California Regulatory Notice Register — Register 2022, No. 22-Z (JUNE 3, 2022)

Cal. Reg. Notice Reg. 2022, No. 22

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 22-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JUNE 3, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM Definition of Parent–Child Relationships (PCR) — Notice File Number Z2022–0524–02 ....................... 625 TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Certification and Training — Notice File Number Z2022–0524–01 ........................................ 628 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Black Fig Fly Eradication Area — Notice File Number Z2022–0523–03 .................................... 633 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Japanese Beetle Exterior Quarantine — Notice File Number Z2022–0518–01 ............................... 635 TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM Conflict–of–Interest Code — Notice File Number Z2022–0523–06 ......................................... 638 TITLE 10. HEALTH BENEFIT EXCHANGE Average Statewide Monthly Premium — Notice File Number Z2022–0524–04 ............................... 638 TITLE 13.

DEPARTMENT OF MOTOR VEHICLES Confidential Records — Notice File Number Z2022–0523–01 ............................................. 641 TITLE 13. HIGHWAY PATROL Vehicle Sound Measurement — Notice File Number Z2022–0523–04 ....................................... 644 TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES Children’ s Community Crisis Homes and Enhanced Behavior Supports Homes — Notice File Number Z2022–0524–07 ................................................................ 645 TITLE 18.

STATE BOARD OF EQUALIZATION Conflict–of–Interest Code — Notice File Number Z2022–0524–03 ......................................... 649 (Continued on next page)

GENERAL PUBLIC INTEREST OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ........................................................ 650 FISH AND GAME COMMISSION Notice of Change of Date of Final Consideration of Petitions Hearing ...................................... 651 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2022–008–03, Stony Point Flats Apartments, Sonoma County ................................................................................. 651 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request Number 2080R–2022–007–01, Redwood National and State Park Visitor Center and Restoration Project, Humboldt County ....................................... 656 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Eureka Hill Road Bridge Seismic Retrofit Project, Tracking Number 2080–2022–009–01, Mendocino County ............................................... 658

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 659 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 625 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM NOTICE IS HEREBY GIVEN that the Board of Administration (Board) of the California Public Employees’ Retirement System (CalPERS) pro - poses to take the regulatory action described below after considering public comments, objections, or recommendations. I. PROPOSED REGULATORY ACTION In this filing, the Board proposes to amend

section 599.500, subdivision (o), in

Article 1, Subchapter 3 of

Chapter 2 of Division 1 of Title 2, of the California Code of Regulations (CCR), titled “Definitions.” (Hereafter “regulation 599.500”.) The proposed regulatory action seeks to clarify Parent–Child Relationship (PCR) de - pendent eligibility by implementing clear enrollment eligibility criteria and required supporting documen - tation for CalPERS health plan subscribers. II. WRITTEN COMMENT PERIOD Any interested person may submit written com - ments relevant to the proposed regulatory action. The written comment period has been established commencing on June 3, 2022 and closing on July 18, 2022.

The Regulations Coordinator must receive all written comments by the close of the comment pe - riod. Comments may be submitted via e–mail at Regulation_Coordinator@calpers.ca.gov or mailed to the following address: Andrew White, Regulation Coordinator California Public Employees’ Retirement System P.O. Box 942720 Sacramento, California 94229–2720 Phone: (916) 795–3038 III.

PUBLIC HEARING A public hearing will not be scheduled unless an in- terested person or their duly authorized representa - tive submits a written request to CalPERS for a public hearing no later than 15 days prior to the close of the written comment period. Notice of the time, date, and place of the hearing will be provided to every person who has filed a request for notice with CalPERS. IV. ACCESS TO HEARING ROOM The hearing room will be accessible to persons with mobility impairments, and it can be made accessible to persons with hearing or vision impairments upon advance request to the Regulation Coordinator.

V. AUTHORITY AND REFERENCE The Board has general authority to take regulatory action under Government Code (GC) sections 22750, 22775, 22794, 22796, and 22830. The Board has spe - cific authority to amend regulation 599.500, subdivi - sion (

o) pursuant to GC

section 22775. Reference citation: GC sections 22775. VI. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CalPERS provides health care benefits to State and contracting agency employees, annuitants, and el - igible family members under the Public Employees’ Medical and Hospital Care Act (PEMHCA). Pursuant to GC

section 22775, a family member includes a nat- ural, step and adopted child. Under GC

section 22775, the definition of “family member” specifically allows the Board to “prescribe age limits and other conditions and limitations pertaining to children.” PEMHCA regulations allow the definition of a fam- ily member to also include a child for whom the sub - scriber has assumed a parental role, labeled as a PCR dependent. A PCR is defined in PEMHCA regulation 599.500, subdivision (

o) as “intentional assumption of parental status, or assumption of parental duties by the employ- ee or annuitant, as certified by the employee or annui- tant at the time of the enrollment of the child, and an - nually thereafter up to the age of 26, unless the child is disabled as described in

section 599.500, subdivision (p).” PCR’s do not include foster children. Employees and annuitants or “subscribers” are re - quired to submit a signed Affidavit of Parent–Child Relationship form (HBD–40) at the time of enroll - ment and annually thereafter (up to the child reaching age 26). By signing this form, the subscriber agrees to provide the required supporting documentation.

However, existing regulations do not clearly define the types of supporting documentation required to certi - fy that a PCR dependent is financially dependent upon the employee or annuitant for more than fifty percent (50%) of their support. For PCR dependents 18 and un- der, a copy of the first page of a subscriber’s tax return

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 626 from the previous tax year listing the child as a de - pendent is required. In lieu of a tax return for a time not to exceed one tax filing year, the subscriber can submit other documents that substantiate the child’s financial dependence. However, the regulation does not currently specify what criteria to use for those em- ployees or annuitants who are not required to file tax - es and are unable to provide a copy of the first page of their tax return.

This lack of clarity leads to confusion amongst im - pacted subscribers and the inability for CalPERS and/ or the employer to properly assess an individual’s fi - nancial dependency upon the subscriber and ultimate- ly determine PCR eligibility.

The proposed regulatory amendments specify the required primary and secondary supporting docu - mentation required to certify a child is financially dependent upon the subscriber and clarifies the sup - porting documentation must contain the PCR depen - dent’s name and may not be older than sixty (60) cal - endar days from the date of signature of the Affidavit of Parent–Child Relationship. They will also provide guidance for individuals who are not required to file an income tax return.

Lastly, the Affidavit of Parent– Child Relationship (HBD–40) form, which is current- ly incorporated by reference in regulation 599.500, subdivision (o), is removed and various provisions currently set forth within the form be included in the body of the regulation. This will provide CalPERS the ability to make nonsubstantive formatting changes to the form as needed, without having to go through the formal rule making process.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The proposed regulatory action will remove the am- biguity from determining PCR dependent eligibility by implementing clear enrollment eligibility criteria for CalPERS health plan subscribers and increase pro- ductivity and efficiency in the workplace by stream - lining the enrollment processes among all State and contracting agency employers. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS CalPERS has evaluated and determined that the pro- posed regulations are not inconsistent, nor incompat - ible with existing State regulations.

There are no oth - er State regulations comparable to regulation 599.500 or as required to be identified pursuant to GC

section 11346.5, subdivision (a), paragraphs (3)(D). VII. EFFECT ON SMALL BUSINESS The proposed regulatory action does not affect small private businesses because it applies only to the State of California in its role as an employer and local con - tracting agencies and school districts that have con - tracted with CalPERS to provide health benefits cov - erage to their employees and annuitants, and State of California, local contracting agency and school dis - trict employees and annuitants. VIII. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Board has made the following initial determinations: A.

MANDATE ON LOCAL AGENCIES AND SCHOOL DISTRICTS: The proposed regulato - ry action does not impose requirements on local agencies and school districts that contract with CalPERS above and beyond the normal scope of determining health benefit eligibility. B. COST OR SA VINGS TO ANY STATE AGENCY: The proposed regulatory action will not reflect any cost or savings to any State agency. C. COST TO ANY LOCAL AGENCY OR SCHOOL DISTRICT: The proposed regulatory action will not impose costs to any local agency or school district. D. COST TO ANY LOCAL AGENCY OR SCHOOL DISTRICT WHICH MUST BE REIMBURSED IN ACCORDANCE WITH GC

SECTION 17500 THROUGH

SECTION 17630: There are no costs to any local agency or school district which must be reimbursed in accordance with GC

section 17500 through

section 17630. E. NONDISCRETIONARY COSTS OR SA VINGS IMPOSED ON LOCAL AGENCIES: The pro - posed regulatory action will not impose nondis - cretionary costs or savings on local agencies. F. COSTS OR SA VINGS IN FEDERAL FUNDING TO THE STATE: The proposed regulatory action will not result in costs or savings in federal fund- ing to the state. G. ADVERSE ECONOMIC IMPACT: The proposed regulatory action will not have a significant state- wide adverse economic impact directly affecting business, including the ability of California busi - nesses to compete with businesses in other states. H.

COST IMPACT ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES: CalPERS is not aware of any cost impacts that a private person or business would necessarily in - cur in reasonable compliance with the proposed action because the regulatory action only applies

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 627 to the State of California in its role as an employ- er, local contracting agencies and school districts that contract with CalPERS to provide health benefits coverage to their employees and annui - tants, and State of California and local contract - ing agencies and school districts that have con - tracted with CalPERS to provide health benefits coverage to their employees and annuitants, and State of California, local contracting agency and school district employees and annuitants. I.

EFFECT ON HOUSING COSTS: The proposed regulatory action has no effect on housing costs. J. RESULTS OF THE ECONOMIC IMPACT ANALYSIS OR THE STANDARDIZED REGULATORY IMPACT ANALYSIS: The pro- posed regulatory action will not: (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses with - in California; (3) affect the expansion of business- es currently doing business within California; or (4) affect worker safety or the State’s environment.

The proposed regulatory action benefits the health and welfare of California residents since it will pro - vide clarity regarding PCR dependent eligibil - ity criteria. This clarification will help sustain CalPERS Health Benefits Program’s integrity, which currently provides health benefits cover - age to more than one and one–half million active and retired State, local government, and school employees, and their family members. IX. CONSIDERATION OF ALTERNATIVES In accordance with GC

Section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board or that has other - wise been identified and brought to the attention of the Board, would be: ● more effective in carrying out the purpose of the proposed action, ● as effective as, and less burdensome to affected private persons than the proposed action, or ● more cost–effective to affected private persons and equally effective in implementing the statu - tory policy or other provision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at a hearing or during the written comment period. X. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Andrew White, Regulation Coordinator California Public Employees’ Retirement System P.O. Box 942720 Sacramento, CA 94229–2720 Telephone: (916) 795–3038 E–Mail: Regulation_Coordinator@CalPERS.CA.GOV Andrea Peters, Backup Regulation Coordinator California Public Employees’ Retirement System P.O.

Box 942720 Sacramento, CA 94229–2720 Telephone: (916) 795–1471 E–Mail: Regulation_Coordinator@CalPERS.CA.GOV Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the ini - tial statement of reasons, the modified text of the reg - ulations, if any, or other information upon which the rulemaking is based, to Andrew White, Regulation Coordinator at the contact information listed above. XI.

A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at 400 Q Street, Sacramento, CA 95811. As of the date this notice is published in the Notice Register. The rulemaking file consists of this notice, the proposed text of the regula- tion, and the Initial Statement of Reasons. Copies may be obtained by contacting the CalPERS Regulation Coordinator at the contact information listed in

Section X. For immediate access, the regulatory material regard- ing this action can be accessed at CalPERS’ website at www.calpers.ca.gov/regulations/regulatoryactions. XII. A VAILABILITY OF CHANGED OR MODIFIED TEXT After receiving comments from the public and con - sidering all timely and relevant comments received, the Board may adopt the proposed regulation substantial - ly as described in this notice.

If the Board makes mod- ifications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regula- tion as revised. Please send requests for copies of any modified regulation to the attention of the CalPERS Regulation Coordinator at the mailing address shown in

Section X. The Board will accept written comments

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 628 on the modified regulation for 15 days after the date on which it is made available. XIII. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting the CalPERS Regulation Coordinator at the contact information listed in

Section X. TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Certification and Training DPR Regulation Number 22–003 The Department of Pesticide Regulation (DPR) pro- poses to adopt Title 3, California Code of Regulations (3 CCR) sections 6509, 6512.1, 6512.2, 6512.3, 6512.4, 6580.1, 6580.2, 6624.5, and 6731; amend sections 6000, 6302, 6404, 6406, 6414, 6428, 6430, 6500, 6502, 6504, 6508, 6510, 6511, 6512, 6513, 6522, 6530, 6531, 6540, 6562, 6564, 6568, 6580, 6582, 6584, 6612, 6622, 6624, 6724, and 6742; and repeal sections 6445.5, 6534, 6536, and 6560.

The pesticide regulatory program activities affected by the proposal are those pertaining to the cer- tification of commercial and private pesticide applica- tors (“certified applicators”), development and submit- tal of continuing education (CE) courses required for pesticide applicator license or certificate renewal, and supervision of non–certified applicators. In

summary, the proposed regulations will align California’s regu - lations with the revised federal regulations in Title 40, Code of Federal Regulations

Part 171 “Certification of Pesticide Applicators” (40 CFR

Part 171) that were noticed in the Federal Register Vol. 82, Number 2 on January 4, 2017.

The proposed action will improve the competency standards for certified applicators using California restricted materials, which includes feder - ally restricted use pesticides (RUPs), improve certifi - cation standards for certified applicators, create addi - tional certification categories for certified applicators, increase protection for noncertified applicators using restricted materials under the direct supervision of a certified applicator through enhanced pesticide safety training and standards for supervision of noncertified applicators, establish a minimum age requirement for certified and noncertified applicators using restricted materials under the direct supervision of a certified applicator, and improve standards for CE courses.

In addition, new forms will be incorporated by reference and some forms currently incorporated by reference will be amended to align with the proposed action. SUBMITTAL OF COMMENTS Any interested person may present comments in writing about the proposed action to the agency con - tact person named below. Written comments must be received no later than 5:00 p.m. on July 19, 2022. Comments regarding this proposed action may also be transmitted via e–mail to < dpr22003@cdpr.ca.gov> or by facsimile at 916–324–1491. A public hearing is not scheduled.

However, one will be scheduled if any interested person submits a written request to DPR no later than 15 days prior to the close of the written comment period.1 EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does affect small businesses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW DPR’s mission is to protect public health and the en- vironment, in part by regulating and mitigating the ad- verse effects of pesticide use, including use of restrict- ed materials, which includes federally restricted use pesticides.

DPR regulates statewide licensing of com- mercial and private pesticide applicators, pest control businesses, dealers, and advisers; conducts environ - mental monitoring; pesticide product evaluation and registration; and pesticide residue testing of fresh pro- duce. This statutory scheme is set forth primarily in Food and Agricultural Code (FAC) Divisions 6 and 7. Additionally, per FAC

section 11501.5, the County Agricultural Commissioner (CAC) of each county, un- der the direction and supervision of the Director, shall assist in enforcing these FAC divisions and the regula- tions which are issued pursuant to them. The FAC also specifically requires that DPR adopt regulations to ensure pesticide applicators, pest con - trol businesses, dealers, advisers, and those working under direct supervision of a certified applicator have sufficient knowledge to safely and effectively perform pest control and related activities.

DPR’s licensing and certification regulatory requirements for these indi - viduals/entities, are designed to reduce the risk of pes- ticide exposure and injuries to pesticide applicators, the public, and the environment. This is accomplished through ensuring these individuals/entities meet min - imum competency standards, obtain continuing edu - cation, and receive the most comprehensive and up to date pesticide and pest management information. 1 If you have special accommodation or language needs, please include this in your request for a public hearing.

TTY/TDD speech–to–speech users may dial 7–1–1 for the California Relay Service.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 629 The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) establishes the United States Environmental Protection Agency’s (U.S. EPA) au - thority to approve a state’s pesticide applicator certifi- cation program pertaining to pesticide regulatory ac - tivities and establish a State Lead Agency (SLA) re - sponsible for such a program. On December 23, 1974, DPR (formerly part of California Department of Food and Agriculture) was designated as the SLA respon - sible for establishing and administering California’s pesticide applicator certification program, including the provisions contained within 40 CFR

Part 171. DPR is responsible for, at minimum, meeting the require - ments of 40 CFR

Part 171; however, DPR may choose to establish regulatory requirements that are stricter than those established in 40 CFR

Part 171. In 1974, U.S. EPA adopted 40 CFR

Part 171 “Certification of Pesticide Applicators” to ensure pes- ticide applicator certification program standards ade - quately protected applicators, the public, and the envi- ronment from risks associated with the use of RUPs. Since then, U.S. EPA has updated 40 CFR

Part 171 to enhance and improve programs that certify applica - tors of RUPs. On March 6, 2017, U.S. EPA ’s revisions to 40 CFR

Part 171 to enhance protections to individuals using or supervising the use of RUPs became effective. These revisions were noticed in the Federal Register, Vol. 82, Number 2. The revisions are intended to further re - duce the harmful effects caused to pesticide applica - tors, the public, and the environment from the use of RUPs by increasing the standards commercial and pri- vate applicators must initially and continually meet to be certified to handle or apply RUPs. RUPs are pesticidal products that U.S.

EPA has de - termined have the potential to cause adverse effects to the environment and have the potential to cause injury to applicators or bystanders if not used properly and according to label instructions. For these reasons, U.S. EPA requires RUPs to only be used by a certified ap - plicator or someone under the direct supervision of a certified applicator (40 CFR 152.170).

FAC sections 14004.5 and 14005 authorize the Director to adopt a list of restricted materials based upon criteria including danger of impairment of public health; hazards to applicators, farmworkers, domestic animals, and crops from direct application or drift; hazards related to persistent residues in the soil result- ing in the contamination of air, waterways, estuaries, or lakes; or hazards to subsequent crops. Because U.S. EPA and DPR designate pesticides as “restricted” for similar reasons, 3 CCR

section 6400(

a) designates that any pesticide labeled as an RUP as a California re - stricted material. Therefore, when restricted materials are referenced in this document, the reference includes RUPs. A California restricted material can only be sold in stores that have a DPR–issued dealer license autho - rizing the sale of restricted materials, and can only be purchased by certified applicators and, if purchasers are not structural pest control applicators, those with a restricted materials permit issued by the CAC. FAC

section 14001 authorizes DPR to regulate the use of restricted materials and FAC

section 14015 authorizes DPR to ensure that restricted materials are only pos - sessed or used by, or under the direct supervision of, a certified applicator. This statutory scheme allows DPR to ensure individuals using or supervising the use of restricted materials have demonstrated a level of com- petency to do so safely and in a manner that will not result in harm to human health or the environment. As the SLA for programs that certify pesticide ap - plicators using RUPs within California, under

Section 11 of FIFRA, DPR must ensure that all California state programs and associated regulations concern - ing the certification of pesticide applicators meet or exceed the federal regulations established by U.S. EPA in 40 CFR

Part 171. As the SLA, DPR coordi - nates with other agencies who maintain pesticide ap - plicator certification and training programs, including the Department of Consumer Affairs’ Structural Pest Control Board (SPCB) and the California Department of Public Health (CDPH), to ensure pesticide laws and regulations are being implemented consistent with the federal requirements. These agencies have their own set of regulations that are currently undergoing revi - sions for consistency with 40 CFR

Part 171 and DPR works closely with these agencies to ensure all re - quirements are met. To achieve this, DPR proposes to adopt, amend, and repeal regulatory requirements pertaining to the cer - tification and training of pesticide applicators in order to maintain at least the same level of protection as the revised federal regulations in 40 CFR

Part 171.

The proposed regulations will improve competency stan - dards for certified applicators using restricted materi - als, improve competency standards for private appli - cators using restricted materials, improve certification standards for certified applicators, improve standards for CE courses, create additional certification catego - ries for certified applicators, create additional certi - fication requirements for private applicators that use fumigants, increase protection for noncertified appli - cators using restricted materials (under direct super - vision of a certified applicator), and establish a min - imum age requirement for certified and noncertified applicators using restricted materials (under direct su- pervision of a certified applicator).

DPR proposes to have these regulations in effect on January 1, 2024. Adoption of these regulations will provide a benefit to certified applicators, pest control businesses, deal - ers, advisers, and noncertified applicators handling

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 630 restricted materials as well as the public and environ - ment. For example, noncertified applicators will re - ceive improved training on how to handle restricted materials and on the safe use of any equipment used for handling or applying pesticides, and all certified applicators will meet revised minimum competency standards, where applicable. These changes will re - duce improper applications and accidental exposure or poisonings.

Better trained applicators (certified or noncertified) will be better able to understand and fol- low pesticide use requirements, ensuring that appli - cations are made properly and follow requirements of pesticide product labeling, California laws and regu - lations, and any restricted material permit conditions. During the process of developing these proposed regulations, DPR conducted a search of any similar regulations on this topic and has concluded that these proposed regulations are neither inconsistent nor in - compatible with existing state regulations.

Although DPR and the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) have regulatory mandates to protect workers from health and safety hazards in workplaces, DPR enforces pesticide laws in workplaces where pes- ticides are used. In addition, DPR, the Structural Pest Control Board (SPCB), and the California Department of Public Health (CDPH) have overlapping mandates pertaining to pest control and related activities. In some instances, due to this overlap, DPR’s regulations supersede those of SPCB and CDPH.

For these rea - sons, DPR, as the SLA, coordinates with SPCB and CDPH to ensure pesticide laws and regulations are be- ing implemented consistent with, or more stringent than, federal requirements and to also ensure pro - posed amendments are not inconsistent nor incom - patible with these cooperating agencies established programs. Incorporated by Reference Forms: 1. Qualified Applicator License Application, LIC– 001 (Rev. 07/23) 2. Qualified Applicator Certificate Application, LIC–001A (Rev. 07/23) 3. Pest Control Business License Application, LIC– 042 (Rev. 07/23) 4.

Agricultural Pest Control Adviser Application, LIC–084 (Rev. 07/23) 5. Pest Control Aircraft Pilot Certificate Application, LIC–005 (Rev. 07/23) 6. Pest Control Dealer Designated Agent License Application, LIC–043 (Rev. 07/23) 7. Pest Control Business Renewal Application, LIC–192 (Rev. 07/23) 8. Individual License/Certificate Renewal Application, LIC–141 (Rev. 07/23) 9. In–Person Continuing Education Approval Request Application, LIC–131A (Rev. 07/23) 10. Interactive Online and Webinar Continuing Education Approval Request Application, LIC– 131B (Rev. 07/23) 11.

Continuing Education Additional Course Date Request, LIC–132 (Rev. 07/23) 12. Private Applicator Certificate Application, LIC– 045 (Rev. 07/23) IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts. DPR also determined that there are no costs to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq. CAC offices will be the local agencies responsible for enforcing the proposed regulations. As stated, DPR anticipates that there will be no fiscal impact to these agencies. DPR establishes an annual work plan with the CACs, which already requires the CACs to conduct pesticide use inspections and investi- gations and to enforce compliance with California cer- tification and training laws and regulations. CAC offices use a mix of State and local funding to fund their local pesticide use enforcement programs. The amount of funding the State gives to the CAC’s is fixed by FAC

section 12841(g)(1)(C), which says DPR must reimburse counties 7.6 mills of mill assess- ment for costs incurred by the counties for pesticide use enforcement. Pursuant to 3 CCR

section 6391, re- imbursement shall be made by April 1 of each year. DPR is not authorized to reimburse the counties more than the amount generated from 7.6 mills. Because the funding level from DPR does not change, the counties’ workload from this regulation is redirected at the ex - pense of other lower priority workload.

COSTS OR SA VINGS TO STATE AGENCIES DPR expects to see an increase in the number of individuals applying for and taking examinations to obtain a Qualified Applicator License (QAL) and/ or Qualified Applicator Certificate (QAC) in the new Non–Soil Fumigation category, the revised Soil Fumigation category, and/or existing categories that include activities previously conducted under the sub- categories being removed.

In addition, this increase in individuals applying and taking examinations also includes current private applicator certificate holders who must obtain a QAC and/or QAL to conduct cer - tain fumigation or “householder” activities. Lastly, DPR expects to receive new continuing education course applications from course sponsors who will be

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 631 required to align their courses with improved continu- ing education course requirements. The expected in - crease in revenue for individuals applying and taking examinations and new continuing education courses is estimated at $468,645 for fiscal year (FY) 2023/24, $82,715 for FY 2024/25, and $0 for FY 2025/26.

Costs to DPR would involve the processing of new licenses and certificates, examination administration, continuing education accreditation, study guide de - velopment, examination development, knowledge ex - pectation development, database management, main - tenance, and development, additional administrative costs associated with issuing and renewing additional licenses and certificates over the initial implementa - tion and lifetime of the regulation, administrative costs associated with retesting individuals on revised com - petency standards, and staffing costs to accommodate the increase in workload.

The expected cost to DPR is estimated at $517,302 for FY 2023/24, $517,302 for FY 2024/25, and $517,302 for FY 2025/26. The net impact of the regulation will be an increase to DPR’s costs. Net cost increases are estimated at $48,657 for FY 2023/24, $434,587 for FY 2024/25, and $517,302 for FY 2025/26. OTHER NONDISCRETIONARY COSTS OR SA VINGS IMPOSED ON LOCAL AGENCIES There are no other nondiscretionary costs or savings imposed upon local agencies that are expected to re - sult from the proposed regulatory action.

EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder - al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR made an initial determination that the pro - posed action will have no effect on housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR has made an initial determination that the adoption of this regulation will not have a signifi - cant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states.

The proposed regulations will bring California certi - fication and training regulations into alignment with the recently revised regulations in 40 CFR

Part 171. The estimated lifetime cost of the proposed regula - tion is $12.6 million (lifetime cost is over a 10–year period). DPR made this determination based on the economic impact report titled, “Economic Impact Analysis for California Rulemaking Pertaining to the Certification and Training of Pesticide Applicators,” listed in the “Documents Relied Upon”

section of the Initial Statement of Reasons for this proposed regula - tory action which is available from DPR. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The proposed regulations will bring California cer - tification and training regulations into alignment with the revised federal regulations in 40 CFR

Part 171. However, in some areas, DPR’s proposed regulations are more restrictive than 40 CFR

Part 171, or will re - quire a higher standard to be met. As a result, individ- uals and businesses who currently use fumigants (soil and non–soil), hold commercial applicator subcatego- ries, hold a private applicator certificate and perform ‘householder’ activities, or sponsor CE courses may be impacted by the proposed regulations.

Under the pro - posed regulations, these individuals or businesses may need to apply for and take examinations to obtain the new QAL and/or QAC Non–Soil Fumigation category, the revised Soil Fumigation category, or additional cat- egories needed to continue conducting activities cur - rently conducted under subcategories (which will no longer be available); apply for and take examinations to continue ‘householder’ activities currently under a private applicator certificate; or meet improved CE course standards.

In the short–term, the estimated ini - tial cost to individuals (1,100) is $594 and the estimat- ed initial cost to businesses (2,858) ranges from $45 to $1,800. Furthermore, the estimated annual cost to in - dividuals ranges from $438 to $594 and the estimated annual cost to businesses ranges from $33 to $1,534. In the long–term, according to the Economic Impact Analysis for California Rulemaking Pertaining to the Certification and Training of Pesticide Applicators prepared by Dr. Serhat Asci and Dr.

Srini Konduru and dated October 1, 2021, individuals (548,154) are anticipated to incur initial and annual costs of $3.85 and businesses (123,783) are anticipated to incur initial and annual costs of $3.00 to comply with the proposed regulations. These long–term estimates were calcu - lated using Impact Analysis for Planning (IMPLAN) software and data, and estimates the long–term im - pact faced by California at large.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 632 RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR has determined that the pro - posed regulatory action will not create any jobs and eliminate 15 jobs in California; is unlikely to result in the creation of new businesses or the elimination of existing businesses; and is unlikely to result in the expansion of businesses currently doing business with the State of California. The proposed regulations are designed to bring California certification and train - ing regulations into alignment with the revised federal regulations in 40 CFR

Part 171. The proposed regulations will provide a benefit to certified applicators, pest control businesses, dealers, advisers, and noncertified applicators handling re - stricted materials as well as the public and environ - ment. For example, noncertified applicators will re - ceive improved training on how to handle restricted materials and on the safe use of any equipment used for handling or applying pesticides, and all certified applicators will meet revised minimum competency standards, where applicable. These changes will re - duce improper applications and accidental exposure or poisonings.

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

AUTHORITY This regulatory action is taken pursuant to the au - thority vested by FAC sections 11456, 11502, 11502.5, 11702, 12005, 12024, 12111, 12203.1, 12781, 12976, 12981, 13145, 14001, 14005, 14102, 14151 and 14153.1.

REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 11401.2, 11407, 11408, 11456, 11501, 11502.5, 11701, 11702, 11703, 11704, 11705, 11707, 11708, 11733, 11791, 11901, 11902, 11903, 11904, 11905, 11908, 11909, 12021, 12024, 12103, 12104, 12105, 12106, 12110, 12116, 12201, 12202, 12203, 12252, 12400, 12401, 12404, 12971, 12972, 12973, 12980, 12980.1(c), 12981, 12991, 13145, 13186, 14001, 14006, 14006.6, 14010, 14011, 14011.5, 14015, 14035, 14091, 14092, 14093, 14095, 14096, 14102, and 14153.

A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the proposal is based, and a rulemaking file. A copy of the Initial Statement of Reasons and the proposed text of the regulation may be obtained from the agency contact person named in this notice. The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substan - tially the same as described in the Informative Digest. If DPR does make substantial changes to the regula - tion, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod - ified text should be addressed to the agency contact person named in this notice. DPR will accept written comments on any changes for 15 days after the modi - fied text is made available.

AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulation; and inquiries regarding the rulemaking file may be direct - ed to: Lauren Otani, Senior Environmental Scientist (Specialist) Department of Pesticide Regulation 1001 I Street, P.O. Box 4015 Sacramento, California 95812–4015 916– 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 633 Laurie Brajkovich, Environmental Program Manager I Enforcement Headquarters Branch 916–603–7796 This Notice of Proposed Action, the Initial Statement of Reasons, and the proposed text of the regulation are also available on DPR’s Internet Home Page < http:// www.cdpr.ca.gov>. Upon request, the documents can be made available in another language, or an alternate form as a disability–related accommodation. A VAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons mandated by Government Code

section 11346.9(

a) may be obtained from the contact person named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE TITLE 3 OF THE CALIFORNIA CODE OF REGULATIONS

SECTION 3591.29 The Department of Food and Agriculture (Department) proposes to adopt

Section 3591.29 of ti- tle 3 of the California Code of Regulations (CCR) per- taining to the Black Fig Fly Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulation to the Department.

Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on July 18, 2022. The Department will consider only comments received at the Department offices by that date or postmarked no later than July 18, 2022. Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 dean.kelch@cdfa.ca.gov Tel. (916) 261–9252 Questions regarding the substance of the proposed regulation should be directed to Dean Kelch.

In his absence, you may contact Erin Lovig at (916) 654– 1017 or erin.lovig@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the proposed regulation prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department of Food and Agriculture, at its own motion, or at the in - stance of any interested person, may adopt the propos- al substantially as set forth without further notice.

AUTHORITY The Department proposes to adopt

Section 3591.29 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (FAC) of California. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763, and 5764 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Food and Agriculture (Department) is proposing to adopt the

Section 3591.29 Black Fig Fly Eradication Area to provide au- thority for the Department, by the established means and methods, to eradicate infestations of black fig fly (Silba adipata McAlpine) from within the declared eradication areas. This regulation was originally ad - opted as an emergency regulation that became effec - tive on September 20, 2021 and expired on March 22, 2022. EXISTING LAWS & REGULATIONS Existing law, FAC

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 634 Existing law, FAC

Section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the feasibility of its control or eradication. Existing law, FAC

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and exter - minate or prevent the spread of any pest which is de - scribed in FAC

Section 5321. Existing law, FAC

Section 5761, provides that the regulations which are adopted pursuant to

Article 2 (commencing with

Section 5321) of

Chapter 5,

Part 1 of the FAC may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

Section 5762, provides that any pest with respect to which an eradication area has been proclaimed, and any stages of the pest, its hosts and carriers, and any premises, plants, and things infest - ed or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, FAC

Section 5763, provides that the director, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, FAC

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Any expenditures for the re - placement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The adoption of this regulation provides the nec - essary regulatory authority to eradicate a serious in - sect pest which is a mandated statutory goal. This reg- ulation is necessary to prevent the spread of BFF to un–infested areas of the State. The regulation ben - efits industries (nursery, fruit for domestic use and exports, packing facilities), the environment (urban landscapes), and the overall California economy by preventing the spread of BFF. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this regulation and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall conduct environmen- tal analysis pursuant to the California Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et. seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION Mandates on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. The Department has been conducting eradication actions throughout the State for over 30 years without causing significant impact on businesses.

Therefore, the Department does not anticipate that these amend - ments will affect small businesses. Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 635 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that this

Section 3280 amendment (1) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the cre - ation or elimination of businesses within the State of California, and (3) will have no impact on the expan - sion of businesses within the State of California. Small business determination: There are no known private sector cost impacts. There are no known specific benefits to worker safe- ty or the health of California residents.

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

The Department invites interested persons to pres - ent statements or alternatives during the written com - ment period. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).

Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed at this website or avail - able upon request. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

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

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer (contact) named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE TITLE 3 OF THE CALIFORNIA CODE OF REGULATIONS

SECTION 3280 The Department of Food and Agriculture (Department) proposes to revise title 3 of the California Code of Regulations (CCR)

Section 3280, subsection (

f) pertaining to Japanese Beetle Exterior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a writ - ten request for a public hearing to the Department no later than 15 days prior to the close of the written com- ment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS, FAX or email.

The writ - ten comment period closes on July 18, 2022. The Department will consider only comments received at the Department offices by that date or postmarked no later than July 18, 2022. Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 636 Questions regarding the substance of the proposed regulation should be directed to Dean Kelch. In his absence, you may contact Erin Lovig at (916) 654– 1017 or erin.lovig@cdfa.ca.gov, FAX number (916) 651–2900. Unless there are substantial changes to the pro - posed regulation prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the pub - lic.

Following the public hearing, if one is requested, or following the written comment period if none is requested, the Department of Food and Agriculture, at its own motion, or at the instance of any interest - ed person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3280 pursuant to the authority vested by Sections 407 and 5301 and 5302 of the Food and Agricultural Code (FAC) of California. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5021, 5311, 5701, and 6441 of the FAC and

Section 1094.5 of the Code of Civil Procedure (CCP). INFORMATIVE DIGEST/ POLICY STATEMENT OVERVIEW The California Department of Food and Agriculture (Department) adopted the

Section 3280 exterior quar - antine to provide authority for the State to protect the agricultural industry and the environment by prevent - ing the movement and spread of an injurious plant pest, Japanese beetle within California. These revi - sions clarify the regulation with regard to abatement procedures and fines for conveyances containing a Japanese beetle infestation. EXISTING LAWS & REGULATIONS Existing law, FAC

section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as he or she deems necessary to protect the agricultural industry of this State from pests. The regulations may establish a quarantine at the boundaries of this State or elsewhere within the State. Existing law, FAC

section 5302, provides that the Secretary may make and enforce such regulations as he or she deems necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and proclaimed pursuant to this division. Existing law, FAC

section 5021, provides that, un - less otherwise specified, any treatment which may be required pursuant to this division is at the risk and at the expense of the owner or person in charge or in pos- session of the property which is treated at the time of treatment. Existing law, FAC

section 5311, provides the secre- tary may levy a civil penalty against a person violating this regulation in an amount not to exceed two thou - sand five hundred dollars ($2,500) for each violation. The remainder of the

section outlines the procedures for implementing this fine and the appeals process. Existing law, FAC

section 5701, provides that if any pest exists on any premises, the Secretary may hold any plant or other host or possible carrier which is, or may be, capable of disseminating or carrying the pest. The Secretary shall notify the owner of the plant or other host or possible carrier, or his or her agent, of this action, and the issuance of any shipping permit or nursery stock certificate with respect to the plant or other host or possible carrier shall be refused and any such permit or certificate which has been previously issued shall be revoked. Existing law, FAC

section 6441, provides that if, af- ter inspection, any plant or thing is found to be in - fested or infected, the owner or bailee shall, at his ex - pense, disinfect the conveyance or place where the plant or thing may have been located, in such manner as to destroy all infection or infestation present, or that is liable to be present. Existing law, Code of Civil Procedure (CCP)

section 1094.5, provides that a review of the decision of the Secretary to impose a penalty may be sought by the person against whom the penalty was levied. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The implementation of this regulation will clarify the abatement responsibilities of the affected parties and the appeals process outlined in this regulation. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this regulation and has determined that it

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 637 is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A review pursuant to title 14 CCR

section 15060(

c) indicates that adoption of this regulation will not cause either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. DISCLOSURES REGARDING THE PROPOSED ACTION Mandates on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None Cost impacts on a representative private person or business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. The proposed amendments do not require any addi- tional treatment or costs above that of the existing reg- ulation.

Therefore, the Department does not anticipate that these amendments will affect small businesses. Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that this

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 638 TITLE 5. STATE TEACHERS’ RETIREMENT SYSTEM NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM NOTICE IS HEREBY GIVEN that the California State Teachers’ Retirement System (CalSTRS), pur - suant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on June 3, 2022, and closing on July 18, 2022. All inquiries should be directed to the contact listed below. CalSTRS proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: changes to position titles, addition and deletion of des- ignated positions, revisions to disclosure categories and other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 18, 2022, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than July 3, 2022. CalSTRS has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Brian Sytsma Special Counsel California State Teachers’ Retirement System (916) 414–1703 bsytsma@calstrs.com TITLE 10. HEALTH BENEFIT EXCHANGE

CHAPTER 12,

ARTICLE 4 ADOPT

SECTION 6466 Notice is hereby given that the Board of the California Health Benefit Exchange (the Exchange) proposes to make final the emergency regulations un - der Title 10, California Code of Regulations (CCR), sections 6466. These regulations were adopted as emergency regulations, became effective on April 8, 2021, and remain in effect until April 7, 2023.

Before undertaking this action, the Board of the Exchange will conduct written public proceedings, during which time any interested person, or such per - son’s duly authorized representative, may present statements, arguments, or contentions relevant to the action described in this notice. PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action. However, the Exchange will hold a hearing if it receives a written request for a public hearing for any interested person, or his or her autho - rized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Exchange. The written comment period closes on July 18, 2022. The Exchange will consider only comments received at the Exchange’s office by that time. Submit written com - ments to: Mariah Gonzales California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 639 Comments may also be submitted by facsimile (FAX) at 916–403–4468 or by e–mail to regulations@ covered.ca.gov. AUTHORITY AND REFERENCE Government Code

section 100504, subdivision (a) (6) authorizes the Board of Directors for the Exchange to adopt rules and regulations, as necessary. The pro - posed regulation implements, interprets, and makes specific Business and Professions Code,

section 7454. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws In March 2010, President Obama signed federal health reform legislation called the Patient Protection and Affordable Care Act (ACA). It created the oppor- tunity for each state to establish a state–based health insurance exchange to implement the ACA.

California chose to operate an exchange that is commonly known as “Covered California.” For purposes of this Notice, Covered California will be referred to as the “Exchange.” The Exchange’s mission is to increase the number of insured Californians, improve health care quality, lower costs, and reduce health disparities through an innovative, competitive marketplace that empowers consumers to choose their health plan. State law specifies the powers and duties of the ex - ecutive board of the Exchange. Government Code

section 100504, subdivision (a)(6) authorizes the Exchange’s Board of Directors to adopt rules and reg- ulations, as necessary. The Exchange proposes this permanent rulemaking in furtherance of its rulemak - ing authority to implement, interpret, and make spe - cific state law. Business and Professions Code

section 7454, add - ed by ballot initiative Proposition 22, requires network companies to provide quarterly healthcare subsidies for qualifying app–based drivers working on their platforms. Drivers that earn the healthcare subsidies can use them to purchase or offset the cost of health - care coverage, including individual coverage available through Covered California. Pursuant to Business and Professions Code

section 7454, subdivision (a), the amount of the available sub- sidy is a percentage based on driving hours of the “av- erage statewide monthly premium” for an individual for a Covered California bronze health insurance plan. Business and Professions Code

section 7454, subdi - vision (g), requires the Exchange to annually publish the “average statewide monthly premium for an indi - vidual for the following calendar year for a Covered California bronze health insurance plan” to enable network companies to calculate the required subsidy amount.

Summary of the Effect of the Proposed Regulation This proposed regulation implements, interprets, and makes more specific the statutory requirement that the Exchange annually publish the statewide monthly bronze premium, to allow network companies to issue healthcare subsidies to app–based drivers. Proposed Title 10 of the California Code of Regulations,

section 6466, subdivision (

a) states that the Exchange will annually publish the average state - wide monthly premium and identifies the Exchange’s public website as the location of the annual publica - tion. Proposed

section 6466, subdivision (

b) adopts the methodology the Exchange will use to calculate the “average statewide monthly premium” annual - ly. Proposed

section 6466, subdivision (

c) provides a definition relevant to the adopted methodology in sub- division (b). The proposed regulation will benefit the public by providing consistency and transparency to the annual calculation of the average statewide monthly premi - um for the purposes of the healthcare subsidy added by Proposition 22. The proposed regulation will also inform the public, including network companies re - quired to issue the healthcare subsidy to drivers, as to where to access the published information annually.

Anticipated Benefits of the Proposed Regulation The anticipated benefits of this proposed regulation include: ● Ensuring that impacted parties, including net - work companies and consumers, know where to access the average statewide monthly premium calculation annually; ● Providing consistency in the methodology for calculating the average statewide monthly premi- um for an individual; and ● Enabling network companies subject to Business and Professions Code

section 7454 to issue health- care subsidies to qualifying app–based drivers. Evaluation of Inconsistency/Incompatibility with Existing State Regulations After an evaluation of current regulations, the Exchange determined that this proposed regulation is not inconsistent or incompatible with any existing regulations. Substantial Difference from Existing, Comparable Federal Regulation/Statute None. JUSTIFICATION FOR DUPLICATION Pursuant to Title 1 of the California Code of Regulations, subdivision 12(b)(1), the proposed reg - ulation duplicates Business and Professions Code

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 640

section 7454, subdivision (

g) to satisfy the “clarity” standard of Government Code

section 11349.1, sub - division (a)(3). The duplicated language in proposed

section 6466, subdivision (

a) clarifies the methodolo - gy detailed in subdivision (

b) by indicating what the methodology pertains to and when the posting will oc- cur annually. DOCUMENTS TO BE INCORPORATED BY REFERENCE None. DISCLOSURES REGARDING THE PROPOSED ACTION The Exchange has made the following initial determinations: Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations None. Mandate on Local Agencies and School Districts None. The Exchange has determined that this pro - posed regulatory action does not impose a mandate on local agencies or school districts.

Cost to Any Local Agency or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500 Through 17630 None. This proposal does not impose costs on any local agency or school district for which reimburse - ment would be required pursuant to

Part 7 (com - mencing with

Section 17500) of Division 4 of the Government Code. Costs or Savings to State Agencies The proposal does not result in costs or savings to state agencies or the State General Fund. The Exchange is currently completely funded by assessments on pre- miums charged by Qualified Health Plans. Costs or Savings in Federal Funding to the State The proposal will not result in costs or savings in federal funding to the state. Other Nondiscretionary or Savings Imposed on Local Agencies None. This proposal does not impose other nondis - cretionary costs or savings on local agencies. Significant Effect on Housing Costs None.

Effect on Small Business This proposed regulation is not expected to affect small business within the State of California. The pro- posed regulation does not create or expand the opera - tions of any small businesses. Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States The Exchange has made an initial determination that the proposed regulations will not have a signifi - cant, statewide adverse economic impact directly af - fecting business.

Cost Impacts on a Representative Private Person or Business The Exchange 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. Business Reporting Requirement None.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Exchange concludes regarding the proposed regulation that it is: (1) unlikely to create or eliminate any jobs in the State; (2) unlikely to create or eliminate businesses within the State; (3) unlikely to impact the expansion of businesses currently doing business in California; and (4) likely to provide benefits to the health and wel - fare of California residents, (5) unlikely to provide benefits to worker safety and the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Exchange has deter - mined that no reasonable alternative considered or oth- erwise been identified and brought to the attention of the Exchange would be more effective in carrying out the purpose for which this 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 equal - ly effective in effectuating the purpose of the statute. This proposed action is the most effective in effectuat- ing the purpose of the statute.

The Exchange invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 641 CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Mariah Gonzales California Health Benefit Exchange (Covered California) 1601 Exposition Blvd. Sacramento, CA 95815 Telephone: (916) 281–2562 The backup contact person for inquiries concerning the proposed administrative action may be directed to: Anna Pifer–Foote Attorney California Health Benefit Exchange (Covered California) 1601 Exposition Blvd.

Sacramento, CA 95815 Telephone: (916) 281–2563 Please direct requests for copies of the proposed text of the regulation, the Initial Statement of Reasons, the modified text of the regulation, if any, or other infor - mation upon which the rulemaking is based to Anna Pifer–Foote at the above contact information. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION AND RULEMAKING FILE The Exchange will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date of this notice published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the Initial Statement of Reasons. Copies may be obtained by contacting Anna Pifer–Foote at the address or phone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After holding a hearing, if requested, and consid - ering all timely and relevant comments received, the Exchange may adopt the proposed regulation sub - stantially as described in this notice.

If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modified text available to the public for at least 15 days before the Exchange adopts the regulation as revised. Please send requests for copies of any modified regulations to the attention of Anna Pifer–Foote at the address indicated above. The Exchange will accept written comments on the modified regulations for 15 days af - ter 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 Anna Pifer–Foote at the above address. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulation in underline can be accessed through our website at http://hbex.coveredca.com/regulations/. TITLE 13. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) proposes to adopt

Section 360.00 in

Article 5.0,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, related to Administrative Law Judges participation in the confidential address program. 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 re - ceived at the department no later than July 18, 2022, the final day of the written comment period, 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 1808.4.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 642 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current law authorizes home address confidentiali - ty for qualifying persons in the department’s vehicle registration, driver license, and identification card re - cords reflecting the qualified person’s name. Vehicle Code

section 1808.4 identifies the occupations that al- low for a home address to be held as confidential, in - cluding law enforcement personnel, court employees, the Attorney General, a Member of the Legislature, and other high profile government officials, as well as many rank and file government employees for whom the release of their home address may pose a security risk.

The purpose of the confidential address program is to protect individuals from physical harm, harass - ment, or stalking, should their address become avail - able to members of the public who may be dissatisfied with the official action the person undertook as part of their employment with the identified government agencies and bodies. Vehicle Code

section 1808.4(a)(4) allows an address of an active or retired judge or court commissioner to be held as confidential. The department occasionally receives requests that the addresses of Administrative Law Judges also be held confidential. The department proposes to adopt

Section 360.00 to make clear that a person employed by an agency of the State of California in the civil service classification of Administrative Law Judge qualifies for participation in the confidential records program. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of oth - er state regulations and has concluded that these are the only regulations related to the confidential ad - dress program as it relates to Administrative Law Judges. Therefore, the proposed regulations are nei - ther inconsistent nor incompatible with existing state regulations.

COMPARABLE FEDERAL STATUTES OR STATE REGULATIONS There are no existing federal statues or regulations that govern the administration of confidential record programs. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference.

ECONOMIC AND FISCAL IMPACT DETER MI NATIONS 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 Local 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 Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses : None. The department is not aware of any cost impacts that a representative private person or business would necessarily in - cur in reasonable compliance with the proposed action. ● Small Business Impact: This proposed action will not impact small businesses. The confidential ad- dress program is accessible to qualifying individ- uals. The program has no impact on businesses and the adoption of

Section 360.00 will also have no impact 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 Division 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abil - ity of California businesses to compete with busi- nesses in other states : The department has made the initial determination that this action will not have a significant statewide adverse economic impact directly affecting business nor will it im - pact the ability of California businesses to com - pete with businesses in other states. This pro - posed 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 643 3) expand businesses currently doing business in the State of California. This action will benefit worker safety and the health and welfare of California residents by making con - fidential the address of Administrative Law Judges working for the State of California. Holding their ad - dress as confidential will protect Administrative Law Judges from potential harassment or harm from a member of the public who may be dissatisfied with an action taken by the Administrative Law Judge as part of their employment.

This proposed action is unlikely to benefit the state’s environment. 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 E–Mail: 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 propos - al is based.

The contact person identified in this no - tice shall make available to the public upon request the Express 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 re - quest, the Final Statement of Reasons and the loca - tion of public records, including reports, documen - tation 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 . AVAILABILITY 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 sufficiently related to the originally proposed text, the fully modi- fied 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 reg- ulations. Request for copies of any modified regula - tions 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 644 TITLE 13. HIGHWAY PATROL AMEND

ARTICLE 10, SECTIONS 1041 AND 1046 VEHICLE SOUND MEASUREMENT (CHP–R–2019– 06211) The California Highway Patrol (CHP) proposes to amend regulations in Title 13, of the California Code of Regulations (CCR), Division 2,

Chapter 4,

Article 10,

Section 1041,

Definitions, which defines and estab- lishes consistency throughout regulations and

Section 1046, Measurement Procedures for New Motor Vehicles, which adopts the most currently recognized Society of Automotive Engineers SAE International standards. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to Division 12, Equipment of Vehicles, commencing with

Section 27200 of the California Vehicle Code (CVC), the CHP shall establish test pro- cedures for new motor vehicle noise emissions, taking into consideration the procedures published by SAE International. The currently referenced SAE stan - dards in the CCR have become obsolete and are no longer recognized by SAE International. This amend - ment makes substantive changes to ensure California sound–level measurement procedures for new mo - tor vehicles align with current SAE standards. This amendment will repeal obsolete SAE testing proce - dures, presently adopted in Title 13, CCR,

Section 1046, and adopt the most currently recognized SAE standards. This amendment removes repealed authority–cited sections and includes a definition for the terms “sound” and “noise” in Title 13, CCR,

Section 1041. Anticipated Benefits of Proposed Regulations: This proposed regulatory action will continue to provide a nonmonetary benefit by protecting the health, safety, and welfare of California’s residents, workers, and environment through establishing pro - cedural standards for sound–level measurements to be used by manufacturers of new motor vehicles. The changes bring regulations into conformance with cur - rent SAE standards and clarify terms used within the regulation.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The CHP has determined the proposed regulations are neither inconsistent, nor incompatible, with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, the CHP has concluded these are the only regulations that concern vehicle sound measurement for new motor vehicles.

PUBLIC COMMENT Any interested person may submit written com - ments on the proposed action via facsimile at (916) 322–3154, by electronic mail to cvsregulations@chp. ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Officer Kasonja Pochop P.O. Box 942898 Sacramento, CA 94298–0001 Written comments must be received by July 18, 2022. PUBLIC HEARINGS No public hearing has been scheduled. If any per - son desires a public hearing, a written request must be received by the CHP, Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. AVAILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory ac - tion, the information upon which this action is based, and the proposed regulations text in strikeout and un - derline format. Requests to review or receive copies of this information should be directed to the CHP either at the above address, by facsimile at (916) 322–3154, or by calling the CHP, CVS, at (916) 843–3400.

All re- quests for information should include the following: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in case the information is incomplete or illegible. The rulemaking file is available for inspection. Interested parties are advised to call CHP, CVS, for an appointment. Additionally, documents regarding the proposed action are available through the CHP’s website at https://www.chp.ca.gov/News–Alerts/ Regulatory–Actions.

Any person desiring to obtain a copy of the adopted text and a final statement of rea - sons may request them at the above–noted address. Copies will also be posted on the CHP website. NOTE: The SAE standards to be incorporated by reference may only be viewed by appointment, due to copyright restrictions, at CHP Headquarters from Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except for state holidays.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 645 CONTACT PERSON Any inquiries concerning the written materials per - taining to the proposed regulations or the substance of the proposed regulations should be directed to Sergeant David Kelly or Officer Kasonja Pochop, at (916) 843–3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or substantive in nature, the full text of the resulting reg- ulations, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL DISCLOSURES AND RESULTS OF THE ECONOMIC IMPACT ANALYSIS The CHP has made an initial determination this proposed regulatory action: (1) will have no effect on housing costs; (2) will not impose any new mandate upon local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agen- cy, no cost to any local agency or school district for which Government Code (GC) Sections 17500–17630 require reimbursement, no cost or savings to any state agency, nor cost or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of California, nor result in the elimination of ex- isting businesses or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states.

Benefits of the Proposed Action: The proposed reg- ulations update sound–level measurement testing pro- cedures for new motor vehicles, and will continue to provide benefits, including the nonmonetary benefit of protecting public health and safety for residents, work- ers, and the environment, by providing a regulatory basis for new motor vehicle registration requirements. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The CHP 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. EFFECT ON SMALL BUSINESSES The CHP has determined the proposed regulatory action will not have an effect on small businesses. The action is intended to clarify and update the testing pro- cedures for sound–level measurements of new motor vehicles which are to be registered in California. CONSIDERATION OF ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine no reasonable alternative consid- ered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

The CHP invites interested parties to present statements or arguments with respect to alternatives to the proposed regula - tions during the written comment period. AUTHORITY This regulatory action is being taken pursuant to Sections 27200 and 38370, CVC. REFERENCE This action implements, interprets, or makes specif- ic

interpretations of Sections 27200 and 38370, CVC as mandated by the statute. TITLE 17. DEPARTMENT OF DEVELOPMENTAL SERVICES PROPOSED AMENDMENTS TO THE CHILDREN’S COMMUNITY CRISIS HOMES AND ENHANCED BEHA VIOR SUPPORTS HOMES The Department of Developmental Services (Department or DDS) proposes to amend the Children’s Community Crisis Homes (CCH) and Enhanced Behavior Supports Homes (EBSH) regu - lations as described below after considering all com - ments, objections, and recommendations regarding the proposed action. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS The public comment period for this regulatory ac - tion will begin on June 3, 2022, and closes on July

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 646 18, 2022. To ensure the Department will consider your comment it must be received by the Department no later than July 18, 2022 . When commenting, please indicate the proposed rulemaking action to which your comment refers. Any interested person or his or her representative may submit comments relevant to the proposed reg - ulatory action to the Department by personal deliv - ery, postal mail service, or electronic submittal as de - scribed in detail below.

Comments sent to persons and/or addresses other than that specified, or received after the date and time specified above, may be includ- ed in the record of this proposed regulatory action, but will not be summarized or responded to regardless of the manner of transmission.

For consideration, written comments shall be sub - mitted as follows: Postal Mail or Hand Delivery: Department of Developmental Services Legislation, Regulations & Public Affairs RE: CCH and EBSH 1215 O Street MS 9–10 Sacramento, CA 95814; or Electronic Submittal: https://www.dds.ca.gov/ transparency/laws–regulations/ emergency–and–proposed–regulations/ “Please note: Public comments should not in - clude any personal or medical information, as your written and oral comments, and attachments be - come part of the public record and can be released to the public upon request under the California Public Records Act (Gov.

Code, § 6250 et seq.).” PUBLIC HEARING A public hearing is not currently scheduled; howev- er, any interested person may request the Department to conduct a public hearing. A public hearing will be held if any interested person, or their duly authorized representative, requests a public hearing to be held rel- evant to the proposed action by submitting a written request to the contact person identified in this notice fifteen (15) days prior to the close of the 45–day com- ment period.

If a request for public hearing is received, the time, date, and location of the public hearing will be provided by separate notice. The Department shall consider all comments received regarding the propos - al equally, whether submitted in writing or through oral testimony at a public hearing AUTHORITY AND REFERENCE Welfare and Institutions Code (WIC), Sections 4698, 4698.1, 4684.81, and 4684.86 and Health and Safety Code (HSC),

Section 1180.2 authorize the Department to adopt these proposed regulations. The proposed regulations implement, interpret, and make specific Sections 4648, 4695.2, 4698, 4698.1, 4684.81, and 4684.86 of the WIC, and Sections 1180.1, 1180.4, and 1567.81 of the HSC. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW Sections Affected : Proposed amendments to Sections 59000, 59001, 59002, 59006, 59007, 59008, 59009, 59010, 59011, 59012, 59022, 59050, 59051, 59052, 59054, 59055, 59056, 59057, 59058, 59059, 59060, 59061, 59062, 59063, 59064, 59065, 59066, 59067, 59068, 59069, 59070, 59071 and 59072.

Title 17, California Code of Regulations (CCR). Proposed adoption of new Articles 5.5 and 6.5 and new Sections 59009.5, 59010.1, 59010.2, 59010.3, 59010.4, and 59010.5, Subchapter 23, Title 17, CCR, for CCH. Proposed adoption of new Articles 5.5 and 6.5 and new Sections 59060.1, 59060.2, 59060.3, 59060.4, and 59060.5, Subchapter 24, Title 17, CCR, for EBSH. The Department has reorganized the EBSH regu - lations to mirror the arrangement of the CCH regula - tions.

The Department proposes to renumber Sections 59054 to 59060, 59055 to 59063, 59056 to 59059, 59057 to 59064, 59058 to 59065, 59059 to 59066, 59060 to 59054, 59061 to 59055, 59062 to 59056, 59063 to 59057, 59064 to 59058, 59065 to 59067, 59066 to 59068, 59067 to 59069, 59068 to 59070, 59069 to 59071, 59070 to 59061, 59071 to 59062. Furthermore, the Department proposes to renumber Articles 4 to 6, 5 to 8, 6 to 5, 7 to 9, 8 to 4, 9 to 10, and 10 to 7.

The Initial Statement of Reasons includes a crosswalk on page 4, which identifies the proposed rearrange - ment and allows for a side–by–side comparison of the regulations.

Documents Incorporated by Reference ● Department Form DS 6024 (Revised 9/2021) en- titled “Rate Development — Individual Costs Associated with Residency” ● Department Form DS 6023 (Revised 9/2021) en- titled Rate Development — Facility Costs ● Repealed Department Form DS 6024 (Revised 10/2016) entitled “Rate Development — Individual Costs Associated with Residency” ● Repealed Department Form DS 6023 (Revised 10/2016) entitled Rate Development — Facility Costs

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 647

Summary of Existing Laws and Effect of the Proposed Regulatory Action: The Department is responsible for administering the Lanterman Act. The Lanterman Act, WIC,

Section 4500 et seq., was enacted to reduce institutionaliza - tion of people with developmental disabilities and pre- vent their dislocation from their home communities. Under the Lanterman Act, people with developmen - tal disabilities have a right to services and supports in the least restrictive environment. With the reduced reliance on restrictive institutional and out–of–state placements, there is a need to increase community ca- pacity and develop new alternatives, particularly for the most difficult–to–serve consumers. Furthermore, pursuant to the Lanterman Act, WIC,

Section 4500 et seq., people with developmental disabilities, as de - fined in WIC,

Section 4512(a), receive, as an entitle - ment, services and supports based on their individual needs and choices. 2012 Budget Trailer Bill language Assembly Bill (AB) 1472 imposed a moratorium on admissions into state developmental centers and closure plans for the remaining state developmental centers arose from 2015 Budget Trailer Bill language Senate Bill (SB) 82.

With the reduced reliance on costly and restric - tive institutional and out–of–state placements, there is a need to increase community capacity and develop new alternatives, particularly for the most difficult– to–serve consumers, including those with challenging behaviors. To continue the development of alternative liv - ing arrangements, SB 856 (Committee on Budget and Fiscal Review,

Chapter 30, Statutes of 2014) re - quired the Department to develop the residential op - tion of Community Crisis Homes, as well as Enhanced Behavioral Supports Homes. As part of the 2019–20 State Budget package, SB 81 amended and added numerous sections of law per - taining to Human Services, including amendments which require the Department to develop guidelines around the use of restraint or containment in commu - nity crisis homes.

The Department is now undertaking the regular rulemaking process to make the Children’s Community Crisis Homes emergency regulations per- manent and to align the Enhanced Behavioral Supports Homes with the same regulations. The proposed adoption of these regulations on a permanent basis is necessary to permit the contin - ued availability of the residential options and to es - tablish program standards, consumers’ rights protec - tions, and other requirements for these homes, includ- ing the guidelines around the use of restraint or con - tainment in Community Crisis Homes and Enhanced Behavioral Supports Homes.

The proposed regulations clarify and interpret WIC

Section 4684.86. The authorizing statutes permit but do not require the establishment of Community Crisis Homes and Enhanced Behavioral Supports Homes, as well as the program standards for their development.

The amendments proposed in this rulemaking action would add specificity and greater detail regarding the program standards which include program plan re - quirements, staffing structure, staff qualifications and training, requirements and timelines for the comple - tion and updating of consumers’ individual behavior supports plans, admission and continued stay require - ments, requirements for ensuring appropriate services and supports are provided at the time of admission, the rate methodology, and assurances of consumer rights and protections. Comparable Federal Regulations: None.

Anticipated Objectives and Benefits of the Proposed Regulations: The broad objective of the proposed regulatory ac - tion is to ensure that the guidelines around the use of restraint or containment in EBSH and CCH are clear and precise.

The benefit of these regulations is in fur - thering the intent of SB 856 and the Lanterman Act: to minimize institutionalization by establishing com - munity living options to meet the needs of individ - uals with challenging behaviors and who would oth - erwise be at risk of admission to or continued place - ment in more restrictive, locked institutional settings, or placement out of state.

Further benefits anticipated from the proposed regulations are to protect the rights of consumers admitted to EBSH and CCH, including periodic reassessments of the continued appropriate - ness of the placement for each consumer by providing clear standards and requirements for EBSH and CCH program plans and staff. The proposed adoption of these regulations on a permanent basis is necessary to permit the continued availability of the residential op- tions authorized by SB 856 and to establish program standards, consumers’ rights protections, and other re- quirements for these homes.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations (Gov. Code, § 11346.5(a)(3)(D)): During the process of developing the proposed reg - ulatory action, the Department conducted a search of any similar regulations on this topic and determined that these proposed regulations are not inconsistent or incompatible with existing regulations. MANDATED BY FEDERAL LAW OR REGULATIONS (Gov. Code §§11346.2(

c) and 11346.9) The proposed regulatory action is not mandated by federal law or regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 648 DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on Local Agencies or School Districts: None. Cost or Savings to any State Agency: The Department anticipates no additional costs, apart from the costs associated with the implemen - tation and operation of the CCH and EBSH pro - grams, which are included in the annual Budget. The Department estimates a savings to state government in the current State Fiscal Year of $395,000 to $900,000.

Cost or Savings to Any Local Agency or School District which must be Reimbursed in Accordance with Government Code, Sections 17500 through 17630: None. Other Non–Discretionary Costs or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: The Department has determined that the proposed regulations would not create costs in federal funding to the State. The Department estimates a savings on federal funding of state programs in the current State Fiscal Year of approximately $197,500 to $450,000.

Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: None. Significant Effect on Housing Costs: None. Cost Impacts on Representative Private Persons or Businesses: In developing this regulatory proposal, the Department evaluated the potential economic impacts on representative private persons or businesses. 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.

Results of the Economic Impact Analysis/Assessment In accordance with Government Code,

Section 11346.3(b), the Department has made the following assessments regarding the proposed regulations: The Creation or Elimination of Jobs within the State of California Developing regulations for Community Crisis Homes and Enhanced Behavioral Supports Homes will not significantly affect the creation or elimination of jobs within the state of California.

The Creation of New or Elimination of Businesses within the State of California The proposed regulations establish procedures, consumer safeguards, and program standards relat - ed to development of Community Crisis Homes and Enhanced Behavioral Supports Homes. No new busi - nesses in California will be created or existing busi - nesses eliminated. The Expansion of Businesses currently doing Business within the State of California. The proposed regulations establish procedures, consumer safeguards, and program standards relat - ed to development of Community Crisis Homes and Enhanced Behavioral Supports Homes.

There will be no expansion of businesses currently doing business within the state as a result of the proposed regulations. Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The proposed regulations are expected to improve the health and welfare of California residents with de- velopmental disabilities by filling an unmet need and enabling the development of previously unavailable community living alternatives for individuals who re - quire intensive services and supports due to challeng - ing behaviors.

The proposed regulations benefit the general welfare of people with developmental disabil- ities by furthering the intent of the Lanterman Act, as well as the federal Americans with Disabilities Act, to support their integration into the community. The pro- posed regulations will not affect the health and welfare of California residents in general and will not affect worker safety or impact the state’s environment. Small Business Determination (Cal. Code Regs., Title 1, § 4(

A) and (B)) DDS has determined under California Code of Regulations, Title 1,

Section 4, that the proposed reg - ulatory action would not affect small businesses as a result of these regulations because the proposed reg - ulations only affect certain individual consumers who reside in an EBSH or CCH. Business Report (Gov. Code, §§ 11346.5(a)(11) and 11346.3(d)) In accordance with Government Code sections 11346.5, subdivisions (a)(11) and 11346.3, subdivision (d), the department finds the reporting requirements of the proposed regulatory action which apply to busi- nesses are necessary for the health, safety, and welfare of the people of the State of California. CONSIDERATION OF ALTERNATIVES (Gov. Code, § 11346.5(a)(13)) In accordance with Government Code

Section 11346.5, subdivision (a)(13), the Department must

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 649 determine that no reasonable alternative it considered, or that has otherwise been identified and brought to the attention of the Department would be more effec - tive 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 per - sons and equally effective in implementing the statu - tory policy or other provisions of law. CONTACT PERSONS (Gov.

Code, § 11346.5(a)(14)) Inquiries concerning the substance of the proposed regulatory action may be directed to the Department’s representative, Catherine Knight, Assistant Deputy Director, at (916) 952–5475 or her backup, Tiffani Andrade, Assistant Deputy Director, at (916) 654–3016. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE (Gov.

Code, § 11346.5(a)(16)) The Department has compiled a record for this rulemaking action which includes all the information upon which the proposal is based, including an Initial Statement of Reasons (ISOR) for the proposed regu - latory action, the proposed text (the “express terms”) of the regulation and the Economic and Fiscal Impact Statement (STD. 399). Copies of the ISOR and the full text of the proposed regulatory language, in un - derline and strikeout format to allow for compari - son with existing regulations, may be accessed on the Department’s website listed below.

Please direct re - quests for physical hard copies of the documents to Sunday Balalis, Legislative and Regulations Analyst at (916) 653–0732 or Sunday.Balalis@dds.ca.gov. Due to COVID–19 restrictions please contact Sunday Balalis to make an appointment to review the rulemaking file in person. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice.

If the Department makes modifications that are suffi - ciently related to the originally proposed text, it will make the modified text (with the changes clearly in - dicated) available to the public for at least 15 days be- fore adopting the regulations as revised. Please send requests for copies of any modified regulations to the contact person(

s) listed above. If substantive modifi - cations are made, the Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, Final Statement of Reasons (FSOR) will be available on the Department’s Internet website for this rulemaking listed below. Copies may also be requested from the Department contact per - sons listed above.

A VAILABILITY OF DOCUMENTS ON THE INTERNET This notice, the Initial Statement of Reasons, the proposed regulation text, and all subsequent regu - latory documents, including the FSOR, when com - pleted, will be made available on the Department’s Internet website for this rulemaking at https:// www.dds.ca.gov/transparency/laws–regulations/ emergency–and–proposed–regulations/. TITLE 18. STATE BOARD OF EQUALIZATION PROPOSED AMENDMENTS TO CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the State Board of Equalization (Board), pursuant to Government Code (Gov. Code)

section 87306 of the Political Reform Act (Gov. Code, § 81000 et seq.), proposes to amend California Code of Regulations, title 18,

section (Regulation) 6001, General Provisions, Appendices A and B, which contain the Board’s Conflict of Interest Code (Code). The purpose of the amendments is to implement Government Code sections 87300 through 87302, and

section 87306. Government Code sections 87300 and 87302 require each government agency to adopt a conflict–of–inter - est code designating the agency personnel who must periodically file a Form 700 Statement of Economic Interests, disclosing certain economic interests. Designated personnel are those who make or partici - pate in making governmental decisions that may fore- seeably have a material financial effect on an econom- ic interest. (Gov.

Code, § 87302, subdivision (a).) The Board proposes to amend its conflict–of– interest code to include employee positions that make or participate in making governmental decisions that may foreseeably have a material financial effect on an economic interest, as set forth in Government Code

section 87302, subdivision (a).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 22-Z 650 These amendments implement classification and organizational changes that have taken place at the Board since the Code was last amended on April 3, 2015. The proposed amendments update Appendix A to the Code to list only those positions at the Board that make or participate in the making of decisions which may foreseeably have a material financial effect on any financial interest as required by Government Code

section 87302, subdivision (a). Therefore, the Board proposes to delete positions that are no longer used at the Board from Appendix A, and add new po - sitions that make or participate in the making of deci - sions which may foreseeably have a material financial effect on any financial interest to Appendix A.

The proposed amendments update the disclosure catego - ries listed in Appendix B for the purpose of narrowly tailoring the disclosure requirements assigned to each position listed in Appendix A to the position’s job du- ties, and to differentiate between similar positions list- ed in Appendix A with different levels of responsibil - ity. Copies of the proposed amendments to the Code are available to interested persons, are available on the Board’s website ( https://www.boe.ca.gov/regs/ regscont.htm) and may be requested from the Contact Person set forth below.

The State Board of Equalization (Board) proposes to amend its conflict–of–interest code to include em - ployee positions that involve making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set fort in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected person. Any interested person may submit written state - ments, arguments, or comments related to the pro - posed amendments by submitting them in writing no later than July 18, 2022 or at the conclusion of the pub- lic hearing, if one is requested, whichever comes lat - er, to the agency contact set forth below. The Board has not scheduled a public hearing on the proposed amendments.

However, it will hold a hearing if it re - ceives a written request for a hearing from any inter - ested person, or their representative, 15 days before the close of the written comment period on July 3, 2022. The State Board of Equalization (Board) has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will no

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2022, No. 22
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	35b8d2fb766f535b40ad4d348d7219604145d565

Source file is stored in the law ingest library (pdf).