California Regulatory Notice Register — Register 2023, No. 38-Z (SEPTEMBER 22, 2023)

Cal. Reg. Notice Reg. 2023, No. 38

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 38–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 22, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM Conflict–of–Interest Code — Notice File Number Z2023–0908–01 ........................................ 1209 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0912–07 ........................................ 1210 ADOPTION STATE AGENCY: Office of Energy Infrastructure Safety TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Interior Quarantine — Notice File Number Z2023–0911–01 .............................. 1211 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan of Operations, CA 23–06, REG 2023–00016 — Notice File Number Z2023–0911–02 ................................................................ 1214 TITLE 10.

DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Simplified Rules and Rates Manual, Proposing Rate Changes for Five Commercial Automobile Insurance Procedure (CAIP) Sub–Lines, REG 2023–00018 — Notice File Number Z2023–0911–03 ............................................... 1216 TITLE 10. DEPARTMENT OF INSURANCE California Automobile Assigned Risk Plan Simplified Rules and Rates Manual, Proposing 13.1% Rate Increase, REG 2023–00019 — Notice File Number Z2023–0911–04 .................................. 1219 TITLE 10.

DEPARTMENT OF INSURANCE California Low Cost Automobile Plan of Operations, REG 2023–00020 — Notice File Number Z2023–0911–05 ................................................................................ 1221 (Continued on next page)

(Continued on next page) TITLE 11. COMMISSION OF PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulations 1052 and 1059, POST Guidelines for Student Safety in Certified Courses — Notice File Number Z2023–0912–08 ............................................... 1224 TITLE 20. CALIFORNIA ENERGY COMMISSION Business Meetings and Rulemaking Petitions — Notice File Number Z2023–0912–01 ......................... 1226 TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES Notice of Action, County Contact Information — Notice File Number Z2023–0912–02 ........................ 1230 TITLE 23.

DEPARTMENT OF WATER RESOURCES Revised Architectural and Engineering Contracting — Notice File Number Z2023–0913–01 ................... 1234 GENERAL PUBLIC INTEREST AIR RESOURCES BOARD Notice of Effective Dates for Sections 2196.1(f), 2196.8, 2197, and 2197.2(

b) of the Heavy–Duty Inspection and Maintenance Program ............................................................... 1237 DEPARTMENT OF FISH AND WILDLIFE Honeydew Bridge Replacement Project, Consistency Determination Number 2080–2023–011–01 ............... 1238 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species, California Ridgway’ s Rail — Proposal from Gwendolin C. Santos ............................................................................ 1241 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species, California Ridgway’ s Rail — Proposal from Sarah M.

Foster ................................................................................ 1242 DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species, Morro Bay Kangaroo Rat .................................. 1242 PETITION DECISION AIR RESOURCES BOARD Petition Decision Regarding Petition from Crowley Maritime Corporation .................................. 1243

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 .

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Intent to List Chemicals by the Labor Code Mechanism: Coal–Tar Pitch, Fluoro–Edenite Fibrous Amphibole, and Silicon Carbide Whiskers ........................................ 1261

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1262

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1209 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Public Employees’ Retirement System, pursuant to the authority vested in it by

section 87306 of the Gov- ernment Code, proposes amendment to its conflict– of–interest code. A comment period has been estab - lished commencing on September 25, 2023 and clos - ing on November 9, 2023. All inquiries should be di - rected to the contact listed below. The California Public Employees’ Retirement System proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.

Changes to the conflict–of–interest code include: The addition to the list of designated positions cre - ated since the prior amendment: ● Chief Health Director ● Chief Operating Officer ● Deputy Chief Investment Officer ● Financial Accountant (All) ● Medical Program Consultant ● Special Consultant ● Senior Telecommunications Engineer The addition of existing positions that were re– evaluated and determined to be making governmental decisions: ● Actuarial Analyst ● Actuarial Analyst Supervisor ● Actuarial Senior Analyst ● Information Technology Specialist (II, III) ● Senior Accounting Officer (All) Alignment with the California Department of Hu - man Resources renaming of existing classifications: ● Previous Classification Names: ○ Data Processing Manager ○ Research Manager (All) ○ Associate Pension Actuary ○ Senior Pension Actuary ○ Senior Life Actuary ○ Supervising Pension Actuary ● Current Classification Names: ○ Information Technology Manager (All) ○ Information Technology Supervisor (All) ○ Research Data Specialist (All) ○ Research Data Supervisor (All) ○ Research Data Manager ○ Actuary ○ Actuarial Senior ○ Actuarial Analyst Supervisor And, also, makes other technical changes.

Information on the code amendment is available on the agency’s internet site. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than November 9, 2023, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than October 25, 2023. The California Public Employees’ Retirement System has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2.

Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Andrea Peters CalPERS Regulations Coordinator (916) 795–3038 Regulation_Coordinator@CalPERS.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1210 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 code of the following: CONFLICT–OF–INTEREST CODE ADOPTION STATE AGENCY: Office of Energy Infrastructure Safety A written comment period has been established commencing on September 22, 2023 and closing on November 6, 2023.

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

If a public hear - ing is requested, the proposed code will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code, 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 interest - ed person, will approve, or revise and approve, or re - turn the proposed code to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code.

Any written com - ments must be received no later than November 6, 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 this code because these are not new programs mandated on local agencies by the code since the requirements described herein were man - dated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the code 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 code shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest code should be made to Daniel Vo, Fair Polit- ical Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811, telephone (916) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODE Copies of the proposed conflict–of–interest code may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811, telephone (916) 323–9103.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1211 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 3423 ORIENTAL FRUIT FLY INTERIOR QUARANTINE

SECTION 3591.2 ORIENTAL FRUIT FLY ERADICATION AREA The Department of Food and Agriculture (Depart - ment) proposes to amend Title 3 of the California Code of Regulations (CCR)

Section 3423 Oriental Fruit Fly Interior Quarantine and

Section 3591.2 Oriental Fruit Fly Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to 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 regulations to the Department. Com - ments may be submitted by United States Postal Ser - vice (USPS), fax or email.

The written comment peri- od closes on November 7, 2023. The Department will consider only comments received at the Department offices by that date or postmarked no later than No - vember 7, 2023. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 (916) 403–6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her ab- sence, you may contact Rachel Avila at (916) 698–2947 or rachel.avila@cdfa.ca.gov.

Unless there are substantial changes to the proposed regulations prior to amendment, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public. Following the public hearing, if one is requested, or following the written comment period if none is re - quested, the Department, at its own motion, or at the instance of any interested person, may adopt the pro - posal substantially as set forth without further notice.

AUTHORITY The Department proposes to amend Sections 3423 and 3591.2 pursuant to the authority vested by Sec - tions 407, 5301, 5302, and 5322 of the Food and Agri- cultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301, 5302, 5322, 5761, 5762, 5763, and 5764 of the FAC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of the proposed amendment of the regulation

Section 3423 is to remove the host list and add a reference to

Section 3591.2(b). Current- ly, the

Section 3423 (c)(1) host list is missing multiple species, all of which are included in the host list in

Section 3591.2 (b). An incomplete host list in

Section 3423 provides a source of potential confusion to the public, and could result in host material unknowingly being moved, which could lead to furthering an in - festation. By referencing the list in

Section 3591.2 (

b) the confusion is removed and the regulations can be harmonized. The specific purpose of the proposed amendment of the regulation 3591.2 is to update the host list so it is in accord with the United State Department of Agri - culture (USDA) list, add a footnote so pumpkins are correctly regulated, and remove a

section of the host list that was mistakenly duplicated. Only species list - ed twice are being removed, which will fix an existing error. EXISTING LAWS AND REGULATIONS Existing law, FAC

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

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, FAC

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1212 Existing law, FAC

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

section 5321. Existing law, FAC

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest. Existing law, FAC

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

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

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

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT The implementation of this amendment will help prevent potential future issues when the Oriental fruit fly (O F

F) host list need to be amended in the future.

Have functional accurate hosts list will help prevent the spread of pests within California, which will prevent: ● direct damage to the agricultural industry grow - ing host fruits ● indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets ● increased production costs to the affected agricul- tural industries ● increased pesticide use by the affected agricultur- al industries ● increased costs to the consumers of host fruits ● increased pesticide use by homeowners and others ● the need to implement a State interior quarantine ● the need to implement a federal domestic quarantine There is no existing, comparable federal regulations or statute.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3423 and 3591.2 has determined that they are not inconsistent or incompatible with ex- isting state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: There is no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school districts and no nondiscretionary costs or savings to local agencies or school districts, will result from the amendment of 3423 and 3591.2. 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. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1213 Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3423 and 3591.2 amendment (1) will have no signif - icant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the state of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is ex - pected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environ- ment, and (6) is not expected to harm or benefit work- ers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing programmatic delays, such as having host lists out of date, that can potentially can lead to pest quarantines, as well as in - creased production costs and potential job loss. The agricultural industry is one of the economic engines in the State. Negative impacts to agriculture impact the State’s economic recovery and the general welfare of the State.

The state’s environment: The amendment of this regulation benefits the environment as correctly regu - lating hosts of O F F lowers the risk that the pests could spread into the local environment via the surrounding non–agricultural ecosystems. O F F spreading could adversely impact private and commercial landscape plantings, local, regional, state and national parks, other recreational sites, open habitats, and wild lands. Affected plants could become less vigorous and may produce fewer seeds. Plants/trees with low propagule output can result in major changes to plant community structure.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private 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. The Department invites interested persons to pres - ent alternatives during the written comment period.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1214 TITLE 10. DEPARTMENT OF INSURANCE REG–2023–00016 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to ad - dress the proposed amendments to the California Au - tomobile Assigned Risk Plan (“CAARP” or “Plan”) of Operations. California Code of Regulations, Title 10,

Chapter 5,

Section 2498.4.9 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES The Commissioner will consider the proposed changes pursuant to the authority vested in him by

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

Section 11624(e). Insurance Code

section 11620(

c) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: November 9, 2023 1:00 p.m. Location: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor Oakland, CA 94612 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments.

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

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

DEADLINE FOR WRITTEN COMMENTS All written materials, unless submitted at the hear - ing, must be received by the Insurance Commissioner at the address listed above no later than 5:00 p.m. on November 9, 2023. Any written materials received after that time will not be considered. Written com - ments may also be submitted to the contact person by email or facsimile transmission. Please select only one method to submit written comments.

ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1215 California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor.

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

LOCAL MANDATE DETERMINATION The Insurance Commissioner has initially deter - mined that the application will not result in any new program mandates on local agencies or school districts. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS OR COSTS WHICH MUST BE REIMBURSED PURSUANT TO GOVERNMENT CODE SECTIONS 17500 THROUGH 17630 The Insurance Commissioner has initially deter - mined that the application will not result in any cost or significant savings to any local agency or school district for which

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code would require reimbursement, or in other nondiscretionary costs or savings to local agencies. COST OR SAVINGS TO ANY STATE AGENCY ; FEDERAL FUNDING The Commissioner has determined that the applica- tion will result in no cost or savings to any state agency and no cost or savings in federal funding to the state.

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

COST IMPACTS ON PRIVATE PERSONS OR ENTITIES The Insurance Commissioner has initially deter - mined that the proposal will not affect private person or entities. IMPACT ON HOUSING COSTS The Insurance Commissioner has initially deter - mined that the application will not affect housing costs. IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action. PLAIN ENGLISH The application describing the proposal is in plain English. However, the application itself is based on technical actuarial principles.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1216 TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

FINAL STATEMENT OF REASONS A Final Statement of Reasons will be prepared at the conclusion of this proceeding. Upon written or email request to the contact person listed above, the Final Statement of Reasons will be made available for inspection and copying once it has been prepared. A copy of the Final Statement of Reasons will also be posted on the Department’s web site.

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

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on - line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2023–00018 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to con - sider the application of the California Automobile Assigned Risk Plan (“CAARP” or “Plan”) to change the Commercial Automobile Insurance Procedure (“CAIP”) rates referenced in the California Code of Regulations, Title 10,

Chapter 5,

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

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed chang - es will implement, interpret and makes specific the requirements of Insurance Code

Section 11624(e). Government Code

section 11340.9(

g) applies to this proceeding. HEARING DATE AND LOCATION Notice is hereby given that a public hearing will be held to permit all interested persons the opportunity to present statements or arguments, orally or in writing, with respect to the proposed changes at the following date, time, and place: Date and Time: November 9, 2023 1:00 p.m. Location: Department of Insurance Hearing Room 1901 Harrison Street 3rd Floor Oakland, CA 94612 ACCESS TO HEARING ROOM The facilities to be used for the public hearing are accessible to persons with mobility impairments. Per - sons with sight or hearing impairments are request -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1217 ed to notify the contact person (listed below) for this hearing in order to make special arrangements, if necessary. WRITTEN AND/OR ORAL COMMENTS: AGENCY CONTACT PERSON All persons are invited to submit written comments to the Insurance Commissioner on the application pri- or to the public comment deadline.

Section 2661.4. The Petition to Participate must be submitted to the Commissioner at the Office of the Public Advi- sor at the following address: California Department of Insurance Office of the Public Advisor 300 Spring Street 12th Floor Los Angeles, CA 90013 Telephone: (213) 346–6635 A copy of the Petition to Participate must also be submitted to the contact person for this hearing (listed above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CA 23–05 Simplified Rules and Rates Manual Pursuant to California Insurance Code

Section 11624, The commissioner establishes rates to be charged to those obtaining commercial automobile coverage through CAIP.

Section 11624 provides “Pre- mium charges for the plan shall not be excessive, inad- equate, nor fairly discriminatory, and shall be actuari- ly sound so as to result in no subsidy of the plan.” Title 10, California Code of Regulations

section 2498.5 re - fences the commercial automobile rate manual, which is approved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application. CAARP has proposed rate changes for five CAIP sub–lines, amounting to an overall aver- age 20.2% percent rate increase. Further details appear in the rate application on file with the Commissioner and available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1218 or significant savings to any local agency or school district for which

Part 7 (commencing with

TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared an Initial Statement of Reasons addressing the proposed rate application in addition to the Informative Digest included in this notice. The Initial Statement of Reasons, Notice of Proposed Action and Regulation Text are available for inspection or copying, and will be provided at no charge upon request to the contact person listed above. Further details on CAARP’s proposal are on file with the Commissioner and available for review as set forth below.

AVAILABILITY OF DOCUMENTS ON THE INTERNET The Initial Statement of Reasons, proposed text, and this Notice of Proposed Action will be published on -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1219 line and may be accessed through the Department’s website at www.insurance.ca.gov. AVAILABILITY OF MODIFIED TEXT OF REGULATIONS If the Department amends the application with changes that are sufficiently related to the original ap- plication, the Department will make the full text of the amended rates, with the changes clearly indicated, available to the public for at least 15 days before the date the Department adopts the amended rates. TITLE 10.

DEPARTMENT OF INSURANCE REG–2023–00019 REVISIONS TO CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN SIMPLIFIED RULES AND RATES MANUAL SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara (“Commissioner”) will hold a public hearing to con - sider the application of the California Automobile As- signed Risk Plan (“CAARP” or “Plan”) to change the private passenger automobile rates referenced in the California Code of Regulations, Title 10,

Chapter 5,

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

Section 11620 of the California Insurance Code. The Commissioners decision on the proposed chang - es will implement, interpret and makes specific the requirements of Insurance Code

Section 11624(e). Government Code

section 11340.9(

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1220 ADVOCACY OR WITNESS FEES Persons or groups representing the interest of con - sumers may be entitled to reasonable advocacy fees, witness fees, and other reasonable expenses, in accor- dance with the provisions of California Code of Regu- lations, Title 10, Sections 2662.1–2662.6 in connection with their participation in this matter. Interested per - sons must submit a Petition to Participate, as specified in California Code of Regulations, Title 10,

Section 11624, The commissioner establishes rates to be charged to those obtaining private passenger auto - mobile coverage through policies assigned through CAARP.

Section 11624 provides premium charges for the plan shall not be excessive, inadequate, nor fairly discriminatory, and shall be actuarily sound so as to result in no subsidy of the plan.” Title 1, California Code of Regulations

section 2498.5 refences the pri - vate passenger automobile rate manual, which is ap - proved by the Commissioner but not printed in full in the California Code of Regulations. The Commissioner is holding the hearing refer - enced above to accept comments on CAARP’s recent rate application. CAARP has proposed an 13.1% per - cent rate increase. Further details appear in the rate application on file with the Commissioner and available fr review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

Part 7 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1221 IMPACT ON SMALL BUSINESS The proposed rate changes could affect small businesses. SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment.

DEPARTMENT OF INSURANCE REG–2023–00020 REVISIONS TO CALIFORNIA LOW COST AUTOMOBILE PLAN PLAN OF OPERATIONS SUBJECT OF HEARING California Insurance Commissioner Ricardo Lara will hold a public hearing to consider an adjustment to rates for the California Low Cost Automobile In - surance program. Insurance Code

Section 11629.72(

c) provides that, annually, the California Automobile Assigned Risk Plan (“CAARP”) shall submit to the Commissioner a proposed Low Cost Automobile rate and surcharge

schedule for approval. Accordingly, CAARP submit - ted its 2020 rate recommendation, proposing an overall average rate decrease of 6.1%. The Commissioner will consider the current rates and CAARP’s rate proposal and hereby invites public input regarding CAARP’s proposal. Premium rates are specified in the program’s Plan of Operations, approved by the Commissioner.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1222 California Code of Regulations, Title 10,

Chapter 5,

Section 2498.6 references this plan. AUTHORITY TO ADOPT RATES AND REFERENCES Authority for the promulgation of rates is vested in the Insurance Commissioner pursuant to Califor - nia Insurance Code Sections 11620, 11624, 11629.7, 11629.72, and 11629.79. Premium rates are referenced in

Section 27 and Exhibit E of the Programs Plan of Operations. The proposed regulation implements, in - terprets and makes specific Insurance Code Sections 11629.72 and 11629.79. Government Code

Section 11340.9(

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1223 above). For further information, please contact the Of- fice of the Public Advisor. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW LC 23–03 California Insurance Code Sections 11629.7 through 11629.85 establish, within the California Automobile Assigned Risk Plan, established under

Section 11620 of the Insurance Code, a statewide Low Cost Automo- bile Insurance Program. Because the program is established and adminis - tered through the CAARP, CAARP procedures are applied where appropriate and consistent with the low cost automobile insurance statutes. Insurance Code Sections 11620 and 11624 require the Commissioner to hold a public hearing before amending assigned risk plan rates.

Section 11629.7 of the Insurance Code requires that, after a public hearing, the Commissioner shall approve or issue a reasonable plan for the equitable apportion - ment, among insurers, of eligible consumers. The plan also contains rules and rates. This plan, approved by the Commissioner, is referenced in Title 10,

Section 2498.6 of the California Code of Regulations. Under the program, the low–cost auto policy satis - fies financial responsibility laws and provides cover - age of $10,000 for liability for bodily injury or death to one person, subject to a cumulative limit of $20,000 for all persons in one accident, and $3,000 for liability for damage to property. In addition to eligibility and other requirements, the statute sets forth the annual premium rates. In certain cases, surcharges are added to the base rate. The statute also provides procedures for adjusting the rates. Insurance Code

Section 11629.72(

c) provides that, annually, CAARP shall submit to the Commissioner a proposed rate and surcharge for approval. Accord - ingly, CAARP has submitted a proposal to decrease the current rate 6.1% for the liability policy. Further details appear in the application on file with the Com- missioner, which is available for review as set forth below. COMPARABLE FEDERAL LAW There are no comparable existing federal regula - tions or statutes.

Part 7 (commencing with

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1224 SPECIFIC TECHNOLOGIES OR EQUIPMENT The application would not mandate the use of spe - cific technologies or equipment. ALTERNATIVES The Insurance Commissioner must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro - posed or would be as effective and less burdensome to affected private persons than the proposed action.

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

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

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1052 AND 1059 POST GUIDELINES FOR STUDENT SAFETY IN CERTIFIED COURSES Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or his/her duly authorized rep - resentative, 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 November 6, 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 Brian South at Brian.South@post.ca.gov, or by letter to: Commission on POST Attention: Brian South 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1225 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt reg - ulations), and PC § 13510 (POST authority to set min- imum standards). This proposal is intended to inter - pret, implement, and make specific PC § 13510(a)(2), which authorizes to adopt, and may from time to time amend, rules establishing minimum standards for training.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC § 13510 requires that POST develop minimum standards and a course of instruction and training for law enforcement officers who are employed as peace officers, or who are not yet employed as a peace officer but are enrolled in a training academy for law enforce- ment officers.

POST is responsible for the certification of these courses, and implementing requirements for student safety within courses, which include compo - nents that pose a higher risk of injury to students (e.g., firearms, arrest and control, physical training, etc.) The implementation of these changes will remove subjective language and provide clear direction to course presenters on the expectations for instruc - tors, safety signage, safety equipment, safety ratios, etc.

Clear expectations provide POST staff the abili - ty to hold presenters accountable when violations are identified during the review of courses and training locations.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide clarification to presenters on the safety requirements of the courses they present, provide POST staff the ability to hold presenters accountable when safety violations are identified, and address new vehicles for training such as virtual reality and E–bikes, which 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 peace, protection of public health, safety, and welfare of California. 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 these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. DOCUMENT INCORPORATED BY REFERENCE POST Guidelines for Student Safety in Certified Courses. 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. 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 to the re - quirements for background inquiries when evaluat -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1226 ing a candidate for peace officer selection. Thus, the law enforcement standards are maintained and effec - tive 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 GC § 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 pro - posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac - tion may be directed to Brian South, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630, at (916) 227– 0244. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

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 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 20. CALIFORNIA ENERGY COMMISSION

ARTICLE 1: COMMISSION BUSINESS MEETINGS AND

ARTICLE 4. RULEMAKING AND INFORMATIONAL HEARINGS SECTIONS 1102, 1105, AND 1221 DOCKET NUMBER 23–OIR–02 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to adopt amendments to its procedures related to business meetings and requests for rulemakings contained in the California Code of Regulations (CCR), title 20, sections 1102, 1105, and 1221 (“the Proposed Action”). PUBLIC HEARING The CEC will hold a public hearing on the proposed regulations at the date and time listed below.

Interested persons, or their authorized representative, may pres - ent statements, arguments, or contentions relevant to the proposed regulations at the public hearing. Com - ments at the public hearing may be limited to three minutes or less. Public Hearing November 7, 2023 10 a.m. (Pacific Time)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1227 BUSINESS MEETING PLEASE TAKE NOTICE that the CEC will con - sider and possibly adopt the proposed regulations at a CEC Business Meeting at the date and time listed below. Interested persons, or their authorized repre - sentative, may present oral statements, arguments, or contentions relevant to the proposed regulations at the Business Meeting. If the date, time, place, or nature of the proposed adoption changes, the CEC will provide updated information in the rulemaking docket.

Business Meeting Remote Access or In–Person at 1516 9th Street Sacramento, CA 95814 Date: November 8, 2023 10 a.m. (Pacific Time) REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join.zoom. us and entering the ID and password for the public hear- ing listed below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 extension 2, or the Public Advisor’s Office at publicadvisor@ energy.ca.gov or (800) 822–6228.

Zoom Link: https://enerqy.zoom.us/j/93869230237 ?pwd=Zm96c09ULzdXTjd4eldtUXdnUGErdz09 Webinar ID: 938 6923 0237 Password: mtg@10am To participate by telephone dial (669) 900–6833 or (888) 475–4499 (toll free). When prompted, enter the Webinar ID and password listed above. To comment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Equity and Tribal Affairs provides the public assis - tance in participating in CEC proceedings.

For in - formation on participation or to request interpreting services or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, by phone at (916) 957–7910. Requests for interpreting services and reasonable accommodations should be made at least five days in advance. The CEC will work diligently to accommodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Office of the Public Ad - visor, Energy Equity and Tribal Affairs via email or phone.

MEDIA INQUIRIES Direct media inquiries to the Media and Public Communications Office at (916) 654–4989 or media office@energy.ca.gov. PUBLIC COMMENT PERIOD The written public comment period for the proposed regulations will be held from September 22, 2023 to November 6, 2023. Any interested person, or an au - thorized representative, may submit written com - ments to the CEC for consideration on or prior to No - vember 6, 2023. The CEC appreciates receiving writ - ten comments at the earliest possible date. Comments submitted outside this comment period are considered untimely.

CEC may, but is not required to, respond to untimely comments, including those raising signifi - cant issues. Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine. The CEC encourages use of its electronic com - menting system. Visit https://efiling.energy.ca.gov/ EComment/ECommentSelectProceeding.aspx , type in docket number, 23–OIR–02.

Enter your contact in - formation and a comment title describing the subject of your comment(s). Comments may be included in the “Comment Text” box or attached as a download - able, searchable document consistent with Title 20, California Code of Regulations,

Section 1208.1. The maximum files size allowed is 10 MB. Written comments may also be submitted by email. Include Docket Number 23–OIR–02 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 23–OIR–02 715 P Street, MS–4 Sacramento, CA 95814 Pursuant to California Code of Regulations Title 20

section 1104(e), any person may make oral comment on any agenda item at the November 8, 2023, Business Meeting. Please consult the public agenda, which will be posted ten days before the Business Meeting, for important details on how to participate. To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding list serve or provide a valid email or mailing address with your comments.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1228 STATUTORY AUTHORITY AND REFERENCE Public Resources Code Sections 25210, 25213, and 25218(e), authorize the CEC to adopt rules or regula - tions, as necessary, to implement, interpret, and make specific Public Resources Code Sections 25210 and 25214. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Energy Commission (CEC) propos - es to adopt amendments to the CEC’s procedures re - lated to business meetings and requests for rulemak - ings contained in the California Code of Regulations (CCR), title 20, sections 1102, 1105, and 1221.

The purpose of this rulemaking is to: (1) allow the CEC to conduct business meetings as necessary, (2) remove the requirement for the CEC to take minutes and clarify that the transcript and decisions, orders, and resolutions approved in meetings shall be the orig- inal evidence of actions taken at any meeting, and (3) ensure that the CEC has sufficient information to eval- uate petitions for rulemakings and increase the time for the executive director to respond to a petition for rulemaking from seven to 14 days.

These proposed procedural changes related to busi - ness meetings and requests for rulemakings will allow the CEC to conduct its business and respond to the public more efficiently. Difference from existing comparable federal regulations or statute These proposed regulations do not duplicate or con- flict with any federal regulations or statute contained in the Code of Federal Regulations. There are no fed - eral laws that address the procedural matters that are the subject of this rulemaking.

Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments As the state’s primary energy policy and planning agency, the CEC’s responsibilities have increased rel- ative to helping the state reach its climate and energy goals. With the increase in responsibilities, the CEC’s workload has also increased. As such, the CEC must have the latitude to hold business meetings as needed. There have been months where the CEC has needed to hold multiple business meetings in order to conduct the CEC’s business.

Alternatively, there are months where a business meeting is not needed or cannot eas- ily be convened due lack of a quorum of commission- ers. Commissioners have demanding work obligations which include the need to travel outside of the region and country. Consequently, there is an urgent need for the CEC to have more flexibility in determining when and how often to conduct business meetings. Additionally, it is vital that the CEC’s regulations be amended to address recurring issues in the implemen- tation of the regulations, to make the process more ef- ficient and effective, and save staff time and resources.

Regulations must be updated to eliminate the need for an assigned staff person to take minutes at business meetings. The regulations currently designate min - utes as the original evidence of actions taken at CEC meetings. The CEC expends extensive staff resources to produce the minutes for business meetings. This process entails an assigned staff person typing notes of comments made at the business meeting. These notes are based on the perception and awareness of one person and are not the best evidence of the official record. The process is cumbersome, time consuming, inefficient, and subject to error.

Concurrently, the CEC utilizes court reporters to create an accurate record of business meeting pro - ceedings. Such transcripts are the more accurate re - cord of proceedings. With respect to petitions for rulemakings, the CEC frequently receives requests for rulemakings that are vague and/or difficult to understand. The CEC spends a considerable amount of time interpreting these re - quests. In addition, the short timeframe within which the CEC must respond to requests for rulemakings does not permit the CEC to thoroughly evaluate the petitions.

These proposed changes would save staff time and resources, which will allow the CEC to re - spond to the public more efficiently. The specific benefits of this rulemaking are that the CEC’s regulations related to business meetings would address recurring issues in the implementation of un - necessary or burdensome regulations, and staff time and resources would be saved. These changes will al - low the CEC to effectively conduct the CEC’s business while improving public transparency and minimizing delays in responding to requests for rulemakings.

Determination of inconsistency or incompatibility with existing state regulations The CEC has conducted a search for any other reg - ulations in this area and has determined that the pro - posed regulations are neither inconsistent nor incom - patible with any existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE The CEC does not propose to incorporate by refer - ence any documents. MANDATED BY FEDERAL LAW OR REGULATIONS None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1229 OTHER STATUTORY REQUIREMENTS None. FISCAL IMPACTS The CEC has made the following initial determinations: ● Mandate on local agencies and school districts: No. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Government Code

Section 17500 et seq.: No. ● Cost or savings to any state agency: No. ● Non–discretionary cost or savings imposed upon local agencies: No. ● Cost or savings in federal funding to the state: No. SIGNIFICANT EFFECT ON HOUSING COSTS None.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations will not have a statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states. The proposed regulations are procedural in nature.

They will impact the CEC’s use of time and resources and will allow the CEC to effectively conduct its busi- ness while improving public transparency and mini - mizing delays in responding to requests for rulemak - ings. The proposed regulations do not impact private persons and there are no anticipated cost impacts to businesses associated with these proposed changes. The proposed changes will allow the CEC to con - duct business meetings as necessary. The CEC will continue to hold business meetings in a manner that reflects the CEC’s workload.

Therefore, any business- es that may be interested in the ongoings of CEC’s business meetings will continue to have the opportu - nity to listen and be engaged in these meetings. The proposed changes include procedural amendments that would remove the requirement for the CEC to take minutes and clarify that the transcript and decisions, orders, and resolutions approved in meetings shall be the original evidence of actions taken at any meeting.

The proposed changes would also ensure that the CEC has sufficient information to evaluate petitions for rulemakings and increase the time for the executive director to respond to a petition for rulemaking from seven to 14 days. These procedural changes would not have a direct or indirect impact on businesses as their intended purpose would be to reduce the CEC’s time and cost of preparing the original evidence of actions taken at meetings and responding to petitions for rulemakings.

Regardless of the changes, the pub - lic would still have access to the ordinary course of business that occurs at business meetings and would have the same opportunities to petition for requests for rulemakings. Therefore, no economic or fiscal im- pacts are expected from this change.

RESULTS OF THE ECONOMIC IMPACT ANAYLSIS/ASSESSMENT The CEC concludes that the proposal: (1) will not create jobs within California, (2) will not eliminate jobs within California, (3) will not create new busi - nesses in California, (4) will not eliminate existing businesses within California, and (5) will not result in the expansion of businesses currently doing business within the state. The proposed regulation will not adversely impact the health and welfare of California residents, worker safety, or the state’s environment.

COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The CEC is not aware of any cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the proposed action. BUSINESS REPORT The regulations do not impose a new reporting requirement. SMALL BUSINESS The proposed regulations will not affect small business. The proposed regulations are procedural in nature.

They will impact the CEC’s use of time and resources and will allow the CEC to effectively con - duct its business while improving public transparency and minimizing delays in responding to requests for rulemakings. The proposed regulations do not impact private persons and there are no anticipated impacts to small businesses associated with these proposed pro - cedural changes.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1230 CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5, subdivision (a)(13), the CEC must determine that no reasonable alternative considered by the agen- cy, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

CONTACT PERSON For questions, contact Mariah Ponce, Staff Attorney, at (916) 559–4166 or at Mariah.Ponce@energy.ca.gov. COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC will have the entire rulemaking file avail - able in electronic format for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the express terms, the Initial Statement of Reasons (ISOR), and any documents relied upon.

Copies may be obtained by contacting Mariah Ponce above or accessed through the CEC website at Docket Number 23–OIR–02. AVAILABILITY OF CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/ REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the pro - posed regulations could be changed as a result of pub- lic comment, staff recommendation, or recommen - dations from Commissioners. Moreover, changes to the proposed regulations not indicated in the express terms could be considered if they improve the clarity or effectiveness of the regulations.

If the CEC consid- ers changes to the proposed regulations pursuant to Government Code

Section 11346.8, a full copy of the text will be available for review at least 15 days prior to the date on which the CEC adopts or amends the resulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons (FSOR), once it has been prepared, by visiting the CEC website at Docket Number 23–OIR–02. AVAILABILITY OF DOCUMENTS ON THE INTERNET The CEC maintains a website in order to facilitate public access to documents prepared and considered as part of this rulemaking proceeding.

Documents prepared for this rulemaking have been posted on the CEC’s website at Docket Number 23–OIR–02. INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this project and receive documents and notices of upcoming workshops and hearings as they are filed, please subscribe to the Rulemaking List which can be accessed here: https:// www.energy.ca.gov/subscriptions. The list serve sends out email notification and di - rect links when documents and notices are filed in the proceeding docket.

If you are unable or do not wish to sign up for the listserv but still would like to receive documents and notices, please contact the contact per- son listed in this notice. TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES SUBJECT: NOTICE OF ACTION — COUNTY CONTACT INFORMATION, DHCS–19–004 NOTICE IS HEREBY GIVEN t h a t t h e D e p a r t- ment of Health Care Services (Department) proposes to amend California Code of Regulations (CCR), title 22,

section 50179 after considering all public com - ments, objections, and recommendations. WRITTEN COMMENT PERIOD Any interested person or their duly authorized rep - resentative may submit written comments to the De - partment relevant to the regulatory action described in this notice. Please label any comments as pertaining to Notice of Action — County Contact Information, DHCS– 19–004 and submit them using any of the following methods:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1231 Mail: Department of Health Care Services Office of Regulations, MS 0015 P.O. Box 997413 Sacramento, CA 95899–7413 FAX: (916) 440–5748 Email: regulations@dhcs.ca.gov The written comment period closes at 5:00 p.m. on November 8, 2023. Any written comments, regard - less of the method of transmittal, must be received by the Office of Regulations by 5:00 p.m. on this date for consideration.

Written comments should include the author’s con - tact information so the Department can provide no - tification of any further changes to the regulation proposal. A public hearing has not been scheduled for this rulemaking. However, the Department will conduct a hearing if a written request for a public hearing is received from any interested person or their duly au - thorized representative, no later than 15 days prior to the close of the written comment period, pursuant to Government Code

section 11346.8. The Department shall consider all comments re - ceived regarding the proposal equally, whether sub - mitted in writing or through oral testimony at a public hearing. AUTHORITY AND REFERENCE These regulations are proposed under the follow - ing authorities:

Section 20, Health and Safety Code; Sections 10725 and 14124.5, Welfare and Institutions Code. These regulations implement, interpret, or make specific the following: Sections 10950, 10951, 11002, 11004, 11052, 11055, 14000, 14005, 14016, 14016.2, 14023, 14023.7, and 14124.90, Welfare and Institutions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Background The purpose of the Department of Health Care Ser - vices (Department) is to provide equitable access to quality health care leading to a healthy California for all.

In support of this purpose, the Department admin- isters many health care programs, including Califor - nia’s Medicaid program, which is known as the Medi– Cal program. The Department’s Medi–Cal Eligibility Division is responsible for the coordination and implementation of Medi–Cal program regulations that support the accurate and timely determination of Medi–Cal pro - gram eligibility for applicants and beneficiaries. When a county department completes a Medi–Cal only eligibility determination or redetermination for an applicant or beneficiary, it sends the individual a Notice of Action (NOA).

A NOA is a written notice that informs the applicant or beneficiary of the county department’s eligibility decision and effective date of coverage, as well as any changes made in eligibility status or level of benefits. The NOA includes informa- tion about the applicant or beneficiary’s right to request a State hearing to appeal an eligibility determination such as a denial or reduction of benefits, or failure to take action on an application or other information.

In addition, the NOA currently provides the name and phone number of the eligibility worker who completed the applicant or beneficiary’s eligibility determination. Related Federal and State Laws Federal and state law govern the Medi–Cal pro - gram. Federal Medicaid law is provided under Title 42 United States Code (U.S.C.)

section 1396a et seq. State Medicaid law is provided under Welfare and Institu - tions (W&

I) Code division 9,

part 3, chapters 7 and 8. W&I Code sections 10725 and 14124.5 authorize the Director of the Department to adopt, amend or repeal regulations as necessary and proper to carry out the purposes and intent of the statutes governing the Medi–Cal program. These include regulations for the determination of Medi–Cal eligibility and share of cost, which are provided under

article 2, subdivi - sion 1, division 3, title 22 of the California Code of Regulations. California Code of Regulations, title 22,

section 50179 specifies the required information to be in - cluded in a NOA for Medi–Cal only determinations and redeterminations. Currently, this

section requires the NOA to include the name and phone number of the eligibility worker who completed the eligibility determination. Statement of Purpose/Problem to Be Addressed This proposed regulatory action amends California Code of Regulations, title 22,

section 50179 to enable county departments to include in the NOA the name and telephone number of the county department work- er, county department call center, or other appropriate county department contact that is able to assist ap - plicants and beneficiaries with questions about their NOA. By expanding the county department contact options, county departments will have the discretion to include in the NOA the most helpful and relevant county department contact information according to their operational structure.

Anticipated Benefits or Goals of the Regulations This proposed regulatory action will improve the Medi–Cal program eligibility determination process by enabling applicants and beneficiaries to contact a knowledgeable party that can readily address ques -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1232 tions or provide further information about their NOA. The anticipated benefit of these amendments is en - hanced communication and the flow of accurate in - formation between applicants and beneficiaries and county departments. This, in turn, supports applicants and beneficiaries in their efforts to apply for or main - tain eligibility in the Medi–Cal program and to access necessary health care services. This regulatory proposal supports the purpose and intent of the Medi–Cal program, as specified under W&I Code

section 14000 et seq. (chapter 7, Basic Health Care), to afford qualifying individuals with heath care and related preventive services. Further - more, this proposal supports individuals in obtaining covered health care services in the same manner as the general public without economic discrimination, and without duplication of benefits available under other federal or state laws. Within

chapter 7, W&I Code

section 14124.5 further specifies that the Director may establish regulations as are necessary or proper to carry out the purpose and intent of this chapter, which includes the establish - ment of Medi–Cal eligibility standards and methodol- ogies as set forth under this

chapter (including

section 14005.30) and in accordance with 42 U.S.C.

section 1396u–1. This regulatory proposal supports the proper and efficient administration of the Medi–Cal program, in accordance with federal and state laws that govern the Medi–Cal program’s rules of eligibility, participation, and funding. Consistency and Compatibility with Existing State Regulations The Department conducted an evaluation of the re - lated existing state regulations under the California Code of Regulations, title 22, division 3 and deter - mined that the regulations are consistent and compati- ble with those regulations.

In addition, the Department conducted an automated search of California Code of Regulations, title 22, division 3 using the following keywords “Notice of Action.” The search did not yield any conflicting state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: FISCAL IMPACT STATEMENT A. Costs to any Local Agency or School District that is required to be reimbursed under

part 7 (com - mencing with

section 17500), division 4 of the Government Code: None. Costs to any Local Agency or School District that is not reimbursable by the State: None. B. Costs or Savings to any State Agency: None. C. Costs or Savings in Federal Funding to the State: None. D. Other Nondiscretionary Costs or Savings Including Revenue Changes Imposed on State or Local Agencies: None.

All cost impacts, known to the Department at the time the notice of proposed action was submitted to the Office of Administrative Law, that a representative private person or business would necessarily incur in reasonable compliance with the proposed action: The agency is not aware of any cost impacts that a repre - sentative private person or business would necessari - ly incur in reasonable compliance with the proposed action.

MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Department has determined that the proposed regulations would not impose a mandate on local agencies or school districts, nor are there any costs for which reimbursement is required by

part 7 (commenc- ing with

section 17500) of division 4 of the Govern - ment Code. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT AFFECTING BUSINESSES The Department has made an initial determination that the regulations would not have a significant state- wide adverse economic impact directly affecting busi- nesses, including the ability of California businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (ANALYSIS) In accordance with Government Code

section 11346.3(b)(1), the Department has determined that the regulations would not significantly affect the following: 1) The creation or elimination of jobs within the State of California; 2) The creation of new businesses or the elimina - tion of existing businesses within the State of California; or 3) The expansion of businesses currently doing business within the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1233 IMPACT ON JOBS AND BUSINESSES The Medi–Cal program is a public health program that provides health care services for low–income in - dividuals who choose to enroll and participate in the program. This regulatory proposal will impact the Medi–Cal eligibility determination process conducted by county departments. Specifically, the amendments proposed through this regulatory action will update and enhance the usefulness of the county department contact information provided on a NOA.

This regula - tory proposal is not anticipated to have an impact on the creation or elimination of jobs, the creation of new businesses, the elimination of existing businesses or the expansion of businesses in California. BENEFITS OF THE PROPOSED REGULATION The Department has determined that the proposed regulations will not specifically affect worker safety or the state’s environment. However, the regulations will benefit county departments that conduct Medi– Cal program eligibility determinations, as well as ap - plicants and beneficiaries.

Including the most relevant and useful county department contact information will support county department efforts to be available for applicants and beneficiaries to answer questions and provide guidance regarding their NOA. This, in turn, will benefit the health and welfare of California resi - dents. Ensuring access to the county department and information about the NOA will benefit the health and welfare of California residents, specifically supporting applicants and beneficiaries in their efforts to apply for or maintain eligibility in the Medi–Cal program and to access necessary health care services.

This regulatory action also supports the proper and efficient administration of the Medi–Cal program, in accordance with federal and state laws. The Depart - ment accomplishes this by issuing regulations that im- prove eligibility determination processes. EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations would not affect small businesses because these regulations do not impose any additional report- ing, recordkeeping, or other compliance requirements on small businesses.

HOUSING COSTS DETERMINATION The Department has determined that the proposed regulations would have no impact on housing costs.

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 carry - ing out the purpose for which this regulatory action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provision of law.

Existing Medi–Cal program regulations are located in California Code of Regulations, title 22, division 3. Using this regulatory action to update requirements related to county department contact information that is listed on a NOA is the most effective and conve - nient way to provide current information directly to those impacted including applicants, beneficiaries, and county departments. ASSISTIVE SERVICES For individuals with disabilities, the Department will provide assistive devices, including sign–language

interpretation, real–time captioning, note takers, read- ing or writing assistance, and conversion of training or meeting materials into braille, large print, audio or electronic format. To request these services, copies in an alternative format or language services, all free of charge, please call or write: Department of Health Care Services Office of Regulations MS 0015 P.O.

Box 997413 Sacramento, CA 95899–7413 Program Phone Number: (916) 440–7695 Program Email: www.regulations.ca.gov Please note that the range of assistive services avail- able may be limited if requests are received less than ten working days prior to the meeting or event.

The Department shall provide, upon request from a person with a visual disability or other disability for which effective communication is required under state or federal law, a narrative description of the additions to, and deletions from, the California Code of Regula- tions or other publication in a manner that allows for accurate translation by reading software used by the visually impaired. Providing this description may re - quire extending the period of public comment for the proposed action pursuant to Government Code

section 11346.6.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1234 CONTACT PERSONS Inquiries regarding the proposed regulations de - scribed in this notice may be directed to Kath - ryn Floto of the Medi–Cal Eligibility Program at (916) 345–8076. All other inquiries concerning the action described in this notice may be directed to Erika Drayton–Jebali of the Office of Regulations, at (916) 345–8404, or to the designated backup contact person, Jasmin Dela - cruz, at (916) 345–8418.

AVAILABILITY OF TEXT OF REGULATIONS AND STATEMENT OF REASONS The Department has prepared and has available for public review an initial statement of reasons for the proposed regulations, all the information upon which the proposed regulations are based, and the text of the proposed regulations. The Office of Regulations, at the address noted above, will be the location of public records, including reports, documentation, and other material related to the proposed regulations (rulemak- ing file).

In addition, a copy of the final statement of reasons (when prepared) will be available upon re - quest from the Office of Regulations. The full text of any regulation which is changed or modified from the express terms of this proposed ac - tion will be made available by the Department’s Of - fice of Regulations at least 15 days prior to the date on which the Department adopts, amends, or repeals the resulting regulation.

Materials regarding the regulatory action described in this notice (including this public notice, the regula - tion text, and the initial statement of reasons) are post- ed to the Department’s Internet site at: http://www. dhcs.ca.gov/formsandpubs/laws/Pages/Proposed Regulations.aspx. In order to request a copy of this public notice, the regulation text, and the initial statement of reasons be mailed to you, please call (916) 440–7695 (or Califor- nia Relay at 711), email regulations@dhcs.ca.gov, or write to the Office of Regulations at the address noted above. TITLE 23. DEPARTMENT OF WATER RESOURCES DIVISION 2

CHAPTER 1. DAMS AND RESERVOIRS The Department of Water Resources (Department) is proposing to amend the regulations that explain how its Architectural and Engineering (A&

E) contracting program operates pursuant to the Government Code sections 4525–4529.5, Public Contract Code sections 6106 and 10335. The Department will conduct a public hearing at the time and place noted below to receive comments on the proposed regulation. PUBLIC HEARING Interested members of the public may present com - ments on the proposed regulations orally or in writing at the hearing. The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The hearing will be held in accordance with the re - quirements in Government Code

section 11346.8. The hearing details are as follows: Date: Tuesday, November 7, 2023 Time: 10 a.m.–11 a.m. Location: Ziggurat Building Auditorium 707 3rd Street West Sacramento, CA 95605 Americans with Disabilities Act: It is the policy of the state to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. Persons with dis - abilities requiring reasonable modification to partici - pate in the event must provide their request to Kris - ten Martin with Division of Division of Engineering Kristen.Martin@water.ca.gov or (916) 712–6623.

You may also contact the California Relay Ser - vice at (800) 735–2922 or (888) 877–5979; TTY at (900) 735–2929 or (888) 877–5978, or Speech to Speech at (800) 854–7784. It is recommended that the Department receive the request at least six working days prior to the event. WRITTEN COMMENT PERIOD Interested members of the public may submit com - ments by email or postal mail before the hearing. The public comment period for this regulatory action will begin on September 22, 2023.

To be considered by the Department, written comments submitted before the hearing must be submitted on or after September 22, 2023 and received no later than 5:00 p.m. on Novem- ber 7, 2023 and must be addressed to the following: Kristen Martin Division of Engineering P.O. Box 942836 Sacramento, CA 94236–0001 (916) 712–6623 AERegs@water.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1235 Americans with Disabilities Act: It is the policy of the state to make every effort to ensure that its pro - grams, activities, and services are available to all persons, including persons with disabilities. Persons with disabilities requiring reasonable modification to participate in the event should provide their request to Kristen Martin with Division of Engineering at Kristen.Martin@water.ca.gov or (916) 712–6623.

You may also contact the California Relay Ser - vice at (800) 735–2922 or (888) 877–5979; TTY at (900) 735–2929 or (888) 877–5978, or Speech to Speech at (800) 854–7784. It is recommended that the Department receive the request at least six working days prior to the event. AUTHORITY AND REFERENCE Water Code sections 1976 through 1982 authorize the Department to adopt the proposed regulations. The proposed regulations implement, interpret, and make specific Public Contract Code sections 6106 and 10335 and Government Code sections 4525–4529.5 and 4529.10–4529.20.

INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW The proposed amendments clarify the A&E regu - lations to streamline the A&E contracting program within DWR to make it easier for those preparing Statements of Qualifications (SOQs) for contracts and eliminate all exclusions, and allow for DWR to post a “Look–Ahead Report” which constitutes publish - ing estimated ranges of contract values for upcoming A&E contracts.

SUMMARY OF EXISTING LAWS AND REGULATIONS The Department’s Division of Engineering (DOE) implements

Chapter 10 of Division 5 of the Govern - ment Code and

Part 1 of Division 2 of the Public Contract Code, which is commonly referred to as the Architectural and Engineering (A&

E) Contracting Program. EFFECT OF PROPOSED RULEMAKING The proposed regulation amendments clarify how the Department’s A&E Contracting Program operates. This clarification will benefit the architectural and en- gineering consulting industry who submit qualifica - tions for A&E contracts. In addition, the Department wants to clarify its ability to publish a “Look–Ahead report” which should result in more transparency, increased submittal volume, and higher quality sub - mittals from consultants. This will benefit the people of California by increasing the number and variety of consultants to select.

DIFFERENCES FROM COMPARABLE FEDERAL REGULATIONS The Brooks Act (40 U.S.C.A. §§ 1101 to 1104) and Federal Acquisition Regulation (F A

R) Subpart 36.6, (48 C.F.R.

Part 36, Subpart 36.6) governs the procure- ment of architectural and engineering services by fed- eral agencies. This federal authority is very similar to the statutes and regulations that govern the Depart - ment’s procurement of architectural and engineering services. The additions of

Article XXII “Architectur - al and Engineering Services” to the State of Califor - nia Constitution and Government Code §§ 4529.10– 4529.20,

Chapter 10.1, “Architectural and Engineering Services” in November 2000 were patterned after the federal Brooks Act. Both the federal regulations and those of DWR require the selection of architectural and engineering firms based on professional qualifica- tions before the negotiation of any fair and reasonable compensation for services. Although the federal and Department’s statutory and regulatory schemes operate similarly, the Depart - ment’s procurement of architectural and engineering services are only affected by federal rules if the De - partment’s subject procurement is federally funded.

COMPATIBILITY WITH EXISTING STATE REGULATIONS The Department determined that the proposed reg - ulations are consistent and compatible with existing State A&E regulations. The Department is aware that the California Department of Transportation (Cal - Trans), California Department Corrections and Reha - bilitation (CDCR), Department of General Services (DGS), California Parks and Recreation (Parks), the Department of Boating and Waterways (no longer in existence and is now the Division of Boating and Wa- terways within Parks), California High–Speed Rail Authority, have similar A&E contracting programs.

CalTrans publishes a Look Ahead Report on their A&E website online, similar to one of the changes being proposed by DWR in this current rulemaking. Caltrans, CDCR, DGS, Parks, the Department of Boating and Waterways, and California High–Speed Rail Authority do not have a

section on Exclusions, which DWR is eliminating in this current rulemaking as it simply restates existing law.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1236 DOCUMENTS INCORPORATED BY REFERENCE The proposed regulations will not be incorporating any documents by reference. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed regulations are not mandated by fed - eral law or regulations. OTHER STATUTORY AND LEGAL REQUIREMENTS There are no other statutory or legal requirements. LOCAL MANDATE The Department has determined that the proposed regulations changes will not impose a mandate on lo - cal agencies or school districts that is required to be reimbursed under

part 7 (commencing with

section 17500) of division 4 of the Government Code. FISCAL IMPACT Based on the findings of little or no direct economic impacts to A&E firms and given that DWR would not change its A&E solicitation, review, and contracting process, it would follow that there would be little or no related fiscal impacts to DWR. There are no expected costs or savings to local agencies or school districts, nor to any state agency, nor non–discretionary cost or savings imposed upon local agencies, nor cost or savings in federal funding to the state.

HOUSING COSTS The Department has made the initial determination that the proposed regulatory action will not have a sig- nificant effect on housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE The Department has made an initial determination that 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.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The proposed action will neither create nor elimi - nate jobs within the state. The proposed action will neither create nor eliminate businesses within the state. The proposed action will not expand businesses within the state. As stated above, the proposed reg - ulations will benefit Californians generally through the streamlining of A&E contracting program and increasing the number and variety of consultants to select. The proposed regulations are not expected to affect worker safety or the state’s environment.

A&E firms spend upwards of $194,400 per SOQ prepared. However, given that DWR is not changing its A&E solicitation, review, and contracting process, there are no anticipated changes in the total number of SOQs prepared each year. There also are no anticipat- ed changes to negotiated contract values. Therefore, there are expected to be little or no economic impacts. COST IMPACTS ON A REPRESENTATIVE PERSON OR BUSINESS The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

BUSINESS REPORTING REQUIREMENTS There are no new business reporting requirements as a result of the proposed regulations. EFFECT ON SMALL BUSINESS The proposed regulations will not affect small busi- ness because there are no anticipated changes to nego- tiated contract values. Therefore, there are expected to be little or no economic impacts.

ALTERNATIVES STATEMENT 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 pur - pose for which the action is proposed,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 38–Z 1237 ● would be as effective and less burdensome to af - fected 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.

DEPARTMENT CONTACT PERSONS Questions regarding the proposed regulatory action may be directed to: Kristen Martin Division of Engineering 715 P Street, 4 th Floor Sacramento, CA 95814 (916) 712–6623 AERegs@water.ca.gov Backup contact person: Alannah Chapman Division of Engineering 715 P Street, 4 th Floor Sacramento, CA 95814 (916) 764–9779 Alannah.Chapman@water.ca.gov AVAILABILITY OF DOCUMENTS The Department has prepared an initial statement of reasons (ISOR) for the proposed regulations.

This notice, the ISOR, the express terms, and all the in - formation upon which the proposed regulations are based (the Rulemaking Record) are available on the DWR’s A&E Program website at https://water. ca.gov/Programs/Engineering–And–Construction/ AandEContractsProgram . These documents will also

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 38
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	4503fb17354692660592df120107ef036099551d

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