California Regulatory Notice Register — Register 2023, No. 18-Z (MAY 5, 2023)

Cal. Reg. Notice Reg. 2023, No. 18

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 18-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 5, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0425–05 ........................................ 615 AMENDMENT MULTI–COUNTY: Area 4 Agency on Aging Aspire Public Schools East Bay Regional Park District TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Employment Status Notifications — Notice File Number Z2023–0424–04 .................................... 616 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

Definitions Related to Peace Officer Certification — Notice File Number Z2023–0424–05 ...................... 618 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Peace Officer Certificates — Notice File Number Z2023–0425–01 ......................................... 620 TITLE 14. DEPARTMENT OF PARKS AND RECREATION Grants and Cooperative Agreement Program Regulations — Notice File Number Z2023–0425–03 ............... 622 TITLE 14.

DEPARTMENT OF PARKS AND RECREATION/OFFICE OF HISTORIC PRESERV ATION State Historic Rehabilitation Tax Credit — Notice File Number Z2023–0425–09 .............................. 629 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Institutional Executive Review Committee — Notice File Number Z2023–0418–03 ............................ 632 TITLE 16. ARCHITECTS BOARD/LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE Form of Examinations — Notice File Number Z2023–0421–01 ............................................ 635 (Continued on next page)

GENERAL PUBLIC INTEREST BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL Notice of Correction for previously published Title 24 Notice on April 21, 2023, concerning 2022 California Electrical Code SFM 04/22 ........................................................... 637 BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL Notice of Correction for previously published Title 24 Notice on April 21, 2023, concerning 2022 California Mechanical Code SFM 05/22 ......................................................... 638 BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL Notice of Correction for previously published Title 24 Notice on April 21, 2023, concerning 2022 California Plumbing Code SFM 06/22 ........................................................... 639 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Public Comment Period and Workshops — Air Toxic Hot Spots Program ............................ 640 DEPARTMENT OF FISH AND WILDLIFE Tenmile Creek Streambank Erosion Prevention and Riparian Restoration Project, Mendocino County ............................................................................... 641 DEPARTMENT OF FISH AND WILDLIFE Green Diamond Aquatic Habitat Conservation Plan and Candidate Conservation Agreement, Consistency Determination Number 2080–2023–004–01, Del Norte and Humboldt Counties .................... 643 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080R–2023–005–05, Santa Clara River Restoration Project, Ventura County ................................................................................. 646 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Announcement and Primary Agenda of the Carcinogen Identification Meeting ................................ 648

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 649 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 https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 615 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Area 4 Agency on Aging Aspire Public Schools East Bay Regional Park District A written comment period has been established commencing on May 5, 2023 and closing on June 20, 2023.

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

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

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

Any written comments must be received no later than June 20, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 616 mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1003 EMPLOYMENT STATUS NOTIFICATIONS Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 11346.8, any interested person, or their duly authorized repre - sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by June 19, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Michelle Weiler 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (author - ity of POST), PC

section 13506 (POST authority to adopt regulations), and PC

section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

section 13510, which authorizes POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hir- ing eligibility requirements. SB 2 also grants POST the authority to certify all peace officers in Califor - nia, and subsequently take action against those certi - fications, should POST determine serious misconduct occurred.

While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. This rulemaking action clarifies and makes specific the information required to be submitted on the Af- fidavit of Separation, POST Form 2–357 to be more appropriately aligned with the requirements of Penal Code

section 13510.9(d). The regulatory amendment proposed in this rulemaking action will clarify the reasons for sepa - ration, including whether it was during probation; whether the separation is related to allegations of se - rious misconduct; and/or the result of a resolution or settlement. The proposed amendment also provides for a signed acknowledgment by the separating peace officer if they are served with a copy in person or a copy of the mailing receipt if a copy of the form was provided to the separating officer using a mail or cou- rier service.

Specific instructions have also been add - ed to the form to clarify what information is expected in each section. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarity regarding the information required to be reported on the Affidavit of Separation, POST Form 2–357. This will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving public health, safety, and welfare in the state.

The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that this is the only regulation that concerns processes and procedures for making employment status notifications.

FORMS INCORPORATED BY REFERENCE The proposed amendments primarily affect the Af- fidavit of Separation, POST Form 2–357, which is in- corporated by reference. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 617 Costs 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. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity regarding the information required to be reported on the Affidavit of Separation, POST Form 2–357. Thus, law enforce- ment standards are maintained and effective in pre - serving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630 at (916) 227–4870. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

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

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

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 618 for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1201

DEFINITIONS RELATED TO PEACE OFFICER CERTIFICATION Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 13503 (authority of POST), PC

section 13506 (POST authority to adopt regulations), and PC

section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

section 13503(e), which authorizes POST to establish a certification program for peace officers in the state of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hir- ing eligibility requirements. SB 2 also grants POST the authority to certify all peace officers in Califor - nia, and subsequently take action against those certi - fications, should POST determine serious misconduct occurred.

While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. This rulemaking action clarifies and makes spe - cific the definition of terms related to peace officer certification. The regulatory amendment proposed in this rulemaking action will provide additional clarity by providing

definitions for additional terms related to peace officer certification: “Active,” “division,” “Im - mediate Temporary Suspension,” “Inactive,” and “Ineligible.” Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarity by provid- ing

definitions for additional terms related to peace of- ficer certification. This will increase the efficiency of the state of California in delivering services to stake - holders. Thus, law enforcement standards are main - tained and effective in preserving public health, safety, and welfare in the state. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that this is the only regulation that concerns processes and procedures for general qualifications to be an instructor in peace officer train- ing in the state. FORMS INCORPORATED BY REFERENCE There are no forms to be incorporated by reference. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Costs 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 619 Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create or eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

definitions for additional terms related to peace offi - cer certification. Thus, law enforcement standards are maintained and effective in preserving peace, protec - tion of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630, at (916) 227–4870. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 620 To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1202 PEACE OFFICER CERTIFICATES Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 13503 (author - ity of POST), PC

section 13506 (POST authority to adopt regulations), and PC

section 13510 (Senate Bill 2). This proposal is intended to interpret, implement, and make specific PC

While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. This rulemaking action provides additional clari - ty related to requirements for obtaining peace officer certification and how to qualify for professional peace officer certificates.

The regulatory amendment proposed in this rulemaking action will address Police Chiefs appoint - ed without a valid Basic Certificate; removes the Basic Certificate exemption for law enforcement agencies who do not participate in the POST program; corrects an incorrect regulatory reference; clarifies acceptable education units when applying for professional certif - icates; and clarifies that POST shall cancel any cer - tificate obtained through misrepresentation, fraud, or administrative error, not just professional certificates.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarity related to requirements for obtaining peace officer certification and how to qualify for professional peace officer cer - tificates. This will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and ef - fective in preserving public health, safety, and welfare in the state. The proposed amendments will have no impact on worker safety or the state’s environment.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that this is the only regulation that concerns processes and procedures related to requirements for obtaining peace officer certifica - tion and how to qualify for professional peace officer certificates. FORMS INCORPORATED BY REFERENCE There are no forms to be incorporated by reference.

DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 621 Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create or eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity related to requirements for obtaining peace officer certification and how to qualify for professional peace officer cer - tificates. Thus, law enforcement standards are main - tained and effective in preserving peace, protection of public health, safety, and welfare in California.

There would be no impact that would affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 622 this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 14. DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM REGULATIONS NOTICE IS HEREBY GIVEN the California Department of Parks and Recreation (Department) proposes to amend the regulations and documents in - corporated by reference described below after consid- ering all comments, objections and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Department proposes to amend the California Code of Regulations, Title 14, Division 3,

Chapter 15 (CCR) Sections 4970.01, 4970.03, 4970.05.1, 4970.06.1, 4970.07.2, 4970.08, 4970.08.1, 4970.08.2, 4970.09, 4970.10, 4970.10.1, 4970.13, 4970.17.1, 4970.19, 4970.19.2, 4970.20, 4970.23.2, 4970.24.1, and 4970.26. PUBLIC HEARING The Department has scheduled a telephonic public hearing on the proposed rulemaking. The hearing will be held on June 20, 2023. The meeting will commence at 2 p.m.

Conference Line: 1 916 409 6039 Phone conference ID: 786 198 766# Any interested person, or his or her authorized rep - resentative, may present oral or written statements, arguments, or contentions relevant to the proposed ac- tion described in the Informative Digest. The Depart - ment may impose reasonable limits on oral presenta - tions. The Department requests, but does not require, persons making oral comments at the hearings also submit a written copy of their testimony. Additional - ly, pursuant to Government Code

Section 11125.1, any information presented to the Department during the open hearings in connection with the subject matter open to discussion or consideration becomes part of the public record. Such information shall be retained by the Department and shall be made available upon request. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relative to the proposed rulemaking to the Department. The written comment period ends on June 19, 2023. The Department will consider only written comments re - ceived at the Department’s office by that time.

Written comments may be mailed to the following address: California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division Attention: Sixto J. Fernandez, Grants Manager Grants and Cooperative Agreements P.O. Box 842896 Sacramento, CA 94296 Written comments delivered by email will also be accepted by the Department. Written comments may be submitted by email to OHV.Grants@parks.ca.gov. Electronic mail must be received by the deadline giv - en above. AUTHORITY AND REFERENCE Authority Citation: The proposed amendments are authorized by Public Resources Code (PRC) Sections 5001.5 and 5003.

Reference Citation: The particular code sections implemented, interpreted, or made specific by these proposed amendments are PRC Sections 5020.1(j), 5024.1, 5090.01 through 5090.65 and 21000 et seq.; Vehicle Code Sections 38001 and 38006; Education Code Sections 210.3 and 66010.4; 25 CFR

Section 83.5(a); 40 CFR

part 1500.1 et seq.; U.S. IRC

Section 501(c)(3); USC Title 42,

Section 4371. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations PRC

Section 5090.01 et seq., also known as the Off–Highway Motor Vehicle Recreation (OHMVR) Act of 2003, as amended, governs the OHMVR Divi - sion’s grants and cooperative agreements with cities, counties, Districts, U.S. Forest Service, U.S. Bureau of Land Management, other Federal Agencies, State and Federally Recognized Native American Tribes, Nonprofit organizations, Educational Institutions, Certified Community Conservation Corps, and State agencies. The Grants and Cooperative Agreements Program (Program) is administered by the OHMVR Division within the Department.

The Program allows the State to assist eligible agencies and organizations to devel - op, maintain, expand and manage high–quality off– highway vehicle (OHV) recreation areas, roads, trails,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 623 and other facilities, while responsibly maintaining the wildlife, soils, and habitat in a manner that will sustain long–term OHV recreation. Assistance is provided in the form of project–specific grant funding. Grants are awarded through a competitive process where appli - cants and their projects are evaluated using objective criteria.

Effect of the Proposed Rulemaking Generally, the proposed regulatory revisions will make the regulatory language more concise, clear, and consistent by amending Program regulations and var - ious documents within the Appendix, incorporated by reference. Specifically, the proposed regulatory revisions would:

Article 1: General Provisions CCR

Section 4970.01: Amend CCR

Section 4970.01(

e) and (qq): Specific purpose: The specific purpose of this amendment is to revise existing terminology to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3.1. Amend CCR

Section 4970.01(

e) Specific purpose: The specific purpose of this amendment is to update numbering of 4970.01(

f) through 4970.01(qq) to reflect the alphabetical order of the

definitions with the change from “State Recog - nized Native American Tribe” to “California Native American Tribe”. Benefit/Necessity: The updated numbering is necessary to ensure that

definitions are organized alphabetically. Amend CCR

Section 4970.01(u): Specific Purpose: The specific purpose of this amendment is to correct the word “statues” to read “statutes”. Benefit/Necessity: The proposed amendment is nec- essary to correct a spelling error within the definition of “Good Standing”. Amend CCR

Section 4970.01(v): Specific Purpose: The specific purpose of this amendment is to revise existing regulatory terminol - ogy to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3.1. Amend 4970.03(a)

(6) Specific Purpose: The specific purpose of this amendment is to revise existing regulatory terminol - ogy to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3. Amend 4970.03(

b) Table 1: Specific Purpose : The specific purpose of this amendment is to revise existing regulatory terminol - ogy to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3. CCR

Section 4970.05: Amend 4970.05.1(d): Specific Purpose: The specific purpose of this amendment is to relocate subsection (

f) to subsection (

d) in order to improve the flow of information. Benefit/Necessity: The proposed amendment is nec- essary to improve the flow of information regarding the subject matter being presented. Amend 4970.05.1(e): Specific Purpose: The specific purpose of this amendment is to relocate subsection (

o) to subsection (

e) to improve the flow of information and include lan- guage that broadens the number of recognized gov - ernmental agencies that can investigate applicants. Benefit/Necessity: The proposed amendment is necessary to improve the flow of information about the information being presented. Additionally, the amendment ensures that applicants who may be under investigation by any government agency cannot apply to the Program until such investigation is complete. Restricting an investigative body solely to the Attor - ney General is too restrictive and does not adequately safeguard the taxpayer’s funds.

Amend 4970.05.1(f)(1–2): Specific Purpose: The specific purpose of this amendment is to adjust the numbering of this

section following the movement of subsections (

d) through (e). Benefit/Necessity: The proposed amendment is nec- essary to reduce confusion with regards to informa - tion being presented.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 624 Amend 4970.05.1(g)(2): Specific Purpose: The specific purpose of this amendment is to ensure applicants are aware that in - ventories of equipment must include heavy equipment. Benefit/Necessity: The proposed amendment is nec- essary as equipment, in its regulatory definition, does not include items classified as heavy equipment. The Division must also maintain records of heavy equip - ment purchased by a grantee through the program.

Amend 4970.05.1(g)(1–8): Specific Purposes : The specific purpose of this amendment is to renumber sections 1–8 to improve clarity for reading. The content of subsection (g) (1–8) has not changed. Benefit/Necessity: The proposed amendment is nec- essary to reduce confusion regarding information be - ing presented. The content of subsection (g) (1–8) has not changed. Amend 4970.05.1(g)(5)(

D) Specific Purpose: The specific purpose of this amendment is to require land manager letters state how HMP and Soils Plan requirements will be ad - dressed by both the land manager and the applicant if the project requires such reports. Benefit/Necessity: The proposed amendment is necessary to ensure that both the applicant and the land manager have communicated and recorded how each party will be participating in the HMP and Soils process. Repeal 4970.05.1(o): Specific Purpose: The specific purpose of this amendment is to remove this

section and move it to 4970.05.1(e). Benefit/Necessity: The proposed amendment is nec- essary to reduce confusion regarding information be - ing presented. Subarticle 1: Environmental Requirements CCR

Section 4970.06.1 Amend 4970.06.1(c): Specific Purpose: The specific purpose of this amendment is to revise existing regulatory terminol - ogy to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3.1.

Amend 4970.06.1(c)(1): Specific Purpose: The specific purpose of this amendment is to revise existing regulatory terminol - ogy to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3.1 CCR

Section 4970.07.2 Amend 4970.07.2(f)(4): Specific Purpose: The specific purpose of this amendment is to include heavy equipment as an item which associated costs can be decreased or eliminated by the Division. Benefit/Necessity: The proposed amendment is nec- essary as equipment, in its regulatory definition, does not include items classified as heavy equipment. This amendment is necessary to ensure that heavy equip - ment costs submitted by grantees to the Division can be reviewed and adjusted by staff to only allow for the reimbursement of actual costs. CCR

Section 4970.08 Amend 4970.08 (b)

(6) Specific Purpose: The specific purpose of this amendment is to remove “etc.”. Benefit/Necessity: The proposed amendment is nec- essary to eliminate a redundancy within the parenthe - sis and to improve the readability and clarity of the text. Amend 4970.08 (b)(9)(

B) Specific Purpose: The specific purpose of this amendment is to provide specific examples of eligible costs and documentation related to transportation of which are accepted by the Division. Benefit/Necessity: The proposed amendment is necessary to specify what documentation will be ac - cepted by the Division in order to be reimbursed for transportation costs. The revision to the language are common ways transportation fees can be documented.

Amend 4970.08(b)(10): Specific Purpose: The specific purpose of this amendment is to provide clarity to grantees that all written material containing the “OHV Funds at Work” logo must have Division approval prior to publishing and distribution to the public. Benefit/Necessity: This proposed amendment is necessary to ensure consistent and appropriate mes - saging to the public regarding various written materi - als funded by the Program.

Amend 4970.08(b)(10): Specific Purpose: The specific purpose of this amendment is to update the title of the logo that is to appear on materials funded by the Division and main- tain consistency throughout the CCR. Benefit/Necessity: The proposed amendment is nec- essary to ensure that applicants are aware of the prop-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 625 er name of the logo that needs to go on grant funded publications. Amend 4970.08(b)(10)(A): Specific Purpose: The specific purpose of this amendment is to specify that all grant funded materi - als be available to the public for free. Benefit/Necessity: The proposed amendment is nec- essary to ensure that all materials funded by the Pro - gram be made available to the public for free. Repeal 4970.08(b)(11): Specific Purpose: The specific purpose of this amendment is to disallow the renting or leasing of a facility for office space.

Benefit/Necessity: Past misuse of leased or rented facilities paid for with grant funds for purposes not directly related to OHV use and the inability for Divi- sion staff to uniformly enforce appropriate facility use has led to this change being proposed. The proposed amendment is necessary to ensure that taxpayer funds are being spent appropriately and are being used on activities that are directly related to OHV Recreation in California. Amend 4970.08(b)(12): Specific Purpose: The specific purpose of this amendment is to renumber the

section following the repeal of

section 4970.08 (b) (11). Benefit/Necessity: The proposed amendment is nec- essary to retain consistent numbering within the CCR. Amend 4970.08.1(c)

(4) Specific Purpose: The specific purpose of this amendment is to specifically state that repairs to equipment purchased with Program funds may be re - imbursed upon Division approval and only at a license repair facility. Benefit/Necessity: The proposed amendment is necessary to ensure that work on Program purchased equipment be done by qualified repair personnel to en- sure proper repair is completed. Amend 4970.08.1(c)

(5) Specific Purpose: The specific purpose of this amendment is to renumber the

section following the addition of

section 4970.08.1(c)(4). Benefit/Necessity: The proposed amendment is nec- essary to retain consistent numbering within the CCR. CCR

Section 4970.08.2 Amend 4970.08.2(a)

(2) Specific Purpose: The specific purpose of this amendment is to add “mileage” as a method for a grantee to seek reimbursement for fuel costs. Benefit/Necessity: The proposed amendment is nec- essary to provide the grantee flexibility to recover fu - els costs for the project aside from only gas receipts. It also provides guidance to the grantee that fuels costs can only be reimbursed for actual costs. Amend 4970.08.2(b)

(2) Specific Purpose: The proposed amendment is nec - essary to provide the grantee flexibility to recover fu - els costs for the project aside from only gas receipts. It also provides guidance to the grantee that fuels costs can only be reimbursed for actual costs. Sections 2–4 were formerly combined and needed to be separated out for clarity; the subsection’s language and intent has not changed. Benefit/Necessity: The proposed amendment is nec- essary to provide the grantee flexibility to recover fu - els costs for the project aside from only gas receipts. It also provides guidance to the grantee that fuels costs can only be reimbursed for actual costs. Adopt 4970.08.2(b)

(3) Specific Purpose: The specific purpose of this amendment is to provide clarity to the grantee that maintenance costs may be reimbursed if the mainte - nance is consistent with the equipment’s manufactur - er’s maintenance schedule. Additionally, this amend - ment requires that all maintenance be completed by a licensed repair facility. Sections 2–4 were formerly combined and needed to be separated out for clarity; the subsection’s language and intent has not changed. Benefit/Necessity: The proposed amendment is nec- essary to provide the grantee further clarity on how maintenance costs for equipment may be recovered through the Program. Amend 4970.08.2(b)

(4) Specific Purpose: The specific purpose of this amendment is to update the numbering of the

section following the adoption of section (3). Sections 2–4 were formerly combined and needed to be separated out for clarity. The subsection’s language and intent has not changed. Benefit/Necessity: The proposed amendment is nec- essary to be consistent with the numbering system within the current regulations. Amend 4970.08.2(

c) Benefit/Necessity: The specific purpose of this amendment is to specify that a grantee may only seek reimbursement for transportation costs at their actual cost. Specific Purpose: The proposed amendment is nec - essary to maintain consistency with sections of the regulations that state transportation costs may not ex - ceed actual costs. CCR

Section 4970.09 Amend 4970.09 (b)

(15) Specific Purpose: The specific purpose of this amendment is to disallow the renting or leasing of a facility for office space. Benefit/Necessity: Past misuse of leased or rented facilities paid for with grant funds for purposes not directly related to OHV use and the inability for Divi-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 626 sion staff to uniformly enforce appropriate facility use has led to this change being proposed. The proposed amendment is necessary to ensure that taxpayer funds are expended appropriately and are used in ways that are directly related to OHV recreation in California. This amendment is consistent with the repeal of CCR

section 4970.08(b)(11).

Article 2: Project Types and Specific Application Requirements. CCR

Section 4970.10 Amend 4970.10(

f) table 3 Specific Purpose: The specific purpose of this amendment is to revise existing terminology to be consistent with current nomenclature when referring to Native American Tribes within California. Benefit/Necessity: The proposed amendment is nec- essary to update terminology used in these regulations when referring to Native American Tribes within Cal- ifornia. The revised language uses the current no - menclature used in California Public Resources Code 21080.3. CCR

Section 4970.10.1 Repeal 4970.10.1(d)

(3) Specific Purpose: The specific purpose of this amendment is to repeal a

section that has become ir - relevant to the ground operations project type. Benefit/Necessity: The proposed amendment is nec- essary as the

section contains requirements that are irrelevant for ground operations activities when those activities are conducted for emergency purposes. Amend 4970.10.1(d)

(4) Specific Purpose: The specific purpose of this amendment is to update the numbering of the

section following the removal of section (3). Benefit/Necessity: This amendment is necessary to remain consistent with the numbering system within the regulations. CCR

Section 4970.13 Amend 4970.13 (e)(2)(

B) Specific Purpose: The specific purpose of the amendment is to remove reference to the “loan pro - gram”, which no longer exists. Benefit/Necessity: This amendment is necessary to remove reference to a program to loan grantees safety equipment that the Division no longer offers.

Article 3: Application Evaluation System and Funding. CCR

Section 4970.17.1 Amend 4970.17.1(

f) Specific Purpose: The specific purpose of this amendment is to revise the expiration date of the con- tingency list. Benefit/Necessity: The proposed amendment is nec- essary to allow the Division to fully utilize unused grant funds during any given grant cycle.

Article 4: Project Administration Process CCR

Section 4970.19 Amend 4970.19(

d) Specific Purpose: The specific purpose of this amendment is to achieve consistency of terms used within the CCR when using the defined term “Good Standing”. Benefit/Necessity: The proposed amendment is nec- essary for clarity and consistency in the use of special- ized terminology within the CCR. CCR

Section 4970.19.2 Amend 4970.19.2 Specific Purpose: The specific purpose of this amendment is to specify that project amendments will only be needed solely for time extensions. Benefit/Necessity: The proposed amendment is nec- essary to ensure that grantees are made aware that changes to the Project Cost Estimate will no longer require a formal amendment. CCR

Section 4970.20 Amend 4970.20 Specific Purpose: The specific purpose of this amendment is to ensure grantees have the same reg - ulatory management requirements for regular equip - ment, heavy equipment and trailers. Benefit/Necessity: The proposed amendment is nec- essary to ensure that equipment, heavy equipment, and trailers are cared for and managed in a consistent manner. Amend 4970.20(

a) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. Amend 4970.20(

b) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. Amend 4970.20(b)

(1) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 627 Amend 4970.20(b)

(2) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. Amend 4970.20(

d) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. Amend 4970.20(

e) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. Amend 4970.20(

f) Specific Reason: The specific purpose of this amendment is to increase readability by reducing redundancy. Benefit/Necessity: The proposed amendment is nec- essary to ensure that requirements related to equip - ment, heavy equipment, and trailers are clear to understand. CCR

Section 4970.23.2 Amend 4970.23.2(

f) Specific Reason: The specific purpose of this amendment is to promote consistency throughout the CCR as GPS coordinates and photos are required doc- umentation for payment advances but were not previ - ously listed as such for payment reimbursements. Benefit/Necessity: The proposed amendment is nec- essary to ensure grantees provide GPS coordinates and photos of project areas for payment reimburse - ments like the requirement for payment advances. CCR

Section 4970.24.1 Amend 4970.24.1(a)

(3) Specific Purpose: The specific purpose of this amendment is to update the submission requirements for project documentation. Benefit/Necessity: The proposed amendment is necessary to require grantees provide necessary doc - uments in an electronic format as opposed to “hard copies”. Electronic documentation has become a more effective and efficient way to maintain official records within the Program. Amend 4970.24.1(a)

(5) Specific Purpose: The specific purpose of this amendment is to provide consistency with equipment, heavy equipment and trailers with regards to pro - viding photos to the Program and the affixing of the “OHV Funds at Work” logo requirement. Benefit/Necessity: The proposed amendment is nec- essary to ensure consistency in the regulatory require- ments of equipment, heavy equipment and trailers. Adopt 4970.24.1(

e) Specific Purpose: The specific purpose of this amendment is to require grantees obtain Division ap - proval prior to any modifications to the project cost estimate. Benefit/Necessity: The proposed amendment is nec- essary to prevent a grantee from making unilateral changes to the project cost estimate. Adopt 4970.24.1(e)(1): Specific Purpose: The specific purpose of this amendment is to clarify to grantees that any change to a project cost estimate made without prior Division approval may not be reimbursed. Benefit/Necessity: The proposed amendment is nec- essary to ensure effective communication between the grantee and the Division as it relates to the expendi - tures of grant funds.

Article 5: Contacting the OHMVR Division. CCR

Section 4970.26 Amend 4970.26(

a) Specific Purpose: The specific purpose of this amendment is to update the mailing address for the Division. Benefit/Necessity: The proposed amendment is nec- essary to ensure that correspondence reaches the Di - vision at its most current address. Amend 4970.26(

c) Specific Purpose: The specific purpose of this amendment is to update the contact information for the Program, namely the removal of the fax number and the updating of the email address. Benefit/Necessity: The proposed amendment is necessary to ensure that correspondence reaches the Program at its new email address, and to reflect the removal of a fax number that is no longer associated with the Program. Comparable Federal Regulations The proposed amendments do not duplicate or con - flict with federal regulations or statutes.

Policy Statement Overview and Anticipated Benefits of the Proposed Rulemaking The overall objective of the proposed action is to im- prove the Program’s regulatory language, documents incorporated by reference, and ensure public funds are

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 628 being spent wisely and within the State’s best interest in supporting motorized recreation. These proposals, based on Division experience im - plementing the Program, will also reduce confusion for applicants and grantees and make the regulatory language concise, clear, and consistent by adopting, amending, and repealing Program regulations and various documents within the Appendix, incorporated by reference.

Determination of Inconsistency/Incompatibility with Existing Regulations After conducting an evaluation for any regula - tions related to this area, the Department has found that there are no other regulations concerning grants that supports the planning, acquisition, development, maintenance, administration, operation, enforcement, restoration, and conservation of trails, trailheads, ar - eas, and other facilities associated with the use of off– highway motor vehicles, and programs involving off– highway motor vehicle safety or education.

Therefore, the Department has determined that the proposed reg- ulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE Grants and Cooperative Agreements Program — Appendix (Rev. 1/21) MANDATED BY FEDERAL LAW OR REGULATIONS None. OTHER STATUTORY REQUIREMENTS None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on Local Agencies and School Districts: None. Cost to any Local Agency or School District: None. Cost or Savings to any State Agency: None.

Other Non–Discretionary Cost or Savings Imposed of Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Significant Effects on Housing Costs: None. Significant Statewide Adverse Economic Impact Di- rectly Affecting Businesses, Including Ability to Com - pete: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department finds that jobs, at worst would not be affected, but, mostly likely may see an increase in the creation of jobs.

Additionally, the Department finds that at worst, no new business will be created, and no business will be eliminated; however, the De - partment finds that it is likely that private businesses may be created and or expanded because of the pro - posed action. This regulatory action benefits the health and wel - fare of California residents by improving the funding method that assists land managers and partners to pro- vide recreational opportunities within the State.

This regulatory action also benefits the State’s environment by improving the funding method that supports re - source protection and restoration activities related to OHV recreation. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The Division 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 None. SMALL BUSINESS DETERMINATION The Department has determined there are no cost impacts on small businesses. Program history has shown that small businesses benefit by the Program.

Many of the grant funds go to entities that utilize small businesses when they purchase goods and services. The proposed changes will provide a more streamline and efficient program that should boost the ability of small business to capture revenue from the various grantees. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or has other - wise 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 affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 629 The Department invites interested persons to pres - ent statements or arguments with respect to alter - natives to the proposed regulation during the public comment period or at the public hearing. CONTACT PERSON(

S) Inquiries concerning the proposed action may be directed to: Sixto J. Fernandez, Grants Manager California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division P.O. Box 842896 Sacramento, CA 94296 (916) 324–1572 sixto.fernandez@parks.ca.gov. The back–up contact person regarding the proposed action is: Katie Buesch, Grant Administrator California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division P.O.

Box 942896 Sacramento, CA 94296 (916)–639– 4587 Caitlyn.buesch@parks.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF REASONS, TEXT OF PROPOSED REGULATION, AND RULEMAKING FILE The Department will make the entire rulemaking available for inspection and copying throughout the rulemaking process at its office located at California Department of Parks and Recreation, Off–Highway Motor Vehicle Recreation Division, 715 P Street, Sac- ramento, CA 95814.

As of the date this Notice of Proposed Rulemaking is published in the Notice Register, the rulemaking file consists of this Notice of Proposed Rulemaking, the express terms of the regulation, the Initial Statement of Reasons, any information upon which the proposed rulemaking is based, and an economic impact assess - ment contained in the Initial Statement of Reasons. Copies may be obtained by contacting the above con - tact person at the above address.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After any public hearings and consideration of all timely and relevant comments received, the Depart - ment may adopt the proposed regulations substantially as described in this Notice of Proposed Rulemaking. If the Department makes substantive modifications, which are sufficiently related to the originally pro - posed 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.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting Sixto Fernan- dez, Grants Manager at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulation in underline and strikeout is available through the Division website at www.ohv.parks.ca.gov, under the grants link. TITLE 14.

DEPARTMENT OF PARKS AND RECREATION/OFFICE OF HISTORIC PRESERVATION The California Office of Historic Preservation (OHP) proposes to adopt the regulations described be- low after considering all comments, objections, and recommendations regarding the proposed action. It is anticipated that the California Tax Credit Allo - cation Committee (CTCAC) will also adopt proposed regulations to implement their responsibilities under SB451 after considering all comments, objections, and recommendations regarding their proposed action. PUBLIC HEARING The OHP has not scheduled a public hearing on this proposed action.

However, OHP will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized repre - sentative, 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 OHP. Submit comments by email to info.calshpo@parks.ca.gov or by FAX to (916) 445–7053. The written comment pe- riod closes on June 20, 2023. OHP will consider only comments received at the OHP office by that time.

Comments may also be mailed in writing to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 630 California Office of Historic Preservation Attention: Aubrie Morlet 1725 23rd Street, Suite 100 Sacramento, CA 95816 AUTHORITY AND REFERENCE Authority Citation Revenue and Taxation Code sections 38.10, 17053.91, and

Section 23691 authorize OHP to adopt these proposed regulations. The proposed regulations implement, interpret, and make specific Sections 38.10, 17053.91, and 23691 of the Revenue and Taxa- tion Code, relating to taxation. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action clarifies and makes specif - ic the OHP requirements for obtaining/qualifying for personal income tax credits and corporation tax cred - its for the rehabilitation of certified historic structures. Senate Bill 451,

Chapter 703 added and repealed Sections 38.10, 17053.91, and 23691 of the Revenue and Taxation Code, relating to taxation, regarding per- sonal income and corporation taxes, credits, and the rehabilitation of certified historic structures. Sections SEC.3.17053.91(

g) and SEC.4.23691(

g) au- thorizes OHP to adopt regulations to implement the requirements of these sections within the bill, estab - lish a written application in coordination with the Cal- ifornia Tax Credit Allocation Committee (CTCAC), establish a process to determine that an applicant meets the requirements of these sections and to ensure that the rehabilitation project meets the Secretary of the Interior’s Standards for Rehabilitation, and estab - lish a process to approve or reject all tax credit alloca- tion applications. (Senate Bill Number 451 (legislative session year Regular Session) The regulations proposed in this rulemaking action would specify the procedures required to obtain a 20% or 25% tax credit of qualified rehabilitation expendi - tures if the structure meets specified criteria, for reha- bilitation of a certified historic structure or a qualified residence.

Sections SEC.3.17053.91(

h) and SEC.4.23691(

h) au- thorizes CTCAC to establish a process jointly with OHP to implement the provisions of these sections of the bill, allocate on a first–come–first–served basis an aggregate amount of the credit and allocate any car - ryover of unallocated credits from prior years, certify tax credits allocated to taxpayers, provide the Fran - chise Tax Board an annual list of taxpayers that were allocated a credit including each taxpayer’s taxpayer identification number and the amount allocated to each taxpayer, and establish procedures for the recap - ture of amounts allocated for a tax credit allowed to a taxpayer for the rehabilitation of a qualified residence if the taxpayer does not used the qualified residence as their principal residence within two years after reha - bilitation of the residence.

Tax and Revenue Code

Section 38.10 authorizes the Legislative Analyst to collaborate with the California Tax Credit Allocation Committee and the Office of Historic Preservation to review the effectiveness of the tax credits allowed by Sections 17053.91 and 23691.

Anticipated Benefits of the Proposed Regulations: The broad objective of the legislation is to leverage dollars in private investment enabled by allocation of the credits, create construction jobs as a result of this investment, create long–term jobs associated with the use of rehabilitated historic buildings, and stimulate economic activity associated with the rehabilitation of historic buildings facilitated by the credits.

The specific benefits from the legislation are a 20% or a 25% personal income tax or corporate tax cred - it for the certified rehabilitation of a certified historic structure or a qualified residence. These regulations do not create or expand any bene- fits beyond those already offered by the legislation that created this tax credit program.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: After conducting a review for any regulations that would relate to or affect this area, the OHP has con - cluded that these are the only regulations that concern the procedures required to obtain a 20% or 25% tax credit of qualified rehabilitation expenditures if the structure meets specified criteria, for rehabilitation of a certified historic structure or a qualified residence in California. Therefore, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

Documents Relied Upon in Preparing Regulations ● Code of Federal Regulations, Title 36

Part 67: Historic Preservation Certifications under the Internal Revenue Code, last updated May 26, 2011: 36cfr67.pdf (nps.gov). DISCLOSURES REGARDING THE PROPOSED ACTION The OHP has made the following initial determinations: ● Mandate on local agencies and school districts: None. ● Cost or savings to any state agency: Staffing and program costs will be incurred by the OHP. ● Cost to any local agency or school district which must be reimbursed in accordance with

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 631 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: ○ As a voluntary program, businesses and in - dividuals are not required to comply with the program regulations or requirements or in - cur any costs if they do not submit an appli - cation applying for the tax credit program. ○ SB451 cites that the OHP (and the CTCAC) may charge a reasonable fee in an amount that does not exceed the reasonable costs in- curred by fulfilling its responsibilities under SB451. ○ OHP proposes that fees be established on a sliding scale based on the proposed cost of the rehabilitation of a certified historic struc- ture and be capped at $6,000 for income– producing projects and $1,250 for qualified residence projects.

Results of the Economic Impact Analysis/Assessment Beyond the fees to apply for the program, these regulations do not create any costs or benefits.

Based on the legislation that created the tax credit program, however, the OHP concludes that it is: (1) unlikely that the program will eliminate any jobs within the state, (2) likely that the program will create an unknown number of jobs before, during, and after projects under this regulation, (3) likely that the program will cre - ate an unknown number of new businesses providing consultant and construction services for tax credit ap - plicants, (4) unlikely that the program will eliminate any existing businesses, and (5) likely that the pro - gram will result in the expansion of businesses cur - rently doing business within the state.

This tax credit program benefits the health and welfare of California residents by providing a finan - cial incentive for reinvestment and reuse of historic properties that represent California’s diverse cultural inheritance. Reuse of existing buildings also lowers greenhouse gas production associated with the pro - curement and transportation of materials for new con- struction, potentially having a positive impact on the state’s environment. Historic preservation tax incen - tives generate jobs, enhance property values, create affordable housing, and augment revenue for federal, state, and local governments.

There is no anticipated benefit to worker safety. Significant Statewide adverse economic impact di - rectly affecting businesses and individuals: None. Significant effect on housing costs: None. Applicant Reporting Requirement Under the legislation that created this program, all applicants must submit a

summary of the expected economic benefits of the project. The economic ben - efits shall include, but are not limited to, all of the following:

A) Number of jobs created by the rehabilitation proj- ect, both during and after the rehabilitation of the structure.

B) The expected increase in state and local tax rev - enues derived from the rehabilitation project, in - cluding those from increase wages and property taxes.

C) Any additional incentives or contributions in - cluded in the rehabilitation project from federal, state, or local governments.

D) Any public benefit(

s) resulting from qualified re- habilitation expenditures of a qualified residence.

Section 38.10 requires that the Legislative Analyst collaborate on an annual basis with the CTCAC and OHP to review the effectiveness of the tax credits al - lowed by Sections 17053.91 and 23691. The review shall include, but is not limited to, an analysis of the demand for the tax credit, the types and uses of proj - ects receiving the tax credit, the jobs created by the use of the tax credits, and the economic impact of the tax credits. Small Business Determination: The OHP has determined there are no cost impacts on small businesses.

Federal tax credit program his - tory has shown that small businesses benefit by the tax credit program at both the federal and state level. Many of the tax credits go to entities that utilize small businesses when they purchase goods and services or lease space to small businesses. The proposed regulation may also positively affect small businesses in the rehabilitation of a certified his- toric structure under their ownership.

Small business owners of certified historic structures may benefit by an eight million dollar ($8,000,000) set aside for tax - payers with qualified rehabilitation expenditures of less than one million dollars ($1,000,000). CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the OHP must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of OHP would be more effective in carrying out the purpose of which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost–effective to affected private persons and equally

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 632 effective in implementing the statutory policy or other provision of law. The OHP invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations during the written comment period. CONTACT PERSON(

S) Inquiries or comments concerning the proposed rulemaking action may be directed to: Aubrie Morlet California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 (916) 445–7000 info.calshpo@parks.ca.gov The backup contact person for these inquiries is: Mark Huck, Restoration Architect California Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 (916) 445–7000 info.calshpo@parks.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the Initial Statement of Reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to the contact at the above ad - dress or access these documents at https://ohp.parks. ca.gov/?page_id=27495.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE OHP will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address and on the OHP website at https://ohp.parks.ca.gov/?page_id=27495.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing, if requested by any mem- ber of the public, and considering all timely and rel - evant comments received, the OHP may adopt the proposed regulations substantially as described in this Notice of Proposed Rulemaking. If the OHP makes substantive modifications that are sufficiently related to the originally proposed text, it will make the modi - fied text (with the changes clearly indicated) available to the public for at least 15 days before the OHP adopts the regulations as revised.

The OHP will accept writ - ten comments on the modified regulations for 15 days after the date on which they are made available. Please send requests for copies of any modified reg- ulations to the attention of the contact indicated above. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon completion, copies of the Final Statement of Reasons may be obtained by contacting Aubrie Mor - let, at the above address.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout are avail - able through the OHP website at https://ohp.parks. ca.gov/?page_id=27495. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATIONS NOTICE IS HEREBY GIVEN that the Secre - tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend

Section 3268.1 into Title 15, Division 3, Chap- ter 1, regarding Institutional Executive Review Com - mittee Timeframe. PUBLIC COMMENT PERIOD The public comment period begins May 5, 2023 and closes on June 23, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the reg - ulations, call the program contact person listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 633 CONTACT PERSONS Primary Contact D. Kostyuk Telephone: (916) 445–2276 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact T. Snyder Telephone: (916) 324–6808 Division of Adult Institutions PUBLIC HEARING Date and Time: June 26, 2023 —10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150N 1515 S Street —North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

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

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

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

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

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

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW As part of the Institutional Executive Review Com- mittee (IERC) process, the Use of Force Coordinator shall

schedule all logged use of force cases for review within 30 calendar days of their logged occurrence. CDCR proposes to increase the review period to 60 calendar days because there has been an increase in the use of different types of video recording devices such as fixed, mobile, hand–held cameras, and body– worn cameras. With the increase of video recording devices, the Use of Force Coordinator is required to review more video footage. This time extension will provide the Use of Force Coordinator with sufficient time to conduct a thorough review of all video footage.

These regulations will also establish when the IERC will refer an incident package to Allegation Inquiry Unit (AIU) for an investigation and when an initial re- view may be put on pause by the IERC. This action will: ● Increase the timeframe for the Use of Force Coordinator to

schedule a review of all logged use of force cases from within 30 calendar days to within 60 calendar days, as part of the IERC review process. ● Increase the IERC review timeframe from with - in 30 calendar days to within 60 calendar days to provide sufficient time to allow for a thorough review of all video footage from fixed, mobile, hand–held cameras, and body–worn cameras. ● Establish when an incident being reviewed by the IERC shall be referred to AIU for an investigation. ● Establish when the IERC may put an initial re - view on pause. DOCUMENTS INCORPORATED BY REFERENCE None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 634 SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates that the proposed reg - ulatory action will have a long–term beneficial effect on CDCR’s use of force committees in scheduling and meeting use of force review deadlines, by establish - ing when the IERC shall refer an incident to AIU and how it will affect the IERC. The proposed regulations will also establish when the IERC may pause an initial review.

Additionally increasing the timeframe for the IERC will allow additional time to gather and review camera footage, which will better equip the IERC members in their review. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern revising the IERC Timeframe.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate, which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630. FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None.

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

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

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

These regulations may benefit the welfare of Califor - nia residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, saf- er institutions may provide an environment more con- ducive to rehabilitation, thereby reducing recidivism.

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

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 635 AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son.

The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person. AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice.

If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice. The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16.

A RCHITECTS BOARD/ LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE FORM OF EXAMINATIONS, § 2 615 NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under Contact Person in this Notice. COMMENT PERIOD Written comments, including those sent by mail, facsimile, or email to the addresses listed under Con- tact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Tuesday, June 20, 2023, or must be received by the Board at the hearing, should one be scheduled.

AVAILABILITY OF MODIFICATIONS The Board, upon its own motion or at the request of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri - or to its adoption from the person designated in this Notice as Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference : Pursuant to the authority vested by

section 5630 of the Business and Professions Code (BPC), the Board is considering amending arti - cle 1 of division 26 of title 16 of the California Code of Regulations (CCR). 1 This regulatory proposal will in - terpret and make specific the language in BPC sections 5650 and 5651, concerning the Form of Examinations. INFORMATIVE DIGEST As a result of a legislative reorganization, the Land- scape Architects Technical Committee (LATC), es - tablished on January 1, 1998, replaced the former Board of Landscape Architects and was placed un - der the purview of the California Architects Board (Board). BPC

section 5630 authorizes the Board to adopt, amend, or repeal rules and regulations that are reasonably necessary to carry out the provisions under the Landscape Architects practice act (Chapter 3.5 of Division 3 of the BPC). BPC

section 5650 describes the qualifications for eligibility for the licensing exam- ination. BPC

section 5651 requires that the Board ad - minister a written examination that ascertains the pro- fessional qualifications of all applicants for a license to practice landscape architecture. BPC

section 5652 authorizes the LATC to issue a landscape architecture 1 All CCR references are to title 16 unless otherwise noted.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 636 license upon successful completion of the licensing examination. The Council of Landscape Architectural Registra - tion Boards (CLARB) is the national test vendor that supplies the Landscape Architect Registration Ex - amination (LARE), the licensing examination, to the LATC. In December 2023, CLARB will implement modest structural changes to the LARE to better align the content of the LARE with current practice. This proposal would amend CCR

section 2615(a)(2) to align the regulation text with the new LARE format by removing references to LARE Sections 1, 2, 3, and 4, which will no longer be administered after Decem - ber 2023; and allow California candidates to take any

section of the LARE if they hold a degree in landscape architecture accredited by the Landscape Architec - tural Accreditation Board or an extension certificate in landscape architecture that meets the standards in CCR

section 2620.5, along with a four–year degree (CCR

Section 2060(a)(8)). This proposal would also make non–substantive changes to abbreviate referenc- es to the LARE and California Supplemental Exam - ination (CSE) throughout. The Board is proposing the following changes: Amend CCR

Section 2615 —Form of Examinations CCR

section 2615 is being amended to align sub - division (a)(2) with the new LARE format by remov - ing references to LARE Sections 1, 2, 3, and 4, which will no longer be administered after December 2023; and to allow California candidates to take any

section of the LARE if they hold a degree in landscape ar - chitecture accredited by the Landscape Architectural Accreditation Board or an approved extension certifi - cate in landscape architecture along with a four–year degree. This proposal would also make non–substan - tive changes to abbreviate references to the LARE and CSE throughout. POLICY STATEMENT OVERVIEW/ ANTICIPATED BENEFITS OF PROPOSAL The Board seeks to allow qualified candidates to take the LARE prior to obtaining training/practice ex- perience; and make it clear to candidates what type of educational experience is required for early entrance to take the LARE. Specifically, the proposed amend - ments of CCR

section 2615 permit California candi - dates to take any

section of the LARE if they hold a degree in landscape architecture accredited by the Landscape Architectural Accreditation Board or an approved extension certificate in landscape architec - ture along with a four–year degree. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Cost/Savings in Fed - eral Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None.

Business Impact: The Board has made an initial de- termination that the proposed regulatory action would have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states, because it only affects candidates for examination and licensure. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impact that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The Board has determined that the proposed regu - lation would not have a significant adverse impact on small businesses because it only affects candidates for examination and licensure. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California because it only affects candidates for examination and licensure.

Benefits of Regulation: The Board has determined that this regulatory pro - posal may benefit the public health, safety, and welfare by reducing any potential barriers to licensure by al - lowing more candidates to the national licensure ex -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 637 amination. This regulatory proposal will not impact worker safety or the state’s environment, as it does not involve worker safety or the state’s environment. This regulatory proposal updates candidate eligibil- ity requirements for early entrance to take the LARE.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable al - ternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effec - tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

To date, the following options were considered by the Board and rejected: The Board considered keeping the status quo; how - ever, this alternative was rejected because this would not address the structural changes to the LARE that will be implemented in December 2023. Any interested person may present statements or ar- guments orally or in writing relevant to the above de - terminations at the above–mentioned hearing, if one is requested.

INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based. TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations, the initial statement of reasons, and the in - formation upon which the proposal is based, may be obtained upon request from the California Architects Board, Landscape Architects Technical Committee at 2420 Del Paso Road, Suite 105, Sacramento, Califor - nia 95834 or by telephoning the Contact Person listed below.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the Contact Person named below (or by ac - cessing the website listed below).

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Kourtney Fontes Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 575–7233 Fax Number: (916) 575–7283 Email Address: kourtney.fontes@dca.ca.gov The backup contact person is: Name: Stacy Townsend Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 575–7235 Fax Number: (916) 575–7283 Email Address: latc@dca.ca.gov Website Access : Materials regarding this propos - al can be found on LATC’s website under Proposed Regulation ( www.latc.ca.gov/general_information/ publications/).

GENERAL PUBLIC INTEREST BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL NOTICE OF CORRECTION (SFM 04/22) The California Building Standards Commission (CBSC) Notice of Proposed Action (NOPA) for SFM’s amendments to the 2022 California Electrical Code (Part 3, Title 24, California Code of Regulations) was originally published in the April 21 Notice Register 2023, 16–Z, p. 564 (OAL Notice File Number Z2023– 0411–08). This published NOPA contains errors, which inadvertently omitted language intended for in- clusion in the

Summary of Existing Laws

section on page 6 of 11 and the Declaration of Evidence

section on page 9 of 11. The NOPA should have provided the following information:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 638

SUMMARY OF EXISTING LAWS Health and Safety Code

Section 18949.2 (

a) Any responsibilities of the State Fire Marshal to adopt, through a formal rulemaking process as provided in

Chapter 3.5 (commencing with

Section 11340) of

Part 1 of Division 3 of Title 2 of the Government Code, relating to building standards, including, but not limited to, Sections 13108, 13143, 13143.6, and 13211, are hereby transferred to the commission. (

b) The State Fire Marshal shall remain the state agency responsible for developing building stan - dards to implement the state’s fire and life safety policy. In its role as the fire and life safety stan - dard developing agency, the State Fire Marshal shall continue its existing activities and forums designed to facilitate compromise and consen - sus among the various individuals and groups in- volved in development of the state’s codes related to fire and life safety. (

c) The state’s fire and life safety building stan - dards, as developed by the State Fire Marshal and as adopted by the commission, shall contin - ue to be based on the state’s fire and life safety policy goals and mandates as they existed prior to the enactment of this

chapter and as they are amended. DECLARATION OF EVIDENCE Reference: Government Code

Section 11346.5(a)(8). In making the declaration, the agency shall provide in the record of facts, evidence, documents, testimony, or other evidence that the agency relied upon to sup - port its initial determination of no effect. SFM has determined that this proposed action will not have a significant adverse economic impact on business. The SFM affirms that this rulemaking ac - tion complies specifically with the mandates of HSC Sections 13143, 18928, 18949.2(b), 18949(

c) and the mandates of the statutory authority of the SFM. Nu - merous public workshops were held during the pre– rulemaking phase of the intervening code cycle and no comments have been made that the proposed changes would have significant statewide adverse economic impact on businesses. Therefore, the SFM has determined that there are minimal facts, evidence, documents, testimony, or other evidence upon which the agency relied to sup - port its initial determination of no effect pursuant to Government Code

Section 11346.2(b)(5)(A). The pub- lic is welcome to submit any information, facts, or documents either supporting SFM’s initial determina- tion or finding to the contrary. The complete text of the notice, the Initial Statement of Reasons, and the Express Terms are available on the CBSC Web site for this rulemaking at: https://www. dgs.ca.gov/BSC/Rulemaking/2022–Intervening– Cycle/2022–Public–Comments/PEME–45.

Any inquiries regarding this correction should be made to the following: Primary Contact: Greg Andersen, Acting Division Chief CALFIRE / Office of the State Fire Marshal Code Development and Analysis Division (626) 712–4260 Greg.Andersen@fire.ca.gov Back up Contact: Crystal Sujeski, DSFM III Acting Supervisor CALFIRE / Office of the State Fire Marshal Code development and Analysis Division (510) 846–1276 Crystal.Sujeski@fire.ca.gov BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL NOTICE OF CORRECTION (SFM 05/22) The California Building Standards Commission (CBSC) Notice of Proposed Action (NOPA) for SFM’s amendments to the 2022 California Mechanical Code (Part 4, Title 24, California Code of Regulations) was originally published in the April 21 Notice Register 2023, 16–Z, p. 570 (OAL Notice File Number Z2023– 0411–09).

This published NOPA contains errors, which inadvertently omitted language intended for in- clusion in the

Summary of Existing Laws

section on page 6 of 12 and the Declaration of Evidence

section on page 9 of 12. The NOPA should have provided the following information:

SUMMARY OF EXISTING LAWS Health and Safety Code

Section 18949.2 (

a) Any responsibilities of the State Fire Marshal to adopt, through a formal rulemaking process as provided in

Chapter 3.5 (commencing with

Section 11340) of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 639 (

chapter and as they are amended. DECLARATION OF EVIDENCE Reference: Government Code

Any inquiries regarding this correction should be made to the following: Primary Contact: Greg Andersen, Acting Division Chief CALFIRE/Office of the State Fire Marshal Code Development and Analysis Division (626) 712–4260 Greg.Andersen@fire.ca.gov Back up Contact: Crystal Sujeski, DSFM III Acting Supervisor CALFIRE/Office of the State Fire Marshal Code development and Analysis Division (510) 846–1276 Crystal.Sujeski@fire.ca.gov BUILDING STANDARDS COMMISSION/STATE FIRE MARSHAL NOTICE OF CORRECTION (SFM 06/22) The California Building Standards Commission (CBSC) Notice of Proposed Action (NOPA) for SFM’s amendments to the 2022 California Plumbing Code (Part 5, Title 24, California Code of Regulations) was originally published in the April 21 Notice Register 2023, 16–Z, p. 576 (OAL Notice File Number Z2023– 0411–10).

This published NOPA contains errors, which inadvertently omitted language intended for inclusion in the

Summary of Existing Laws

section on page 6 of 12 and the Declaration of Evidence

section on page 9 of 12. The NOPA should have provided the following information:

SUMMARY OF EXISTING LAWS Health and Safety Code

Section 18949.2 (

a) Any responsibilities of the State Fire Marshal to adopt, through a formal rulemaking process as provided in

Chapter 3.5 (commencing with

Section 11340) of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 640 involved in development of the state’s codes relat- ed to fire and life safety. (

c) T he state’s fire and life safety building stan - dards, as developed by the State Fire Marshal and as adopted by the commission, shall contin - ue to be based on the state’s fire and life safety policy goals and mandates as they existed prior to the enactment of this

chapter and as they are amended. DECLARATION OF EVIDENCE Reference: Government Code

c) and the mandates of the statutory authority of the SFM. Nu- merous public workshops were held during the pre– rulemaking phase of the intervening code cycle and no comments have been made that the proposed changes would have significant statewide adverse economic impact on businesses. Therefore, the SFM has determined that there are minimal facts, evidence, documents, testimony, or other evidence upon which the agency relied to sup - port its initial determination of no effect pursuant to Government Code

Any inquiries regarding this correction should be made to the following: Primary Contact: Greg Andersen, Acting Division Chief CALFIRE/Office of the State Fire Marshal Code Development and Analysis Division 626–712–4260 Greg.Andersen@fire.ca.gov Back up Contact: Crystal Sujeski, DSFM III Acting Supervisor CALFIRE/Office of the State Fire Marshal Code Development and Analysis Division 510–846–1276 Crystal.Sujeski@fire.ca.gov OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT AIR TOXICS HOT SPOTS PROGRAM NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOPS ON DRAFT REVISED CANCER INHALATION UNIT RISK FACTORS FOR COBALT SULFATE HEPTAHYDRATE AND WATER–SOLUBLE COBALT COMPOUNDS The Office of Environmental Health Hazard As - sessment (OEHHA) is releasing a draft document for public review that corrects the cancer inhalation unit risk factors (IURs) for cobalt sulfate heptahydrate and water–soluble cobalt compounds.

OEHHA adopted IURs for these compounds in October 2020 1 following public comment and review by the Scientific Review Panel on Air Toxic Contaminants. The draft revised document identifies two revisions in the derivation methodology: 1) a correction and update to the conversion factor used to normalize to the concentration of cobalt in cobalt sulfate heptahydrate (the substance in the bioassay used to derive IURs for water solu- ble cobalt compounds); and 2) a correction of an error in the final derivation of the previous IUR value.

The cancer IURs are used to estimate lifetime can - cer risks associated with inhalation exposure to a car - cinogen. While the IURs for cobalt sulfate heptahy - drate and water–soluble cobalt compounds have been corrected, the IURs for cobalt metal and insoluble co- balt compounds were not affected by the errors and have not changed. OEHHA is required to develop guidelines for con - ducting health risk assessments under the Air Toxics Hot Spots Program. (Health and Safety Code

Section 44360(b)(2).) In response to this requirement, OEH - HA develops unit risk factors for carcinogens, such as 1 OEHHA (2020). Cobalt and Cobalt Compounds Cancer Inha - lation Unit Risk Factors. Technical Support Document for Cancer Potency Factors, Appendix B, October 2020. Available at: https:// oehha.ca.gov/media/downloads/crnr/cobaltcpf100220.pdf

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 18-Z 641 cobalt sulfate heptahydrate. The draft revised docu- ment containing the corrected cancer IURs for cobalt sulfate heptahydrate and water–soluble cobalt com - pounds is being made available today on the OEHHA website. Changes to the document are indicated in un- derline (additions) and strikeout (deletions). OEHHA will only consider comments which pertain to the corrected text and numbers, as indic

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 18
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	36e050b7f7cf5296060ec4fad16e7e5d83b96a0a

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