Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 47-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 25, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–1115–05 ........................................ 1403 AMENDMENT MULTI–COUNTY: Central California Alliance for Health ADOPTION MULTI–COUNTY: Springs Charter Schools TITLE 9.

DEPARTMENT OF REHABILITATION Vocational Rehabilitation Services Application — Notice File Number Z2022–1115–02 ....................... 1404 TITLE 9. DEPARTMENT OF REHABILITATION Preferred Method of Delivery for Appeal Documents — Notice File Number Z2022–1115–03 ................... 1406 TITLE 16.

CANNABIS CONTROL APPEALS PANEL Amendment to Improve Due Process by Instituting Automatic Stay — Notice File Number Z2022–1114–01 ............................................................................. 1409 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Cardoza Ranch Safe Harbor, Tracking Number 2089–2022–003–01, Siskiyou County ................................................ 1412 (Continued on next page)

OAL REGULATORY DETERMINATION DEP ARTMENT OF RESOURCES RECYCLING AND RECOVERY, DIVISION OF RECYCLING 2022 OAL DETERMINATION NUMBER 22022 OAL Determination Number 2 (OAL Matter Number CTU2022-0502-01) concerning Petition Challenging Various Provisions within the “Precertification Training Manual for Recycling Center and Processor Applicants (2017)” issued by the Department of Resources Recycling and Recovery, Division of Recycling ........................................................ 1412

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1416 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1403 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Central California Alliance for Health ADOPTION MULTI–COUNTY: Springs Charter Schools A written comment period has been established commencing on November 25, 2022 and closing on January 9, 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 code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), 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 code(

s) to the agency for revision and re–submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than January 9, 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 code(

s) 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 2022, VOLUME NUMBER 47-Z 1404 A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 9.

DEPARTMENT OF REHABILITATION VOCATIONAL REHABILITATION SERVICES APPLICATION The California Department of Rehabilitation (here - inafter “Department”) proposes to adopt the proposed regulations described below after considering all com- ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Department will hold a virtual public hearing on this proposed action starting at 9:00 a.m. on Janu - ary 13, 2023, via Zoom meeting. At the meeting, any person may present statements or arguments, orally or in writing, relevant to the proposed action.

The Board respectfully requests that any person who makes an oral comment also submit a written copy of their com- ment, as well. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall Sacramento, California 95814 Comments may also be submitted by email to Legal@dor.ca.gov. The written comment period closes at 5:00 p.m. on January 17, 2023.

The Department will consider only comments received at the Department by that time. The Department respectfully requests that persons submitting comments include reference to the regu - lation

section commented on. For example, “My com- ment is in relation to

Section 7041.” AUTHORITY Welfare and Institutions Code sections 19006 and 19016 authorize the Department to adopt these pro - posed regulations. REFERENCE The proposed regulations implement, interpret, and make specific the following federal and state laws and regulations: 29 United States Code sections 701, 705, 721, 722, 723, and 3151; 5 United Sates Code

section 552a; 42 United States Code

section 290dd–2; 34 Code of Federal Regulations sections 361.5, 361.36, 361.37, 361.38, 361.41, 361.42, 361.43, 361.44, 361.45, 361.46, 361.47, 361.48, 361.52, 361.53, 361.55, and 361.57; 42 Code of Federal Regulations sections 2.33, 2.51, 2.52, 2.61, and 2.63; Civil Code sections 1798 and 1798.14– 1798.23; Welfare and Institutions Code sections 19011 and 19102. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW This rulemaking action modifies how individuals apply for vocational rehabilitation services from the Department.

The Department’s current regulations al- low individuals interested in vocational rehabilitation services to apply in one of three ways: (1) complet - ing and signing a DR 222 Vocational Rehabilitation Services Application, (2) completing and signing a common intake application from the one–stop cen - ter requesting vocational rehabilitation services, or (3) otherwise requesting vocational rehabilitation services from the Department. With an increasingly technological population, many individuals are choos- ing to apply for vocational rehabilitation services via a newly developed online portal.

However, regardless of how individuals apply for vocational rehabilitation services, the Department’s current regulations require every individual to complete and sign a DR 222 Vo - cational Rehabilitation Services Application even if they did not utilize that method of application. This rulemaking action deletes this unnecessary, paper– based requirement. This rulemaking action modifies the information an individual must provide to apply for vocational reha - bilitation services.

The Department’s current applica - tion, the DR 222 Vocational Rehabilitation Services Application, requires individuals to provide informa - tion that is not required for the Department to deter - mine the individual’s eligibility. The proposed amend- ments will also delete the reference to the DR 222 Vocational Rehabilitation Services Application and instead identify the minimum information an individ -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1405 ual must provide to apply for vocational rehabilitation services. This rulemaking action will also make conforming changes to align with changes in federal law and regu- lation made by the Workforce Innovation and Oppor - tunity Act (hereinafter “WIOA”) (Pub. L. No. 113–128 (July 22, 2014)) and implementing regulations. Lastly, this rulemaking action will add gender– neutral language.

Anticipated Benefits of the Proposed Regulation The broad objective of the regulations is to increase openness and promote transparency for individuals who wish to apply for vocational rehabilitation ser - vices. The proposed regulations will also remove un - necessary, duplicative processes for individuals who choose to apply using the online portal or using an - other method. The proposed regulations will align the Department’s regulatory text with federal law and reg- ulations and will utilize gender–neutral language.

Determination of Inconsistency and Incompatibility with Existing State Regulations The Department has determined that the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulation that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the DR 222 Vocational Reha- bilitation Services Application.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: ● Mandate imposed on local agencies or school dis- tricts: None. ● Costs to any local agency or school district re - quiring reimbursement pursuant to Government Code

section 17500 et seq.: None. ● Cost or savings to any state agency: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. ● Significant effect on housing costs: None. ● Significant statewide adverse economic impact directly affecting businesses, including ability to compete: None.

Results of the Economic Impact Analysis or Assessment The Department concludes that it is: (1) unlikely that the proposed regulations will create or eliminate jobs within California, (2) unlikely that the proposed regu- lations will create new businesses or eliminate exist - ing businesses within California, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business with the State.

Benefits of the Proposed Action: The proposed reg- ulations will increase openness and promote transpar - ency for individuals who wish to apply for vocational rehabilitation services, therefore positively impacting the health and welfare of California residents. The state’s environment will benefit from reduced paper - work but there is no anticipated effect to workers’ safety. Costs Impacts on Representative Person or Business The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Small Business Determination The Department has determined that these pro - posed regulations will not affect small businesses, as the regulations relate only to the application form and information an individual must provide to apply for vocational rehabilitation services at the Department. Small businesses are not involved in the Department’s application process. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other - wise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, 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 the law.

The Department invites interested people to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period. DISABILITY ACCOMMODATION STATEMENT The Department shall provide, upon request, a nar - rative description of the proposed changes included in the proposed action, in the manner provided by Gov - ernment Code

section 11346.6, to accommodate a per- son with a visual or other disability for which effective communication is required under state or federal law. Providing the description of proposed changes may re- quire extending the period of public comment on the proposed action for the requesting party.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1406 CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558–5825 Email: Legal@dor.ca.gov The backup contact person for these inquiries is: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Elizabeth Colegrove, Attorney III 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558–5825 Email: Legal@dor.ca.gov Please direct requests for copies of the Proposed Text of the Regulations, Proposed Text of the Regu - lations with Word Cues, Initial Statement of Reasons, Modified Proposed Text of Regulations, if any, or oth- er information upon which the rulemaking is based to Michele Welz at the address above.

These documents are also available on the Department’s website at https://www.dor.ca.gov/Home/ProposedRulemaking andRegs. The Department will also provide copies of the regulation proposal in large print, braille, audio - tape, or compact disk, or transmit copies of the regula- tion proposal electronically, upon request.

A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address by appointment and on its website at https://www.dor. ca.gov/Home/ProposedRulemakingandRegs. As of the date this notice is published in the Notice Regis - ter, the rulemaking file consists of this Notice of Pro - posed Rulemaking, Proposed Text of the Regulations, and Initial Statement of Reasons.

The Proposed Text of Regulations with Word Cues, indicating strikeout and underline, is also available in the rulemaking file and on the Department’s website. To request copies or make an appointment to inspect the rulemaking file at the Department’s office, please contact Michele Welz at the address, email, or phone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing, if requested, and con - sidering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice.

If the De - partment makes modifications sufficiently related to the originally proposed text, it will make the modi - fied text (with the changes clearly indicated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Michele Welz at the address or email indicated above. The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they were 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 Michele Welz at the address or email above. The Final State - ment of Reasons will also be available on the De - partment’s website at https://www.dor.ca.gov/Home/ ProposedRulemakingandRegs.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Proposed Text of the Regulations with underline and strikeout, Proposed Text of Regulations with Word Cues indicating strikeout and underline, and Initial Statement of Reasons are available on the Depart - ment’s website at https://www.dor.ca.gov/Home/ ProposedRulemakingandRegs. TITLE 9.

DEPARTMENT OF REHABILITATION PREFERRED METHOD OF DELIVERY FOR APPEAL DOCUMENTS The California Department of Rehabilitation (here - inafter “Department”) proposes to adopt the proposed regulations described below after considering all com- ments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Department will hold a virtual public hearing on this proposed action starting at 9:00 a.m. on Janu -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1407 ary 13, 2023, via Zoom meeting. At the meeting, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board respectfully requests that any person who makes an oral comment also submit a written copy of their com- ment, as well.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall Sacramento, California 95814 Comments may also be submitted by facsimile to (916) 558–5806 or email to Legal@dor.ca.gov. The written comment period closes at 5:00 p.m. on January 17, 2023. The Department will consider only comments received at the Department by that time.

The Department respectfully requests that any person submitting comments include reference to the regula - tion

section commented on. For example, “My com - ment is in relation to

Section 7352.” AUTHORITY Welfare and Institutions Code sections 19006 and 19016 authorize the Department to adopt these pro - posed regulations. REFERENCE The proposed regulations implement, interpret, and make specific the following federal and state laws and regulations: 29 United States Code

section 722(c); 34 Code of Federal Regulations

section 361.57; Welfare and Institutions Code sections 19013.5, 19704, and 19705. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW This rulemaking action modifies how the Depart - ment transmits documents to individuals involved in the administrative review, mediation, and fair hearing processes. The Department’s current regulations allow indi - viduals involved in the administrative review, medi - ation, and fair hearing process to identify a preferred method of communication to receive documents re - lated to their appeal.

However, if an individual does not identify a preferred method of communication, the Department’s regulations identify mail as the default delivery standard for all documents related to the ad - ministrative review, mediation, and fair hearing pro - cess. Further, the Department’s current regulations require three documents in the administrative review, mediation, and fair hearing process to be sent by cer - tified mail.

The Department and its contractor for the mediation and fair hearing process currently transmit documents by both mail or certified mail, depend - ing on the document, and electronically if an email address is provided. As most individuals provide an email address, this regulation unnecessarily creates duplicative transmission of documents and does not increase access to the documents.

The regulations proposed in this rulemaking ac - tion would change the default delivery standard to electronic for all documents related to the adminis - trative review, mediation, and fair hearing process if the individual does not identify a preferred method of communication. The proposed amendments will also remove the requirement to send any documents by certified mail; instead, the documents will be sent in the individual’s preferred method of communication or electronically if the individual does not identify a preferred method of delivery.

If preferred, an individ - ual may select certified mail as their preferred method of delivery. Anticipated Benefits of the Proposed Regulation The broad objective of the regulations is to provide individuals timely and more individualized access and reduce unnecessary and duplicative transmission of documents in the administrative review, media - tion, and fair hearing process. The specific benefits include increased openness, transparency, and active participation of individuals participating in the ad - ministrative review, mediation, and fair hearing pro - cesses.

By transmitting documents to individuals in their preferred mode of communication, individuals will be more likely to anticipate the arrival of these documents and will reduce the unnecessary duplica - tive transmission of documents. Identifying electronic communication as the standard mode of communica - tion will allow individuals to receive important case– related documents in a timely manner and wherever they establish access to the Internet.

Determination of Inconsistency and Incompatibility with Existing State Regulations The Department has determined that the proposed regulations are not inconsistent or incompatible with existing regulations. After conducting a review for any regulation that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the method of delivery for documents in the Department’s administrative review, mediation, and fair hearing process.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1408 DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: ● Mandate imposed on local agencies or school dis- tricts: None. ● Costs to any local agency or school district re - quiring reimbursement pursuant to Government Code

section 17500 et seq.: None. ● Cost or savings to any state agency: $301.57 esti- mated savings per State Fiscal Year. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: $185.93 estimated savings per State Fiscal Year. ● Significant effect on housing costs: None. ● Significant statewide adverse economic impact directly affecting businesses, including ability to compete: None.

Results of the Economic Impact Analysis or Assessment The Department concludes that it is: (1) unlikely that the proposed regulations will create or eliminate jobs within California, (2) unlikely that the proposed regu- lations will create new businesses or eliminate exist - ing businesses within California, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business with the State.

Benefits of the Proposed Action: The proposed reg- ulation will benefit California residents who file an ad- ministrative review, mediation, or fair hearing request with the Department by increasing timely and more tailored access for individuals to documents involved in the administrative review, mediation, and fair hear- ing process. The proposed regulation will also benefit the environment as fewer documents will be printed and sent by mail or certified mail, reducing the use of paper and resources to deliver the documents. There are no anticipated effects on worker safety.

Costs Impacts on Representative Person or Business The Department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination The Department has determined that these pro - posed regulations will not affect small businesses, as the regulations relate only to documents provided from the Department to an individual citizen related to the administrative review, mediation, and fair hear- ing process.

Small businesses are not involved in the Department’s administrative review, mediation, and fair hearing process. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other - wise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, 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 the law.

The Department invites interested people to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period. DISABILITY ACCOMMODATION STATEMENT The Department shall provide, upon request, a nar - rative description of the proposed changes included in the proposed action, in the manner provided by Gov - ernment Code

section 11346.6, to accommodate a per- son with a visual or other disability for which effective communication is required under state or federal law. Providing the description of proposed changes may re- quire extending the period of public comment on the proposed action for the requesting party.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Michele Welz, Regulations Analyst 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558–5825 Facsimile: (916) 558–5806 Email: Legal@dor.ca.gov The backup contact person for these inquiries is: Department of Rehabilitation Office of Legal Affairs and Regulations Attention: Elizabeth Colegrove, Attorney III 721 Capitol Mall Sacramento, California 95814 Telephone: (916) 558–5825 Facsimile: (916) 558–5806 Email: Legal@dor.ca.gov Please direct requests for copies of the Proposed Text of the Regulations, Proposed Text of the Regu -

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1409 lations with Word Cues, Initial Statement of Reasons, Modified Proposed Text of Regulations, if any, or oth- er information upon which the rulemaking is based to Michele Welz at the address above. These documents are also available on the Department’s website at https://www.dor.ca.gov/Home/ProposedRulemaking andRegs. The Department will also provide copies of the regulation proposal in large print, braille, audio - tape, or compact disk, or transmit copies of the regula- tion proposal electronically, upon request.

A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address by appointment and on its website at https://www.dor. ca.gov/Home/ProposedRulemakingandRegs. As of the date this notice is published in the Notice Regis - ter, the rulemaking file consists of this Notice of Pro - posed Rulemaking, Proposed Text of the Regulations, and Initial Statement of Reasons.

The Proposed Text of Regulations with Word Cues, indicating strikeout and underline, is also available in the rulemaking file and on the Department’s website. To request copies or make an appointment to inspect the rulemaking file at the Department’s office, please contact Michele Welz at the address, email, or phone number listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing, if requested, and con - sidering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice.

If the De - partment makes modifications sufficiently related to the originally proposed text, it will make the modi - fied text (with the changes clearly indicated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Michele Welz at the address or email indicated above. The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they were 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 Michele Welz at the address or email above. The Final State - ment of Reasons will also be available on the De - partment’s website at https://www.dor.ca.gov/Home/ ProposedRulemakingandRegs.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, Proposed Text of the Regulations with underline and strikeout, Proposed Text of Regulations with Word Cues indicating strikeout and underline, and Initial Statement of Reasons are available on the Depart - ment’s website at https://www.dor.ca.gov/Home/ ProposedRulemakingandRegs. TITLE 16.

CANNABIS CONTROL APPEALS PANEL AMENDMENT TO IMPROVE DUE PROCESS BY INSTITUTING AUTOMATIC STAY The Cannabis Control Appeals Panel (the “Panel”) proposes to amend the regulation described below af - ter considering all comments, objections, and recom - mendations regarding the proposed action. SECTIONS AFFECTED Title 16, Division 43, California Code of Regula - tions,

section 6014. PUBLIC HEARING The Panel will hold a public hearing starting at 1:30 p.m. on Thursday, February 9, at 400 R Street, Suite 330, Sacramento, CA 95811. At the hearing, any per - son may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing also submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action to the Panel at the address- es below. Written comments, including those sent by postal mail or email to the addresses listed below, must be received by the Panel at its office no later than 1:30 p.m. on Thursday, February 9. The Panel will consider only comments received by that time. Submit comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1410 Christopher Phillips, Chief Counsel Cannabis Control Appeals Panel 400 R Street Suite 320 Sacramento, CA 95811 Email: Christopher.Phillips@ccap.ca.gov AUTHORITY AND REFERENCE Business and Professions Code

section 26042 autho- rizes the Panel to adopt procedures for administrative appeals from cannabis licensing decisions from the Department of Cannabis Control (the “Department”). The proposed amendment implements, interprets, and makes specific sections 26042 and 26043 of the Busi- ness and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action amends the regulatory lan - guage to automatically stay the effect of an underlying adverse administrative action pending resolution of an appeal before the Panel.

The stay will go into effect as soon as the licensee files an appeal before the Panel. The amendment will also provide a means by which the Department may move to deny the stay in individ- ual cases when necessary to protect the health, safety, and welfare of the public. The Panel is a quasi–judicial administrative body au- thorized to hear appeals from cannabis licensing deci- sions. The scope of the Panel’s jurisdiction is provided by Business and Professions Code (Bus. & Prof. Code)

section 26043. Additionally, Business and Professions Code

section 26042 requires that the Panel shall adopt procedures for appeals similar to the procedures used by its sister agency, the Alcoholic Beverage Control Appeals Board (the “ABC Appeals Board”).

By statute, alcoholic beverage licensees filing an ap- peal before the ABC Appeals Board are automatical - ly granted a stay of the effect of any adverse decision pending resolution of their appeal: “No decision of the department [of Alcoholic Beverage Control] shall be - come effective during the period in which an appeal may be filed and the filing of an appeal shall stay the effect of the decision until such time as a final order is made by the [ABC Appeals] board.” (Business & Professions Code, § 23082.) The proposed regulatory amendments aim to bring the Panel’s regulations in line with these provisions of law.

At present, the Panel’s rule 6014 does not grant an automatic stay. Instead, the rule places the burden on the appellant, requiring that they file a motion to grant a stay concurrent with the appeal. Moreover, it limits the Panel’s ability to grant a stay by imposing a strict framework that requires the appellant to demonstrate (1) a substantial likelihood of success in the appeal, (2) immediate and irreparable harm if the stay is not granted, and (3) the stay is not detrimental to the health and welfare of the public.

The proposed amendment therefore revises the reg - ulatory language to automatically stay the effect of an underlying adverse administrative action pending res- olution of an appeal before the Panel as well as provide a means by which the Department may move to deny the stay in individual cases when necessary to protect the health, safety, and welfare of the public. The broad objective of these amendments is to im - prove administrative due process for cannabis licens - ees, without risk of harm to the public. FORMS INCORPORATED BY REFERENCE None.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The proposed amendments will benefit cannabis licensees by ensuring due process and meaningful appeal rights following an adverse decision of the De- partment. A stay of disciplinary action pending appeal before the Panel will ensure that appellants do not lose income, goodwill, or other benefits of a cannabis li - cense to the denial of a license renewal, or to a disci - plinary penalty such as suspension or revocation, until they have had the opportunity to appeal the underlying decision.

Additionally, the proposed amendments will protect the public from especially egregious violators by allowing the Department to demonstrate via mo - tion that the stay would present an immediate danger to the health, safety, and welfare of the public. Finally, the proposed amendments will bring the Panel’s pro - cedures in line with those of the ABC Appeals Board, as required by statute. CONSISTENCY EVALUATION The Panel has determined that these proposed amendments are not inconsistent or incompatible with existing regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Panel 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1411 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 Panel is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Statewide adverse economic impact directly affect - ing businesses and individuals: None. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Panel concludes that the proposed amendments will not: (1) create or eliminate jobs in California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of busi - nesses currently doing business within California.

Benefits of Proposed Action to the Health and Wel- fare of California Residents, Worker Safety, and the State’s Environment: The amendment will have no ef- fect on the health and welfare of California residents, worker safety or the State’s environment as the De - partment of Cannabis Control will have the ability to overcome the automatic stay and preserve the status quo.

Effect on small businesses: The Panel has deter - mined that the proposed amendments affect small businesses only to the extent that they are annual licensees seeking an appeal after an adverse final de - termination has been made by the Department of Can- nabis Control. To that extent, those small businesses will benefit by enhanced due process. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Panel invites interested persons to present statements with respect to alternatives to the proposed amendments during the written comment period or, as needed, at the scheduled hearing. CONTACT PERSON Christopher Phillips, Chief Counsel Cannabis Control Appeals Panel 400 R Street Suite 320 Sacramento, CA 95811 Telephone: (916) 322–6874 Email: Christopher.Phillips@ccap.ca.gov The backup contact person for these inquiries is: Sarah M.

Smith, Senior Staff Attorney Cannabis Control Appeals Panel 400 R Street Suite 320 Sacramento, CA 95811 Telephone: (916) 322–6917 Email: Sarah.Smith@ccap.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Panel 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 regulation, and the initial statement of reasons.

Copies may be obtained by con- tacting Christopher Phillips, or the alternative contact person, at the address, phone number, or email address listed above. A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the Panel may adopt the proposed regulation as described in this notice. If the Panel makes modi - fications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Panel adopts the regulation as revised.

Please send requests for copies of any modi - fied regulations to Christopher Phillips at the address or email address listed above. The Panel will accept written comments on the modified regulation 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 Christopher Phillips at the address or email address listed above.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1412 A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through the Panel’s website at https://www.ccap.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR CARDOZA RANCH SAFE HARBOR 2089–2022–003–01 SISKIYOU COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on November 14, 2022, that Cardoza Ranch (Landowner) proposes to rely on a fed- eral safe harbor agreement to carry out a project that may provide a net conservation benefit for the South - ern Oregon Northern California Coast (SONCC) coho salmon evolutionarily significant unit (ESU) ( Onco- rhynchus kisutch), a species protected by the Califor - nia Endangered Species Act.

The proposed project involves routine agricultural activities implemented according to avoidance and minimization measures, as well as beneficial management actions such as in - creased water delivery and habitat improvements in - tended to provide conservation benefits to the SONCC coho salmon ESU in the Shasta River. The proposed project will occur on two parcels totaling 497 acres in central Siskiyou County, California. The notice requested a CDFW determination pur - suant to California Fish and Game Code

Section 2089.22, that the template safe harbor agreement dat - ed February 24, 2021, the Site Plan Agreement dated February 24, 2021 and the enhancement of survival permit number 23278 issued by the National Marine Fisheries Service to the Landowner on February 24, 2021, are consistent with the California State Safe Harbor Agreement Program Act (CSSHAPA) for pur- poses of the proposed Project. If CDFW determines the federal safe harbor agreement is consistent with CSSHAPA for the proposed Project, the Landowner will not be required to obtain a California state safe harbor agreement under Fish and Game Code

section 2089 for the Project. OAL REGULATORY DETERMINATION DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY OFFICE OF ADMINISTRATIVE LAW DETERMINATION OF ALLEGED UNDERGROUND REGULATIONS (Pursuant to Government Code

Section 11340.5 and Title 1,

section 270, of the California Code of Regulations) 2022 OAL DETERMINATION NUMBER 2 (OAL MATTER NUMBER CTU2022–0502–01) REQUESTED BY: Leonard Lang CONCERNING: Petition Challenging as Underground Regulations Various Provisions within the “Precertification Training Manual for Recycling Center and Processor Applicants (2017)” issued by the Department of Resources Recycling and Recovery, Division of Recycling DETERMINATION ISSUED PURSUANT TO GOVERNMENT CODE

SECTION 11340.5 SCOPE OF REVIEW A determination by the Office of Administrative Law (OAL) evaluates whether or not an action by a state agency complies with California administrative law governing how state agencies adopt regulations. Nothing in this analysis evaluates the advisability or the wisdom of the underlying action. OAL ’s review is limited to the sole issue of whether the challenged rule meets the definition of “regulation” as defined in Government Code

section 11342.600 and is subject to the Administrative Procedure Act (APA). If a rule meets the definition of “regulation,” but was not ad - opted pursuant to the APA and should have been, it is

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1413 an “underground regulation” as defined in California Code of Regulations (CCR), title 1,

section 250.1 CHALLENGED RULES The document issued by the Department of Re - sources Recycling and Recovery, Division of Recy - cling, Recycler Education and Examination Unit (Cal Recycle) entitled, “Precertification Training Manu- al for Recycling Center and Processor Applicants” (PTM), dated July 1, 2017, contains the following sev- en Challenged Rules: 1. U nder “Inspection Process” on page 20: “An el - igible beverage container has all of the follow - ing characteristics: [...] Contamination, if any, has been removed[.]” 2.

U nder “Ineligible Material — Out–of–State Vehicles” on page 21: “If a customer in a vehicle with out–of–state license plates presents a load of beverage containers for redemption, you should determine if the beverages were purchased in California.” 3. U nder “Ineligible Material — Out–of–State Materials” on page 22: “Recycling centers may not accept empty beverage containers that they know, or should have known, were brought in California; regardless of whether or not they car - ry the CRV message and regardless of whether or not the vehicle in which they are delivered has a California license plate.” 4.

U nder “Ineligible Material — Previously Baled” on page 22: “Previously baled containers have been baled by a baling machine, and then broken apart. If a consumer presents a load for redemp - tion with pieces of baled material mixed in, you may not pay CRV. It is likely the previously baled material was already presented for CRV payment in the program.” 5. U nder “Record Types — Logs” on page 26: “When you use a log, write down what kind of material you have purchased, the basis, the weight (or count), as well as the amount you paid. Your customers will need to print and sign their names.

The names must be legible for recordkeeping to be in compliance.” 6. U nder “Calculating Shrinkage” on page 27: “If a load is contaminated, the recycling center or 1 As defined by title 1,

section 250(a), an “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general ap - plication, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in

Section 11342.600 of the Government Code, but has not been adopt- ed as a regulation and filed with the Secretary of State pur - suant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA. consumer should attempt to remove any visible debris.” 7. U nder “Fraud Prevention” on page 30, various provisions that include the word “consumer.” DETERMINATION OAL determines that Challenged Rule No. 1 meets the definition of a “regulation” that should have been adopted pursuant to the APA but was not, and is there- fore an underground regulation.

OAL further deter - mines that Challenged Rule Nos. 2 through 7 do not further implement or interpret existing law and, there- fore, are not underground regulations. FACTUAL BACKGROUND On May 2, 2022, OAL received a petition from Leonard Lang (Petitioner) requesting a determination as to whether the document issued by the Department of Resources Recycling and Recovery, Division of Recycling, Recycler Education and Examination Unit (CalRecycle) entitled, “Precertification Training Man- ual for Recycling Center and Processor Applicants” (PTM), dated July 1, 2017, constitutes an underground regulation.

On June 30, 2022, OAL accepted for consideration seven of the eight allegations contained in the petition (Allegation Nos. 4a through 4g). A

summary of the petition was published in the California Regulatory Notice Register on July 15, 2022, and solicited com - ments from the public until August 15, 2022. Petition- er notified OAL of an error in the

summary on July 20, 2022, and OAL published a corrected

summary in the California Regulatory Notice Register on July 29, 2022. OAL did not receive any comments from the public. OAL received a response from CalRecycle (Re - sponse) on the response due date of August 29, 2022. Petitioner’s rebuttal to the Response, if desired, was due no later than September 13, 2022. OAL did not receive a rebuttal from Petitioner. UNDERGROUND REGULATIONS Government Code

section 11340.5, subdivision (a), provides that: No state agency shall issue, utilize, enforce, or at - tempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general appli - cation, or other rule, which is a regulation as defined in [Government Code]

Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, or - der, standard of general application, or other rule has been adopted as a regulation and filed with the Secre - tary of State pursuant to [the APA].

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1414 When an agency issues, utilizes, enforces, or at - tempts to enforce a rule in violation of Government Code

section 11340.5, and the rule is not exempt from the APA, it creates an underground regulation as de - fined in title 1, CCR,

section 250. OAL may issue a determination as to whether or not an agency has issued, utilized, enforced, or at - tempted to enforce a rule that meets the definition of “regulation” as defined in Government Code

section 11342.600 and should have been adopted pursuant to the APA (Gov. Code

sec. 11340(b)). An OAL determi- nation is not enforceable against the agency through any formal administrative means, but it is entitled to “due deference” in any subsequent litigation of the is- sue pursuant to Grier v. Kizer (1990) 219 Cal.App.3d 422 [268 Cal.Rptr. 244]. OAL ’s authority to issue a determination extends only to the limited question of whether the challenged rules are “regulations” subject to the APA. This anal - ysis will determine (1) whether the challenged rules are “regulations” within the meaning of Government Code

section 11342.600, and (2) whether the chal - lenged rules fall within any recognized exemption from APA requirements. A regulation is defined in Government Code

section 11342.600 as: . . . every rule, regulation, order, or standard of general application or the amendment, supple - ment, or revision of any rule, regulation, order, or standard adopted by any state agency to imple- ment, interpret, or make specific the law enforced or administered by it, or to govern its procedure. In Tidewater Marine Western, Inc. v. Victoria Brad- shaw ( 1 996) 1 4 Cal.4 th 557, 571 [59 Cal.Rptr.2d 186], the California Supreme Court found that: A regulation subject to the Administrative Procedure Act (APA) (Gov. Code, § 1 1340 et seq.) has two principal identifying character - istics.

First, the agency must intend its rule to apply generally, rather than in a specific case. The rule need not, however, apply universal - ly; a rule applies generally so long as it declares how a certain class of cases will be decided. Second, the rule must implement, interpret, or make specific the law enforced or administered by the agency, or govern the agency’s procedure (Gov. Code, § 11342, subd. (g)). 2 As stated in Tidewater, the first element used to identify a “regulation” is whether the rule applies gen- erally. As Tidewater points out, a rule need not apply to all persons in the state of California.

It is sufficient if the rule applies to a clearly defined class of persons 2

Section 11342(

g) was re–numbered in 2000 to

section 11342.600 without substantive change. or situations. 3 The second element used to identify a “regulation” as stated in Tidewater is that the rule must implement, interpret or make specific the law enforced or administered by the agency, or govern the agency’s procedure. The final issue to examine is whether the challenged rule falls within an express statutory exemption from the APA. Exemptions from the APA can be general exemptions that apply to all state rulemaking agencies. Exemptions may also be specific to a particular rulemaking agency or a spe - cific program. Pursuant to Government Code

section 11346, the procedural requirements established in the APA “shall not be superseded or modified by any sub- sequent legislation except to the extent that the legisla- tion shall do so expressly.” (Emphasis added.) A NA LYSIS The PTM applies to all new and renewal applicants for certification to operate a recycling center or pro - cessing facility (Cal. Code Regs., title 14, § 2 010(a).) Thus, OAL finds the seven Challenged Rules within the PTM to apply generally and satisfy the first ele - ment of Tidewater.

The following discussion analyzes each of the Challenged Rules to determine whether the second Tidewater element is met and, if so, wheth- er an APA exemption applies. 1.

C hallenged Rule No. 1 Challenged Rule No. 1 provides: A n eligible beverage container has all of the fol - lowing characteristics: [...] Contamination, if any, has been removed [.] (PTM, page 20.) [Emphasis added.] OAL was unable to locate, and the Response did not cite to, any existing statute or regulation express - ly requiring empty beverage containers to be con - tamination–free as a prerequisite to acceptance for redemption by a recycling center operator. Instead, the Response cited to existing law providing that re - fund payments will not be made for contamination such as dirt and moisture (Cal.

Code Regs., title 14, § 2 500(e)(2)(B), Figure 9) and that operators have the options of rejecting contaminated beverage containers outright or accepting contaminated empty beverage containers and reducing the per–pound refund value based on the level of contamination (i.e., the estimated added weight of the contaminants) (Cal Code Regs., title 14, § 2 525(e)). Challenged Rule No. 1 is incon - sistent with and restricts existing law allowing opera- tors to accept contaminated containers, and therefore satisfies the second element of Tidewater.

Because there is no express statutory exemption from the APA, OAL finds Challenged Rule No. 1 to be a regulation 3 See also Roth v. Department of Veterans Affairs , (1980) 110 Cal.App.3d 14, 19; 167 Cal.Rptr. 552, 557.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1415 that should have been adopted pursuant to the APA. Therefore, Challenged Rule No. 1 is an underground regulation. 2.

C hallenged Rule No. 2 Challenged Rule No. 2 provides: I f a customer in a vehicle with out–of–state li - cense plates presents a load of beverage contain - ers for redemption, you should determine if the beverages were purchased in California. (PTM, page 21.) The PTM provision simply advises that recycling center operators “should” determine whether contain - ers delivered in a vehicle with out–of–state license plates are eligible for redemption. In fact, operators must make that determination for every load, regard - less of the delivery vehicle’s origin, under existing law.

The Public Resources Code provides that a cer - tified recycling center shall not pay any refund value for any empty beverage containers or other containers that they knew, or should have known, were coming from outside California. (Public Resources Code, § 1 4538(d)(5).) CalRecycle’s duly adopted regulations in CCR, title 14 further provide that no person certi - fied by CalRecycle to operate any recycling program shall take delivery of any empty beverage container material that they know, or should know, was import - ed into California. (Cal.

Code Regs., title 14, § 2 831.3.) OAL finds this PTM provision to be merely infor - mational in nature and consistent with, rather than a further implementation or expansion of, existing law. Therefore, Challenged Rule No. 2 fails to satisfy the second element of Tidewater and is not an under - ground regulation. 3.

C hallenged Rule No. 3 Challenged Rule No. 3 provides: R ecycling centers may not accept empty bever - age containers that they know, or should have known, were brought into California; regardless of whether or not they carry the CRV message and regardless of whether or not the vehicle in which they are delivered has a California license plate. (PTM, page 22.) The Public Resources Code provides that a certi - fied recycling center shall not pay any refund value for any empty beverage containers or other contain - ers that they knew, or should have known, were com - ing from outside California. (Public Resources Code, § 1 4538(d)(5).) Additionally, existing CalRecycle reg - ulations state that recyclable material imported into California is ineligible for refund value and other re - cycling program payments regardless of whether the material is labeled with the CRV message required by Public Resources Code

section 14561(a). (Cal. Code Regs., title 14, § 2 831.2.) This PTM provision does not further implement, interpret, or make specific exist - ing law; thus, Challenged Rule No. 3 fails to satisfy the second element of Tidewater and is not an under - ground regulation. 4. C hallenged Rule No. 4 Challenged Rule No. 4 provides: P reviously baled containers have been baled by a baling machine, and then broken apart. If a con - sumer presents a load for redemption with piec - es of baled material mixed in, you may not pay CRV. It is likely the previously baled material was already presented for CRV payment in the pro - gram. (PTM, page 22.) CCR, title 14,

section 2501 was duly adopted 4 by CalRecycle and provides, in relevant part: (

a) C ertified recycling centers shall inspect each load of containers, subject to the Act, delivered to the recycling center, for which refund value is claimed, to determine whether the load is eligible for any refund value [....] (

b) I n addition to the requirements of

section 2110 of these regulations, a load of material shall be deemed not eligible for any refund value if any one of the following conditions exist: ( 1) T here are pieces of broken, densified bales or biscuits of aluminum beverage con- tainers within the load. This does not include cans which have merely been flattened. ( 2) P ieces of bales of plastic are found in the load. OAL finds that the PTM provision above is the only legally tenable

interpretation of CCR, title 14, sec - tion 2501(b)(1)–(2)5. Consumers redeem recyclable material at recycling centers in exchange for CRV, then recycling center operators sell that redeemed material to “processors” (Cal. Code Regs., title 14, § 2000(a)(35)). Processors are responsible for “cancel- lation” (i.e., removing the refund value by, inter alia, “densification”) of that material. (Cal. Code Regs., title 14, § 2 000(a)(4), (16).) No person may subsequently re - deem cancelled material at a recycling center for CRV (Cal.

Code Regs., title 14, § 2 110(a)); further, a person who intentionally redeems containers that have al - ready been redeemed or returns redeemed containers to the marketplace for further redemption is guilty of a crime. (Public Resources Code § 1 4591(b)(1)(D), (E).) CCR, title 14,

section 2501, subsection (

a) requires recycling center operators to inspect each delivered 4 “A regulation adopted by an administrative agency pursuant to its delegated rulemaking authority has the force and effect of law.” California Teachers Assn. v. California Com. On Teacher Credentialing, (2013) 111 Cal.App.4th 1001, 1008; 4 Cal.Rptr.3d 369, 375. 5 Government Code

section 11340.9(

f) exempts from the rulemaking provisions of the APA “[a] regulation that embodies the only legally tenable

interpretation of a provision of law.”

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1416 load for eligibility, and subsection (

b) specifies that loads containing “pieces of broken, densified bales” or “pieces of bales of plastic” are ineligible for redemp - tion. Though the term “previously baled” is not found in CalRecycle’s governing statutes in the Public Re - sources Code or implementing regulations in CCR, ti- tle 14, OAL does not find this PTM provision to be an expansion of existing law. “Pieces of broken, densified bales” and “pieces of bales of plastic” were once part of a bale and therefore were “previously baled,” and recyclable material that was previously baled by a pro- cessor is ineligible for redemption.

Because this PTM provision does not expand upon existing law, Chal - lenged Rule No. 4 is not an underground regulation. 5. Challenged Rule No. 5 Challenged Rule No. 5 provides: When you use a log, write down what kind of ma- terial you have purchased, the basis, the weight (or count), as well as the amount you paid. Your customers will need to print and sign their names.

The names must be legible for recordkeeping to be in compliance . (PTM, page 26.) [Emphasis added.] The Public Resources Code requires recycling cen - ter operators to maintain, inter alia, consumer transac- tion receipts and logs. (Public Resources Code, § 14538 (d)(7).) Duly adopted regulations in CCR, title 14 man- date that operators prepare, maintain, and provide a copy to the consumer of, either a transaction receipt or log that includes the “printed name and signature of the person selling or donating the material” (Cal.

Code Regs., title 14, § 2525(a)(6), (b)) and state that the transaction records “must be legible” (Cal. Code Regs., title 14, § 2085(c)(1)). Because this PTM pro - vision does not expand upon these existing legal re - quirements, the second element of Tidewater is not satisfied. Therefore, Challenged Rule No. 5 is not an underground regulation. 6.

Challenged Rule No. 6 Challenged Rule No. 6 provides: If a load is contaminated, the recycling center or consumer should attempt to remove any visible debris. (PTM, page 27.) [Emphasis added.] CalRecycle’s use of the phrase “should attempt” ren- ders this PTM provision optional rather than mandato- ry. In other words, either the recycling center operator or the consumer is encouraged, but not required, to re- move visible debris from loads of recyclable material. OAL therefore finds that Challenged Rule No. 6 does not further implement or interpret existing law and is not an underground regulation. 7.

Challenged Rule No. 7 The Petition challenges provisions on page 30 of the PTM as follows: [Allegation 4g.] Recyclers are not [...] limited to purchasing from consumers. (Petition, page 2.) Petitioner is correct that recycling centers are re - quired to accept empty beverage containers from not only “consumers,” as defined in Public Re - sources Code

section 14508, but also “dropoff” and “collection” programs. (Public Resources Code, § 14572(a)(1).) OAL finds that usage of the word “con- sumer” on page 30 of the PTM does not further imple- ment, interpret, or make specific existing law. There - fore, the second element of Tidewater is not satisfied and Challenged Rule No. 7 is not an underground regulation.

CONCLUSION In accordance with the above analysis, OAL deter - mines that Challenged Rule No. 1 meets the defini - tion of a “regulation” that should have been adopted pursuant to the APA, and is therefore an underground regulation, and that Challenged Rule Nos. 2 through 7 are not underground regulations. Date: November 14, 2022 /s/ Eric Partington Attorney IV Copy: Rachel Wagoner, Director, CalRecycle Kris Chisholm, Senior Staff Counsel, CalRecycle

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. State Allocation Board File # 2022–1108–01 California Preschool, TK and FDK Facilities Grant Program; Community Colleges This emergency rulemaking by the State Allocation Board amends regulations and associated forms to ad- dress changes to the California Preschool, Transitional Kindergarten (TK) and Full–Day Kindergarten (FDK)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1417 Facilities Grant Program pursuant to Education Code,

section 17375. Title 02 Amend: 1860.2, 1860.3, 1860.4, 1860.5, 1860.5.1, 1860.6, 1860.14, 1860.15, 1850.19 Filed 11/16/2022 Effective 11/16/2022 Agency Contact: Lisa Jones (279) 946–8459 Fish and Game Commission File # 2022–1103–01 Incidental Take of Southern California Steelhead This is a re–adoption of Fish and Game Commission’s (FGC) May 06, 2022, emergency action regarding in - cidental take of Southern California Steelhead during the fish’s candidacy period as a listed species under California’s Endangered Species Act.

Title 14 Amend: 749.13 Filed 11/14/2022 Effective 11/15/2022 Agency Contact: Jennifer Bacon (916) 902–9285 Department of Corrections and Rehabilitation File # 2022–0930–01 Inmate Housing and Program (SNY/NDPF) In this rulemaking action the California Department of Corrections and Rehabilitation (CDCR) amends ex- isting regulations and adopts new regulations to create a new designated yard for inmates in CDCR custody. CDCR also amends regulations regarding housing as - signment procedures and makes grammatical, syntac - tical, and linguistic changes to the regulations.

Title 15 Adopt: 3269.2, 3269.3, 3269.4 Amend: 3000, 3269, 3269.1, 3375.2 Filed 11/14/2022 Effective 11/14/2022 Agency Contact: Renee Rodriguez (916) 445–2220 Department of Food and Agriculture File # 2022–1003–01 Guava Fruit Fly Eradication Authority In this rulemaking action, the Department amends its regulation to expand the eradication area of the guava fruit fly in California to include El Dorado and Placer counties.

Title 03 Amend: 3591.13 Filed 11/14/2022 Effective 01/01/2023 Agency Contact: Rachel Avila (916) 403–6813 Department of Toxic Substances Control File # 2022–0930–02 Safer Consumer Product: Priority Products Listing Existing regulations in

Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations estab - lish a process for identifying and prioritizing Priority Products and their Chemicals of Concern. These exist- ing regulations also establish a process for identifying and analyzing alternatives to determine how best to eliminate or reduce potential exposures to, or the level of potential adverse impacts posed by, the Chemical(

s) of Concern in Priority Products. In this regular rulemaking, the Department of Toxic Substances Control is adding nail products containing toluene as a Priority Product on the Priority Products list. Title 22 Adopt: 69511.6(

a) through (

g) Amend: 69511 Filed 11/14/2022 Effective 01/01/2023 Agency Contact: Jackie Buttle (916) 255–3730 Dental Hygiene Board of California File # 2022–1010–01 Retired Licensure Business and Professions Code

section 464 (added by Stats. 2016,

chapter 473,

section 1) authorizes any of the boards within the Department of Consumer Affairs to establish by regulation a system for a retired category of license for persons who are not actively engaged in the practice of their profession or vocation. In this regular rulemaking, the Dental Hygiene Board of California is establishing a system for a retired cate- gory for registered dental hygienists, registered dental hygienists in alternative practice, and registered den - tal hygienists in extended functions.

Title 16 Adopt: 1119 Amend: 1117 Filed 11/16/2022 Effective 01/01/2023 Agency Contact: Adina Pineschi–Petty (916) 516–5537 Department of Corrections and Rehabilitation File # 2022–0621–01 Use of Force In this resubmitted rulemaking action, the Department amends its regulations related to use of force to change

definitions, procedures on reporting and investigating use of force incidents, and forms in- corporated by reference.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 47-Z 1418 Title 15 Amend: 3000, 3268, 3268.1, 3268.2, 3268.3 Filed 11/16/2022 Effective 11/16/2022 Agency Contact: Renee Rodriguez (916) 445–2220 Department of Justice File # 2022–1007–01 Tobacco Grant Program In this rulemaking action, the Department of Justice (“DOJ”) adopts California Code of Regulations, Title 11, Sections 500, 501, 510, 520, 521, 522, 523, 530, 531, 532, 533, 540, 541, 542, 543, 544, 545, and 546.

These sections regulate the DOJ tobacco grant program, which provides grant money to local law enforce - ment agencies for special projects related to reducing California youth tobacco use.

Title 11 Adopt: 500, 501, 510, 520, 521, 522, 523, 530, 531, 532, 533, 540, 541, 542, 543, 544, 545, 546 Filed 11/15/2022 Effective 01/01/2023 Agency Contact: Marlon Martinez (213) 269–6437 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.