California Regulatory Notice Register — Register 2023, No. 32-Z (AUGUST 11, 2023)

Cal. Reg. Notice Reg. 2023, No. 32

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 32-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 11, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0801–03 ........................................ 1023 AMENDMENT MULTI–COUNTY: Delano Mosquito Abatement District STATE AGENCY: Employment Training Panel State Coastal Conservancy State Controller’s Office TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Commercial Feed Administrative Penalties — Notice File Number Z2023–0731–03 .......................... 1023 TITLE 5. DEPARTMENT OF EDUCATION California High School Proficiency Examination (CHSPE) — Notice File Number Z2023–0718–01 ............. 1027 TITLE 5. DEPARTMENT OF EDUCATION High School Equivalency (HSE) Program — Notice File Number Z2023–0718–02 ........................... 1030 TITLE 10. FILM COMMISSION Film and Television Tax Credit Program 3.0 — Notice File Number Z2023–0731–02 ......................... 1033 TITLE 10.

DEPARTMENT OF INSURANCE Revisions to California Automobile Assigned Risk Plan (CAARP) Simplified Rules and Rates Manual — Notice File Number Z2023–0801–04 .................................................. 1036 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Driver’ s License and Identification Cards — Notice File Number Z2023–0801–02 ........................... 1038 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Lower Seiad Creek Off Channel Fish Passage Improvement Project, Tracking Number: 1653–2023–124–001–R1, Siskiyou County ......................... 1041 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Cottonwood Creek Beaver Dam Analogue Project, Tracking Number: 1653–2023–125–001–R1, Siskiyou County ........................................... 1041 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–117–001–R1, Beith Creek Livestock Bridge Crossing Project, Humboldt County ................................................................ 1042 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–121–001–R5, Las Encinas Crossing Removal and Restoration Project, Ventura County ................................................................ 1043 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2023–013–00, Sierra Pacific Industries — Habitat Conservation Plan for Seven Populations of Anadromous Salmonids, Siskiyou, Trinity, Shasta, Tehama, Plumas, Butte counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1045 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2023–007–01, Mattole Road PM 5.25 Storm Damage Repair Project, Humboldt County .................................................................. 1050 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Listed to as Known to California to Cause Cancer: Anthracene, 2–Bromopropane, and Dimethyl Hydrogen Phosphite ..................................................................... 1053

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1053 Sections Filed January 1, 2023, to March 31, 2023 ..................................................... 1056 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1023 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit- ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Delano Mosquito Abatement District STATE AGENCY: Employment Training Panel State Coastal Conservancy State Controller’s Office A written comment period has been established commencing on August 11, 2023 and closing on Sep- tember 25, 2023.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear- ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar- guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than September 25, 2023. If a public hearing is to be held, oral com- ments may be presented to the Commission at the hearing. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE DIVISION 4. PLANT INDUSTRY

CHAPTER 2. FIELD CROPS SUBCHAPTER 2. COMMERCIAL FEED NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (Department) proposes to adopt and amend regulations as described below with- in the California Code of Regulations, Title 3 (3 CCR), Division 4,

Chapter 2, Subchapter 2, Articles 1, 3, 4, 5, 7, 11, and 13, Sections 2675, 2683, 2684, 2685, 2686, 2697, 2701, 2717, 2750, 2751, 2765, 2766, 2767, 2768, and 2769. PUBLIC HEARING Any interested person or his or her duly authorized representative may request a public hearing on this proposed action by submitting a written request no later than 15 days before the close of the written com- ment period noted below. 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 Department by mail or email.

The written comment period will close on September 25, 2023. The Department will only consider comments received by that date. Submit written comments to: Erika Lewis, Research Data Specialist II California Department of Food and Agriculture Feed, Fertilizer, and Livestock Drugs Regulatory Services Branch 1220 N Street Sacramento, CA 95814 Email: feed_lvstk@cdfa.ca.gov Following the written comment period or public hearing, if one is requested, and after considering all comments, objections, and recommendations regard-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1024 ing the proposed actions, the Department, at its own motion or at the request of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY AND REFERENCE The Department is proposing to adopt changes to 3 CCR, Division 4,

Chapter 2, Subchapter 2 pursuant to the authority vested by Sections 407, 14902, 15071, 15071.1, and 15071.4 of the Food and Agricultural Code (FAC), and

Section 11400.20 of the Government Code (GOV) to adopt, implement, and enforce these regulations. The proposed regulations will implement, interpret, or make specific FAC Sections 14902, 14903, 14925, 14930, 14938, 14991, 14992, 14993, 14994, 15011, 15021, 15041, 15042, 15051, 15053, 15055, 15061, 15062, 15071, 15071.1, 15071.3, 15071.4, 15072, 15073, 15076, 15082, and 15092, and GOV Sections 11425.50, 114 45.10, 114 45.30, 11501, 11502, a nd 11503.

INFORMATIVE DIGEST/POLICY STATEMENT The Department’s Commercial Feed Regulatory Program (CFRP) is responsible for the enforcement of California state law and regulations pertaining to the manufacturing, distribution and labeling of commer- cial feed while preventing adulterated feed from being consumed by livestock.

Inspectors and investigators located throughout the state conduct routine feed sam- pling and inspections, quality assurance inspections of feed manufacturing facilities, respond to consumer complaints, and enforce the laws and regulations that govern the manufacturing, distribution, and labeling of commercial feed. The work of the CFRP helps to ensure a clean and wholesome supply of milk and meat, as well as providing assurance that the product received by the consumer is the quality and quantity purported by the manufacturer. CFRP is proposing the adoptions and revisions to 3 CCR, Division 4,

Chapter 2, Subchapter 2 described below.

Section 2675(

l) is being adopted to define the term “bulk.”

Section 2675(

m) is being adopted to define the term “packaged.”

Section 2675(

n) is being adopted to define the term “mixed feed.”

Section 2675(

o) is being adopted to define the term “custom formula feed.”

Article 3 and

Section 2683 titles are being amend- ed to change the term “special mixes” to “custom for- mula feed.”

Section 2684, 2685, 2686, and 2697 are being amended to add a subparagraph label and change the term “special mix” to “custom formula feed.”

Section 2701 is being amended to split the

section into subparagraphs and relocate current

Section 2766 to 2701(b).

Section 2717(

d) is being adopted to clarify that the Department shall provide subsamples to firms upon request with the condition that firms share the analyt- ical results with the Department and clarifies the De- partment reserves the right to refuse future subsample requests if results are not provided.

Section 2750(

a) is being amended to further clarify that the inspection tonnage tax for packaged commer- cial feed shall be paid by the licensee named on the label and the inspection tonnage tax for bulk commer- cial feed shall be paid by the last licensee selling or distributing the commercial feed to a consumer buyer.

Section 2750(b)(1) is being adopted to specify the late fee for delinquent tonnage reports shall be based on the amount of tonnage sold or distributed during the quarter. Reports for zero tons sold or distributed shall not be subject to a late fee, less than 10,000 tons sold or distributed shall be subject to a late fee of $100, and greater than or equal to 10,000 tons sold or distrib- uted shall be subject to a late fee of $500.

Section 2750(b)(2) is being adopted to specify the late fee for delinquent tonnage payments is 15 percent of the past due amount plus an additional 1 percent per month for payments more than 12 months delinquent.

Section 2751(

e) is being adopted to clarify a penalty of $100 shall be assessed for delinquent license renew- als and clarifies that licensees shall be required to pay all past due license fees, tonnage tax, and applicable penalties for each year the licensee conducted com- mercial feed business with an expired license before the Department will approve a license renewal.

Section 2751(

f) is being adopted to clarify that commercial feed licensees must notify the Depart- ment within thirty (30) calendar days if any of the information provided on the license application or re- newal changes after the license is issued and clarifies any notices issued by the Department will be sent to the address on record and shall be considered effective even if delivery is refused.

Section 2765(

a) is being adopted to clarify that fail- ure to comply with any provision of

Chapter 6 (com- mencing with

Section 14901) of Division 7 of the Food and Agricultural Code or Subchapter 2 (commencing with

Section 2675) of

Chapter 2 of Division 4 of Title 3 of the California Code of Regulations constitutes a violation that is subject to administrative penalty as authorized under FAC

Section 15071.1 and clarifies that in applying FAC

Section 15071.1, the provisions of

Article 13 shall be used to determine the violation class and penalty amount.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1025

Section 2765(

b) is being adopted to clarify the cri- teria for violations that will be classified as major and subject to administrative penalty.

Section 2765(b)(1) is being adopted to specify that violations deemed by the secretary to require immedi- ate action to protect public or animal health and safety shall be classified as major.

Section 2765(b)(2) is being adopted to specify that violations involving movement of quarantine without prior approval or denial of access for the purpose of inspection, sampling, or enforcement shall be classi- fied as major.

Section 2765(b)(3) is being adopted to clarify that violations demonstrating severity, intent, and recur- rence shall be classified as major.

Section 2765(b)(3)(

A) is being adopted to clarify that severity is demonstrated by the seriousness of the violation and the degree of noncompliance.

Section 2765(b)(3)(

B) is being adopted to clarify that intent is demonstrated by the degree to which the violator failed to prevent noncompliance.

Section 2765(b)(3)(

C) is being adopted to clarify that recurrence is demonstrated by repeated violations.

Section 2765(

c) is being adopted to specify that vi- olations that do not meet the criteria specified in sub- paragraph (

b) shall be classified as minor and receive a notice of warning in lieu of an administrative penalty.

Section 2766 is being amended to move existing language regarding unlawful use of medicated feed to

Section 2701 with the other provisions applicable to medicated feed.

Section 2766(

a) is being adopted to clarify that vi- olations classified as major shall be evaluated based upon nature of the violation, effect of the violation upon the effectuation of the purposes and provisions of this chapter, and impact of the penalty on the violator to determine the administrative penalty amount and that the total administrative penalty amount shall be calculated by adding together the applicable amount based on consideration of the defined factors.

Section 2766(a)(1) is being adopted to clarify that nature of the violation means the potential risk posed and the actions of the violator, as well as specify the criteria for high ($500) and low ($250) penalty amounts.

Section 2766(a)(2) is being adopted to clarify that the effect of the violation upon the effectuation of the purposes and provisions of this

chapter means how the violation impacted consumers, as well as specify the criteria for high ($1,000) and low ($500) penalty amounts.

Section 2766(a)(3) is being adopted to clarify that the impact of the penalty on the violator means the de- terrent effect on future violations and deterrent effect on noncooperation, as well as specify criteria for high ($1,000) and low ($500) penalty amounts.

Section 2766(

b) is being adopted to specify that subsequent major violations of the same

section within twelve months from the date an administrative penalty was assessed shall be subject to an administrative pen- alty in the amount of $5,000.

Section 2766(

c) is being adopted to clarify that the Department is entitled to reimbursement of investiga- tive costs, which shall be added to the administrative penalty amount determined by subparagraph (

a) or (b).

Section 2767 is being adopted to specify filing deadlines and procedures to request a hearing to con- test a penalty.

Section 2768 is being adopted to specify hearing scheduling and notification requirements.

Section 2769 is being adopted to clarify hearing procedures. Anticipated Benefits of the Proposed Regulations: Clarifying the terminology used in FAC versus CCR will reduce confusion for the regulated industry. Specifying consequences for failure to provide sub- sample results to the Department will ensure the De- partment receives results to help validate our labora- tory methods and does not have to continue providing results to noncompliant requestors. Clarifying which firms shall pay tonnage tax for bulk versus packaged commercial feed will reduce confusion for the regulated industry.

Specifying late fees for delinquent tonnage reports, tax payments, and operating with an expired commercial feed license will enable to Department to pursue delinquent ton- nage reports, tax payments, and license renewals. Clarifying that it is the licensee’s responsibility to notify the Department if any of the information on their license application changes after the license is issued will ensure the Department maintains current contact information for licensees. Defining severity, intent, and repeat nature of viola- tions will provide clarity in determining when to issue penalties.

Defining nature of the violation, the serious- ness of the effect of the violation upon the effectuation of the purposes and provisions of this chapter, and the impact of the penalty on the violator will provide clar- ity in determining the amount of the penalty assessed for violations. Determination of Inconsistency/Incompatibility with Existing Regulations: The Department evaluated the proposed regu- lations and made several determinations required by Government Code

Section 11346.5(a)(3)(

A) to 11346.5(a)(3)(D). The Department determined that there are no existing state laws or regulations related directly to the proposed action and the effect of the pro- posed action; the proposed regulations are not incon- sistent or incompatible with existing state regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1026 PLAIN ENGLISH REQUIREMENT The Department prepared the proposed regulations pursuant to the standard of clarity provided in Gov- ernment Code

Section 11349 and the plain English re- quirements of Government Code Sections 11342.580 and 11346.2, subdivision (a)(1). The proposed regula- tions are written to be easily understood by the indi- viduals that will use them. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed upon local agencies: None. Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact di- rectly affecting business including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative person or business: The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS California Government Code

Section 11346.3 re- quires state agencies to assess the potential econom- ic impacts on California businesses and individuals when proposing to adopt or amend any administrative regulation. The Department has initially determined that the proposed regulatory action will not have a broad economic or fiscal impact to the commercial feed industry. The proposed regulations will not:

(1) Require any additional ongoing expenses for compliant individuals or businesses.

(2) Create or eliminate jobs within the state.

(3) Create new businesses or eliminate existing busi- nesses within the State of California.

(4) Affect the expansion of businesses currently op- erating within the State of California.

(5) The proposed regulations will benefit the health and welfare of California residents utilizing feed for their livestock by adding clarity to the regulated industry terminology, compliance ex- pectations and subsequent consequences for in- dustry licensees as it pertains to tonnage type, re- porting, and payments; tax and licensure respon- sibilities, providing subsampling results, and de- fining severity of consequences by violation type.

(6) The proposed regulations are not expected to af- fect worker safety, or the state’s environment. SMALL BUSINESS DETERMINATION The Department has determined that the proposed regulations will affect small businesses but will not have an economic impact on those businesses. The proposed actions do not involve any area that would increase fees or result in any increased costs to these businesses.

The only small businesses potentially affected by the proposed regulations would be non– compliant firms that are delinquent in submitting ton- nage reports, payments, or license renewals, or receive violations for violating laws and/or regulations, there- by receiving penalties. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Department invites interested persons to present statements or arguments with respect to alter- natives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Written comments and inquiries concerning the substance of the proposed regulation, initial statement of reasons, proposed actions, location of the rulemak- ing file, or a request for a public hearing should be directed to: Erika Lewis, Research Data Specialist II California Department of Food and Agriculture Feed, Fertilizer, and Livestock Drugs Regulatory Services Branch 1220 N Street Sacramento, CA 95814 Email: feed_lvstk@cdfa.ca.gov Phone: 916–900–5022

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1027 The backup contact person for these inquiries is: Ashley James, Research Data Analyst II California Department of Food and Agriculture Feed, Fertilizer, and Livestock Drugs Regulatory Services Branch 1220 N Street Sacramento, CA 95814 Email: feed_lvstk@cdfa.ca.gov Phone: 916–900–5022 A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process.

A copy of this notice, the proposed regulation text, and the initial statement of reasons may be obtained by contacting Erika Lewis at the address provided in the “Contact Persons” section. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice of proposed action, the initial statement of reasons, and the proposed regulation text in underline and strikethrough can be accessed through the Department’s website: https://www .cdfa. ca.gov/is/Regulations.html.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received during the written comment period, the De- partment may adopt the proposed regulations substan- tially as described in this notice. If the Department makes modifications which differ, but are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicat- ed) available to the public for at least 15 days prior to amendment.

Please send requests for copies of any modified regulations to the attention of Erika Lewis at the address provided in the “Contact Persons” sec- tion. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by contacting Erika Lewis at the address provided in the “Contact Persons” section. TITLE 5.

DEPARTMENT OF EDUCATION HIGH SCHOOL PROFICIENCY EXAMINATION NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg- ulations described below after considering all com- ments, objections, or recommendations regarding the proposed action. The SBE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 9:00 a.m. on September 26, 2023.

Any interested person may participate in the public hearing via Zoom meeting by logging in per the fol- lowing instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the passcode: https://us02web.zoom.us/j/84505129532 Passcode: 137735 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: 669–900–6833 213–338–8477 Meeting ID: 845 0512 9532 Passcode: 137735 For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro- posed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the public hearing also sub- mit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1028 REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regula- tions, may request assistance by contacting Gita Ra- man, Assessment Development and Administration Division, 1430 N Street, Room 4409, Sacramento, CA, 95814; telephone, 916–319–0500. It is recommended that assistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

section 11346.6(a)(3) and (b), because some of these regulations pertain to special education, the following provisions also apply: Upon request from a person with a visual disabil- ity or other disability for which effective communi- cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to, and deletions from, the regulations.

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan- guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired.

The CDE shall provide the information described above within 10 business days, unless the CDE deter- mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided. Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation.

The CDE shall not take final action to adopt the regulation until the requester has submitted a public comment or the extended 45–day comment period expires, whichever occurs first.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Coordinator prior to or on September 26, 2023.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority: Sections 48410 and 48412, Education Code. References: Sections 48410 and 48412, Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Education Code (EC)

section 48412 provides for a program of assessment that allows a student 16 years of age or older, who is enrolled in the second semes- ter of their sophomore year, to “have their proficiency in basic skills taught in public high schools verified according to criteria established by the department.” EC

section 48412 further states that the CDE shall de- velop the standards of competency in basic skills and shall administer the tests annually. Upon successfully passing the examination, the student shall receive a certificate of proficiency, awarded by the SBE, that is equivalent to a California high school diploma. Policy Statement Overview New

definitions are needed to align title 5 of the California Code of Regulations (5 CCR)

section 11520 with the eligibility criteria in EC

section 48412(a)(1) and to clarify that payment is required at the time of the examination registration or when requesting ser- vices and that administration fees are comprised of different costs. The objective for the proposed definition for “eligi- bility” is to clarify that the test will be administered to students who are at least in their second semester of their sophomore year of high school. In EC

section 48412(c)(1), “fee” is defined to be “an amount sufficient to recover the costs” to administer the test. This amount is a combination of costs, which includes vendor costs, testing center costs, and state administration costs, as well as the costs for additional score reports or certificates, if needed. Anticipated Benefits of the Proposed Regulation The benefits of using these

definitions are to provide the public consistency and clarity regarding the crite- ria for eligibility to take a test of proficiency, and what

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1029 costs are included in the fee charged to the test taker to register for an examination. Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has de- termined they are not inconsistent/incompatible with existing regulations, pursuant to Government Code

section 11346.5(a)(3)(D). After conducting a review for any regulations that would relate to or affect this area of law, the SBE has concluded that these are the only regulations that concern the CHSPE regulations. DISCLOSURES REGARDING THE PROPOSED ACTION/ FISCAL IMPACT The SBE has made the following initial determinations: Mandated by federal law or regulations: No. Other statutory requirements : There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: No.

Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: No. Cost or savings to any state agency: No. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: No. Costs or savings in federal funding to the state: N/A. Effect on housing costs: None. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: No.

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required : The proposed regulations do not require a report to be made. Effect on small businesses : The proposed regula- tions would not have an effect on any small business because they are designed to address students’ eligi- bility for the high school proficiency exam and will not expand or eliminate small businesses currently doing business within the State of California.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a)(10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi- nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed reg- ulations will benefit the educational options of Cali- fornia’s residents and will not adversely affect the welfare of California residents, worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The SBE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Gita Raman, Education Programs Consultant Assessment Development and Administration Division California Department of Education 1430 N Street, Room 4409 Sacramento, CA 95814 Telephone: 916–319–0500 Email: graman@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White. The Regula- tions Coordinator and the backup contact person may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1030 A VAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State- ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com- mencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399).

These docu- ments upon which the proposed action is based may be obtained upon request from the Regulations Coor- dinator. In addition, this Notice, the text of the pro- posed regulations and the ISOR may also be viewed on CDE’s Proposed Rulemaking and Regulations web page at http://www.cde.ca.gov/re/lr/rr/.

A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The SBE will accept written comments on the modified regulations for 15 days af- ter the date on which they are made available.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE Y ou may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg- ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modi- fied text, if any, can be accessed via CDE’s Proposed Rulemaking and Regulations web page at http://www. cde.ca.gov/re/lr/rr/. TITLE 5.

DEPARTMENT OF EDUCATION HIGH SCHOOL EQUIVALENCY PROGRAM NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg- ulations described below after considering all com- ments, objections, or recommendations regarding the proposed action. The SBE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. PUBLIC HEARING California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 1:30 p.m. on September 26, 2023.

Any interested person may participate in the public hearing via a webinar in Zoom by logging in per the following instructions: ● Click the following link or paste the link to the browser to join the webinar and enter the password: https://us02web.zoom.us/j/87593700072 Passcode: 339581 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: 669–219–2599 213–338–8477 Meeting ID: 875 9370 0072 Passcode: 339581 For persons intending to attend the Zoom meeting, those persons may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro- posed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the public hearing also sub-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1031 mit a written

summary of their statements. No oral statements will be accepted subsequent to this public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Amer- icans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or par- ticipate in a public hearing on proposed regulations, may request assistance by contacting Bernadine Hol- man, Assessment Development and Administration Division, 1430 N Street, Room 4409, Sacramento, CA, 95814; telephone, 916–319–0500.

It is recommended that assistance be requested at least two weeks prior to the hearing. Pursuant to Government Code

Section 11346.6(a)(3) and (b), because some of these regulations pertain to special education, the following provisions also apply: Upon request from a person with a visual disabil- ity or other disability for which effective communi- cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to, and deletions from, the regulations.

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan- guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired.

The CDE shall provide the information described above within 10 business days, unless the CDE deter- mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided. Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation.

The CDE shall not take final action to adopt the regulation until the requester has submitted a public comment or the extended 45–day comment period expires, whichever occurs first.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Room 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Coordinator prior to or on September 26, 2023.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority:

Section 51421.5 and 51426, Education Code. References: Sections 51420, 51421, 51421.5, 51422, and 51423 and 51425, Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Education Code (EC)

section 51420 states the State Superintendent of Public Instruction shall issue a Cal- ifornia High School Equivalency (HSE) Certificate and/or official score report, to persons who have not completed high school and who meet specified re- quirements. The requirements include having taken all or a portion of a HSE test that has been approved by the SBE and administered by a CDE–approved test- ing center, with a score determined by the SBE to be equal to the standard of performance expected from high school graduates. Policy Statement Overview The objective for the proposed regulations is to up- date the

definitions for clarity, including the require- ments for proof of identification and residency for a student to take the HSE test. Anticipated Benefits of the Proposed Regulation The proposed regulations will provide examinees and test centers with clear eligibility requirements and what may be included in the fee for the examination. Evaluation of Inconsistency/Incompatibility With Existing State Regulations An evaluation of the proposed regulations has de- termined they are not inconsistent/incompatible with existing regulations, pursuant to Government Code

section 11346.5(a)(3)(D). After conducting a review for any regulations that would relate to or affect this area of law, the SBE has concluded that these are the only regulations that concern the HSE Program regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1032 DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: Other statutory requirements : There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: No. Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: No. Cost or savings to any state agency: No. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: No. Costs or savings in federal funding to the state: No. Effect on housing costs: No. Significant, statewide adverse economic impact di - rectly affecting business including the ability of Cali - fornia businesses to compete with businesses in other states: No.

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required : The proposed regulations do not require a report to be made. Effect on small businesses: The proposed regula- tions would not have an effect on any small business because they are designed to address students’ eligi- bility for the HSE and will not expand or eliminate small businesses currently doing business within the State of California.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

Section 11346.5(a)(10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or eliminate jobs within California; 2) create new businesses or elimi- nate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California. Benefits of the Proposed Action: The proposed reg- ulations will benefit the educational options of Cali- fornia’s residents and will not adversely affect the welfare of California residents, worker safety or the State’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The SBE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Bernadine Holman Assessment Development and Administration Division California Department of Education 1430 N Street, Room 4409 Sacramento, CA 95814 Telephone: 916–319–0500 Email: bholman@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Analyst.

The Regulations Coordinator and the Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860. A VAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial State- ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com- mencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399).

These docu- ments upon which the proposed action is based may be obtained upon request from the Regulations Coor- dinator. In addition, this Notice, the text of the pro- posed regulations and the ISOR may also be viewed on CDE’s Proposed Rulemaking and Regulations web page at http://www.cde.ca.gov/re/lr/rr/.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1033 A VAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The SBE will accept written comments on the modified regulations for 15 days af- ter the date on which they are made available.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE Y ou may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg- ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modi- fied text, if any, can be accessed via CDE’s Proposed Rulemaking and Regulations web page at http://www. cde.ca.gov/re/lr/rr/. TITLE 10. FILM COMMISSION FILM AND TELEVISION TAX CREDIT PROGRAM 3.0

CHAPTER 7.75,

ARTICLE 3, SECTIONS 5520–5528 Notice is hereby given that the California Film Commission (CFC) proposes to amend the regulations described below after considering all comments, ob- jections and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The CFC proposes to amend sections 5520, 5521, 5523, 5525, 5526, 5527, and 5528 in

Article 3 of Chap- ter 7.75 of Title 10 of the California Code of Regula- tions in order to implement, interpret and make spe- cific Revenue and Taxation Code sections 17053.98 and 23698 relating to a film and television tax credit program. No public hearing is scheduled; however, any inter- ested person or their duly authorized representative may request a public hearing no later than fifteen (15) days prior to the close of the public comment period.

WRITTEN COMMENT PERIOD Any interested person, or their authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Agency. Written comments will be accepted by the Agency until 5:00 p.m. on September 26, 2023. Submit comments to: Name: Hedvig Marx Address: California Film Commission, 7080 Hollywood Boulevard, Hollywood, CA 90028 Email: Hedvig.Marx@film.ca.gov AUTHORITY AND REFERENCE The proposed regulation will be adopted under the authority of Government Code

section 11152, and Revenue and Taxation Code sections 17053.98(

e) and 23698(e). The proposed regulation implements, inter- prets, and makes specific Revenue and Taxation Code sections 17053.98 and 23698. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Film Commission (CFC) proposes to amend sections 5520, 5521, 5523, 5525, 5526, 5527, and 5528 in

Article 3 of

Chapter 7.75 of Title 10 of the California Code of Regulations. The regulations outline a procedure for allocating tax credits to qual- ified taxpayers in the motion picture industry and the proposed amendments provide necessary additional process clarity to applicants.

Summary of Related Existing Laws and Regulations: In 2018, the Legislature and Administration ap- proved Senate Bill (SB) 878 (Chapter 456, Stat. 2018), which created the third iteration of the California Film and Television Tax Credit Program, applicable to tax- able years beginning on or after January 1, 2020, and before January 1, 2025. Permanent regulations for the California Film and Television Tax Credit Program 3.0

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1034 were adopted on February 10, 2022, as

Article 3 of

Chapter 7.75 of Title 10 of the California Code of Reg- ulations. These regulations provided a program to the motion picture industry allocating tax credits to qual- ified taxpayers in the motion picture industry until June 30, 2025. The provisions in the existing program, outlined in

Article 3 of

Chapter 7.75 of Title 10 of the California Code of Regulations, provide for applicants to file a written application for the allocation of the tax credit and for the CFC to establish criteria for allo- cating tax credits, determine and designate applicants who meet the requirements to apply for the tax credit, and issue the credit certificate to the qualified taxpayer upon completion of an eligible and approved qualified motion picture.

The California Film and Television Tax Credit Pro- gram 3.0 was preceded by the California Film and Television Tax Credit Program (Program 1.0), 2009 through 2017, and the California Film and Television Tax Credit Program 2.0 (Program 2.0), 2015–2020. Program 1.0 was enacted by SB 15 (Chapter 17, Stat. 2009), and is outlined in sections 17053.85 and 23685 of the Revenue and Taxation Code. Program 2.0 was enacted by 1839 (Chapter 413, Stat. 2014), and is out- lined in sections 17053.95 and 23695 of the Revenue and Taxation Code.

Existing law also provides for a current similar program, the California Soundstage Filming Tax Credit Program. In 2021, the Legislature and Admin- istration approved SB 144 (Chapter 114, Stat. 2021), which among other things, created the new California Soundstage Filming Tax Credit Program, applicable to taxable years beginning on or after January 1, 2022, and before January 1, 2032. The Program allocates tax credits to qualified motion pictures and, unlike Pro- gram 3.0, includes provisions to incentivize the con- struction or renovation of soundstages in the state.

Permanent regulations for the California Soundstage Filming Tax credit program were adopted on February 15, 2023, as

Article 4 of

Chapter 7.75 of Title 10 of the California Code of Regulations. Broad Objectives and Anticipated Benefits of the Proposed Regulations: The California Film and Television Tax Credit Pro- gram 3.0, implemented through

Article 3 of

Chapter 7.75 of Title 10 of the California Code of Regulations, encourages production companies regardless of dis- tribution outlet to film in California instead of other states, provinces, and countries offering incentives. The Program is structured to encourage job creation and training opportunities for disadvantaged youth, and to increase and retain motion picture production in California.

The proposed amendments to the previous- ly adopted California Film and Television Tax Credit Program 3.0 regulations clarify the specific processes necessary for Program implementation, enabling the state to successfully operate the Program and realize its benefits. The objective of these amendments is to ensure that Program processes and requirements are detailed and clear so that applicants can understand and utilize the Program as intended, and so that the CFC is better able to administer the program fairly and consistently.

Consistency and Compatibility with Existing State Regulations: During the process of developing these regulations, the CFC has conducted a search of any similar regula- tions on this topic and has concluded that these regu- lations are neither inconsistent nor incompatible with existing state regulations. The CFC has endeavored to ensure that these regulatory amendments comply with the non–duplication standard found in Title 1, Cali- fornia Code of Regulations.

In some instances, the amended regulations duplicate California statute in part where the statute is cited as “authority” or “refer- ence” for the proposed regulation and the duplication or overlap is necessary to satisfy the “clarity” standard of Government Code

section 11349.1(a)(3).

ESTIMATES OF ECONOMIC IMPACT The California Film Commission has made the fol- lowing determinations: ● Mandate on local agencies and school districts: None. ● Cost or savings to any state agency: None. ● Cost to any local agency or school district which must be reimbursed in accordance with Govern- ment Code sections 17500 through 17630: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. ● Significant effect on housing costs: None. ● Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with busi- nesses in other states: None. ● Potential cost impact on representative person or businesses: 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.

EFFECT ON SMALL BUSINESS The California Film Commission has determined that the proposed regulations will not directly affect small businesses. The businesses that may elect to participate in the Film and Television Tax Credit Pro- gram 3.0 and in such cases will be complying with

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1035 these regulations are film production companies and are as such not small businesses, as defined in

section 11342.610 of the Government Code. Small businesses in California may, however, provide goods and ser- vices to the businesses electing to comply with these regulations and thus benefit from the additional film- ing in California. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Pursuant to paragraph (3) of subdivision (

e) of Sec- tions 17053.98 and 23698 of the Revenue and Taxation Code the CFC is not required to provide an economic impact analysis. Due to the nature of tax credit incen- tives in relation to economic impact, the CFC has been exempted from the economic impact analysis through- out the existence of the California Film and Television Tax Credit Programs in all iterations; this exemption is consistent with previous practice.

It is worth noting that the California Film and Tele- vision Tax Credit Program 3.0 is optional and only ap- plies to entities who elect to participate, and further, that the parameters and functions of a tax credit pro- gram such as this ensures that any participating enti- ties will contribute to a positive economic impact on the state, its existing businesses, and opportunities for prospective businesses, as credits are allocated based on percentages of actual in–state spending for labor, goods, and services.

REASONABLE ALTERNATIVES CONSIDERED The California Film Commission must determine that no reasonable alternative considered by the Com- mission or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective as and less burdensome to affected private persons than the pro- posed action, or would be more cost–effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

CONTACT PERSON Inquiries concerning the proposed action may be directed to: Name: Nancy Rae Stone Email: Nancy.Stone@film.ca.gov Phone Number: (323) 860–2960 The backup contact person for these inquiries is: Name: Hedvig Marx Email: Hedvig.Marx@film.ca.gov Phone Number: (323) 817–4115 or (310) 290–6501 Questions on the substance of the proposed regula- tions may be directed to: Name: Hedvig Marx Email: Hedvig.Marx@film.ca.gov Phone Number: (323) 817–4115 or (310) 290–6501 A VAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the forty–five (45) day public comment period, the CFC may adopt the proposed regulation.

As a result of public comments, either oral or written, that are received by the CFC regarding this proposal, the CFC may determine that changes to the proposed regulation are appropriate. If the CFC makes modifications that are sufficiently related to the orig- inally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the CFC adopts the regulations as revised.

The CFC will provide notifi- cation of any such modifications to all persons whose comments were received during the public comment period, all persons whose comments (written or oral) were received at the public hearing (if one is held) and all persons who requested notice of such modi- fications. Otherwise, please send requests for copies of any modified regulations to the attention of Hedvig Marx at the above email address. The CFC will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF INITIAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF THE PROPOSED REGULATIONS The CFC has established a rulemaking file for this regulatory action, which contains those items re- quired by law. The file is available for inspection at the California Film Commission, 7080 Hollywood Boulevard, Suite 900, Hollywood, California during normal business working hours (9 a.m.–5 p.m.). Please contact Hedvig Marx at the above email address to ar- range a date and time to inspect the files.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the regulations. Copies of these items are available, upon request, from the Contact Person designated in this Notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1036 A VAILABILITY OF FINAL STATEMENT OF REASONS The CFC is required to prepare a Final Statement of Reasons. Once the CFC has prepared a Final State- ment of Reasons, a copy will be made available to any- one who requests a copy. Requests for copies should be addressed to the Contact Person identified in this Notice. OFFICE INTERNET WEBSITE The Office maintains an Internet website for the electronic publication and distribution of written ma- terial.

Copies of the Notice of Proposed Action, the Initial Statement of Reasons and the text of the regu- lations can be accessed through our website at: www . film.ca.gov. TITLE 10. DEPARTMENT OF INSURANCE REG–2023–00015 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad- dress the proposed amendments to the California Au- tomobile Assigned Risk Plan (“CAARP” or “Plan”) Simplified Rules and Rates Manual. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.5 ref- erences this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed changes will implement, interpret and makes specific the require- ments of Insurance Code

Section 11624(e). Insurance Code

section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: October 4, 2023 1:00 p.m. Location: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor Oakland, CA 94612 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

Per- sons with sight or hearing impairments are request- ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Comments should be addressed to the contact person for this proceeding: Contact Person: Michael Riordan, Attorney California Department of Insurance Enforcement Bureau California 1901 Harrison Street Oakland, CA 94612 riordanm@insurance.ca.gov Telephone: (415) 538–4226 Facsimile: (510) 238–7830 The backup agency contact person for this proceed- ing will be: Elsa Carre, Legal Analyst Department of Insurance Rate Enforcement Bureau 1901 Harrison Street Oakland, CA 94612 Elsa.Carre@insurance.ca.gov Telephone: (415) 538–4461 All persons are invited to present oral and/or written testimony at the scheduled public hearing.

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear- ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on October 4, 2023. Any written materials received after that time will not be considered. Written comments may also be submitted to the contact person by email

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1037 or facsimile transmission. Please select only one meth- od to submit written comments. ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con- sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per- sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 23–06 Simplified Rules and Rates Manual SB 1107 increases the financial liability limits re- quired for owners of a private passenger vehicles and vehicles used for commercial purposes when the vehi- cle is not subject to the Public Utilities Commission. CAARP is proposes to make changes to the Simplified Rules and Rates Manual to reflect the changes. COMPARABLE FEDERAL LAW There are no comparable existing federal regula- tions or statutes.

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter- mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter- mined that the application will not result in any cost or significant savings 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, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY ; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES AND THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE The Commissioner has initially determined that the proposal will not have a significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states. This proposal will have no effect on the creation or elimination of jobs in California, the creation of new businesses, the elimi- nation of existing businesses in California, or the ex- pansion of businesses in California.

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter- mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter- mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1038 SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe- cific technologies or equipment. ALTERNATIVES The Insurance Commissioner 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 pro- posed or would be as effective and less burdensome to affected private persons than the proposed action.

PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles. TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above.

Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below. FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site.

ACCESS TO RULEMAKING FILE Any interested person may inspect a copy of or di- rect questions about CAARP’s application, the state- ment of reasons, and any supplemental information contained in the r ulemaking file by contacting the con- tact person listed above. By prior appointment, the rulemaking file is available for inspection at 1901 Har- rison Street, Oakland, CA 94612, between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday. AUTOMATIC MAILING A copy of this Notice, including the Informative Digest is being sent to all persons on the Insurance Commissioner’s mailing list.

A VAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on- line and may be accessed through the Department’s website at www.insurance.ca.gov. A VAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 13.

DEPARTMENT OF MOTOR VEHICLES DIVISION 1,

CHAPTER 1

ARTICLE 2.0 — DRIVER’S LICENSES AND IDENTIFICATION CARDS The Department of Motor Vehicles (department) proposes to adopt

Section 20.02 in

Article 2.0, Chap- ter 1, Division 1, Title 13 of the California Code of Regulations, related to audio and/or video recordings of driving tests. PUBLIC HEARING A public hearing regarding this proposed regulato- ry action is not scheduled. However, a public hearing will be held if any interested person or their duly au- thorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments relevant to the proposed regulations to the contact person iden- tified in this notice. All written comments must be received at the department no later than September 25, 2023, the final day of the written comment period,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1039 in order for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code

section 1651, in order to implement, interpret, or make specif- ic Vehicle Code

section 12804.9. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 12804.9 requires the depart- ment to, among other things, test an applicant’s knowl- edge and understanding of the operation of vehicles upon the highways and perform an actual demonstra- tion of the applicant’s ability to exercise ordinary and reasonable control of a motor vehicle under the super- vision of an examining officer. The examination process for a driver’s license con- sists of the vision test, knowledge (or written) test and the behind–the–wheel driving test.

When an applicant successfully completes the vision and knowledge por- tions of the test, they can proceed to scheduling the driving test. The driving test is administered in two parts. The first part of the driving test requires the applicant to show they are familiar with the operation of the vehi- cle by demonstrating such functions as the turn sig- nals, vehicle’s headlights and emergency flashers. The second part of the driving test is the road test. The road test is administered by a Licensing–Registration Examiner (licensing examiner) on a predetermined route.

The applicant will be tested in maneuvers such as backing, turning, freeway entry and exit, parking lots, and various intersections. The department has recently encountered situations where driving test applicants appear for testing in ve- hicles equipped with interior recording devices. The department has determined that the audio and/or vi- sual recording of driving tests could potentially create privacy concerns within the department’s driving test processes. The department administers driving ex- aminations on predetermined routes.

Recording those routes could impact the integrity of the examination that and unconsented recording violates the Penal Code. The licensing examiner may object to being re- corded inside the vehicle while the driving test is be- ing administered. This proposed action prohibits the audio recordings and video recordings of a vehicle’s interior during a driving examination, unless autho- rized by the department. Prohibiting interior record- ings will also protect the applicant’s personal identi- fying information that may arise out of conversations between the driver and the examiner.

CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of other state regulations and has concluded that these are the only regulations related to driving tests and the audio and/or video recording of driving tests. Therefore, the proposed regulations are neither inconsistent nor in- compatible with existing state regulations. COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS There are no existing federal statues or regula- tions that govern driving tests administered by the department. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial de- terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo- cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district re- quiring reimbursement pursuant to Government Code

section 17500 et seq.: None. ● Cost Impact 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. ● Small Business Impact: This proposed action will not impact small businesses. The driving test procedures have no impact on businesses and the adoption of

Section 20.02 will also have no im- pact on small businesses. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man- date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic im- pact directly affecting businesses, including the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1040 ability of California businesses to compete with businesses in other states: The department has made the initial determination that this action will not have a significant statewide adverse eco- nomic impact directly affecting business nor will it impact the ability of California businesses to compete with businesses in other states. This proposed rule impacts specified individuals, not businesses.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina- tions when assessing the economic impact associated with this proposed regulation: This proposed action is unlikely to 1) create or elim- inate jobs within the State of California; 2) create or eliminate businesses within the State of California; or 3) expand businesses currently doing business in the State of California.

The proposed rule will benefit the welfare of Cali- fornia residents by protecting department’s licensing examiners who may not want to be recorded while administering a driving examination and will benefit the drive test applicant by preventing circumstances where the applicant’s personal identifying informa- tion may inadvertently be discussed while the audio or video is recording. This proposed action is unlikely to benefit the state’s environment or worker safety. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

ALTERNATIVES CONSIDERED 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, or 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 or other provisions of law.

CONTACT PERSON Any inquiries or comments concerning the pro- posed rulemaking action may be addressed to: Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P .O.

Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro- posed rulemaking action requiring more immediate response may use: Telephone: (916) 282–7294 Facsimile: (916) 657–6243 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back–up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657–6469 A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Ex- press Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of pub- lic records, including reports, documentation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial Statement of Reasons, and Express Terms) may be accessed at https://www.dmv.ca.gov/portal/about–the–california– department–of–motor–vehicles/california–dmv– rulemaking–actions . A VAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.

If modifications are made which are sufficient- ly related to the originally proposed text, the fully modified text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regulations. Request for copies of any modified regu-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1041 lations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR LOWER SEIAD CREEK OFF CHANNEL FISH PASSAGE IMPROVEMENT PROJECT (TRACKING NUMBER: 1653–2023–124–001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 7/27/2023, that the Mid Klamath Watershed Council (Council) proposes to carry out a habitat restoration or enhancement proj- ect pursuant to Fish and Game Code

section 1653. The proposed project involves installing up to 6 Beaver Dam Analogs in Lower Seiad Creek, to maintain ade- quate surface water levels so juvenile salmon may ac- cess adjacent off–channel ponds. The proposed project will be carried out on two locations of Lower Seiad Creek, located near Seiad Valley, Siskiyou County, California.

On 6/8/2023, the North Coast Regional Water Qual- ity Control Board (Regional Water Board) received a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Proj- ects (General 401 Order) for the Lower Seiad Creek Off Channel Fish Passage Improvement Project.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage un- der the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1A23079WNSI; ECM PIN Number CW–888565) for coverage under the General 401 Order on 7/25/2023. The Council is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Council will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Council will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR COTTONWOOD CREEK BEA VER DAM ANALOGUE PROJECT (TRACKING NUMBER: 1653-2023-125-001-R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 7/27/2023, that the U.S. Fish and Wildlife Service (Service) proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves building a series of four Beaver Dam Analogues on Cottonwood Creek, to raise base flow levels and in-stream habitat complexity. The proposed project will be carried out on Cottonwood Creek, located 0.5 miles upstream of the Hilt-Hungry Road Bridge, Siskiyou County, California.

On 5/8/2023, the North Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Cottonwood Creek Beaver Dam Analogue Project.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage un- der the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1A23066WNSI; ECM PIN Number CW-888349) for coverage under the General 401 Order on 7/19/2023. The Service is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Service will not be required to obtain an incidental

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1042 take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Service will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2023–1 1 7–001–R1 Project: Beith Creek Livestock Bridge Crossing Project Location: Humboldt County Applicant: Morguine Sefcik, City of Arcata Background Project Location: The Beith Creek Livestock Bridge Crossing (Project) is located on Beith Creek in Arca- ta, California on the Jacoby Creek Gannon Slough Wildlife Area, at a property owned by the City of Ar- cata, Assessor Parcel Number (APN) 501–042–024, Latitude/Longitude 40.855028, 124.074208 W .

Beith Creek likely provides habitat for coho salmon (Onco- rynchus kisutch ), steelhead trout (O. mykiss), coastal cutthroat trout (O. clarkii clarkii), and other fish, am- phibian and aquatic species. Project Description: Morguine Sefcik (Applicant) representing the City of Arcata, proposes to restore habitat within Beith Creek to provide a net conser- vation benefit for coho salmon, steelhead trout, and coastal cutthroat trout. The Project includes replacing a cattle ford with a channel–spanning bridge.

Cattle exclusion fencing will be connected to existing ripar- ian fencing along Beith Creek, which will completely exclude cattle from the channel. Following construc- tion, willow sprigs will be planted to revegetate the riparian area. Project Size: The total area of ground disturbance associated with the Project is approximately 0.012 acres and 50 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 categor- ical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the 540 cubic yards of concrete footings. Project Timeframes: Start date: August 15, 2023. Completion date: October 15, 2023.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor- nia and improve riparian habitat, the North Coast Re- gional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) 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 (WDID) Number 1B23032WNHU, Electronic Content Man- agement Identification (ECM PIN) Number CW– 887574 for the Project.

The NOA describes the Project and requires the Applicant to comply with the terms of the Order. Additionally, the Applicant has provid- ed a supplemental document that sets forth measures to avoid and minimize impacts to coho salmon, steel- head trout, coastal cutthroat trout, and other fish and wildlife species. Receiving Water: Beith Creek, tributary to Gannon Slough. Filled or Excavated Area: Permanent area impacted: 0.12 acres. Temporary area impacted: 0 acres. Length permanently impacted: 50 linear fee t. Length temporarily impacted: 0 linear fee t.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). Noticing: On June 28, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a de- termination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protec- tion measures are consistent with the Habitat Resto- ration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub- division (c), CDFW filed an initial notice with the Office of Administrative Law on June 28, 2023, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2023–0628–01) on July 14, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1043 Determination CDFW has determined that the NOA, NOI, and re- lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho- rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose 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 set- tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments 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 the Project, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included in an attach- ment to the NOI, which contains the following cate- gories:

(1) Construction–period Water Quality Pro- tection and Erosion and Sedimentation Control Mea- sures;

(2) General Program Conditions for Vegetation Management; and

(3) General Measures to Avoid Impacts on Biological Resources. The specific avoid- ance and minimization requirements are found in at- tachments to the NOI, Beith Creek Livestock Bridge Crossing Project: Species Protection Measures, and Beith Creek Livestock Bridge Crossing Project: Sensi- tive Plant Survey 2023. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res- toration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in the NOI. 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 (NOC) no later than 30 days after the project has been complet- ed.

A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number and ECM PIN number indicated above; ● success criteria for the Project. The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name, WDID number, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall sub- mit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronical- ly to: Nicholas. VanVleet@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CD- FW’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 (com- mencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N UMBER 1653–2023–121–001–R5 Project: Las Encinas Crossing Removal and Restoration Project Location: Ventura County Applicant: Erin N.

Lamer Aera Energy LLC 3964 North Ventura Avenue Ventura CA 93001 (805) 648–8438 enlarner@aeraenergy.com Background Project Location : The Las Encinas Crossing Re- moval and Restoration Project (Project) is located at coordinates 34.3251 and –119.2821, approximately 0.6 miles east of State Route 33 near the City of Ventu- ra, in Ventura County. The Applicant is the property owner, Assessor Parcel Number (APN) 063–0–190–

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1044 165 and 063–0–230–185, and affects Cañada de las Encinas a tributary to the Ventura River. Project Description: Erin N Laner (Applicant), rep- resenting Aera Energy LLC, proposes to enhance or restore habitat within Cañada de las Encinas to pro- vide a net conservation benefit for native riparian habitat and species. The Project will improve riparian habitat by removing an existing culvert and revege- tating the area with native plants. The channel will be restored as a vegetated boulder cascade with rock and riparian vegetation.

The Project will demolish an existing crossing on Cañada de las Encinas, including removal of steel and wood revetments, culvert, asphalt surface pavement, and vegetation growing on top of the crossing. The Project area will then be excavated and recontoured. Three profile control structures will be installed to accommodate the 12’ change in elevation and ar- mored with rock stabilizers. These features will be subsequently vegetated with pole cuttings from native plants. Planting will occur at the Project site, using sal- vaged plant material, pole cuttings, container plants, and a native seed mix.

Detailed Project plans, discussion of proposed work, species protection measures, site photos and maps are on file with the California Department of Fish and Wildlife’s (CDFW) Habitat Conservation Planning Branch (HCPB). Project Size: The total area of ground disturbance associated with the Project is approximately 0.046 acres and 90 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 categor- ical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge : Discharge of ma- terials 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) 135 cubic yards of ungrouted rock, (2) 1,140 plants of native vegetation. Project Timeframes: Start date: August 2023. Completion date: November 2023. Work window: August 2023–November 2023.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor- nia, the Los Angeles Regional Water Quality Control Board (Regional Water Board) issued a Notice of Ap- plicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quali- ty Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Iden- tification (WDID) Number 4WQC40123070 for the Project. The NOA describes the Project and requires the Applicant to comply with terms of the Order.

Ad- ditionally, the Applicant has provided a supplemental document that sets forth measures to avoid and mini- mize impacts to species. Receiving Water: Cañada de las Encinas, tributary to the Ventura River. Filled or Excavated Area : Permanent area impact - ed: 0.039 acres. Temporary area impacted: 0.046 acres. Length temporarily impacted: 20 linear fee t. Length permanently impacted: 90 linear fee t. Dredge Volume: None. Discharge Volume : 135 cubic yards (cy) of rock inter–planted with native vegetation (i.e., approx. 1,140 pole cuttings).

Project Location : Coordinates 34.3251, –119.2821; APN: 063–0–190–165, 063–0–230–185. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). On July 17, 2023, the Director of the CDFW re- ceived a notice from the Applicant requesting a de- termination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protec- tion measures are consistent with the Habitat Resto- ration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub- division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on July 17, 2023, for pub- lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No- tice File Number Z–2023–0717–03) on July 28, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and re- lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho- rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose 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 set- tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1045 Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

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

(1) Pre–Construction Biological Surveys;

(2) Biological Monitoring;

(3) Erosion Control/Water Quality;

(4) Exclusionary Fencing;

(5) Equipment Maintenance and Staging; and

(6) Protection of Native Trees. The specific avoidance and minimization requirements are found in an attachment to the NOI, Las Encinas Crossing Removal and Restoration Project. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Mon- itoring 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 NOI, Las Encinas Crossing Removal and Restoration Project.

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 (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name and WDID num- ber with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdi- vision (g), the Applicant shall submit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: christian. romberger@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CD- FW’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 (com- mencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2023–013–00 Project: Sierra Pacific Industries — Habitat Conservation Plan for Seven Populations of Anadromous Salmonids Location: Siskiyou, Trinity, Shasta, Tehama, Plumas, Butte counties Applicant: Sierra Pacific Land and Timber Company Background Sierra Pacific Industries (SPI), the authorized rep- resentative and manager of Sierra Pacific Land and Timber Company lands, developed a fifty–year Habi- tat Conservation Plan (HCP) (Project) (effective Sep- tember 29, 2021) that supports the issuance of autho- rizations from the National Marine Fisheries Service (NMFS) that allow for limited take of three species of anadromous salmonids: Central Valley spring–run Evolutionarily Significant Unit (ESU) Chinook salm- on (Oncorhynchus tshawytscha ), Southern Oregon/ Northern California Coast ESU coho salmon (O. kisutch), and Sacramento River winter–run ESU Chi- nook salmon (O. tshawytscha) (collectively “Covered Species”) incidental to SPI’s forest management activ- ities on their commercial timberlands.

The HCP cov- ers 355,000 acres of land spread throughout the Klam- ath, Cascade, and Sierra Nevada ranges in California. SPI’s HCP covers timber operations and related management activities including, but not limited to: growing, harvesting, and transporting timber; timber stand regeneration and improvements; water drafting, watercourse crossing facilities placement and main- tenance; road and landing construction and mainte- nance; fuel break construction and maintenance; and monitoring and research (e.g., for salmonids) (Project Activities).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1046 The P roject A ctivities d escribed ab ove h ave t he potential t o i ncidentally t ake1 t he C overed S pecies where t hose a ctivities t ake p lace w ithin t he K lamath Mountains, S outhern C ascades, a nd S ierra N evada ecological s ubregions, s pecifically w ithin t he T rin- ity a nd S acramento R iver B asins ( Project A rea). I n particular, t he C overed S pecies c ould b e i ncidentally taken a s a r esult o f h abitat m odification a nd l ost r epro- duction.

S acramento R iver w inter–run E SU C hinook salmon a re d esignated a s e ndangered p ursuant t o b oth the f ederal E ndangered S pecies A ct ( ESA) ( 16 U .S.C. § 1 531 et se q.) a nd t he C alifornia E ndangered S pecies Act ( CESA) ( Fish a nd G ame C ode, § 2 050 et se q.). (See C al. C ode R egs., t itle 1 4, § 6 70.5, s ubdivision (b)(5)(G).) So uthern O regon/Northern C alifornia Coast E SU c oho s almon a nd C entral V alley s pring– run E SU C hinook s almon a re b oth l isted a s t hreatened under both ESA and CESA.

Because P roject A ctivities m ay r esult i n t ake o f multiple s pecies d esignated a s t hreatened o r e ndan- gered u nder t he f ederal E SA, S PI p repared a n H CP i n support o f a n a pplication f or a n i ncidental t ake p ermit (ITP) p ursuant t o se ction 1 0(a)(1)(

b) o f t he E SA. T he ITP r equires f ull i mplementation o f, a nd c ompliance with, a ll c onservation m easures l isted i n t he H CP f or avoidance, m inimization, a nd m itigation f or i mpacts to t he C overed S pecies, a ll o f w hich N MFS i ncorpo- rated a s c onditions o f t he I TP . O n S eptember 2 1, 2 021, NMFS is sued a b iological o pinion ( NMFS C onsulta- tion Number WCRO–2020–03564) (BO). The I TP a lso r equires S PI t o i mplement a nd a dhere to measures contained within the HCP .

On J uly 1 2, 2 023, t he D irector o f t he D epartment o f Fish a nd W ildlife ( CDFW) r eceived a n otice f rom S PI requesting a d etermination p ursuant t o F ish a nd G ame Code se ction 2 080.1 t hat t he I TP a nd i ts r elated H CP are c onsistent w ith CE SA f or p urposes o f t he P roject and t he a nticipated i ncidental t ake o f t he ab ove l isted anadromous s pecies. ( Cal. R eg.

N otice R egister 2 023, Number 31–Z.) Determination CDFW h as d etermined t hat t he I TP a nd i ts r elated HCP a long w ith t he I ncidental T ake S tatement ( ITS) and i ts r elated B O, a re c onsistent w ith CE SA a s to t he Project a nd t he C overed S pecies, b ecause t he m itiga- tion m easures c ontained i n t he I TP a nd i ts r elated H CP meet t he c onditions set f orth i n F ish a nd G ame C ode

section 2 081, s ubdivisions (

b) a nd ( c), f or a uthorizing incidental t ake o f CE SA–listed s pecies. S pecifically, 1 P ursuant t o F ish a nd G ame C ode s ection 8 6, “ ‘ Take’ m eans hunt, p ursue, c atch, c apture, o r k ill, o r a ttempt t o h unt, p ursue, catch, c apture, o r k ill.” S ee a lso Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection ( 2008) 4 4 C al.4th 4 59, 5 07 ( for p urposes o f i ncidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “ ‘ take’ …means to catch, capture or kill”).

CDFW fi nds t hat: ( 1) t ake o f t he C overed S pecies w ill be i ncidental t o a n o therwise l awful a ctivity; ( 2) t he mitigation m easures i dentified i n t he I TP a nd i ts r elat- ed H CP w ill m inimize a nd f ully m itigate t he i mpacts of t he a uthorized t ake; ( 3) a dequate f unding is e nsured to i mplement t he r equired a voidance m inimization and m itigation m easures a nd t o m onitor c ompliance with, a nd e ffectiveness o f t hose m easures; a nd ( 4) t he Project w ill n ot j eopardize t he c ontinued e xistence o f any o f t he t hree s almonid p opulations.

T he m itigation measures i n t he I TP a nd i ts r elated H CP t hat w ill b e implemented b y S PI i nclude, b ut a re n ot l imited t o, t he following: Avoidance and Mitigation Measures

Section 1 0(a)(2)(

A) o f t he E SA r equires t hat a n H CP specify t he m easures t hat t he p ermittee w ill t ake t o minimize a nd m itigate t o t he m aximum e xtent p racti- cable t he i mpacts o f t he t aking o f a ny E SA–listed s pe- cies as a result of activities covered by the HCP . A l ist o f c onservation a ctions t hat w ill b e t aken i n the f uture t o a ddress p otential t ake is i ncluded i n T able 2 o f A ppendix L o f t he H CP .

E xamples o f a ctions t hat are p lanned i n t he i mmediate f uture i nclude up sizing existing s tream c rossings, a rmoring i nlets a nd o utlets of e xisting s tream c rossings, ro ad ab andonment, i n- stallation o f a 4 8–foot b ridge i n t he B attle C reek w a- tershed, i nstallation o f h ydrologic d isconnects, a nd replacing ro und c ulvert c rossings w ith s quashed p ipes to better facilitate movement of aquatic organisms.

A l ist o f c onservation a ctions f rom S PI’s 2 022 A nnu- al M onitoring R eport t hat h ave b een t aken t o a ddress the i mpacts o f t ake is i ncluded i n T able 1 o f A ppen- dix L o f t he H CP . E xamples o f t hese a ctions i nclude removal o f p oorly f unctioning c rossings, s tabilization and e nforcement o f e xisting s tream c rossings, s urfac- ing ro ad se gments w ith c lean ro ck t o c reate a m ore stable r unning s urface i n c lose p roximity o f e xisting stream c rossings, a nd i mproving t he o verall f unction of existing stream crossings.

Additionally, t he I TP r equires S PI t o c omply w ith the C alifornia F orest P ractice R ules ( CFPRs), w hich set p rescriptive s tandards f or n atural r esource p ro- tection m inimization m easures f or a ll a ctivities. T he list b elow s ummarizes t he s tandards c ontained i n t he CFPRs pa rticularly r elevant t o s almonid a nd a quatic habitat p rotection.

T he I TP a lso r equires S PI t o i mple- ment m easures t o m itigate u navoidable t ake, i ncluding use o f t he R oad E rosion a nd S ediment D elivery I ndex (READI m odel) a nd t he s upport o f E SA–listed s pe- cies r eintroduction e fforts p roposed b y N MFS. T hese measures a re d esigned t o p rotect r iparian r esources and w ater q uality. T his c ombination o f c onservation measures is e xpected t o m inimize a nd m itigate, t o t he maximum e xtent p racticable, t he i mpacts o f t ake o f the anadromous fish species addressed in the HCP .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1047 1. Erosion Control measures include limitations on tractor operations, standards and spacing for wa- terbreak installations, restrictions on timber op- erations in the winter period, and tractor road wa- tercourse crossing specifications. a. Tractors and other heavy equipment are re- stricted from operations that cause erosion, such as operating on skid roads or slopes when equipped with a blade and operating in unstable areas, slopes greater than 65 per- cent, or slopes with a high hazard rating.

Slash and debris shall not be placed in lo- cations where they could be discharged into nearby waterbodies. b. Waterbreak installations shall be seasonally restricted. Discharge from waterbreaks shall flow through some form of vegetative cov- er, duff, slash, rocks, or less erodible materi- al. Waterbreaks shall be maintained during timber operations so they minimize erosion and slope instability and prevent water qual- ity degradation. c.

During the winter period (November 15– April 1), mechanical site preparation and timber harvest are restricted unless a win- ter period operating plan is incorporated in the timber harvesting plan. The winter pe- riod operating plan shall include specific measures taken during the winter operat- ing period to avoid or minimize erosion, soil movement into watercourses, and soil com- paction from timber operations. d. Road crossings shall be kept to a minimum, and existing crossing locations shall be used when possible.

If a new watercourse cross- ing is required, it will be prepared using a structure, such as a bridge, culvert, or tem- porary log culvert. Crossing facilities on wa- tercourses supporting fish shall allow unre- stricted passage for all life stages that may be present. All tractor road watercourse cross- ing facilities shall be removed and stabilized before the winter operating period unless described in the winter operating plan and approved by the Director of the California Department of Forestry and Fire Protection (CAL FIRE). 2.

Site Preparation shall be planned and conducted in a manner to encourage maximum timber pro- ductivity, minimize fire hazards, prevent substan- tial adverse effects on soil resources and fish and wildlife habitat, and prevent degradation of water quality. Heavy equipment will not be used for site preparation under saturated soil conditions that may produce sediment discharge. Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in ac- cordance with requirements for tractor roads.

Undisturbed areas or energy dissipaters shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks, and erosion control facilities where it flows into site preparation areas. 3. Watercourse and Lake Protection conservation measures ensure that timber operations do not cause significant adverse site–specific and cumu- lative impacts on the beneficial uses of water and native aquatic and riparian–associated species, and the beneficial functions of riparian zones.

Protective measures include general limitations near watercourses, lakes, marshes, meadows, and other wet areas; watercourse and lake protection; reduction of soil loss; protection and restoration of the beneficial functions of the riparian zone in watersheds with listed anadromous salmonids; and Class I watercourses with confined channels in watersheds in the coastal anadromy zone. a. Several general mitigation measures apply to all watercourses and lakes. Trees shall be felled to lean away from watercourses and lakes.

Equipment shall be serviced in loca- tions to prevent grease, oil, or fuel from en- tering lakes or watercourses. Pesticides shall not be used, and snags and green wildlife trees shall be retained within watercourse protection zones. Accidental depositions of soil or other debris in lakes or watercourses shall be removed immediately.

Tractor roads shall not be constructed or used in water- courses and other wet areas, except at pre- pared tractor road crossings, crossings over dry watercourses, and at new and existing tractor road crossings as part of the Fish and Game Code process (Fish and Game Code § 1600 et seq.). Non–commercial vegetation bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justi- fied in the THP and approved by CAL FIRE. Where less than 50 percent canopy cover ex- ists, sanitation salvage will be the only per- mitted silvicultural prescription.

This will help protect stream functions and features, which include maintaining appropriate wa- ter temperature, streambed and flow modi- fication by large woody debris (LWD), fil- tration of organic and inorganic material, upslope stability, bank and channel stabili- ty, spawning and rearing habitat for salmo- nids, and vegetation structure diversity for fish and wildlife habitat. LWD recruitment

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 32-Z 1048 for instream habitat is provided by retaining core, inner and outer tree zone and canopy requirements as described in CFPR 936.9 and maintaining at least two live conifers (at least 16–inch dbh and 50 feet tall) within 50 feet of Class I and II watercourses in the Project Area. b.

Within the Watercourse and Lake Protection Zone (WLPZ), at least 75 percent surface cover and undisturbed area will be retained for wildlife habitat, to provide ground cov- er, and act as a filter strip to dissipate rain- drop energy and reduce potential surface erosion. Soil deposited during timber oper- ations will be removed, and debris deposit- ed during timber operations will be removed or stabilized before the conclusion of timber operations. Temporary crossings will be re- moved before the winter period unless ex- plained and justified in the winter operating plan and approved by the Director of CAL FIRE.

Heavy equipment will not be used in timber falling, yarding, or site preparation within the WLPZ unless explained and jus- tified in a Timber Harvest Plan or other har- vest document. c. Where 100 continuous square feet of ex- posed mineral soil exists within WLPZ ar- eas as a result of timb

Document details

CollectionCalifornia Z Register
CitationCal. Reg. Notice Reg. 2023, No. 32
Typegazette
Languageen
Formatpdf
SourceCA_ZREG
Identifier2d61abe3e5347342b9295be8b550a4d3640f809b

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California Regulatory Notice Register — Register 2023, No. 32-Z (AUGUST 11, 2023)

Cal. Reg. Notice Reg. 2023, No. 32

California Z Register

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