Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 17-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 28, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0418–04 ........................................ 591 AMENDMENT MULTI–COUNTY: Inland Counties Emergency Medical Agency STATE AGENCY: Department of Resources Recycling and Recovery (CalRecycle) TITLE 3.

FOOD AND AGRICULTURE Vesicular Stomatitis Virus (VSV) Entry Requirements for VSV Susceptible Animals — Notice File Number Z2023–0412–01 ................................................................. 592 TITLE 8. APPRENTICESHIP COUNCIL Equal Opportunity in Apprenticeship — Notice File Number Z2023–0418–01 ................................ 594 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Level IV 180/270 Design Facility Housing — Notice File Number Z2023–0414–01 ............................ 598 TITLE 17.

AIR RESOURCES BOARD Amendments for the Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities — Notice File Number Z2023–0411–13 .................................................. 602 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Monitoring and Research at California Least Tern Nesting Colonies ....................................... 609 DEPARTMENT OF FISH AND WILDLIFE West of Bayshore: San Francisco Garter Snake Recovery Action Plan, 2081(a)–2023–0003–R3, County of San Mateo ............................................................................. 610 (Continued on next page)

DEPARTMENT OF PESTICIDE REGULATION Notice of Extension of Written Comment Period ....................................................... 610

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 611 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 591 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Inland Counties Emergency Medical Agency STATE AGENCY: Department of Resources Recycling and Recovery (CalRecycle) A written comment period has been established commencing on April 28, 2023 and closing on June 12, 2023.

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

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

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

Any written comments must be received no later than June 12, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 592 A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 3.

FOOD AND AGRICULTURE EMERGENCY CONTROL AND ERADICATION OF ANIMAL DISEASES NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “Department”) proposes to amend the proposed reg - ulations described below after considering all com - ments, objections, and recommendations regarding the proposed actions. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action.

However, the Department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days be- fore the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her duly authorized representative, may submit written comments relevant to the proposed regulatory action to the Department. Comments can be submitted via email to angelina. velez@cdfa.ca.gov or mail to the address listed be - low. The written comment period closes on June 12, 2023.

The Department will consider only comments received at the Department by that time. Submit comments to: Angelina Velez Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 718–8284 Email: angelina.velez@cdfa.ca.gov AUTHORITY AND REFERENCE Existing law,

section 11342.2 of the Government Code section, allows state agencies to adopt regula - tions that are reasonably necessary to effectuate the purpose of a statute, based on implied authority within that governing statute. Existing law,

section 407 of the Food and Agri - cultural Code, provides that the Secretary of the De - partment of Food and Agriculture (Department) may adopt such regulations as are reasonably necessary to carry out the provisions of the code which she is di - rected or authorized to administer or enforce. Existing law,

section 10610 of the Food and Ag - ricultural Code, authorizes the Secretary of the De - partment to adopt regulations to control and eradicate cattle diseases by requiring permits before entry of, and limitations on the importation of, cattle and oth - er animals or materials that might act as a cause or a vector of a disease or condition that is infectious or contagious to cattle. Existing law,

section 10781 of the Food and Agri - cultural Code, authorizes the Director to adopt reg - ulations to control or eradicate hog cholera, swine brucellosis, pseudorabies, and other swine diseases by limitations on the movement of swine. Existing law,

section 9641.5 of the Food and Agri - cultural Code, provides that any horse or other Equi - dae brought into this state shall be accompanied by a certificate of health from the state of origin issued by an accredited veterinarian stating that the horse or other Equidae is free from evidence of any communi - cable disease. Existing regulations under

Section 799 of the Cali - fornia Code of Regulations, specifies the requirements for interstate movement of all susceptible animals that have been potentially exposed to Vesicular Stomatitis Virus (VSV). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Department is proposing the amendment to

section 799 under of

Article 11,

Chapter 2, Division 2, of Title 3 of the California Code of Regulations, to update the interstate movement requirements for VSV susceptible animals during an active outbreak in the United States of VSV. Anticipated Benefits of the Proposal: This amend - ment will provide the public with clear and accurate information for the requirements for importation of animals susceptible to VSV, upon the Department’s notification by the USDA that a state or country has a confirmed or suspect VSV premises. This amendment also ensures the Department has the ability to properly control, manage, and prevent the spread or introduc - tion of VSV within the State.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 593 CONSISTENCY EVALUATION The Department has evaluated this proposal and be- lieves that it is not inconsistent or incompatible with the Department’s existing State regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code

section 17500 et seq. Re - quire Reimbursement: None. The Department has made an initial determination that the proposed regulatory action will not have any significant statewide adverse economic impact direct- ly affecting California businesses including the ability of California businesses to compete with businesses in other states. Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action.

The anticipated compliance requirements as a result of this proposal: The proposal contains no additional record keeping or paperwork. Effect on Housing Costs: None. Effect on Small Business: The Department has ini - tially determined that the proposed changes to the regulations would have no impact directly affecting small businesses. These regulations do not require any additional costs or outputs for small businesses. These regulations do not establish any new limitations on small businesses.

RESULTS OF ECONOMIC IMPACT ASSESSMENT Benefits of the regulation to the health and welfare of California residents, worker safety, and the State’s environment: The Department is not aware of any spe- cific benefits this proposal will have on worker safety or the State’s environment. The proposed regulation benefits the health and wel- fare of California residents, including animal health, public health, the food supply, and the economy by serving to prevent the spread of VSV in the State of California during a VSV outbreak.

Occupations/Businesses Impacted: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of businesses in California. Business Reporting Requirement: There are no new reporting requirements as a result of this proposal. Comparable Federal Regulations: This proposal does not duplicate or conflict with federal regulations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Department invites interested persons to pres - ent statements or arguments with respect to alter - natives to the proposed regulations at the scheduled hearing or during the written comment period. A VAILABILITY OF INITIAL STATEMENT OF REASONS AND INFORMATION AND TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations and of the Initial Statement of Reasons, and all the information upon which the proposal is based, may be obtained by contacting the persons named be - low or by accessing the Department’s website as indi- cated below in this Notice.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the persons named below. Any person may obtain a copy of the Final State - ment of Reasons once it has been prepared, by making a written request to the contact persons named below or by accessing the website listed below.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Department may amend the proposed regulations substantially as described in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 594 If the Department makes modifications, which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modi - fied regulations to the attention of Angelina Velez at the address listed below. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A VAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the persons named below. AVAILABILITY OF DOCUMENTS ON THE INTERNET Website Access: Materials regarding this propos - al can be found by accessing the following Internet address: https://www.cdfa.ca.gov/ahfss/regulations. html#AHB–rulemaking .

CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Angelina Velez Department of Food and Agriculture Animal Health & Food Safety Services Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 718–8284 Email: angelina.velez@cdfa.ca.gov The backup contact person is: Emily Nietrzeba, DVM, MPH Equine Veterinarian Department of Food and Agriculture Animal Health & Food Safety Services |Animal Health Branch 1220 N Street, Sacramento, CA 95814 Telephone: (916) 508–3302 Email: emily.nietrzeba@cdfa.ca.gov TITLE 8.

APPRENTICESHIP COUNCIL EQUAL OPPORTUNITY IN APPRENTICESHIP CALIFORNIA CODE OF REGULATIONS TITLE 8,

CHAPTER 2, SUBCHAPTER 1

SECTION 201, ET SEQ. Notice is hereby given that the California Appren - ticeship Council (CAC or Council) proposes to adopt the regulations described below to implement, inter - pret, and make specific sections 3071, 3073, 3073.1, 3073.9, 3074, 3074.3, 3075, 3075.6, 3075.7, 3078, 3079, 3080, 3081, 3082, 3083, and 3090 of the Labor Code. The proposal would amend sections 201, 206, 212, 212.3, 212.4, and 215 of Subchapter 1,

Chapter 2, Ti - tle 8 of the California Code of Regulations and add new sections 201.1, 214, 214.1, 214.2, 214.3, and 214.4. The proposed regulations would advance equal op - portunity in building and construction trade appren - ticeships, including clarifying the responsibility of apprenticeship programs to uphold equal opportunity and establishing standards to protect apprentices and applicants for apprenticeship from discrimination and harassment.

PUBLIC HEARING The CAC will hold public hearings on this proposal as follows: Date: Monday June 19, 2023 Time: 10:00 a.m. until all comments have been received Location: Elihu Harris Oakland State Building, Room 15 1515 Clay Street Oakland, CA 94612 Date: Wednesday, June 21, 2023 Time: 10:00 a.m. until all comments have been received Location: Junipero Serra State Building, Room 8A 320 W. Fourth Street Los Angeles, CA 90013 At the hearings, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest below.

The CAC requests but does not require that a person who makes oral comments at a hearing also submit the comments in writing.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 595 WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the attention of Glen Forman at the California Apprenticeship Council, ad - dressed as follows: ● By mail to 1515 Clay Street, Suite 1902, Oakland, CA 94612 ● By electronic mail to csuggest@dir.ca.gov ● By facsimile to (510) 286–1448 The CAC will only consider written comments re - ceived by 11:59 p.m., June 22, 2023.

Written and oral comments, attachments, and as - sociated contact information (e.g., address, phone, or email) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority: Labor Code sections 3071, 3073.9, and 3081. Reference: Labor Code sections 3071, 3073, 3073.1, 3073.9, 3074, 3074.3, 3075, 3075.6, 3075.7, 3078, 3079, 3080, 3081, 3082, 3083, and 3090. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing California Laws and Regulations Existing law authorizes the CAC to promulgate reg- ulations that establish standards for minimum wages, maximum hours, and working conditions for appren - tices in the building and construction trades. Existing law also authorizes the chief of the Divi - sion of Apprenticeship Standards (DAS) of the De - partment of Industrial Relations (DIR) to evaluate, approve, and withdraw state approval of apprentice - ship programs under regulations established by the CAC.

CAC regulations govern how the administrator of apprenticeship investigates and resolves complaints against apprenticeship programs. Existing law prohibits discrimination and harass - ment in employment on specified bases and makes it a misdemeanor for any person to willfully discriminate on those bases in any recruitment or apprenticeship program. The building and construction trades are dominated by men and have historically excluded not only wom- en, but also minorities and people with disabilities.

To attract more women, both the trades themselves and the apprenticeship programs that feed into them must become more welcoming to women. In 2018, the legislature passed Assembly Bill (AB) 2358 (Ch. 675, Stats. 2018) to strengthen California’s commitment to prohibiting discrimination and to en - sure equal opportunity in apprenticeship for the build- ing and construction trades specifically. AB 2358 bor- rows much of its language from recently–promulgated federal regulations governing equal employment op - portunity in apprenticeship (29 C.F.R.

Part 30). AB 2358 replaces the State of California Plan for Equal Opportunity on Apprenticeship (CalPlan), which has been rendered obsolete since its last update in 1986.

AB 2358 expressly prohibits discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medi - cal condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for in- dividuals over forty years of age, military or veteran status, or sexual orientation, with regard to acceptance into, or participation in, any building or construction trade apprenticeship program.

AB 2358 further re - quires apprenticeship programs in the building and construction trades to develop and implement proce - dures to ensure that apprentices are not harassed or discriminated against, such as providing antiharass - ment and antidiscrimination training, establishing procedures for investigating and resolving complaints, and maintaining records that demonstrate compliance with AB 2358. AB 2358 expressly authorizes the CAC to issue regulations to implement the statute.

Determination of Consistency with Existing State Regulations The CAC has determined that the proposed regu - lations are consistent with existing state regulations. The proposed regulations supplement those promul - gated by the Civil Rights Department under Califor - nia’s Fair Employment and Housing Act (FEHA), Title 2, Division 4.1,

Chapter 5, Subchapter 2. AB 2358 is consistent with the FEHA in protecting the same per - sonal characteristics from discrimination during all aspects of the operation of a building or construction trade apprenticeship program. (California Labor Code § 3073.9 and Government Code § 12940.) AB 2358’s differences from the FEHA enhance the FEHA ’s protections.

Whereas FEHA regulations ap- ply to apprenticeship programs with five or more “em- ployees,” including apprentices, AB 2358 has no size threshold and therefore ensures that even the smallest programs are covered by its antidiscrimination pro - tections. AB 2358 also goes further by enhancing the FEHA ’s training requirements and directing appren - ticeship programs to take affirmative steps in drafting program standards, assigning staff to monitor compli- ance, and recruiting and orientating apprentices.

With respect to determining whether a building or construction trade apprenticeship program has en - gaged in a practice prohibited by AB 2358, the statute references the legal standards, defenses, and excep - tions applied under the FEHA and its implementing

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 596 regulations. (Labor Code § 3 073.9, subdivision (b).) In addition, the proposed amendments will ensure that government officials enforcing the FEHA are provid - ed relevant information on request and that apprentice selection procedures comply with FEHA regulations. Comparable Federal Regulations Comparable federal regulations govern equal em - ployment opportunity in apprenticeship and are appli- cable to all apprenticeship programs registered with the U.S. Department of Labor’s Office of Apprentice- ship. (29 C.F.R.

Part 30.) Most of California’s appren- ticeship programs in the building and construction trades are federally registered 1 and subject to these regulations, on which the proposal is modeled. In par- ticular, proposed

section 214.1 is modeled on 29 C.F.R.

section 30.3(b)(2)(iii), proposed

section 214.2 on 29 C.F.R.

section 30.3(b)(3), and proposed

section 214.3 on 29 C.F.R.

section 30.12. The proposed regulations differ from federal regula- tions in significant respects. The proposed regulations are broader, covering additional personal characteris - tics (ancestry, medical condition, marital status, gen - der, gender identity, gender expression, and military or veteran status) and the minority of California pro - grams that are not registered with the federal Office of Apprenticeship. However, the proposed regulations are narrower in applying only to apprenticeship pro - grams in the building and construction trades rather than to all apprenticeship programs.

The federal regu- lations impose on apprenticeship programs additional responsibilities primarily related to affirmative action plans, which do not exist in state law. (See e.g., 29 C.F.R. §§ 3 0.3(b) [general duty to engage in affirma - tive action], 30.4 [adoption of affirmative action pro - grams], and 30.5–30.6 [utilization goals for race, sex, and ethnicity].) Further differences are detailed in the Initial Statement of Reasons.

Rulemaking Effects The proposed regulations interpret and make more specific the requirements of AB 2358, clarifying an apprenticeship program’s responsibilities and conse - quences for noncompliance.

In particular, the amend - ments address the following matters: ● P rocedures for handling a complaint filed with the administrator of apprenticeship and alleging a violation of AB 2358; ● P rocedures for initiating DAS evaluation of pro - grams suspected of violating AB 2358, temporar- ily suspending the registration of new apprentices 1 To be eligible to dispatch apprentices to work on federal pub - lic works projects, a California apprenticeship program must be federally registered.

Since 2007, the federal government has not recognized state registration because California law conflicts with federal law in limiting the creation of new apprenticeship programs. (See Labor Code

section 3075(b).) by such programs, and ultimately deregistering violators; ● R equirement that an apprenticeship program’s governing documents (known as “apprentice - ship standards” or “apprenticeship program stan - dards”) expressly include AB 2358’s antidiscrim- ination provisions; ● R equirements for annual notice to contractors employing apprentices of the contractors’ non- discrimination obligations under AB 2358; ● R equirements for orientation and annual infor - mation sessions for program employees, instruc - tors (who may not be directly employed by the program), and apprentices; ● R equirements for outreach and apprentice re - cruitment efforts, including targeting all demo - graphic groups within the relevant recruitment area; ● R ecordkeeping requirements; ● R equirements for antidiscrimination training of employees, instructors, and apprentices; ● P rohibition of discrimination based on specified characteristics in specified aspects of apprentice - ship programs; and ● R equirements for apprentice selection procedures.

Other proposed amendments conform existing reg - ulatory language to AB 2358 and make that language consistent with the new sections. Anticipated Benefits of the Proposed Regulations Adopting the proposed amendments would enable full implementation of AB 2358’s protections, provid- ing benefits for apprentices in the building and con - struction trades, their employers, and apprenticeship programs.

Reducing or eliminating workplace discrimination and harassment would encourage workers from histor- ically underrepresented groups to enter the construc - tion industry as apprentices and enable them to work without facing intimidation or coercion. Enforcement procedures would provide apprentices and applicants for apprenticeship avenues for redress should they be subject to discrimination or harassment. Psycho - logically healthier work environments would benefit apprentices, coworkers, and supervisors.

Finally, ap - prentices who might have been driven to quit their ap- prenticeships would benefit both psychologically and monetarily from retaining stable incomes and work schedules. Eliminating the distractions and discord caused by workplace discrimination would benefit employers by improving workers’ job performance and reduc - ing business disruption. Employers would also benefit from a more diverse and competitive workforce, low - er staff turnover, and lower liability. Proper training

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 597 of employees, instructors, and apprentices about dis - crimination and harassment could also reduce inci - dences of work–related violence. Regulations clarifying AB 2358’s requirements would enable apprenticeship programs to implement the requirements and incorporate them into program standards more easily. Apprenticeship programs would be better able to retain apprentices and participating employers. In addition, clear enforcement procedures would enable a program suspected of violating AB 2358 to know what to expect in an enforcement action.

Reducing or eliminating workplace discrimination and harassment would also have broader impacts, advancing social equity generally and promoting the health and welfare of California’s workforce. DISCLOSURES REGARDING THE PROPOSED ACTION The Council made the following initial determinations. Mandate on local agencies or school districts: None. Cost to any local agency or school district that is required to be reimbursed under

Part 7 (commencing with

section 17500) of Division 4 of the Government Code: None. Other nondiscretionary cost or savings imposed upon local agencies: None. Cost or savings to any state agency: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Significant, statewide, adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None.

Cost impacts on representative private person or business: The CAC expects no cost impacts on apprenticeship programs in the building and construction trades relat- ed to complaint investigation by the administrator of apprenticeship or evaluation by the DAS chief (section 201.1), suspension or deregistration (section 206), re - vision of program standards (sections 212 and 215(b)), written notice to contractors (section 214), or selection of apprentices (section 215(c)).

The CAC expects negligible cost impacts for com - pliance with the proposed orientation and periodic information session requirements (section 214.1), out- reach and recruitment requirements (sections 214.2 and 215(b)), and record retention requirements (section 214.3). Nearly all California building and construction trade programs are also registered with the federal Of- fice of Apprenticeship and are therefore already sub - ject to 29 C.F.R.

Part 30, upon which these require - ments are modeled. For apprenticeship programs that are not registered with the Office of Apprenticeship, the cost impacts would also be negligible. Providing orientation is al - ready a regular practice to onboard employees and apprentices. Inclusion of an equal opportunity compo- nent would add little time or cost. Similarly, remind - ing employees and apprentices of the program’s equal opportunity policy can be part of a packet of informa- tion that is likely already provided on an annual ba - sis.

Outreach recruitment efforts are central to an ap - prenticeship program’s operation and developing lists of recruitment sources that Will generate apprentice referrals is already crucial for a program’s survival. Outreach to underrepresented communities would be incorporated in this established process. Apprentice - ship programs already retain records for a variety of reasons.

For instance, programs must retain records in case any question arises about whether an apprentice actually graduated, why an apprentice did not gradu- ate, or the hours of training an apprentice underwent. (See, e.g., Labor Code § 3 073.1.) Segregating medi- cal information from other records is already a legal requirement. (See Cal. Code Regs. title 2,§ 1 1069(g); 29 C.F.R. § 1630.14(d)(4).) Proposed

section 214.4 imposes a biannual antidis - crimination and antiharassment training requirement for employees (two hours) and apprentices (one hour). Apprentices are not compensated for instruction time, but programs would bear the cost of the time that their employees spent in training. Employees are compen- sated at the prevailing wage for journey–level con - struction workers, currently $78.10 per hour. 2 For a program with the average number of employees — 25 — the annual cost of employee time used for training would be $1,953.

A program would also spend about $1000 for implementation in the first year, which is an average of costs for obtaining the material for the training courses—from free material from the Civil Rights Department to more detailed courses costing up to $5,000. Over 10 years, the total cost of meet - ing the requirements of 214.4 for a program of average size would be $3,839,110. Effects on small business: All 187 registered apprenticeship programs in the building and construction trades are small business - es because they have fewer than 100 employees.

All would be affected by the proposed regulations to the extent that they would be required to comply. How - ever, as explained above, costs would be negligible. If, under

section 206, registration of new apprentice agreements by a program were suspended or the pro - gram were deregistered, the program would be affect- 2 Department of Industrial Relations, “Index 2022–2 general pre- vailing wage journeyman determinations,” accessed November 3, 2022, https://www.dir.ca.gov/oprl/2022–2/PWD/index.htm .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 598 ed in that it would incur a detriment, but deregistration is expected to be extremely rare. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT After analyzing the potential economic impact of the proposal, the CAC concludes that it is unlikely that the amendments would create or eliminate any jobs within California, create new businesses or eliminate existing businesses, or expand businesses currently doing business in the state.

The amendments would benefit the health and welfare of California residents generally and worker safety in all the ways explained above. (See Anticipated Benefits of the Proposed Reg- ulations.) However, the proposal would not have a discernible benefit for the state’s environment beyond encouraging electronic recordkeeping, which reduces paper consumption. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The CAC invites interested persons to present statements or arguments about alternatives to the proposed regulations at the scheduled hearing or in writing during the public comment period.

CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Glen Forman California Apprenticeship Council 1515 Clay Street, Suite 1902 Oakland, CA 94612 Telephone: (510) 286–3966 Email: GForman@dir.ca.gov The backup contact person for these inquiries is: Deneen Phillips Division of Apprenticeship Standards 1515 Clay Street, Suite 1902 Oakland, CA 94612 Telephone: (510) 879–3966 Email: DLPhillips@dir.ca.gov A VAILABILITY OF RULEMAKING DOCUMENTS Rulemaking File As of the date of this notice, the rulemaking file consists of this notice, the Text of Proposed Regula - tions (express terms), and the Initial Statement of Rea- sons.

Other documents will be added in the course of rulemaking. The entire file, including information upon which the proposal is based, will be available for inspection and copying throughout the rulemaking process at the CAC office above. Rulemaking records may also be accessed on the CAC’s website or by con- tacting Deneen Phillips. Modified Text After holding the hearing and considering all timely and relevant comments received, the CAC may adopt the proposed regulations substantially as described in this notice.

If the CAC makes modifications which are sufficiently related to the originally proposed text, the agency will make the modified text (with chang - es clearly indicated) available to the public and accept written comments for at least 15 days before adopt - ing the regulations as revised. Any such modifications will also be posted on the CAC’s website. Final Statement of Reasons Upon completion, the Final Statement of Reasons will be available as indicated above along with the oth- er rulemaking documents. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION LEVEL IV 180/270 DESIGN HOUSING FACILITY NOTICE IS HEREBY GIVEN that the Secre - tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend sections 3375 and 3375.1 of Title 15, Division 3,

Chapter 1, regarding Level IV 180/270 Design Hous - ing Facility. PUBLIC COMMENT PERIOD The public comment period begins April 28, 2023 and closes on June 13, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the reg - ulations, call the program contact person listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 599 CONTACT PERSONS Primary Contact R. Ruiz Telephone: (916) 455–2244 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact C. Alcazar Telephone: (916) 322–1164 Division of Adult Institutions Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: June 15, 2023 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Sequoia Conference Room 150 1515 S Street — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

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

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

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

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

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

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

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Corrections and Rehabilitation (CDCR or the department) proposes to amend sections 3375 and 3375.1 of the California Code of Regulations (CCR) Title 15, for determining placement of an inmate in a Level IV 180–design or 270–design facility.

The objective of this regulatory action is to better serve the inmate population by pro - viding flexible Level IV housing options to accommo- date the interests and behavioral needs of the inmate while simultaneously reducing the impact and strain on departmental resources. Upon arrival to CDCR, inmates are processed through a Reception Center (RC), in order to complete the classification process. The classification process is conducted by CDCR counseling staff and includes a thorough review of the inmate’s case factors. As a re - sult, the inmate is assigned a Placement Score pursu - ant to

section 3375.3. This placement score determines housing at one of four security levels as established in subsections 3375.1(a)(1) through 3375.1(a)(4). Lower placement scores correspond with lower security con- trols, and higher placement scores correspond with higher security controls. Level I housing is designated for inmates who require the least secure housing and supervision. Levels II and III are designed for inmates who require more secure housing and supervision, and Level IV is designated for inmates who require the most secure housing and direct observation.

The Placement Score is the primary case factor used in determining the security level of the inmates and the appropriate facility to house the inmate to ensure the safety, security, treatment, and rehabilitative needs of the inmates are met, as well as the safety of staff, in- mates and security of the institution. Once the classifi- cation process is completed, the inmate is transferred to a facility which corresponds with their placement score, security level, and case factors such as medi - cal or mental health needs. Pursuant to subsection 3376(d)(2)(A), each year a review is performed by a

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 600 Unit Classification Committee to determine the ac - curacy of the inmate’s placement score. The inmate’s placement score is recalculated pursuant to

section 3375.4. The department’s Level IV housing includes 180– design and 270–design facilities for General Popula - tion (GP) inmates. As described in subsection 3377(d), Level IV 180–design facilities utilize housing units comprised of two wings; each wing is partitioned into three self–contained “pods” that have their own dayroom and control room. Each wing is linked by a dining facility and ancillary functions. The design of the housing unit allows for a 180–degree view of all cells and dayrooms from the control room.

A Level IV 270–design facility utilizes housing units comprised of three connected sections and one dayroom. Por - tions of the first and third sections extend back behind the blind side of the control room. The design of the housing unit places cells within a 270–degree circum- ference of a circle with the control room in the center of the circle. A Level IV 270–design facility provides less direct observation than the 180–design facility. The department’s current criteria for placement of an inmate in either a Level IV 180–design or 270– design facilities is delineated in existing subsections 3375.1(a)(4)(

A) through 3375.1(a)(4)(D). The previous 180–design or 270–design placement criteria focused primarily on excluding inmates for a certain period of time from Level IV 270–design facility placement, thereby requiring Level IV 180–design facility place - ment. Those inmates routinely excluded from Level IV 270–design facility engaged in the most violent incarcerated behavior, but also included such acts as possession of inmate manufactured weapons and dis - tribution of controlled substances.

The inmate would then become eligible for Level IV 270–design facili - ty placement after meeting the Level IV 270–design facility exclusionary timeframe detailed in existing subsections 3375.1(a)(4)(A)1. and 2. Additionally, ex- isting subsection 3375.1(a)(4)(A)4 allowed exclusion from Level IV 270–design facility placement during RC processing when an inmate with a Level IV place- ment score has case factors which exhibit an ongoing heightened security risk that potentially threatens institutional safety and security.

The inmate may be deemed a security concern thereby requiring place - ment in a Level IV 180–design facility. The existing criteria also allowed an inmate with 270–design facility exclusionary case factors to still be housed in a Level IV 270–design facility when the inmate required exceptional placement, as described in existing subsection 3375.1(a)(4)(A)5. Additionally, an Institution Classification Committee (ICC) had authority to override placement pursuant to existing subsection 3375.1(a)(4)(D).

Criteria for placing an inmate in a Level IV 180–de- sign facility requires revision to better serve the inmate population and improve the allocation of departmental resources. Although the current regulations allow an ICC to override placement based on various factors, the proposed regulations will authorize all Classification Committees as described in subsections 3376(d)(1)– 3376(d)(5)(

E) to evaluate the inmates’ case factors and determine the most appropriate placement to accom - modate the interests and behavioral needs of the in - mate. By revising the existing criteria, Classification Committees will no longer be required to transfer in - mates back and forth between Level IV 180–design and 270–design facilities. Numerous transfers nega - tively impact inmates’ job assignments, programming needs, and continuity of medical and mental health care.

In addition, the changes in the proposed regu - lations will reduce staff workload, which can include conducting numerous committee actions and complet- ing transfer audit reviews, which create an unneces - sary and undue burden on departmental resources. The department recognizes the security differences between a 180–design facility and 270–design facili - ty, and staff will continue to consider security when housing Level IV inmates.

The 180–design facility is equipped with security measures to control movement and has a direct line of sight throughout the entire building for the officer assigned to the control room, which reduces blind spots, as described in subsection 3377(d). Inmates who may need extra security con - trols of a 180–design facility may include those with documented Security Threat Group (STG) behavior or disciplinary history involving violence.

Although set exclusionary criteria is being eliminated, the Classi - fication Committee will be required to review the to - tality of inmates’ case factors to include disciplinary history, documented STG behavior as well as the in - mates’ medical and mental health needs, family reuni- fication and rehabilitative programming pursuant to

section 3375(

b) to determine their housing needs. This action will: ● Give classification committees and reception cen- ters more Level IV placement options. ● Promote family reunification, provide inmates with greater access to rehabilitative programs and assist the department with population, hous - ing, and security management. ● Improve the continuity of medical and mental health care. ● Ensure fewer disruptions to an inmate’s job as - signment and rehabilitative programs. ● Reduce pressure on departmental resources by re- ducing the number of committees, audits, trans - fers, and inmate grievances.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 601 ● Reduce workload of classification committees, audits, and transfers for inter–level, Level IV inmates. ● Promote effective utilization of department resources. ● Enhance effective population management. ● Replace reference to CDC 128–G, Classification Chrono, with reference to the automated form stored in the Strategic Offender Management System. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The proposed regulatory action will immediately benefit the Level IV inmate population by allowing inmate housing assignments to be dictated by specific case factors, which allows the department to address rehabilitation needs leading to reduced recidivism. The proposed regulations will alleviate staff workload and reduce costly expenditures of departmental re - sources, eliminating unnecessary committee actions, audits, and transfers.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern Level IV 180/270 Design Housing Facility.

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

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

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

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

These regulations may benefit the welfare of California residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, safer institutions may provide an environment more conducive to rehabilita- tion, thereby reducing recidivism. CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 602 of the department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law. Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period.

A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov.

A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person. A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice.

If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice. The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 17.

AIR RESOURCES BOARD GREENHOUSE GAS EMISSION STANDARDS FOR CRUDE OIL AND NATURAL GAS FACILITIES The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider approving for adoption the proposed amendments to the Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (the Oil and Gas Methane Regulation, or the Regulation). Date: June 22, 2023 Time: 9:00 a.m.

In–Person Location: California Air Resources Board Byron Sher Auditorium 1001 I Street Sacramento, CA 95814 Remote Option: Zoom This public meeting may continue at 9:00 a.m., on June 23, 2023. Please consult the public agenda, which will be posted ten days before the June 22, 2023, Board Meeting, for important details, including the day on which this item will be considered and how the public can participate via Zoom if they choose to be remote.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by electron - ic submittal before the hearing. The public comment period for this regulatory action will begin on April 28, 2023. Written comments not submitted during the hearing must be submitted on or after April 28, 2023, and received no later than June 12, 2023. Comments submitted outside that comment period are considered untimely.

CARB may, but is not required to, respond to untimely comments, including those raising signif - icant environmental issues. The Board also encour - ages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regulatory action. Com - ments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, CA 95814

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 603 Electronic submittal: https://www.arb.ca.gov/lispub/comm/bclist.php Please note that under the California Public Records Act (Government Code, § 7920.000 et seq.), your writ- ten and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be re - leased to the public upon request.

Additionally, the Board requests but does not re - quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review. AUTHORITY AND REFERENCE This regulatory action is proposed under the au - thority granted in California Health and Safety Code, sections 38510, 38562, 38566, 38580, 39600, 39601, 39603, 39607, 41511 and 42710. This action is pro - posed to implement, interpret, and make specific sections 38551, 38560, 39600, 40701, 40702, 41511, 42300, 42301, 42311 and 42710.

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Government Code, § 11346.5, subdivision (a)(3)) Sections Affected: Proposed amendments to California Code of Reg - ulations, title 17, division 3,

chapter 1, subchapter 10,

article 4, subarticle 13, by amending or adding sec - tions 95665, 95666, 95667, 95668, 95669, 95669.1, 95670, 95670.1, 95671, 95672, 95673, 95674, 95675, 95676, 95677, Appendix A, Appendix C, Appendix D, Appendix E, Appendix F, and Appendix G. Documents Incorporated by Reference (Cal. Code Regs., title 1, § 20, subdivision (c)(3)): The following documents would be incorporated in the regulation by reference: ● ASTM International, 2006. Specification D4891– 89: Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion. Reapproved 2006. Copyrighted.

Appendix F(d)(5)(B)(3). ● ASTM International, 2000. Specification D6522– 00: Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas–Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers. February 10, 2000. Copyrighted. Appendix F(b)(4)(A)(1). ● ANSI/ASME, 1981. PTC 19.10–1981: Flue and Exhaust Gas Analyses. Copyrighted. Appendix F sections (b)(4)(A)(1) and (d)(7)(C). ● United States Environmental Protection Agency (U.S. EPA), 2012.

Protocol 1: EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards. May 2012. Appendix F(d)(9)(D). ● Title 40 Code of Federal Regulations,

Part 60, Appendix A–1 — Test Methods 1 through 2F. Last amended January 14,

Section 95667(a)(17)(B), Appendix F section’s (b)(1), (d)(4)(A), (d)(4)(B), and (d)(6)(A)(2), and Appendix G

section (a)(4)(B). ● Title 40 Code of Federal Regulations,

Part 60, Appendix A–2 — Test Methods 2G through 3C. Last amended October 31, 2016. Appendix F sec- tions (b)(2), (b)(4)(A), (d)(7)(A)(4), (d)(7)(B), (d)(7)(C), and (d)(9)(F). ● Title 40 Code of Federal Regulations,

Part 60, Appendix A–3 — Test Methods 4 through 5I. Last amended March 23, 2021. Appendix F sec- tions (b)(3), (d)(7)(A), and (d)(7)(B). ● Title 40 Code of Federal Regulations,

Part 60, Appendix A–4 — Test Methods 6 through 10B. Last amended December 7, 2020. Appendix F

section (d)(8). ● Title 40 Code of Federal Regulations,

Part 60, Appendix A–7 — Test Methods 19 through 25E. Last amended December 7, 2020. Appendix E sections (b)(1)(A)(3), (b)(1)(C), (d)(2)(A)(2), and (f)(6), and Appendix F sections (a)(1), (b)(3), (b)(4), (d)(8), (d)(9)(A), (d)(9)(B), (d)(10), (d)(11)(A)(1), (d)(11)(A)(2), (e)(3), and (e)(5). ● Title 40 Code of Federal Regulations,

Part 60 — Standards of Performance for New Stationary Sources,

section 60.112b. Last amended October 8, 1997. Sections 95668(a)(2)(C), 95668(a)(3), 95669(c)(3)(B), Appendix D(b)(2), and Appendix D(h)(6). ● Title 40 Code of Federal Regulations,

Part 60 — Standards of Performance for New Stationary Sources,

section 60.18. Last amended December 22, 2008. Appendix E(b)(1)(

C) and Appendix F(a)(1). ● Title 40 Code of Federal Regulations,

Part 63 — National Emission Standards for Hazardous Air Pollutants for Source,

section 63.1207. Last amended October 28, 2008. Appendix E sections (b)(2)(B)(3) and (b)(2)(B)(4) and Appendix F sections (a)(4) and (a)(5). ● Title 40 Code of Federal Regulations,

Part 60 — Standards of Performance for New Stationary

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 604 Sources, Subpart Kb. Last amended January 19, 2021. Appendix D(b)(2). ● Title 40 Code of Federal Regulations,

Part 63 — National Emission Standards for Hazardous Air Pollutants for Source, Subpart EEE. Last amend- ed October 28, 2008. Appendix E sections (b)(2)(B)(3) and (b)(2)(B)(3) and Appendix F sections (a)(4) and (a)(5). ● Title 40 Code of Federal Regulations,

Part 264 — Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Subpart X. Last amended February 7, 2020. Appendix E(b)(2)(B)(1). ● Title 40 Code of Federal Regulations,

Part 266 — Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities, Subpart H. Last amended March 18, 2010. Appendix E sections (b)(2)(B)(5) and (b)(2)(B)(6) and Appendix F

section (a)(4). ● Title 40 Code of Federal Regulations,

Part 270 — EPA Administered Permit Programs: the Hazardous Waste Permit Program. December 9, 2019. Appendix E sections (b)(2)(B)(1) and (b)(2)(B)(5) and Appendix F

section (a)(4). ● San Joaquin Valley Air Pollution Control District (SJVAPCD). Rule 4623 — Storage of Organic Liquids. Amended May 19,

Section 95668(a)(2)(C)(1). ● South Coast Air Quality Management District (SCAQMD). Rule 463 — Organic Liquid Storage. Amended November 4,

Section 95668(a)(2)(C)(2). ● South Coast Air Quality Management District (SCAQMD). Rule 1178 — Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities. Amended April 7,

Section 95668(a)(2)(C)(3). ● Ventura County Air Pollution Control District (VCAPCD). Rule 71.1 — Crude Oil Production and Separation. Amended June 16,

Section 95668(a)(2)(C)(4). ● San Joaquin Valley Air Pollution Control District (SJVAPCD). Rule 4401 — Steam–Enhanced Crude Oil Production Wells. Amended June 16,

Section 95669(c)(1)(B)(1). ● San Joaquin Valley Air Pollution Control District (SJVAPCD). Rule 4409 — Components at Light Crude Oil Production Facilities, Natural Gas Production Facilities, and Natural Gas Processing Facilities. Adopted April 20,

Section 95669(c)(1)(B)(2). ● South Coast Air Quality Management District (SCAQMD). Rule 1148.1 — Oil and Gas Production Wells. Amended March 5,

Section 95669(c)(1)(B)(3). ● South Coast Air Quality Management District (SCAQMD). Rule 1173 — Control of Volatile Organic Compound Leaks and Releases from Components at Petroleum Facilities and Chemical Plants. Amended February 6, 200.

Section (c)(1)(B)(4). ● South Coast Air Quality Management District (SCAQMD). Rule 1176 — VOC Emissions from Wastewater Systems. Amended September 13, 1996.

Section (c)(1)(B)(5). ● Ventura County Air Pollution Control District (VCAPCD). Rule 74.10 — Components at Crude Oil and Natural Gas Production and Processing Facilities. Amended March 10, 1998.

Section (c)(1)(B)(6). ● Yolo–Solano Air Quality Management District (YSAQMD). Rule 2.23 — Fugitive Hydrocarbon Emissions. Amended March 23, 1994.

Section (c)(1)(B)(7). BACKGROUND AND EFFECT OF THE PROPOSED REGULATORY ACTION Background on Oil and Gas Methane Regulation California is the 7 th largest oil producer and 15 th largest natural gas producer in the U.S.1,2 According to CARB’s Greenhouse Gas Inventory, the oil and natu - ral gas sector was responsible for approximately 14% of California’s methane emissions in 2020. 3 Reducing methane emissions is important as methane is a potent climate pollutant, especially in the near–term. In ad - dition, pollutants with potential air quality or health implications are often co–emitted with methane.

The Oil and Gas Methane Regulation is designed to reduce methane emissions from the oil and natural gas sector primarily through equipment replacement, emission control systems, maintenance, and leak de - tection and repair (LDAR). The Regulation responds to California’s emission reduction goals for green - house gases, as codified in Assembly Bill (AB) 32 4 and Senate Bill (SB) 32.5 The Regulation covers new and existing oil and gas facilities, including oil and gas production, processing, 1 Energy Information Administration (EIA) (2022).

Crude Oil Production. https://www.eia.gov/dnav/pet/pet_crd_crpdn_adc_ mbbl_a.htm. Accessed 8 Aug 2022. 2 EIA (2022). National Gross Gas Withdrawals and Production. https://www.eia.gov/dnav/ng/ng_prod_sum_a_EPG0_FGW_ mmcf_a.htm . Accessed 8 Aug 2022. 3 CARB (2022). 2000–2020 GHG Inventory (2022 Edition). Cal- ifornia Methane Inventory for 2000–2020 — by Sector and Ac - tivity. Last updated 26 October 2022. 4 AB 32, Nuñez,

Chapter 488, Statutes of 2006. 5 SB 32, Pavley,

Chapter 249, Statutes of 2016.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 605 and storage facilities; natural gas gathering and boost- ing stations; natural gas underground storage facili - ties; and natural gas transmission compressor stations.

The Regulation includes requirements for LDAR, va- por control on uncontrolled tanks above an emission threshold, replacement of compressors’ high–emitting rod packing or wet seals, no–bleed pneumatic devic - es and pumps, additional monitoring at natural gas underground storage facilities, measuring of liquids unloading and well casing vent emissions, and record- keeping and reporting. Proposed Amendments to Oil and Gas Methane Regulation and Their Effects One type of co–pollutant that may be emitted along with methane is volatile organic compounds (VOC), which contribute to the formation of ozone.

Because of this, CARB included the Oil and Gas Methane Regulation in its State Implementation Plan (SIP) sub- mittal in 2018 to address emissions in ozone non–at - tainment areas. In September 2022, the United States Environmental Protection Agency (U.S. EPA) issued a limited approval, limited disapproval of the Oil and Gas Methane Regulation as submitted into the SIP. 6 Specifically, U.S. EPA identified a number of incon - sistencies between the CARB Oil and Gas Methane Regulation and U.S.

EPA ’s 2016 Control Techniques Guidelines (CTG) 7, which define the level of control required for oil and natural gas sector sources in ozone non–attainment areas. CARB needs to amend the reg- ulation to address areas where CARB’s regulation may be less stringent than the CTG for ozone non–at - tainment areas to achieve approval of the SIP. In addition to changes to address the SIP deficien - cies, the proposed amendments include changes re - lated to knowledge gained through implementation of the Regulation and the increasing availability of remote leak detection technology.

These proposed amendments will add new requirements that will affect the same set of industries and businesses that were already subject to the Regulation. According to reporting data from the Regulation, the proposed amendments will directly impact 302 businesses, in - cluding 294 businesses in the oil and natural gas ex - traction segment and 8 businesses in the natural gas transmission and storage segment. All of these are California businesses. None of the primary industries are small businesses. The total cost of the proposed amendments over a five–year analysis period is estimated at $6.6 million, 6 U.S.

EPA (2022). Limited Approval, Limited Disapproval of California Air Plan Revisions; California Air Resources Board. FR Doc 2022–20870. Filed 9–29–22; 8:45 am. https://www.govinfo. gov/content/pkg/FR–2022–09–30/pdf/2022–20870.pdf . 7 U.S. EPA (2016). Control Techniques Guidelines for the Oil and Natural Gas Industry. https://www.epa.gov/sites/production/ files/2016–10/documents/2016–ctg–oil–and–gas.pdf . which includes $2.2 million in the first year and $1.1 million annually thereafter. The proposed amend- ments are estimated to cost a typical business $7,449 in the first year and $3,631 in subsequent years.

For businesses with larger operations, the costs may be higher than the averages presented. The costs of the proposed amendments are estimat - ed to be approximately 0.03% and 0.01% of the output of the affected industries in the first and subsequent years, respectively. Therefore, there is not expected to be quantifiable changes to the number of jobs or busi- nesses in the primary industries as a result of the pro - posed amendments. There may be some increase in demand for companies that contract with the primary industries to provide services related to LDAR, vapor collection system testing, and other tasks.

CARB may also consider other changes to the sec - tions affected, as listed on page 2 of this notice, or oth- er sections within the scope of this notice, during the course of this rulemaking process. OBJECTIVES AND BENEFITS OF THE PROPOSED REGULATORY ACTION The proposed amendments are designed primarily to comply with U.S. EPA ’s requirements for Califor - nia’s SIP. U.S.

EPA outlined each deficiency in the Oil and Gas Methane Regulation in their decision and provided further detail in an accompanying technical support document that was posted with their earlier proposed decision. 8,9 Most of these changes are minor or administrative in nature. Some of the more substan- tial provisions in response to the U.S.

EPA decision in- clude requiring operators to identify components and equipment subject to LDAR (accomplished through required development of LDAR plans), testing and other provisions to demonstrate that vapor collection and control systems are achieving sufficient control efficiency, and reducing the amount of CARB Exec - utive Officer discretion. These changes are necessary to achieve approval of the SIP and avoid sanctions that would otherwise occur. Some proposed amendments are based on experi - ence implementing the Regulation or for cleanup rea - sons.

These proposed amendments are mostly admin - istrative in nature, such as changing reporting meth - ods, fixing typos, improving

definitions, removing re- 8 U.S. EPA (2022). Limited Approval, Limited Disapproval of California Air Plan Revisions; California Air Resources Board. FR Doc 2022–20870. Filed 9–29–22; 8:45 am. https://www.govinfo. gov/content/pkg/FR–2022–09–30/pdf/2022–20870.pdf . 9 U.S. EPA (2022). Technical Support Document for EPA’s Rulemaking for the California State Implementation Plan: Cali - fornia Air Resources Board (CARB) Regulation for Greenhouse Gas Emissions Standards for Crude Oil and Natural Gas Facil- ities. April 2022. https://www.regulations.gov/document/EPA– R09–OAR–2022–0416–0002 .

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 606 quirements for time periods in the past, and clarifying provisions that have caused confusion. The changes will make it easier for regulated parties to understand and adhere to the Regulation. The proposed amendments are also intended to uti - lize the State’s investments in improved methane mon- itoring technologies, including the recently budgeted $100M for remote methane monitoring satellites.

A new provision based on this remote monitoring data is expected to reduce emissions from large sources from the time period between when the detection occurs and the next regularly scheduled quarterly LDAR sur- vey. For components not covered by periodic LDAR, the remote monitoring provision may also result in the repair of leaks that could have continued much longer. The changes in the proposed amendments will im - prove the clarity and effectiveness of the Oil and Gas Methane Regulation, will provide CARB with addi - tional data, and will reduce time delays in addressing methane leaks.

COMPARABLE FEDERAL REGULATIONS Oil and natural gas operations are subject to the federal Clean Air Act (CAA), including its permitting requirements. Operations are also subject to U.S. EPA performance standards for oil and natural gas opera - tions. These regulations, 40 C.F.R.

Part 60, Subpart OOOO, limit emissions of VOC from new equipment installed at crude oil and natural gas operations. Cor - responding air toxics standards for certain pieces of oil and natural gas equipment are also codified in 40 C.F.R

Part 63. In May 2016, U.S. EPA also finalized methane emis- sion standards under

section 111 of the CAA for new equipment in oil and natural gas fields. These regula - tions are codified at 40 C.F.R

Part 60, Subpart OOOOa. U.S. EPA has issued CTG for control of VOC from existing sources, which is the reason for many of the proposed amendments discussed herein. In December 2022, U.S. EPA published its supplemental proposed Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources to further reduce methane and VOC emissions from the oil and natural gas sector. Finally, in November 2022, the U.S.

Bureau of Land Manage- ment (BLM) issued a proposed Waste Prevention Rule to regulate new and existing sources on federal BLM and Tribal leases to prevent waste of natural gas. However, all of these federal rules do not fully ad - dress the universe of sources emitting pollution in this sector in California. The proposed amendments reg - ulate methane emissions from both new and existing facilities and equipment across all land types in Cal - ifornia unlike the current U.S.

EPA rules, which only apply to methane from new, or newly modified, facil - ities, and the proposed BLM rule, which only applies to sources on federal BLM leases and Tribal leases. In sum, the California requirements in the proposed amendments are necessary to achieve additional bene- fits for human health, public welfare, and the environ- ment as envisioned by authorizing legislation.

AN EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS (Government Code, § 11346.5, subdivision (a)(3)(D)) Many air districts with significant oil and natural gas production have rules designed to reduce criteria pollutant and criteria pollutant precursor emissions from the oil and natural gas sector in order to meet federal ambient air quality requirements. Air district rules do not cover methane–specific sources, and the proposed amendments address emissions from equip - ment and processes not already controlled by those existing air district rules.

During the process of developing the proposed regulatory action, CARB conducted a search of any similar regulations on this topic and concluded these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURE REGARDING THE PROPOSED REGULATION Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Government Code, § 11346.5, subdivisions (a)(5)&(6)): The determinations of the Board’s Executive Offi - cer concerning the costs or savings incurred by public agencies and private persons and businesses in reason- able compliance with the proposed regulatory action are presented below.

Under Government Code sections 11346.5, sub - division (a)(5) and 11346.5, subdivision (a)(6), the Executive Officer has determined that the proposed regulatory action would not create costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create costs or mandate to any local agency or school district, wheth- er or not reimbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies. Housing Costs (Government Code, § 11346.5, subdivision (a)(12)): The Executive Officer has also made the initial de - termination that the proposed regulatory action will not have a significant effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 607 Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Government Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a)(7), 11346.5, subdivision (a)(8)): The Executive Officer has made an initial determi - nation that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons.

Results of The Economic Impact Analysis/ Assessment (Government Code, § 11346.5, subdivision (a)(10)): A detailed assessment of the economic impacts of the proposed regulatory action can be found in Chap - ter VIII of the Initial Statement of Reasons (ISOR). Non–Major Regulation: Statement of the Results of the Economic Impact Assessment (EIA): (

A) The creation or elimination of jobs within the State of California. The proposed amendments are not anticipat - ed to directly result in job creation or elimina - tion; however, it may indirectly have an impact on job creation. It is possible that a small number of jobs may be created related to the performance of follow–up LDAR for remotely detected emis - sion sources, development of LDAR plans, com - pliance demonstration of vapor recovery and con- trol equipment, and administrative tasks. (

B) The creation of new business or the elimination of existing businesses within the State of California. The creation or elimination of businesses is not anticipated because the costs of the proposed amendments to the regulated industries are small relative to their overall output. Secondary indus - tries may be impacted due to increased demand for scientific, technical, and consulting services. Impacts to the secondary industries are expected to be small and are not expected to result in busi- ness creation. (

C) The expansion of businesses currently doing business within the State of California. As explained in the

section above, the expansion of businesses is not anticipated. (

D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. Greenhouse gas and co–pollutant emission re - ductions are expected from the measure that re - quires owners or operators to investigate remote emission plume detections and repair discov - ered leaks, though these reductions are unquan - tified. Most of the other changes in the proposed amendments will help to ensure that the Oil and Gas Methane Regulation is being followed, to provide CARB with additional data, and to im - prove clarity.

At minimum, this includes great - er assurance that systems and processes are op - erating in compliance through increased testing, monitoring, design analysis, recordkeeping, and reporting. These emission reductions and great - er assurance that regulated parties are adhering to the requirements of the Regulation are expect - ed to result in benefits to the health and welfare of California residents and the State’s environment through decreases in air pollution and climate change forcing emissions. The proposed amend - ments are not expected to impact worker safety.

Benefits of the Proposed Regulation: The objectives of the proposed regulatory action are to 1) comply with requirements for California’s SIP as identified by U.S. EPA, 2) improve the clarity and effectiveness of the Oil and Gas Methane Regulation based on implementation experience, and 3) leverage the increasing availability of remote emission detec - tion technologies. These objectives will ensure com - pliance with the Regulation (thereby ensuring the originally envisioned emission reductions), provide CARB with additional data, and achieve new emis - sion reductions. A

summary of these benefits is provided. Please re- fer to “Objectives and Benefits”, under the Informative Digest of Proposed Action and Policy Statement Over- view Pursuant to Government Code

section 11346.5, subdivision (a)(3) discussion on pages 6 to 7. Business Report (Government Code, §§ 11346.5, subdivision (a)(11); 11346.3, subdivision (d)): In accordance with Government Code sections 11346.5, subdivisions (a)(11) and 11346.3, subdivision (d), the Executive Officer finds the reporting require - ments of the proposed regulatory action which apply to businesses are necessary for the health, safety, and welfare of the people of the State of California.

Cost Impacts on Representative Private Persons or Businesses (Government Code, § 11346.5, subdivision (a)(9)): In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on repre - sentative private persons or businesses. CARB is not aware of any cost impacts that a representative private person or business would necessarily incur in reason - able compliance with the proposed action. Effect on Small Business (Cal. Code Regs., title 1, § 4, subdivisions (

a) and (b)): The Executive Officer has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action would not affect small businesses because none of the affected industries are

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 608 small businesses according to California Government Code 11342.610(b). Thus, there are no costs to small businesses.

Consideration of Alternatives (Government Code, § 11346.5, subdivision (a)(13)): Before taking final action on the proposed regula - tory action, the Board must determine that no reason - able alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

State Implementation Plan Revision If adopted by CARB, CARB plans to submit the proposed regulatory action to the U.S. EPA for ap - proval as a revision to the California SIP required by the federal CAA. The adopted regulatory action would be submitted as a SIP revision because it amends reg - ulations intended to reduce emissions of air pollutants in order to attain and maintain the National Ambient Air Quality Standards promulgated by U.S. EPA pur - suant to the CAA.

Environmental Analysis CARB’s regulatory program, which involves the adoption, approval, amendment, or repeal of stan - dards, rules, regulations, or plans for the protection and enhancement of the state’s ambient air quality, has been certified by the California Secretary for Natu - ral Resources under Public Resources Code

section 21080.5 of the California Environmental Quality Act (CEQA) (14 CCR 15251(d)). Public agencies with cer- tified regulatory programs are exempt from certain CEQA requirements, including but not limited to, pre- paring environmental impact reports, negative decla - rations, and initial studies. Instead, CARB, as a lead agency, prepares a substitute environmental document (referred to as an “Environmental Analysis” or “EA”) as part of the Staff Report to comply with CEQA (17 CCR 60000–60008).

CARB finalized an environmental analysis (EA) for the current Regulation in 2017 under its certified reg - ulatory program (California Code of Regulations, title 17, sections 60000 through 60008) to comply with the requirements of CEQA (Public Resources Code sec - tion 21080.5).

The EA, included in Appendix C of the ISOR, entitled Final Environmental Analysis for the Regulation for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (2017 EA), dated March 10, 2017, determined the Regulation could result in: beneficial impacts to greenhouse gas emissions (long–term operational–related); less–than– significant impacts to aesthetics, agricultural and for - est resources, air quality, biological resources (long– term operational–related), cultural resources (long– term operational–related), energy demand, geology and soils (long–term operational–related), greenhouse gas emissions (short–term construction–related), haz - ards and hazardous materials, hydrology and water quality (long–term operational–related), land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems; and po - tentially significant and unavoidable adverse impacts during short–term construction–related activities to biological resources, cultural resources, geology and soils, and hydrology and water quality.

Staff has determined that no additional environmen- tal review is required for the current proposed amend- ments because there are no changes that involve new significant environmental effects or a substantial in - crease in severity of previously identified significant effects than previously identified in the prior 2017 EA. The basis for reaching this conclusion is provided in

Chapter VI of the ISOR. SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code sec - tion 7296.2, special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at the hearing; ● Documents made available in an alternate format or another language; and ● A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact the Clerks’ Office at cotb@ arb.ca.gov or (916) 322–5594 as soon as possible, but no later than ten business days before the scheduled Board hearing.

TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes: ● Un intérprete que esté disponible en la audiencia; ● Documentos disponibles en un formato alterno u otro idioma; y ● Una acomodación razonable relacionados con una incapacidad.

Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb.ca.gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo an- tes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pue -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 609 den marcar el 711 para el Servicio de Retransmisión de Mensajes de California. AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency repre- sentative Quinn Langfitt, Air Resource Engineer, Pro- gram Assessment Section, at (279) 208–7487 or (des - ignated back–up contact) Jim Nyarady, Air Resources Supervisor I, Oil and Gas Section, at (279) 208–7596. AVAILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the proposed regula- tory action, which includes a

summary of the econom- ic and environmental impacts of the proposal. The report is entitled: Public Hearing to Consider the Pro - posed Amendments to the Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities. Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to allow for comparison with the existing regulation, may be accessed on CARB’s website listed below, on April 25, 2023. Please contact Bradley Bechtold, Regulations Coordinator, at Bradley.Bechtold@arb. ca.gov or (279) 208–7266 if you need physical copies of the documents.

Because of current travel, facility, and staffing restrictions, the California Air Resourc - es Board’s offices have limited public access. Pursu - ant to Government Code

section 11346.5, subdivision (b), upon request to the aforementioned Regulations Coordinator, physical copies would be obtained from the Public Information Office, California Air Resourc- es Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814. Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed adminis - trative action may be directed is Bradley Bechtold, Regulations Coordinator, (279) 208–7266.

The Board staff has compiled a record for this rulemaking action, which includes all the information upon which the pro- posal is based. This material is available for inspection upon request to the contact persons. HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340). Following the public hearing, the Board may take action to approve for adoption the regulatory language as originally proposed, or with non–substantial or grammatical modifications. The Board may also ap - prove for adoption the proposed regulatory language with other modifications if the text as modified is suf- ficiently related to the originally proposed text that the public was adequately placed on notice and that the regulatory language as modified could result from the proposed regulatory action.

If this occurs, the full reg- ulatory text, with the modifications clearly indicated, will be made available to the public, for written com - ment, at least 15–days before final adoption. The public may request a copy of the modified reg - ulatory text from CARB’s Public Information Office, Air Resources Board, 1001 I Street, Visitors and En - vironmental Services Center, First Floor, Sacramento, CA, 95814.

FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulato - ry documents, including the FSOR, when completed, are available on CARB’s website for this rulemak - ing at https://ww2.arb.ca.gov/rulemaking/2023/ oil–and–gas–2023.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES MONITORING AND RESEARCH AT CALIFORNIA LEAST TERN NESTING COLONIES The Department of Fish and Wildlife (“Depart - ment”) received a proposal from Monica Jacinto of Rincon Consulting, Inc., requesting authorization to take California Least Terns ( Sternula antillarum browni; tern), for research purposes, consistent with protection and recovery of the species.

The tern is a Fully Protected bird, and is listed as Endangered un - der the California Endangered Species Act and En - dangered under the federal Endangered Species Act. Monica Jacinto is planning to conduct research on the tern in southern California (primarily at the Port

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 610 ities are intended to increase the prey base for SFGS by promoting breeding of species such as California red–legged frog (CRLF) ( Rana draytonii ). RAP ac - tivities include non–native vegetation management, increased site security and access maintenance, pro - tocoled sampling to monitor populations of SFGS and their prey, several strategies to maintain open water habitat, and management of local feral cat populations that typically prey on SFGS.

The proposed project will occur throughout 180–acre WOB property located in San Mateo County, California east of the cities of San Bruno and Millbrae and west of U.S. Highway 101. CDFW intends to issue, under specified conditions, a Restoration Management Permit (RMP) to authorize applicant to carry out the proposed project. Pursuant to California Fish and Game Code

section 5050, CDFW may authorize take of fully protected San Francisco garter snake after 30 days’ notice has been provided to affected and interested parties through publication of this notice. If CDFW determines that the proposed project is consistent with the require - ments of

Section 5050 for take of fully protected San Francisco garter snake, it may issue the authorization in the form of an RMP on or after May 21, 2023 for an initial and extendable term of 6 years. DEPARTMENT OF PESTICIDE REGULATION PESTICIDE DECONTAMINATION SITES DPR REGULATION NUMBER 23–001 NOTICE OF EXTENSION OF WRITTEN COMMENT PERIOD The Department of Pesticide Regulation (DPR) pub- lished a Notice of Proposed Regulatory Action con - cerning pesticide decontamination sites in the Cali- fornia Regulatory Notice Register on March 17, 2023, Register 2023, Number 11–Z, p. 257–261.

DPR is hereby giving notice that it is extending the written comment period on this matter from 5:00 p.m. on May 2, 2023, to 5:00 p.m. on May 17, 2023. Any interested person may present comments in writing about the proposed action to the agency con - tact person named below. Written comments must be received no later than 5:00 p.m. on May 17, 2023. Comments regarding this proposed action may also be transmitted via email < dpr23001@cdpr.ca.gov> or by facsimile at (916) 324–1491. of Los Angeles, Los Angeles County), in accordance with methods approved by the Department and the U.S. Fish and Wildlife Service.

The following re - search activities are proposed: survey for, and locate and monitor nests using binoculars, spotting scopes, and walking transects; mark nests with low profile nest markers; and salvage carcasses of terns. The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) to authorize qualified professional wildlife research - ers, with Monica Jacinto as the Principal Investigator, to carry out the proposed activities.

The applicant is also required to have a valid federal recovery permit for the tern, and a scientific collecting permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected Birds after a 30 day notice period has been provided to affected and interested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it would issue the authorization on or after May 29, 2028, for an initial and renewable term of up five years. Contact: Hans Sin, Hans.Sin@ wildlife.ca.gov, Phone (858) 539–9022.

DEPARTMENT OF FISH AND WILDLIFE PROPOSED PROJECT ON A FULLY PROTECTED SPECIES WEST OF BAYSHORE: SAN FRANCISCO GARTER SNAKE RECOVERY ACTION PLAN 2081(A)–2023–0003–R3 COUNTY OF SAN MATEO The Department of Fish and Wildlife (CDFW) re - ceived a project proposal on April 5, 2023 from San Francisco International Airport (SFO) requesting au - thorization to take fully protected San Francisco gar - ter snake (SFGS) ( Thamnophis sirtalis tetrataenia ), in an effort to recover fully protected, threatened, or endangered species.

San Francisco International Airport proposes to im- plement the 2019–2029 San Francisco Garter Snake Recovery Action Plan (RAP) on the West of Bayshore (WOB) property to address enhancement and man - agement actions for SFGS and their prey species, as well as operation and maintenance of WOB. SFGS recovery actions defined in the RAP were previous - ly completed from 2008–2018. Continued RAP– defined habitat enhancement and management activ -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 611 AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulations; and inquiries regarding the rulemaking file may be direct - ed to: Lauren Otani, Senior Environmental Scientist (Specialist) Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, CA 95812–4015 (916) 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Emily Bryson, MPH, Senior Environmental Scientist (Supervisory) Worker Health and Safety Branch (916) 324–6344 The Notice of Proposed Action, the Initial State - ment of Reasons, and the proposed text of the regula - tions are also available on DPR’s Internet Home Page <http://www.cdpr.ca.gov>.

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. California Gambling Control Commission File # 2023–0306–03 Commission Fees Modernization III In this Certificate of Compliance action, the California Gambling Control Commission (CGCC) finalizes regulations which were initially promulgat - ed via emergency action.

These regulations set fees for cardroom businesses in California and regulate the process of paying those fees.

Title 04 Adopt: 12318, 12368.2 Amend: 12112, 12360, 12368, 12470, 12472 Filed 04/14/2023 Effective 04/14/2023 Agency Contact: Josh Rosenstein (916) 274–5823 Board of Equalization File # 2023–0308–01 Exclusion from Change in Ownership — Intergenerational Transfers This certificate of compliance action makes perma - nent the changes in emergency action number 2022– 0707–01E (readopted in 2023–0112–01EE), which modified the property tax reassessment exclusions for certain transfers between parents and their children or grandparents and their grandchildren.

Title 18 Amend: 462.520 Filed 04/18/2023 Effective 04/18/2023 Agency Contact: Honey Her (916) 274–3523 Board of Equalization File # 2023–0308–02 Change in Ownership — Base Year Value Transfers This certificate of compliance action makes per - manent the changes in emergency action number 2022–0707–02E (readopted in 2023–0112–02EE).

That action amended regulations for base year value transfers in response to Senate Bill 539 (Stats. 2021, ch. 427) which codified the provisions of Proposition 19 (2020) that authorized any person who is over 55 years of age, any severely and permanently disabled person, or a victim of wildfire or natural disaster who resides in property that is eligible for the homeown - er’s exemption or the disabled veteran’s exemption to transfer the taxable value of that property to a replace- ment dwelling that is purchased or newly constructed as a principal residence.

Title 18 Amend: 462.540 Filed 04/18/2023 Effective 04/18/2023 Agency Contact: Honey Her (916) 274–3523 Department of Corrections and Rehabilitation File # 2023–0329–03 Discharge Consideration Hearing for Youth Committed for an Offense Under PC 290.008(

c) This emergency action requires the Division of Juvenile Justice to set discharge hearings for certain impacted youth before the Board of Juvenile Hearings in June 2023, prior to the closure, mandated by Welfare

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 612 Title 02 Amend: 35101 Filed 04/12/2023 Effective 05/12/2023 Agency Contact: Heather Cline Hoganson (916) 326–3657 Department of Motor Vehicles File # 2023–0315–01 Fee Adjustment

(2024) This action by the Department of Motor Vehicles (“DMV”) makes changes without regulatory effect to adjust Various Vehicle Code (“VC”), Revenue & Taxation Code (“R&TC”), and Code of Civil Procedure (“CCP”) authorized fees relating to motor vehicles pursuant to VC sections 1678(b),1685(e), and 9250.6(b), and R&TC

section 11052(b). Title 13 Amend: 423.00 Filed 04/19/2023 Agency Contact: Randi Calkins (916) 282–7294 Department of Resources Recycling and Recovery File # 2023–0306–02 SB 1215

Section 100 Changes This action without regulatory effect by the Department of Resources Recycling and Recovery (CalRecycle), in part, amends regulations promulgat - ed pursuant to the Electronic Waste Recycling Act of 2003,

Chapter 8.5 (commencing with

Section 42460) of

Part 3 of Division 30 of the Public Resources Code, by making regulatory provisions therein consistent with changed statutes amended by Senate Bill 1215 (Stats. 2022, ch. 370), filed September 16, 2022. This action without regulatory effect also revises cross–ref- erences and corrects other typographical errors.

Title 14 Amend: 18660.5, 18660.6, 18660.9, 18660.24, 18660.25, 18660.34, 18660.41 Filed 04/17/2023 Agency Contact: Kris Chisholm (916) 322–2404 Board of Psychology File # 2023–0303–01 Psychological Associate Regulations This rulemaking action by the Board of Psychology amends regulations pertaining to the registration, su - pervision, and practice of registered psychological associates. and Institutions Code

section 736.5(e), of the Division of Juvenile Justice on June 30, 2023. The Department of Corrections and Rehabilitation submitted this ac - tion to OAL as an emergency of operational necessity pursuant to Penal Code

section 5058.3. Title 09 Adopt: 30817 Filed 04/18/2023 Effective 05/01/2023 Agency Contact: Dmitriy Kostyuk (916) 445–2276 California State Auditor’s Office File # 2023–0327–01 Conflict–of–Interest Code This is a Conflict–of–Interest code amendment that has been approved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and printing only.

Title 02 Amend: 54300 Filed 04/19/2023 Effective 04/19/2023 Agency Contact: Brianna Behnoud (916) 445–0255 California State University File # 2023–0307–01 The Doctor of Public Heath Degree This action by the Board of Trustees of the California State University, submitted to OAL for courtesy fil - ing with the Secretary of State and for printing in the California Code of Regulations, amends Doctor of Public Health degree requirements.

This action is exempt from the Administrative Procedure Act and takes effect upon filing with the Secretary of State pur- suant to Education Code sections 89030 and 89030.1, respectively. Title 05 Adopt: 40519.2, 40519.3, 41025 Filed 04/19/2023 Effective 04/19/2023 Agency Contact: Jason Taylor (562) 951–4500 Department of Health Care Access and Information File # 2023–0315–08 Conflict–of–Interest Code This is a Conflict–of–Interest code amendment that has been approved by the Fair Political Practices Commission and is being submitted for filing with the Secretary of State and printing only.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 17-Z 613 Title 16 Amend: 1391.1, 1391.2, 1391.5, 1391.6, 1391.8, 1391.11, 1391.12, 1392.1 Repeal: 1391.10 Filed 04/17/2023 Effective 07/01/2023 Agency Contact: Troy Polk troy.polk@dca.ca.gov Public Employment Relations Board File # 2023–0306–01 Judicial Council Employer Employee Relations Act This rulemaking action by the Public Employment Relations Board amends existing procedural require - ments to cover disputes between parties subject to the Judicial Council Employer–Employee Relations Act (JCEERA).

This rulemaking action also adopts sever- al new JCEERA–specific representation procedures, including the filing of severance petitions and repre - sentation elections.

Title 08 Adopt: 32007, 32008, 95000, 95010, 95020, 95030, 95040, 95050, 95060, 95070, 95080, 95090, 95100, 95110, 95120, 95130, 95140, 95150, 95160, 95200, 95210, 95220, 95230 Amend: 31001, 32020, 32030, 32040, 32050, 32055, 32060, 32075, 32080, 32085, 32090, 32091, 32092, 32093, 32094, 32100, 32105, 32110, 32111, 32115, 32120, 32125, 32130, 32132, 32135, 32136, 32140, 32143, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32165, 32166, 32168, 32169, 32170, 32175, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32312, 32315, 32320, 32325, 32350, 32360, 32370, 32375, 32380, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32500, 32602, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32700, 32720, 32721, 32722, 32724, 32726, 32728, 32730, 32732, 32734, 32735, 32736, 32738, 32739, 32740, 32742, 32744, 32746, 32748, 32750, 32752, 32754, 32761, 32762, 32763, 32770, 32772, 32774, 32776, 32781, 32783, 32784, 32786, 32791, 32792, 32793, 32795, 32980 Filed 04/18/2023 Effective 07/01/2023 Agency Contact: Ronald Pearson (916) 591–3166 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit oal.ca.gov.