California Regulatory Notice Register — Register 2024, No. 9-Z (MARCH 1, 2024)

Cal. Reg. Notice Reg. 2024, No. 9

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 9–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 1, 2024 PROPOSED ACTION ON REGULATIONS TITLE 2. CIVIL RIGHTS DEPARTMENT Conflict–of–Interest Code — Notice File Number Z2024–0220–07 ......................................... 221 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2024–0220–05 ......................................... 221 AMENDMENT MULTI–COUNTY: Compass Charter Schools TITLE 2.

STATE ALLOCATION BOARD The California Preschool, Transitional Kindergarten and Full–Day Kindergarten Facilities Grant Program — Notice File Number Z2024–2020–02 ................................................. 222 TITLE 2. STATE CONTROLLER’S OFFICE Conflict–of–Interest Code — Notice File Number Z2024–0215–01 ......................................... 230 TITLE 5. CRADLE–TO–CAREER DATA SYSTEM Conflict–of–Interest Code — Notice File Number Z2024–0220–03 ......................................... 231 TITLE 5.

COMMISSION ON TEACHER CREDENTIALING Foreign Transcript Evaluating Agencies — Notice File Number Z2024–0220–01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 GENERAL PUBLIC INTEREST AIR RESOURCES BOARD Notice of Postponement ........................................................................... 234 FISH AND GAME COMMISSION Notice of Findings for Inyo Rock Daisy (Laphamia inyoensis) ............................................. 234 (Continued on next page)

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ........................................................ 237 PETITION DECISION STATE WATER RESOURCES CONTROL BOARD Rulemaking Petition Decision to Set Minimum Flows on the Shasta River ................................... 238

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 239 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 $338.00 (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 2024, VOLUME NUMBER 9–Z 221 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. CIVIL RIGHTS DEPARTMENT NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Civil Rights Department, pursuant to the authority vested in it by

section 87306 of the Government Code, pro - poses amendments to its conflict–of–interest code. A comment period has been established commencing on March 1, 2024 and closing on April 25, 2024. All in - quiries should be directed to the contact listed below. The Civil Rights Department proposes to amend its conflict–of–interest code to include employee po - sitions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.

Changes to the Civil Rights Department conflict– of–interest code include: ● Updating the name of the Department from the Department of Fair Employment and Housing to the Civil Rights Department to reflect the name change effective July 1, 2022; ● Adding, removing, and renaming designated po - sitions to reflect the current organizational struc - ture of the Civil Rights Department; ● Adding members of the Civil Rights Council; ● Specifying that the Chairperson of the Civil Rights Council may make a written determina - tion that consultants to the Civil Rights Council are not required to fully comply with disclosure requirements if they are hired to perform a range of duties that is limited in scope; ● Updating the name of the Information Office to Public Affairs to reflect the current organization- al structure; ● Adding a

summary of which sources of income and investments designated positions must dis - close; and ● Other technical changes. Information on the code amendment is available on the agency’s intranet site and/or attached to this email. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than April 25, 2024, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing by no later than April 10, 2024.

The Civil Rights Department has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Alexandria Sadler, Senior Counsel Legislative & Regulatory Affairs Unit Civil Rights Department 555 12th Street, Suite 2050 Oakland, CA 9607 Alexandria.Sadler@calcivilrights.ca.gov (916) 204–5082 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:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 222 CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Compass Charter Schools A written comment period has been established commencing on March 1, 2024, and closing on April 15, 2024. Written comments should be directed to the Fair Political Practices Commission (Commission), Attention Belen Cisneros, 1102 Q Street, Suite 3050, Sacramento, California 95811.

At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission. If a public hearing is requested, the proposed code will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest code, 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 their own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments, or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than April 15, 2024. 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 code should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Belen Cisneros, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, California 95811, telephone (916) 322–5660. TITLE 2.

STATE ALLOCATION BOARD CALIFORNIA PRESCHOOL, TRANSITIONAL KINDERGARTEN AND FULL–DAY KINDERGARTEN FACILITIES GRANT PROGRAM The state allocation board proposes to amend regu - lation sections 1860.2, 1860.3, 1860.4, 1860.16 and 1860.18, along with three associated forms and the Grant Agreement Master Templates, Title 2, California

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 223 Code of Regulations, relating to the California Preschool, Transitional Kindergarten and Full–Day Kindergarten Facilities Grant Program (Program). PROPOSED AMENDMENTS TO THE FOLLOWING REGULATION SECTIONS: ● 1860.2, 1860.3, 1860.4, 1860.16, AND 1860.18 PROPOSED AMENDMENTS TO THE FOLLOWING FORMS: ● Form SAB 70–01, Application for Funding, (Rev. 09/22 09/23), which is incorporated by reference and referenced in Regulation

Section 1860.2 ● Form SAB 70–02, Fund Release Authorization, (Rev. 01/22 09/23), which is incorporated by ref - erence and referenced in Regulation

Section 1860.2 ● Form SAB 70–03, Expenditure Report, (Rev. 09/22 09/23), which is incorporated by reference and referenced in Regulation

Section 1860.2 ● Grant Agreement, (Rev. 01/22 09/23), which is in- corporated by reference and referenced in Regu - lation

Section 1860.2 NOTICE IS HEREBY GIVEN that the State Al - location Board (SAB) proposes to amend the above– referenced regulation sections, as well as three as - sociated forms and the grant agreement templates, contained in Title 2, California Code of Regulations (CCR). A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Office of Public School Construction (OPSC) no later than 15 days pri- or to the close of the written comment period.

Follow- ing the public hearing, if one is requested, or follow - ing the written comment period if no public hearing is requested, OPSC, at its own motion or at the instance of any interested person, may adopt the proposals sub- stantially as set forth above without further notice. AUTHORITY AND REFERENCE CITATIONS The SAB is proposing to amend the above– referenced regulation sections under the authority pro- vided by Sections 17280, 17375, 17375(c), and 17375(

h) of the Education Code; 16304 and 16304.1 of the Gov- ernment Code. The proposals interpret and make specific reference Sections 17280, 17375, 17375(b)(3), 17375(b)(4), 17375(c), and 17375(

h) of the Education Code;

Section 1771.5, Labor Code. INFORMATIVE DIGEST/POLICY OVERVIEW STATEMENT At its meeting on September 27, 2023, the SAB ad- opted proposed regulatory amendments, as well as amendments to three associated forms and the grant agreement master templates. Initially, the [California Preschool, Transitional Kindergarten and] Full–Day Kindergarten Facilities Grant Program (Program) was created through Assembly Bill (AB) 1808,

Chapter 32, Statutes of 2018, and included a one–time Gener - al Fund appropriation in the amount of $100 million for the sole purpose of providing classrooms for full– day kindergarten programs. Since that time, however, several bills became law that appropriated, rescinded, and re–appropriated general fund dollars to the SAB for apportioning one–time grants to school districts that lack the facilities to provide full–day California preschool, transitional kindergarten and kindergarten programs. In addition, the Legislature through Senate Bill 114,

Chapter 48, Statutes of 2023, has declared its intent to appropriate an additional $550 million from the General Fund in the 2024/25 fiscal year to the SAB for the same purposes. Funds Impacted ● Potential General Fund appropriation in the amount of $550 million for the 2024/2025 fiscal year. Attached to this Notice is the specific regulatory language of the proposed regulations and three associ- ated forms along with the grant agreement master tem- plates.

The proposed regulations, the three associated forms and the grant agreement master templates will be accessible and can be viewed on OPSC’s website at: https://www.dgs.ca.gov/OPSC/Resources/Page– Content/Office–of–Public–School–Construction– Resources–List–Folder/Laws–and–Regulations , scroll down to “California Preschool, Transitional Kindergarten and Full–Day Kindergarten Facilities Grant Program, FDK Pending Regulatory Changes.” Copies of the proposed regulations and the three as - sociated forms along with the grant agreement master templates will be mailed to any person requesting this information by using OPSC’s contact information set forth below in this Notice.

The proposed regulations implement the Program’s Regulations under the Cal - ifornia Code of Regulations, Title 2,

Chapter 3, Sub -

chapter 4, Group 1, State Allocation Board, Subgroup 5.8, Regulations relating to the California Preschool, Transitional Kindergarten and Full–Day Kindergarten Facilities Grant Program. Background and Problem Being Resolved As mentioned above, AB 1808,

Chapter 32, Statutes of 2018 [Committee on Budget. Education Finance: education omnibus trailer bill] was originally signed

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 224 by the Governor on June 27, 2018 and included a one– time General Fund appropriation in the amount of $100 million for the sole purpose of providing full– day kindergarten classrooms. On July 1, 2019, the Governor signed Senate Bill (SB) 75,

Chapter 51, Stat- utes of 2019, into law [the Education Finance: Educa- tion Omnibus Trailer Bill]. This bill appropriated an additional $300 million from the General Fund to the SAB for the 2019/20 fiscal year. School districts that wished to convert part–day kindergarten programs to full–day kindergarten programs, and for those school districts lacking the facilities to provide full–day kin - dergarten instruction could apply for these one–time grants to construct new school facilities or retrofit ex - isting school facilities. On June 29, 2020, the Gover - nor signed SB 98,

Chapter 24, Statutes of 2020, which rescinded the $300 million in additional program funding previously appropriated in SB 75 but main - tained Program provisions such as the local matching share for school districts that were converting from a part–day program to a full–day program and allowed school districts to retain project savings. AB 130,

Chapter 44, Statutes of 2021, provided $490 million from the General Fund for the 2021/22 fiscal year to the SAB to provide one–time grants. School districts that lacked the facilities to provide full–day California preschool, full–day transitional kindergarten, and/or full–day kindergarten programs could apply for these one–time grants to construct new school facilities and retrofit existing school facilities. AB 181,

Chapter 52, Statutes of 2022, provided $100 million in the 2022/23 fiscal year to the SAB to continue providing one–time grants for the construction of new school facilities and the retrofitting of existing school facilities for pre - school, transitional kindergarten, and kindergarten pupils in full–day programs. The bill also expanded the Program to allow California community colleges to apply for one–time grants for preschool classrooms provided they meet the eligibility criteria.

It is the Legislature’s intent to appropriate an additional $550 million from the General Fund in the 2024/25 fiscal year for the same one–time purposes. The problem being resolved is the Program’s cur - rent fund release and project completion timelines and requirements. These have remained unchanged since the inception of the Program in 2018.

However, un - der the expanded Program, which allowed for funding of facilities to support existing or expand programs for California preschool students and transitional kin - dergarten students, school district projects funded in the third and fourth funding rounds experienced more complexities than the projects funded during the first and second funding rounds. The expansion of the grade levels that the Program serves have resulted in projects generally becoming larger and more complex.

School districts continue to face lingering impacts on construction timelines and access to materials, due in part to the COVID–19 pandemic. In addition, school districts who opted for modular construction to meet Program deadlines were also impacted by the imple - mentation of changes to the California Building and Energy Code at the beginning of the year because the code updates, while regularly occurring, do require updated approvals for modular designs, which length- en the design and approval timeframes.

In addition to these issues, four appeal requests have been submitted by school districts with projects Apportioned during the third funding round and are requesting a 12– month extension to the fund release deadline. Other school districts with Apportioned third funding round applications have communicated similar concerns to OPSC.

The proposed amendments allow for extended fund release and project completion deadlines to be ap - plied to applications Apportioned in the third funding round that were received from April 1, 2022 through April 30, 2022, and to applications Apportioned in the fourth funding round that were received from Febru - ary 1, 2023 through March 2, 2023. These extended deadlines will apply to future funding rounds.

By pro- viding additional time for school districts to meet full fund release and project completion requirements it will help school districts meet deadlines for the larg - er and more complicated projects under the Program. Extending these deadlines may also enable school districts to choose permanent construction because school districts will have more time to design and complete the projects.

These extended deadlines align the Program with the timelines used for School Facil - ity Program projects wherein school districts have 18 months to show substantial progress on its project and have a project completion deadline of three years for elementary school projects. OPSC performed a search on whether the proposed regulatory amendments are consistent and compatible with existing State laws and regulations. After per - forming the search, OPSC, on behalf of the SAB, has determined that Senate Bill 114,

Chapter 48, Statutes of 2023, [the Education Finance: Education Omnibus Budget Trailer Bill], was created to provide clarity to the existing Program. There are no other programs or regulations in existence that provide one–time grants to school districts, or include California community colleges, for the purposes of constructing new school facilities or retrofitting existing school facilities in or- der to house full–day California preschool, full–day transitional kindergarten and full–day kindergarten programs.

The proposed regulatory amendments are determined to be consistent and compatible with ex - isting State laws and regulations. Therefore, proceed - ing with the implementation of the proposed regula - tory amendments, the three associated forms and the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 225 grant agreement master templates will enhance appli - cants’ awareness when partnering with the State and will help to maintain Program integrity. Anticipated Benefits of the Proposed Regulations There are benefits associated with the proposed amendments. School districts will benefit because of the extended fund release and project completion deadlines to be applied to the third, fourth and fu - ture funding rounds.

By providing additional time for school districts to meet full fund release and project completion requirements it will help school districts meet deadlines for the larger and more complicated projects under the Program. Extending these dead - lines may also enable school districts to choose per - manent construction because school districts will have more time to design and complete the projects.

These extended deadlines align the Program with the time - lines used for School Facility Program projects where- in school districts have 18 months to show substantial progress on its project and have a project completion deadline of three years for elementary school projects.

Additionally, the State of California will benefit from the proposed regulations as the regulations may gen - erate the need for school construction–related indus - tries to expand their businesses, or in some cases may create new businesses, based on the demand on these industries when general fund dollars are released to school districts, county offices of education, and com- munity colleges to complete their projects.

The proposed regulations promote fairness and/or social equity by extending the deadlines for the full fund release and project completion requirements for those school districts, county offices of education, and/ or California community colleges that continue to face lingering impacts on construction timelines and ac - cess to materials, due in part to the COVID–19 pan - demic, and may have larger and more complex Cali - fornia preschool, transitional kindergarten and full– day kindergarten program projects.

The proposed regulations, the three associated forms and the grant agreement master templates will not have a negative impact to various business, manu- facturing, and construction–related industries such as architecture, engineering, trades and municipalities. In addition, the proposed regulations will not impact the creation of jobs, the creation of new businesses, and the expansion of businesses in California. It is not anticipated that the proposed regulations will result in the elimination of existing businesses or jobs within California.

Summary of the Proposed Regulatory Amendments A

summary of the proposed regulatory amend - ments, including the three associated forms and the grant agreement master templates, are as follows: Existing Regulation

Section 1860.2 represents a set of defined words and terms used exclusively for these regulations. These

definitions provide clarity to OPSC and school districts on program concepts and require - ments. Because there are proposed amendments on the Program’s three associated forms (SAB 70–01, SAB 70–02 and SAB 70–03) and the grant agreement mas- ter templates, the revision dates of these documents will change. Existing Regulation

Section 1860.3 sets forth gen - eral requirements that all school districts seeking pro - gram funding must meet. Specifically, participating school districts are required to complete and file with OPSC the Form SAB 70–01, Application for Funding, (which is incorporated by reference), and all required documents as identified in the Specific Instructions

section of the Form SAB 70–01. The proposed amend- ment in subsection (

c) aligns with statute, specifically Education Code

Section 17375(a)(4)(C). Existing Regulation

Section 1860.4 provides general funding guidelines for the program that apply to all ap- plicants that participate in the program. The proposed amendments extend the amount of time that Program funds shall be available for encumbrance or expendi - ture by the SAB [subsection (

b) for the 2021/22 Bud - get Act is June 30, 2027; subsection (

c) for the 2022/23 Budget Act is June 30, 2028; and subsection (

d) for the 2024/25 Budget Act is June 30, 2030]. The dates are in alignment with statute, specifically Education Code

Section 17375(a)(4)(

A) through

Section 17375(a)(4)(C). Existing Regulation

Section 1860.16 specifies the process in which funds will be released to school districts with SAB–approved applications. School districts that have none or only a portion of the sup - porting documents required for a full fund release, may indicate that they will need an advance for design or site acquisition. This advance of funds will help school districts move forward with their projects. If a school district is doing a new construction project with an advance release of funding, then they will re - ceive 40 percent of the new construction base grant.

If a school district is applying for a retrofit project, and they have none or only a portion of appropriate supporting documentation then they may apply for an advance release of funding of 25 percent of the base grant. These percentages are identical to those in the SFP Regulations for standard new construction and modernization projects. School districts were required to submit a fund release request after entering into binding contracts for 100 percent of the project within 180 days from Apportionment if an advance release of funding was not requested.

The proposed amendments provide for up to 18 months and only requires school districts to enter into binding agreements for at least 90 percent of the building construction activities for the project. This aligns with the requirement outlined in SFP Regulation

Section 1859.105(a)(2). In addition, school districts unable to meet the 18–month deadline

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 226 may submit in writing other evidence satisfactory to the SAB beyond the control of the district that pre - cludes the submittal of required documents. This will allow school districts additional time to submit valid plan approvals and the Form SAB 70–02; however, in no circumstances shall the time be extended more than three years from Apportionment as specified in Program Regulation

Section 1860.18. Existing Regulation

Section 1860.18 sets forth re - porting requirements that school districts receiving program funding must meet. A school district that has received funds in accordance with the program must submit an expenditure report at the completion of the project. School districts must submit a valid Form SAB 70–03, Expenditure Report. The proposed amendments provide additional time and will help school districts meet project completion requirements and deadlines for larger and more complicated proj - ects under the Program.

Extending these deadlines may also enable school districts to choose permanent construction because school districts will have more time to design and complete projects. The lengthened deadline better aligns the Program with the timeline used for SFP projects by which school districts have a project completion deadline of three years for elemen- tary school projects. Existing Form SAB 70–01, Application for Fund - ing, (which is incorporated by reference) is used by school districts to apply for program funding.

The form also serves as a certification from the district regarding compliance with requirements of the law and Program Regulations. School districts must sub - mit this form during the funding rounds described in Regulation

Section 1860.6. OPSC will use this form in order to collect the information necessary to cal - culate the amount of grants applicable to the project and to determine project funding order. The proposed amendments: 1) page 1, under “Specific Instructions,” third line: a comma was added after (DSA) because it is part of a list; and 2) page 5, under “Certification,” second and third bullets from the bottom of the form: this language was added for consistency purposes and to align with the fund release process outlined in Pro - gram Regulation

Section 1860.16. Existing Form SAB 70–02, Fund Release Authori - zation, (which is incorporated by reference) is used by school districts to request the release of funds when projects have received an apportionment by the SAB. The applicant will certify on this form that it has al - ready submitted the signed grant agreement, or the signed grant agreement is accompanying the Form SAB 70–02. After a Program apportionment has been made by the SAB, OPSC will release the apportioned funds once the school district completes and submits this form to OPSC.

School districts who receive grants without an advance release of funds must submit this form with all required approvals within 180 days of apportionment. School districts who receive grants with an advance release of funds must then submit this form with all required approvals within 12 months of apportionment. The proposed amendments on page 1, under “Specific Instructions” and page 2, under “Part 2. New Construction/Retrofit,” second box: this lan - guage was added for consistency purposes and to align with the fund release process set forth in Program Regulation

Section 1860.16(d)(2). In addition, school districts who receive grants with an advance release of funds must then submit this form with all required approvals within 18 months of the first apportionment. Existing Form SAB 70–03, Expenditure Report, (which is incorporated by reference) is used by school districts to report their project savings and unexpend - ed funds. Expenditure reports must be submitted within one year of final fund release or at the com - pletion of the Program project. A final savings report must be submitted within one year of the completion of the project.

Financial hardship projects must sub - mit their unexpended funds at the completion of their project. OPSC will use the information provided on this form to ensure that expenditures made by the school districts for Program projects comply with stat- ute and other applicable State requirements pertaining to construction. The proposed amendments on page 1 under “Instructions” at the top of the form: this lan - guage was added to make school districts aware of the Program’s reporting requirements and when to submit the form. This language reiterates and aligns with Pro- gram Regulation

Section 1860.18. The existing Grant Agreement templates (which is incorporated by reference) includes sections rele - vant to the Program for new construction and retrofit funding. It is the intent that the grant agreement will be entered into for every future funding application that is processed; therefore, each grant agreement will contain the relevant project information.

The grant agreements serve as binding documents and key re - sources that define the responsibilities of the state and school districts from the determination of the amount eligible state funding to the reporting of all project funds, including any savings achieved. This will en - sure greater transparency and accountability for the program grants being awarded under the Program.

The Grant Agreement templates also incorporate the submittal of annual expenditure reports, and the abili - ty for financial hardship districts to retain savings and the retention of savings, including the interest on State funds, may be expended on professional development or instructional materials to build capacity for the im - plementation of a California state preschool program, transitional kindergarten program, or a full–day kin - dergarten program. The proposed amendments on pages 8 and 9 incorporate the regulatory references

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 227 that align with the fund release process as set forth in Program Regulation

Section 1860.18. After conducting a review, the SAB has concluded that these are the only regulations on this subject area (construction of and/or retrofit of existing school facil- ities for the sole purpose of providing preschool, tran- sitional kindergarten and kindergarten classrooms), and therefore, the proposed regulations are neither inconsistent nor incompatible with existing State laws and regulations. The proposed regulations are within the SAB’s authority to enact regulations for the Pro - gram under Education Code

Section 17375(

h) and Government Code

Section 15503. Statutory Authority and Implementation Education Code

Section 17375(h). The State Al - location Board may adopt regulations to implement this section. Any regulations adopted pursuant to this

section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of the Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Government Code

Section 15503. Whenever the board is required to make allocations or apportion - ments under this part, it shall prescribe rules and reg - ulations for the administration of, and not inconsistent with, the act making the appropriation of funds to be allocated or apportioned. The board shall require the procedure, forms, and the submission of any infor - mation it may deem necessary or appropriate. Unless otherwise provided in the appropriation act, the board may require that applications for allocations or appor- tionments be submitted to it for approval. Determination of Inconsistency or Incompatibility with Existing State Regulations As mentioned above, AB 1808,

Chapter 32, Statutes of 2018 [Committee on Budget. Education Finance: education omnibus trailer bill] was originally signed by the Governor on June 27, 2018 and included a one– time General Fund appropriation in the amount of $100 million for the sole purpose of providing full– day kindergarten classrooms. On July 1, 2019, the Governor signed Senate Bill (SB) 75,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 228 applications have communicated similar concerns to OPSC. The proposed amendments allow for extended fund release and project completion deadlines to be ap - plied to applications Apportioned in the third funding round that were received from April 1, 2022 through April 30, 2022, and to applications Apportioned in the fourth funding round that were received from Febru - ary 1, 2023 through March 2, 2023. These extended deadlines will apply to future funding rounds.

These extended deadlines align the Program with the timelines used for School Fa - cility Program projects wherein school districts have 18 months to show substantial progress on its project and have a project completion deadline of three years for elementary school projects. This will ensure a pru- dent use of general fund dollars and integrity of school projects. OPSC performed a search on whether the proposed regulatory amendments are consistent and compat - ible with existing State laws and regulations.

After performing the search, OPSC, on behalf of the SAB, has determined that there are no other programs or regulations in existence that provide one–time grants to school districts, or include California community colleges, for the purposes of constructing new school facilities or retrofitting existing school facilities in or- der to house full–day California preschool, full–day transitional kindergarten and full–day kindergarten programs. Therefore, the proposed regulatory amend - ments are determined to be consistent and compatible with existing State laws and regulations.

Proceeding with the implementation of the proposed regulatory amendments, the three associated forms, and the grant agreement master templates will enhance applicants’ awareness when partnering with the State and will help to maintain Program integrity. This will also ensure program oversight and expenditure accountability. Forms Incorporated by Reference ● Form SAB 70–01, Application for Funding, (Rev. 09/223), which is incorporated by reference and referenced in Regulation

Section 1860.2 ● Form SAB 70–02, Fund Release Authorization, (Rev. 01/22 09/23), which is incorporated by ref - erence and referenced in Regulation

Section 1860.2 ● Form SAB 70–03, Expenditure Report, (Rev. 09/223), which is incorporated by reference and referenced in Regulation

Section 1860.2 ● Grant Agreement, (Rev. 01/22 09/23), which is in- corporated by reference and referenced in Regu - lation

Section 1860.2 IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Executive Officer of the SAB has determined that the proposed regulations, along with three associ- ated forms and the grant agreement master templates, do not impose a mandate or a mandate requiring reim- bursement by the State pursuant to

Part 7 (commenc - ing with

Section 17500) of Division 4 of the Govern - ment Code. It will not require local agencies or school districts to incur additional costs in order to comply with the proposed regulations.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Executive Officer of the SAB has made the fol- lowing initial determinations relative to the required statutory categories: ● The SAB has made an initial determination that there will be no significant, statewide adverse economic impact directly affecting business, in - cluding the ability of California businesses to compete with businesses in other states. ● The SAB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● There will be no non–discretionary costs or sav - ings to local agencies. ● The proposed regulations create no costs to any local agency or school district requiring reim - bursement pursuant to

Section 17500 et seq., or beyond those required by law, except for the re - quired district contribution toward each project as stipulated in statute. ● There will be no costs or savings in federal fund- ing to the State. ● The proposed regulations create no costs or sav - ings to any State agency beyond those required by law. ● The SAB has made an initial determination that there will be no impact on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 229 RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact to Businesses and Jobs in California The proposed regulations, the three associated forms, and the grant agreement master templates will not have a negative impact to various business, manu- facturing, and construction–related industries such as architecture, engineering, trades and municipalities. In addition, the proposed regulations will not nega - tively impact the creation of jobs, the creation of new businesses, and the expansion of businesses in Califor- nia.

It is not anticipated that the proposed regulations will result in the elimination of existing businesses or jobs within California.

Benefits to Public Health and Welfare, Worker’s Safety, and the State’s Environment ● The proposed regulations promote fairness and/ or social equity by extending the deadlines for the full fund release and project completion require - ments for those school districts, county offices of education, and/or California community colleges that continue to face lingering impacts on con - struction timelines and access to materials, due in part to the COVID–19 pandemic, and may have larger and more complex California preschool, transitional kindergarten and full–day kindergar - ten program projects. ● The State of California will benefit because its in- ventory of school facilities will increase due to the expansion of the Program to include Califor - nia community colleges. ● There are benefits to health, safety, and welfare of California residents (school children and school faculty) because California preschool, transition - al kindergarten and kindergarten facilities would be built stronger and safer.

There are continued benefits to the health and welfare of California residents and worker safety. School districts uti - lize construction and trades employees to work on school construction projects and although the proposed regulations would not directly impact worker’s safety, existing law provides for the availability of a skilled labor force.

Further, pub - lic health and safety would be enhanced because a properly paid and trained workforce will build school construction projects that are higher qual - ity, structurally code–compliant and safer for use by pupils, staff, and other occupants on the site. ● There is no impact to the State’s environment from the proposed regulations. The SAB finds the proposed regulations fully con - sistent with the stated purposes and benefits.

EFFECT ON SMALL BUSINESSES It has been determined that the proposed regulations will not have a negative impact on small businesses in the ways identified in subsections (a)(1)–(4) of

Section 4, Title 1, CCR. The proposed regulations allow for extended fund release and project completion dead - lines so school districts can meet these deadlines for larger and more complex projects under the Program. SUBMISSION OF COMMENTS, DOCUMENTS AND ADDITIONAL INFORMATION Any interested person may present statements, ar - guments or contentions, in writing, submitted via U.S. mail, email or fax, relevant to the proposed regulato - ry action. Written comments submitted via U.S. mail, email or fax must be received at OPSC no later than April 15, 2024.

The express terms of the proposed reg- ulations as well as the Initial Statement of Reasons are available to the public.

Written comments, submitted via U.S. mail, email or fax, regarding the proposed regulatory action, re - quests for a copy of the proposed regulatory action or the Initial Statement of Reasons, and questions con - cerning the substance of the proposed regulatory ac - tion should be addressed to: Lisa Jones, Regulations Coordinator Mailing Address: Office of Public School Construction 707 Third Street, 4th Floor West Sacramento, CA 95605 Email Address: Lisa.Jones@dgs.ca.gov AGENCY CONTACT PERSONS General or substantive questions regarding this No - tice of Proposed Regulatory Action may be directed to Lisa Jones at (279) 946–8459.

If Ms. Jones is unavail- able, these questions may be directed to the backup contact person, Mr. Michael Watanabe, Deputy Exec- utive Officer, at (279) 946–8463. ADOPTION OF REGULATIONS Please note that, following the public comment pe - riod, the SAB may adopt the regulations substantially as proposed in this notice or with modifications, which are sufficiently related to the originally proposed text and notice of proposed regulatory activity.

If modifi - cations are made, the modified text with the changes clearly indicated will be made available to the public for at least 15 days prior to the date on which the SAB adopts the regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 230 The modified regulation(

s) will be made available and provided to: all persons who testified at and who submitted written comments at the public hearing, all persons who submitted written comments during the public comment period, and all persons who requested notification from the agency of the availability of such changes. Requests for copies of any modified regula - tions should be addressed to the agency’s regulation coordinator identified above. The SAB will accept written comments on the modified regulations during the 15–day period.

SUBSTANTIAL CHANGES WILL REQUIRE A NEW NOTICE If, after receiving comments, the SAB intends to adopt the regulations with modifications not suffi - ciently related to the original text, the modified text will not be adopted without complying anew with the notice requirements of the Administrative Procedure Act. RULEMAKING FILE Pursuant to Government Code

Section 11347.3, the SAB is maintaining a rulemaking file for the proposed regulatory action. The file currently contains: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout/underline. 2. A copy of this Notice. 3. A copy of the Initial Statement of Reasons for the proposed adoption. 4. The factual information upon which the SAB is relying in proposing the adoption. As data and other factual information, studies, re - ports or written comments are received they will be added to the rulemaking file.

The file is available for public inspection at OPSC during normal working hours.

Items 1 through 3 are also available on OPSC’s Internet Web site at: https://www.dgs.ca.gov/OPSC/ Resources/Page–Content/Office–of–Public–School– Construction–Resources–List–Folder/Laws–and– Regulations, scroll down to “California Preschool, Transitional Kindergarten and Full–Day Kindergar - ten Facilities Grant Program, then “California Pre - school, Transitional Kindergarten and FDK Pending Regulatory Changes” and click on the linked docu - ments, such as the 45–day Public Notice, the Initial Statement of Reasons, the proposed regulatory text, the three associated forms, and the grant agreement master templates.

ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the SAB must determine that no rea - sonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro - posed action, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law. No alternatives were considered. Statute requires the implementation of this Program through regulations.

If no regulations, the SAB would be in violation of the statute. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be made available and copies may be requested from the agency’s regulation coordinator named in this notice or may be accessed on the website listed above. TITLE 2. STATE CONTROLLER’S OFFICE NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the (State Con- troller’s Office), pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A com - ment period has been established commencing on March 1, 2024 and closing on April 15, 2024. All in- quiries should be directed to the contact listed below. The (State Controller’s Office) proposes to amend its conflict–of–interest code to include employee po - sitions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: ● Addition of several classifications ● Renaming of several classifications ● Renaming of several Division Titles ● Please see attached for specifics 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 April 15, 2024, or at the con -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 231 clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than April 1, 2024. The State Controller’s Office has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 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: Anisha Simmons–Marshall, Labor Re- lations Specialist, (916) 322–6204 and asimmons@ sco.ca.gov. TITLE 5.

CRADLE-TO-CAREER DATA SYSTEM NOTICE OF INTENTION TO ADOPT A CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Cradle–to– Career Data System, pursuant to the authority vest - ed in it by

section 87300 of the Government Code, proposes to adopt its Conflict–of–Interest Code. A comment period has been established commencing on March 1, 2024, and closing on April 16, 2024. The Cradle–to–Career Data System proposes to adopt its Conflict–of–Interest Code to include employ- ee positions that involve the making or participation 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 Government Code. Copies of the proposed code are available and may be requested from the Contact Person set forth below. A written explanation of why each position was selected and the reasons for the disclosure categories is available. The Cradle–to–Career Data System, pursuant to Education Code

section 10860, et seq, is responsible for establishing and managing a longitudinal data system that will assist policymakers, researchers, and residents of California in identifying career pathways for Californians. Any interested person may submit written state - ments, arguments, or comments relating to the pro - posed code by submitting them in writing no later than April 16, 2024, or at the conclusion of the public hearing, if requested, whichever comes later, to the Contact Person set forth below. At this time, no public hearing has been scheduled concerning the proposed amendments.

If any inter - ested person or the person’s representative requests a public hearing, he or she must do so no later than March 31, 2024, by contacting the Contact Person set forth below. The Cradle–to–Career Data System has determined that the proposed code: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 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 should be directed to: Arti Wasu Cradle–to–Career Data System 400 R Street, Suite 300 Sacramento, CA 95814 Arti.Wasu@c2c.ca.gov (916) 323–2324 TITLE 5.

COMMISSION ON TEACHER CREDENTIALING PROPOSED AMENDMENTS TO CALIFORNIA CODE OF REGULATIONS, TITLE 5, PERTAINING TO FOREIGN TRANSCRIPT EVALUATING AGENCIES The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the added text underlined and the deleted text lined out. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 232 a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed action by fax, through the mail, or by email. The written comment period closes on April 15, 2024. Comments must be received by that time or may be submitted at the public hearing, should one be requested.

Interested parties may fax their response to (916) 327–3165; write to the Commission on Teacher Credentialing, Attention: Mika Laidler–Rubio, Com - mission on Teacher Credentialing, 1900 Capitol Ave - nue, Sacramento, California 95811; or submit an email to Mika.Laidler–Rubio@ctc.ca.gov. Alternatively, contact Sandra.Burwick@ctc.ca.gov.

Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission at the hearing. AUTHORITY Education Code

section 44225(

q) authorizes the Commission to adopt the proposed regulations and amendments. REFERENCE Education Code sections 44227 and 44252. INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Effect of the Proposed Action Pursuant to Title 5,

section 80457, individuals that complete college coursework or degree programs at an institution outside of the United States are required to obtain an evaluation of their foreign education to iden- tify its comparability and equivalence to California’s requirements and ensure equity in preparation of ed - ucators. Current regulations allow outside agencies to be approved as foreign transcript evaluating agencies by the Commission based on specific criteria.

These criteria, identified in The Criteria for Agencies Seek - ing Approval to Review Foreign Academic Programs for Equivalency to United States Standards, January 1, 1996 edition, must be met in order for an evaluating agency’s determination to be accepted for certification in California. However, these criteria are nearly three decades old and require both evaluating agencies and the Commission to spend a significant amount of ef - fort to complete the approval process.

The regulation proposed in this rulemaking ac - tion would remove the criteria from 1996 and require that an evaluating agency be a member of either Na - tional Association of Credential Evaluation Services (NACES) or the Association of International Creden - tial Evaluators, Inc. (AICE), to be approved by the Commission as a foreign transcript evaluating agency.

Anticipated Benefits of the Proposed Regulations The broad objective of the regulation is to expand opportunities for evaluating agencies that may not have the capacity to gather and submit all the current criteria to be approved as a foreign transcript evaluat - ing agency. The specific benefits anticipated from the regulation are the promotion of fairness or social eq - uity for outside agencies seeking approval as foreign transcript evaluators and foreign applicants who will have more options when seeking foreign coursework evaluations for certification in California.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review of any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern foreign transcript evaluating agencies. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations. Mandate on local agencies or school districts: None.

Fiscal Impact Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed upon local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 233 Significant Statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. Cost Impacts on a Representative Private Person or Business: The Commission anticipates that there is an applica- tion fee for membership to AICE or NACES; however, this fee is set by AICE and NACES and is subject to change under their discretion.

The application process for membership to these organizations also requires a site visit of the main office, the cost of which must be paid by the applicant. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: The Commission concludes that it is unlikely that the proposal will (1) eliminate any jobs, (2) create any new businesses, or (3) eliminate any existing business- es or result in the expansion of businesses currently doing business within the state. However, it is likely that the proposed amendments will create jobs with - in the State of California. The proposed amendments pertain to evaluating agencies seeking to evaluate foreign transcripts for candidates obtaining certifica - tion in California.

It is possible that evaluating agen - cies will need to create positions once they meet all requirements stated in the proposed amendments and are approved to evaluate foreign transcripts. However, evaluating agencies could add these new duties to ex - isting positions. The proposed regulation will benefit outside agen - cies seeking approval as foreign transcript evaluators. By removing the strict, laborious criteria from 1996 and replacing it with membership with one of the two renowned associations, the process for evaluating agencies to seek approval from the Commission will be faster and more reliable.

This proposed change will expand opportunities for evaluating agencies that may not have the capacity to gather and submit all the cur - rent criteria and will provide foreign applicants with more options when seeking foreign coursework evalu- ations for certification in California. Small Business Determination The proposed regulations will not affect small busi- nesses. These regulations establish procedures that only state agencies must follow. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Commission invites interested persons to pres - ent statements or arguments with respect to alterna - tives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Mika Laidler–Rubio Commission on Teacher Credentialing 1900 Capitol Avenue, Sacramento, CA 95811 Phone: (916) 327–8697 Email: Mika.Laidler–Rubio@ctc.ca.gov The backup contact person for these inquiries is: Sandra Burwick Commission on Teacher Credentialing 1900 Capitol Avenue, Sacramento, CA 95811 Phone: (916) 445–0473 Email: Sandra.Burwick@ctc.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Commission will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at the Commission office at the above address.

As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Action, the proposed text of regulations, the Initial Statement of Reasons, and the STD. 399. Please direct requests to inspect or copy the rulemaking file to the backup contact person listed above, Sandra Burwick. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Commission may adopt the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 234 regulations substantially as described in this notice. If the Commission makes modifications that are suf - ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 days be - fore adopting the regulations as revised. Please direct requests for copies of any modified regulations to the contact person(

s) listed above. If substantive modifi - cations are made, the Commission will accept written comments on the modified regulations for the duration of the period of public availability. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, the Commission will make copies of the Final Statement of Reasons available. Please direct requests for copies to the contact per - son(

s) listed above. 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 highlighted, as well as the Final Statement of Reasons, when completed, and modified text and notices thereof, if any, may be accessed via the Commission’s website at http://www.ctc.ca.gov/ notices/rulemaking.html.

GENERAL PUBLIC INTEREST AIR RESOURCES BOARD NOTICE OF POSTPONEMENT PUBLIC HEARING TO CONSIDER PROPOSED LOW CARBON FUEL STANDARD AMENDMENTS By notice dated December 19, 2023, the California Air Resources Board (CARB or Board) announced it would conduct a public hearing to consider proposed amendments to the Low Carbon Fuel Standard Regu - lation under Division 3,

Chapter 1, Subchapter 10, Ar- ticle 4, Subarticle 7 (Low Carbon Fuel Standard) under Title 17, California Code of Regulations. The hearing was scheduled for March 21, 2024, at 9:00 a.m., at the California Environmental Protection Agency, Califor- nia Air Resources Board, 1001 “I” Street, Byron Sher Auditorium, Second Floor, Sacramento, California. Please be advised that CARB will not hear this item at the March 21, 2024, hearing. The hearing on this item has thus been postponed to a future date and time.

A subsequent notice will follow in the future with more information, including the date, time, and location of the rescheduled hearing. The public com - ment period for this regulatory action, which began on January 5, 2024, and closed on February 20, 2024, will not be extended. California Air Resources Board /s/ Steven S. Cliff, Ph.D Executive Officer Date: February 14, 2024 The energy challenge facing California is real. Ev - ery Californian needs to take immediate action to re - duce energy consumption.

For a list of simple ways you can reduce demand and cut your energy costs, see CARB’s website (www.arb.ca.gov). FISH AND GAME COMMISSION NOTICE OF FINDINGS FOR INYO ROCK DAISY (LAPHAMIA INYOENSIS ) FEBRUARY 9, 2024 NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Fish and Game Commission (Commission), at a meeting on October 11–12, 2023, found pursuant to California Fish and Game Code

Section 2075.5, that the information contained in the petition to list the species Inyo rock daisy ( Laphamia inyoensis, syn - onym Perityle inyoensis) and other information in the record before the Commission, warrants adding Inyo rock daisy to the list of threatened species under the California Endangered Species Act (CESA; Fish and Game Code,

Section 2050 et seq.). (See also California Code of Regulations, Title 14,

Section 670.1, subsec - tion (i)) NOTICE IS ALSO GIVEN t h a t , a t i t s F e b r u- ary 14–15, 2024, meeting, the Commission adopt - ed the findings herein outlining the reasons for its determination. I. Background and Procedural History Petition History On February 2, 2022, Maria Jesus, the Center for Biological Diversity, and California Native Plant Soci- ety submitted a petition to the Commission to list Inyo rock daisy as threatened or endangered under CESA. The Commission reviewed the petition for complete - ness, and pursuant to

Section 2073 of the California Fish and Game Code, referred the petition to the Cali- fornia Department of Fish and Wildlife (Department) on February 14, 2022 for evaluation. The Commission gave public notice of receipt of the petition on Febru -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 235 ary 25, 2022 (California Regulatory Notice Register 2022, Number 8–Z, p.207). The Department trans - mitted to the Commission the Department’s petition evaluation on May 18, 2022 and, on June 15, 2022, the Commission publicly identified receipt of the De - partment’s petition evaluation as part of its meeting materials.

At its August 17, 2022 meeting, the Commission determined that listing may be warranted, and subse - quently provided notice regarding the Inyo rock dai - sy’s status as a candidate species (California Regula - tory Notice Register 2022, Number 35–Z, p. 1018). Status Review Overview The Commission’s action, designating Inyo rock daisy as a candidate species, triggered the Depart - ment’s process for conducting a status review to in - form the Commission’s decision on whether to list the species.

On July 18, 2023, the Department transmitted to the Commission the Department’s report to the Com- mission, Status Review for Inyo rock daisy (Laphamia inyoensis, synonym Perityle inyoensis) Report to the Fish and Game Commission, dated August 2023. The Commission publicly identified receipt of the De - partment’s status review report as part of the Com - mission’s August 22–23, 2023 meeting materials.

On October 11, 2023, the Commission found that the in - formation contained in the petition to list Inyo rock daisy and other information in the record before the Commission warranted listing Inyo rock daisy as a threatened species under CESA. Species Description Inyo rock daisy is a member of the sunflower family (Asteraceae). It is a subshrub with a woody stem at the base of the plant and many non–woody stems that die back seasonally.

Inyo rock daisy is typically 10–30 centimeters (3.9–11.8 inches) tall and has opposite or alternate leaves that are ovate (egg–shaped) to trian - gular or round, with serrate to serrate–lobed edges. The stems and leaves have many long, soft, spreading hairs that are generally less than 1.5 millimeters (0.06 inches) long, intermixed with short, glandular hairs. Inyo rock daisy is aromatic, with plants having a lem- ony, turpentine aroma that is especially notable when the leaves are crushed. Inyo rock daisy has only been documented to occur at the southern end of the Inyo Mountains in Inyo County, California. II.

Statutory and Legal Framework The Commission, as established by the California State Constitution, has exclusive statutory authority under California law to designate endangered, threat - ened, and candidate species under CESA (California Constitution,

Article IV,

Section 20, subdivision (b); Fish and Game Code

Section 2070). The CESA listing process for this species began in the present case with a petition submitted to the Commission. The regulato- ry and legal process that ensued is described in some detail in the preceding section, along with related ref - erences to the Fish and Game Code and controlling regulations. The CESA listing process generally is also described in some detail in published appellate case law in California, including: ● Natural Resources Defense Council v. Califor - nia Fish and Game Commission (1994) 28 Cal. App.4th 1104; ● Mountain Lion Foundation v.

California Fish and Game Commission (1997) 16 Cal.4th 105; ● California Forestry Association v. California Fish and Game Commission (2007) 156 Cal.App.4th 1535; ● Center for Biological Diversity v. California Fish and Game Commission (2008) 166 Cal.App.4th 597; ● Central Coast Forest Association v. California Fish and Game Commission (2017) 2 Cal.5th 594; ● Central Coast Forest Association v. Califor - nia Fish and Game Commission (2018) 18 Cal. App.5th 1191; and ● Almond Alliance of California v. California Fish and Game Commission (2022) 79 Cal.App.5th 337.

The “is warranted” determination stems from Com- mission obligations established by Fish and Game Code

Section 2075.5. Under the provision, the Com - mission is required to make one of two findings for a candidate species at the end of the CESA listing pro - cess; namely, whether listing a species is warranted or is not warranted. Here, the Commission made the finding under

Section 2075.5, subdivision (e)(2) that listing is warranted. The Commission was guided in making its determi- nations by statutory provisions and other controlling law. The Fish and Game Code, for example, defines an endangered species under CESA as “a native spe - cies or subspecies of a bird, mammal, fish, amphibian, reptile or plant which is in serious danger of becom - ing extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease” (Section 2062).

Similarly, the Fish and Game Code defines a threatened species under CESA as “a native species or subspecies of a bird, mammal, fish, amphibian, reptile or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foresee- able future in the absence of the special protection and management efforts required by this chapter” (Section 2067). The Commission also considered California Code of Regulations, Title 14,

Section 670.1, subsection

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 236 (i)(1)(A), in making its determination. The provision provides, in pertinent part, that the Commission will list the species or subspecies as endangered or threat - ened under CESA if the Commission determines that its continued existence is in serious danger or is threat- ened by any one or any combination of six factors: 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or 6. other natural occurrences or human–related activities. Fish and Game Code

Section 2070 provides simi - lar guidance, providing that the Commission shall add or remove species from the list of endangered and threatened species under CESA only upon receipt of sufficient scientific information that the action is war- ranted. Similarly, CESA provides that it is the policy of the state, not specific to the Commission per se, that all state agencies, boards, and commissions shall seek to conserve endangered and threatened species and shall utilize their authority in furtherance of the pur - poses of CESA (Fish and Game Code

Section 2055). The statutory guidance does not compel a particular determination by the Commission in the CESA list - ing context. Nevertheless, “ ‘[l]aws providing for the conservation of natural resources’ such as the CESA are of great remedial and public importance and thus should be construed liberally.” ( California Forestry Association v. California Fish and Game Commission, supra, 156 Cal.App.4th at pp. 1545–1546, citing San Bernardino Valley Audubon Society v.

City of Moreno Valley (1996) 44 Cal.App.4th 593, 601; Fish and Game Code sections 2051 and 2052.) Finally, in considering the six identified factors, CESA and controlling regulations require the Com - mission to actively seek and consider related input from the public and any interested party (see, e.g., Fish and Game Code, sections 2071, 2074.4 and 2078; Califor- nia Code of Regulations, Title 14,

Section 670.1, sub-

section (h)). The related notice obligations and public hearing opportunities before the Commission are also considerable (Fish and Game Code sections 2073.3, 2074, 2074.2, 2075, 2075.5 and 2078; California Code of Regulations, Title 14,

Section 670.1, subsection (c), (e), (

g) and (i); see also California Government Code

Section 11120 et seq.). The referenced obligations are in addition to the requirements prescribed for the De - partment in the CESA listing process, including an initial evaluation of the petition, a related recommen - dation regarding candidacy, and a review of the can - didate species’ status, culminating with a report and recommendation to the Commission as to whether listing is warranted based on the best available science (Fish and Game Code sections 2073.4, 2073.5, 2074.4 and 2074.6; California Code of Regulations, Title 14,

Section 670.1, subsections (d), (

f) and (h)). III.

Factual and Scientific Bases for the Commission’s Final Determination The factual and scientific bases for the Commis - sion’s determination that designating Inyo rock dai - sy as a threatened species under CESA is warranted are set forth in detail in the Commission’s record of proceedings, including the petition; the Department’s petition evaluation report; the Department’s status re - view report; written and oral comments received from members of the public, the regulated community, trib- al entities, and the scientific community; and other evidence included in the Commission’s record of pro- ceedings, which is incorporated herein by reference.

The Commission determines that the continued ex - istence of Inyo rock daisy in the state of California is in serious danger or threatened by one or a combi - nation of six factors as required by California Code of Regulations, Title 14,

Section 670.1, subsection (i)(1)(A): 1. Present or threatened modification or destruction of its habitat, 2. overexploitation, 3. predation, 4. competition, 5. disease, or 6. other natural occurrences or human–related activities. The Commission also determines that the informa - tion in the Commission’s record constitutes the best scientific information available and establishes that designating Inyo rock daisy as a threatened species under CESA is warranted.

Similarly, the Commission determines that Inyo rock daisy is likely to become an endangered species in the foreseeable future in the absence of the special protection and management ef - forts required by CESA. The items highlighted here and detailed in the fol - lowing threats

section represent only a portion of the complex issues aired and considered by the Commis - sion during the CESA listing process for Inyo rock daisy. Similarly, the issues addressed in these findings represent some, but not all, of the evidence, issues, and considerations affecting the Commission’s final deter- mination. Other issues aired before and considered by the Commission are addressed in detail in the record before the Commission. Background The Commission bases its “is warranted” finding for Inyo rock daisy most fundamentally on modifica - tion or destruction of habitat, competition, and other natural occurrences or human–related activities.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 237 Threats Inyo rock daisy is threatened due to: ● present or threatened modification or destruction of its habitat (see, e.g., Department’s status re - view report at pages 33–37 and 53, and references cited therein), ● competition (see, e.g., Department’s status review report at page 42–44 and 54, and references cited therein), and ● other natural occurrences or human–related ac - tivities.

In particular, natural occurrences or hu - man–related activities of significance include: – small population size (see, e.g., Depart - ment’s status review report at pages 37–38 and 55, and references cited therein), – climate change (see, e.g., Department’s sta - tus review report at pages 39–42 and 55, and references cited therein), and – alteration of fire regime due to invasive plants (see, e.g., Department’s status review report at pages 44–45 and 55, and references cited therein).

The Commission finds these factors to result in a significant threat to the continued existence of Inyo rock daisy as explained in the Department’s status re - view report. This finding and the Department’s expla- nation are supported by the whole of the record before the Commission. IV.

Final Determination by the Commission The Commission has weighed and evaluated the in- formation for and against designating Inyo rock daisy as a threatened or endangered species under CESA, including scientific and other general evidence in the petition; the Department’s petition evaluation report; the Department’s status review report; the Depart - ment’s related recommendations; written and oral comments received from members of the public, the regulated community, various public agencies, and the scientific community; and other evidence included in the Commission’s record of proceedings.

Based upon the evidence in the record, the Commis- sion has determined that the best scientific informa - tion available indicates the continued existence of Inyo rock daisy is in serious danger or threatened by mod - ification or destruction of the species’ habitat, compe- tition, or other natural occurrences or human–related activities, where such factors are considered individu- ally or in combination (see, generally, California Code of Regulations, Title 14,

Section 670.1, subsection (i)(1)(A); Fish and Game Code sections 2062 and 2067). The Commission determines that there is sufficient scientific information to indicate that designating Inyo rock daisy as a threatened species under CESA is war- ranted, and that, with adoption and publication of these findings, Inyo rock daisy shall be listed as threatened for purposes of its legal status under CESA. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD NOTICE OF PUBLIC MEETING AND BUSINESS MEETING Pursuant to Government Code

section 11346.4 and the provisions of Labor Code Sections 142.1, 142.2, 142.3, 142.4, and 144.6, the Occupational Safety and Health Standards Board (“Board”) of the State of Cal- ifornia has set the time and place for a Public Meeting and Business Meeting: PUBLIC MEETING On April 18, 2024, at 10:00 a.m. in the Council Chambers of the Gilroy City Hall 7351 Rosanna Street, Gilroy, California as well as via the following: ● Videoconference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Public Meeting, the Board will make time available to receive comments or proposals from in - terested persons on any item concerning occupational safety and health.

BUSINESS MEETING On April 18, 2024, at 10:00 a.m. in the Council Chambers of the Gilroy City Hall 7351 Rosanna Street, Gilroy, California as well as via the following: ● Videoconference at www.webex.com (meeting ID 1469 63 6425) ● Teleconference at (844) 992–4726 (Access code 1469 63 6425) ● Live video stream and audio stream (English and Spanish) at https://videobookcase.com/california/ oshsb/ At the Business Meeting, the Board will conduct its monthly business. DISABILITY ACCOMMODATION NOTICE: Disability accommodation is available upon request. Any person with a disability requiring an accommo -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 238 dation, auxiliary aid or service, or a modification of policies or procedures to ensure effective communi - cation and access to the public hearings/meetings of the Board should contact the Disability Accommoda - tion Coordinator at (916) 274–5721 or the state–wide Disability Accommodation Coordinator at 1 (866) 326–1616 (toll free). The state–wide Coordinator can also be reached through the California Relay Service, by dialing 711 or 1 (800) 735–2929 (TTY) or 1 (800) 855–3000 (TTY–Spanish).

Accommodations can include modifications of pol - icies or procedures or provision of auxiliary aids or services. Accommodations include, but are not limited to, an Assistive Listening System (ALS), a Computer– Aided Transcription System or Communication Ac - cess Realtime Translation (CART), a sign–language interpreter, documents in Braille, large print or on computer disk, and audio cassette recording. Accom - modation requests should be made as soon as possible. Requests for an ALS or CART should be made no lat- er than five (5) days before the hearing.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD DA VE THOMAS, Chairman PETITION DECISION STATE WATER RESOURCES CONTROL BOARD DECISION ON PETITION FOR RULEMAKING TO SET MINIMUM FLOWS ON THE SHASTA RIVER On January 17, 2024, the State Water Resources Control Board (State Water Board or Board) received a Petition to adopt, amend, or repeal a regulation, pursuant to Government Code

section 11340.6, from California Coastkeeper Alliance, Friends of the Shas - ta River, Mount Shasta Bioregional Ecology Center, Water Climate Trust, Shasta Waterkeeper, Save Cal - ifornia Salmon, and Environmental Protection Infor - mation Center (collectively, “Petitioners”). Petitioners request that the State Water Board com - mit to and initiate a rulemaking process to set mini - mum flows in the Shasta River.

They request that such a regulation include: (1) an explicit goal of recovering coho, Chinook, and steelhead in the Shasta River and its tributaries; (2) fishery restoration in the Shasta Riv- er; (3) adaptive management and periodic revisiting of the flow requirements established; (4) reporting re- quirements to better understand surface and ground - water use in the Shasta River watershed; and (5) that the regulation include both temperature and flow re - quirements at various key locations in the watershed and at various times, including for the Shasta Canyon, Little Shasta River, and Big Springs Complex.

In accordance with Government Code

Section 11340.7, subdivision (a), this document serves as the State Water Board’s response to the Petition. PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TO BE AFFECTED The Petition does not identify specific provisions in the California Code of Regulations that Petitioners are requesting to be adopted, amended, or repealed. Peti - tioners are requesting that the State Water Board adopt permanent flow requirements in the Shasta River wa - tershed. Previous and currently effective emergen - cy regulations setting and implementing emergency drought minimum flows in this watershed are found at California Code of Regulations, title 23,

article 23.5,

section 875 et seq. REFERENCE TO AUTHORITY TO TAKE THE REQUESTED ACTION The State Water Board’s authority to adopt regula - tions (Water Code, § 1058); broad authority to act re- garding the water resources of the state (Water Code, §§ 174, 186); authorities related to the prohibition and prevention of waste and unreasonable use of water or unreasonable method of diversion (Cal. Const,

article X, § 2; Water Code, § 100, 275, 1050; and the public trust doctrine (National Audubon Society v. Super. Ct. (1983) 33 Cal.3d 419). AGENCY DETERMINATION The Petition is denied. REASONS SUPPORTING THE AGENCY DETERMINATION The State Water Board remains committed to ad - dressing fishery flow constraints in the Shasta River watershed.

The Shasta River was identified as one of five priority rivers for anadromous fish across Califor- nia for “the State Water Resources Control Board and the Department of Fish and Wildlife [to] implement a suite of individual and coordinated administrative ef - forts to enhance flows statewide” under the 2014 Cal- ifornia Water Action Plan (Action 4, page 12).

In the period before receiving a flow recommendation from the California Department of Fish and Wildlife, the State Water Board has undertaken extensive develop - ment of hydrologic characterization models to better understand water supply, water demand, temperature,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 239 and instream flow in the Shasta River in support of long–term flow–setting. This work was slowed, but continues, during the State Water Board’s develop - ment and implementation of drought emergency reg - ulations setting drought emergency level instream flows in the Scott River and Shasta River watersheds. These models will assist in assessing the consequenc - es of recommended flows and alternatives thereto.

On August 15, 2023, the State Water Board held a public hearing regarding rulemaking in both the Scott River and Shasta River watersheds in response to a petition for long–term rulemaking on the Scott Riv - er filed by the Karuk Tribe, the Environmental Law Foundation, the Pacific Coast Federation of Fisher - men’s Associations, and the Institute for Fisheries Resources. At the conclusion of the hearing, the State Water Board directed staff in the Division of Water Rights to bring for consideration a proposed emergen- cy regulation regarding flows in both the Scott River and Shasta River watersheds.

This proposal was to be informed through redoubled engagement with experts and community members on the basis for and the im - plementation of a new drought emergency regulation in the region that expired on August 1, 2023. Addition- ally, the Board directed staff to identify options and initiate scientific work needed to achieve long–term flows in both the watersheds. Staff conducted a workshop on key areas of the ex - pired drought emergency regulation, held a series of listening sessions and meetings, and prepared a pre - liminary draft and draft of the proposed emergency regulation for public comment.

The Board adopted an emergency regulation setting baseline minimum flow requirements in the Scott and Shasta rivers on December 19, 2023 and it went into effect on February 1, 2024. The recently released California Salmon Strategy for a Hotter Drier Future identifies work to establish minimum instream flows in the Shasta and Scott riv - ers as a near–term priority action for both the Board and the California Department of Fish and Wildlife.

While the State Water Board remains committed to addressing flow constraints in the Shasta River Watershed, the Board declines at this point to initi - ate a formal rulemaking process that sets permanent minimum instream flows appropriate for species res - toration in various water year–types. The Board will continue working on flows in the Shasta River, but the Board has not determined whether a rulemaking pro - ceeding under

Part 1,

Chapter 3.5 of the Administra - tive Procedures Act (Government Code 11340 et seq) is the appropriate management mechanism. Other op - tions include a Policy for Water Quality Control under Division 7,

Chapter 3,

Article 3 (Water Code sections 13140 et seq.), a water rights proceeding, or some combination of these or other options.

The Board is continuing to: develop modeling capabilities regard - ing surface and groundwater interaction that would inform flow requirements and any related tempera - ture decisions; work closely with interested parties in the basin to develop appropriate implementation mechanisms — including voluntary actions and local cooperative solutions; consider existing information regarding flow needs in the watershed; and develop and support the development of other information necessary to inform appropriate flow–related require - ments and implementation measures.

Such work will be relevant to establishing flow requirements through whichever methods the Board determines to employ. DEPARTMENT CONTACT PERSON Please direct any inquiries regarding this action to: Marianna Aue, Staff Counsel IV Office of Chief Counsel State Water Resources Control Board 1001 “I” Street, 22nd Floor Sacramento, CA 94703 Marianna.aue@waterboards.ca.gov NOTICE TO INTERESTED PERSONS A copy of the Petition was posted on the State Water Board’s website on January 17, 2024 and sent to the State Water Board’s email list for emergency drought actions on the Scott and Shasta on January 26, 2024.

Any interested persons have the right to obtain a copy of the Petition that is the subject of this decision by sending a request to the State Water Board contact person listed in this notice. DATE OF DECISION February 16, 2024.

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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 240 Board of Education File # 2024–0117–02 Conflict–of–Interest Code This is a Conflict–of–Interest code filing that has been approved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and Printing only.

Title 05 Amend: 18600 Filed 02/21/2024 Effective 03/22/2024 Agency Contact: Kirin Gill (916) 319–0696 California Pollution Control Financing Authority File # 2024–0116–04 CA Investment and Innovation Program (CalIIP) This request from the California Pollution Control Financing Authority (“CPCFA”) that the Office of Administrative Law (“OAL”) file with the Secretary of State and print in the California Code of Regulations adopts regulations for the administration of the California Investment and Innovation Program (“Cal IIP”),

Article 7 (commencing with

Section 44558) of

Chapter 1 of Division 27 of the Health and Safety Code (“HSC”). Pursuant to HSC

section 44558.4(a), these regulations are exempt from the rulemaking require - ments of the Administrative Procedure Act (“APA”), provided that CPCFA has complied with HSC

section 44558.4(b). Title 04 Adopt: 8140, 8141, 8142, ,8143, 8144, 8145, 8146, 8147, 8148 Filed 02/21/2024 Effective 02/21/2024 Agency Contact: Andrea Gonzalez (916) 651–7284 Commission on Peace Officer Standards and Training File # 2024–0104–01 Regulation 1005 — Minimum Standards for Training (Section 100) In this action without regulatory effect, the Commission corrects a spelling error.

Title 11 Amend: 1005 Filed 02/14/2024 Agency Contact: Katelynn Poulos (916) 227–4894 Commission on Peace Officer Standards and Training File # 2024–0104–03 Employment Status Notifications This action without regulatory effect revises gram - mar and punctuation. Title 11 Amend: 1003 Filed 02/14/2024 Agency Contact: Katelynn Poulos (916) 227–4894 Division of Workers’ Compensation File # 2024–0104–04 Additional QME Panel Request This change without regulatory effect revises the “Additional Panel Request” form to remove an erro - neous artifact from a prior substantive rulemaking ac- tion (OAL no. 2015–0701–01S).

Title 08 Amend: 31.7 Filed 02/16/2024 Agency Contact: Karen Pak (510) 932–9286 California Energy Commission File # 2024–0105–01 Flexible Demand Appliances Standards In this rulemaking action, the California Energy Commission (CEC) adopts new regulations governing Flexible Demand Appliance Standards. CEC adopts

definitions, requirements, and enforcement provisions applicable to Flexible Demand Appliances generally and adopts

definitions, requirements, and standards specific to flexible demand pool controls.

Title 20 Adopt: 1690, 1690.1, 1691, 1692, 1693, 1694, 1695, 1696, 1697 Filed 02/20/2024 Effective 04/01/2024 Agency Contact: Corrine Fishman (916) 805–7452 Commission on Peace Officer Standards and Training File # 2024–0112–03 Amend Commission Regulations 1005, 1007, 1008 — LD 35 TTS In this regular rulemaking, the Commission on Peace Officer Standards and Training is amending Learning Domain #35 in the Training and Testing Specifications for Peace Officer Basic Courses to re - quire each student to participate in a learning activity wherein they are required to gain sight alignment uti - lizing primary sighting systems, as specified.

Title 11 Amend: 1005, 1007, 1008 Filed 02/20/2024 Effective 04/01/2024 Agency Contact: Jennifer Hardesty (916) 227–3917

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 9–Z 241 Department of Insurance File # 2024–0105–03 Medicare Supplement New or Innovative Benefits Insurance Code

section 10192.91(f)(1) permits an issuer of Medicare supplement policies or certificates in California to offer policies or certificates with new or innovative benefits, as specified. In this regular rulemaking, the Department of Insurance is adopting regulations prescribing the form, method, and fre - quency by which an issuer may offer new or innova - tive benefits to current and prospective policyholders and certificate holders.

Title 10 Adopt: 2220.59 Filed 02/20/2024 Effective 04/01/2024 Agency Contact: Lucas Young (415) 538–4352 Board of Pilot Commissioners File # 2024–0105–02 Pilot Fatigue Prevention Regulations This action by the Board of Pilot Commissioners amends and adopts regulations relating to the es - tablishment of adequate rest periods and policies to prevent pilot fatigue as required by Harbors and Navigation Code,

section 1196.5. Title 07 Adopt: 218.1 Amend: 202, 210, 214, 215, 220 Filed 02/20/2024 Effective 04/01/2024 Agency Contact: Allen Garfinkle (415) 397–2253 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.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 9
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	16cac6a3572a1f041cf417978f71fe1bc21b3a0a

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