GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2020, NUMBER 45-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW N OVEMBER 6, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. ST ATE PERSONNEL BOARD Appeal Process Reimbursement — Notice File Number Z2020–1027–04 ................................................1449 TITLE 2. ST ATE PERSONNEL BOARD Anti–Nepotism — Notice File Number Z2020–1026–01 ..................................................................1451 TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2020–1027–01 ......................................................1453 Multi–County: Golden Gate Bridge, Highway and Transportation District TITLE 2.

F AIR POLITICAL PRACTICES COMMMISSION/DEPARTMENT OF JUSTICE Notice of Intention to Review Conflict–of–Interest Code Amendments of the Fair Political Practices Commission — Notice File Number Z2020–1026–04 ...........................................1454 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act — Consistency Determination No. 2080–2020–007–02, Sutter Collecting Canals and Culvert Maintenance Project ...................................1455 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act — Consistency Determination No. 1653–2020–066–001–R1, Lawrence Creek Hydro Reconnection of Critical Off–Channel Salmonid Habit 3.0, Humboldt County ............................................................1457 DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for West County Transportation Agency Project 2080–2020–010–03 ......................................................................1459 (Continued on next page) Time- Dated Material

DEPARTMENT OF TOXIC SUBSTANCES CONTROL Public Comment Period Regarding Settlement Agreement and Proposed Consent Decree re: Hard Chrome Engineering ...............................................................1460 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS CALIFORNIA STATE BOARD OF PHARMACY Annual Notice of Availability of Precedential Decisions Index ...........................................................1460

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ..................................................................................1461 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1449 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to amend rules 52.4, 243.3, and 243.6 to clarify the appeal procedures applicable to voided appointments and orders for reimbursement of compensation. (Cal.

Code Regs., tit. 2, §§ 52.4, 243.3, and 243.6.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be on December 29, 2020, at 10:00 a.m. via WebEx.

In order to participate in the public hearing, please see the following options: ● Via Video (Online) You may click, or copy and paste into your web browser, the following link: https://spb–meetings. webex.com/webappng/sites/spb–meetings /meeting/download/ f85c0d58b9c449b9bc7f3b0132e44f87?siteurl= spb–meetings&MTID= ma0c0f b26327f77830757075c4e151181 Then enter the following information to gain access to the hearing: Meeting Number: 126 073 0729 Meeting password: 3rpRRpgEF72 ● Via Telephone You may also participate by dialing the phone number first and then the participant code listed below: Phone Number: 1–408–418–9388 Participant Code: 1260730729 The telephonic conference to be used for the public hearing is accessible to persons with mobility impairment.

Persons with sight or hearing impairments are requested to notify the contact person for these hearings (listed below) in order to make specific arrangements, if necessary. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: lori.gillihan@spb.ca.gov The written comment period closes on December 21, 2020.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to amend

section 52.4, 243.3, and 243.6 of Title 2,

Chapter 1 of the California Code of Regulations pursuant to the authority vested in it by the California Constitution,

article 7,

section 3, and Government Code

section 18701. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const., art. VII, §§ 1, subd. (b) & 3; Gov. Code, § 18660.) In addition, the Board, by majority vote of all its members, prescribes probationary periods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) Regulations adopted by the Board are exempt from the Administrative Procedure Act (A P A), except as expressly specified. (Gov.

Code, §§ 18211, 18215, & 18216.) Regulations concerning Board hearing procedures related to disciplinary and merit matters are not exempt from the A P A. (Gov. Code, § 18215, subd. (a)(2).) The purpose of the amendments to sections 52.4, 243.3, and 243.6 is to clarify the process for filing an appeal or petition for reconsideration challenging a voided appointment, including any order for reimbursement.

Section 52.4 is amended to provide that appeals challenging a decision to void an appointment or ordered reimbursement must be filed with the Appeals Division within 30 days from the date the Notice of Voided Appointment is sent to the employee.

Section 243.3 is amended to clarify that the Executive Officer or Board may require an employee who acts in other than good faith in securing an appointment to reimburse the state all, or a portion of, the compensation resulting from the unlawful appointment.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1450

Section 243.6 is amended to clarify that the appeal procedures applicable to decisions by the Executive Officer or the Department of Human Resources to void an appointment and/or orders of reimbursement pursuant to

section 243.3 are set forth in

section 52.4, subdivision (e)(1)(Q). Additionally,

section 243.6 provides that petitions for reconsideration of a Board’s order to void the appointment and/or reimburse compensation pursuant to

section 243.3, subdivision (

c) resulting from an unlawful appointment must be filed with the Board within 30 calendar days of receipt of the Board’s final decision. FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

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

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

Affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES The Board has initially determined that no reasonable alternatives it has considered or that have been otherwise identified and brought to the attention of the Board would be more effective in carrying out the purposes for which the instant action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

CONTACT PERSONS Inquiries concerning the proposed regulatory action, including questions regarding procedure, comments, or the substance of the proposal, may be directed to: Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–1043 Email: lori.gillihan@spb.ca.gov The backup contact person for these inquiries is: Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Policy Division Chief, Lori Gillihan, at the above address.

A VAILABILITY OF RULEMAKING FILE The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following: 1. A copy of the text of the regulations for which the adoption is proposed in strikeout and underline; 2. A copy of this notice and statement of reasons for the proposed adoption; and 3. Any factual information upon which the proposed rulemaking is based.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1451 If written comments, data or other factual information, studies or reports are received, they will be added to the rulemaking file. The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramento, CA 95814. Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the person via the address, email, or phone number listed above.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of the person at the address indicated above.

The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available to the public. A VAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available.

A VAILABLITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 2. STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to adopt sections 83.5 and 83.6 to define nepotism and personal relationships, and

section 87 to explain what an anti–nepotism policy should include. (Cal. Code Regs., tit. 2, §§ 83.5, 83.6, and 87.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be held on December 22, 2020, at 10:00 a.m. via WebEx.

In order to participate in the public hearing, please see the following options: ● Via Video (Online) You may click, or copy and paste into your web browser, the following link: https://spb–meetings. webex.com/webappng/sites/spb–meetings/ meeting/download/ f85c0d58b9c449b9bc7f3b0132e44f87?siteurl= spb–meetings&MTID= ma0c0f b26327f77830757075c4e151181 Then enter the following information to gain access to the hearing: Meeting Number: 126 473 1057 Meeting password: vEeAmNqm528 ● Via Telephone You may also participate by dialing the phone number first and then the participant code listed below: Phone Number: +1–408–418–9388 Participant Code: 1264731057 The telephonic conference to be used for the public hearing is accessible to persons with mobility impairment.

Persons with sight or hearing impairments are requested to notify the contact person for these hearings (listed below) in order to make specific arrangements, if necessary. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: lori.gillihan@spb.ca.gov The written comment period closes on December 21, 2020.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to adopt sections 83.5, 83.6, and 87 of Title 2,

Chapter 1 of the California Code of Regulations pursuant to the authority vested in it

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1452 by the California Constitution,

article 7,

section 3, and Government Code

section 18701. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const., art. VII, §§ 1, subd. (b), & 3; Gov. Code, § 18660.) In addition, the Board, by majority vote of all its members, prescribes probationary periods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) Regulations adopted by the Board are exempt from the Administrative Procedure Act (A P A), except as expressly specified. (Gov.

Code, §§ 18211, 18215, & 18216.) Regulations concerning Board hearing procedures related to disciplinary and merit matters are not exempt from the A P A. (Gov. Code, § 18215, subd. (a) (2).) The purpose of adopting sections 83.5, 83.6, and 87 is to define nepotism and personal relationships, and to outline the components of anti–nepotism policies to be used by appointing powers.

Section 83.5 is adopted to define “nepotism” as an employee’s use of influence or power to hire or assign an applicant or employee because of a personal relationship.

Section 83.6 is adopted to define “personal relationship” as an association by blood, adoption, marriage and/or cohabitation.

Section 87 is adopted to outline the components of an anti–nepotism policy in which appointing powers must hire and assign all employees on the basis of merit and fitness in accordance with civil service statutes, rules and regulations. The

section also explains how nepotism is prohibited in the state workplace because it is antithetical to California’s merit based civil service system. FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

ECONOMIC IMPACT ON BUSINESS ● Significant, statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states: None. ● Effect on small business: None. COST IMPACT ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action since the regulatory change only impacts the Board’s appeals procedures. RESULTS OF ECONOMIC IMPACT ASSESSMENT Adoption of these regulations will not: 1.

Create or eliminate jobs within California. 2. Create new businesses or eliminate existing businesses within California. 3. Affect the expansion of businesses currently doing business within California. 4. Affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board has initially determined that no reasonable alternatives it has considered or that have been otherwise identified and brought to the attention of the Board would be more effective in carrying out the purposes for which the instant action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1453 Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Policy Division Chief, Lori Gillihan, at the above address.

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

The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramento, CA 95814. Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the person via the address, email, or phone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice.

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

A VAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available. A VAILABLITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict– of–interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Golden Gate Bridge, Highway and Transportation District A written comment period has been established commencing on November 6, 2020 and closing on December 21, 2020.

Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, 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

Section 87300, which designate, pursuant to Government Code

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

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1454 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 December 21, 2020. If a public hearing is to be held, oral com - ments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult 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. Therefore, they are not “costs mandated by the state” as defined 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 Amanda Apostol, 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 Commission should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION/ DEPARTMENT OF JUSTICE NOTICE OF INTENTION TO REVIEW PROPOSED AMENDMENTS TO THE CONFLICT–OF–INTEREST CODE OF THE FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Office of the Attorney General (the “Office”), pursuant to Government Code sections 82011, 87303, and 87304 of the Political Reform Act (Gov. Code, § 81000 et seq.) will review proposed amendments to the conflict–of–interest code of the Fair Political Practices Commission (the “Commission”). The purpose of the amendments is to implement Government Code sections 87300 through 87302, and 87306.

Government Code sections 87300 and 87302 require each government agency to adopt a conflict–of–interest code designating the agency personnel who must file annual Form 700 Statement of Economic Interests, disclosing certain economic interests. Designated personnel are those who make or participate in making governmental decisions that may foreseeably have a material financial effect on an economic interest. (Gov. Code, § 87302, subd. (a).) Pursuant to Government Code

section 87306 and California Code of Regulations, title 2,

section 18750, the Commission proposes to amend its conflict–of– interest code due to changes to its organizational structure. The Office is the code–reviewing body for the Commission. (Gov. Code, §§ 82011, 87303, and 87304.) Any interested person may submit written statements, arguments, or comments related to the proposed amendments by submitting them no later than December 22, 2020, or at the conclusion of the public hearing, if one is requested, whichever comes later, to the agency contact set forth below. The Office has not scheduled a public hearing on the proposed amendments. However, it will hold a hearing if it receives a written request for a hearing from any

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1455 interested person, or his or her representative, 15 days before the close of the written comment period. The Office has prepared a written explanation (Statement of Reasons) for the proposed amendments and has available information on which the proposed amendments are based. Copies of the proposed amendments and the information on which the amendments are based may be obtained by contacting the persons set forth below. The Office has determined that the proposed amendments will not impose a cost or savings on any state agency, or school district that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code; will not result in any nondiscretionary cost or savings to local agencies; will not result in any cost or savings in federal funding to the state; will not impose a mandate on local agencies or school districts; and will not have any potential cost impact on private persons or businesses including small businesses.

The Office has determined that no alternative considered by the Office would be more effective in carrying out the purpose for which the amendments are proposed or would be as effective and less burdensome to affected private persons than the proposed amendments. All inquiries concerning this proposal should be directed to: Milad Dalju, at 1300 I Street, Sacramento, California 95814, or (916) 210–7264, or Milad.Dalju@ doj.ca.gov.

Requests for copies of the proposed conflict–of–interest code amendments may also be obtained from Toren Lewis, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, or (916) 322–5660, or http://www. fppc.ca.gov/the–law/fppc–regulations/proposed– regulations–and–notices.html .

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NO. 2080–2020–007–02 Project: Sutter Collecting Canals and Culvert Maintenance Project Location: Sutter County Applicant: California Department of Water Resources Background The California Department of Water Resources (Applicant) proposes to conduct culvert replacement, sediment and aquatic vegetation removal, sediment spoiling, and sediment grading along the collecting canals of the Sutter Bypass.

The collecting canals are located within the Sutter Basin, east of the Sutter Bypass, south of the Sutter Buttes, and southwest of Yuba City.

The Sutter Collecting Canals and Culvert Maintenance Project (Project) includes deferred maintenance sediment removal and associated aquatic vegetation removal along 32 miles of collecting canals, routine maintenance sediment removal and associated aquatic vegetation removal along 44 miles of collecting canals, depositing excavated sediment in upland areas adjacent to the collecting canals, grading the deposited sediment piles when sediment piles are dry, and replacing six culverts and installing two culverts along the collecting canals.

Replacing the six culverts will include establishing staging areas, constructing earthen cofferdams upstream and downstream of the existing culverts, excavating the existing culverts, installing new box culverts at each site, placing revetment around inlets and outlets of new culverts, removing any temporary fill in the canals, and planting disturbed upland

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1456 areas with native grass seed or a seed mix approved by the landowner. Installing the two new culverts will include establishing staging areas, constructing earthen cofferdams upstream and downstream of the culvert area, installing new box culverts at each site, placing revetment around inlets and outlets of new culverts, removing any temporary fill in the canals, and planting disturbed upland areas with native grass seed or a seed mix approved by the landowner.

The Project activities described above are expected to incidentally take 1 giant garter snake ( Thamnophis gigas, hereafter G G S). In particular, G G S could be incidentally taken as a result of the excavation, construction, handling and crushing/entombing of individuals on the surface and in burrows by vehicles/equipment and sediment deposition. G G S is designated as a threatened species pursuant to the federal Endangered Species Act (E S A) (16 U.S.C. § 1531 et seq.) and a threatened species pursuant to the California Endangered Species Act (C E S A) (Fish & G. Code, § 2050 et seq.). (See Cal.

Code Regs., tit. 14, § 670.5, subd. (b)(4)(E).) G G S individuals are documented as present at the Project site and there is occupied G G S habitat within and adjacent to the Project site. Because of the proximity of the nearest documented G G S, dispersal patterns of G G S, and the presence of suitable G G S habitat within the Project site, the United States Fish & Wildlife Service (Service) determined that G G S is reasonably certain to occur within the Project site and that Project activities are expected to result in the incidental take of G G S.

According to the Service, the Project will temporarily impact G G S aquatic and upland habitat during sediment removal and sediment placement as described by year below: ● 2 020: 57.20 acres of aquatic habitat; 28.85 acres of upland habitat ● 2 021: 44.57 acres of aquatic habitat; 25.65 acres of upland habitat ● Y early maintenance: 2020–2030: 3.20 to 15.87 acres/year of aquatic habitat; 3.66 to 18.14 acres/ year of upland habitat According to the Service, the Project will additionally temporarily impact 0.11 acres of G G S aquatic habitat, 0.76 acres of G G S upland habitat, and permanently impact 0.037 acres of G G S aquatic habitat.

Because the Project is expected to result in take of a species designated as threatened under the federal 1 Pursuant to Fish and Game Code

section 86, “ ‘ Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 CAL.4 th 459,507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘ take’ . . . m eans to catch, capture or kill”). E S A, the United States Army Corps of Engineers (U S A C

E) consulted with the Service as required by the E S A. On August 24, 2020, the Service issued a biological opinion (Service file No. 08ESMF00– 2020–F–1907) (B

O) to the U S A C E. The B O describes the Project, requires the Applicant to comply with terms of the B O and its incidental take statement (I T S), and incorporates additional measures. The B O also requires the Applicant to implement and adhere to measures contained within the Project Biological Assessment (B A). On September 30, 2020, the Director of the Department of Fish and Wildlife (C D F

W) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

section 2080.1 that the B O and its related I T S are consistent with C E S A for purposes of the Project and G G S. (Cal. Reg. Notice Register 2020, No. 42–Z, p. 1382.) Determination C D F W has determined that the B O, including the I T S, is consistent with C E S A as to the Project and G G S because the mitigation measures contained in the B O and I T S as well as the conditions in the B A, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of C E S A–listed species. Specifically, C D F W finds that: (1) take of G G S will be incidental to an otherwise lawful activity; (2) the mitigation measures identified in the B O, I T S, and B A will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required. avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Project will not jeopardize the continued existence of G G S.

The mitigation measures in the B O, I T S, and B A include, but are not limited to, the following: Monitoring and Reporting Measures ● I n order to monitor whether the amount or extent of incidental take anticipated from implementation of the proposed project is approached or exceeded, the U.S. Army Corps of Engineers (Corps) shall adhere to the following reporting requirements.

Should this anticipated amount or extent of incidental take be exceeded, the Corps must immediately reinitiate formal consultation, as per 50 C F R § 4 02.16. ○ For those components of the action that will result in habitat degradation or modification whereby incidental take in the form of harm is anticipated, the Corps via D W R shall provide a precise accounting of the total acreage of habitat affected annually to the Service. This report shall also include any information about changes in project

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1457 implementation that result in habitat disturbance not described in the Description of the Action and not analyzed in this biological opinion. ○ The Corps or D W R shall immediately contact the Service’s Sacramento Fish and Wildlife Office (S F W

O) at (916) 414– 6541 to report direct encounters between listed species, project workers, and their equipment whereby incidental take in the form of harassment, harm, injury, or death occurs. If the encounter occurs after normal working hours, the Corps or D W R shall contact the S F W O at the earliest possible opportunity the next working day. When injured or killed individuals of the listed species are found, the Corps or D W R shall follow the steps outlines in the Salvage and Disposition of Individuals

section of the B O. ● Although not a condition of the B O, C D F W requests a copy of construction and monitoring reports. The reports should include dates construction occurred, sightings of species, and the success of revegetation and restoration activities. Mitigation and Financial Assurances ● Applicant has provided financial assurances consistent with C E S A, in the form of a completed purchase of 19.38 acres of conservation credits from Sutter Basin Conservation Bank as documented by a October 22, 2020 Bill of Sale provided to C D F W. Pursuant to Fish and Game Code

section 2080.1, take authorization under C E S A is not required for the Project for incidental take of G G S, provided the Applicant implements the Project as described in the B O, including adherence to all measures contained therein, and complies with the mitigation measures and other conditions described in the B O and I T S and the B A.

If there are any substantive changes to the Project, including changes to the mitigation measures, or if the Service amends or replaces the B O and I T S or the B A, the Applicant shall be required to obtain a new consistency determination or a C E S A incidental take permit for the Project from C D F W. (See generally Fish & G. Code, §§ 2080.1, 2081, subds. (

b) and (c)). DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NO. 1653–2020–066–001–R1 Project: Lawrence Creek Hydro Reconnection of Critical Off–Channel Salmonid Habitat 3.0 Location: Humboldt County Applicant: Elise Ferrarese, Trout Unlimited Background Project Location: The Lawrence Creek Hydro Reconnection of Critical Off–Channel Salmonid Habitat 3.0 (Project) is located at an off–channel pond which drains to Lawrence Creek approximately 13.8 miles from State Route 36 and is immediately adjacent to Yager–Lawrence Mainline Road in Humboldt County.

Coordinates for the Project are 40.5988° N, –123.9785° W, at property owned by Humboldt Redwood Company in the Van Duzen River Watershed, Assessor Parcel Number (APN) 314–292– 001–000, and affects Lawrence Creek, tributary to Yager Creek. Lawrence Creek supports populations of Coho Salmon, Chinook Salmon, steelhead trout, and other aquatic species. Project Description: Trout Unlimited (Applicant) proposes to enhance habitat within Lawrence Creek Watershed to provide a net conservation benefit for Coho Salmon and steelhead trout.

The Project will provide off–channel winter flow refugia through the placement of large wood structures to increase the frequency of inundation to an existing side channel and off–channel pond which provide slow water holding areas while high velocities are occurring in the main channel. Construction of the alcove feature will include excavation to achieve design grades, placement of logs at designated site locations, planting of aquatic vegetation, and management of surrounding

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1458 vegetation. Additionally, large wood habitat structures will also be added to the alcove habitat. Pacific Watershed Associates prepared the Project design that was reviewed and approved by N M F S Engineering and C D F W’s Fisheries staff. Detailed plans, discussion of proposed work, species protection measures, site photos and maps are on file with C D F W’s Habitat Conservation Planning Branch (H C P B). Project Size: The total area of ground disturbance associated with the Project is approximately 1.1 acres and 500 linear feet.

The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemption from the California Environmental Quality Act (Cal. Code Regs., tit. 14, § 15333). Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Project include those associated with the following: (1) 68 pieces of large wood, (2) 210 cubic yards of native soil, (3) 10 cubic yards of boulders, and (4) various pieces of steel anchoring hardware to anchor large wood elements. Project Timeframes: Start date: June 15, 2021 Completion date: October 31, 2025 Work window: August 1 through October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in California, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (N O

A) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (W D I

D) No. 1B20165WNHU, Electronic Content Management Identification (E C M P I

N) No. CW–868677 for the Project. The N O A describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided supplemental documents that set forth measures to avoid and minimize impacts to Coho Salmon, Chinook Salmon, steelhead trout and other aquatic species.

Receiving Water: Lawrence Creek, within the Van Duzen River Hydrologic Unit 111.23 Filled/Excavated Area: Permanent Area Impacted: None Temporary Area Impacted: 1.1 acres Length Permanently Impacted: None Length Temporarily Impacted: 500 Linear feet Latitude/Longitude: 40.5988° North latitude, –123.9785° West longitude Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Project, as described in the Notice of Intent (N O

I) complies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On September 22, 2020, the Director of the California Department of Fish and Wildlife (C D F

W) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

Section 1653 that the N O A, N O I, and related species protection measures are consistent with the Habitat Restoration and Enhancement Act (H R E

A) with respect to the Project. Pursuant to Fish and Game Code

section 1653 subdivision (c), C D F W filed an initial notice with the Office of Administrative Law on September 22, 2020, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2020–0929–02) on September 29, 2020. Upon approval, C D F W will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination C D F W has determined that the N O A, N O I, and related species protection measures are consistent with H R E A as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for authorizing the Project. Specifically, C D F W finds that:

(1) The Project purpose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory settlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility requirements of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Project, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included in an attachment to the N O I, which contains the following categories:

(1) Dewatering Plan;

(2) Proposed methods of fish capture and relocation;

(3) Erosion Control Measures;

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1459

(2) Measures to Minimize Disturbance from Instream Construction;

(3) Measures to Minimize Degradation of Water Quality;

(4) Measures to Minimize Loss or Disturbance of Riparian Vegetation;

(5) General Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the N O I, Additional Pages for the General 401 401 Permit Application Lawrence Creek Hydrologic Reconnection of Critical Off–Channel Salmonid Habitat (3.0). Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of a monitoring and reporting plan. The Applicant’s Monitoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the N O I, Trout Unlimited — Lawrence Creek Hydrologic Reconnection of Critical Salmonid Habitat 3.0 Project Monitoring & Reporting Plan. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (N O

C) no later than 30 days after the project has been completed. A complete N O C includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● W D I D number and E C M P I N number indicated above; ● success criteria for the Project. The N O C shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s N O I. Applicant shall include the project name, W D I D number, and E C M P I N number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to C D F W as required by the General Order. Applicant shall submit documents electronically to: scott.monday@ wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, C D F W’s approval of a habitat restoration or enhancement project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved N O A and comply with other conditions described in the N O I. If there are any substantive changes to the Project or if the Water Board amends or replaces the N O A, the Applicant shall be required to obtain a new consistency determination from C D F W. (See generally Fish & G. Code, § 1654, subd. (c).) DEPARTMENT OF FISH AND WILDLIFE C E S A CONSISTENCY DETERMINATION REQUEST FOR West County Transportation Agency Project 2080–2020–010–03 The California Department of Fish and Wildlife (C D F

W) received a notice on October 21, 2020 that the West County Transportation Agency proposes to rely on a consultation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (C E S A). The proposed project involves the conversion of 5.49 acres of undeveloped lot into a 3.5-acre paved parking lot with associated bioretention features on the remainder of the parcel. Proposed activities will include, but are not limited to, grading, placement of fill, and the use of earth moving equipment.

The proposed project will occur immediately west of 367 West Robles Avenue in the city of Santa Rosa. The U.S. Fish and Wildlife Service (Service) issued a federal biological opinion (Service Ref. No. 08ESMF00–2019–F–1552–1) (B

O) in a memorandum to the U.S. Army Corps of Engineers on June 28, 2019, which considered the effects of the proposed project on state threatened and federally endangered Sonoma County Distinct Population Segment of California tiger salamander (Ambystoma californiense). Pursuant to California Fish and Game Code

section 2080.1, the West County Transportation Agency is requesting a determination that the B O

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1460 and its associated incidental take statement (I T

S) are consistent with C E S A for purposes of the proposed project. If C D F W determines the B O and its associated I T S are consistent with C E S A for the proposed project, the West County Transportation Agency will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Hard Chrome Engineering Settlement Agreement and Proposed Consent Decree 750 107th Avenue, Oakland, California 94603 PUBLIC COMMENT PERIOD: November 6, 2020–December 6, 2020 The Department of Toxic Substances Control (“D T S C”) invites you to review and comment on the Settlement Agreement and Proposed Consent Decree (the “Consent Decree”) with Dee M. McLemore Trust, et al. regarding the former Hard Chrome Engineering site located at 750 107 th Avenue, Oakland, Alameda County, California 94603 (the “Site”).

The Consent Decree resolves D T S C’s claims against Dee M. McLemore Trust, et al. under the Comprehensive Environmental Response, Compensation and Liability Act (“C E R C L A”), 42 U.S.C.

section 9601, et seq., for the Site. D T S C filed a C E R C L A lawsuit against Dee M. McLemore Trust, et al. to recover D T S C’s costs of investigating and cleaning up hazardous substance releases at the Site. Under the Consent Decree, Dee M. McLemore Trust, et al. will pay to D T S C approximately $1,750,000 and half of the net sale proceeds of the property, less $300,000, to reimburse D T S C for costs Dee M. McLemore Trust, et al. have incurred responding to the contamination at the Site. Provided the payment is made as required by the Proposed Consent Decree, Dee M.

McLemore Trust, et al. will be dismissed from the case without prejudice. D T S C will consider comments received during the public comment period on the Consent Decree and file with the Court any written comments received and D T S C’s responses thereto. The Court may then enter or approve the Consent Decree. D T S C also reserves the right to withdraw or withhold its consent to entry (approval) of the Consent Decree if comments regarding the Consent Decree disclose facts or considerations that indicate the Consent Decree is inappropriate, improper or inadequate. WHERE DO I SUBMIT MY COMMENTS?

D T S C will consider comments that are postmarked or received by November 27, 2020. Please submit comments by November 27, 2020 to: Henry Wong, Project Manager Department of Toxic Substances Control 700 Heinz Avenue Berkeley, California 94710 Henry.Wong@dtsc.ca.gov You may view documents at the following locations: The Consent Decree and background documents may be examined on the D T S C EnviroStor website at: https://www.envirostor.dtsc.ca.gov/public/profile_ report.asp?global_id=01870003.

You may also review documents in the File Room at D T S C’s Berkeley office (by appointment only) located at: Department of Toxic Substances Control 700 Heinz Avenue Berkeley, California 94710 Call (510) 540–3800 for an appointment Contact Information For site information: Henry Wong, D T S C Project Manager, Henry.Wong@dtsc.ca.gov For community outreach: Alejandro Vivas, D T S C Public Participation Specialist, Alejandro.Vivas@ dtsc.ca.gov For media inquiries: Russ Edmondson, D T S C Public Information Officer, Russ.Edmondson@dtsc. ca.gov A V AILABILITY OF INDEX OF PRECENTIAL DECISIONS CALIFORNIA STATE BOARD OF PHARMACY ANNUAL NOTICE OF A VAILABILITY OF PRECEDENTIAL DECISIONS INDEX NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board), pursuant to

section 11425.60 of the Government Code, maintains an index of precedential decisions, which is annually made available by the Board to the public by email subscription. To join the Board’s email list, go to www.pharmacy.ca.gov. The index and the text of the precedent decisions are continuously available on the Board’s website at http://www.pharmacy.ca.gov/ enforcement/precedential.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1461 For additional information, contact: Lori Martinez California State Board of Pharmacy 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Telephone: (916) 518–3078 Fax: (916) 574–8618 E–mail: Lori.Martinez@dca.ca.gov

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, C A 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Air Resources Board File # 2020–0911–02 Fuel Cell Net Energy Metering G H G Standards This rulemaking action by the California Air Resources Board (CARB) establishes a fuel cell net energy monitoring program as required by Public Utilities Code

section 2827.10.

Title 17 Adopt: 95408, 95409, 95410, 95411, 95412 Filed 10/26/2020 Effective 10/26/2020 Agency Contact: Bradley Bechtold (916) 322–6533 Board of Parole Hearings File # 2020–0922–02 Term Calculations and Setting a Parole Date In this action without regulatory effect the Board of Parole Hearings is deleting all regulatory language pertaining to selecting base terms, calculating adjust - ed base terms, awarding post–conviction credits, and calculating final release dates for inmates because they no longer have authority to establish these pursu- ant to statutory change (Stats. 2013, c. 312) and In re Butler (2018) 4 Cal.5th 728, 747.

Title 15 Amend: 2000, 2029, 2043, 2239, 2268, 2269.1, 2270, 2272, 2273, 2280, 2292, 2304, 2306, 2308, 2309, 2310, 2315, 2343, 2369, 2400, 2401, 2420, 2421, 2430, 2431 Repeal: 2269, 2282, 2283, 2284, 2285, 2286, 2287, 2288, 2289, 2290, 2291, 2305, 2317, 2319, 2320, 2321, 2322, 2323, 2324, 2325, 2326, 2328, 2329, 2342, 2371, 2403, 2404, 2405, 2406, 2407, 2408, 2409, 2410, 2411, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2429.1, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2439.1 Filed 10/28/2020 Agency Contact: Tracy Young (916) 322–6729 Bureau for Private Postsecondary Education File # 2020–0922–04 Change of address This action by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs updates its principal office address as a change with - out regulatory effect.

Title 05 Amend: 70020 Filed 10/26/2020 Agency Contact: Yvette Johnson (916) 574–8901 California Highway Patrol File # 2020–0818–01 Smoking on School Bus In this regular rulemaking action the California Highway Patrol amends one

section to clarify that smoking of any kind is prohibited on school buses at all times. Title 13 Amend: 1222 Filed 10/27/2020 Effective 01/01/2021 Agency Contact: Jantze Bowie (916) 843–3340 California Horse Racing Board File # 2020–0916–02 Jockey’s Riding Fee This change without regulatory effect filing by the California Horse Racing Board adjusts the jockey’s riding fees for losing mounts, as required by Business and Professions Code

section 19501(b)(1), to reflect the California minimum wage increase effective January 1, 2021. Title 04 Amend: 1632 Filed 10/22/2020 Agency Contact: Zachary Voss (916) 263–6036

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1462 Commission on Peace Officer Standards and Training File # 2020–0909–01 Minimum Standards for Training This action without regulatory effect updates the Form 2–267 to conform to prior regulatory amendments.

Title 11 Amend: 1005 Filed 10/21/2020 Agency Contact: Julia Gorwood (916) 227–3915 Commission on Peace Officer Standards and Training File # 2020–0909–02 Regulation 1070 — Driver Training This action removes the requirement that vehicle operation instructors who instruct only slow speed driving in the basic courses attend the Driver Training Course.

Title 11 Amend: 1070 Filed 10/21/2020 Effective 01/01/2021 Agency Contact: Cheryl Smith (916) 227–0544 Commission on Peace Officer Standards and Training File # 2020–0910–01 Regulation 1005 — Minimum Standards Training The Commission on Peace Officer Standards and Training is ensuring that required Supervisory cours - es and Management courses must be POST certified.

Title 11 Amend: 1005 Filed 10/22/2020 Effective 01/01/2021 Agency Contact: Jenny Michel (916) 227–4567 Commission on Peace Officer Standards and Training File # 2020–0910–02 Regulation 1054 — Requirements for Course Budget This rulemaking action clarifies that existing re - quirements for creating course budgets pertain to all courses, regardless of whether tuition is charged.

Title 11 Amend: 1054 Filed 10/26/2020 Effective 01/01/2021 Agency Contact: Michelle Weiler (916) 227–4870 Commission on Peace Officer Standards and Training File # 2020–0914–02 Minimum Standards for Training/Basic Course Waiver and Requalification This change without regulatory effect filing by the Commission on Peace Officer Standards and Training proposes to update two references to the Requalification Course to align with the total hourly requirement specified in the Training and Testing Specifications for Peace Officer Basic Courses document.

Title 11 Amend: 1005, 1008 Filed 10/26/2020 Agency Contact: Julia Gorwood (916) 227–3915 Department of Consumer Affairs File # 2020–0904–04 Legal Document Assistant Registration Form and Contract In this nonsubstantive action the Department of Consumer affairs amends two sections related to le - gal document assistant registration and contracts to conform to Business and Professions code sections 6402.2 and 6410, as well as makes stylistic changes.

Title 16 Amend: 3900, 3950 Filed 10/26/2020 Agency Contact: Katherine Demos (916) 806–7715 Department of Justice File # 2020–0708–01 Regulations Governing the CalGang Database Assembly Bill 90 (2017–2018 Reg. Sess.) made the Department of Justice (the “Department”) responsi - ble for administering and overseeing any shared gang database in which California law enforcement agen - cies participate. In this resubmittal of O A L Matter No. 2020–0225–01S, the Department adopted regula - tions governing the use, operation, and oversight of the CalGang database.

The regulations adopted by the Department include, among other things, establish - ing the requirements for entering and reviewing gang designations, the retention period for listed gangs and gang members or associates, and the criteria for en - tering a gang and a gang member or associate into the CalGang database.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1463 Title 11 Adopt: 750, 750.2, 750.4, 750.6, 750.8, 751, 751.2, 751.4, 751.6, 751.8, 752, 752.2, 752.4, 752.6, 752,8, 753, 753.2, 753.4, 753.6, 753.8, 754, 754.2, 754.4, 754.6, 754.8, 755, 755.2, 755.3, 755.4, 755.6, 755.8, 756, 756.1, 756.2, 756.4, 756.6, 756.8, 757, 757.2, 757.4 Filed 10/22/2020 Effective 10/22/2020 Agency Contact: Julia Zuffelato (916) 210–6040 Department of Justice File # 2020–0708–02 Regulations Governing Shared Gang Databases Assembly Bill 90 (2017–2018 Reg.

Sess.) made the Department of Justice (the “Department”) responsible for administering and overseeing any shared gang da - tabase in which California law enforcement agencies participate. In this resubmittal of O A L Matter No. 2020–0225–02S, the Department adopted regulations governing the use, operation, and oversight of any shared gang database, except both those databases ex- cluded by subdivision (

b) of Penal Code

section 186.34 and the CalGang database. The regulations adopted by the Department include, among other things, es - tablishing the requirements for entering and review - ing gang designations, the retention period for listed gangs and gang members or associates, and the crite - ria for entering a gang and a gang member or associate into a shared gang database.

Title 11 Adopt: 770, 770.2, 770.4, 770.6, 770.8, 771, 771.2, 771.4, 771.6, 771.8, 772, 772.2, 772.4, 772.6, 772.8, 773, 773.2, 773.4, 773.6, 773.8, 774, 774.2, 774.4, 774.6, 774.7, 774.8, 775, 775.2, 775.4, 775.5, 775.6, 775.8, 776, 776.2, 776.4, 776.6 Filed 10/22/2020 Effective 10/22/2020 Agency Contact: Julia Zuffelato (916) 210–6040 Department of Justice File # 2020–1015–01 Data Broker Registration Fee This is the first readoption of emergency rulemak - ing action no. 2019–1210–04E, which established the initial fee that must be paid in order to register with the Office of the Attorney General as a data broker.

Title 11 Adopt: 999.400 Filed 10/26/2020 Effective 10/28/2020 Agency Contact: Julia Zuffelato (916) 210–6040 Department of Justice File # 2020–1016–03 Dealer Record of Sale (D R O

S) Fee This emergency readopt action amends the Dealer Record of Sale (D R O

S) fee pursuant to Penal Code

section 28233. Title 11 Amend: 4001 Filed 10/26/2020 Effective 10/26/2020 Agency Contact: Kevin Sabo (916) 210–7639 Division of Workers’ Compensation File # 2020–0925–01 Medical Treatment Utilization

Schedule (M T U S) – Antiemetics Guideline This file and print action by the Division of Workers’ Compensation (Division) within the Department of Industrial Relations makes evidence–based up - dates to the Division’s Medical Treatment Utilization Schedule, which is exempt from the Administrative Procedure Act pursuant to Labor Code

section 5307.27(a). This action incorporates by reference the American College of Occupational and Environmental Medicine’s Antiemetics Guideline (March 27, 2020) into new

section 9792.24.6. Title 08 Adopt: 9792.24.6 Filed 10/26/2020 Effective 10/26/2020 Agency Contact: John Cortes (510) 286–0519 State Water Resources Control Board File # 2020–0916–01 Total Maximum Daily Load for Bacteria in Petaluma River Watershed On November 13, 2019, the San Francisco Bay Regional Water Quality Control Board adopted Resolution No. R2–2019–0030 to amend the Water Quality Control Plan for the San Francisco Bay Region to establish total maximum daily loads for bacteria in the Petaluma River Watershed (Basin Plan Am e n dm e n t ) .

Th e B a s in P l an Am e n dm e n t w a s a p- proved by the State Water Resources Control Board under Resolution No. 2020–0018 on June 2, 2020. Title 23 Adopt: 3919.20 Filed 10/26/2020 Effective 10/26/2020 Agency Contact: Farhad Ghodrati

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 45-Z 1464 PRIOR REGULATORY DECISIONS AND C C R CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (O A

L) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by O A L, please visit www.oal.ca.gov.