Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 8-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 25, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–0215–09 ......................................... 169 AMENDMENT MULTI–COUNTY: Yuba Community College District TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Neonicotinoid Pesticide Exposure Protection — Notice File Number Z2022–0215–07 .......................... 170 TITLE 4.

HEALTH FACILITIES FINANCING AUTHORITY Community Services Infrastructure Grant Program — Notice File Number Z2022–0214–01 ..................... 176 TITLE 10. DEPARTMENT OF INSURANCE Mitigation in Rating Plans and Wildfire Risk Models — Notice File Number Z2022–0215–08 .................... 179 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Campus Law Enforcement Course, Commission Regulation 1081 — Notice File Number Z2022–0215–03 ................................................................. 185 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Peace Officer and Public Safety Dispatcher Background Investigations, Commission Regulations 1953 and 1959 — Notice File Number Z2022–0215–04 ............................. 187 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Inmate Credit Earning — Notice File Number Z2022–0215–10 ............................................ 189 TITLE 20. ENERGY COMMISSION Commercial and Industrial Fans and Blowers — Notice File Number Z2022–0215–01 ......................... 192 TITLE 20.

ENERGY COMMISSION Geothermal Delegation — Notice File Number Z2022–0215–02 ........................................... 197 (Continued on next page)

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

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

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Horse Creek Bridge Replacement Project, 2080–2022–003–01 Siskiyou County .......................................................... 202 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination for Elk River Sediment Remediation and Habitat Rehabilitation Implementation Pilot Project, 2080–2022–001–01 ................................... 202 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination for East Weaver Creek Dam Removal and Intake Relocation Project, Trinity County, 1653–2022–088–001–R1 ........................................ 204 FISH AND GAME COMMISSION Notice of Receipt of Petition to List Inyo Rock Daisy .................................................... 207 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice to Interested Parties, Chemical Listing of perfluorooctanoic acid Effective February 25, 2022 ........................................................................ 208

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 208

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 169 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vest - ed in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODE AMENDMENT MULTI–COUNTY: Yuba Community College District A written comment period has been established commencing on February 25, 2022, and closing on March 11, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacra - mento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) 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(s). Any written comments must be received no later than March 11, 2022. 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(

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. A VAILABILITY 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 170 Commission should be made to Daniel Vo, Fair Po - litical Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324–5660. TITLE 3. D EPARTMENT OF PESTICIDE REGULATION NEONICOTINOID PESTICIDE EXPOSURE PROTECTION DPR REGULATION NUMBER 22–001 As directed by Food and Agricultural Code (FAC)

section 12838, the Department of Pesticide Regulation (DPR) proposes to adopt 3 CCR sections 6990 through 6990.16 as control measures necessary to protect pol - linator health as identified in the “California Neon - icotinoid Risk Determination” (Risk Determination) and “Addendum to the July 2018 California Neonicoti- noid Risk Determination” (Addendum).

The proposed control measures would affect the pesticide regulato - ry program activities pertaining to pesticide use and enforcement by regulating certain production agri - cultural applications of pesticide products containing the nitroguanidine–substituted neonicotinoid active ingredients, clothianidin, dinotefuran, imidacloprid, and thiamethoxam (collectively referred to as neonic - otinoids). In

summary, the proposed control measures consist of application method and rate restrictions, ap- plication timing restrictions, and seasonal application rate caps for the four–neonicotinoid active ingredients and are specific based on crop group. WRITTEN COMMENT PERIOD Any interested person may submit comments in writing about the proposed action to the agency con - tact person named below. DPR will accept written comments that are submitted via U.S. mail and post - marked no later than April 26, 2022.

Comments re - garding this proposed action that are transmitted via e–mail to <dpr22001@cdpr.ca.gov> or by facsimile at 916–324–1491 must be received no later than 5:00 p.m. on April 26, 2022. PUBLIC HEARING A virtual public hearing has been scheduled for the time and place stated below to receive oral or written comments regarding the proposed changes. 1 A presen- 1 If you have special accommodation or language needs, please provide notice at least 10 business days before the public meeting by contacting the person named below.

TTY/TDD speech–to– speech users may dial 7–1–1 for the California Relay Service. tation on the proposed regulations will be given at 9:15 a.m. The hearing will commence at 9:30 a.m. DATE: M onday, April 25, 2022 TIME: 9 :30 a.m.

PLACE: Z oom (Virtual) Webinar ID: 868 4348 8418 Password: 213892 Direct link to join the meeting from a web browser or Zoom client: <https://us02web.zoom.us/j/86843488418?pwd= eGJBNEh5YlptYnN4akFieGlqR041QT09> One tap to join from a mobile phone: +16699009128,,86843488418#,,,,*213892# Or call from a landline: +1 669 900 9128 — and enter the Webinar ID and Password (above) when prompted The hearing will also be accessible via public web - cast for persons who would like to watch this hearing without participating.

The public webcast can be ac - cessed by visiting the following web address: <https:// video.calepa.ca.gov/#/> A DPR representative will preside at the hearing. Persons who wish to make comments orally during the hearing may raise their hand using the Zoom func- tions and make oral comments when called upon. Persons calling into the zoom meeting who wish to make a comment orally during the hearing may raise their hand by dialing *9 on their phone’s dial pad. This will indicate to DPR representatives that the person on the phone has raised their hand.

Generally, persons will be heard in the order in which they raised their hand. Participants will also be given instructions on how to provide oral comment once they have accessed the hearing. The hearing will continue on the date noted above until all testimony is submitted. DPR re - quests, but does not require, that persons who make oral comments at the hearing also submit a written copy of their testimony via e–mail. If persons experience technical difficulties during the hearing, persons may e–mail written comments to < dpr22001@cdpr.ca.gov>.

Comments received through this e–mail during the hearing will be read at the hearing. DPR will also accept written comments that are submitted via U.S. mail and postmarked on the the day of the hearing. If the number of persons in attendance warrants, the hearing officer may limit the time for each oral comment in order to allow ev - eryone wishing to speak the opportunity to be heard. Oral comments presented at a hearing carry no more weight than written comments.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 171 EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does affect small businesses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW DPR protects human health and the environment through the regulation of pesticide sales and use, and by fostering reduced–risk pest management.

DPR’s strict oversight begins with product evaluation and registration; and continues through continuous eval - uation, reevaluation and enforcement; statewide li - censing of commercial and private applicators and pest control businesses; environmental monitoring; and residue testing of fresh produce. This statutory scheme is set forth primarily in FAC Divisions 6 and 7. Pesticides are registered and licensed for sale and use with the U.S. Environmental Protection Agency (U.S. EPA) prior to California registration. DPR’s reg- istration evaluation is conducted in addition to U.S. EPA ’s evaluation.

Before a pesticide is registered, both agencies require data on a product’s toxicology and environmental fate to evaluate how it behaves in the environment; its effectiveness against target pests and the hazards it poses to non–target organisms; its effect on fish and wildlife; and its degree of risk to human health. DPR continues to evaluate pesticides after they are registered. DPR’s continuous evaluation program in - cludes evaluating potential adverse effects resulting from the use of registered pesticide products and if necessary, placing products into formal reevaluation.

In 2008, DPR received an adverse effects disclosure that showed potentially harmful effects of imidaclo - prid to pollinators. Studies of imidacloprid revealed high levels of the insecticide in leaves and blossoms of treated plants, as well as increasing residue levels over time. The residues were present at levels acutely toxic to honey bees, potentially threatening pollina - tor health.

After investigating the disclosures, DPR placed certain pesticide products containing imidaclo- prid and the related neonicotinoid active ingredients, thiamethoxam, clothianidin, and dinotefuran, into re - evaluation on February 27, 2009 to assess the magni - tude of their residues in the pollen and nectar of agri - cultural commodities and the corresponding levels of risk to honey bee colonies.

Certain products contain - ing clothianidin, dinotefuran, and/or thiamethoxam were included in the reevaluation as they are in the same chemical family as imidacloprid, and have sim - ilar properties and characteristics (e.g., soil mobility, half–lives, and toxicity to honey bees). This group of active ingredients are known as the nitroguanidine– substituted neonicotinoids, colloquially called neonicotinoids. DPR’s reevaluation included pesticide products la - beled for outdoor uses that would result in substantial exposure to honey bees.

Within the outdoor uses, DPR focused on gathering data on neonicotinoid pesticides used in the production of an agricultural food and feed commodity because they are commonly used at rel - atively high application rates, and are detrimental to pollinators. Production agricultural products are those used for the production for sale of an agricultural com- modity, which is defined in 3 CCR

section 6000. DPR evaluated risks to pollinators from neonicotinoid uses in agricultural food and feed commodities, including fruits, vegetables, grains, legumes, and fiber and oil - seed crops such as cotton. Trees grown for lumber and wood products, Christmas trees, ornamentals and cut flowers, and turf grown commercially for sod are also considered agricultural commodities under 3 CCR

section 6000. However, DPR did not evaluate risks to these commodities due to sufficient label mitigation or the lack of pollinator exposure (i.e., not attractive to bees, grown indoors, lower use rates) and widespread use. This rulemaking focuses on the use of neonicot - inoid pesticides in the production of an agricultural food or feed commodity. Neonicotinoids are systemic insecticides that are transported through the vascular system of plants to all tissues, including leaves, nectar, and pollen.

Neonicotinoid pesticides used for the pro - duction of agricultural food and feed commodities are labeled for soil, foliar, and seed treatment applications. Both foliar and soil applications of neonicotinoids pesticides have resulted in residues in both nectar and pollen at levels that may pose risk to bees. Applica - tions of neonicotinoid pesticides prior to bloom may still contaminate the pollen and nectar that bees forage on while visiting crops during the bloom period.

Thus, DPR assessed risks to pollinators from both soil and foliar applications of neonicotinoid pesticides made to agricultural food and feed commodities. Soil appli - cations are made directly to the soil,

whereas foliar applications are made to the leaves of the plant. These two application types have different directions for use on pesticide labels. Additionally, due to the system - ic nature of imidacloprid, dinotefuran, thiamethox - am, and clothianidin, both soil and foliar application methods result in uptake of the pesticide throughout the plant, but result in different pesticide residue levels over time. Therefore, DPR evaluated risks to pollina - tors independently for each application method and the resulting residues that would be expressed in a plant’s pollen and nectar.

Additionally, some neonico- tinoid pesticide labels allow use as a seed treatment on seeds grown for agricultural food and feed commodi - ties. Risks from residues in pollen and nectar of crops

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 172 from seed treatment applications were evaluated in the preliminary pollinator risk assessments published by U.S. EPA. The preliminary assessments concluded that seed treatment applications result in low neonic - otinoid residues in pollen and nectar and thus pose a low risk to honey bees; DPR concurred with this as - sessment in its Risk Determination. Therefore, seed treatment applications are not part of this rulemaking.

When a pesticide enters DPR’s reevaluation process, DPR scientists evaluate existing data and relevant new data not previously submitted to the department, to de- termine the nature and the extent of the potential haz - ard and to identify appropriate mitigation measures, if needed. As part of the neonicotinoid reevaluation, DPR required neonicotinoid pesticide registrants to provide additional data that would allow DPR scien - tists to conduct a scientific determination of risk.

Reg- istrants of the four active ingredients were required to provide, for each active ingredient, honey bee larval toxicity data and field–based residue studies of pol - len, nectar, and leaves from specific agricultural food and feed commodities. For field–based residue data re- quirements, DPR’s Pesticide Use Reporting database was used to determine the crops of focus for each ac - tive ingredient. In 2009, DPR informed the registrants of the four neonicotinoid pesticide active ingredients of the objectives and basic design of the residue studies that were required to be conducted.

Depending on the active ingredient, registrants were required to conduct trials on a minimum of three to eight commodities. For each commodity trial, the registrants were required to sample three agricultural sites with three different soil types over two consecutive years. In 2012, based on the results from the first few residue studies, DPR modified its residue study strategy to require that the neonicotinoids be applied to the crops using worst– case application scenarios (e.g., maximum seasonal la- bel application rate, minimum reapplication intervals, for two consecutive years).

In 2014, the California Legislature adopted Assem - bly Bill (AB) 1789 (Chapter 578, Statutes of 2014) re- quiring DPR to issue a determination with respect to its reevaluation of neonicotinoids by July 1, 2018, and adopt control measures necessary to protect pollinator health within two years after making the determina - tion (FAC

section 12838). In compliance with FAC

section 12838 and the leg- islative intent of AB 1789, DPR submitted the Risk Determination to the California Legislature in July 2018. In conducting the Risk Determination, DPR fol- lowed the methods established in “Guidance for As - sessing Pesticide Risks to Bees,” which compares the levels of neonicotinoid residues in nectar, pollen, and flowers of agricultural crops to concentrations that cause colony–level effects such as decreased colony strength and decreased stores of honey in honeycombs as described above. DPR’s Risk Determination relied on U.S.

EPA ’s preliminary pollinator risk assessments as a foundation and included additional data received by DPR after U.S. EPA ’s preliminary pollinator risk assessments were issued. In January 2019, DPR pub - lished an Addendum based upon additional submitted information. In the Risk Determination and Addendum, DPR found that certain agricultural applications of neonic - otinoids presented a hazard to honey bees. As required under FAC

section 12838, DPR’s proposed regulations are control measures, consistent with the risk deter - mination on neonicotinoids, that are necessary to pro - tect pollinator health. The proposed regulations would add restrictions to existing use of neonicotinoids, in - cluding restrictions on application rates, application timing, and seasonal application rate caps, to protect pollinator health. DPR proposes to adopt sections 6990 through 6990.16, as directed by FAC

section 12838, as control measures on the use of neonicotinoids to protect polli- nator health. Use of neonicotinoids under the proposed regulations will be more protective than existing laws and practice.

Section 6990(a)(1–6) establishes defini - tions for terminology used throughout the regulation for consistent

interpretation.

Section 6990(b)(1–16) establishes a list the crop groups and application types (foliar, soil, or both) that the proposed regulations ap - ply to.

Section 6990(c)(1–3) establishes applications that are not subject to these proposed regulations, in - cluding situations in which the Risk Determination has concluded that the risk to bees is minimal and emergency situations where use of neonicotinoids is needed to address the emergency pest situation. Sec - tion 6990(

d) establishes a legal presumption that the operator of the property intended to use managed pol- linators at the time of the pesticide application if at any point in time during the growing season, the operator of the property uses managed pollinators. Sections 6990.1–6990.16 establish restrictions on the use of ne- onicotinoids for the following specific crop groups:

(1) Berries and small fruits (Crop Groups 13 and 13–07)

(2) Bulb vegetables (Crop Group 3 and 3–7)

(3) Cereal grains (Crop Groups 15 and 16)

(4) Citrus fruit (Crop Groups 10 and 10–10)

(5) Cucurbit vegetables (Crop Group 9)

(6) Fruiting vegetables (Crop Groups 8 and 8–10)

(7) Herbs and spices (Crop Groups 19, 25, and 26)

(8) Leafy vegetables including brassica (cole) (Crop Groups 4, 4–16, 5, 5–16 and 22)

(9) Legume vegetables (Crop Groups 6 and 7)

(10) Oilseed (Crop Group 20)

(11) Pome fruits (Crop Groups 11 and 11–10)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 173

(12) Root and tuber vegetables (Crop Groups 1 and 2)

(13) Stone fruits (Crop Groups 12 and 12–12)

(14) Tree nuts (Crop Groups 14 and 14–12)

(15) Tropical and subtropical fruit, edible and inedible peel (Crop Groups 23 and 24)

(16) Coffee, peanuts, globe artichoke, mint, hops (fe - male plants only), and tobacco The proposed regulations incorporate a multi–level mitigation approach based on the relative attractive - ness of each crop to bees. The proposed regulations designate each of the crops listed above into one of three categories: (1) highly attractive to bees; (2) mod- erately attractive to bees; or (3) not attractive to bees or harvested before bloom.

In the proposed regula - tions, there are generally three types of restrictions proposed for each crop group: (1) prohibition of ap - plications during bloom, (2) a seasonal application cap, and (3) crop–specific application rate and timing restrictions based on available data. For crop groups that are highly attractive to bees, all three restriction types are applicable at all times. For crop groups that are moderately attractive to bees, restrictions 1 and 2 are always applicable.

However, the rate and timing restrictions (restriction 3) only apply when managed pollinators are brought into the field for pollination services. DPR also proposes exemptions from the pro- posed regulations for crops that are not attractive to bees or crops that are harvested before bloom. This multi–level mitigation approach offers higher levels of restriction when crops are expected to provide a large portion of the bees’ diet.

Additionally, the approach offers lower levels of restriction when crops are not expected to provide a significant portion of the bees’ diet, as the expected level of exposure will not pose a significant adverse risk to bees. Adoption of these proposed regulations will benefit the State’s environment by creating enforceable re - quirements that protect pollinator health, such as re - strictions on application rates and timing.

As stated above, according to information from DPR’s pesticide use report database and the California Department of Food and Agriculture’s (CDFA ’s) “Economic and pest management evaluation of proposed regulation of ni - troguanidine–substituted neonicotinoid insecticides: eight major California commodities,” dated July 2, 2021, DPR projects the proposed regulations will re - duce the amount of pounds of neonicotinoids applied and acres treated by 43% and 45%, respectively, from existing use.

During the process of developing these regulations, DPR conducted a search of any similar regulations on this topic and concluded that these proposed regula - tions are not inconsistent or incompatible with exist - ing state regulations. DPR is the only agency that has the authority to regulate the use of pesticides. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts.

DPR also determined that there are no costs to any local agency or school district requir - ing reimbursement pursuant to Government Code sec- tion 17500 et seq. There are no other nondiscretionary costs or savings imposed upon local agencies that are expected to result from the proposed regulation action. County agricultural commissioner (CAC) offices are the local government agencies responsible for enforc - ing pesticide regulations in California, including any changes to pesticide regulations such as the proposed regulations.

DPR establishes an annual work plan with the CACs, which already requires the CACs to con - duct pesticide use inspections and investigations and enforce compliance with California worker protection laws and regulations. CACs will continue to enforce regulations according to their work plan and should be able to accommodate for any cost within their exist - ing budgets and resources. Therefore, DPR anticipates that there will be no fiscal impact on these agencies. DPR does not expect any other local agencies to be affected by the proposed regulations, thus no fiscal im- pact on local agencies is expected.

COSTS OR SA VINGS TO STATE AGENCIES DPR determined that no savings or increased costs to any state agency will result from the proposed reg - ulatory action. DPR’s budget revenue is based on fees from the registration and sale of pesticide products, including neonicotinoids. The proposed regulations will not result in cancellation or prohibit the sale of any currently registered products. The proposed reg - ulations would, however, affect the amount of neon - icotinoids used, and in some cases, require growers to use alternative pesticide products.

DPR expects any possible losses in general retail sales of neonicotinoid products to be offset by additional sales of other insec- ticide products. The expected decrease is likely to be a small percentage of DPR’s overall mill assessment fee revenue and is likely to be offset by a small increase in sales of alternative pesticides. DPR anticipates that it will be able to absorb any difference within its existing budget and resources. Therefore, the proposed regula- tions are unlikely to have a fiscal impact on DPR.

DPR does not expect any other state agencies to be affected by the proposed regulations, and thus no fiscal impact on state agencies is expected.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 174 EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder - al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR made an initial determination that the pro - posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS DPR has made an initial determination that adop - tion of these proposed regulations will have a state - wide adverse economic impact directly affecting busi- nesses, including the ability of California businesses to compete with businesses in other states. While the proposed regulations will have a statewide economic impact, the impact will not be significant.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES In consultation with CDFA ’s Office of Pesticide Consultation and Analysis (OPCA), DPR has deter - mined that the adoption of these proposed regulations will have an insignificant cost impact on represen - tative private persons or businesses. As outlined be - low, DPR estimates the annual impact per grower to be $470. The proposed regulations will reduce the amount of neonicotinoids applied, and in some cases, require growers to use an alternative pesticide.

The impact of these changes is discussed in the economic impact assessment titled “Economic and pest manage- ment evaluation of proposed regulation of nitroguani - dine–substituted neonicotinoid insecticides: eight ma- jor California commodities.” This document is listed in the “Documents Relied Upon”

section of the initial statement of reasons and is available from DPR. The proposed regulations will primarily affect California growers who use the neonicotinoid active ingredients on the following eight crops: almonds, cherries, citrus, cotton, grapes, strawberries, tomatoes, and walnuts. The economic impact assessment estimates an annual impact of $12.2–13.3 million for these crops.

Growers who farm crops treated with the subject active ingre - dients can expect to see increases in operating costs associated with the treatment costs of replacing neon - icotinoids with alternative active ingredients that may result in minor reductions of gross revenues. Those re- ductions are not expected to result in noticeable shifts in crop selection. Based upon CDFA ’s economic impact assessment, DPR extrapolated the costs associated with eight crops to estimate the economic impact of the proposed regu- lations on all affected crops and use patterns.

This re - sulted in a total estimated annual direct economic cost of $15.2 to $16.6 million for all crops that would be affected by the proposed regulations. Using California Department of Finance’s guidance, DPR assumed in - direct cost to be equal to direct cost. That is, the total direct plus indirect costs were estimated as two times the direct cost. Using this assumption, DPR estimated that the annual combined direct plus indirect cost to all businesses impacted by the proposed regulations will be $30.3 to $33.3 million for all California busi - nesses.

The total combined statewide dollar costs that all businesses (including small business) are expect - ed to incur over the lifetime (5 years) of the proposed regulations is $151.6 to $166.3 million. DPR estimates that 70,500 growers will be affected by these require - ments. Therefore, the average annual cost of the reg - ulation for each affected grower is estimated as about $470 ($33.3 million/70,500 growers). In addition to the minor anticipated economic im - pacts, there are potential economic benefits to busi - nesses.

The proposed regulations are expected to re - sult in reduced pollinator exposure to neonicotinoids, and therefore, benefit pollinator health. Additionally, the proposed regulations may decrease overall polli - nator deaths, resulting in stronger bee colonies and potential financial benefits to beekeepers and growers. Today, more than 2.8 million managed honey bee col- onies in the U.S. pollinate crops worth an estimated $15 billion each year. Of these, over 1.1 million colo - nies are used in California.

Both natural and managed pollinators are a critical piece to California agricultur- al, thus, protecting pollinators has economic benefits for the industry. However, DPR is not able to quantify these scenarios. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR determined that the proposed action would not create or eliminate jobs or business - es in California because the neonicotinoid pesticide products can be used with restrictions.

In cases where neonicotinoid pesticide products can no longer be used, alternative pest management tools and practic - es exist. Pest management will be necessary regard - less of a decline in sales and use of pesticides subject to the proposed regulations, and thus the creation or elimination of jobs and businesses are not expected to be impacted. In addition, this proposal is unlikely to result in the expansion of businesses currently doing business within California because impacted growers

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 175 are not expected to contract with other businesses to comply with the regulation and current pesticide deal- ers will continue to sell the regulated chemicals as well as sell alternative chemical(s). Any new demand for pest control services would be spread out among the already existing pest control businesses in the state and would likely be handled with existing staff.

The Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The proposed regulations will benefit the State’s environment by creating en - forceable requirements that protect pollinator health.

The proposed regulations will reduce pollinator expo- sure of neonicotinoids resulting from certain agricul - tural uses by restricting applications on bee–attractive crops by limiting the application rates and timing, and establish seasonal application rate caps to ensure that residue levels in flowering crops are below the no ob- servable effects concentration identified in the Risk Determination. Implementation of the proposed regu - lations will not adversely affect the health and welfare of California residents or worker safety.

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

AUTHORITY This proposed regulatory action is taken pursuant to the authority vested by FAC sections 11456, 12838, and 12976. REFERENCE This proposed regulatory action is to implement, in- terpret, or make specific FAC sections 11501, 11708, 11733, 12824, 12825, and 14012. A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the proposal is based, and a rulemaking file.

A copy of the Initial Statement of Reasons and the proposed text of the regulation may be obtained from the agency contact person named in this notice. The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substan - tially the same as described in the Informative Digest.

If DPR does make substantial changes to the regula - tion, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod - ified text should be addressed to the agency contact person namedin this notice. DPR will accept written comments on any changes for 15 days after the modi - fied text is made available.

AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulation; and inquiries regarding the rulemaking file may be direct - ed to: Lauren Otani, Senior Environmental Scientist (Specialist) Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, California 95812–4015 916– 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Brittanie Clendenin, Environmental Scientist Department of Pesticide Regulation Pesticide Registration Branch 1001 I Street, P.O.

Box 4015 Sacramento, California 95812–4015 916–324–3896 This Notice of Proposed Action, the Initial Statement of Reasons, and the proposed text of the regulation are also available on DPR’s Internet Home Page < http:// www.cdpr.ca.gov>. Upon request, the documents can be made available in another language, or an alternate form as a disability–related accommodation.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 176 A VAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons mandated by Government Code sec- tion 11346.9(

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. TITLE 4. HEALTH FACILITIES FINANCING AUTHORITY The California Health Facilities Financing Author - ity (Authority or CHFFA) proposes to adopt the regu- lation amendments described below after considering all comments, objections and recommendations re - garding the proposed action. PUBLIC HEARING The Authority has not scheduled a public hearing on this proposed action.

However, the Authority will hold a hearing if it receives a written request for a public hearing from any interested person or his or her autho- rized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulatory action to the Authority. Comments may also be submitted by email at chffa@ treasurer.ca.gov. The written comment period closes at 5:00 p.m. (Pacific Time) on Wednesday, April 13, 2022.

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

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

Additionally, all information that the Authority considered as the basis for these proposed regulations is available for public reading/perusal at the address listed below. Following the public comment period, copies of the Final Statement of Reasons will be available from the office listed below: California Health Facilities Financing Authority 915 Capitol Mall, Room 435 Sacramento, CA 95814 Telephone: (916) 653–2799 Email: chffa@treasurer.ca.gov AUTHORITY AND REFERENCE CITATIONS The Authority adopts these regulations under the authority granted in

Section 5848.51 of the Welfare and Institutions Code and cites the following refer - ence:

Section 5848.51 of the Welfare and Institutions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was established in 1979 and operates pursuant to the California Health Facilities Financ - ing Authority Act in the Government Code Sections 15430–15463. Senate Bill 843, (Chapter 33, Statutes of 2016, Sec- tion 52), codified in Welfare and Institutions Code (WIC)

Section 5848.51, charged the Authority with the responsibility of developing regulations to estab - lish specific selection criteria for Grant awards, define eligible costs, and determine minimum and maximum Grant amounts for the purpose of expanding access to jail and prison diversion programs and services for: a. Individuals with mental health illness b. Individuals with substance use disorders c. Individuals experiencing trauma resulting from sex trafficking, domestic violence, and other vi - olent crimes d.

Creating or expanding mental health treatment, substance use disorder treatment, and trauma– centered service facilities in local communities e. Reducing the need for mental health and sub - stance use disorder treatments and trauma– centered services in jails and prisons. These regulations were submitted to the Office of Administrative Law (OAL) as emergency regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 177 The OAL approved the emergency regulatory action that became effective on November 26, 2018. The Cer- tificate of Compliance was completed and filed with the Secretary of State on October 3, 2019. The regulations now being proposed will redefine the term “Application” to (1) delete reference to the written Application, Form Number CHFFA 9 CSI–01 (09/2018), and (2) refer only to an online Application, Form Number CHFFA 9 CSI–01A (11/2021).

Other changes have been made to the regulations to delete procedures applicable to the submission of the written Application and establish the online Application as the only recognized Application for requesting Grant funds. No changes have been made to the information re - quested in the online Application. The formatting of the online Application appears different as “drop– down boxes” requesting specific information only ap- pear when the Applicant is required to provide such information based on specific factors, including but not limited to: 1. Is the Application for “Counties Applying Joint - ly”?

If so, additional information on the co– applicant(

s) such as county(ies) names, addresses, and contact information is required. 2. The written version of the Application, Form Number CHFFA 9 CSI–01 (09/2018) limited the narrative portion of the Application to 20 pages in 12–point font. The online Application does not contain any language limiting the narrative por - tion. The only limitation in the online Applica - tion is the

Summary Information. The “Project Brief

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

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

Regulatory amendments are currently in process to implement the online Application in the Investment in Mental Health Grant Program for Children and Youth, as CHFFA continues to convert all programs under its auspice to online Applications. DOCUMENT INCORPORATED BY REFERENCE Community Services Infrastructure Grant Pro - gram Application, Form Number CHFFA 9 CSI–01A (11/2021) STATEMENT OF NECESSITY

Section 7413 —

Definitions This

section provides

definitions for terms. The definition for subsection (b), “Application” is being amended to eliminate reference to the written Com - munity Services Infrastructure Grant Program Appli - cation, Form Number CHFFA 9 CSI–01 (09/2018). By definition, the term “Application” will refer to an on - line request for a Grant, referred to as the Community Services Infrastructure Grant Program Application, Form Number CHFFA 9 CSI 01A, (11/2021), which is being incorporated into the regulations by reference. Form Number CHFFA 9 CSI–01A will be the only ac- ceptable Application by which Applicants may request Grant funds.

Section 7416 — Grant Application This

section is being amended to remove refer - ence to the written request for a Grant, specifically, the Community Services Infrastructure Grant Pro - gram Application, Form Number CHFFA 9 CSI–01 (09/2018) as well as the procedures for submitting this form to the Authority. The proposed regulations reference only the online Application and provide Applicants with information, including but not limited to: (1) availability of the on- line Application; and (2) the Authority is not responsi- ble for transmittal delays/failures.

AN EVALUATION OF WHETHER OR NOT THE PROPOSED REGULATIONS ARE INCONSISTENT OR INCOMPATIBLE WITH EXISTING STATE REGULATIONS The Authority evaluated whether or not there were any other regulations concerning the use of an online Application. There is no other grant program that ex - ists solely to provide funds to counties or Counties Applying Jointly for the purposes of promoting di - version programs and services for community mental health treatment, substance use disorder treatment, and/or trauma–centered services that offer relevant al- ternatives to incarceration.

The proposed regulations are neither inconsistent nor incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 178 DESCRIPTION OF THE BENEFITS OF THE PROPOSED ACTION WHICH INCLUDES NONMONETARY BENEFITS SUCH AS PROTECTION OF THE PUBLIC HEALTH AND SAFETY, WORKER SAFETY, THE ENVIRONMENT, ETC. The regulations enacted as a result of Senate Bill 843, (Chapter 33, Statutes of 2016,

Section 52), cod - ified in Welfare and Institutions Code (WIC)

Section 5848.51, benefited California counties that provide jail and prison diversion treatment and services to Justice–Involved Individuals with mental illness - es, substance use disorders, and/or who are victims of trauma. The regulations provide a mechanism to fund equipment and capital projects to the facilities that house these programs. The treatment and services provided can potentially reduce the number of individ- uals, in California jails and prisons with mental health and substance use disorders and improve public safety because these individuals are receiving the proper and necessary care. The proposed regulations amend only two sections of the regulations,

Section 7413,

Definitions and Sec - tion 7416, Grant Application. The amendments are necessary to establish the online Application, Form Number CHFFA 9 CSI–01A (11/2021) as the only ac- ceptable Application by which counties and Counties Applying Jointly may request Grant funds from the Community Services Infrastructure Grant Program.

Section 7416, Grant Application is amended to correct the form number and revision date of the Application to coincide with “Application” as defined in

Section 7413 and amend subsection (

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

Section 7413(

e) that submit an Ap- plication together for a Project to deliver services) can collaborate in filling out the Application, by giving all parties access to the Application. 3. Provides an instant response that the Application has been submitted and does not necessitate fol - low ups to ensure that the Application has been received by the Authority in a timely manner. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon local agencies or school districts. There are no “state– mandated local costs” in these regulations which re - quire reimbursement under

Section 17500 et seq. of the Government Code. FISCAL IMPACT 1. Cost to Local Agencies or School District Which Must Be Reimbursed in Accordance with Gov - ernment Code Sections 17500–17630: None. 2. Cost or Savings to State Agencies: No impact. 3. Nondiscretionary Costs or Savings to Local Agencies: No impact. 4. Federal Funding to State Agencies: No impact. HOUSING COSTS The adoption of these regulations does not have any significant effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE CHFFA has not identified any significant statewide adverse economic impact directly affecting business, including the ability of California businesses to com - pete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The adoption of these regulations does not have an impact on the creation or elimination of jobs within the state. As a result of the adoption of these regu - lations, new businesses will not be created and cur - rent businesses will not be eliminated within the state.

The adoption of these regulations will not provide for the expansion of businesses currently doing business within the state. Additionally, neither benefits nor det- riments are expected to worker safety or the state’s environment due to the adoption of these regulations. The online Application will be the mechanism by which counties and Counties Applying Jointly may re- quest Grant funds in any future funding rounds.

Those counties and Counties Applying Jointly which are suc- cessful in securing Grant funds, will have the ability to directly impact the health and welfare of California residents, specifically Justice–Involved Individuals through diversion programs and mental health treat - ment, substance use disorder treatment, and trauma– centered services by increasing and expanding mental

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 179 health treatment facilities, substance use disorder fa - cilities, and trauma–centered service facilities. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The only entities that may apply for Grant funds under the Community Services Infrastructure Grant Program (WIC

Section 5848.51), are counties and Counties Applying Jointly. Therefore, CHFFA is not aware of any cost impacts that a representative private person or business would necessarily incur in reason - able compliance with the proposed action. BUSINESS REPORT The regulations will not affect small businesses as these regulations are specific to counties and Counties Applying Jointly. No report of any kind is required to be made by any business or other entity. SMALL BUSINESS The regulations will not affect small businesses as these regulations are specific to counties and Counties Applying Jointly.

CONSIDERATION OF ALTERNATIVES The Authority must determine that no reasonable al- ternative it considered or that has otherwise been iden- tified and brought to its attention would be more effec- tive in carrying out the purpose for which the action is being proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

In developing the regulatory action, the Authority itself did not consider any alternatives because no rea- sonable alternatives have been presented to it. The Au- thority invites interested persons to submit comments and alternatives with respect to the proposed regula - tions during the public comment period. CHFFA REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATIONS Contact Person: Bianca Smith (916) 653–2408 Backup: Sondra Jacobs (916) 651–0032 TITLE 10.

DEPARTMENT OF INSURANCE MITIGATION IN RATING PLANS AND WILDFIRE RISK MODELS REG–2020–00015 Notice is given that California Insurance Com - missioner Ricardo Lara will hold a public hearing to consider amending, and the contemplated addition of, California Code of Regulations, Title 10,

Chapter 5, Subchapter 4.8,

Article 4,

section 2644.9. PUBLIC HEARING Public Hearing Date and Location The Commissioner will hold a public hearing to pro- vide all interested persons an opportunity to present statements or arguments, either orally or in writing, with respect to these regulations, as follows: Date: April 13, 2022 Time: 1:00 p.m. The public hearing shall continue until all in attendance wishing to provide comments have commented, or 5:00 p.m.

Location: California Department of Insurance 1901 Harrison Street, 3rd Floor — Room #30000 Oakland, California Link to Register for the Web–based Virtual Format: https://us06web.zoom.us/ webinar/register/WN_ MoTcvOKCRdKSe9GAmZE5Hw ACCESS TO PUBLIC HEARING The facilities to be used for the public hearing are accessible to persons with mobility impairments. Per - sons with sight or hearing impairments are requested to notify the contact person(

s) for the hearing in order to make special arrangements, if necessary. To increase public participation and improve the quality of regulations, interested parties are invited to attend virtually or in–person, and offer comment, if they so choose. Please be advised that in–person at - tendance at the hearing may be limited or curtailed, depending upon any state or local restrictions on pub - lic gatherings that may be in effect at the time of the hearing, or due to COVID–19 transmission control precautions implemented by the Department.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 180 The moderated call–in line to be used for the public hearing is accessible to persons with mobility impair - ment. Persons with sight or hearing impairments are requested to notify the contact person for these hear - ings (listed below) in order to review available accom- modations, if necessary. Please direct all inquiries regarding these work - shops to the contact persons named below.

PRESENTATION OF WRITTEN COMMENTS; CONTACT PERSONS All persons are invited to submit written comments on the proposed regulations during the public com - ment period. The public comment period will end on April 13, 2022. Please direct all written comments to the following contact person: Daniel Wade, Senior Staff Counsel Rate Enforcement Bureau 1901 Harrison Street, 6th Floor Oakland, CA 94612 Phone: (415) 538–4158 Email: daniel.wade@insurance.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

If he is unavailable, inqui- ries may be addressed to the following backup contact person: Lisbeth Landsman–Smith, Senior Staff Counsel Rate Enforcement Bureau 300 Capitol Mall, Suite 1700 Sacramento, CA 95814 Tel: 916–492–3561 Email: Lisbeth.Landsman@insurance.ca.gov Please note that under the California Public Records Act (Government Code

Section 6250, et seq.), your written and oral comments, and associated contact in - formation (e.g., your address, phone number, e–mail, etc.) become part of the public record and can be re - leased to the public upon request. DEADLINE FOR WRITTEN COMMENTS All written materials must be received by the In - surance Commissioner, addressed to the contact per - son at the address listed above, by the end of April 13, 2022. Any written materials received after that time may not be considered.

COMMENTS TRANSMITTED BY E–MAIL The Commissioner will accept written comments transmitted by e–mail provided they are sent to the following e–mail address: daniel.wade@insurance. ca.gov. Comments sent to e–mail addresses other than those designated in this notice will not be accepted. Comments sent by e–mail are subject to the dead - line set forth above for written comments. AUTHORITY AND REFERENCE The proposed regulations will interpret and make specific the provisions of Insurance Code sections 1858, 1859, 1861.01, 1861.05, and 1861.07, which also provide the rulemaking authority for this action.

The Commissioner is authorized to promulgate regulations to implement Proposition 103. 20th Century Ins. Co. v. Garamendi (1994) 8 Cal.4th 216. INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW

Summary of Existing Law With the passage of Proposition 103 in 1988, Cali - fornia voters enacted numerous new laws related to the regulation of insurance rates in California, including Insurance Code sections 1861.05(

a) and (b). California Insurance Code

section 1861.05(

a) makes it unlawful for a rate to be approved or remain in effect which is excessive, inadequate, or unfairly discriminatory. Cal- ifornia Insurance Code

section 1861.05(

b) requires an insurer which desires to change any rate to file a com- plete rate application containing specified informa - tion “and such other information as the commissioner may require.” California Code of Regulations Title 10,

Chapter 5, Subchapter 4.8,

Article 4, sections 2644.1 et seq. provide the rules that insurers must follow to obtain approval of their rate applications.

Proposition 103 sets forth the following findings: (a) “Enormous increases in the cost of insurance have made it both unaffordable and unavailable to millions of Californians.”; (b) “The existing laws inadequate - ly protect consumers and allow insurance companies to charge excessive, unjustified and arbitrary rates.” (Prop. 103, § 1.) The stated purpose of Proposition 103 is “to protect consumers from arbitrary insurance rates and practices, to encourage a competitive insur - ance marketplace, to provide for an accountable In - surance Commissioner, and to ensure that insurance is fair, available, and affordable for all Californians.” (Prop. 103, § 2.) Proposition 103 provides the Commissioner sub - stantial authority and flexibility in establishing rules and procedures for assessing insurers proposed rates, which necessarily include rating plans. ( 20th Century Ins.

Co. v. Garamendi (1994) 8 Cal.4th 216, 280; Cal- farm Ins. Co. v. Deukmejian (1989) 48 Cal. 3d 805, 824.)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 181 Also, a part of Proposition 103, California Insurance Code

section 1861.10 promotes consumer participation by allowing consumers to participate in the ratemak - ing process and enforce the rating laws. It requires the Commissioner to notify the public after an insurer files a rate application, subject to certain conditions. California Insurance Code

section 1861.07 requires all information provided to the Commissioner in the rate application process to be publicly available. Further - more, California Insurance Code

section 1858 permits any person aggrieved by any rate charged, rating plan, rating system or underwriting rule to also challenge the insurer’s action directly before the commissioner. In addition, advisory organizations that provide rate manuals to insurers must have such manuals approved by the Commissioner prior to their use. (California In- surance Code

section 1855.5.) Insurance ratemaking requires an assessment of the risks to be insured. In California, property insurers are permitted to classify (segment) wildfire risks depend - ing on how high or low the assessed wildfire risk is in different areas and localities. Different wildfire risks are assigned different wildfire risk scores, which affect the premium policyholders pay.

California Insurance Code sections 929 et seq. requires the Commission - er to collect from insurers data regarding wildfire in - curred losses for each insured property, wildfire risk scores assigned to those properties by the insurers and the source of those scores. Irrespective of scores assigned by insurers, some policyholders take proactive measures to reduce — or “mitigate” — the risk of wildfire on their property and in their neighborhood. For example, someone may clear vegetation near their house, or install fire–re - sistant building materials.

Such measures reduce the wildfire risk at their insured property. Likewise, com- munities may employ mitigation measures such as firebreaks which can reduce the risk of conflagration. Numerous laws and national standards provide ef - fective methods for mitigation of wildfire risk. For example,

Chapter 7A of the 2019 California Building Code (24 CCR 701A) addresses building standards for wildfire areas, including fire resistant vents (24 CCR 706A.2). ASTM E108 and UL 790 are standards set by private entities that all manufacturers follow to create a Class–A fire rated roof. California Public Resourc - es Code 4290.1 identifies criteria for a community to be recognized as a Fire Risk Reduction Community. Those criteria include participation in Firewise USA, a nationally recognized program developed by the Na- tional Fire Protection Association, a Massachusetts 501(c)(3) corporation.

This program is co–sponsored by the United States Department of Agriculture’s For- est Service and the National Association of State For - esters. And, California Public Resources Code

section 4291 sets forth requirements for maintaining defensi - ble space in areas at risk for wildfire. Current law, however, is silent with respect to the manner in which these mitigation measures must be considered by an insurer and reflected in their rating plan. Thus, a reduction in risk resulting from these mitigation measures may not be considered by insur - ers and the rates and premium may not reflect the mit- igation work accomplished.

Similarly, current law does not provide clear direc - tion to insurance companies to disclose to insurance applicants or policyholders the criteria the insurance company relied upon when calculating a particular insurance premium for a particular consumer. Stated another way, existing law does not specify the level of transparency that an insurance company must main - tain with the consumer so that both the consumer and the insurance company can validate the accura - cy of the rating plan when applied to that consumer’s property.

Effect of Proposed Action The proposed regulations will require insurers, for the purposes of segmenting rates, creating a risk dif - ferential, or surcharging the premium due to wildfire risk, to reflect and take into account specified mitiga - tion factors in their rating plans.

The proposed reg - ulations will at the same time provide flexibility to insurers to incorporate additional factors into their rating plans for the purposes of segmenting rates, cre- ating a risk differential, or surcharging the premium due to wildfire risk, provided such factors are substan- tially related to the risk of wildfire and will not result in rates which are excessive, inadequate, or unfairly discriminatory.

The proposed regulations will help to ensure that rates and premiums corresponding to wildfire risk are not excessive, inadequate, or unfairly discriminatory by ensuring the insurer has accurate information upon which the rate or premium is based. For example, the proposed additions will also require insurers to provide certain mitigation and wildfire risk information to applicants and policyholders, and to provide a process by which applicants and policyhold- ers may appeal a wildfire risk score or classification assigned by the insurer.

Policy Statement Overview Broad Objectives The regulations are intended to promote careful and systematic consideration of wildfire risk by in - surers, and to enhance communications by insurers about their rating of properties with respect to wild - fire risk, in order to ensure that rates attributable to wildfire risk are not excessive, inadequate or unfairly discriminatory. For instance, the proposed regulation requires in - surers, in assigning wildfire risk scores or otherwise

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 182 classifying wildfire risks, to conduct a more granular, and thus more accurate risk assessment. By requiring insurers to include wildfire mitigation measures — and the reduction in risk therefrom in their risk as - sessment — the proposed regulations make insurers’ rates and premiums less likely to be excessive, inad - equate, or unfairly discriminatory due to failure to consider mitigation measures. Ensuring that rates and premiums are not excessive, inadequate, or unfair - ly discriminatory is a central statutory command of Proposition 103.

Benefits Anticipated The proposed additions are expected to: incentiv - ize individual and community mitigation efforts by requiring consideration of property and community– level mitigation against wildfire risk; reduce the risk of loss posed by wildfires; improve accuracy in the classification of wildfire risk and the resulting rates and premiums; increase transparency in, and con - sumer awareness of, insurers’ rating and/or scoring of wildfire risk; enhance consumer protection by es - tablishing a consumer appeals process; reduce unfair discrimination by enhancing consistency in insurers’ wildfire rating practices and/or risk scoring practices; and potentially improve availability and affordability of property–casualty insurance for communities and properties where wildfire mitigation measures have been implemented.

Compliance with the regulation does not change the job responsibilities of employees in the affected indus- tries in a way that would impact their safety. Thus, the regulation will neither increase nor decrease worker safety. The Department believes that long–term the regu - lation will have a beneficial impact on the state’s en - vironment, as increased wildfire risk mitigation may help to slow or stop the spread of some wildfire events. Better watershed health and wildlife protection may result as toxic debris cleanup after fires is reduced, and fewer wells become contaminated.

The regulation is expected to result in a benefit to the welfare of California insurance consumers by en - suring approved property insurance rates are more closely related to the property’s actual risk of loss. Ad- ditionally, if the regulation prevents some future wild- fire losses, it could lead to better health outcomes for individuals negatively impacted by the poor air quali - ty caused by California’s recent wildfires.

Consistency or Compatibility with Existing State Regulations After conducting an evaluation of applicable law, the Department has found the proposed amendments are not inconsistent or incompatible with any other ex- isting regulations. NOT MANDATED BY FEDERAL LAW OR REGULATIONS These regulations are not mandated by federal law. There are no existing federal regulations or statutes comparable to these proposed regulations as no fed - eral statutes or regulations address wildfire mitigation measures or rating factors.

OTHER STATUTORY REQUIREMENTS The Department evaluated whether there were other requirements prescribed by statute applicable to these regulations by reviewing statutes and regulations re - lating to this issue, and determined that there were no such specific requirements. LOCAL MANDATE The proposed regulations do not impose any man - date on local agencies or school districts.

FISCAL IMPACT Fiscal Impact on Other State and Local Government Agencies There are no costs or savings to any other State agen- cies; however, the Department is expected to incur a fiscal impact, as discussed immediately below under “Fiscal Impact on the Department.” There is no cost to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement. There are no other nondiscretionary costs or savings to local agencies, nor do the regulations impose a cost or savings in federal funding to the state. Fiscal Impact on the Department The proposed regulation is anticipated to have a fis- cal impact on the Department. The Department will incur costs in the administration, review and anal - ysis of all models and rating plans that insurers are required to submit to comply with the proposed regu - lation.

Rate Analysts and Casualty Actuaries are like - ly to be the primary reviewers of models and rating plans that are likely to be detailed and complex. The Department’s review and approval of rate filings is ex- pected to span multiple state fiscal years at a total cost of $1,047,000. The proposed regulation is expected to be effec - tive July 2022 and allows 180 days for insurers to file their new rating plan. Therefore, the review of rating plans by the Department is expected to begin in Jan - uary 2023, or the midpoint of the 2022–23 fiscal year (FY).

In a review of rate filings that were completed between January 1, 2019 and September 23, 2020 the Department found the average time to approve a rate

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 183 filing was 167 days. Given that the average review and approval time is nearly six months and complex fil - ings or initial filings that need modification often take longer to get approved, the Department assumes that 50 percent of the review work will be completed in the first FY (6 months from Jan 2023–June 2023), and the remaining 50 percent will be completed in the second FY (23–24). As a result, the Department expects a fis- cal impact of $523,500 in the first year and $523,500 in the second year to review and approve rate filings.

The Department will also likely require support from outside actuaries to verify some of the more complex wildfire models included in insurer submissions. The Department estimates that 6 rate filings will need to be referred to consulting actuaries at an average cost of $15,000 per filing. The outside actuarial reviews are assumed to occur in the first FY, increasing the esti - mated first–year fiscal impact to $613,500. As a result, the total anticipated fiscal impact on the Department is $1,137,000. HOUSING COSTS The proposed regulation is not anticipated to impact housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The types of businesses that will be affected are in - surers and insurance producers. In order to comply with the proposed regulations, insurers will need to file rate applications that in - clude compliant rating plans within the timeframe set forth in the proposed regulation.

Rate applications are currently required any time an insurer desires a rate change; the proposed regulation builds upon existing required record keeping and administrative process required by current rate regulations. The proposed regulation, however, would require additional actu - arial support and analysis to be included in the rate application because compliant rate applications must include rating factors not currently required by exist - ing regulations.

As such, additional costs may be ac - quired by insurers to update existing rating plans with new documentation to be compliant with the portions of the proposed regulation which require the inclusion of the specified mitigation factors.

The portion of the proposed regulation that requires the insurer to provide information to a consumer re - lated to their wildfire risk score or classification is a wholly new requirement that would necessitate insur - ers to create and maintain records they currently do not, and likewise creates a new administrative process for (1) providing information related to the consumer’s wildfire risk score or classification and (2) providing a process for appealing the wildfire risk score or clas - sification; neither of these processes are currently re - quired under existing rate regulations.

This portion of the proposed regulation would also impact insurance producers because the regulation permits a consumer to procure a producer’s assistance in filing the appeal of the consumer’s wildfire risk score or classification. There will likely be an adverse impact on insurance agents and brokers, who will have to document and forward consumer wildfire risk score appeals. To help insurers validate information, some agents and bro - kers may also incur costs when conducting in–person inspections of residential or commercial properties.

Producers who are independent or captive with their own offices or business locations would likely need to implement their own processes separate from an insurers processes (this would not apply to producers who work for an insurer directly or sell on a direct– basis) for assisting a consumer with the wildfire score/ classification appeal process. This would include addi- tional costs, recordkeeping, and staff time.

The Department has made an initial determination that the adoption of the proposed regulations may have a significant, statewide adverse economic im - pact directly affecting business, including the ability of California businesses to complete with businesses in other states. The Department has considered pro - posed alternatives that would lessen any adverse eco - nomic impact on business and invites you to submit proposals.

Submissions may include the following considerations: ● The establishment of differing compliance or re - porting requirements or timetables that take into account the resources available to businesses. ● Consolidation or simplification of compliance and reporting requirements for businesses. ● The use of performance standards rather than prescriptive standards. ● Exemption or partial exemption from the regula - tory requirements for businesses.

STATEMENT OF RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department is required to assess any impact the proposed adoption may have on the following: the creation or elimination of jobs within the State of California (Government Code § 11346.3(b)(1)(A)); the creation of new businesses or the elimination of exist- ing businesses within the State of California (Govern- ment Code § 11346.3(b)(1)(B)); and the expansion of businesses currently doing business within the State of California (Government Code § 11346.3(b)(1)(C)).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 184 Below is a

summary of the results of the Econom - ic Impact Assessment pursuant to Government Code sections 11346.3(b)(1)(

A) through (D). A. The proposed regulation is estimated to result in the creation of 40 jobs within the State of Cali - fornia. Overall, the impact of jobs created by the proposed regulation is less than one–thousandth of a percent of the total projected civilian employ- ment in California (40/19,238,071 = 0.0002%). B. The proposed regulation is estimated to result in the elimination of 131.1 jobs within the State of California.

Overall, the impact of jobs lost result- ing from the proposed regulation is less than one– thousandth of a percent of the total projected ci - vilian employment in California (131.1/19,238,071 = 0.0007%) C. Given that the average direct benefit to an impact- ed insurer is estimated to be $2,900 ($391,400/136 firms), it is not anticipated that the proposed reg - ulation will have a significant impact on the cre - ation of new businesses in California. D.

Given that the initial average direct cost to an im- pacted insurer is estimated to be $112,500 ($15.3 million/136 firms), it is not anticipated that the proposed regulation will result in the elimination of existing businesses in California. It is also not expected that the initial average estimated cost of $300 ($562,000/1,847) to insurance agents or brokers will result in the elimination of existing businesses in California. E.

It is not anticipated that the proposed regulation will have an impact on the ability of businesses located in California to expand, as most of the costs resulting from the proposed regulation will be incurred by multimillion–dollar businesses. The estimated initial net loss to total output of $32 million suggests that the proposed regulation will have a minimal impact on the multitrillion– dollar California economy as a whole. F.

The proposed regulation is expected to result in a benefit to the health and welfare of California residents, specifically insurance consumers, by ensuring approved property insurance rates are more closely related to the property’s actual risk of loss. Additionally, if the Department’s expec - tation that the regulation prevents some future wildfire losses is realized, it could benefit the state’s environment and lead to better health out - comes for individuals negatively impacted by the poor air quality caused by California’s wildfires. The proposed regulation is not expected to affect worker safety.

POTENTIAL COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESSES The initial average direct cost to an impacted in - surer is estimated to be $112,500 ($15.3 million/136 firms). The initial average estimated cost to insurance agents or brokers is $300 ($562,000/1,847). There are no other cost impacts known to the Department that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. BUSINESS REPORT The Department finds that it is necessary for the health, safety or welfare of the people of the state that the regulation apply to businesses.

IMPACT ON SMALL BUSINESSES The proposed regulation is projected to have a direct adverse impact on insurers, however by law insurance companies are not considered small businesses (Gov - ernment Code § 11342.610(b)(2)). However, there will also likely be an impact on in - surance agents and brokers, who will have to document and forward consumer wildfire risk score appeals. To help insurers validate information, some agents and brokers may conduct in–person inspections of res - idential or commercial properties.

The Department assumes that the vast majority of agents and brokers operating in communities that are more likely to expe- rience the effects of wildfire are small businesses. As such, the Department expects that there will be a total adverse impact on small business of $562,000. In 2020, there were 16,063 business establishments classified as insurance agents and brokers in Califor - nia.

The Department assumes that only the agents and brokers operating in moderate to very high wildfire risk areas are likely to be impacted, because this is where the properties most likely to appeal their wild - fire score are located. In the Establishing a Baseline section, the Department calculated that 11.5 percent of all homes in California are in a moderate to very high wildfire risk area.

That percentage was also applied to calculate the number of commercial properties in moderate to very high wildfire risk areas, and is used here to estimate that approximately 1,800 (16,063 × 11.5%) insurance agents and brokers operate in mod - erate to very high wildfire risk areas. As a result, the Department estimates that the initial average adverse impact on an insurance agent or broker operating as a small business in an impacted moderate to very high wildfire risk area is approximately $300 ($562,400/ 1,847). However, the average cost to small businesses

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 185 is expected to increase to $610 in year 2, and then de - cline to $400 per business after 6 years. ALTERNATIVES INFORMATION The Department must determine that no reasonable alternative considered by the Department, or that has otherwise been identified and brought to the attention of the Department, would be more effective in carry - ing out the purpose for which this action is proposed; would be as effective and less burdensome to affect - ed private persons than the proposed action; or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy underlying Insurance Code

section 11736.5. A V AILABILITY STATEMENTS The Department has prepared an Initial Statement of Reasons that sets forth the reasons for the proposed action. Upon request, the Initial Statement of Reasons will be made available for inspection and copying. Requests for the Initial Statement of Reasons or ques- tions regarding this proceeding should be directed to the contact person listed above. Upon request, the Fi - nal Statement of Reasons will be made available for inspection and copying once it has been prepared.

Re- quests for the Final Statement of Reasons should be directed to the contact person listed above.

The file for this proceeding, which includes a copy of the express terms of the proposed action, the Initial Statement of Reasons, the Economic Impact Assess - ment, and all the information upon which the proposed action is based, and any supplemental information, in- cluding any reports, documentation and other materi - als related to the proposed action that is contained in the rulemaking file, is available by appointment for in- spection and copying at 300 Capitol Mall, 16th Floor, Sacramento, California, 95814 between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.

If the amended regulations adopted by the Depart - ment differ from those which have originally been made available but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Interested persons should request a copy of these amended regu- lations prior to adoption from the contact person listed above.

AUTOMATIC MAILING A copy of this Notice (including the Informative Di- gest, which contains the general substance of the pro - posed adoption) will be sent to all persons who have previously filed a request with the Department to re - ceive notice of proposed rulemakings. FINAL STATEMENT OF REASONS Upon request, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared pursuant to Government Code

section 11346.9(a). Requests for the Final Statement of Reasons should be directed to the contact person listed above. INTERNET ACCESS Documents concerning proposed regulations are available on the Department’s website at the following link: https://legaldocs.insurance.ca.gov/publicdocs/ RegulationList. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING CAMPUS LAW ENFORCEMENT COURSE — COMMISSION REGULATION 1081 Notice of Proposed Regulatory Action is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the California Code of Reg- ulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Gov - ernment Code

Section 11346.8, any interested person, or his/her duly authorized representative, may request a public hearing. POST must receive the written re - quest no later than 15 days prior to the close of the public comment period. Public Comments Due by April 11, 2022.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action, by fax at (916) 227–4547, by email to Stephen Crawford at stephen.crawford@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

Section 13503 (authority of POST) and PC

Section 13506 (POST authority to adopt regulations). This proposal is intended to in - terpret, implement, and make specific PC

Section 13503(e), which authorizes POST to develop and im - plement programs to increase the effectiveness of law

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 186 enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW POST is responsible for the development of the Campus Law Enforcement Course. This includes the development of relevant topics that reflects the current demands of policing in the K–12 and campus environ- ment, as well as the supporting curriculum. POST proposes to amend Commission regulation 1081 to update the topic titles for the Campus Law En- forcement Courses.

The implementation of these changes will greatly reduce the likelihood of this course being diluted by presenters, assuring that all presenters understand the required topics and supporting curriculum that must be taught. Furthermore, the integrity of the Campus Law Enforcement Course can be validated. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulations will be to ensure the Campus Law Enforcement Course is updated with contempo - rary topics that better reflect the demands of policing within the campus environment.

This will enhance the service the campus police officer provides, in ad - dition to fostering a safe and supportive educational environment for students. It will help reduce the con - flict with citizens in the communities beyond campus environment. This course content benefits the student by maintaining the proper jurisdictional boundaries within the scope of their assigned duties, which will increase the efficiency of the state of California in delivering services to stakeholders.

Thus, the law en - forcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent or incompatible with exist - ing regulations.

After conducting a review for any reg- ulations that would relate to or affect this area, POST has concluded that these are the only regulations that concern the Campus Law Enforcement Course of training. BENEFITS ANTICIPATED The benefits of proposed amendments to the regu - lation will increase the efficiency of the state of Cal - ifornia in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the State’s environment.

ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

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

ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non–Discretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code Sections 17500–17630 re - quires reimbursement: None.

Significant Statewide Adverse Economic Impact Directly Affecting California Businesses: POST has made an initial determination that the amended reg - ulations will not have a significant statewide adverse economic impact directly affecting California busi - nesses, including the ability of California businesses to compete with businesses in other states. Small Business Determination: POST has found that the proposed language will not affect small businesses because the amended language supports the Commis - sion’s main function to select and maintain training standards for law enforcement.

Therefore, this will not create any direct effect financially on small businesses. Cost Impacts on Representative Private Persons or Businesses: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 187 Effect on Housing Costs: POST has made an ini - tial determination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOVERNMENT CODE

SECTION 11346.3(

b) The adoption of the proposed amendments of reg - ulations will neither create nor eliminate jobs in the state of California, nor result in the elimination of ex - isting businesses or create or expand businesses in the state of California. The benefits of the proposed amendments to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Stephen Crawford , Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630 at (916) 227–4957. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwa - ter Road, Suite 100, West Sacramento, CA 95605– 1630.

These documents are also located on the POST website at https://post.ca.gov/Regulatory–Actions. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

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

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING PEACE OFFICER AND PUBLIC SAFETY DISPATCHER BACKGROUND INVESTIGATIONS REGULATIONS 1953 AND 1959 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

Section 11346.8, any interested person, or his/her duly authorized rep - resentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by April 11, 2022.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to Melani Singley at melani.singley@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

Section 13503 (authority of POST) and PC

Section 13506 (POST authority to adopt regulations). This proposal is intended to inter - pret, implement, and make specific PC

Section 13510 to raise the level of competence for peace officers and public safety dispatchers by adopting rules establish - ing and upholding minimum standards relating to recruitment.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 188 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Commission Regulations 1953(a) (Peace Officer Background Investigation) and 1959(a) (Public Safe - ty Dispatcher Background Investigation) require that thorough background investigations be conducted to ensure that candidates are of good moral character and absent of past behaviors indicative of unsuitability for peace officer and public safety dispatcher employ- ment, respectively. Currently, there is no mandatory training requirement for individuals who conduct these investigations.

Concerns have been expressed over what, at times, is a lack of thoroughness, consistency, and relevancy of information provided in background investigation reports, raising concerns about the potential of a de - partment’s ability to make effective hiring decisions and the screening psychologist’s ability to conduct an effective evaluation, as they rely on background inves- tigation information in evaluating peace officer candi- dates.

Conducting fair and comprehensive background investigations that comply with state and federal laws, and POST regulations, is the cornerstone to verifying candidates are suitable to serve as peace officers and public safety dispatchers. As such, it is imperative that background investigations are thorough, and the re - sulting narrative report contains adequate information for the department to make hiring decisions based on complete, accurate, consistent, and relevant informa - tion.

With the enactment of recent laws, such as Sen - ate Bill 2 (peace officer decertification) it is even more imperative that background investigations and the re - sulting reports are thorough, comprehensive, and con- tain all relevant information for departments to make informed decisions.

Mandating background training ensures that all in - dividuals conducting background investigations have consistent, current, and relevant knowledge and un - derstanding to conduct thorough, efficient, and effec - tive investigations, which will provide necessary con- sistency in the gathering and reporting of information to the hiring department. Further, from a risk man - agement perspective, it will improve the reliability of the background investigations and help to ensure that state laws and POST requirements are being met.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed regulation amendments will be to ensure that background investi- gations are consistent, and will provide necessary and relevant information to enable employing departments to make effective hiring decisions, which will increase efficiency for the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California.

The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent or incompatible with exist - ing regulations. After conducting a review for any reg- ulations that would relate to or affect this area, POST has concluded that these are the only regulations that concern mandatory training for individuals who con - duct POST–required background investigations.

BENEFITS ANTICIPATED The benefits of proposed regulation amendments will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the State’s environment.

ADOPTION OF PROPOSED REGULATIONS Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

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

ESTIMATE OF ECONOMIC IMPACT Fiscal impact on Public Agencies including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Non–Discretionary Costs/Savings to Local Agen - cies: None. Local Mandate: None. Costs to any Local Agency or School District for which Government Code Sections 17500–17630 re - quires reimbursement: None. Significant Statewide Adverse Economic Impact Directly Affecting California Businesses: POST has

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 189 made an initial determination that the amended reg - ulations will not have a significant statewide adverse economic impact directly affecting California busi - nesses, including the ability of California businesses to compete with businesses in other states. Small Business Determination: POST has found that the proposed language will not affect small busi - ness because the amended regulation only applies to investigators who conduct backgrounds for POST– participating departments.

Additionally, the Com - mission’s main function to develop and selection and training standards for law enforcement personnel has no effect financially on small businesses. Cost Impacts on Representative Private Persons or Businesses: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: POST has made an ini - tial determination that the proposed regulation would have no effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT PER GOVERNMENT CODE

SECTION 11346.3(

b) The adoption of the proposed amendments of reg - ulations will neither create nor eliminate jobs in the state of California, nor result in the elimination of ex - isting businesses or create or expand businesses in the state of California. The benefits of the proposed amendments of reg - ulations to the regulations will increase the efficien - cy of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protec - tion of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the State’s environment.

CONSIDERATION OF ALTERNATIVES To take this action, the Commission must determine that no reasonable alternative considered by the Com- mission, or otherwise identified and brought to the at- tention of the Commission, would be more effective in carrying out the purpose for which the action is pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Melani Singley, Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630 at (916) 227–4258. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802. TEXT OF PROPOSAL Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630.

These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions. AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

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

s) named above. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Re - habilitation (CDCR or department), proposes to amend sections 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3044, and 3045.1 and to renumber and amend sections 3043.7 to 3044.1, 3043.8 to 3044.2, and 3047 to 3046.1, of the California Code of Regulations, Title 15, Divi - sion 3,

Chapter 1, regarding Inmate Credit Earning. PUBLIC COMMENT PERIOD The public comment period begins February 25, 2022 and closes on April 13, 2022. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. No public hearing is scheduled for these proposed regulations; however, pursuant to Government Code

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 190

Section 11346.8, any interested person or their duly authorized representative may request a public hear - ing, no later than 15 days prior to the close of the writ- ten comment period. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Kelly Santoro Division of Adult Institutions (661) 721–2345 AUTHORITY AND REFERENCE CITATIONS (Government Code

section 11346.5(a)(2)) Government Code

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

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

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

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

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

section 5058 authorizes the Director to prescribe and amend rules and regulations for the administra - tion of prisons and for the administration of the parole of persons. INFORMATIVE DIGEST (Government Code

section 11346.5(a)(3)) The proposed regulations adjust the Good Conduct Credit earning rates for inmates to a fixed rate. These proposed regulations simplify the sentence calculation methodology resulting in the same credit rate gained, allowing for an accurate projected release date for all inmates that enables placement in specific programs and institutions that require precise timeframes for re- lease. These changes will incentivize inmates to par - ticipate in rehabilitative programs which may assist in successful reintegration into society, thus reducing recidivism and enhancing public safety. POLICY STATEMENT OVERVIEW (Government Code

section 11346.5(a)(3)(C)) This rulemaking action will: ● Establish a credit earning rate for inmates as - signed to Work Group F. Work Group F is estab- lished at a 66.6% credit earning rate for inmates assigned to firefighting or firefighting–related du- ties convicted of a non–violent offense, and 50% credit earning rate for those convicted of violent crimes per Penal Code

section 667.5(c). ● Establish a credit earning rate for inmates as - signed to Work Group M. Work Group M is es - tablished at a 66.6% credit earning rate for in - mates assigned to minimum custody convicted of a non–violent offense, and 33.3% credit earning rate for those convicted of violent crimes per Pe - nal Code 667.5(c). DOCUMENTS INCORPORATED BY REFERENCE None. TECHNICAL, THEORETICAL, OR EMPIRICAL STUDIES, REPORTS, OR DOCUMENTS RELIED UPON None. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS (Government Code

section 11346.5(a)(3)(C)) The department anticipates these proposed regu - lations will benefit our criminal justice system and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 191 communities by continuing to create incentives and opportunities for inmates to positively participate in rehabilitative programs. EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS (Government Code

section 11346.5(a)(3)(D)) The department has determined that these proposed regulations are not inconsistent or incompatible with existing regulations or other state laws. After conduct- ing a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations which concern these provisions. STATUTORY REQUIREMENTS, IF ANY, SPECIFIC TO AGENCY (Government Code

section 11346.5(a)(4)) Not applicable. LOCAL MANDATE DETERMINATION (Government Code

section 11346.5(a)(5)) This action imposes no mandates on local agencies or school districts, nor a mandate which requires reim- bursement of costs or savings pursuant to Government Code sections 17500 through 17630. FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

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

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

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

These regulations will not affect the welfare of Cali - fornia residents, as they concern internal management of state prisons only.

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

Interested persons are in - vited to present statements or arguments with respect to any alternatives to the changes proposed during the written comment period or at a public hearing should one be scheduled. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 192 items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

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

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 20. ENERGY COMMISSION 2022 APPLIANCE EFFICIENCY RULEMAKING FOR COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS DOCKET NUMBER 22–AAER–01 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to adopt regulations for commercial and industrial fans and blowers into the California Code of Regulations (CCR) Title 20 (“the Proposed Action”), after considering all comments, objections, and recommendations, regarding the Pro - posed Action.

PUBLIC HEARING The CEC staff will hold a public hearing for the proposed regulations at the date and time listed be - low. Interested persons, or their authorized represen - tative, may present statements, arguments, or conten - tions relevant to the proposed regulations at the public hearing. The record for this hearing will be kept open until every person has had an opportunity to provide comment.

Tuesday April 12, 2022 10:00 a.m. (Pacific Time) BUSINESS MEETING PLEASE TAKE NOTICE that the CEC will con - sider and possibly adopt the proposed regulations at a CEC Business Meeting at the date and time listed below. Interested persons, or their authorized repre - sentative, may present statements, arguments, or con - tentions relevant to the proposed regulations at the Business Meeting. If the date, time, place, or nature of the proposed adoption changes, the CEC will provide updated information in the rulemaking docket.

Wednesday, June 8, 2022 10:00 a.m. (Pacific Time) The public hearing will be held remotely, consistent with AB 361 (Rivas, Stats. 2021,

chapter 165, § 2) and Executive Order N–1–22 to improve and enhance pub- lic access to state and local agency meetings during the COVID–19 pandemic by allowing broader access through teleconferencing options. Instructions for re - mote participation for the public hearing are below. REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password below.

If you experience difficulties joining, you may contact Zoom at (888) 799–9666 extension 2, or the Office of the Public Advisor, Energy Equity and Tribal Affairs at publicadvisor@energy.ca.gov or by phone at (916) 654–4489 or toll free at (800) 822–6228. Link: https://energy.zoom.us/j/92683364288?pwd= cGprWHZiMnpnMkhJVFZyMk1Ua09QQT09 Webinar ID: 926 8336 4288 Passcode: 290779 To participate by telephone dial (213) 338–8477 or (888) 475–4499 (toll free). When prompted, enter the Webinar ID and password listed above.

To comment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity and Tribal Affairs provides the public assistance in participating in CEC proceedings. For information on participation or to request interpreting services

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z 193 or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, by phone at (916) 654–4489, or toll free at (800) 822–6228. Requests for interpreting services and reasonable accommodations should be made at least five days in advance. The CEC will work diligently to accommodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Office of the Public Ad - visor, Energy Equity and Tribal Affairs via email or phone.

NEWS MEDIA INQUIRIES Direct media inquiries to the Media and Public Com- munications Office to (916) 654–4989 or mediaoffice@ energy.ca.gov. PUBLIC COMMENT PERIOD The written public comment period for the commer- cial and industrial fans and blowers proposed regula - tions will be held from February 25, 2022, through April 11, 2022. Any interested person, or their autho - rized representative, may submit written comments to the CEC for consideration on or prior to April 11, 2022. The CEC appreciates receiving written com - ments at the earliest possible date.

Comments sub - mitted outside this comment period are considered untimely. CEC may, but is not required to, respond to untimely comments, including those raising signifi - cant environmental issues. Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine. The CEC encourages use of its electronic commenting system.

Visit the e–commenting page at https://www. energy.ca.gov/rules–and–regulations/appliance– efficiency–regulations–title–20/appliance–efficiency– proceedings–11 which links to the comment page for this docket. Enter your contact information and a com- ment title describing the subject of your comment(s). Comments may be included in the “Comment Text” box or attached as a downloadable, searchable doc - ument consistent with Title 20, California Code of Regulations,

Section 1208.1. The maximum file size allowed is 10 MB. Written comments may also be submitted by email. Include docket number 22–AAER–01 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 22–AAER–01 715 P Street, MS–4 Sacramento, CA 95814 Pursuant to California Code of Regulations Title 20,

Section 1104(e), any person may make oral com - ment on any agenda item at the June 8, 2022, Business Meeting. Please consult the public agenda, which will be posted ten days before the June 8, 2022, Business Meeting, for important details. To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding listserv or provide a valid email or mailing address with your comments. STATUTORY AUTHORITY AND REFERENCE Public Resources Code Sections 25213, 25218(e), and 25402(a)–(

c) authorize the CEC to adopt rules or regulations, as necessary, to implement Public Resources Code

Section 25402(c). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Warren–Alquist Act establishes the CEC as California’s primary energy policy and planning agency. Sections 25213, 25218(e), and 25402(

c) of the Public Resources Code man