Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 12-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 24, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest Code — Notice File Number Z2023–0314–07 .......................................... 305 Amendment Multi–County: Feather River Air Quality Management District Santa Rosa Regional Resources Authority State Agency: California Conservation Corps TITLE 5.

STUDENT AID COMMISSION Learning–Aligned Employment Program (LAEP) — Notice File Number Z2023–0310–01 ...................... 306 TITLE 8. AGRICULTURAL LABOR RELATIONS BOARD Cannabis: Labor Peace Agreements — Notice File Number Z2023–0313–01 ................................ 308 TITLE 10. CALSA VERS RETIREMENT SA VINGS BOARD CalSavers SB 1126 Amendments — Notice File Number Z2023–0313–02 .................................... 313 TITLE 10. DEPARTMENT OF INSURANCE Workers’ Compensation Insurance Rating Rules — Notice File Number Z2023–0314–02 ....................... 317 TITLE 14.

DEPARTMENT OF CONSERV ATION Selection of Professional Service Firms — Notice File Number Z2023–0314–06 .............................. 327 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Temporary Cameras in Inmate Hospital Rooms — Notice File Number Z2023–0314–04 ........................ 330 TITLE 17. AIR RESOURCES BOARD Vapor Recovery Certification Amendments — Notice File Number Z2023–0307–12 ............................ 332 TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Generator Improvements Rule — Notice File Number Z2023–0314–03 ..................................... 338 (Continued on next page)

TITLE 25. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Fee Realignment — Notice File Number Z2023–0313–03 ................................................ 342 TITLE 27.

ENVIRONMENTAL PROTECTION AGENCY Unified Program — Notice File Number Z2023–0314–08 ................................................ 346 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Little Fallon Creek Restoration Project, Marin County (Tracking Number 1653–2023–108–001–R3) .......................................................... 351 DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Feather River Salmonid Habitat Improvement Project 2080R–2023–003–02, Butte County ........................................................... 352 PETITION DECISION BOARD OF PAROLE HEARINGS Regarding Petition from S.

Walker Concerning Notice of Hearing Rights .................................... 352

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 355 2023 RULEMAKING CALENDAR — INCORPORATED BY REFERENCE Special Note .............................................................................. 356 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 12-Z 305 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 M U LT I – COU N T Y: Feather River Air Quality Management District Santa Rosa Regional Resources Authority STAT E AGENCY: California Conservation Corps A written comment period has been established commencing on March 24, 2023 and closing on May 8, 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 May 8, 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 12-Z 306 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- 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 5. STUDENT AID COMMISSION

ARTICLE 12.8. LEARNING–ALIGNED EMPLOYMENT PROGRAM (LAEP) SECTIONS 30600 THROUGH 30604 NOTICE IS HEREBY GIVEN that the California Student Aid Commission (Commission) proposes to adopt the proposed regulations described below after considering all comments, objections, or recommen - dations regarding the proposed action. PUBLIC HEARING A public hearing regarding this proposal is current - ly not scheduled. However, any interested person or duly authorized representative may request, no later than 15 days before the close of the written comment period that a public hearing be scheduled.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Notice is also given that any interested person, or their authorized representative, may submit written comments relevant to the proposed regulatory action to: California Student Aid Commission Attention: Synequeen Alasa–as, Legal Services P.O. Box 419026 Rancho Cordova, CA 95741 Comments may also be submitted by facsimile (FAX) at (916) 464–6411 or by email to Rulemaking@ csac.ca.gov. The public comment period for this regu- latory action will begin on Friday, March 24, 2023. Comments must be submitted by Monday, May 8, 2023, to be considered.

AUTHORITY AND REFERENCE Education Code

Section 69967(

a) directs the Commission, in consultation with the President and Chancellor Offices of the University of California, California State Universities, and California Community Colleges, to do all the following: 1. Develop and post on its internet website any nec- essary programmatic policies and guidelines to assist participating employers and public post - secondary educational institutions to operate the program. 2. Develop processes to facilitate public post- secondary educational institutional compliance with the priorities stated in

Section 69959. 3. Develop processes to facilitate the monitoring of institutional expenditures to ensure proper allo - cation and use of program funds. Education Code

Section 69952(

b) further provides that: Before participating in the program, each institution shall sign an institutional agreement acknowledging its willingness to administer the program pursuant to this

article and guidance developed by the commis - sion, in consultation with the office of the President of the University of California, the office of the Chancel- lor of the California State University, and the office of the Chancellor of the California Community Colleges. The proposed regulations discussed in this docu - ment were developed by staff to satisfy these amended provisions of the Education Code and to implement the LAEP and its administration by the Commission.

In addition, the Commission has determined that adopting regulations under the California Adminis - trative Procedures Act is necessary to interpret, im - plement, and make specific the above Education Code provisions and to establish the LAEP. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW As described above, Education Code

Section 69967(

a) directs the Commission to develop program- matic policies and guidelines to establish and imple - ment the LAEP on behalf of California public institu - tions of higher education and students at those institu- tions. The regulations are necessary for the Commis - sion to promulgate such programmatic policies and guidelines within the California Code of Regulations, so eligible Institutions and Employers consistently implement the LAEP in accordance with the revised statutory requirements.

These proposed regulations were developed after a year–long effort that included consultation by Com - mission staff with representatives of the University of California, California State University, and California Community College systems. Those efforts included workgroup meetings that occurred weekly for sever - al months, and biweekly for several more. The work - group now continues to meet monthly to address is -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 307 sues and questions related to the administration of the program. In addition, once the final draft of the regu - lations were developed, Commission staff shared the draft with a smaller group of system representatives, obtained their feedback and finalized the proposed regulations before seeking Commission consideration and approval. The proposed regulations were developed to satisfy these provisions of the Education Code as they apply to the newly established Learning–Aligned Employ - ment Program pursuant to Education Code

Section 69967. Objectives and Benefits of the Proposed Regulation As previously noted, the proposed regulations are necessary to clarify statutory provisions and imple - ment the LAEP. The LAEP, to be jointly administered by the Commission and California’s public colleges and universities, is designed to provide additional and important employment opportunities for college stu - dents, particularly those from underrepresented back - grounds and those majoring within STEM disciplines.

The Program provides college and university students with opportunities to earn money to help defray edu - cational costs and gain important career–related work experience. The Program furthers the interest of the State to develop and maintain a well–educated work - force, including within the STEM disciplines. The Program also lessens the burden upon government to provide for a well–educated workforce and helps ensure that California’s eligible college and university students can pursue higher education.

Evaluation of Inconsistency or Incompatibility with Existing State Regulations After conducting a review of for any related regu - lations in this area, the Commission has determined that no other regulations exists concerning the Learn - ing–Aligned Employment Program. Therefore, the proposed regulations are neither inconsistent nor in - compatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Commission has made the following initial determinations: Mandate on Local Agencies and School Districts : None.

Fiscal Impact Estimates: This proposal does not impose costs on any local agency or school district for which reimbursement would be required pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. This proposal does not impose other nondiscre- tionary costs or savings on local agencies. This pro - posal does not result in any cost or savings in federal funding to the state. With respect to potential cost or savings to State agencies, the California Student Aid Commission may incur minor absorbable costs rela - tive to preparing the proposed regulations. Housing Cost: None.

Cost Impact on Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Other Business Impacts: The Commission has determined the proposed reg - ulatory action would have no significant statewide ad- verse economic impact directly affecting business, in- cluding the ability of California businesses to compete with businesses in other states. The proposal would impose no costs upon business.

The proposal does not affect small businesses as defined by California Gov - ernment Code

Section 11342.610. This proposal would not affect private sector or small business as defined by California Government Code

Section 11342.610. Cost or Savings in Federal Funding to the State : None. Results of the Economic Impact Analysis: The proposed regulations would clarify and imple - ment program provisions and application requirements for the Learning–Aligned Employment Program. Par - ticipating in this educational grant funding program is a voluntary option available to eligible students and employers. As such, the proposed regulations place no new or substantial requirements on businesses, indi - viduals, or government agencies within California.

The regulatory amendments are not expected to create or eliminate any jobs within the state. The reg - ulation is not expected to create new businesses or eliminate existing businesses within the state or cause an expansion to businesses currently doing business within the state. Therefore, the proposed regulations have no potential for adverse economic or fiscal im - pact. Furthermore, there is no significant statewide adverse economic impact directly affecting business - es, including California businesses’ ability to compete with businesses in other states or on representative private persons.

The benefits of this regulation, as discussed above, would be to improve the efficient implementation and administration of this program by the Commission on behalf of student applicants. This should enable more students to take advantage of this source of education- al grant funding in support of their educational goals. The regulation is not expected to directly impact Cal - ifornia residents’ health and welfare, worker safety, or the state’s environment.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 308 FEDERAL MANDATE There are no comparable provisions of federal law related to this proposal. The regulation would only apply in California and specifically to implement the Learning–Aligned Employment Program. The regula- tions would neither affect nor conflict with any federal regulations or federal education programs.

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

The Com - mission invites interested parties to submit statements or arguments with respect to alternatives to the pro - posed regulatory action during the written comment period or at the public hearing.

CONTACT PERSONS Inquiries concerning the proposed adoption of the regulations and written comments may be directed to: Synequeen Alasa–as California Student Aid Commission 11120 International Drive, Suite. 100 Rancho Cordova, CA 95670 Telephone: (916) 464–6411 Fax: (916) 464–6411 Email: salasa–as@csac.ca.gov The back–up contact person for these inquiries is: Gary Collord California Student Aid Commission 11120 International Drive, Suite. 100 Rancho Cordova, CA 95670 Telephone: (916) 347–0632 Fax: (916) 464–8033 Email: gcollord@csac.ca.gov A VAILABILITY OF THE STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Commission will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office listed at the ad - dress above.

As of the date this notice is published, the rulemaking file consists of this notice, the proposed text of regulations, the initial statement of reasons, an economic and fiscal analysis, and other reference information upon which the proposed rulemaking is based. Copies may be obtained by making a written request to Synequeen Alasa–as. These documents may also be viewed and downloaded from the Commission’s Web site at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents .

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Commission may adopt the proposed regulations substantially as described in this notice. If the Commission makes modifications which are suffi- ciently related to the originally proposed text, it will make the modified text, with changes clearly indicat - ed, available to the public for at least 15 days before the Board adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Synequeen Alasa–as at the above ad - dress.

The Commission will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by making a written request to Synequeen Alasa–as at the above address. WEBSITE ACCESS Materials regarding this proposal can be found at https://www.csac.ca.gov/proposed–regulations– rulemaking–documents . TITLE 8.

AGRICULTURAL LABOR RELATIONS BOARD The Agricultural Labor Relations Board (ALRB or Board) proposes to adopt the regulations described be- low after considering all comments, objections, and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to: ● Adopt new sections 20951, 20952, 20953, 20954, and 20955.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 309 PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or the represen - tative of any interested person, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or the representative of any interested person, may submit written comments rel - evant to the proposed regulatory action to the Board.

The written comment period closes on May 8, 2023, which is 45 days after the publication of this notice. The Board will consider only comments actually re - ceived by that time. Written comments shall be sub - mitted to: Santiago Avila–Gomez, Executive Secretary Agricultural Labor Relations Board 1325 J Street, Suite 1900–B Sacramento, CA 95814 Comments also may be submitted by email to Santiago.Avila–Gomez@alrb.ca.gov. AUTHORITY AND REFERENCE Pursuant to Labor Code

section 1144, the Board is authorized to adopt, amend and repeal rules and reg - ulations to carry out the provisions, and effectuate the purposes and policies, of the Agricultural Labor Rela- tions Act (ALRA or Act), codified at Labor Code sec- tion 1140 et seq. Pursuant to Business and Professions Code

section 26051.5, subdivision (a)(5)(D), the Board is required to process and investigate complaints that an employer licensed to conduct commercial canna - bis activities has entered into a labor peace agreement with an organization that is not a bona fide labor or - ganization, and the Board thus is authorized to adopt, amend, or repeal rules and regulations as may be nec - essary to implement this statutory process to secure compliance with the labor peace agreement require - ments established by the Medicinal and Adult–Use Cannabis Regulation and Safety Act (MAUCRSA), codified at Business and Professions Code

section 26000 et seq., and to achieve labor peace and avoid disruptions in California’s cannabis industry. General reference for proposed

section 20951 of the Board’s regulations: Sections 1153 and 1154, Labor Code; Sections 26001 and 26051.5, Business and Pro- fessions Code. General reference for proposed sec - tion 20952 of the Board’s regulations:

Section 26001, Business and Professions Code. General reference for proposed

section 20953 of the Board’s regulations:

Section 26001, Business and Professions Code. Gener- al reference for proposed

section 20954 of the Board’s regulations:

Section 26001, Business and Professions Code. General reference for proposed

section 20955 of the Board’s regulations:

Section 26001, Business and Professions Code. POLICY STATEMENT OVERVIEW The ALRB is a quasi–judicial administrative agen - cy charged with administering and enforcing the ALRA, a landmark law enacted in 1975 that extended collective bargaining rights to farmworkers who were excluded from the coverage of the National Labor Relations Act. The ALRB enforces and protects the organizational rights of farmworkers and oversees la - bor relations disputes between growers and the unions representing farmworkers. Charges that an agricultur - al employer has committed an unfair labor practice in violation of Labor Code

section 1153 or that a labor organization has committed an unfair labor practice in violation of Labor Code

section 1154, for example, by interfering with or restraining agricultural employees in the exercise of rights protected under the ALRA, may be filed with the ALRB. The general counsel of the ALRB is authorized to investigate such charges. The general counsel also is empowered to issue com - plaints when it is determined there is reasonable cause to believe an unfair labor practice has been committed and to prosecute such allegations against the charged party.

This proposed rulemaking action is intended to provide guidance to employers engaged in the culti - vation of cannabis and labor organizations seeking to represent such agricultural employees regarding is - sues of potential unfair labor practice liability where more than one labor organization seeks to enter into a labor peace agreement with an employer engaged in the cultivation of cannabis.

The ALRB also is charged with responsibility for investigating complaints under the MAUCRSA that an employer licensed to conduct commercial canna - bis activities has entered into a labor peace agreement with an organization that is not a bona fide labor or - ganization. The proposed regulations are designed to clarify the rights and obligations of employers en - gaged in the cultivation of cannabis and labor orga - nizations entering into labor peace agreements under the MAUCRSA. The proposed regulations further are intended to implement and give effect to the provisions of Business and Professions Code

section 26051.5, subdivision (a)(5)(D), as adopted pursuant to Assem - bly Bill Number 195 (2021–2022 Regular Sess.), § 3 (AB 195), which requires the ALRB to investigate complaints an employer licensed to conduct commer - cial cannabis activities has entered into a labor peace agreement with an organization that is not a bona fide

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 310 labor organization. Pursuant to the statute, the ALRB is required to render a decision within 90 days after receiving such a complaint. The proposed regulations establish procedural requirements in conducting such proceedings and provide clear guidance to affected parties and stakeholders regarding their rights and ob- ligations in such proceedings. INFORMATIVE DIGEST Adoption of New Sections Proposed

Section 20951 adds provisions clarify - ing the rights and obligations of employers engaged in the cultivation of cannabis where more than one labor organization seeks to represent a bargaining unit or obtain a labor peace agreement and the circumstanc - es under which an employer’s conduct related to a la - bor peace agreement may constitute an unfair labor practice. Proposed

Section 20952 adds provisions establish- ing the process by which a party may file a complaint that an employer licensed to conduct commercial can- nabis activities has entered into a labor peace agree - ment with an organization that is not a bona fide labor organization, and the process by which the accused licensee and organization may respond to a complaint. Proposed

Section 20953 adds provisions estab - lishing the general counsel’s authority to conduct in - vestigations of labor peace agreement complaints and clarifies the rights and obligations of parties in such proceedings, including the duty to respond to inter - rogatories and subpoenas issued by the general coun - sel and negative inferences that may be drawn if a par- ty fails to respond. These provisions are substantially similar to existing authority to investigate unfair labor practices. Proposed

Section 20954 adds provisions regard - ing the general counsel’s authority to issue decisions on labor peace agreement complaints, the timing and contents of such decisions, provisions regarding how to request a hearing, and the general counsel’s author- ity to decide whether to hold a hearing. Proposed

Section 20955 adds provisions regarding the rights of a party aggrieved by a decision reached by the general counsel on a labor peace agreement complaint to seek review of such decision before the board itself, and the obligation of the board to report to the Department of Cannabis Control any decisions finding an organization with whom a licensee has en - tered into a labor peace agreement is not a bona fide labor organization. For more information regarding specific proposed regulations, please refer to the proposed regulatory language.

CONSISTENT AND COMPATIBLE WITH EXISTING STATE REGULATIONS The Board has determined the proposed regulato - ry adoptions are not inconsistent or incompatible with existing regulations. The ALRB has exclusive juris - diction to enforce and administer the provisions of the ALRA.

While the Department of Cannabis Control is the administrative agency charged with primary responsibility for administering the MAUCRSA, in - cluding its various licensing requirements, the pro - posed regulations are not inconsistent or incompatible with regulations adopted by the Department of Can - nabis Control, which are codified at California Code of Regulations, title 4,

section 15000 et seq. The De - partment of Cannabis Control has not adopted reg - ulations regarding alleged violations of labor peace agreements, and such allegations otherwise are within the jurisdiction of the ALRB to the extent they involve conduct constituting unfair labor practices, as defined under the ALRA, and involve agricultural employers or employees. Moreover, the ALRB is charged with primary responsibility for investigating complaints a cannabis licensee has entered into a labor peace agree- ment with an organization that is not a bona fide labor organization.

There are no other regulations adopted by any other state agency that affect the procedures or laws affected by the proposed regulatory adoptions. Thus, the Board has concluded these regulations are neither inconsis - tent nor incompatible with existing state regulations. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS The proposed rulemaking is intended to implement relevant provisions of the MAUCRSA concerning al - leged violations of a cannabis licensee’s labor peace agreement obligations.

Current law requires an applicant for a license to cultivate cannabis under the MAUCRSA to declare in its application it is an agricultural employer within the meaning of the ALRA. If an applicant has 20 or more employees, it is required to confirm it has entered into a labor peace agreement with a labor organization, or, if it has less than 20 employees, that it will enter into such an agreement in the future promptly upon hir - ing a 20th employee.

Recent amendments adopted in AB 195 lower the threshold at which a licensee must enter into a labor peace agreement to those with 10 or more employees effective July 1, 2024. The pro - posed regulatory action provides guidance to growers and labor organizations in this industry about their respective rights and obligations concerning labor peace agreements, and when violations of such agree- ments or rights may be unlawful under the ALRA.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 311 The proposed regulatory action also will implement the complaint procedure adopted in AB 195 regarding allegations a licensee has entered into a labor peace agreement with an organization that is not a bona fide labor organization, thereby providing guidance to af - fected parties regarding their rights and obligations in such proceedings.

NO EXISTING AND COMPARABLE FEDERAL REGULATION OR STATUTE The Board has determined that there are no existing, comparable federal regulations or statutes addressing the matters encompassed by this regulatory action. Agricultural employees are excluded from coverage under the National Labor Relations Act, and labor re - lations between agricultural employers and employees are governed by state law under the ALRA.

Moreover, as there are no federal regulations governing licensing or labor peace agreement requirements in the canna - bis industry, the Board has concluded that these regu - lations are neither inconsistent nor incompatible with existing federal regulations or statutes.

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION The Board has made the following initial determinations: Mandate, cost or savings imposed on local agen - cies and school districts: The proposed action will not impact local agencies or school districts, result in any costs or savings to local agencies or school districts, or impose any new mandate on local agencies or school districts that must be reimbursed pursuant to Govern - ment Code

section 17500 et seq. Cost or savings to state agency: The proposed action will result in additional costs to the ALRB in admin - istering the labor peace agreement complaint proce - dures established by AB 195 in Business and Profes - sions Code

section 26051.5, subdivision (a)(5)(D). The proposed action will not result in any new costs or savings to any other state agency. Non–discretionary cost or savings imposed upon lo- cal agencies: The proposed action will not result in any non–discretionary cost or savings to local agencies. Cost or savings in federal funding to the state: The proposed action will not result in any new costs or sav- ings to the state.

Cost impact on private persons or directly affected businesses: The Board 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 adverse economic impact on business, including the ability of California businesses to com - pete with businesses in other states: The proposed ac - tion will have no significant adverse economic impact on California businesses. Significant effect on housing costs: The proposed action will have no effect on housing costs.

Business Reporting Requirement: The proposed ac- tion will not require a report to be made. The Board has determined the proposed regulations will not affect small business because the proposed regulations will not result in any additional costs or burdens on small businesses. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The proposed regulations clarify procedures to comply with obligations already enacted in statute.

The Board concludes that the adoption of the proposed regulations will neither create nor eliminate jobs in the State of California, nor result in the elimination of ex- isting businesses, or create or expand businesses in the State of California. BENEFIT ANAL YSIS The ALRB currently lacks regulations offering guidance to parties engaged in the cannabis industry regarding their rights and obligations under the ALRA with respect to labor peace agreement requirements under the MAUCRSA.

By providing clear guidance to affected stakeholders regarding the procedures by which the Board will process and investigate labor peace agreement complaints under the MAUCRSA, including the parties’ rights and obligations in such proceedings, the Board’s proposed regulatory action will improve administration of the MAUCRSA ’s li - censing and labor peace agreement requirements.

The proposed regulatory action further will provide clear information to parties affected by such labor peace agreement requirements of their rights and obligations with respect to allegations a party is in violation of a labor peace agreement and establish efficient and effective procedures by which such complaints are processed. The proposed regulations thus will benefit workers, labor organizations, and employers licensed to conduct commercial cannabis activities concerning their rights with respect to labor peace agreements.

The proposed regulatory action will not adversely affect the health and welfare of California residents, worker safety, or the state’s environment. The pro - posed regulatory action will further the policies un - derlying prompt resolution of labor disputes, and this will benefit administration of the MAUCRSA ’s labor peace agreement requirements, which themselves are designed to ensure labor peace and avoid workplace disruptions in California’s burgeoning cannabis in -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 312 dustry. California residents’ general welfare will be benefitted by stable labor relations and dispute resolu- tion, which translates to less risk of disruption in Cal - ifornia’s cannabis industry. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Board announced at its August 10, 2022 pub - lic meeting that it would be developing regulations to implement the labor peace agreement complaint provisions of AB 195. The Board’s designated regu - lations subcommittee published proposed regulatory language in on August 26, 2022, and presented its recommendation to the Board at its August 31, 2022 public meeting. No public comments were received at the August 31 meeting, and no reasonable alternatives to the regulatory actions proposed to be taken by the Board here have been identified or brought to its at - tention by any member of the public or stakeholder.

The Board approved the subcommittee’s proposal at the August 31 meeting and directed the subcommittee to commence a formal rulemaking. The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at any scheduled hearing if one is requested.

CONTACT PERSONS Any questions or suggestions regarding the pro - posed action should be directed to: Santiago Avila–Gomez, Executive Secretary Agricultural Labor Relations Board 1325 J Street, Suite 1900–B Sacramento, CA 95814 Email: Santiago.Avila–Gomez@alrb.ca.gov The backup person for these inquiries is: Todd M.

Ratshin, Chief Board Counsel Agricultural Labor Relations Board 1325 J Street, Suite 1900–B Sacramento, CA 95814 Email: Todd.Ratshin@alrb.ca.gov Please direct requests for copies of the proposed text (i.e., the express terms) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based, to Santiago Avila–Gomez at the above address.

PRELIMINARY ACTIVITIES The ALRB announced at its August 10, 2022 pub - lic meeting that it would be developing regulations to implement the labor peace agreement complaint provisions of AB 195. The Board’s designated regu - lations subcommittee published proposed regulatory language in underline and strike–through format on August 26, 2022, and presented its recommendation to the Board at its August 31, 2022 public meeting.

The subcommittee’s proposal regarding these can - nabis regulations includes proposed new regulation 20951, which the subcommittee previously proposed to the Board during earlier pre–rulemaking activities (that preceded the commencement of the Board’s for- mal rulemaking file Number Z2022–1121–01), based on the subcommittee’s assessment that it is appropri - ate to include that proposed regulation in this sepa - rate rulemaking relating specifically to the cannabis industry.

During those prior pre–rulemaking activi - ties, the subcommittee published its original proposed regulation 20951 on September 22, 2021, and public comment regarding the proposed regulation was re - ceived at the Board’s October 10, 2021 public meeting. The subcommittee thereafter published an updated proposed regulation on February 11, 2022, which was approved by the Board on February 22, 2022.

On August 31, 2022, the Board approved the sub - committee’s recommendation to adopt this new chap - ter of regulations relating to the cannabis industry and, specifically here, labor peace agreement requirements under the MAUCRSA. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address.

As of the date this notice is published in the California Regulatory Notice Register, the rulemaking file con - sists of this notice, the express terms of the proposed regulations and the initial statement of reasons. Copies of these docu ments may be obt ained by cont acting San- tiago Avila–Gomez at the above address and are also available on the Board’s web site at <https://www.alrb. ca.gov/statutes–regulations/regulatory–activity/ >.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 313 AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding a hearing, if one is requested, and con- sidering all timely and relevant comments, the Board may adopt the proposed regulations substantially as described in this notice. If the Board makes modifica- tions that are sufficiently related to the originally pro - posed text, the modified text with changes clearly in - dicated will be made available to the public for at least 15 days prior to the date on which the Board adopts the regulations as revised.

Requests for copies of any modified regulations and/or the final statement of rea- sons should be sent to the attention of Santiago Avila– Gomez at the above address. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by contacting Santiago Avila–Gomez at the above address or accessed on the ALRB’s website as set forth below.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this notice of proposed action, the initial statement of reasons, and the text of the proposed reg- ulations in underline and strikeout, can be accessed on the ALRB’s web site at < https://www.alrb.ca.gov/ statutes–regulations/regulatory–activity /> throughout the rulemaking process. Written comments received during the written comment period also will be posted on the ALRB’s web site. The final statement of rea - sons or, if applicable, notice of a decision not to pro - ceed will be posted on the ALRB’s web site following the Board’s action. TITLE 10.

CALSAVERS RETIREMENT SAVINGS BOARD The CalSavers Retirement Savings Board (“Board”) proposes to adopt the regulations amendments de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may be submitted by email to CalSavers@sto.ca.gov, or by mail: Regular Mail CalSavers Retirement Savings Board Regarding: Rulemaking for the CalSavers Retirement Savings Program P.O.

Box 942809 Sacramento, CA 95815 Courier Delivery CalSavers Retirement Savings Board Regarding: Rulemaking for the CalSavers Retirement Savings Program 901 P Street, Suite 313B Sacramento, CA 95814 The written comment period will close May 8, 2023. The Board will only consider comments received by that time. All written comments received by the Board are subject to disclosure under the Public Records Act. PUBLIC HEARING A public hearing is not scheduled.

A public hearing will be held if any interested person, or their duly au - thorized representative, submits a written request for a public hearing to the contact person listed below no later than 15 days prior to the close of the written com- ment period. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Board may adopt the proposed regula - tions substantially as described in this notice.

If the Board makes modifications that are sufficiently related to the original proposed text, it will make the modified text (with the changes clearly indicated) available to the public at https://www.treasurer.ca.gov/calsavers/ regulations/index.asp for at least 15 days before the Board adopts the regulations as revised. The Board will accept written comments on the modified regula - tions for 15 days after the date on which they are made available. AUTHORITY AND REFERENCE Authority:

Section 100048 of Government Code provides the CalSavers Retirement Savings Board the authority to adopt regulations to implement Title 21 of the Government Code. Reference: Sections 100000, 100002, 100004, 100008, 100010, 100012, 100014, 100032, 100033, 100034, 100043, 100046, and 100048, Government Code.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 314 INFORMATIVE DIGEST In 2012, the California Legislature enacted and the Governor signed Senate Bills (SB) 1234 and (Chapter 734, Statutes of 2012) and SB 923 (Chapter 737, Stat- utes of 2012,) which established the California Secure Choice Retirement Savings Investment Board (subse - quently changed to the “CalSavers Retirement Savings Board” through Assembly Bill (“AB”) 102 in 2020) and required the Board to conduct a market analysis to determine whether the necessary conditions for implementing the California Secure Choice Retire - ment Savings Program (subsequently changed to the “CalSavers Retirement Savings Program” through AB 1817 in 2018) could be met.

The legislation required the Board to determine, based on the market analysis, if necessary conditions can be met and prohibited the implementation of the Program without subsequent legislation to authorize it. In 2016, the California Legislature enacted and the Governor signed SB 1234 (Chapter 804, Statutes of 2016,) which, among other things, granted the Board the authority to take the steps necessary to implement the Program, including the adoption of regulations.

On October 31, 2019, the Office of Administrative Law approved permanent regulations for the Program that implement, interpret, and make specific the rules, policies, and procedures for the Program. Specifically, these regulations accomplish the following: a. Define terms used in the regulations and further clarify the meaning of

definitions in statute; b. Define employer eligibility for the Program and establish the means by which the Program shall determine such eligibility; c. Establish the deadlines and processes by which eligible employers shall register for the Program; d. Define the duties for participating employers and the processes by which participating employ - ers shall comply with the requirements of the Program; e. Establish processes for the enrollment of eligible employees into the Program; f. Define the default account settings for partici - pants whom do not make an alternative election; g.

Define the alternative elections available to participants; h. Establish the policies for the participation of indi- viduals in the Program outside of an employment relationship with an Eligible Employer; i. Define the processes and policies for contribu - tions, distributions, and transfer of savings; and j. Define how enforcement of employer compliance shall be conducted. Throughout 2020, the Program filed multiple sets of emergency regulations to achieve several pro - grammatic amendments.

The changes made were as follows: ● Due to the COVID–19 pandemic, the Board ex - tended the first employer registration deadline in April 2020 through the emergency rulemaking process. The deadline for employers with more than 100 employees was changed from June 30, 2020, to September 30, 2020. ● On June 29, 2020, Governor Newsom signed AB 102 (Chapter 21, Statutes of 2020), which made a variety of amendments to the Program’s gov - erning statutes. The amendments, among oth - er things, changed the name of the Program’s governing board and the Program trust account.

Nonsubstantive changes to existing regula - tions were filed with the OAL on July 7, 2020, to change the Board and trust account name pur - suant to

Section 100 of Title 1 of the California Code of Regulations (CCR). ● On July 27, 2020, the Board approved a variety of regulations amendments, some in response to the passage of AB 102.

The amendments added a new default investment fund for participants born January 1, 2003, to January 1, 2007, a change that was necessary to make before December 31, 2020; removed a feature in which eligible em - ployees who previously opted out are subjected again to automatic enrollment; clarified the tax– qualified retirement plans that, if offered by an employer, would render them exempt; and made a variety of technical amendments that improve the clarity of the regulations. ● At the October 19, 2020, Board meeting, the Board voted to authorize the executive di - rector to develop amendments necessary to change the default investment option to one in which Contributions are directed to the Capital Preservation Fund (referred to as the Money Market Fund) for the first 30 days of employee participation and, on the 31 st day, have all funds directed into a Target Retirement Fund selected based on the Participating Employee’s age.

At the meeting, the executive director also informed the Board it would consider a package of regulations amendments, including the enforcement of em - ployer compliance and reduction of the minimum contribution amount for non–payroll contribu - tions at the subsequent meeting. ● At the December 7, 2020, Board meeting, the Board voted to approve regulations amendments to change the default investment option, clarify processes for enforcing employer compliance, reduce the minimum contribution amounts for

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 315 non–payroll contributions, clarify the frequen - cy for recurring non–payroll contributions, clari - fy that rollovers and transfers into a Program ac - count are permissible, and amend the definition of a tax–qualified plan. ● At the December 13, 2021, meeting, the Board approved a new set of regulations amendments to allow employers to register earlier than current - ly allowed in regulations, to specify the date by which newly eligible employers must register for the Program to maintain compliance, to correct a typographical error, to simplify the employer registration process, and to update language to account for longer delivery times by the United States Postal Service.

The emergency rulemak - ing to make the amendments was notified on March 1, 2022. The OAL approved the emergen- cy regulations amendments on March 18, 2022. The certificate of compliance for the rulemaking was posted in the notice register on November 11, 2022 and staff anticipate completing the rulemak- ing in early 2023. The Board is authorized under Government Code

Section 100048 to adopt regulations it deems neces - sary to implement the Program consistent with the In- ternal Revenue Code and regulations issued pursuant to that code to ensure that the program meets all crite- ria for federal tax–exempt benefits. Government Code

Section 100048 deems the adoption, amendment, re - peal, or readoption of those regulations to address an emergency for the purposes of the Administrative Pro- cedure Act and, more specifically, Government Code Sections 11346.1 and 11349.6 and, thereby, exempts the Board from the requirements of Government Code

Section 11346.1(b). Pre–Rulemaking Activity On August 26, 2022, Governor Gavin Newsom signed SB 1126 into law, changing the CalSavers Pro- gram eligibility to include businesses with as few as one employee. This bill also made other changes to eligibility, including a carve–out for sole proprietors and establishing a new deadline for those newly eligi- ble employers to register for the Program. The Board approved emergency regulations amendments at the Board meeting on November 21, 2022. The OAL ap - proved these emergency regulations amendments on December 21, 2022.

In addition to the public comment periods involved in the rulemaking process and the public comment pe- riods at each Board meeting, the Board also received and considered input from Program employers and participants that have already begun participating in the Program.

Through our client services team, our internal outreach team, local chambers of commerce and other business associations, interactive webinars with the public that occur multiple times a week, and our social media platforms, the Board receives regu - lar feedback about facets of the Program, thoughts on how the Program could be improved, as well as gener- al praise and criticism. Anticipated Benefits of the Proposed Regulations: About half of working Californians are on track to live at or near poverty upon reaching retirement age.

Without the ease and simplicity of regular payroll con- tributions through a workplace retirement savings ar - rangement, many simply do not save for retirement. While the problem of retirement insecurity has many causes, including low wages and rising costs of living, research shows access to a retirement savings vehicle makes individuals 15 times more likely to save for retirement. The Program ensures a majority of California work- ers have access to a workplace retirement savings ve - hicle by mandating that employers either sponsor their own plan or register for the Program.

The Program and its associated laws were established in an effort to improve retirement security for working Californians. The operation of the program in general is expected to benefit participating employees and individuals by providing a simple pathway to improve their retire - ment security. These regulations amendments will make no ma - terial impacts on the overall indirect benefits of the program, but will benefit employers by improving the clarity of the regulations through changes to defini - tions, removal of obsolete language, and eliminating repetitive language.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations: The Board evaluated whether or not there are any other regulations that may be adversely impacted by the adoption of these proposed regulations. Because these regulations are solely for the purpose of oper - ating the Program, and no other regulations exist in the California Code of Regulations pertaining to the operation of the Program, the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following determinations regarding fiscal impact: ● Mandate on local agencies and school districts: none. ● Cost to any local agency or school district that must be reimbursed in accordance with Government Code Sections 17500 through 17630: none.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 316 ● Cost or savings to any state agency: none. ● Other nondiscretionary cost or savings imposed on local agencies: none. ● Costs or savings in federal funding to the state: none. ● Cost impacts on a representative person or busi - ness: For participating employers, the Program requires no direct costs or fees to participate.

Although participating employers’ role in facil - itating the Program requires minimal activities, employers will be required to perform some du - ties upon the initial registration and ongoing maintenance to facilitate payroll deductions and assist with the enrollment of new employees. For those duties, the Board estimates approximately $157 in opportunity costs for the staff time neces- sary to register and annual ongoing opportunity costs of $135. Participation in the Program is completely vol - untary for eligible employees.

Participating em - ployees will pay an administrative fee taken from their contributions and investment interest. Those fees currently range between 0.82 and 0.95 per - cent depending on the investment option selected by the participant. The regulations amendments included in this rulemaking do not materially change the duties of participating employers nor do they impact the administrative fees for participants, and, there - fore, cause no changes to the cost impacts on a representative person or business.

The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. ● Small Business Determination: The regulations amendments included in this rulemaking do not materially change the duties of participating em - ployers nor do they impact the administrative fees for participants, and, therefore, cause no changes to the cost impacts on a representative person or business. ● Significant statewide adverse economic impact directly affecting businesses, including the abili - ty of California businesses to compete with busi - nesses in other states: none. ● Significant effects on housing costs: none. ● The proposed regulations do not require a report to be made.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Program staff analysed the economic impacts caused by a direct result of this rulemaking package. These regulations amendments do not materially change the duties or requirements of participating employers so there is no expected change to those business impacts as a result of this rulemaking. The following list iden- tifies the estimated impacts by each category of poten- tial impacts. The creation or elimination of jobs within the state: no impact. The creation of new businesses or the elimination of existing businesses within the state: no impact.

The expansion of businesses currently doing busi - ness within the state: no impact. The benefits of the regulation to the health and wel- fare of California residents, worker safety, and the state’s environment: no impact, please see previous

section on anticipated benefits. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5 (a)(13), the Board must determine that no rea- sonable alternative considered by the agency or that has otherwise been identified and brought to the atten- tion of the agency would be more effective in carry - ing 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 Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written com - ment period. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Eric Lawyer Director of Policy & Communications CalSavers Retirement Savings Board 901 P Street, Suite 313B Sacramento, CA 95814 Telephone: (916) 653–1748 Email: Eric.Lawyer@sto.ca.gov Please direct any inquiries regarding the regulato - ry process to Mr. Lawyer at the above address. The designated backup contact person is Jacob Schafer,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 317 who can be reached at Jacob.Schafer@sto.ca.gov or by phone at (916) 653–1744. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the rulemaking file available for inspection online at https://www.treasurer.ca.gov/ calsavers/regulations/index.asp. To request a physical inspection of the rulemaking file, please contact the contact persons identified above and they will sched - ule a time and location for the inspection.

As of the date of this notice is published in the No - tice Register, the rulemaking file consists of this no - tice, the proposed text of the regulations, the economic and fiscal impact analysis, and the initial statement of reasons. Copies may be obtained by contacting Eric Lawyer at the email address or by calling the phone number listed above. A VAILABILITY OF THE FINAL STATEMENT OF REASONS After it is completed, a copy of the Final Statement of Reasons may be obtained by submitting a written request to the contact person identified above. TITLE 10.

DEPARTMENT OF INSURANCE SEPTEMBER 1, 2023 WORKERS’ COMPENSATION INSURANCE RATING RULES FILING Notice is given that a public hearing will be held in response to a filing by the Workers’ Compensation Insurance Rating Bureau of California (“WCIRB”), submitted on February 27, 2023.

The WCIRB pro - poses amendments to the Insurance Commissioner’s Regulations pertaining to the Classification of Risks, Recording and Reporting of Data, Statistical Report - ing and Experience Rating to be effective September 1, 2023, as follows: ● Approval of proposed amendments to the Cali- fornia Workers’ Compensation Uniform Statisti - cal Reporting Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s desig- nated statistical agent. ● Approval of proposed amendments to the Mis- cellaneous Regulations for the Recording and Reporting of Data — 1995 as proposed by the WCIRB as the Insurance Commissioner’s desig- nated statistical agent. ● Approval of proposed amendments to the Cali- fornia Workers’ Compensation Experience Rat - ing Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s designated statis - tical agent.

The WCIRB also proposes amendments to the In - surance Commissioner’s Regulations pertaining to the Classification of Risks, Recording and Reporting of Data, Statistical Reporting and Experience Rating to be effective September 1, 2024, as follows: ● Approval of proposed amendments to the Cali- fornia Workers’ Compensation Uniform Statisti - cal Reporting Plan — 1995 as proposed by the WCIRB as the Insurance Commissioner’s desig- nated statistical agent.

HEARING Public Hearing Date and Location A virtual public hearing will be conducted to per - mit all interested persons the opportunity to present statements or arguments, verbally or in writing, with respect to the matters proposed in the WCIRB’s filing, at the following date, time and place: April 24, 2023 — 10:00 a.m.

California Department of Insurance TO ATTEND VIRTUAL HEARING VIA ONLINE PLATFORM Link to Register for the Web–based Virtual Format: https://us06web.zoom.us/webinar/register/WN_ dQW––hNpTbapobgYDZkXY g Meeting Name: September 1, 2023 Workers’ Compensation Insurance Classification and Rating Rules TO ATTEND VIRTUAL HEARING BY TELEPHONE To join by telephone dial: USA 215 446 3649 US Toll USA 888 557 8511 US Toll–free Conference code: 832767 Any interested person(

s) may present oral testimo - ny at the virtual web conference hearing during the public comment period. Participants will be given in - structions on how to provide testimony once they have accessed the hearing. Individuals attending the virtual hearing via the on - line platform must register with the virtual web con - ference provider using a valid email address in order to attend the hearing. Individuals attending the virtual hearing by tele - phone only will not be able to view the hearing, and will be placed on mute. Telephonic attendees who wish

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 318 to make oral comments at the public hearing must, ei- ther in advance or at the time of the hearing, notify the Department by email to: CDIRegulations@insurance. ca.gov and provide the telephone number that they will use at the hearing so that the hearing officers can identify those callers who would like to comment. The hearing will continue on the date noted above until all testimony has been submitted or until 5:00 p.m., whichever is earlier. Access to Virtual Public Hearing This hearing will be open to the public.

To make it possible to view and participate in the public hearing online, you must register with the web–based virtu - al conferencing application identified above, using a valid email address. We request that you provide your name(s), the name of the organization you represent, and your contact information, including email ad - dress. Providing personally identifiable information is not required to attend the hearing and all attendees are invited to participate regardless of whether such in - formation has been provided. Alternatively, you may attend and participate telephonically.

We request that if you wish to provide oral comments telephonically, that you email us either in advance of or at the time of the hearing and provide the telephone number you will use at the hearing. The public hearing is accessible to persons with mo- bility impairment. Persons with sight or hearing im - pairments are requested to notify the contact person for this hearing (listed below) in order to make specific arrangements, if necessary.

WRITTEN COMMENT PERIOD Presentation of Written or Oral Comments; Contact Persons All persons are invited to submit written comments on the proposed regulations during the public com - ment period. The public comment period will end at 5:00 p.m. on Monday, April 24, 2023 .

Please direct all written comments to the following contact person: Yvonne Hauscarriague, Attorney California Department of Insurance 1901 Harrison Street, 6th Floor Oakland, CA 94612 Telephone: (415) 538–4417 Yvonne.Hauscarriague@insurance.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

If she is unavailable, in - quiries may be addressed to the following backup con- tact person: Patricia Hein, Assistant Chief Counsel California Department of Insurance 1901 Harrison Street, 6th Floor Oakland, CA 94612 Telephone: (415) 538–4430 Patricia.Hein@insurance.ca.gov Please note that under the California Public Records Act (Government Code

Section 6250, et seq.), your written and oral comments, and associated contact information (e.g., your address, phone number, email, etc.) become part of the public record and can be re - leased to the public upon request. Deadline for Written Comments All written materials must be received by the Insur- ance Commissioner, addressed to the contact person at the address listed above, no later than 5:00 p.m. on Monday, April 24, 2023. Any written materials received after that time may not be considered.

Comments Transmitted by Email or Facsimile The Commissioner will accept written comments transmitted by email provided they are sent to the following email address: Yvonne.Hauscarriague@ insurance.ca.gov. The Commissioner will also accept written comments transmitted by facsimile provided they are directed to the attention of Yvonne Hauscar - riague and sent to the following facsimile number: (415) 904–5490. Comments sent to email addresses or facsimile numbers other than those designated in this notice will not be accepted.

Comments sent by email or facsimile are subject to the deadline set forth above for written comments. PROCEEDINGS NOT SUBJECT TO ADMINISTRATIVE PROCEDURE ACT The regulations contained in the California Work- ers’ Compensation Uniform Statistical Reporting Plan — 1995, the Miscellaneous Regulations for the Recording and Reporting of Data—1995, and the Cal- ifornia Workers’ Compensation Experience Rating Plan — 1995 pertain to the establishment of workers’ compensation insurance rates. Government Code Sec- tion 11340.9(

g) states that the Administrative Proce - dure Act [Chapter 3.5 of the Government Code] shall not apply to regulations that establish or fix rates, pric- es, or tariffs, and the Office of Administrative Law has determined that these regulations are excluded from the requirements of the Administrative Procedure Act. This Notice and any accompanying documents are being offered by the Commissioner to obtain written public comment before the Commissioner determines whether to approve the amendments to these regula - tions. The Commissioner shall issue an Order regard - ing his determination pursuant to Insurance Code

Section 11734.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 319 AUTHORITY AND REFERENCE Uniform Plans and Regulations The workers’ compensation classification of risks and statistical reporting rules are set forth in Title 10, California Code of Regulations,

Section 2318.6. The miscellaneous regulations for the recording and reporting of data are set forth in Title 10, California Code of Regulations,

Section 2354. The workers’ compensation experience rating regulations are set forth in Title 10, California Code of Regulations, Sec- tion 2353.1. These regulations are promulgated by the Insurance Commissioner pursuant to the authority granted by Insurance Code

Section 11734. INFORMATIVE DIGEST Pursuant to Insurance Code Sections 11734 and 11751.5, the Insurance Commissioner has designated the WCIRB as his statistical agent. As the designat - ed statistical agent, the WCIRB collects insurer data and recommends revisions to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995; the Miscellaneous Regulations for the Record - ing and Reporting of Data—1995; and the California Workers’ Compensation Experience Rating Plan — 1995 for approval.

Adherence to the regulations con - tained in the California Workers’ Compensation Uni- form Statistical Reporting Plan — 1995, the Miscella- neous Regulations for the Recording and Reporting of Data—1995, and the California Workers’ Compen- sation Experience Rating Plan — 1995 is mandatory for insurers. However, Insurance Code

Section 11734 provides that an insurer may develop its own classifi - cation system if it is filed with the Insurance Commis- sioner 30 days prior to its use and is not disapproved by the Insurance Commissioner for failure to demon - strate that the data produced by the insurer’s classi - fication system can be reported consistently with the California Workers’ Compensation Uniform Statisti - cal Reporting Plan — 1995 or the standard classifica- tion system developed by the WCIRB and approved by the Insurance Commissioner.

The amendments to the California Workers’ Com- pensation Uniform Statistical Reporting Plan — 1995, the Miscellaneous Regulations for the Recording and Reporting of Data—1995, and the California Workers’ Compensation Experience Rating Plan — 1995 are summarized below. Amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, Title 10, California Code of Regulations,

Section 2318.6 Effective September 1, 2023 1. Amend

Part 1, General Provisions,

Section I, Introduction, Rule 3, Effective Date, to show that the effective date of the amended Uniform Statistical Reporting Plan is 12:01 AM, September 1, 2023. 2. Amend

Part 3, Standard Classification System,

Section IV, Special Industry Classification Procedures, Rule 5, Stores, Subrule e to clarify its intended application. 3. Amend

Part 3,

Section V, Payroll — Remuneration, Rule 1, Payroll — Remuneration, Subrule j, Executive Officers, Subrule k, Partners, Subrule I, Individual Employers, and Subrule m, Members of a Limited Liability Company, to adjust the min- imum and maximum payroll limitations for exec- utive officers, partners, individual employers and members of a limited liability company to reflect wage inflation since the minimum and maximum payroll limitations were last amended in 2022. 4. Amend

Part 3,

Section VII, Standard Classifications, Rule 2, Standard Classifications, as follows: ● Amend Classification 7421, Aircraft Operation — transportation of personnel in the business of an employer not otherwise engaged in aircraft operation, which is part of the Aircraft Operation Industry Group, to clarify the intended application. ● Amend Classification 9016(1), Amusement or Recreational Facilities — N.O.C. — all employees other than those engaged in the operation or maintenance of amusement de- vices, restaurants or retail stores, for con - sistency with other proposed changes. ● Amend Classification 9181, Athletic Teams or Athletic Facilities — players, umpires, referees and game officials, to increase the annual payroll limitation for players from $149,500 to $154,700 per player per season to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 7607(2), Audio Post– Production, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8803, Auditing, Accounting or Management Consulting Services, to increase the annual payroll lim - itation from $149,500 to $154,700 per per - son to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8391, Automobile or Truck Dealers — all employees oth - er than vehicle salespersons, which is part of the Automotive Industry Group, to clar - ify the intended application and provide

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 320 direction as to how related operations should be classified. ● Amend Classification 8748, Automobile or Truck Dealers — vehicle salespersons, which is part of the Automotive Industry Group, to clarify the intended application and provide direction as to how related op - erations should be classified. ● Amend Classification 8808, Banks, to in - crease the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 3647(1), Battery Mfg., to clarify the intended application and pro - vide direction as to how related operations should be classified. ● Amend Classification 9016(4), Boat Marina and Boat Rental Operation, for consistency with other proposed changes. ● Amend Classification 9048(1), Camps, to in- clude retreat facilities, provide direction as to how related operations should be classi - fied and for clarity. ● Amend Classification 9015(4), Churches, Temples, Mosques and Synagogues — all employees other than clergy, profession - al assistants, organists, members of choir, Clerical Office Employees or Clerical Telecommuter Employees, to provide direc - tion as to how related operations should be classified and for consistency with other pro- posed changes. ● Amend Classification 8840, Churches, Temples, Mosques and Synagogues — cler - gy, professional assistants, organists or members of choir, to provide direction as to how related operations should be classi - fied and for consistency with other proposed changes. ● Amend Classification 9067(2), Clubs — boys and girls, for consistency with other pro - posed changes. ● Amend Classification 9067(1), Clubs — community health and wellness, for consis - tency with other proposed changes. ● Amend Classification 9060, Clubs — coun - try or golf, to include yacht clubs and pro - vide direction as to how related operations should be classified. ● Amend Classification 9061, Clubs — N.O.C., to (1) clarify the intended application, (2) re- assign yacht club operations to Classification 9060, Clubs — country or golf, (3) reassign retreat facility operations to Classification 9048(1), Camps, and (4) for consistency with other proposed changes. ● Amend Classification 9053(5), Clubs — rac- quet sports, for consistency with other pro - posed changes. ● Amend Classification 9101, Colleges or Schools — private — not automobile schools — all employees other than professors, teachers, or academic professional employ - ees, to clarify how related operations should be classified. ● Amend Classification 8868, Colleges or Schools — private — not automobile schools — professors, teachers or academic profes - sional employees, for consistency with other proposed changes and to clarify the intend - ed application and how related operations should be classified. ● Amend Classification 5193, Computer or Telephone System or Equipment Installation, Service or Repair, to clarify the intended application. ● Amend Classification 8859(1), Computer Programming or Software Development, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 5205(2), Concrete or Cement Work — pouring or finishing of con- crete floor slabs, poured in place and on the ground, and concrete slab–type foun - dations, for other than concrete buildings or structural steel buildings of multi–story construction, for consistency with previous- ly approved changes. ● Amend Classification 8801, Credit Unions, to increase the annual payroll limitation from $149,500 to $154,700 per employee to reflect wage inflation since the payroll lim - itation was last amended in 2022. ● Amend Classification 9059, Day Care Centers, for consistency with other pro - posed changes. ● Amend Classification 3569, Electric Motor Mfg. or Repair, to clarify the intended appli- cation and provide direction as to how relat- ed operations should be classified. ● Amend Classification 8874(4), Audio/Video Electronic Products Mfg. — hardware or software design or development, which is part of the Electronics Industry Group, to increase the annual payroll limitation from

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 321 $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 3681 (2), Computer or Computer Peripheral Equipment Mfg. – all other employees, which is part of the Electronics Industry Group, to clarify the intended application and for consistency with other proposed changes. ● Amend Classification 8874(2), Computer or Computer Peripheral Equipment Mfg. – hardware or software design or devel - opment, which is part of the Electronics Industry Group, to increase the annual pay - roll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 3179, Electrical Apparatus Mfg. — N.

O.

C., which is part of the Electronics Industry Group, to clarify the intended application. ● Amend Classification 8874(1), Instrument Mfg. — electronic — professional or scien - tific — hardware or software design or de - velopment, which is part of the Electronics Industry Group, to increase the annual pay - roll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8874(5), Integrated Circuit and Semiconductor Wafer Mfg. – hardware or software design or devel - opment, which is part of the Electronics Industry Group, to increase the annual pay - roll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8874(3), Telecommunications Equipment Mfg. — hardware or software design or devel - opment, which is part of the Electronics Industry Group, to increase the annual pay - roll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8601(1), Engineers, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classifications 6218(1)/6220(1), Excavation — N.O.C., to decrease the hour - ly wage threshold from $39.00 to $38.00 per hour to reflect updated wage information since the threshold was last amended in 2022. ● Amend Classification 8870, Fitness Instruction Programs or Studios, for consis- tency with other proposed changes. ● Amend Classification 2102, Fruit or Vegetable Evaporation or Dehydrating, which is part of the Food Packaging and Processing Industry Group, for consistency with previously approved changes. ● Amend Classification 8601(4), Forest Engineers, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 3339, Foundries — in- vestment casting, for clarity and consistency. ● Amend Classification 3081, Foundries — iron, to provide direction as to how related operations should be classified and for clari- ty and consistency. ● Amend Classification 3085, Foundries — nonferrous, to provide direction as to how related operations should be classified and for clarity and consistency. ● Amend Classification 3082, Foundries — steel castings, to provide direction as to how related operations should be classified and for clarity and consistency. ● Amend Classifications 6315(2)/6316(2), Gas Mains or Connections Construction, to decrease the hourly wage threshold from $39.00 to $38.00 per hour to reflect updat - ed wage information since the threshold was last amended in 2022. ● Amend Classifications 6218(2)/6220(2), Grading Land, to decrease the hourly wage threshold from $39.00 to $38.00 per hour to reflect updated wage information since the threshold was last amended in 2022. ● Amend Classification 9050, Hotels, Motels or Short–Term Residential Housing, to pro- vide direction as to how related operations should be classified. ● Amend Classification 8822, Insurance Companies, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8859(2), Internet or Web–Based Application Development or Operation, to increase the annual payroll limitation from $149,500 to $154,700 per

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 322 person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 9008, Janitorial Services, to clarify the intended application and provide direction as to how related oper- ations are classified. ● Amend Classification 8755, Labor Unions, to clarify the intended application. ● Amend Classification 2702(2), Land Clearing, to clarify the intended application and provide direction as to how related oper- ations should be classified. ● Amend Classifications 6218(3)/6220(3), Land Leveling, to decrease the hourly wage threshold from $39.00 to $38.00 per hour to reflect updated wage information since the threshold was last amended in 2022. ● Amend Classification 0042, Landscape Gardening, to clarify the intended applica - tion and provide direction as to how related operations are classified. ● Amend Classification 8820, Law Firms, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8232(1), Lumberyards, for clarity and consistency with other pro - posed changes. ● Amend Classification 8749, Mortgage Bankers, to increase the annual payroll lim - itation from $149,500 to $154,700 per per - son to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 8743, Mortgage Brokers, to increase the annual payroll lim - itation from $149,500 to $154,700 per per - son to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 9610, Motion Pictures – production, to increase the annual payroll limitation for actors, musicians, produc - ers and the motion picture director from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 5191, Office Machine or Point of Sale Equipment Installation, Service or Repair, for consistency with oth- er proposed changes. ● Amend Classification 8601 (2), Oil or Gas Geologists or Scouts, which is part of the Petroleum Industry Group, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amend - ed in 2022. ● Amend Classification 2840(1), Picture Frame Assembly, for clarity and consistency with other proposed changes. ● Amend Classification 2840(2), Picture or Artwork Framing, for clarity and consisten - cy with other proposed changes. ● Amend Classification 2731, Planing or Moulding Mills, to clarify the intended application. ● Amend Classification 8746, Newspaper Publishing or Printing — reporters or pho - tographers, which is part of the Printing, Publishing and Duplicating Industry Group, to provide direction as to how related opera- tions should be classified. ● Amend Classification 8741, Real Estate Agencies, which is part of the Property Management/Operation Industry Group, to increase an employee’s annual payroll lim - itation from $149,500 to $154,700 per per - son to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 7610, Radio, Television or Commercial Broadcasting Stations, to in- crease the annual payroll limitation for on– air personalities, entertainers and musicians from $149,500 to $154,700 per person to re- flect wage inflation since the payroll limita - tion was last amended in 2022. ● Amend Classification 9096, Residential Cleaning Services, for clarity and consisten- cy with other proposed changes. ● Amend Classification 2710(1), Sawmills or Shingle Mills, for clarity and consistency with other proposed changes. ● Amend Classifications 6307/6308, Sewer Construction, to decrease the hourly wage threshold from $39.00 to $38.00 per hour to reflect updated wage information since the threshold was last amended in 2022. ● Amend Classification 8062, Stores — com - puter, which is part of the Stores Industry Group, to clarify the intended application, provide direction as to how related opera - tions should be classified and for consisten - cy with other proposed changes. ● Amend Classification 8039, Stores — de - partment stores, which is part of the Stores Industry Group, to increase the payroll lim - itation from $1,200,000 to $1,300,000 per

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 323 annum to reflect wage inflation since the payroll limitation was last amended in 2021. ● Amend Classification 2501(4), Tailoring, for clarity. ● Amend Classification 7365, Taxicab Operations, to increase the minimum an - nual payroll per taxicab from $41,000 to $42,400 to reflect wage inflation since the threshold was last amended in 2022. ● Amend Classification 9156, Theaters — dance, opera or theater companies, to in - crease the annual payroll limitation for per - formers and directors of performers from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 9151, Theaters — mu- sical entertainment, to increase the annual payroll limitation for performers and direc - tors of performers from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classification 7607(1), Video Post– Production, to increase the annual payroll limitation from $149,500 to $154,700 per person to reflect wage inflation since the payroll limitation was last amended in 2022. ● Amend Classifications 6315(1)/6316(1), Water Mains or Connections Construction, to decrease the hourly wage threshold from $39.00 to $38.00 per hour to reflect updat - ed wage information since the threshold was last amended in 2022. 5.

Amend

Part 3,

Section VIII, Abbreviated Classifications — Numeric Listing, for consisten- cy with other proposed changes. Amendment to the Miscellaneous Regulations for the Recording and Reporting of Data—1995, Title 10, California Code of Regulations,

Section 2354 Effective September 1, 2023 1. Amend

Part 1, General Provisions,

Section I, Introduction, Rule 2, Effective Date, to show that the effective date of the amended Miscellaneous Regulations is 12:01 AM, September 1, 2023. Amendments to the California Workers’ Compensation Experience Rating Plan — 1995, Title 10, California Code of Regulations,

Section 2353.1 Effective September 1, 2023 1. Amend

Section I, General Provisions, Rule 2, Effective Date, to show that the effective date of the amended Experience Rating Plan is 12:01 AM, September 1, 2023. 2. Amend

Section III, Eligibility and Experience Period, Rule 1, Eligibility Requirements for California Workers’ Compensation Insurance, to adjust the eligibility threshold from $9,200 to $10,200 to reflect wage inflation and the proposed September 1, 2023 expected loss rates. 3. Amend

Section IV, Change in Status and Combination of Entities, Rule 2, Combination of Entities, for consistency with naming conven - tions for rules. 4. Amend Table I, Expected Loss Rates and D– Ratios, to reflect the most current data available. 5. Amend Table II, Primary Thresholds, to reflect the most current data available. Amendments to the California Workers’ Compensation Uniform Statistical Reporting Plan — 1995, Title 10, California Code of Regulations,

Section 2318.6 Effective September 1, 2024 1. Amend

Part 3, Standard Classification System,

Section III, General Classification Procedures, Rule 2, Single Enterprise, for clarity and consis - tency with other proposed changes. 2. Amend

Part 3,

Section IV, Special Industry Classification Procedures, Rule 5, Stores, sub - rules e and f, for consistency with other proposed changes. 3. Amend

Part 3,

Section VII, Standard Classifications, Rule 1, Classification Section, subrule a, Industry Groups, to reflect the pro - posed establishment of Food and Beverage Service as an industry group and to renumber the subsequent listings in the Rule. 4. Amend

Part 3,

Section VII, Rule 2, Standard Classifications, as follows: ● Amend Classification 9016(1), Amusement or Recreational Facilities — N.O.C. — all employees other than those engaged in the operation or maintenance of amusement de- vices, restaurants or retail stores, for con - sistency with other proposed changes. ● Amend Classification 9180(1), Amusement or Recreational Facilities — N.O.C. — op - eration or maintenance of amusement de - vices, to provide direction as to how related operations should be classified and for con - sistency with other proposed changes. ● Amend Classification 9182, Athletic Teams or Athletic Facilities — all employees other than players, umpires, referees and game of- ficials, to provide direction as to how related operations should be classified and for con - sistency with other proposed changes.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 324 ● Establish a new cross–reference for Classification 9084, Bars or Taverns, to be part of the proposed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Amend Classification 8078(2), Beverage Preparation Shops, to be included as part of the proposed Food and Beverage Service Industry Group and to provide direction as to how related operations should be classified. ● Establish a new cross–reference for Classification 8078(2), Beverage Preparation Shops, to be part of the proposed Food and Beverage Service Industry Group, for con - sistency with other proposed changes. ● Amend Classification 9092(2), Billiard Halls, to include bar employees and provide direction as to how related operations should be classified. ● Amend Classification 4512, Biomedical Research Laboratories, to limit an employ - ee’s annual payroll and direct that the maxi- mum payroll amount shall be prorated based upon the number of weeks in the policy pe - riod when the policy is in force for less than a 12–month period. ● Amend Classification 9016(4), Boat Marina and Boat Rental Operation, for consistency with other proposed changes. ● Amend Classification 9092(1), Bowling Centers, to include bar employees and pro - vide direction as to how related operations should be classified. ● Establish a new cross–reference for Classification 9082, Caterers, to be part of the proposed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Amend Classification 9060, Clubs — coun - try or golf, to include bar employees and for consistency with other proposed changes. ● Amend Classification 9069, Clubs — gam - ing, to include bar employees for consisten - cy with other proposed changes. ● Amend Classification 9061, Clubs — N.O.C., to include bar employees for consistency with other proposed changes. ● Amend Classification 9053(5), Clubs — rac- quet sports, to include bar or tavern em - ployees for consistency with other proposed changes. ● Amend Classification 7207(2), Clubs — rid- ing, to provide direction as to how related operations should be classified. ● Amend Classification 9079(2), Concessionaires, to be included as part of the proposed Food and Beverage Service Industry Group, to establish a unique clas - sification for these operations to eliminate confusion and for consistency with other proposed changes. ● Establish a new cross–reference for Classification 9081(2), Concessionaires, to be part of the proposed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Amend Classification 9016(2), Dog Shows, for consistency with other proposed changes. ● Establish Classification 9084, Bars or Taverns, to be included as part of the pro - posed Food and Beverage Service Industry Group, to apply to each separate and distinct bar, tavern, lounge or nightclub that operates under license types 42, 48 or 61, and to beer tasting or taproom locations. ● Establish Classification 9082, Caterers, to be included as part of the proposed Food and Beverage Service Industry Group, to apply to employers engaged in the preparation, de- livery and set–up or service of hot and cold food at customer–specified locations for weddings, conferences, parties, meetings or similar events. ● Establish Classification 9083, Restaurants – fast food or fast casual, to be included as part of the proposed Food and Beverage Service Industry Group, to apply to each separate and distinct restaurant with limited table service that prepares hot and cold food and may pour and serve alcoholic beverages for consumption by the walk–in trade on or away from the premises. ● Establish Classification 9080, Restaurants — full service, to be included as part of the proposed Food and Beverage Service Industry Group, to apply to each separate and distinct restaurant that has full table ser- vice, prepares and serves hot and cold food and may pour and serve alcoholic beverages for consumption by the walk–in trade on or away from the premises. ● Establish Classification 9081(1), Restaurants – N.O.C., to be included as part of the pro - posed Food and Beverage Service Industry Group, to apply to restaurants that are not more specifically described by another Food and Beverage Service Industry Group classification.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 325 ● Amend Classification 2003, Bakeries or Cracker Mfg., which is part of the Food Packaging and Processing Industry Group, for consistency with other proposed chang - es, to clarify the intended application and provide direction as to how related opera - tions should be classified. ● Amend Classification 2121, Breweries, which is part of the Food Packaging and Processing Industry Group, for clarity and consistency with other proposed changes and to provide direction as to how related operations should be classified. ● Amend Classification 2142(2), Distilling, which is part of the Food Packaging and Processing Industry Group, for consistency with other proposed changes and to provide direction as to how related operations should be classified. ● Amend Classification 6504, Food Products Mfg. or Processing, which is part of the Food Packaging and Processing Industry Group, for clarity and consistency with oth - er proposed changes, to clarify the intend - ed application and to provide direction as to how related operations should be classified. ● Amend Classification 2142(1), Wineries, which is part of the Food Packaging and Processing Industry Group, for consistency with other proposed changes and to provide direction as to how related operations should be classified. ● Amend Classification 8839, Dental or Orthodontia Practices, which is part of the Health and Human Services Industry Group, to limit an employee’s annual payroll and di- rect that the maximum payroll amount shall be prorated based upon the number of weeks in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 9043, Hospitals, which is part of Health and Human Services Industry Group, to limit an employee’s an - nual payroll and direct that the maximum payroll amount shall be prorated based upon the number of weeks in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 8834, Physician’s Practices and Outpatient Clinics, which is part of Health and Human Services Industry Group, to limit an employee’s annual payroll and direct that the maximum payroll amount shall be prorated based upon the number of weeks in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 9053(2), Health Clubs or Gyms, to include bar or tavern employ - ees for consistency with other proposed changes. ● Amend Classification 9016(3), Horse Shows or Rodeos — all employees other than sta - ble employees and employees engaged in the operation or maintenance of amusement de- vices, restaurants or retail stores, for con - sistency with other proposed changes. ● Amend Classification 9050, Hotels, Motels or Short–Term Residential Housing, for clarity and consistency with other proposed changes and to reference the corresponding proposed companion Classification 9058, Hotels, Motels or Short–Term Residential housing — food or beverage employees. ● Establish Classification 9058, Hotels, Motels or Short–Term Residential Housing — food or beverage employees, as a companion classification to apply to employees engaged exclusively in food or beverage operations in connection with hotel, motel or short–term residential housing operations assigned to Classification 9050, Hotel, Motel or Short– term Residential Housing. ● Amend Classification 8078(3), Ice Cream or Frozen Yogurt Shops, to be included as part of the proposed Food and Beverage Service Industry Group and provide direction as to how related operations should be classified. ● Establish a new cross–reference for Classification 8078(3), Ice Cream or Frozen Yogurt Shops, to be part of the proposed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Amend Classification 9033, Housing Authorities, which is part of the Municipal, State or Other Public Agencies Industry Group, to remove a footnote that is no lon - ger necessary for consistency with other proposed changes. ● Amend Classification 8838, Museums, to include the operation of bars or taverns for consistency with other proposed changes. ● Amend Classification 4297(1), Electronic Pre–Press, which is part of the Printing, Publishing and Duplicating Industry Group, to limit an employee’s annual payroll and di- rect that the maximum payroll amount shall be prorated based upon the number of weeks

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 326 in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 4297(2), Graphic Design, which is part of the Printing, Publishing and Duplicating Industry Group, to limit an employee’s annual payroll and di- rect that the maximum payroll amount shall be prorated based upon the number of weeks in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 8807, Newspaper, Magazine or Book Publishing, which is part of the Printing, Publishing and Duplicating Industry Group, to limit an employee’s an - nual payroll and direct that the maximum payroll amount shall be prorated based upon the number of weeks in the policy period when the policy is in force for less than a 12–month period. ● Amend Classification 9011(1), Apartment or Condominium Complex Operation — N.O.C. — not Homeowners Associations — all other employees, which is part of the Property Management/Operation Industry Group, to provide direction as to how relat - ed operations should be classified. ● Amend Classification 9007, Apartment or Condominium Complex Operation for Seniors — age restricted — not Congregate Living Facilities or Homeowners Associations — all other employees, which is part of the Property Management/Operation Industry Group, to provide direction as to how related operations should be classified. ● Amend Classification 9015(1), Building Operation — N.O.C. — all other employees, which is part of the Property Management/ Operation Industry Group, to provide direc - tion as to how related operations should be classified. ● Amend Classification 9011(2), Commercial and Residential Mixed–Use Building Operation — not Homeowners Associations — all other employees, which is part of the Property Management/Operation Industry Group, to provide direction as to how relat - ed operations should be classified. ● Amend Classification 9009, Commercial Properties — N.O.C. — all other employees, which is part of the Property Management/ Operation Industry Group, to provide direc - tion as to how related operations should be classified. ● Amend Classification 9010, Mobile Home Park Operation — all other employees, which is part of the Property Management/ Operation Industry Group, to provide direc - tion as to how related operations should be classified. ● Amend Classification 9066, Homeowners Associations and Housing Cooperatives, which is part of the Property Management/ Operation Industry Group, for clarity and consistency with other proposed changes. ● Establish a new cross–reference for Classification 9083, Restaurants — fast food or fast casual, to be part of the pro - posed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Establish a new cross–reference for Classification 9080, Restaurants — full ser - vice, to be part of the proposed Food and Beverage Service Industry Group, for con - sistency with other proposed changes. ● Establish a new cross–reference for Classification 9081(1), Restaurants — N.O.C., to be part of the proposed Food and Beverage Service Industry Group, for con - sistency with other proposed changes. ● Eliminate Classification 9079(1), Restaurants or Taverns, and reassign the operations described by this classifica - tion to Classifications 9081(1), Restaurants — N.O.C., 9058, Hotels, Motels or Short– Term Residential Housing — food or bev - erage employees, 9084, Bars or Taverns, 9083, Restaurants — fast food or fast ca - sual, 9080, Restaurants — full service, or 9082, Caterers, based on the operations performed. ● Amend Classification 8078(1), Sandwich Shops, to be included as part of the proposed Food and Beverage Service Industry Group, for clarity and consistency with other pro - posed changes and to provide direction as to how related operations should be classified. ● Establish a new cross–reference for Classification 8078(1), Sandwich Shops, to be part of the proposed Food and Beverage Service Industry Group, for consistency with other proposed changes. ● Amend Classification 9180(2), Shooting Clubs or Shooting Ranges, to provide direc- tion as to how related operations should be classified. ● Amend Classification 9092(3), Skating Centers, to include bar employees and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 327 provide direction as to how related opera - tions should be classified. ● Amend Classification 9184, Ski Resorts, for consistency with other proposed changes. ● Amend Classification 9054, Spas or Baths, to include bar or tavern employees for con - sistency with other proposed changes. ● Amend Classification 8017(1), Stores — re - tail, which is part of the Stores Industry Group, to remove the reference that prepa - ration or serving of hot foods shall be sepa - rately classified as the direction is already in- cluded in the Special Industry Classification Procedures for Stores. ● Amend Classification 9053(3), Swimming Pools or Swimming Clubs to include bar or tavern employees for consistency with other proposed changes. ● Amend Classification 9155, Theaters — mo- tion picture, to include bar operations and provide direction as to how related opera - tions should be classified. ● Amend

Section VIII, Abbreviated Classifications — Numeric Listing, for con- sistency with other proposed changes. CONTACT PERSON The name and telephone number of the agency rep - resentative and designated contact person are listed above under “WRITTEN COMMENT PERIOD.” A V AILABILITY STATEMENTS The Commissioner has prepared an Informative Di- gest included in this Notice that sets forth a

summary and the reasons for the proposed regulations. Upon request to the contact persons above, the text of the proposed regulations shall be made available for in - spection and copying. The file for this action, which includes a copy of the proposed regulations, the WCIRB’s filing, and any supplemental information, is contained in the Rulemaking File: REG–2023–00005 and is available for inspection and copying by prior appointment at 1901 Harrison Street, 6th Floor, Oakland, California 94612, between the hours of 9:00 A.M. and 5:00 P.M., Monday through Friday.

The express terms of the proposed regulations as contained in the WCIRB’s filing may also be viewed or downloaded from the Regulatory Filings

section of the WCIRB website: www.wcirb.com. INTERNET ACCESS Documents concerning these proposed regulations are available on the Department’s website at the fol - lowing link: www.insurance.ca.gov/0250–insurers/ 0500–legal–info/0200–regulations/proposed– regulations.cfm. APPROVAL OF REGULATIONS Following the time period to receive written com - ment, the Insurance Commissioner may approve reg - ulations substantially as described in this Notice and Informative Digest, or he may approve modified regu- lations or refuse to approve the regulations.

Notice of the Insurance Commissioner’s action will be sent to all persons who have requested notice of the Commis- sioner’s action. TITLE 14. DEPARTMENT OF CONSERVATION SELECTION OF PROFESSIONAL SERVICE FIRMS The California Department of Conservation (“De - partment”) proposes to amend Sections 1690 through 1698 of Title 14 of the California Code of Regulations after considering all comments, objections, and rec - ommendations regarding the proposed action. 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 authorized representative, may submit written comments rele - vant to the proposed regulatory action to the Depart - ment. Comments also may be submitted by email to Christine.Hansen@conservation.ca.gov. The written comment period closes at 5:00 p.m. on May 9, 2023.

The Department will consider only comments received by the Department by that time. Submit comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 328 Christine Hansen California Department of Conservation 715 P Street, MS 1900 Sacramento, CA 95814 Christine.Hansen@conservation.ca.gov Regarding A&E Rulemaking Comment AUTHORITY AND REFERENCE Government Code

section 4526 authorizes the De - partment to adopt these proposed amendments to the regulations. The proposed amendments would imple - ment sections 4525 through 4529.5 of the Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Effect of the Proposed Action: Government Code sections 4525–4529.5 govern a state agency’s process for selecting the professional services of private architectural, landscape architec - tural, engineering, environmental, land surveying, and construction management firms. Under Govern - ment Code

section 4526, state contracting for such services “shall be on the basis of demonstrated com - petence and on the professional qualifications neces - sary for the satisfactory performance of the services required.” Agencies that contract for the specified professional services “shall adopt” regulations detailing how the agency will ensure their contracts for the specified professional services are awarded based on “demon - strated competence and qualifications” and will be performed at “fair and reasonable prices.” (Govern - ment Code, § 4 526.) According to the State Contract- ing Manual (SCM), “an agency must have adopted regulations in order to utilize” the contract

section process for professional services firms. (SCM vol. 1,

Chapter 11.) 1 In 2000, the Department adopted “emergency” regulations for the selection of professional services firms.

The emergency regulations applied to one di - vision within the Department, the California Geolog - ic Energy Management Division (“CalGEM”), rather than the Department. 2 The Department, however, is the contracting entity, and the Department generally, as well as its several other divisions — the Division of Mine Reclamation, the California Geological Sur - vey, and the Division of Land Resource Protection — 1 The State Contracting Manual is the equivalent of regulations adopted by DGS, meaning it has the force of law. 2 At the time the regulations were adopted, CalGEM was named the Division of Oil, Gas, and Geothermal Resources. may have a need to hire professional services firms.

For this reason, the Department wishes to amend its regulations to change the word “Division” (referring to CalGEM) to “Department”, thus ensuring the regu- lations cover the entire Department. Anticipated Benefits of the Proposed Amendments: The broad objective of the amendments is to make the existing regulations adopted to implement Gov - ernment Code sections 4525–4529.5 applicable to the Department as a whole.

The specific benefits antic - ipated from the amendments are: (1) ensure the De - partment and its other divisions can timely utilize stat- utory selection process for the services of professional services firms, (2) promote consistency and efficiency in the Department’s contracting processes; and (3) reduce the likelihood that the Department’s contract - ing decisions for professional services firms will be subject to legal challenge for non–compliance with statute.

Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that the proposed amendments would not render the regulations incon - sistent or incompatible with existing regulations. The Department has determined that there is no need to change the substance of its original regulations — but rather simply expand their scope to the Department rather than one of its divisions. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None.

Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 329 Results of the Economic Impact Analysis/Assessment The Department concludes that it is unlikely (if not impossible) that (1) the proposal will eliminate any jobs, (2) the proposal will create any jobs, (3) the pro- posal will create any new business, (4) the proposal will eliminate any existing businesses, or (5) result in the expansion of businesses currently doing business within the state.

The Department believes the proposed amendment will benefit California residents and all stakeholders of California government by improving administra - tive efficiency and ensuring that the Department’s selection of professional services firms complies with the applicable statutes. Because the Department ad - ministers various programs vital to California’s pub - lic safety, environment, and economy, the proposed amendments will have indirect benefits to the health and welfare of California residents and the state’s en - vironment. The Department does not anticipate any benefits to worker safety.

Small Business Determination: The Department has determined that the proposed amendments affect small businesses, but only insofar as the amendments would ensure the Department generally is able to car - ry out a contracting process already mandated in stat - ute (and small businesses are potential contractors for the Department). The Department does not expect any adverse economic effects on small businesses. 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 agency would be more effective in car- rying out the purpose for which the action is proposed or would be as effective and less burdensome to affect- ed private persons than the proposed action or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other 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.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Christine Hansen California Department of Conservation 715 P Street, MS 1900 Sacramento, CA 95814 Christine.Hansen@conservation.ca.gov The backup contact person for these inquiries is: Matthew Kloenhamer California Department of Conservation 715 P Street, MS 1900 Sacramento, CA 95814 Matthew.Kloenhamer@conservation.ca.gov Please direct requests for copies of the proposed text of the amendment, the initial statement of reasons, and/or any other information relevant to the rulemak - ing to the above address.

A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATION, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the amendment, the initial state - ment of reasons, and the STD 399. Copies of this in - formation may be obtained by contacting the address, email address, or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time - ly and relevant comments received, the Department my adopt the proposed regulation substantially as de - scribed in this notice. If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulation as revised.

If substantive modifications are made, the Department will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the contact person identified above. A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations in underline and strikeout can be accessed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 12-Z 330 through the Department’s website at www.conserva- tion.ca.gov. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Re - habilitation (CDCR or Department), proposes to adopt new

Section 3270.4 into Title 15, Division 3,

Chapter 1, regarding the temporary installation of cameras in outside hospital rooms. PUBLIC HEARING Date and Time: May 10, 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 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins March 24, 2023 and closes on May 10, 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. CONTACT PERSONS Primary Contact Josh Jugum Telephone: (916) 445–2266 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Su n Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Tabor Ramsey Telephone: (916) 445–8282 Division of Adult Institutions 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