Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 25-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JUNE 24, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–0614–02 ......................................... 727 AMENDMENT STATE AGENCY: State Teacher’ s Retirement System Board of Equalization Ocean Protection Council MULTI–COUNTY: South Bay Regional Public Safety Training Consortium East Nicolaus Joint Union High School District ADOPT STATE AGENCY: Task Force to Study and Develop Reparation Proposal for African Americans TITLE 2. STATE PERSONNEL BOARD Training and Development Assignments — Notice File Number Z2022–0614–04 .............................. 728 TITLE 4.

POLLUTION CONTROL FINANCING AUTHORITY California Pollution Control Financing Authority Bond Program — Update in Small Business Assistance Fund Fee Users — Notice File Number Z2022–0610–01 ........................................ 730 TITLE 10. DEPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION Commercial Financial Products and Services PRO 02–21, Small Business Unfair, Deceptive, and Abusive Acts and Practices — Notice File Number Z2022–0613–02 .................................... 735 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION Spotted Owl Resource Amendment — Notice File Number Z2022–0614–01 .................................. 737 TITLE 15. DEPARTMENT OF CORRECTION AND REHABILITATION Controlled Substance Distribution — Notice File Number Z2022–0613–03 .................................. 741 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF PUBLIC HEALTH Updated Regulatory References to Health Care ........................................................ 743 STATE WATER RESOURCES CONTROL BOARD Notice of Correction Concerning Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) Program (Original Notice Published on June 17, 2022 in Notice Register 2022, Number 24–Z.) ........... 744 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS OFFICE OF ADMINISTRATIVE LAW Regarding Department of Corrections and Rehabilitation Memorandum on Clarification of Stacking as Related to the Inmate Disciplinary Process ............................................................ 744

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 744 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 2022, VOLUME NUMBER 25-Z 727 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 STATE AGENCY: State Teacher’s Retirement S y s t e m Board of Equalization Ocean Protection Council MULTI–COUNTY: South Bay Regional Public Safety Training C o n s o r t i u m East Nicolaus Joint Union High School District ADOPT STATE AGENCY: Task Force to Study and Develop Reparation Proposal for African Americans A written comment period has been established commencing on June 24, 2022 and closing on August 8, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Aman- da Apostol, 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 August 8, 2022. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 728 CONTACT Any inquiries concerning the proposed conflict–of– interest codes should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency.

Requests for copies from the Com- mission should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324–5660. TITLE 2. STATE PERSONNEL BOARD Notice is hereby given that the State Personnel Board (Board) proposes to amend Sections 171.1, 437, 439.2, and 439.4 in order to simplify which classifica- tions may be used for training and development as - signments.

Additionally, the changes also clarify how the experience gained under training and development assignments and/or out–of–class assignments shall be considered by appointing powers when determining if an applicant meets the minimum qualifications of a class. (Cal. Code Regs., title 2, §§ 171.1, 437, 439.2 and 439.4.) PUBLIC HEARING A public hearing regarding the proposed regulatory action will be held on August 9, 2022, at 10:00 a.m. via WebEx.

In order to participate in the public hearing, please see the following options: ● Via Video (Online) You may click, or copy and paste into your web browser, the following link: https://spb–meetings.webex.com/wbxmjs/ joinservice/sites/spb–meetings/meeting/ download/8f93b2bb1e6546a4bc98fcb1f940c798? siteurl=spb–meetings&MTID=m58282dfe5e 3d96640219eb2131ea738c Then enter the following information to gain ac - cess to the hearing: Meeting Number: 2552 872 2481 Meeting password: 24Rbfv6vjQB ● Via Telephone You may also participate by dialing the phone number first and then the participant code listed below: Phone Number: +1–408–418–9388 Participant Code: 25528722481## The telephonic conference to be used for the public hearing is accessible to persons with mobility impair - ment.

Persons with sight or hearing impairments are requested to notify the contact person for these hear - ings (listed below) in order to make specific arrange - ments, if necessary. WRITTEN COMMENT PERIOD Any interested party, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the contact person listed below. Lori Gillihan, Chief Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Email: lori.gillihan@spb.ca.gov The written comment period closes on August 8, 2022.

Only written comments received by that time shall be reviewed and considered by the Board before it adopts, amends, or repeals a regulation. AUTHORITY AND REFERENCE The Board proposes to amend sections 171.1, 437, 439.2, and 439.4 of Title 2,

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

article 7,

section 3, and Government Code

section 18701. The proposed regulation will implement, interpret, and make spe - cific the provisions of Government Code (Gov. Code) sections 18502, 18522, 19050.8 and 18931. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is a constitutional body responsible for enforcing California’s civil service statutes. (Cal. Const.,

article VII, §§ 1, subdivision (b), & 3; Gov. Code, § 18660.) In addition, the Board, by majority vote of all its members, prescribes probationary peri - ods and classifications, adopts other rules authorized by statute, and reviews disciplinary actions imposed against state employees. (Ibid.) Regulations adopted by the Board are exempt from the Administrative Procedure Act (APA), except as expressly specified. (Gov. Code, §§ 18211, 18215, & 18216.) The purpose of the proposed amendment to sec - tion 439.2 is to simplify which classifications may be used for training and development assignments. The

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 729 additional proposed amendments also clarify how the experience gained under training and development assignments and/or out–of–class assignments shall be considered by appointing powers when determining if an applicant meets the minimum qualifications of a class.

The benefits of this regulatory action include: 1) providing a broad, inclusive, and competitive hiring process for training and development assignments; 2) supporting the state’s career development and upward mobility programs; and, 3) ensuring out–of–class or training and development assignments will as count as qualifying experience in both the employee’s cur - rent class and the class of the assignment.

As a result, the adoption of these regulations will have a positive impact on the general health and welfare of California residents in that the benefits of this regulatory action create a fair, equitable, and consistent process for the civil service hiring process. In reviewing other state regulations, the Board found that the instant regulatory proposal is consistent and compatible with existing state regulations.

FISCAL IMPACT ON PUBLIC AGENCIES ● Mandate on local agencies and school districts: None. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. ● Cost or savings to any State agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the State: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

ECONOMIC IMPACT ON BUSINESS ● Significant, statewide adverse economic impact directly affecting businesses including the abili - ty of California businesses to compete with busi - nesses in other states: None. ● Effect on small business: None. The proposed regulations only set standards related to state civ- il service examinations and temporary assign - ments. Accordingly, it has been determined that the adoption of the proposed regulations would not affect small businesses in any way.

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

Affect worker safety or the state’s environment. The adoption of these regulations, however, will have a positive impact on the general health and wel - fare of California residents in that the benefits of this regulatory action create a fair, equitable, and consis - tent process for the civil service hiring process.

CONSIDERATION OF ALTERNATIVES The Board has initially determined that no reason - able alternatives it has considered or that have been otherwise identified and brought to the attention of the Board would be more effective in carrying out the purposes for which the instant action is proposed or would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 730 Carlos Gomez, Analyst Policy Division State Personnel Board 801 Capitol Mall Sacramento, CA 95814 Phone: (916) 651–8350 Email: carlos.gomez@spb.ca.gov Please direct requests for copies of the proposed text of the regulations, the initial statement of reasons, or other information upon which the rulemaking is based to Policy Division Chief, Lori Gillihan, at the above address. AVAILABILITY OF RULEMAKING FILE The Board is maintaining a rulemaking file for the proposed regulatory action, which as of the date of this notice contains the following: 1.

A copy of the text of the regulations for which the adoption is proposed in strikeout and underline; 2. A copy of this notice and initial statement of rea- sons for the proposed adoption; and 3. Any factual information upon which the pro - posed rulemaking is based. If written comments, data or other factual infor - mation, studies or reports are received, they will be added to the rulemaking file. The file is available for public inspection during normal working hours at the State Personnel Board, 801 Capitol Mall, Sacramen - to, CA 95814.

Items 1 through 3 are also available on the Board’s website at www.spb.ca.gov under “What’s New?” Copies may be obtained by contacting the per- son via the address, email, or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice.

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

AVAILABILITY OF THE FINAL STATEMENT OF REASONS It is anticipated that the proposed regulations will be filed with the Office of Administrative Law and shall include a Final Statement of Reasons. Copies of the Final Statement of Reasons may be obtained from the contact person when it becomes available. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed on the Board’s website at www.spb.ca.gov under “What’s New?” TITLE 4. POLLUTION CONTROL FINANCING AUTHORITY Pursuant to

Section 44520(

b) of the Health and Safety Code, the regulations being amended herewith by the California Pollution Control Financing Author- ity (“CPCFA” or the “Authority”) are, by legislative mandate, necessary for the implementation of small business financing assistance and the immediate pres- ervation of the public peace, health and safety, and general welfare. PROPOSED REGULATORY ACTION The Authority proposes to amend

Section 8043 (

a) of Title 4, Division 11,

Article 4 of the California Code of Regulations (the “Amended Regulations”) concerning the administration of the California Pollution Control Financing Authority’s Bond Program. These Adopt - ed Regulations are necessary to implement, interpret and make specific

Article 4 of the California Pollution Control Financing Authority Act (the “Act”). The Pro- posed Regulations have been approved by the Office of Administrative Law (“OAL”) on an emergency ba- sis, and this proposed rulemaking would make these changes permanent. AUTHORITY AND REFERENCE Authority: Sections 44520(

a) and 44520(b), Health and Safety Code.

Section 44520(

b) of the Act authoriz- es the Authority to adopt regulations relating to small business financing as emergency regulations and in - structs the Office of Administrative Law to consider such regulations to be “necessary for the immediate preservation of the public peace, health and safety or general welfare.”

Section 44520(

a) of the Act autho - rizes the Authority to adopt necessary regulations to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 731 carry out its powers and duties under this division in administering applications for financing. Reference: Sections 44519, 44520, 44525, 44537.5, 44537.5 and 44548, of the Health and Safety Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the Authority to implement small business financing assistance programs pursu - ant to

Section 44520(

b) of the Health and Safety Code. Background of

Section 8043. During the late 1970’s and early 1980’s, the U.S. Small Business Administration (SBA) administered a special pollution control loan guarantee program for small businesses. The program offered SBA loan guarantees for federally issued tax–exempt bonds. The SBA discontinued the program in 1981, which left small business borrowers with inadequate resources for securing cost–effective tax–exempt financing.

In 1985, the State Legislature established the collec- tion of Small Business Assistance Fund (SBAF) fees from large businesses obtaining conduit bond financ - ing from CPCFA, to fill a void from the discontinua - tion of the SBA program, and to offset certain costs of issuance and letter of credit fees associated with the issuance of tax–exempt bonds issued on behalf of small businesses. A small business is defined as 500 employees or less. Under this legislation, large busi - nesses began paying into the SBAF to support CPCFA programs that benefit small business borrowers.

Eligible small business borrowers can receive up to $210,000 towards its eligible costs of bond issuance, based on a sliding scale, which is dependent upon the Par amount of the transaction. Under the Authority’s regulations, the SBAF funds are available for eligible small business borrowers to use at the close of a transaction for purposes of pay - ing certain costs of issuance of the bonds.

Acceptable SBAF subsidy uses include, but are not limited to, bond counsel fees, underwriter or placement agent fees or discount and related expenses, printing fees, fees due to other state agencies, accounting fees, consultant’s fees, and other fees directly related to the issuance of bonds that are normally paid from the proceeds of a bond issued at the time of closing. Currently, there is approximately $14.4 million available in the SBAF ac- count available for qualified small business borrowers to use. Need for an amendment to

Section 8043(

a) Due to the recent transition from the London In - terbank Offered Rate (LIBOR) interest rate index to the Secured Overnight Financing Rate (SOFR) In - dex, many older transactions will need to utilize the CPCFA ’s post–issuance request (PIR) process to amend previously drafted bond documents to reflect the change in the interest rate index. This change from LIBOR to the SOFR interest rate index may be com - pleted under the CPCFA Executive Director’s Delega- tion of Authority via the PIR process. The Executive Director, under

Section 44519 of the California Health and Safety Code, has the requisite power to carry out delegation of authority via Resolution number 21–01– 001 dated January 22, 2021. The CPCFA charges the borrower for CPCFA staff’s actual costs as well as the fees from the Attorney General’s office, acting as Is - suer’s Counsel, on the transaction for the review and processing of these types of PIRs. For small business borrowers, the fee for this neces- sary change in bond documents could be cost prohibi- tive and therefore negatively affect the financial viabil- ity of the company.

The use of the SBAF to help offset the costs of the index rate change PIRs will be of a great benefit to aid eligible small business borrowers. Accordingly, the Authority Board has approved staff to undertake the emergency and regular rulemaking processes to amend the Authority’s regulations to in - clude costs related to a national index rate change as an acceptable use of the SBAF monies. ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION The SBAF fund currently has a balance of approxi - mately $14.4 million.

It is important that the SBAF re- mains a sustainable resource for CPCFA ’s small busi- ness financings into the foreseeable future. Staff has determined that, on balance, the SBAF fund would not be unnecessarily depleted by including this additional use of proceeds. The proposed changes will also assist businesses involved with pollution control projects. These types of projects will benefit the environment, and the public health and safety.

The proposed amendment to the current regula - tions will not have a significant effect on the creation or elimination of jobs in California, significantly af - fect the creation of new businesses or elimination of existing businesses within California, or significant - ly affect the expansion of businesses currently doing business within California. The Executive Director has made the determination that the proposed regulation is not inconsistent or in - compatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the Authority has made the following determinations regarding the effect of the Adopted Regulations: Mandate on local agencies or school districts: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 732 Cost or savings to any state agency: None. Cost to any local agency or school district that must be reimbursed in accordance with Govern - ment Code sections 17500–17630: None. Other non–discretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.

Cost impact on a representative private person or business: The Authority is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Small Business: The Amended Regulations will not have an adverse impact on small business in Cal - ifornia and will not affect small business since they do not impose additional restrictions or cost on small business.

Significant, statewide, adverse economic impact directly affecting businesses including the ability of California businesses to compete with business - es in other states: The Authority has made an initial determination that the Amended Regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Assessment regarding effect on jobs/businesses: The Amended Regulations will not have a significant effect on the creation or elimination of jobs in Califor- nia, significantly affect the creation of new businesses or elimination of existing businesses within Califor - nia, or significantly affect the expansion of businesses currently doing business in California.

Benefits of the regulation to the health and wel - fare of California residents, worker safety, and the state’s environment: The proposed amendments to sections 8034 and 8035 will open more financing op - portunities to businesses involved in pollution control projects. These types of projects will benefit the envi- ronment and the public health and safety. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Authority invites interested parties to present statements with respect to alternatives to the Adopted Regulations during the written comment period.

AGENCY CONTACT PERSON Written comments, inquiries and any questions re - garding the substance of the Amended Regulations shall be submitted or directed to: Solomita Malko, Associate Governmental Program Analyst California Pollution Control Financing Authority 915 Capitol Mall, 5th Floor Sacramento, CA 95814 Telephone: (916) 653–2749 Fax: (916) 657–4821 Email: Solomita.Malko@treasurer.ca.gov Deanna Hamelin, Staff Services Manager I California Pollution Control Financing Authority 915 Capitol Mall, 5th Floor Sacramento, CA 95814 Telephone: (916) 651–6503 Fax: (916) 657–4821 Email: dhamelin@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Adopted Regulations to the Authority.

The written comment period on the Adopted Regulations ends at 5:00 p.m. on August 9, 2022. All the comments must be submitted in writing to the Agency Contact Person identified in the Notice by that time in order for them to be considered by the Authority.

In the event that substantial changes are made to the proposed regulations during the written comment pe - riod, the Authority will also accept additional written comments limited to any changed or modified reg - ulations for fifteen (15) calendar days after the date on which such regulations, as changed or modified are made available to the public pursuant to Title 1,

Chapter 1,

Section 44 of the California Code of Reg - ulations. Such additional written comments should be addressed to the Agency contact person identified in this Notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 733 AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 801 Capitol Mall, Room 266, Sacramento, California 95814, during normal business working hours.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this notice, the Initial Statement of Reasons and the proposed text of the Adopted Regulations. Cop - ies of these items and all the information upon which the proposed rulemaking is based are available upon request from the Agency Contact Person designated in this Notice or at the Authority’s website located at http://www.treasurer.ca.gov/cpcfa/index.asp. PUBLIC HEARING CPCFA does not intend to conduct a Public Hearing on the matter of these regulations, unless requested.

Any interested person may submit a written request for a public hearing no later than 15 days prior to the close of the written comment period. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested pursuant to

Section 11346.8 of the Government Code, the Author- ity may adopt the proposed Regulations substantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indicated) avail - able to the public for at least fifteen (15) calendar days before the Authority adopts the proposed Regulations, as modified. Inquiries about and requests for copies of any changed or modified regulations should be ad - dressed to the Agency Contact Person identified in this Notice.

The Authority will accept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or found at the Au- thority’s website at http://www.treasurer.ca.gov/cpcfa/ index.asp. TITLE 10.

D EPARTMENT OF FINANCIAL PROTECTION AND INNOV ATION UNDER THE CALIFORNIA CONSUMER FINANCIAL PROTECTION LAW REGARDING COMMERCIAL FINANCIAL PRODUCTS AND SERVICES PRO 02–21 In accordance with Government Code (Gov. Code) sections 11346.2 and 11346.5, subdivision (a),1 the De- partment of Financial Protection and Innovation here- by gives notice of the proposed renaming of subchap - ter 4 and adoption of

article 4, consisting of sections 1060, 1061, and 1062, in the California Code of Reg - ulations, title 10,

chapter 3. The proposed regulations implement provisions of the California Consumer Financial Protection Law relating to the offering and provision of commercial financing and other financial products and services to small businesses, nonprofits, and family farms. AUTHORITY AND REFERENCE (§ 11346.5, subdivision (a)(2)) The Department is authorized to propose this regu - latory action under Financial Code

section 90009. The proposed regulations implement, interpret, or make specific provisions of Financial Code sections 22159, 22800, 22804, 90005, 90009, 90012, and 90015. PUBLIC HEARING (§ 11346.5, subdivision (a)(1) and (a)(17)) No public hearing is scheduled. Any interested person or authorized representative may request, in writing, no later than 15 days before the close of the written–comment period, a public hearing according to Government Code

section 11346.8, subdivision (a). WRITTEN COMMENT PERIOD (§§ 11340.85, subdivision (b), 11346.5, subdivisions (a)(1) and (a)(15)) No later than Monday, August 8, 2022, any inter - ested person or authorized representative may submit written comments regarding this proposed regulation to the Department by postal or electronic mail, ad - dressed as follows: 1 All further statutory references are to the Government Code unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 734 Electronic mail Comments may be submitted electronically to regulations@dfpi.ca.gov with a copy to Samuel Park, Senior Counsel, at Samuel.Park@dfpi.ca.gov. Include “PRO 02–21” in the subject line. U.S. Mail Department of Financial Protection and I nnovation Attn: Sandra Navarro 2101 Arena Boulevard Sacramento, California 95834 INFORMATIVE DIGEST (§ 11346.5, subdivision (a)(3)) A.

P olicy Statement and Anticipated Benefits (§ 11346.5, subdivision (a)(3)(C)) In September 2020, Governor Gavin Newsom signed Assembly Bill 1864, which codified the Cali - fornia Consumer Financial Protection Law (CCFPL) in division 24 of the Financial Code (Fin. Code) and vested the Department with authority to administer and enforce its provisions. 2 Effective on January 1, 2021, the CCFPL expanded the Department’s regu - latory authority to cover a broader range of financial products and services, including those previously not subject to the Department’s existing licensing laws.

In enacting the CCFPL, the California Legislature found that “[u]nfair, deceptive, and abusive practices in the provision of financial products and services un- dermine the public confidence that is essential to the continued functioning of the financial system.” 3 The Legislature also found that “[r]obust consumer pro - tections enable wealth building and promote a vibrant economy.” 4 The CCFPL was intended to improve ac - countability and transparency in California’s financial marketplace and to protect California residents from abuses in that marketplace, among other purposes. 5 To those ends, the CCFPL vests the Department with broad enforcement authority, including authority to take action against providers of financial products and services for unfair, deceptive, and abusive acts and practices. 6 In addition to granting oversight and enforcement authority, the CCFPL gives the Depart - ment rulemaking authority to implement, interpret, and make specific its provisions.

Financial Code sec - tion 90009, subdivision (e), authorizes the Department to define unfair, deceptive, and abusive acts and prac- 2 Assem. Bill No. 1864 (2019–2020 Reg. Sess.) §§ 4, 7; see gen- erally Fin. Code, § 90000 et seq. 3 Fin. Code, § 90000, subdivision (a)(2). 4 Ibid. 5 Fin. Code, § 90000, subdivision (a)(1), (a)(4). 6 Fin. Code, § 90003, subdivision (a)(1). tices in connection with the offering or provision of commercial financing or other financial products and services to small businesses, nonprofits, and family farms.

This proposed regulation would protect small businesses, nonprofits, and family farms by specify - ing the standards used to determine whether

an act or practice is unfair, deceptive, or abusive. Financial Code

section 90009, subdivision (e), fur - ther authorizes the Department’s rulemaking to in - clude data collection and reporting on the provision of commercial financing or other financial products and services. The proposed regulation would improve accountability and transparency in the marketplace by establishing procedures and parameters for data reporting.

The benefits anticipated from this proposed regu- lation include an increase in consumer welfare, fair competition, and wealth creation in California. 7 The proposed regulation will promote nondiscriminatory access to financial products and services that are not unfair, deceptive, or abusive. 8 Protection from unfair, deceptive, and abusive conduct not only promotes the welfare of California residents but also fosters fair competition among businesses.

The proposed regu - lation is also expected to increase accountability and transparency in the marketplace, which strengthens consumers’ confidence and financial stability, which is essential for building wealth. B.

S ummary of Existing Laws and Effects of Proposed Action (§ 11346.5, subdivision (a)(3)(A)) Existing law, the CCFPL, requires the Department to regulate the offering and provision of various con - sumer financial products and services, as defined. 9 Existing law makes it unlawful for covered persons or service providers, as defined, to, among other acts, engage in unlawful, unfair, deceptive, or abusive acts or practices with respect to consumer financial prod - ucts or services. 10 Existing law authorizes the Depart - ment to define unfair, deceptive, and abusive acts and practices in connection with the offering or provision of commercial financing, as defined in Financial Code

section 22800, subdivision (d), or other financial prod- ucts and services to small business recipients, non - profits, and family farms. 11 This proposed regulation would make it unlawful for covered providers, as defined, to engage in unfair, deceptive, or abusive acts or practices. The proposed regulation would provide standards for determin - ing whether

an act or practice is unfair, deceptive, or abusive. The proposed regulation would define small 7 Fin. Code, § 90000, subdivision (b). 8 Fin. Code, § 90000, subdivision (b)(2), (b)(3). 9 Fin. Code, §§ 90005, 90006, subdivision (a). 10 Fin. Code, §§ 90003, 90005. 11 Fin. Code, § 90008, subdivision (e).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 735 business, nonprofit, and family farm, among other terms. The proposed regulation would also clarify the Department’s ability to enforce the regulation’s provisions.

Existing law also authorizes the Department’s rulemaking to include data collection and reporting on the provision of commercial financing or other fi - nancial products and services. 12 This proposed regulation would require covered providers, as defined, to submit annual reports con - taining information about their provision of commer - cial financing or other financial products and services to small businesses, nonprofits, and family farms. The proposed regulation would identify persons excluded from the reporting requirement.

The proposed regu- lation would specify the information required in the reports, as well as provide guidance on calculating or determining certain information. The proposed regu- lation would clarify the obligations of those also sub - mitting annual reports to the Department as licensees under the California Financing Law. 13 C. E xisting Federal Regulations or Statutes (§ 11346.5, subdivision (a)(3)(B)) Existing comparable federal regulations or statutes include title 12 United States Code sections 5531(c)(1), 5531(d), and 5536(a)(1)(

B) from title X of the Dodd– Frank Wall Street Reform and Consumer Protection Act and title 15 United States Code

section 45(a)(1) and 45(

n) from the Federal Trade Commission Act. This proposed regulation does not differ substantially from these existing comparable federal statutes. D. E xisting State Regulations (§ 1 1346.5, subdivision (a)(3)(D)) The Department has determined that this proposed regulation is not inconsistent or incompatible with ex- isting state regulations. No existing state regulations pertain to unfair, deceptive, or abusive acts or practic- es in the offering or provision of commercial financing or other financial products or services to small busi - nesses, nonprofits, and family farms.

The Department has proposed regulations relating to commercial fi - nancing disclosures under division 9.5 of the Financial Code. 14 Notice of that proposed action was published on September 11, 2020, and on December 30, 2021, the proposed action was submitted for review with the Office of Administrative Law under file number 2021– 1230–02. That matter remains pending. This proposed regulation would not be inconsistent or incompatible with those proposed regulations, if approved. 12 Ibid. 13 Fin. Code, § 22000 et seq. 14 Fin. Code, § 22800 et seq. E. F orms Incorporated by Reference (Cal.

Code Regs., title 1, § 20, subdivision (c)(3)) This proposed regulation does not incorporate any forms by reference. OTHER STATUTORY REQUIREMENTS (§ 11346.5, subdivision (a)(4)) No other matters are prescribed by statute. FISCAL IMPACT (§ 11346.5, subdivisions (a)(5), (a)(6) and (a)(12)(A)) The Department makes the following initial determinations: 1. M andate on local agencies or school districts: None. 2. C ost to any local agency or school district: None. 3. C ost or savings to any state agency: None. 4. O ther nondiscretionary cost or savings imposed on local agencies: None. 5.

C ost or savings in federal funding to the state: None. ECONOMIC IMPACT ON BUSINESS (§ 11346.5, subdivisions (a)(7) and (a)(8)) The Department has initially determined that this proposed regulation will not have a significant, state - wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states. EFFECT ON SMALL BUSINESS (Cal. Code Regs., title 1, § 4) The Department has determined that this proposed regulation will affect small business because a small business within the meaning of Government Code

section 11342.610 that receives commercial financing or another financial product or service will derive a benefit from the enforcement of the regulation. The proposed regulation, however, will not affect small business to the extent that commercial finance com - panies are not small businesses as provided in

section 11342.610, subdivision (b)(1). COST IMPACTS ON PERSON OR BUSINESS (§ 11346.5, subdivision (a)(9)) The Department has determined that any cost im - pacts incurred by a representative private person or business in reasonable compliance with this proposed regulation would be negligible. Providers of financial products or services would not incur any costs in com-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 736 plying with the prohibition against unfair, deceptive, and abusive conduct. They would incur minimal, ab - sorbable costs in complying with the data reporting requirement. Specifically, providers would incur some costs in initially configuring software systems to pro - duce the reports but would be able to use readily avail- able spreadsheet software and existing records and data to calculate the required information. RESULTS OF ECONOMIC IMPACT ASSESSMENT (§ 11346.5, subdivision (a)(10)) The Department has determined: 1.

The proposed action is unlikely to create or elim- inate jobs within California. 2. The proposed action is unlikely to create new businesses or eliminate existing businesses with - in California. 3. The proposed action is unlikely to expand busi - nesses currently doing business within California. 4. The proposed action may benefit the health and welfare of California residents. 5. The proposed action will not benefit or adversely affect worker safety or California’s environment.

BUSINESS REPORTING REQUIREMENT (§ 11346.5, subdivision (a)(11)) The Department finds that it is necessary for the health, safety, or welfare of the people of California that the reporting requirements in this regulation ap - ply to businesses.

CONSIDERATION OF ALTERNATIVES (§ 11346.5, subdivision (a)(13)) The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

A VAILABILITY OF RULEMAKING FILE (§ 11346.5, subdivisions (a)(16) and (b)) The entire rulemaking file, which includes this no - tice, the initial statement of reasons, and the text of the proposed regulations, is available for inspection and copying throughout the rulemaking process at the in - formation provided in the “Contact Persons”

section below. A VAILABILITY OF DOCUMENTS ON INTERNET (§ 11346.5, subdivision (a)(20)) This notice, the initial statement of reasons, and the text of the proposed regulations are also available on the Department’s website at www.dfpi.ca.gov. At the top of the home page, under the “Licensees” tab, click “Laws and Regulations,” then click the “Regulations/ Rulemaking” link, and then click the “California Con- sumer Financial Protection Law (CCFPL)” link.

A VAILABILITY OF CHANGED TEXT (§ 11346.5, subdivision (a)(18)) If the Department makes changes to the text of a proposed regulation that are sufficiently related to the original text, it will make the full text of the resulting regulation, with changes clearly indicated, available to the public for at least 15 days before it adopts, amends, or repeals the changed regulation. A copy of any changed regulation may be obtained from the contact person designated below or from the Department’s website as described below.

The Department will ac - cept written comments on the changed regulation for at least 15 days after the date it is made available. A VAILABILITY OF FINAL STATEMENT OF REASONS (§ 11346.5, subdivision (a)(19)) The final statement of reasons will be available when completed. Copies may be obtained from the contact person designated below or from the Depart - ment’s website as described above.

CONTACT PERSONS (§ 11346.5, subdivision (a)(14)) All inquiries regarding the proposed regulation, in - cluding requests for copies of the proposed regulation and questions regarding timelines or status, may be directed to: Sandra Navarro Department of Financial Protection and Innovation 300 South Spring Street, Suite 15513 Los Angeles, California 90013 Telephone: (213) 897–3432 Email: regulations@dfpi.ca.gov The backup contact person for these inquiries is:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 737 Samuel Park Department of Financial Protection and Innovation 320 West 4th Street, Suite 750 Los Angeles, California 90013 Telephone: (213) 503–4094 Email: Samuel.Park@dfpi.ca.gov TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “SPOTTED OWL RESOURCE PLAN AMENDMENT, 2022” TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS DIVISION 1.5,

CHAPTER 4, SUBCHAPTER 1 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on August 17, 2022, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, RM 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written

summary of their statements. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via GoToWebinar online meeting platform or telephone conferencing. To participate via GoToWebinar online meeting plat - form please email PublicComments@bof.ca.gov by 4:30 p.m. on August 16, 2022, to request a link to the meeting.

A link to the meeting will also be posted un- der the “Webinar Information” heading on the front page of the Board website, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on at the conclusion of the public hearing on Au- gust 17, 2022.

The Board will consider only written comments received at the Board office by that time and those written comments received at the public hearing, in - cluding written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who sub - mit written comments to the Board reference the title of the rulemaking proposal in their comments to facil- itate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attn: Jane Van Susteren Regulations Coordinator P.O.

Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653–0989 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5, 4552, and 4553, Public Resources Code (PRC).

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV § 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 738 construct a system of forest practice regulations ap - plicable to timber management on state and private timberlands. PRC § 4551 requires the Board to “…adopt district forest practice rules... to ensure the continuous grow - ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” of the state, and PRC § 4553 requires the Board to continuously review the rules in consultation with other interests and make appropriate revisions.

The Northern Spotted Owl (NSO) was listed as Threatened pursuant to the Endangered Species Act (ESA) in 1990, prohibiting “take,” defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” (the Endangered Species Act § 3(18)). In 2017, the California Fish and Game Commission (FGC) listed the species as Endangered pursuant to the California Endangered Species Act (CESA), which also prohibits “take” defined as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, cap - ture, or kill” (Fish and Game Code, § 86).

Various regulatory mechanisms were developed at the state and federal level to avoid take of this spe - cies, or to provide for some form of “incidental take” for otherwise lawful activities. As a result, regulated forest landscapes are now subject to multiple mech - anisms for take avoidance, largely through extensive surveys and the protection of appropriate habitat for foraging, nesting, and roosting within a specific radi - us of known nest sites. One of these mechanisms is the Spotted Owl Resource Plan (SORP), a streamlined process to avoid take across multiple ownerships.

A Spotted Owl Resource Plan is a take avoidance strategy that demonstrates an approach to preventing a taking of the Northern Spotted Owl while conducting timber harvest operations. This process is managed by the California Department of Forestry and Fire Protection (CAL FIRE) in collaboration with the Cal - ifornia Department of Fish and Wildlife (CDFW) and the U.S. Fish and Wildlife Service (USFWS).

Spot - ted Owl Resource Plans advance the conservation of NSO through a consistent protocol for monitoring and reporting on a geographic scale, describe and define protection measures for NSO given various situations in timber harvesting plans located in the SORP and provide for data and information exchange to ensure that USFWS, CDFW, CAL FIRE, and SORP enroll - ees have the most current information on Northern Spotted Owl populations and access to data across ownerships. This process is managed by CAL FIRE in collaboration with CDFW and USFWS.

A Spotted Owl Resource Plan necessarily involves coordination of multiple timber harvesting plan ar - eas. As currently defined in the Forest Practice Rules (§ 895.1), Spotted Owl Resource Plans do not spe - cifically include Nonindustrial Timber Management Plans (NTMPs) and Working Forest Management Plans (WFMPs); regulatory pathways for managing nonindustrial timberlands to create and maintain un - even aged timber stand conditions and sustained yield of timber. These plans may include multiple landown- ers and are limited in size.

These nonindustrial tim - berland owners would benefit significantly from the opportunities for multi–owner cooperative survey efforts, the ability to describe and define protection measures given specific management and site cir - cumstances, and the provisions for data sharing and information exchange with other SORP enrollees and relevant agencies.

The problem is that the current regulatory descrip - tion of a Spotted Owl Resource Plan does not include reference to Nonindustrial Timber Management Plans or Working Forest Management Plans, giving the in - correct impression that those methods for forest man - agement are excluded from this pathway to meet reg - ulatory requirements for avoiding take of Northern Spotted Owls. The purpose of the proposed action is to clarify that nonindustrial timberland owners can use Spotted Owl Resource Plans to meet the regulatory requirements for surveys and take avoidance of Northern Spotted Owls.

The effect of the proposed action is wider usage by nonindustrial timberland owners of a landscape–level protection from take for Northern Spotted Owls. The benefit of the proposed action is a mechanism for wider usage of landscape–level protections for the Northern Spotted Owl, a federally listed threatened and state listed endangered species. The proposed ac - tion also provides clarity on the usage of a regulatory mechanism. There is no comparable Federal regulation or statute.

Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). State regulations related to the prop sed action were, in fact, relied upon in the devel- opment of the proposed action to ensure the consisten- cy and compatibility of the proposed action with ex - isting State regulations. Otherwise, Board staff eval - uated the balance of existing State regulations related to watercourse protection during timber operations within State regulations that met the same purpose as the proposed action.

Based on this evaluation and ef - fort, the Board has determined that the proposed reg - ulations are neither inconsistent nor incompatible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:

Chapter 8,

Part 2, Division 4, Public Resources Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 739 Regulations to which the proposed action was com- pared:

Article 4, Subchapters 4, 5, & 6,

Chapter 4, Di- vision 1.5, Title 14, California Code of Regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du - plicates, Federal regulations. There are no comparable Federal regulations related to management plans for the non–industrial harvesting of timber. No existing Federal regulations meeting the same purpose as the proposed action were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Government Code. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to the conduct of timber operations and will not result in any direct or indirect costs or savings to any state agency.

HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic impact of the provisions of the proposed action through the lens of the decades of contemplating forest practice in California that the Board brings to bear on regulatory development.

STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)– (D).

The proposed action: ● Will not create jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11346.3(b)(1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within California (GOV § 11346.3(b)(1)(C));

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 740 ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)). The proposed action will re - sult in broader access to a landscape-level protec- tion for an endangered species, coordinating the protection of habitat and minimizing disturbanc - es from survey efforts. The proposed action will not affect the health and welfare of California res- idents or worker safety.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency 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. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement.

SMALL BUSINESS (defined in GOV § 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if they do not comply with the regulation.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Ms. Van Susteren is not available is Eric Hedge, Regulations Program Manager for the Board of Forestry and Fire Protection. Mr. Hedge may be contacted at the above address or phone.

A VAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16) and (a)(18)) All of the following are available from the contact person: 1. Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

After holding the hear- ing and considering all timely and relevant com - ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the chang - es clearly indicated — available to the public for at least 15 days before the Board adopts the regu- lations as revised.

Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 741 modified regulations for 15 days after the date on which they are made available. FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/proposed–rule– packages/. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN t h a t t h e S e c r e- tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend Sections 3000, 3290, and 3315 into Title 15, Di- vision 3,

Chapter 1, regarding Controlled Substance Distribution. PUBLIC COMMENT PERIOD The public comment period begins June 24, 2022 and closes on August 12, 2022. Any person may sub- mit written comments by mail addressed to the prima- ry 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. 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 B. Donahoo Telephone: (916) 324–1653 Division of Adult Institutions PUBLIC HEARING Date and Time: August 15, 2022 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Kern/Colorado Room 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 742 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Amend California Code of Regulations (CCR), Title 15, Division 3,

section 3000,

Definitions, to enhance and clarify the definition of ‘Distribution,’ and add cross–reference to

section 3000 in sections 3290 and 3315 for additional clarity. This action will: ● Amend the definition of the term “Distribution” to ensure accurate

interpretation by the courts in future litigation, and to align more closely with sections of the Health and Safety Code related to drug sales and transportation. ● Sections 3290 and 3315 are revised to add a cross reference to the definition of Distribution for clarity. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates that these regulations will ultimately reduce the amount of contraband and drugs introduced into and throughout the institutions, creating a safer environment for inmates, staff, visi - tors, contractors, and their employees and volunteers.

The regulations will reduce the strife that is created when inmates are trying to profit from illegal activ - ities, and better allow inmates to focus on rehabili - tation, which will result in more productive citizens being released into the community and make the com- munity safer as a whole. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code § 11346.5(a)(3)(D), the department has determined the proposed regu - lations are not inconsistent or incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only reg - ulations that concern revising the definition of “Distri- bution” of a controlled substance. 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 affect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 743 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. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

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

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

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. GENERAL PUBLIC INTEREST DEPARTMENT OF PUBLIC HEALTH A F L 2 2 – 1 2 TO: A ll Facilities SUBJECT: U pdated Regulatory References to H ealth Care Standards of Practice AUTHOR ITY: H ealth and Safety Code (HSC) se ction 1275 ALL FACILITIES LETTER (AFL)

SUMMARY This AFL notifies all facilities of proposed updates to regulatory references in Title 22 of the California Code of Regulations which cite health care standards of practice adopted by a recognized state or national association. Existing law provides for the licensure and regula - tion of health facilities by the California Department of Public Health (CDPH). Existing law authorizes CDPH to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act (APA). Assembly Bill (AB) 614 (Chapter 435, Statutes of 2015) revised Health and Safety Code (HSC)

section 1275, authorizing CDPH to use a streamlined admin - istrative process to update references to health care standards of practice which have been adopted by a state or national association when outdated standards are referenced in the California Code of Regulations. HSC

section 1275 requires CDPH to: 1. P ost notice of CDPH’s proposed updates to state or national associations’ health care standards of practice on its Internet Website for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted. 2. N otify stakeholders that the proposed standards have been posted on CDPH’s Internet Website by issuing a mailing to the most recent stakeholder list on file with CDPH’s Office of Regulations. 3.

S ubmit to the Office of Administrative Law the aforementioned notice for publishing in the California Regulatory Notice Register. 4. A ccept public comment for at least 30 days after the conclusion of the 45–day posting period.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 744 5. If a member of the public requests a public hear - ing, CDPH will hold a hearing and consider any comments. Pursuant to the requirements of AB 614, CDPH has attached its proposed Updated Regulatory References to Health Care Standards of Practice (PDF) for imme- diate public comment and consideration commencing on June 24, 2022, and concluding on August 9, 2022, for which public comments may be submitted until September 9, 2022.

Amendments to the existing reg - ulations are shown in underline to indicate additions and strikeout to indicate deletions. CDPH has also in- cluded justification for the changes in each regulation for further consideration. Public comments may be submitted using one of the following methods: 1. Via mail to the following address: CHCQ Regulation Development

Section California Department of Public Health 1615 Capitol Avenue P.O. Box 997377 MS Code 3201 Sacramento, CA 95899–7377 2. Via electronic transmission to: CHCQRegulations@cdph.ca.gov This AFL can also be accessed electronically at CDPH’s All Facilities Letters webpage by visiting the following URL: https://www.cdph.ca.gov/Programs/ CHCQ/LCP/Pages/LNCAFL22.aspx.

Sincerely, /s/ Cassie Dunham Deputy Director STATE WATER RESOURCES CONTROL BOARD NOTICE OF CORRECTION On June 17, 2022, the State Water Resources Con - trol Board published a Notice of Proposed Action concerning the Replacing, Removing, or Upgrad - ing Underground Storage Tanks (RUST) Program in California Regulatory Notice Register 2022, Number 24–Z, June 17, 2022, page 720 (OAL Notice File No. Z2022–0607–03). The link to the documents related to the pro - posed action was listed as https://www.waterboards. ca.gov/water_issues/programs/ustcf/rust/regulations/ which is incorrect.

The correct link is https://www. waterboards.ca.gov/water_issues/programs/ustcf/ rust_regulations.html . If you have any questions, please contact Robert Smith, RUST Program Manager, Division of Finan - cial Assistance, State Water Resources Control Board, 1001 I Street, Sacramento CA 95814, (916) 323–2095 or Robert.Smith@waterboards.ca.gov. SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS OFFICE OF ADMINISTRATIVE LAW SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS (Pursuant to Title 1,

section 280, of the California Code of Regulations) On February 11, 2022, the Office of Administrative Law (OAL) received a petition challenging a memo - randum issued by the California Department of Cor - rections and Rehabilitation (CDCR) titled “Clarifi - cation of ‘Stacking’ as Related to the Inmate Disci - plinary Process,” dated June 23, 1998, as an alleged underground regulation. The memorandum instructs Wardens as to how Rule Violation Reports (Form 115) should be completed, defines “stacking” and provides guidance as to how to complete reports.

On June 7, 2022, CDCR certified to OAL that they would no longer issue, use, enforce or attempt to en - force the challenged memorandum. Therefore, pur - suant to Title 1,

section 280 of the California Code of Regulations, OAL must suspend all action on this petition.

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 745 State Water Resources Control Board File # 2022–0606–03 Water Demand Reduction Emergency Regulation This emergency action by the State Water Resources Control Board adopts a new regulation which requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduc - tion actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non–functional turf with potable water in commercial, industrial, and institutional sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which the violation occurs pursuant to Water Code

section 1058.5(d). Title 23 Adopt: 996 Filed 06/10/2022 Effective 06/10/2022 Agency Contact: Garrett Lenahan (916) 341–5179 Department of Corrections and Rehabilitation File # 2022–0524–01 Staff Misconduct Allegations This action by the Department of Corrections and Rehabilitation (Department) is submitted to OAL as an emergency of operational necessity pursuant to Penal Code

section 5058.3 and readopts a regulatory process for addressing Department staff misconduct allega - tions involving incarcerated persons or parolees ini - tially adopted in OAL Matter No. 2021–1208–01EON. Title 15 Adopt: 3486.01, 3486.1, 3486.2, 3486.3 Filed 06/13/2022 Effective 06/13/2022 Agency Contact: Josh Jugum (916) 445–2266 Department of Corrections and Rehabilitation File # 2022–0531–01 Employee Discipline This operational–necessity emergency action re - adopts amendments to and adoptions of regulations concerning California Department of Corrections and Rehabilitation employee discipline. The action primarily adopts an employee penalty–levels disci - plinary matrix and related

definitions and procedures to be used by hiring authorities in determining and imposing disciplinary measures on employees for misconduct directed at inmates, parolees, wards, other employees, or members of the public. Title 15 Adopt: 3392.1, 3392.2, 3392.3, 3392.4, 3392.5, 3392.6, 3392.7, 3392.8, 3392.9, 3417 Amend: 3391, 3392 Filed 06/13/2022 Effective 06/13/2022 Agency Contact: Rosie Ruiz (916) 445–2244 Division of Workers’ Compensation File # 2022–0503–01 Copy Service Rate

Schedule This action updates the

schedule of maximum fees payable for copy and related services. This action is exempt from the Administrative Procedure Act under Government Code

section 11340.9(g). Title 08 Adopt: 9984, 9985 Amend: 9980, 9981, 9982, 9983 Filed 06/15/2022 Effective 07/15/2022 Agency Contact: Carol Finuliar (510) 286–0660 Franchise Tax Board File # 2022–0607–02 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing. OAL Filed this regulation with the Secretary of State, and will publish the regulation in the California Code of Regulations.

Title 18 Amend: 17000.30 Filed 06/15/2022 Effective 07/15/2022 Agency Contact: Melody Scullary (916) 845–4978 Board of Pharmacy File # 2022–0504–01 Advanced Practice Pharmacist Existing law requires that, in addition to other re - quirements, a person who seeks recognition as an ad - vanced practice pharmacist satisfy any two of the three criteria specified in subdivision (a)(2)(

A) of Business and Professions Code

section 4210. Assembly Bill 1533 (Stats. 2021,

Chapter 629) amended Business and Professions

section 4210 so that, for the purposes of subdivision (a)(2)(

A) of that statute, if, as a condition of completion of one of the required criteria fulfill - ment of a second criterion is also required, that com - pletion shall be deemed to satisfy subdivision (a)(2). As a change without regulatory effect, the Board of Pharmacy (the “Board”) is (1) adding this clarification to the Board’s application requirements for advanced

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 746 practice pharmacist licensure and (2) updating cross– references to Business and Professions Code

section 4210. Title 16 Amend: 1730.1 Filed 06/09/2022 Agency Contact: Lori Martinez (916) 518–3078 California Department of Tax and Fee Administration File # 2022–0426–03 Application of the Fee Collection Procedures Law This action makes non–substantive changes to the Department of Tax and Fee Administration’s fee collection regulations by removing regulations based on repealed statutes, adjusting the reference citations accordingly, and by adding authority ci - tations which explain the legislative history of the Board of Equalization’s transition of authority to the Department of Tax and Fee Administration.

Title 18 Amend: 3500 Filed 06/08/2022 Agency Contact: Kim DeArte (916) 309–5227 California Prison Industry Authority File # 2022–0502–03 CALPIA Incarcerated Individuals Worker Hiring Standards & Requirements This action amends 15 CCR

Section 8004.1 for ty - pographical errors, grammar, syntax, and word choice. Title 15 Amend: 8004.1 Filed 06/14/2022 Agency Contact: Moira Doherty (916) 413–1140 California Prison Industry Authority File # 2022–0503–03 Inmate Worker Controlled Substances/Alcohol Abuse CALPIA non–substantively amends 15 CCR 8004.3 for punctuation, grammar, and syntax. Title 15 Amend: 8004.3 Filed 06/14/2022 Agency Contact: Moira Doherty (916) 413–1140 California Prison Industry Authority File # 2022–0503–04 Recruitment and Appointment Process CALPIA amends 15 CCR

Section 8004.2 for se - mantics, grammar, syntax, and punctuation. Title 15 Amend: 8004.2 Filed 06/14/2022 Agency Contact: Moira Doherty (916) 413–1140 California Prison Industry Authority File # 2022–0503–05 Inmate Workforce Allocation This action amends 15 CCR

Section 8004.4 to ad - just the semantics used to refer to people housed in prisons. Title 15 Amend: 8004.4 Filed 06/14/2022 Agency Contact: Moira Doherty (916) 413–1140 California Health Facilities Financing Authority File # 2022–0426–01 Community Services Infrastructure Grant Program In this rulemaking action, the Authority amends its regulations to require applications to be submitted online, removing the procedures related to the sub - mission of applications by mail. It further revises its Community Services Infrastructure Grant Program Application form to reflect this change.

Title 04 Amend: 7413, 7416 Filed 06/08/2022 Effective 06/08/2022 Agency Contact: Bianca Smith (916) 653–2408 Department of Financial Protection and Innovation File # 2021–1230–02 Commercial Financing Disclosures Senate Bill (SB) 1235 (Stats. 2018,

Chapter 1011) requires that a provider who facilitates commercial fi- nancing to a recipient, as defined, to disclose specified information relating to that transaction to the recipient at the time of extending a specific offer of commercial financing, and to obtain the recipient’s signature on that disclosure before consummating the commercial financing transaction.

SB 1235 also requires that dis - closure to include specified information, including the total amount of funds provided, information related to the payments to be made, the total dollar cost of the financing, and, until January 1, 2024, the total cost of financing expressed as an annualized rate. In this reg - ular rulemaking, the Commissioner of the Department of Financial Protection and Innovation is adopting regulations governing these disclosure requirements.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 25-Z 747 Title 10 Adopt: 900, 901, 910, 911, 912, 913, 914, 915, 916, 917, 920, 921, 922, 930, 931, 940, 941, 942, 943, 950, 951, 952, 953, 954, 955, 956 Filed 06/09/2022 Effective 12/09/2022 Agency Contact: Jesse R. Mattson (916) 576–4892 Department of Social Services File # 2021–1228–04 Reasonable and Prudent Parent Standard and Healthy Sexual Development This rulemaking action by the Department of Social Services updates requirements related to the reason - able and prudent parent standard and promotion of healthy sexual development for youth in care.

Title 22, MPP Adopt: 83067 Amend: 80061, 83001, 83064, 83074, 83075, 83076, 83079, 84001, 84065, 84067, 84074, 84075, 84076, 84079, 89201, 89374, 89376, 89377, 89379, 89405, 89475 Filed 06/09/2022 Effective 10/01/2022 Agency Contact: Kenneth Jennings (916) 651–8862 Office of Environmental Health Hazard Assessment File # 2022–0503–02 Proposition 65 No Significant Risk Level (NSRL) 1,3–Dichloropropene This action adds exposure to 1,3–Dichloropropene at a level of 3.7 micrograms per day to a regulation that establishes specific regulatory levels for cancer– causing chemicals that pose no significant risk.

Title 27 Amend: 25705 Filed 06/13/2022 Effective 10/01/2022 Agency Contact: Esther Barajas–Ochoa (916) 322–2068 California Architects Board File # 2022–0428–01 Education and Training/Practice Credits This resubmittal action amends the education and training credit standards for a candidate to qualify as a landscape architect.

Title 16 Amend: 2615, 2520 Filed 06/08/2022 Effective 06/08/2022 Agency Contact: Kourtney Nation (916) 575–7237 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.