of disputes shall require that adequate notice be provided on the seed label notifying any buyer of the requirement to sub - mit a dispute to mandatory conciliation, mediation, or arbitration as a prerequisite to other dispute resolution mechanisms, including litigation. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The Department anticipates consumers and seed labelers will benefit from the proposed amendment of this regulation.

California’s agricultural economy relies on the production of numerous agricultural and vegetable crops that are grown from seed. The movement of interstate seed into California’s seed marketplace will ensure a diverse and ample supply of agricultural and vegetable seed for consumers and intrastate seed labelers. The “labeling,” as defined in

Section 52255 of the FAC, of interstate seed must com- ply with the laws and regulations in each destination state, and interstate seed labelers must change their seed labels accordingly. The proposed amendment will align with the Notice of Arbitration/Conciliation/ Mediation in RUSSL and be more consistent with oth- er state laws and regulations, reducing the burden on interstate seed labelers selling seed in California. The Department also anticipates the proposed amendment will improve regulatory compliance, resulting in few - er violations for seed labelers. In addition, a “person,” as defined in

Section 38 of the FAC, will not incur in- creased costs due to the proposed amendment of this regulation. The labeling requirement, established in

Section 52456 of FAC and CCR

Section 3867, except as provided in

Section 52451 of the FAC, will not be eliminated. When California consumers purchase seed for com- mercial crop production, they rely on the analytical in- formation presented on the seed label to estimate field plantings and crop yields. In the event seed does not perform as described on the label, California consum- ers may pursue mediation, a prerequisite to seeking legal action, to resolve seed disputes. The proposed amendment will more concisely describe the dispute resolution procedures to consumers and reduce im - properly labeled containers of seed in the marketplace.

Lastly, the formal complaint, investigation, and medi- ation procedures, as outlined in Sections 3915, 3916, 3917, and 3918 of the California Code of Regulations, will remain. There is no existing, comparable federal regulation or statute. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing the noticing label, and it found that these proposed amendments are the only regula - tions dealing with this subject, and the Department is the only State agency which can clarify the dispute resolution procedures and make it more consistent with other states’ laws and regulations. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3915.1 and has determined that it is not inconsistent or incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1478 DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Depart - ment has determined that this regulatory proposal will not have a significant impact on any state agency in the State of California. The proposed amendment does not eliminate the labeling requirement established in

Section 52456 of the FAC and

Section 3867 of the California Code of Regulations, except as provided in

Section 52451 of the FAC. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the State without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3915.1 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of Califor - nia, (3) will have no impact on the expansion of busi - nesses within the State of California, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law. The Department invites interested persons to pres - ent alternatives during the written comment period.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1479 TITLE 12. D EPARTMENT OF VETERANS AFFAIRS NOTICE IS HEREBY GIVEN that the California Department of Veterans Affairs (CalVet) is proposing to take the action described in the Informative Digest after considering all comments, objections, and rec - ommendations regarding the proposed action. PUBLIC HEARING The Department has not scheduled a public hear - ing. However, any interested person or his or her authorized representative may request a hearing no later than fifteen (15) calendar days prior the end of the written comment period.

Submit a request to Phil McAllister at the address below. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to CalVet. Comments may also be submitted by facsimile (FAX) at (916) 653– 2456 or by e–mail to phil.mcallister@calvet.ca.gov. The written comment period closes on January 23, 2023. CalVet will consider only comments received at CalVet offices by that time.

Submit comments to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 500 Sacramento, CA 95814 AUTHORITY AND REFERENCE Authority: Sections 79.3, 79.4, 1023, and 1044, Mil- itary and Veterans Code (MVC). Reference: Sections 1012 and 1012.1, MVC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW A. I nformative Digest These proposed regulations would provide rules related to a nonveteran Veterans Home member orig - inally admitted to the Veterans Home in a joint ad - mission with their veteran spouse or domestic partner.

The goal is to clarify a nonveteran member’s option to continue their residency after the death or discharge of their related veteran spouse or domestic partner, or after divorce or termination of domestic partnership. This proposed regulation would protect the rights of nonveteran spouses and domestic partners as valued members of the Veterans Homes. There are multiple scenarios in which a spouse or domestic partner of a veteran member may choose to remain in a Veterans Home without maintaining joint residency with their veteran member spouse or do - mestic partner.

Chief among them are the following scenarios: ● A nonveteran member of the Veterans Home di - vorces or ends their domestic partnership with their related veteran member, or vice versa. ● T he veteran member is discharged from the Vet - erans Home. ● T he veteran member discharges pursuant to 12 CCR

Section 520.2, intending to take an aid–in– dying drug to end his or her life. The Veterans Homes provide care for aged or dis - abled veterans, but may admit nonveteran spouses or domestic partners of veterans when the veteran and nonveteran submit a joint application to enter a Vet - erans Home. 1 Currently, there are no guidelines set in regulation addressing the status of a nonveteran mem- ber following the death or discharge of their related veteran member, or following their divorce or termi - nation of domestic partnership between the veteran and nonveteran members. Proposed 12 CCR

Section 505.13 Nonveteran Continued Residency would provide as follows:

Section 505.13(

a) States the right of the nonveteran member to elect to continue their residency in enumerated scenarios. This is necessary to provide the specific scenarios in which a nonveteran member would be permitted to re- main a member of a Veterans Home.

Section 505.13(

b) This is required because statutory and regulatory mechanisms exist to discharge nonveteran members following the dissolution of joint residency with their veteran member spouse or domestic partner. Because the right of a nonveteran member to remain in a Veter- ans Home following the reasons described in

Section 505.13(

a) of this rulemaking action are not absolute, this subsection is necessary to affirm the scenarios in which a nonveteran member may solely be discharged from a Veterans Home to prevent abuse of the right to continued nonveteran member residency. The enumer- ated reasons in this

section do not broaden or limit a nonveteran member’s rights, but are a recognition of preexisting reasons for discharge.

Section 505.13(

c) This is necessary to affirm that nothing in the pro - posed rulemaking action should be misconstrued to override MVC

Section 1012 or MVC

Section 1 In accordance with Military and Veterans Code § 1 012(a)(3), the Veterans Homes may also admit nonveteran widows and wid - owers of specified veterans. Pursuant to 12 California Code of Regulations § 505.2(f)(1), these nonveterans may not be jointly admitted with another nonveteran, and are therefore not subject to the proposed regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1480 1012.1(b). MVC

Section 1012 dictates that all mem - bers meet specified eligibility requirements, including those set forth by the U.S. Department of Veterans Affairs (USDVA). Meanwhile, MVC

Section 1012.1(

b) clearly intends to discharge members, whether veteran or nonveteran, if a joint application is predicated on false information. In either case, the joint admission of the veteran and nonveteran is voided, and both mem - bers should be discharged as a corrective action. B. Policy Statement Overview CalVet proposes this rulemaking action to make per- manent CCR, Title 12,

Section 505.13. This rulemak - ing action will make specific how CalVet administers nonveteran spouse continued residency within the Veterans Home system in accordance with the MVC. These regulations would set forth a uniform process for nonveteran members wishing to remain members of the Veterans Homes following the death, discharge, divorce, or termination of domestic partnership of their veteran spouse or domestic partner.

This regu - lation would create uniformity and ensure fairness in CalVet’s approach to the residency status of nonvet - eran members in keeping with CalVet’s commitment to operate California Veterans Homes for aged and disabled veterans, including their spouses or domestic partners. CalVet keeps this commitment by providing nonveteran members the right to elect to remain mem- bers of the Veterans Homes following a veteran mem- ber’s death or discharge, or divorce or termination of a domestic partner member.

Discharging a nonveter - an member without cause, when that member would otherwise meet eligibility requirements, would be un - reasonable, as it would cause considerable harm while failing to meet the spirit, if not the letter, of state law. DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS After conducting an evaluation for any regulations related to this area, CalVet has found that this pro - posed regulation is not inconsistent or incapable with existing regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION CalVet has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or businesses: CalVet is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS CalVet does not anticipate that there will be signif - icant impacts on the public, private persons, or busi - ness due to the proposed regulation. CalVet does not anticipate that there will be an expansion of existing business in California. No jobs will be created; none will be eliminated. No new businesses will be creat - ed; no existing businesses will be eliminated. CalVet anticipates that the regulation will benefit the health and welfare of members of the Veterans Homes of California.

CalVet has not identified any benefits in the areas of worker safety or the state’s environment. The reason no benefits were identified is that the regulation does not address worker safety or the state’s environment. Benefits of the Proposed Action: The proposed regulation, 12 CCR

Section 505.13 Nonveteran Continued Residency, will provide rules related to a nonveteran Veterans Home member origi- nally admitted to the Veterans Home in a joint admis- sion with their veteran spouse or domestic partner in accordance with the MVC. Small Business Determination: CalVet has determined that the proposed regulation will not affect small business. This proposed regula - tion does not apply to small business in any manner. Business Report The proposed regulation does not require a business report.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1481 CalVet is not aware of any reasonable alternatives. Providing clarity to nonveteran members of the Home is essential to avoid unequal or non–uniform treatment of nonveteran spouses and domestic partners wishing to remain at a Veterans Home so they may “age in place” instead of forcing a move to a care facility out- side of the veterans community.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Phil McAllister, Regulatory Actions Coordinator California Department of Veterans Affairs 1227 O Street, Suite 500 Sacramento, CA 95814 Telephone: (916) 653–1961 Email: phil.mcallister@calvet.ca.gov The backup contact person for these inquiries is: Andra Pechal, Manager California Department of Veterans Affairs 1227 O Street, Suite 500 Sacramento, CA 95814 Telephone: (916) 503–8329 Email: andra.pechal@calvet.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to Phil McAllister at the above address.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE CalVet will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, the text of these proposed regulations and relevant state and federal law. Copies may be obtained by con- tacting Phil McAllister at the address or phone num - ber listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, CalVet may adopt the proposed regulations substantially as described in this notice. If CalVet 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 CalVet adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Phil McAllister at the address indicated above.

CalVet will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Phil McAl- lister at the above address. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations can be accessed through our website at https://www. calvet.ca.gov/about–us/laws–regulations.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES GOLDEN EAGLE HABITAT USE IN PAHRUMP VALLEY AND ADJACENT LAND IN CALIFORNIA The Department of Fish and Wildlife (Department) received a proposal on November 14, 2022, from Dr. Todd Katzner of the U.S. Geological Survey, request- ing authorization to take the golden eagle ( Aquila chrysaetos) (eagle), a Fully Protected bird, for scien - tific research purposes, consistent with protection and conservation of the species. Dr. Katzner will be working in cooperation with Dr. Peter H.

Bloom of Bloom Biological, Inc., to de - termine potential impacts to eagles from solar renew - able energy facilities that are planned to be built in the Pahrump Valley in Nevada. The research will help determine if eagles captured in Nevada utilize habi - tat within California, and if eagles in San Bernardi - no County, California utilize habitat in the Pahrump Valley area. The proposed activities include trapping

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1482 via baited bow or other nets, taking standard mea - surements including weight, estimation of age of each captured eagle, attachment of GSM/GPS transmitters to track movements and home range size of tagged ea- gles, banding with aluminum and color VID bands, and collection of blood and feather samples. Sample size of tagged eagles and duration of the research will be dependent on available funding after the initial two years of study.

If any eagles are found dead, or unvi - able eggs are discovered, they may be salvaged and donated to a scientific institution open to the public as designated by the Department and the U.S. Fish and Wildlife Service. The Department intends to issue, under specified conditions, an amended Memorandum of Understand- ing (MOU) that would authorize the applicant to carry out the proposed activities. The applicant is also re - quired to have valid federal permits for the research on eagles, and a scientific collecting permit to incidental- ly take other bird species in California.

Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30–day notice period has been provided to affected and interested parties through publication of this notice. If the De - partment determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it will issue the au - thorization on or after January 8, 2023, for an initial and renewable term of four years. Contact: Shannon Skalos, Shannon.Skalos@wildlife.ca.gov.

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

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

Secretary of State File # 2022–1018–01 Notices Regarding Prohibition of Electioneering and Corruption of the Voting Process This certificate of compliance by the Secretary of State makes permanent the emergency regulations that establish notice requirements concerning the pro - hibition of electioneering and activity related to the corruption of the voting process.

Title 02 Adopt: 20180, 20181, 20182 Filed 11/30/2022 Effective 11/30/2022 Agency Contact: Robbie Anderson (916) 216–6488 State Water Resources Control Board File # 2022–1115–03 FY 2022–23 Water Rights Fees This emergency action amends fees supporting water right program activities including fees related to groundwater extractions reporting, water right ap - plications, special petitions or requests, water rights permits and licenses, and Federal Energy Regulatory Commission Licensed Hydroelectric Projects.

Title 23 Amend: 1040, 1044, 1062, 1063, 1064, 1066, 3833.1 Filed 11/28/2022 Effective 11/28/2022 Agency Contact: Sarah Fong (916) 341–5129 State Water Resources Control Board File # 2022–1116–01 Emergency Regulation Amending Drinking Water Fee

Schedule In this emergency rulemaking action, the State Water Resources Control Board (Board) amends the fee amounts paid by public water systems into the Safe Drinking Water Account to conform to the revenue levels set forth in the Budget Act for fiscal year 2022– 23. This emergency action is exempt from review by the Office of Administrative Law pursuant to Health and Safety Code

section 116565 and remains in effect until revised by the Board. Title 22 Amend: 64305 Filed 11/28/2022 Effective 11/28/2022 Agency Contact: Justin Davis (916) 449–5670 State Water Resources Control Board File # 2022–1116–02 FY 2022–23 Waste Discharge Requirement Fee This emergency regulatory action by the State Water Resources Control Board is the annual adjustment to fees assessed to persons issued waste discharge per - mits. These fees are adjusted each fiscal year to con - form to the revenue levels set forth in the Budget Act. Pursuant to Water Code

section 13260(f)(2), this ac - tion is a statutorily deemed emergency, is not subject

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1483 to review by the Office of Administrative Law, and shall remain in effect until revised by the state board.

Title 23 Amend: 2200, 2200.1, 2200.2, 2200.4, 2200.5, 2200.6, 2200.7, 2200.8, 2200.9 Filed 11/28/2022 Effective 11/28/2022 Agency Contact: Sarah Fong (916) 341–5129 CalSavers Retirement Savings Board File # 2022–1122–02 CalSavers Retirement Savings Program Amendments This emergency rulemaking action by the CalSavers Retirement Savings Board readopts amendments orig- inally made in OAL Matter No. 2022–0308–03E, and readopted in OAL Matter No. 2022–0830–04EE, re - lating to determining employer eligibility and dead - lines for registration and enrollment in the CalSavers Retirement Savings Program.

Title 10 Amend: 10000, 10001, 10002, 10004 Filed 11/30/2022 Effective 12/15/2022 Agency Contact: Eric Lawyer (916) 653–1744 Office of Energy Infrastructure Safety File # 2022–1116–03 Hearing Procedures This emergency readopt establishes a written hear - ing process by which regulated entities and the public may present additional information to the office re - garding a notice of defect or violation. This emergen - cy is deemed pursuant to Government Code sections 15473(c)(2)(

E) and 15475(a). Title 14 Adopt: 29104 Filed 11/28/2022 Effective 12/12/2022 Agency Contact: Jeff Brooks (916) 926–1672 Office of the State Fire Marshal File # 2022–1013–03 Pipeline Safety Enforcement and Operator Drug and Alcohol Testing This file and print action from the Office of State Fire Marshal adopts, amends, and repeals regulations related to hazardous liquid pipeline safety in compli - ance the Federal Hazardous Liquid Pipeline Safety Act. This action is exempt from the Administrative Procedure Act pursuant to Government Code

section 51011.

Title 19 Adopt: 2070.1, 2070.2, 2071.1, 2071.2, 2071.3, 2071.4, 2073.2, 2073.3, 2073.4, 2073.5, 2075.1 Amend: 2050, 2072, 2073 renumbered 2073.1 2074, 2075 Repeal: 2070, 2071 Filed 11/29/2022 Effective 01/01/2023 Agency Contact: Eireann Flannery (916) 531–7650 Department of Motor Vehicles File # 2022–1018–03 Driver’s Licenses and Identification Cards: AB 60 This change without regulatory effect by the Department of Motor Vehicles amends the list of doc- uments that have been deemed to provide satisfactory proof of an applicant’s identity for purposes of sec - tion 16.04, subdivision (b), of title 13 of the California Code of Regulations to update the version of the Mexican Consular Card (Matricula Consular) from 2006 to 2022.

Title 13 Amend: Appendix Filed 11/29/2022 Agency Contact: Randi Calkins (916) 282–7294 Air Resources Board File # 2022–1014–06 Advanced Clean Cars II Regulations In this action, the California Air Resources Board adopts the Advanced Clean Car II (ACCII) regulations for the purpose of guiding the light–duty vehicle seg - ment of the California transportation sector toward 100% electrification by 2035. The action also increas- es the stringency of existing regulations to ensure emissions are reduced in vehicles sold with internal combustion engines beginning in 2026 and until 2035.

Title 13 Adopt: 1961.4, 1962.4, 1962.5, 1962.6, 1962.7, 1962.8 Amend: 1900, 1961.2, 1961.3, 1962.2, 1962.3, 1965, 1968.2, 1969, 19676, 1978, 2037, 2038, 2112, 2139, 2140, 2147, 2317, 2903 Filed 11/30/2022 Effective 11/30/2022 Agency Contact: Bradley Bechtold (661) 305–9128 Board of Education File # 2022–1013–01 Extended School Year This action repeals regulations concerning applica - tion of regular classroom integration components of

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1484 an Individualized Education Program (IEP) during the regular academic year to summer school programs. Title 05 Amend: 3043 Filed 11/28/2022 Effective 01/01/2023 Agency Contact: Lori Adame (916) 319–0860 Board of Forestry and Fire Protection File # 2022–1014–01 Forest Resiliency Amendments, 2022 This action amends forest management and stock - ing regulations to improve forest resilience.

Title 14 Amend: 912.7, 913.2, 913.11, 932.7, 933.2, 933.11, 952.7, 953.2, 953.11 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Jane Van Susteren (916) 619–9795 California Victim Compensation Board File # 2022–1011–02 Claims of Persons Erroneously Convicted This action amends procedures for making a com - pensation claim of a person erroneously convicted of a felony including application and filing requirements, preliminary review, evidentiary standards, claim re - view standards, hearing procedures, and hearing offi - cer decision standards, and sanction standards.

Title 02 Adopt: 646 Amend: 640, 641, 642, 643, 644, 645 Filed 11/23/2022 Effective 01/01/2023 Agency Contact: Neil Ennes (916) 491–3728 Department of Conservation File # 2022–1014–05 California Farmland Conservancy Program In this rulemaking action, the Farmland Conservancy Program amends its real estate appraisal requirements for grant applications. Real estate appraisals no longer must be completed before the Department can act on an application for grant funds. Instead, the appraisals are required to be completed prior to the disbursement of funding under the grant.

This change allows the Department to conditionally approve grant applica - tions prior to completion of final appraisals. Title 14 Amend: 3010 Filed 11/23/2022 Effective 01/01/2023 Agency Contact: Graham St. Michel (530) 556–6127 Medical Board of California File # 2022–1013–05 Notice to Consumers This action requires medical doctors, research psy - choanalyst registrants, licensed midwives, and poly - somnography registrants to provide notice that they are licensed and regulated by the Medical Board, and that patients can check on their license and file a com- plaint to the Board.

Title 16 Adopt: 1378.5, 1379.4 Amend: 1355.4, 1379.58 Filed 11/28/2022 Effective 01/01/2023 Agency Contact: Kerrie Webb (916) 263–2389 Office of Spill Prevention and Response File # 2022–1012–01 Non–floating Oil Ratings for Oil Spill Response Organizations and Contingency Plan Requirements This action by the Office of Spill Prevention and Response amends regulations to address non– floating oil ratings for oil spill response organizations and contingency plan requirements for entities han - dling non–floating oil.

Title 14 Amend: 790, 817.02, 817.03, 817.04, 818.02, 818.03, 819.01, 819.02, 819.04 Filed 11/28/2022 Effective 01/01/2023 Agency Contact: Andrew Benware (916) 375–7157 Commission on Peace Officer Standards and Training File # 2022–1017–03 Updates to

Definitions This action by the Commission on Peace Officer Standards and Training implements Senate Bill 2 (Chapter 409, Statutes of 2021) by adopting and amending

definitions relating to peace officer hiring eligibility and certification requirements. Title 11 Adopt: 1201 Amend: 1001 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Michelle Weiler (916) 227–4870

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 49-Z 1485 Department of Parks and Recreation File # 2022–0902–02 Grants and Cooperative Agreement Program This action repeals the 2008 Soil Conservation Standard and Guidelines and adopts the 2020 Soil Conservation Standard and Guidelines which are in - corporated by reference in 14 CCR

Section 4970.06.3. The Soil Conservation Standards and Guidelines are used by the Off–Highway Motor Vehicle Recreation Division in administering their grants and cooperative agreements programs. Title 14 Amend: 4790.06.3 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Ethan Mathes (916) 215–8074 Fish and Game Commission File # 2022–1014–04 Commercial harvest of kelp and other aquatic plants This rulemaking action by the Fish and Game Commission updates requirements for the commercial harvesting of kelp and other aquatic plants.

This ac - tion also updates requirements related to the leasing of administrative kelp beds and temporarily closes lease only administrative kelp beds 308, 309, and 312.

Title 14 Adopt: 705.1 Amend: 165, 165.5 Filed 11/30/2022 Effective 01/01/2023 Agency Contact: Sherrie Fonbuena (916) 902–9284 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.