Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 13–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 29, 2024 PROPOSED ACTION ON REGULATIONS TITLE 4. HORSE RACING BOARD Firearms — Notice File Number Z2024–0318–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 TITLE 10.

HEALTH BENEFIT EXCHANGE/COVERED CALIFORNIA Small Business Health Options Program (SHOP) Eligibility and Enrollment Regulations — Notice File Number Z2024–0319–01 ................................................................ 343 TITLE 13. AIR RESOURCES BOARD Advanced Clean Trucks Regulation and the Zero–Emission Powertrain Certification Test Procedure — Notice File Number Z2024–0312–05 ...................................................... 347 TITLE 16. CEMETERY AND FUNERAL BUREAU Approval to Train Apprentice Embalmers — Notice File Number Z2024–0319–03 ............................. 351 TITLE 16.

STRUCTURAL PEST CONTROL BOARD Fumigation and Pesticide Use Standards and Record Requirements — Notice File Number Z2024–0318–01 ................................................................................. 355 TITLE 23. DELTA STEWARDSHIP COUNCIL Ecosystem Regulations — Notice File Number Z2024–0318–02 ........................................... 358 TITLE 24. BUILDING STANDARDS COMMISSION/ENERGY COMMISSION California Building Energy Efficient Standards, Triennial

(2025) Update to the California Energy Code — Notice File Number Z2024–0315–01 ................................................... 362 GENERAL PUBLIC INTEREST AIR RESOURCES BOARD Updated Notice of Effective Dates for

Section 2196.2 of the Heavy–Duty Inspection and Maintenance Program ............................................................................ 371 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Federal Safe Harbor Agreement with Bishop Paiute Tribe for Owens Pupfish, 2089–2024–001–01, Tribal Trust Land surrounded by Inyo County .................... 372 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Ten Mile River South Fork Enhancement Project — Phase 3, 2080R–2024–001–01, Mendicino County ..................................................... 372 PETITION DECISION ENERGY COMMISSION Regarding Petition for Rulemaking on Non–Energy Benefits and Social Costs ................................ 373

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 374 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 $338.00 (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 2024, VOLUME NUMBER 13–Z 341 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 4. HORSE RACING BOARD FIREARMS The California Horse Racing Board (Board) pro - poses to amend the regulation described below after considering all comments, objections, and recommen- dations regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to amend Board Rule 1875, Firearms, to expand the scope of the rule to reduce the risk of injury, promote, and foster safety of all individ- uals and participants in horse racing.

Currently, Board Rule 1875, Firearms states, “No licensee, employee of the association or its concessionaires, shall possess a firearm while on the grounds of a facility within the purview or control of the Board unless such posses - sion has been authorized by state or federal law, and unless the documentation of such authorization is on his or her person.” The proposed amendment to Board Rule 1875 would amend the title of the rule from “Fire- arms” to “Weapons and Ammunition.” Additionally, the proposed amendment to Board Rule 1875 would modify the main text of the rule and expand the rule by adding three new subsections.

On the main text the language “a firearm” would be re - moved and placed in new subsection (1). In addition, proposed subsection one (1) would also add original language from the main text to clarify that firearms and ammunition are allowed on a Board grounds only if they have been authorized by state or federal law and if the documentation of such authorization is on their person. Proposed subsection two (2) would include projectile devices, such as BB guns, as weapons, and are therefore not authorized on Board grounds.

Pro - posed subsection three (3) would include non–power guns devices, such as airsoft guns, as weapons, and are therefore not authorized on Board grounds. 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 his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized repre - sentative, may submit written comments about the proposed regulatory action to the Board. The written comment period closes on May 13, 2024. The Board must receive all comments by that time. Submit com - ments to: Yannet G De Garcia, Associate Management Auditor California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263–6023 Email: ygdegarcia@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited:

Section 19420, 19440, and 19460, Business and Professions Code (BPC). Reference:

Section 19420, 19440, and 19460 BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19420 provides that jurisdiction and su- pervision over meetings in this State where horse rac - es with wagering on their results are held or conduct - ed, and over all persons or things having to do with the operation of such meetings, is vested in the Board. BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the Board shall include adopting rules and regulations for the protection of the public and the control of horse racing and pari–mutuel wa - gering. BPC

section 19460 provides that all licenses granted under this chapter: (

a) Shall be in writing. (

b) Are subject to all rules, regulations, and conditions prescribed by the board. (

c) Shall contain such con - ditions as are deemed necessary or desirable by the Board for the best interests of horse racing and the purposes of this

chapter Currently, Board Rule 1875, Firearms prohibits a licensee, employee of the association or its conces - sionaires, from the possession of a firearm while on the grounds of a facility within the purview or control of the Board unless such possession has been autho - rized by state or federal law, and unless the documen- tation of such authorization is on his or her person.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 342 ANTICIPATED BENEFIT OF THE PROPOSED REGULATION The proposed amendment to Board Rule 1875 will increase, promote, and foster safety of all individuals and participants of horse racing on the grounds of a facility within the purview or control of the Board.

Implementing the proposed amendment to Board Rule 1875 would reduce the risk of injury to humans and racehorses, provide the Board’s Law Enforcement Division the ability to initiate investigations and con - fiscate such weapons, and prohibit the use and pos - session of projectile and non–powder guns on Board grounds. The Board values and promotes safety for all individuals and participants of horse racing in Califor- nia by fostering the safety, health, and welfare for all its participants.

CONSISTENCY EVALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of developing the amendments, the Board conducted a search for any similar regulation on this topic and has concluded that Board Rule 1875 is the only regulation that address firearms, weapons, and ammunition in horse racing. Therefore, the proposed regulation is neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to any local agency or school district that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non–discretionary cost or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none. The Board has made an initial determination that the proposed amendment to Board Rule 1875 will not have a significant, statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The proposed amendment will support and expand the safety and welfare of all participants of horse racing in California. By expanding the scope of authority of the rule to prohibit firearms; weapons; ammunition; any device or instrument that expels a projectile, such as a BB or pellet; and any non–powder gun (NPG) device, such as an airsoft gun, not limited to: BB gun, pellet gun, spot marker, paint ball gun, taser gun, or stun gun.

The following studies/relevant data were relied upon in making the above determination: California Senate of Office Research (SOR) “Pellet Guns and BB Guns: Dangerous Playthings in the Open Market,” Don Moulds, Director, Senate of the State of Califor - nia, 2005 Cost impact on representative private persons or businesses: none. The Board is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. Significant effect on housing costs: none.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The adoption of the proposed amendment to Board Rule 1875 will not (1) create or eliminate jobs within the state; (2) create new businesses or eliminate exist- ing businesses within the state; (3) result in the ex - pansion of businesses currently doing business with the state; and (4) as described under ANTICIPATED BENEFIT OF THE PROPOSED REGULATION above, will benefit the health and welfare of California residents and worker safety by promoting and foster - ing safety of individuals and participants of horse rac- ing on the grounds of a facility within the purview or control of the Board.

The proposed regulations are not expected to affect the state’s environment. Effect on small business: none. The proposal to amend Board Rule 1875 does not affect small business because small businesses are not legally required to comply with or enforce the regulation and neither de - rive a benefit nor incur a detriment from the enforce - ment of the regulation. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a) (13), the Board must determine that no reasonable alternative considered by the Board, or that has oth - erwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome on affected private persons than the proposed action, or would be more cost–effective 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 regulation at the scheduled hearing or during the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 343 CONTACT PERSONS Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other infor- mation upon which the rulemaking is based should be directed to: Yannet G De Garcia, Associate Management Auditor California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 260–6023 Email: ygdegarcia@chrb.ca.gov If the person named above is not available, interest- ed parties may contact: Cynthia Alameda, Deputy Executive Director California Horse Racing Board Telephone: (916) 642–0779 Email: clalameda@chrb.ca.gov AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its offices 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 state - ment of reasons. Copies of these documents, or any of the information upon which the proposed rulemaking is based, may be obtained by contacting Yannet G De Garcia or the alternative contact person at the address, phone number, or email address listed above.

AVAILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice. If modifications are made that are suffi - ciently related to the originally proposed text, the modified text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Yannet G De Garcia at the address stated above.

The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has ad - opted the proposed regulation in its current or modi - fied form, should be sent to the attention of Yannet G De Garcia at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website.

The rulemaking file consists of this no - tice, the proposed text of the regulation, and the initial statement of reasons. The Board’s website address is www.chrb.ca.gov. TITLE 10. HEALTH BENEFIT EXCHANGE/COVERED CALIFORNIA ADOPT SECTIONS 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6536, 6538, 6542, 6544, 6548, AND 6550 The California Health Benefit Exchange/Covered California (the Exchange) Board proposes to adopt the regulations described below after considering all comments, objections, and recommendations regard - ing the proposed action.

PUBLIC HEARING The Exchange has not scheduled a public hearing on this proposed action. However, the Exchange will hold a hearing if it receives a written request for a public hearing, pursuant to Government Code

section 11346.8(a), from any interested person, or such per - son’s duly authorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or such person’s duly autho- rized representative, may submit written statements, arguments or contentions (hereafter referred to as comments) relevant to the proposed regulatory action to the Exchange. The written comment period clos - es at 5:00 p.m. on May 14, 2024. The Exchange will consider only comments received at the Exchange’s office by that time. Submit written comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 344 Faviola Adams Regulations Coordinator California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Comments may also be submitted by email to regulations@covered.ca.gov. AUTHORITY AND REFERENCE Government Code

Section 100504(a) (6) authorizes the California Health Benefit Exchange/Covered Cal - ifornia (the Exchange) Board to adopt rules and reg - ulations, as necessary. The proposed regulations im - plement, interpret, and make specific sections 100503, 100504 and 100506. They also implement, interpret, and make specific the policies and requirements of the federal Patient Protection and Affordable Care Act of 2010 (Pub. Law 111–148), as amended by the federal Health Care and Education Reconciliation Act (Pub. Law 111–152) and Title 45, Code of Federal Regula - tions (CFR)

section 155.700 and following. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations Under the federal Patient and Protection and Afford- able Care Act (PPACA), each state is required, by Jan- uary 1, 2014, to establish an American Health Benefit Exchange that makes available qualified health plans to qualified individuals and small employers. Existing state law, the California Patient Protection and Afford- able Care Act (Gov. Code, § 100500 et seq.), estab - lished the California Health Benefit Exchange within state government, and it specifies the powers and du - ties of the executive board of the Exchange, also re - ferred to as Covered California.

Within the Exchange, California established its own Small Business Health Options Program (SHOP) or “CCSB.” The proposed regulations implement, interpret, and make specific the requirements in state and federal law. Government Code

section 100504(

a) authorizes the Exchange to adopt rules and regulations, as nec - essary to execute the requirements under the PPACA. The Exchange implemented regulations in the Cali - fornia Code of Regulations, title 10,

section 6400 and following. These regulations include the policies and procedures related to eligibility and enrollment of in - dividuals and small business employees. Additionally, Title 45,

Section 155.700 et seq. of the Code of Feder- al Regulations requires states establishing a SHOP to provide policies and procedures for eligibility deter - mination and redetermination, enrollment in qualified health plans, and termination of coverage processes for the SHOP. On November 7, 2019, the Exchange adopted emer- gency regulations to amend California Code of Reg - ulations, title 10,

section 6532, subdivision (e). On September 7, 2021, the Exchange adopted emergency regulations to revise California Code of Regulations, title 10, sections 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6538, 6542, and 6550. These emergency regulations are in effect. The Exchange is now proposing to make permanent those emergency regulations at California Code of Regulations, title 10, sections 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6538, 6542, and 6550 with amendments.

The Exchange also proposes to amend the regulations in California Code of Regulations, title 10, sections 6536, 6544, and 6548 to implement and clarify the eligibility and enrollment process related to small business employees and their dependents.

Objectives and Anticipated Benefits of the Proposed Regulations The broad objectives of this proposed regulatory ac- tion are to: ● Provide clarity to small employers of what is re - quired to apply to provide health and dental cov - erage through CCSB to their employees and their dependents; ● Ensure that qualified employees who are offered coverage through CCSB are provided an appro - priate open enrollment period; ● Provide clarity to participating small employers of the premium payment requirements; ● Ensure consistency with state law; and ● Complete Certificate of Compliance require - ments for sections 6520, 6522, 6524, 6526, 6528, 6530, 6532, 6534, 6538, 6542, and 6550.

Anticipated benefits of the proposed action include nonmonetary benefits to the protection of public health and safety, worker safety, the environment, the pre - vention of discrimination, or the promotion of fairness or social equity.

This includes: ● Providing structure for the Exchange to give pre- dictable and clear standards to the public and qualified health plan issuers now and into the future. ● Establishing clear guidelines for the public re - garding eligibility, enrollment, and termination of SHOP coverage. ● Establishing an appeal process for prospective and current enrollees of the SHOP and there - by providing due process to employers and em - ployees denied insurance or with other appeal - able rights. More specifically, this action includes clear guidelines for the public to request and re - ceive a fair hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 345 ● Aligning California’s regulations with the federal act and complying with state law. ● Reducing health care costs for Californians. ● Providing increased health care access to the pub- lic in California; and ● Ultimately, helping to save lives and increase the health of the public in California.

Evaluation of Consistency and Compatibility with Existing State Regulations After an evaluation of current regulations, the Ex - change has determined that these proposed regulations are not inconsistent or incompatible with any existing state regulations. This evaluation included a review of the laws that regulate the Exchange and specifically those statutes and regulations related to health insur - ance. Exchange staff also conducted an internet search of other state agency regulations.

Several California statutes and regulations govern health insurance and notably include provisions af - fecting the Exchange in the Government Code, the Health and Safety Code, and the Insurance Code. The Exchange has made its best effort to conform its reg - ulations to State law and does not know of any State statutes or regulations conflicting with these proposed regulations.

DOCUMENTS TO BE INCORPORATED BY REFERENCE CCSB New Business Late Submission Acknowl - edgement Form (Rev. 1/24) DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the California Health Benefit Exchange has made the following initial determinations: Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation or Class of Regulations None. Mandate on Local Agencies or School Districts None. The Executive Director of the California Health Benefit Exchange has determined that this pro- posed regulatory action does not impose a mandate on local agencies or school districts.

Costs or Savings to State Agencies The proposal results in additional costs to the Cali - fornia Health Benefit Exchange, which is currently fi- nancially self–sustaining. The proposal does not result in any costs or savings to any other state agency. Cost to Any Local Agency or School District Which Must Be Reimbursed in Accordance with Government Code Sections 17500 through 17630 None. This proposal does not impose costs on any local agency or school district for which reimburse - ment would be required pursuant to

Part 7 (commenc- ing with

Section 17500) of Division 4 of the Govern - ment Code. Costs or Savings in Federal Funding to the State The proposal results in additional costs to the Cal - ifornia Health Benefit Exchange, which is currently financially self–sustaining and is not funded by fed - eral grant money. There is no other impact on federal funding to the state as a result of these regulations. Other Nondiscretionary Costs or Savings Imposed on Local Agencies None. Significant Effect on Housing Costs None.

Effect on Small Business The proposal results in an effect on participating small businesses with 1–100 employees statewide by clarifying the policies and procedures for applying for coverage, enrolling employees and their dependents in qualified health plans, and termination of coverage in the small business marketplace for health insur - ance through the Exchange. The proposed regulations do not create or expand small businesses within the State of California. There are no jobs created or elim - inated from this proposal. The proposed regulations do not create or expand the operations of any small businesses.

Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete With Businesses in Other States None. Known Cost Impacts on a Representative Private Person or Business The Exchange is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro - posed action. Business Reporting Requirement None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS Results of the Economic Impact Assessment/Analysis The Exchange concludes regarding the proposed regulations:

(1) They are unlikely to create or eliminate jobs in the State;

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 346

(2) They are unlikely t o c r e a t e o r e l i m i n a t e b u s i- nesses in the State;

(3) They are unlikely to impact the expansion of businesses currently doing business in California;

(4) They are likely to provide benefits to the health and welfare of California residents; and

(5) They are unlikely to provide benefits to worker safety and the state’s environment. Benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency The proposed regulations will benefit California employees and their dependents who apply for health benefits through the Exchange.

It will benefit the pub- lic by clarifying the criteria and process for eligibility determinations, enrollment and disenrollment, and an appeal process through the SHOP. It will make quality health care available to all Californians and provide the public with clear standards and eligibility require - ments to apply for and enroll in qualified health plans through the Exchange. It will increase access to af - fordable health coverage which will help save lives and increase the health of the public in California. This proposed regulatory action will not affect worker safety and the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Exchange invites interested persons to present statements or arguments with respect to alternatives 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: Faviola Adams Regulations Coordinator California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Telephone: (916) 228–8668 The backup contact person for inquiries is: Crystal Hirst Attorney III California Health Benefit Exchange 1601 Exposition Boulevard Sacramento, CA 95815 Telephone: (916) 228–8313 Please direct questions regarding the proposed text of the regulations, the Initial Statement of Reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to Faviola Adams at the above contact information.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE The Exchange 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 contacting Faviola Adams at the address or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After the hearing, if one is held, and after consid - ering all timely and relevant comments received, the Exchange may adopt the proposed regulations sub - stantially as described in this notice. If the Exchange makes modifications which are sufficiently related to the originally proposed text, it will make the modified text to the public at least 15 days before the Exchange adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Faviola Adams at the address indicated above.

The Exchange will accept written comments on the mod - ified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 347 AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Faviola Ad- ams at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons and the proposed text of the regulations in underline and strikeout can be ac - cessed through our website at http://hbex.coveredca. com/regulations/ TITLE 13.

AIR RESOURCES BOARD The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider proposed amendments to the Advanced Clean Trucks (ACT) regulation and the Zero-Emission Powertrain Certification (ZEP Cert) test procedure. Date: May 23, 2024 Time: 9:00 a.m. In-Person Location: California Air Resources Board Byron Sher Auditorium 1001 I Street, Sacramento, California 95814 Remote Option: Zoom This public meeting may continue at 9:00 a.m., on May 24, 2024.

Please consult the public agenda, which will be posted ten days before the May 23, 2024, Board Meeting, for important details, including the day on which this item will be considered and how the public can participate via Zoom if they choose to be remote. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or electronic submittal before the hearing. The public comment pe- riod for this regulatory action will begin on March 29, 2024.

To be considered by the Board, written com - ments must be submitted by May 13, 2024. Comments submitted outside that comment period are considered untimely. CARB may, but is not required to, respond to untimely comments, including those raising signifi- cant environmental issues. Comments submitted must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: https://www.arb.ca.gov/ lispub/comm/bclist.php Please note that under the California Public Records Act (Government Code (Gov.

Code), § 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, the Board requests but does not re - quire that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review.

AUTHORITY AND REFERENCE This regulatory action is proposed under the au - thority granted in California Health and Safety Code, sections 38501, 38505, 38510, 38560, 38566, 38580, 39500, 39600, 39601, 39650, 39658, 39659, 39666, 39667, 40000, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, and 43806; and California Vehi- cle Code

section 28114. This action is proposed to implement, interpret, and make specific California Health and Safety Code, sections 38501, 38505, 38510, 38560, 38580, 39000, 39002, 39003, 39010, 39017, 39003, 39500, 39600, 39601, 39610, 39650,39655, 39657, 39667, 39701, 40000, 43000, 43000.5, 43009, 43009.5, 43013, 43016, 43017, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43202, 43204, 43205, 43205.5, 43206, 43210, 43211, 43212, 43213, and 43806; and California Vehicle Code

section 28114. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Gov. Code, § 11346.5, subdivision (a) (3)) Sections Affected: Proposed amendments to California Code of Regu - lations, title 13, sections 1956.8, 1963, 1963.1, 1963.2, 1963.3, 1963.4, and 1963.5, and proposed adoption of new

section 1963.6. Documents Incorporated by Reference (Cal. Code Regs., title 1, § 20, subdivision (c) (3)): The following would be incorporated in the regula - tion by reference as specified by the following sections: ● Title 40, Code of Federal Regulations

section 1037.801, last amended by the United States Envi- ronmental Protection Agency (U.S. EPA) on Jan- uary 24, 2023.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 348 Background and Effect of the Proposed Regulatory Action: In January 2021, CARB adopted the ACT regu - lation as part of California’s comprehensive strate - gy to reduce harmful emissions from medium– and heavy–duty vehicles to the greatest degree feasible. Achieving California’s long–term air quality, climate, and public health goals will require a transition from the conventional combustion technologies to zero– emission everywhere feasible and near–zero– emission powered by clean, low–carbon renewable fuels everywhere else.

Promoting the development and use of zero–emission trucks will contribute to the goals set by the Governor’s Executive Order N–79–20 and the Sustainable Freight Action Plan, and will help achieve emission reductions as outlined in the State Implementation Plan, Senate Bill (SB) 350 (de León,

Chapter 547, Statutes of 2015), Assembly Bill (AB) 32 (Nuñez,

Chapter 488, Statutes of 2006), and SB 32 (Pavley,

Chapter 249, Statutes of 2016), and AB 1279 (Muratsuchi,

Chapter 337, Statutes of 2022). This ef - fort is part of a broader strategy to increase clean, af - fordable transportation options such as zero–emission technologies, innovative methods to improve freight activity, and efficiency of transportation systems in California. In July 2019, CARB adopted the ZEP Cert test pro- cedure which established new, alternative certifica - tion procedures for heavy–duty battery–electric and fuel–cell vehicles and the zero–emission powertrains they use.

ZEP Cert establishes a process that can be used to provide additional transparency, consistency, and stability in heavy–duty zero–emission market segments targeted by CARB’s technology–forcing regulatory measures or incentives geared to deploying more–commercialized zero–emission vehicles. The ACT regulation requires manufacturers to utilize ZEP Cert starting with the 2024 model year for heavy– duty and incomplete medium–duty Zero–Emission Vehicles (ZEVs) in order to earn ZEV credits. With the proposed amendment, ZEP Cert would become an optional certification pathway for complete medium– duty ZEVs.

Objectives and Benefits of the Proposed Regulatory Action: The proposed amendments to the ACT regulation include items that can be adopted in 2024 to honor commitments made by CARB staff in the Clean Truck Partnership. The changes include increasing the defi - cit makeup period and clarifying that compliance de - termination and sales reporting requirements are both defined when vehicles are produced and delivered for sale in California.

Additionally, the proposed amend - ments would make minor adjustments to address is - sues that have arisen through implementation and will ensure closer alignment with the regulation’s original intent. These amendments are generally minor admin- istrative changes that have minimal cost impacts and no significant emissions impact. Additionally, the pro- posed amendment to ZEP Cert aims to provide greater flexibility for manufacturers to certify complete medi- um–duty ZEVs.

Summary of the Proposed Amendments The proposed amendments to the ACT regulation include: clarifying that compliance determination and sales reporting requirements are both defined when vehicles are produced and delivered for sale in Cal - ifornia, increasing the deficit makeup period, align - ing language with the 100% ZEV sales requirements for 2036 and subsequent model years, modifying the manufacturer definition as well as adding a definition for secondary vehicle manufacturer, establishing that certifications that meet the requirements of title 13, California Code of Regulations

section 1962.2 satisfy the zero–emission powertrain certification require - ment of the ACT regulation, aligning language with the proposed amendment to ZEP Cert to extend its ap- plicability to complete medium–duty ZEVs, aligning language about preventing double counting of ZEV credits under both the Advanced Clean Cars (ACC) II regulations and ACT, identifying acceptable doc - umentation for vehicle tracking, and adjustments to various reporting requirements with added coinciding

definitions. Comparable Federal Regulations: There are no federal requirements for manufactur - ers to sell ZEVs with a gross vehicle weight rating greater than 8,500 lb. AN EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS (Gov. Code, § 11346.5, subdivision (a) (3) (D)) There are no inconsistencies or incompatibilities with existing state regulations. Instead, the proposed amendments incorporate references to the ACC II reg- ulations in

section 1963.2(

i) to protect against manu - facturers double–counting credits from selling a me - dium–duty ZEV into California under both the ACT regulation and the ACC II regulations for the 2024 and 2025 model years. Additionally, language was added to

section 1963.2(

i) to establish that, beginning with the 2026 model year, medium–duty ZEVs produced and delivered for sale in California that are counted towards the ACC II regulations will not be counted towards the ZEV deficit generated under the ACT regulation.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 349 RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT (Gov. Code, § 11346.5, subdivision (a) (10)) DISCLOSURES REGARDING THE PROPOSED REGULATION Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Gov. Code, § 11346.5, subdivisions (a) (5)&(6)): The determinations of the Board’s Executive Offi - cer concerning the costs or savings incurred by public agencies and private persons and businesses in reason- able compliance with the proposed regulatory action are presented below.

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

part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies. Housing Costs (Gov. Code, § 11346.5, subdivision (a) (12)): The Executive Officer has made the initial deter - mination that the proposed regulatory action will not have a significant effect on housing costs. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Gov.

Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a) (7), 11346.5, subdivision (a) (8)): The Executive Officer has made the initial determi- nation that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons. Non–Major Regulation: Statement of the Results of the Economic Impact Assessment (EIA): (

A) The creation or elimination of jobs within the State of California. The proposed amendments are expected to result in minor increases and decreases in work performed which can be absorbed by the regulated manufactur - ers. As a result, no jobs are expected to be created or eliminated by these amendments. (

B) The creation of new business or the elimination of existing businesses within the State of California. No new jobs will be created or eliminated as a result of these proposed amendments, therefore new busi - nesses will not be created, nor eliminated. (

C) The expansion of businesses currently doing business within the State of California. The proposed amendments are expected to have minimal impact on jobs in regulated businesses and work will likely be absorbed within existing resources. (

D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. These proposed amendments are generally minor, administrative changes that have minimal cost im - pacts and no emissions impact and no impact to health and welfare of California residents, worker safety, and the state’s environment.

Effect on Jobs/Businesses: The Executive Officer has determined that the pro - posed regulatory action would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or the elimination of existing businesses within the State of California, or the expansion of businesses currently doing business within the State of California. A detailed assessment of the economic impacts of the proposed regulatory action can be found in the Economic Impact Analysis in the Initial Statement of Reasons (ISOR).

Benefits of the Proposed Regulation: The primary objective of the proposed regulatory action is to honor commitments made by CARB staff in the Clean Truck Partnership in 2024, which includes proposing regulatory amendments that would increase the deficit makeup period and clarify that compliance determination and sales reporting requirements are both defined when vehicles are produced and deliv - ered for sale in California. A

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

section 11346.5, subdivision (a) (3) discussion on page 2. BUSINESS REPORT (Gov. Code, §§ 11346.5, subdivision (a) (11); 11346.3, subdivision (d)) In accordance with Government Code sections 11346.5, subdivisions (a) (11) and 11346.3, subdivision (d), the Executive Officer finds the reporting require - ments of the proposed regulatory action which apply to businesses are necessary for the health, safety, and welfare of the people of the State of California.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 350 COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES (Gov. Code, § 11346.5, subdivision (a) (9)) In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on repre - sentative private persons or businesses. CARB is not aware of any cost impacts that a representative private person or business would necessarily incur in reason - able compliance with the proposed action. EFFECT ON SMALL BUSINESS (Cal. Code Regs., title 1, § 4, subdivisions (

a) and (b)) The Executive Officer has determined under Cali - fornia Code of Regulations, title 1,

section 4, that the proposed regulatory action would not affect small businesses as none of the manufacturers subject to the ACT regulation meet the AB 1033 (Garcia,

Chapter 346, Statutes of 2016) definition of a small business. CONSIDERATION OF ALTERNATIVES (Gov.

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

Chapter IX of the ISOR, Evaluation of Regulatory Alternatives, the proposed amendments are the most effective and least burdensome means of achieving the purposes of the regulation. STATE IMPLEMENTATION PLAN REVISION If adopted by CARB, CARB plans to submit the proposed regulatory action to the United States Envi - ronmental Protection Agency (U.S. EPA) for approval if it is necessary to include it as a revision to the Cali - fornia State Implementation Plan (SIP) required by the federal Clean Air Act (CAA).

The adopted regulatory action would be submitted as a SIP revision with no significant emissions impacts because it amends reg - ulations intended to reduce emissions of air pollutants in order to attain and maintain the National Ambient Air Quality Standards promulgated by U.S. EPA pur - suant to the CAA.

ENVIRONMENTAL ANALYSIS When the original regulation was proposed in 2020, CARB prepared an environmental analysis (EA) un - der its certified regulatory program (California Code of Regulations, title 17, sections 60000 through 60008) to comply with the requirements of the California En- vironmental Quality Act (CEQA; Public Resources Code,

section 21080.5).

The EA, included in Appendix D of the ISOR entitled Final Environmental Analysis for the Proposed Advanced Clean Trucks Regulation , dated June 23, 2020, determined the ACT regulation could result in: beneficial impacts to energy demand, and greenhouse gases; less than significant impacts, or no impacts, to air quality, energy demand, greenhouse gases, land use planning, mineral resources, popula - tion and housing, public service, and recreation; and potentially significant adverse impacts to aesthetics, agricultural and forest resources, air quality, biolog - ical resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use planning, mineral resources, noise, transportation and traffic, and utilities and service systems.

Staff has determined that no additional envi - ronmental review is required for the current proposed amendments because there are no changes that involve new significant environmental effects or a substantial increase in severity of previously identified significant effects previously identified in the prior 2020 EA. The basis for reaching this conclusion is provided in sec - tion VI of the ISOR.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 351 ● Una acomodación razonable relacionados con una incapacidad. Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb.ca.gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo an- tes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pue - den marcar el 711 para el Servicio de Retransmisión de Mensajes de California.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency rep - resentative Craig Duehring, Manager In–Use Control Measures Section, at (279) 208–7369 or (designated back–up contact) Paul Arneja, Air Resources Engi - neer, at (279) 208–7342. AVAILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report, or the ISOR for the proposed regulatory action, which includes a

summary of the economic and environmental impacts of the proposed amendments. The report is entitled: Proposed Amendments to the Advanced Clean Trucks Regulation. Copies of the ISOR and the full text of the proposed regulatory language, may be accessed on CARB’s website listed below, on March 26, 2024. Please con - tact Bradley Bechtold, Regulations Coordinator, at Bradley.Bechtold@arb.ca.gov or (279) 208–7266 if you need physical copies of the documents. Because of current travel, facility, and staffing restrictions, the California Air Resources Board’s offices have limited public access. Pursuant to Government Code

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

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

part 1,

chapter 3.5 (commencing with

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

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

FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available on CARB’s website for the proposed amend- ments at https://ww2.arb.ca.gov/rulemaking/2024/ advancedcleantrucks. TITLE 16.

CEMETERY AND FUNERAL BUREAU § 1230, TRAINING APPRENTICE NOTICE IS HEREBY GIVEN that the Cemetery and Funeral Bureau (CFB or Bureau) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Over - view. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, fac - simile, or email to the addresses listed under Contact Person in this Notice, must be received by the Bureau

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 352 at its office no later than Tuesday, May 24, 2024, by 5:00 p.m. PUBLIC HEARING AVAILABILITY The Bureau has not scheduled a public hearing on this proposed action. The Bureau will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period.

AVAILABILITY OF CHANGED OR MODIFIED TEXT The Bureau may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may mod - ify the proposed regulations if such modifications are sufficiently related to the original text.

With the ex - ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi - cation of any changes to the proposal.

AUTHORITY AND REFERENCE: Pursuant to the authority vested by Business and Professions Code (BPC) sections 7606, 7670, and to implement, interpret or make specific 7606, 7607, 7648, 7649, 7660 and 7670, Business and Professions Code, the Bureau is considering amending 1230 of Ti- tle 16 of the California Code of Regulations (CCR) as described in this Notice. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Cemetery and Funeral Bureau (Bureau) licens - es, regulates, and investigates complaints against 14 different license categories in California, totaling ap - proximately 11,315 licensees.

These licensing catego- ries include funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery broker branch, cemetery broker additional, cemetery salespersons, cremated remains disposers, crematories, crematory managers, hydrolysis facil - ities, cemetery managers, and private, nonreligious cemeteries. It is the Bureau’s duty to enforce and administer the Cemetery and Funeral Act (Chapter 12 (commencing with

section 7600) of Division 3 of Business and Professions Code (BPC) (collectively the Act). (BPC

section 7602, subdivision (a) (2).). The Bureau is authorized to establish necessary rules and regulations for the enforcement of the Act and the laws subject to its jurisdiction. (BPC

section 7606.) In 2017, the Legislature passed, and the Governor signed into law, Assembly Bill (AB) 1381 (Obernolte,

Chapter 150, Statutes of 2017), amending BPC

section 7670. This law authorizes a licensed funeral establish- ment who is seeking the Bureau’s approval to train apprentice embalmers to show that they have either employed a full–time California embalmer, who has had not less than two years’ practical experience as a California licensed embalmer immediately preced - ing the date of the application, or a trade embalmer who is hired by the establishment on a case–by–case basis and who has had not less than two years’ practi - cal experience as a California licensed embalmer im - mediately preceding the date of the application.

Also pursuant to BPC 7670(a), the apprenticeship must be served in a licensed funeral establishment that has been previously approved for apprenticeship training by the Bureau, and the apprentice must submit an ap - plication, accompanied by the required fee, to the Bu- reau. With the increase in cremations, which has led to a sharp decrease in embalming in California, it has become more difficult for funeral homes to employ a full–time embalmer. By allowing a trade embalmer, who has met certain requirements, to train apprentic - es, more apprentices should be able to get the supervi- sion and training they need.

Existing law, BPC 7660 defines an apprentice em - balmer as a person engaged in the study of embalm - ing under the instruction and supervision of a licensed embalmer who has had at least two years of practical experience as a licensed embalmer. There is no existing regulation that specifies the process and procedures for how a licensed funeral es - tablishment may apply to the Bureau to seek approval to train apprentices. Additionally, pursuant to CCR

section 1230, to qualify to be treated in aggregate, the funeral establishment is required to submit to the Bureau, form 21 A–12 (12/96). The form requires the funeral establishment to certify, among other things, that the funeral establishment will continue to have a full–time employed qualified embalmer. The Bureau form 21 A–12 (12/96) is outdated, and it needs to be updated by repealing and adopting a new Bureau ap - proved form. The Bureau has consulted with stakeholders (licens- ees, consumer advocates, and members of the public) on two separate occasions regarding the proposed regulation.

This proposal was first discussed at the Bureau’s Advisory Committee meeting on May 24, 2018, after AB 1381 was signed into law and became effective on January 1, 2018. Staff drafted language for this regulation and on May 24, 2023, presented the language for apprentice embalmers training to the committee members during the regularly sched -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 353 uled meeting. The proposed language was discussed and made available for public comment. The Bureau received no comments from stakeholders. However, since the release of the draft language, the Bureau has made minor technical modifications to the proposed text to make it easier for the regulated public to follow. The current version of 16 CCR

section 1230, ti - tled “Training Apprentices, “includes these two subdivisions: ● Subdivision (

a) authorizes funeral establishments to be treated in the aggregate for the purpose of training apprentices and lists the requirements. The licensed funeral establishment must be un - der common ownership. The common owners must designate one funeral establishment as the main office as defined in CCR 16 1204(c) (2), and the remaining establishments be located within 60 miles radius from the designated main office. ● Subdivision (

b) specifies the Bureau approved form 21A–12 (12/96) shall be submitted when a licensed funeral establishment is requesting to be treated in aggregate, and an inspection shall be scheduled and completed to ensure compliance with BPC 7670. It is necessary to amend CCR 1230 to provide, in addition to the option to be treated in the aggregate, the process and procedures a licensed funeral estab - lishment shall meet when requesting Bureau approval to train apprentice embalmers. Further, an update to repeal and adopt a new bureau approved form is also needed.

The Bureau proposes to rename the section, reor - der the subdivisions to match the order presented in the controlling statute, and amend the process for who may train apprentice embalmers. Here is what the Bu- reau proposes to do: ● Amend CCR

section 1230 by changing the ti - tle from “Training Apprentices” to “Approval to Train Apprentice Embalmers.” ● Amend subdivision (

a) to establish the process and procedures a licensed funeral establishment who is seeking Bureau’s approval to train appren- tice embalmers must follow. Require that the fu - neral establishment must submit a request on a Bureau approved form, 12–TAE (New 1/24) “Ap- proval to Train Apprentice Embalmers.” The form is incorporated by reference and specifies the fee to accompany the form. ● Amend CCR

section 1230(

b) by moving the reg - ulatory text to a newly adopted subdivision (c). Subdivision (

b) text is added to specify that each licensed funeral establishment who has received Bureau approval must submit to the Bureau, no later than January 15 of each year, a completed Bureau form 12–TAE (new 1/24) accompanied with the required fee specified by subdivision (

a) of this section. ● Adopt CCR

section 1230(

c) to specify the re - quirements for a licensed funeral establishment requesting to be treated in the aggregate, for the purpose of training apprentice embalmers, to sub- mit the approved Bureau form specified in subdi- vision (

a) of this section. The licensed funeral es- tablishment must be under common ownership. The common owners must designate one funer - al establishment as the main office as defined in CCR 16 1204(c) (2), and the remaining establish- ments must be located within 60 miles from the designated main office. ● In the reordering, subdivision 1230(a) (3) to now 1230(c) (3) the word “radius” is deleted from the distance requirement making it consistent with other regulations addressing distance require - ments under this Act, as well as making it consis- tent with industry standards. Further, in order to make CCR 16

section 1230 con- sistent with the underlying statute, this proposal reor - ders subdivision (

a) with the newly renumbered sub - division (c). Rather than starting CCR 16

section 1230 with the requirements for being treated in the aggre - gate, subdivision (

a) will reference the form required in order for a funeral establishment to apply to train apprentices. This change will make the regulation eas- ier to follow and give immediate notice to the regulat- ed community of the required form. ANTICIPATED BENEFITS OF PROPOSED REGULATIONS This proposal would establish a consistent and sim- ple process for licensed funeral establishments to ob - tain Bureau approval to train apprentice embalmers, and to be treated in the aggregate.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations of these topics and has con- cluded that these regulations are neither inconsistent nor incompatible with existing state regulations. INCORPORATION BY REFERENCE The Application for Approval to Train Apprentice Embalmers, form “12–TAE (New 1/24)

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 354 DISCLOSURES REGARDING PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: The Bureau has determined the proposed regulation will result in a minor and absorbable fiscal impact to the state. Cost or Savings in Federal Funding to the State: The regulations result in one–time (absorbable) workload and costs of approximately $750 to update and post the (new) Application for Approval to Train Apprentice Embalmers form (New 1/24) to the Bu - reau’s website.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The Bureau has made an initial determination that the proposed regulatory action would not have a state- wide adverse economic impact directly affecting busi- ness, including the ability of California businesses to compete with businesses in other states because this proposal only affects licensed funeral establishments.

The Bureau currently is responsible for 1,089 li - censed funeral establishments throughout California. Out of these funeral establishments, and as of July 1, 2023, there are 150 Bureau approved licensed funeral establishments that have requested and received Bu - reau approval to train apprentices and or to be treated in the aggregate. Licensees are currently required to complete and submit the existing Application for Approval to Train Apprentice form and this proposal is not anticipated to increase workload or costs to businesses.

Business Reporting Requirement The regulatory action does not require businesses to file a report with the Bureau. Cost Impact on Representative Private Person or Business: The Bureau does not anticipate additional costs to a representative private person or business with the proposed action. Licensees are currently required to complete and submit the existing Application for Ap - proval to Train Apprentice form and this proposal is not anticipated to increase workload or costs to indi - viduals or businesses. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal will not create or eliminate jobs, will not create new businesses, or eliminate existing businesses, and will not affect the expansion of businesses currently doing business within the State of California because this proposed regulation applies to licensed funeral establishments seeking the Bureau’s approval to offer embalmer apprenticeship training.

Benefits of Regulation: The regulations benefit licensees, stakeholders, and Californians by helping to reduce confusion and to provide clear guidance related to funeral establish - ments and apprenticeship by better aligning CFB’s regulations with current law and existing business practice. Effect on Small Business: The proposed regulation may affect small busi - ness, specifically those funeral establishments that are seeking the Bureau’s approval to offer apprenticeship training.

INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Bureau at 1625 North Market Boulevard, Suite S–208, Sacramento, Califor- nia 95834.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file that is available for public inspection by contacting the person named below.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 355 You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written request to the Contact Person named below or by ac - cessing the website listed below. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Bureau must determine that no reasonable alternative it considered or that has oth - erwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as ef - fective and less burdensome to affected private per - sons than the proposed regulatory action or would be more cost–effective to the affected private persons and equally effective in implementing the statutory policy or other provision of the law.

Interested persons are invited to present statements or arguments orally or in writing relevant to the above determinations at the above scheduled hearing or during the written com - ment period.

CONTACT PERSON Inquiries or comments concerning the proposed ad - ministrative action may be addressed to: Name: Carolina Sammons Address: 1625 North Market Boulevard, Suite S–208 Sacramento, CA 95834 Telephone Number: (916) 574–7876 Fax Number (916) 928–7988 Email Address: carolina.sammons@dca.ca.gov The backup contact person is: Name: Gina Sanchez Address: 1625 North Market Boulevard, Suite S–208 Sacramento, CA 95834 Telephone Number: (916) 574–7870 Fax Number (916) 928–7988 Email Address: gina.sanchez@dca.ca.gov Inquiries concerning the substance of the proposed regulations may be directed to Carolina Sammons at (916) 574–7876.

Copies of the Notice of Proposed Actions the Ini - tial Statement of Reasons, and the text of the regu - lations can be accessed through the Bureau’s website at https://www.cfb.ca.gov/laws_regs/proposed_regs. shtml. TITLE 16. STRUCTURAL PEST CONTROL BOARD FUMIGATION AND PESTICIDE USE STANDARDS AND RECORD REQUIREMENTS NOTICE IS HEREBY GIVEN that the Structural Pest Control Board (Board) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action.

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 his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Person” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than Tuesday, May 14, 2024, by 5:00 p.m., or must be received by the Board at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by

section 8525 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC section(s) 8505.5, 8505.7, 8505.13, 8505.15, 8505.16, 8516, 8642, 8646, and 8652, the Board is considering amending

section 1970 of title 16 of the California Code of Reg- ulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Currently, 16 CCR § 1970 details the reporting re - quirements for both fumigation jobs and pest control operations in order to ensure proper safety standards and establish responsibilities for handling dangerous gases. Additionally, 16 CCR § 1970(

c) defines the term “fraudulent act” as used in BPC § 8642.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 356 On March 6, 2017, the United States Environmen - tal Protection Agency (U.S. EPA) revised the federal rule for certification and recertification of applicators of restricted use pesticides under the Code of Federal Regulations

Part 171 (40 CFR 171). In California, the Board is the agency responsible for ensuring the regu- latory requirements for licensed or certified structural pesticide applicators of restricted use pesticides meet or exceed Federal standards. California laws and reg - ulations pertaining to the certification and recertifica - tion of structural pesticide applicators are contained within the Act and 16 CCR. The Board does not cur - rently have regulations to fully implement aspects of the new federal requirements. This regulatory proposal relocated required in - formation from subsection (

a) into a new Standard Structural Fumigation Log (Form number 43M–47, Rev. 6/2023); incorporates Form 43M–47 by reference and deleting subsection (a); adds time of application to the reporting requirements which is an existing in - dustry standard; adds language to gather information about the pesticide used (product name and registra - tion number) in order to identify whether the pesti - cide applied is restricted use, requires supervision; adds language necessary to ensure that a non–certi - fied applicator (RA) was supervised by a commercial applicator (FR/OPR) during an application; replaces “pesticide control operation” with “structural pest control applications” to clarify that a report pursu - ant to proposed subsection (a) [former subsection (b)] must be completed for each structural pest control ap- plication; adds the word “structural” in front of pest control for consistency; replaces instances of the term “operation” with “application” which is a more wide - ly used and understood term in the industry; replaces gendered language pursuant to Assembly Concurrent Resolution Number 260 of 2018 (ACR 260), which urged state agencies to use gender neutral pronouns and avoid the use of gendered pronouns in drafting regulations; and pluralizing instances of the terms area, pest, and pesticide.

On October 10, 2023, the Board reviewed and ap - proved proposed language for this rulemaking, and au- thorized staff to proceed with the rulemaking process.

Anticipated Benefits of Proposal The Structural Pest Control Board has determined that this regulatory proposal will have the following benefits to health and welfare of California residents, worker safety, and state’s environment: ● This regulatory proposal benefits the health and welfare of California residents because it advanc- es consumer and public awareness by requiring disclosure of information such as pesticide prod - uct name and registration number when danger - ous gases and pesticides are used. ● This regulatory proposal benefits worker safe - ty because it reinforces existing supervision re - quirements by disclosing the license information of the certified commercial applicator(s) (Field Representative or Operator) who supervised the application of restricted use materials. ● This regulatory proposal does not affect the state’s environment because it does not involve the environment.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

INCORPORATION BY REFERENCE ● Standard Structural Fumigation Log (Form num - ber 43M–47, Rev. 6/2023) DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The regulations will result in one–time workload and costs of approximately $500 to update and post the Standard Structural Fumigation Log (Form num - ber 43M–47, Rev. 6/2023) on the Board’s website. Any costs will be absorbed within existing resources.

The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None.

BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 357 This initial determination is based on the follow - ing facts/evidence/documents/testimony or other evidence: This proposal does not require any significant new expense or reporting, recordkeeping, or compliance measures on the part of businesses. Licensees are currently required to complete a Stan- dard Structural Fumigation Log for each fumigation job, and a report for each structural pest control ap - plication.

This proposal does not alter the frequency of reporting, it merely adds information already fed - erally required to the list of items disclosed on the re - port(s). The new requirements in this proposal are not anticipated to incur additional workload or costs. Cost Impact on Representative Private Person or Business The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Structural Pest Control Board has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses or the elim - ination of jobs or existing businesses or the expansion of businesses in the State of California.

Benefits of Regulation: The Structural Pest Control Board has determined that this regulatory proposal will have the following benefits to health and welfare of California residents, worker safety, and state’s environment: This regulatory proposal benefits the health and welfare of California residents because it advances consumer and public awareness by requiring disclo - sure of information such as pesticide product name and registration number when dangerous gases and pesticides are used.

This regulatory proposal benefits worker safety be - cause it reinforces existing supervision requirements by disclosing the license information of the certified commercial applicator(s) (Field Representative or Op- erator) who supervised the application of restricted use materials. This regulatory proposal does not affect the state’s environment because it does not involve the environment. Business Reporting Requirements The regulatory action does not require businesses to file any additional reports with the Board.

Licensees are currently required to complete a Standard Struc - tural Fumigation Log for each fumigation job and gen- erate a report for each structural pest control appli - cation. This proposal maintains the existing reporting

schedule and includes federally mandated information to the list of details provided in the report(s). Effect on Small Business The proposed regulation may affect small business- es. However, the extent of the impact on small busi - nesses cannot be predicted because the Board does not maintain data relating to the number or percentage of licensees who own a small business. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2005 Evergreen Street, Suite 1500, Sacramento, CA 95815, during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Structural Pest Con - trol Board, at 2005 Evergreen Street, Suite 1500, Sac- ramento, CA 95815.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 358 interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Sophia Azar Address: Structural Pest Control Board 2005 Evergreen Street, Suite 1500 Sacramento, CA 95815 Telephone Number: 279–236–2502 Fax Number: 916–263–2469 Email Address: Sophia.Azar@dca.ca.gov The backup contact person is: Name: Kathleen Boyle Address: Structural Pest Control Board 2005 Evergreen Street, Suite 1500 Sacramento, CA 95815 Telephone Number: 279–236–2533 Fax Number: 916–263–2469 Email Address: Kathleen.Boyle@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at https://pestboard.ca.gov/pestlaw/index.shtml.

TITLE 23. DELTA STEWARDSHIP COUNCIL DIVISION 6, ECOSYSTEM REGULATIONS: AMENDMENT OF SECTIONS 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, AND 5015; ADDITION OF

SECTION 5005.1 AND APPENDIX 3A, APPENDIX 4A, AND APPENDIX 8A NOTICE IS HEREBY GIVEN t h a t t h e D e l- ta Stewardship Council (Council) proposes to adopt changes to the California Code of Regulations, title 23, division 6,

chapter 2, sections 5001 to 5015, inclu- sive, and appendices after considering all comments, objections, and recommendations regarding the pro - posed action. The proposed regulations implement provisions of the Sacramento–San Joaquin Delta Re - form Act of 2009 (Water Code, § 85000 et seq.) relat- ing to ecosystem protection and management. I. PROPOSED REGULATORY ACTION The Council proposes to amend California Code of Regulations, title 23 division 6, sections 5001 to 5015, inclusive, and appendices. By proposing these regu - latory amendments, the Council intends to (1) make technical, conforming amendments to

section 5001 to 5015, inclusive; (2) make substantive amendments to 5001, 5006, 5007, and 5008; and (3) add

section 5005.1, Appendix 3A, Appendix 4A, and Appendix 8A. II. WRITTEN COMMENT PERIOD (Gov. Code, §§ 11340.85, subdivision (b); 11346.5, subdivisions (a) (1), (a) (15)) No later than close of business on May 14, 2024, an interested person or authorized representative may submit written comments regarding this proposed reg- ulation to the Council by postal or electronic mail, ad- dressed as follows:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 359 Electronic Mail Comments may be submitted electronically to: deltacouncil.ecosystemrulemaking@deltacouncil. ca.gov U.S. Mail Delta Stewardship Council Attention: Eva Bush 715 P Street, 15–300 Sacramento, CA 95814 III. PUBLIC HEARING (Gov. Code, §§ 11346.5, subdivision (a) (1); 11346.8 subdivision (a)) A public hearing is scheduled for May 14, 2024, 4 p.m. to 6 p.m. on the second floor of the California Nat- ural Resources Building at 715 P Street, Sacramento.

The hearing room will be accessible to persons with mobility impairment, and the room can be made ac - cessible to persons with hearing or visual impairments upon advance request to engage@deltacouncil.ca.gov. IV. AUTHORITY AND REFERENCE (Gov. Code, § 11346.5, subdivision (a) (2)) The scope of the proposed changes is in Califor - nia Code of Regulations, title 23, division 6,

chapter 2. Pursuant to Water Code sections 85020, 85021, 85210(i), 85211, 85300, 85302, 85308. INFORMATIVE DIGEST (Gov. Code, § 11346.5, subdivision (a) (3)) a.

Summary of Existing Laws and Effects of Proposed Action The Sacramento–San Joaquin Delta Reform Act of 2009 (Water Code, § 85000 et seq.; the Act) establish- es the Delta Stewardship Council (Council), which is required to develop, adopt, and commence implemen- tation of a comprehensive management plan, known as the Delta Plan, for the Sacramento–San Joaquin Delta (Delta).

The Act declares it is the intent of the Legislature to provide for the sustainable management of the Delta ecosystem, to provide for a more reliable water supply for the state, to protect and enhance the quality of the water supply from the Delta, and to es - tablish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan.

The Act, among other things, requires a state or lo - cal public agency that proposes to undertake a covered action, and before initiating the implementation of that covered action, to prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and to submit that certification to the Council, as specified. Current regulations implementing the Delta Plan (Cal. Code Regs., title 23, § 5001 et seq.) define vari- ous terms and detail habitat restoration requirements.

Chapter 4 of the Delta Plan, Protect, Restore, and En - hance the Delta Ecosystem, and corresponding regu - lations were originally developed with the expectation that the Bay Delta Conservation Plan (BDCP) would be incorporated into the Delta Plan. In May 2015, State and federal agencies shifted from the BDCP to a portfolio of mitigation projects known as the EcoRe - store initiative. This changed the focus of restoration to a single species mitigation approach. Following this shift, the Council amended

Chapter 4 of the Delta Plan and adopted policies that form the basis for the pro - posed regulations amendments governing the ecosys - tem of the Delta and Suisun Marsh.

These proposed regulations amendments would more specifically do all of the following: ● Require State and local public agencies to dis - close contributions for ecosystem function resto - ration and social benefits provided in the Delta. ● Require the disclosure of cultural, recreational, agricultural, and natural resources benefits antic - ipated from the completion of a covered action. ● Require State and local public agencies who are proposing a covered action in the Intertidal Ele - vation Bank and Sea Level Rise Accommodation Band to explain how the covered action will ac - commodate future marsh migration, anticipated sea level rise, and tidal inundation.

If that accom- modation is not possible, require an explanation for the exception provided. ● Require State and local public agencies, based on best available science, to explain how the covered action is designed to safeguard against levee fail- ure should it take place in the Shallow Subtidal Elevation Band or the Deep Subtidal Elevation Band, focusing on accounting for future impacts with an added safeguard to reduce flood risk in the Delta. ● Redefine the range of levee projects that are re - quired to be identified and if feasible implement alternatives that expand the floodplain to incor - porate the Stanislaus River, Cosumnes River, Middle River, Old River, and Elk Slough while updating and clarifying the language for new flood control work permanent structural changes, or improvements in flood control functions, al - lowing for future adaptations depending on Delta needs and climate changes. ● Include new defined terms. ● Make technical, conforming changes.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 360 b. Existing Federal Regulations or Statutes These proposed regulations do not unnecessarily duplicate or conflict with any federal regulations con- tained in the Code of Federal Regulations. c. Policy Statement and Anticipated Benefits The Council proposes to add

section 5005.1, Appen- dix 3A, Appendix 4A, and Appendix 8A and amend sections 5006, 5007 and 5008 based on updated best available restoration science, providing a more sys - tematic approach to planning and adaptive manage - ment of activities and investments in the Delta. With these revisions and additions, the Council will be bet - ter positioned to fulfill the legislatively required objec- tive of restoring the Delta ecosystem. The added

section 5005.1 would require certifying agencies to complete a new Appendix 3A, to disclose contributions for ecosystem function restoration and social benefits provided in the Delta and the disclo - sure of cultural, recreational, agricultural, and natural resource benefits anticipated from completion of the covered action. The benefits are greater transparency for the use of public funds while simultaneously al - lowing other agencies to make decisions regarding the greatest impact of restoration funding. The revision to

section 5006 would require agencies who are implementing a covered action in the Intertid- al Elevation Band and Sea Level Rise Accommodation Band to complete a new Appendix 4A and to explain how they will accommodate future marsh migration, anticipated sea level rise and tidal inundation. If the accommodation is not possible, an explanation for the exception would be required. The revisions also would require agencies to explain how the covered action is designed to safeguard against levee failure should the project take place in the Shallow Subtidal Elevation Band or the Deep Subtidal Elevation Band.

This re - vision focuses on regulating future impacts with an added safeguard to reduce flood risk in the Delta.

Section 5007 states that, within priority habitat res - toration areas, significant adverse impacts to the op - portunity to restore habitat would be required to be mitigated or avoided.

Section 5008 revisions would redefine the range of levees included in the regulation, depicted in a new Appendix 8A, while simultaneously updating and clarifying the language for new flood control work, permanent structural changes, or improvements in flood control functions, which would allow for future adaptations depending on Delta needs and climate changes. d. Existing State Regulations The Council has determined this proposed regula - tion is not inconsistent or incompatible with existing state regulations.

After conducting a review for any regulations that would relate to the subject of this no - tice, the Council has concluded that these are the only regulations that concerns the amendment and adop - tion of regulations relating to the ecosystem protection and management of the Sacramento–San Joaquin Del- ta Reform Act of 2009. V. EFFECT ON SMALL BUSINESS (Cal. Code Regs, title 1, § 4) The proposed regulatory action does not affect small business because the proposed regulations would not affect the ability of businesses in the state to compete by making it more costly to produce goods or services.

The proposed regulations do not require additional business reports or the use of specific technologies or equipment and may encourage the expansion of busi - nesses in the state. VI. DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION (Gov. Code, §§ 11346.5, subdivisions (a) (5), (a) (6), (a) (7), (a) (8), (a) (9), (a) (10), (a) (11), (a) (12); 11346.3 subdivisions (b), (d)) a. Mandate on Local Agencies and School Dis - tricts: None. b. Costs or Savings to Any State Agency: None beyond those budgeted or expected to be budget- ed by the Council. c. Costs to Any Local Agency or School District: None. d.

Nondiscretionary Costs or Savings Imposed on Local Agencies: None. e. Costs of Savings in Federal Funding to the State: None. f. Significant, Statewide Adverse Economic Im - pact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: None. g. Cost Impact on Representative Private Per - sons or Businesses: None. The agency is not aware of any cost impacts that a representative private person or business would necessarily in - cur in reasonable compliance with the proposed action. h. Results of the Economic Impact Analysis: i.

Creation or Elimination of Jobs With - in the State: The increase in State and lo - cal agency costs would result in an increase of 1.2 full–time equivalent (FTE) jobs in the state. The decrease in State and local agency costs would result in a decrease of 0.6 FTE jobs in the state. Therefore, the net employ -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 361 ment impact would be an increase of 0.6 FTE jobs. ii. Creations of New Businesses or the Elimi- nation of Existing Businesses Within the State: The economic impact of the proposed regulations would be an increase in spend - ing on professional services for environmen- tal consulting of $8,000 per covered action per year, an increase in spending on profes - sional services for engineering of $200,000 for two covered actions per year, and a de - crease in spending on professional services for engineering of $200,000 for two covered actions per year.

These impacts are not ex - pected to be substantial enough to result in the creation or elimination of businesses. iii. Expansion of Businesses Currently Doing Business Within the State: The net direct impact on businesses providing environ - mental consulting services would be an in - crease in revenue of $100,000 annually. The net direct impact on businesses providing professional services for engineering is $0. iv.

Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environ - ment: The proposed regulations would ben- efit the health and welfare of California resi- dents and protect the environment because they encourage actions that protect exist - ing ecosystems, restore ecosystems and en - hance working or urban landscapes that provide habitat resources to species. These approaches can reestablish ecological pro - cesses in natural communities to make them more resilient to land conversion and cli - mate change.

This proposed regulatory ac - tion will not affect worker safety. i. Effect on Housing Costs: None. j. Costs to Any Local Agency or School District That Must be Reimbursed in Accordance with Government Code sections 17500 through 17630, inclusive: None. k. Business Report: None. VII. CONSIDERATION OF ALTERNATIVES (Gov.

Code, § 11346.5, subdivision (a) (13)) The Council is required to determine that no rea - sonable alternative it considered or has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the regulatory action is proposed, would be effective and less burdensome to affected private persons that the regulatory action or would be more cost–effective to affected private persons and equally effective in im - plementing the statutory policy or other provision of law. VIII. CONTACT PERSON (Gov.

Code, § 11346.5, subdivision (a) (14)) Inquiries concerning all aspects of the rulemaking process, including the substance of the proposed regu- lations or other information upon which the rulemak - ing is based, should be directed to: Delta Stewardship Council Attention: Eva Bush 715 P Street, 15–300 Sacramento, CA 95814 ecosystemrulemaking@deltacouncil.ca.gov (916) 445–5511 Alternate contact: Bree Montague Bree.montague@deltacouncil.ca.gov IX. AVAILABILITY OF THE INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS AND RULEMAKING FILE (Gov.

Code, § 11346.5, subdivision (a) (16)) The entire rulemaking file is available for public in- spection on the Council’s website or by contacting the contact person listed above. To date, the rulemaking file consists of this notice, the initial statement of rea - sons, the economic and fiscal impact analysis, and the proposed text of the regulations. A copy of the pro - posed text and initial statement of reasons are avail - able at no charge by written request to the contact per- son listed above. The final statement of reasons will be available once it has been prepared. X.

AVAILABILITY OF CHANGED OR MODIFIED TEXT (Gov. Code, § 11346.5, subdivision (a) (18)) The Council, on its own motions or at the recom - mendation of any interested person, may amend the proposed text of the regulation after the public com - ment ends. If the Council amends its regulatory action, a com - parison of the original proposed text and the amend - ments will be prepared for an additional public com - ment period of not less than 15 days prior to the date on which the Council adopts, amends, or repeals the existing regulations.

A copy of the comparison will be emailed to all persons who submitted written com -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 362 ments or asked to be kept informed of the results of this regulatory action. XI. AVAILABILITY OF THE FINAL STATEMENT OF REASONS (Gov. Code, § 11346.5, subdivision (a) (19)) Upon completion, copies of the final statement of reasons may be obtained by contacting the contact person listed above. XII. INTERNET WEBSITE FOR ELECTRONIC PUBLICATION AND DISTRIBUTION (Gov.

Code, § 11346.5, subdivision (a) (20)) Copies of this notice, the initial statement of rea - sons, the text of the proposed regulations, and all ma - terials published or distributed by the Council on this regulatory action made be found at the Council’s web- site: www.deltacouncil.ca.gov. TITLE 24. BUILDING STANDARDS COMMISSION/ENERGY COMMISSION CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS 2025 BUILDING ENERGY EFFICIENCY STANDARDS CALIFORNIA CODE OF REGULATIONS, TITLE 24,

PART 1,

CHAPTER 10, AND

PART 6 (2025 CALIFORNIA ENERGY CODE) DOCKET NUMBER 24–BSTD–01 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to adopt changes to the Building Energy Efficiency Standards contained in the California Code of Regulations (CCR), Title 24,

Part 6 (also known as the California Energy Code) and associated administrative regulations in Title 24,

Part 1,

Chapter 10, after considering all recommendations, comments, and objections regarding the proposed ac - tion. A description of the proposed standards is pro - vided in the Informative Digest below. PUBLIC HEARING AND ADOPTION BY COMMISSION The CEC will hold a public hearing for the purpose of hearing comments on the proposed standards at the date and time listed below. Interested persons, or their authorized representative, may present oral and writ - ten statements, arguments, or contentions relevant to the proposed standards at the public hearing.

Public Hearing and Proposed Adoption Date August 14, 2024 10:00 a.m. (Pacific Time) REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password for the workshop listed below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 ext. 2, or the Office of the Public Advisor, Energy Equity, and Tribal Affairs at publicadvisor@energy.ca.gov or by phone at (916) 957–7910.

Link: https://zoom.us/ Meeting ID: 938 6923 0237 Passcode: mtg@10am To participate by telephone dial (213) 338–8477 or 1–888–475–4499 (toll free). When prompted, enter the Webinar ID and password listed above. To com - ment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Eq- uity, and Tribal Affairs provides the public assistance in participating in CEC proceedings.

For information on participation or to request interpreting services or reasonable accommodations, reach out via email at publicadvisor@energy.ca.gov, by phone at (916) 957–7910. Requests for interpreting services and rea - sonable accommodations should be made at least five days in advance. The CEC will work diligently to ac - commodate all requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Public Advisor’s office via email or phone. MEDIA INQUIRIES Direct media inquiries to the Media and Pub - lic Communications Office to (916) 654–4989 or mediaoffice@energy.ca.gov.

WRITTEN PUBLIC COMMENT PERIOD The written public comment period for the 2025 Building Energy Efficiency Standards will be held from March 29, 2024, through May 13, 2024 . Any

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 363 interested person, or their authorized representative, may submit written comments to the CEC for consid - eration on or prior to May 13, 2024. The CEC appre- ciates receiving written comments at the earliest pos - sible date. Comments submitted outside this comment period are considered untimely. The CEC may, but is not required to, respond to untimely comments. The CEC encourages use of its electronic com - menting system.

Visit the e–commenting page at https://www.energy.ca.gov/programs–and–topics/ programs/building–energy–efficiency–standards/ 2025–building–energy–efficiency, which links to the comment page for this docket. Enter your contact in - formation and a comment title describing the subject of your comment(s). Comments may be included in the “Comment Text” box or attached as a download - able, searchable document consistent with California Code of Regulations, Title 20, Section, 1208.1. The maximum files size allowed is 10 MB. Written comments may also be submitted by email.

Include docket number 24–BSTD–01 and “2025 En - ergy Code” in the subject line and email to docket@ energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 24–BSTD–01 715 P Street, MS–4 Sacramento, CA 95814 Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address) will become part of the public record of this proceeding with access available via any internet search engine.

To ensure you receive notice of any changes to the proposed regulatory changes in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding email subscriber list or provide a valid email or mailing address with your comments. POST–HEARING MODIFICATIONS TO THE TEXT OF THE REGULATIONS Pursuant to Government Code

Section 11346.8, following the written public comment period and the public hearing, the CEC may adopt the proposed building standards substantially as proposed in this notice or with modifications that are sufficiently relat- ed to the original proposed text and notice of proposed changes. If modifications are made, the full text of the proposed modifications, clearly indicated, will be made available to the public for at least 15 days prior to the date on which CEC adopts, amends, or repeals the regulation(s). The CEC will accept written com - ments on the modified building standards during the 15–day period.

AUTHORITY AND REFERENCE The CEC proposes to adopt the regulations under the authority granted by Public Resources Code Sections 25213, 25218, 25218.5, 25402, 25402.1, and 25605. The CEC proposes to implement, interpret, or make specific Public Resources Code Sections 21080.4, 21153, 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.5, 25402.8, 25605, 25910, 25942, and 25943, and Health and Safety Code Sections 18930, 18934, and 18935. INFORMATIVE DIGEST

Summary of Existing Laws, Regulations and Effect The Warren–Alquist Act (California Public Re - sources Code Sections 25001 et seq.) establishes the CEC as California’s primary energy policy and plan - ning agency. Public Resource Code Sections 25213, 25402, 25402.1, 25402.4, 25402.5, 25402.8, 25910, 25942, and 25943 mandate and/or authorize that the CEC adopt rules and regulations, as necessary, to re - duce the inefficient consumption of energy and water in newly constructed buildings and certain additions and alterations to existing buildings. One of the ways the CEC satisfies this requirement is through the California Energy Code (California Code of Regulations, Title 24,

Part 6) found in the California Building Standards Code, which are adopted pursuant to Health and Safety Code Sections 18930, 18934, and 18935 and, where applicable, the California Environ - mental Quality Act, California Public Resources Code Sections 21000 et seq. The Energy Code includes all the energy efficiency requirements applicable to new- ly constructed buildings and additions and alterations to existing buildings. As a portion of the California Building Code (Title 24), the Energy Code (Title 24,

Part 6) follows the same three–year update cycle. The CEC is initiating its next triennial rulemaking proceeding for updating the Energy Code, and the CEC proposes to adopt amendments for publication in 2024 with an effective date of January 1, 2026. The proposed amendments to the 2025 Energy Code would: ● Introduce prescriptive heat pump requirements for select nonresidential existing building types. ● Update prescriptive heat pump requirements, and associated performance baselines, for newly con- structed single–family, multifamily, and select nonresidential building types. ● Update solar photovoltaic system standards for residential, nonresidential and hotel and motel buildings.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 364 ● Update energy storage standards for high–rise residential, nonresidential, and hotel and motel buildings. ● Increase envelope efficiency standards for resi - dential and nonresidential buildings. ● Increase space conditioning system efficiency and control standards for residential and nonresi- dential buildings. ● Improve indoor air quality requirements for mul- tifamily buildings by requiring balanced or sup - ply–only ventilation systems and compartmental- ization leakage testing, as well as a prescriptive standard for energy/heat recovery ventilation sys- tems with a fault indicatory display. ● Introduce prescriptive heat pump requirements for individual domestic water heating systems serving individual dwelling units in low rise mul- tifamily buildings. ● Establish electric–ready requirements for multi - family domestic water heating systems. ● Simplify standards for multifamily buildings. ● Introduce options for improving efficiency of pool and spa water heating systems. ● Increase daylighting control requirements for nonresidential buildings. ● Increase efficiency standards for laboratories. ● Increase efficiency requirements for controlled environment horticulture buildings. ● Increase efficiency requirements for nonresiden - tial refrigeration systems. ● Establish industrial pipe insulation requirements. ● Establish electric–ready requirements for com - mercial kitchens. ● Relocate portions of the Alternative Calculation Method Approval Manual pertaining to the appli- cation, approval, updates, expiration, and decer - tification of third–party compliance software to Title 24,

Part 1. ● Relocate field verification and diagnostic testing requirements from Title 20 to Title 24,

Part 1. ● Make general improvements to the clarity and consistency of existing provisions. These amendments are significant to the State of California in that they support State clean energy goals, policies, and legislation. These amendments will increase the deployment and grid benefits of on– site renewable energy generation, increase flexibility of energy demand, reduce carbon emissions from new buildings (building decarbonization), reduce growth in energy demand, and ensure that California build - ings are as energy efficient as possible while also be - ing technically feasible and cost–effective.

Comparable Federal Statute or Regulations The CEC has determined that there are no existing comparable federal regulations or statutes. Policy Statement Overview The Energy Code helps create long–term econom - ic growth and stability by increasing the disposable income of Californians and California businesses in the longer term. The regulations will increase ener - gy efficiency savings in the state by carrying out the CEC’s statutory mandate to provide energy efficien - cy and conservation standards for newly constructed buildings and certain alterations and additions to ex - isting buildings.

By saving large amounts of energy, the standards will make a major contribution in meet - ing the state’s goals for reductions in greenhouse gas emissions. The CEC estimates that the implementation of the 2025 Energy Code will reduce anticipated statewide electricity demand. This will, in turn, result in a net re- duction in the emissions of greenhouse gases, nitrous oxide, sulfur oxides, carbon monoxide, and particu - late matter attributable to electricity generation and on–site combustion.

Improved air quality as a result of reduced emissions will result in health benefits to Californians and help mitigate costs related to health and other issues associated with climate change. The reduction in statewide electricity demand will also marginally decrease water consumption in the elec - tricity generation sector. EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The CEC has conducted an evaluation for other state regulations in this area and has determined that the proposed standards are neither inconsistent nor in- compatible with existing state regulations.

OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS None. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The CEC has determined that the proposed regula - tory action would not impose a new mandate on local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 365 ESTIMATE OF COST OR SAVINGS The CEC has prepared an estimate in accordance with instructions adopted by Department of Finance, of cost or savings to any state agency, local agency, or school district. A. Cost or savings to any state agency: Yes. Build- ings owned and occupied by state agencies are re- quired to comply with the standards. B. Cost to any local agency required to be reim - bursed under

Part 7 (commencing with Sec - tion 17500) of Division 4: Buildings owned or operated by local agencies are required to com - ply with the standards. However, costs of com - plying with the standards are not required to be reimbursed. C. Cost to any school district required to be re - imbursed under

Part 7 (commencing with Sec- tion 17500) of Division 4: School buildings are covered by the standards, and the administrative regulations of the Division of State Architect re - quire public school buildings to comply with the standards. However, costs of complying with the standards are not required to be reimbursed. D. Other nondiscretionary cost or savings im - posed on local agencies: None. E.

Cost or savings in federal funding to the state: While the CEC receives federal State Energy Program funding for the building standards pro - gram, the updates proposed to the standards do not alter or affect the state’s ongoing participation in federal State Energy Program.

INITIAL DETERMINATION OF NO SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESSES, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations are unlikely to have a statewide adverse economic impact directly affecting business, including the ability of California businesses to com - pete with businesses in other states.

Despite minor competitive impacts to California businesses in the short term, the long–term benefits of the proposed regulations will not disadvantage California business- es from competing with businesses in other states. On the contrary, California’s Energy Code is part of the California Building Standards Code and therefore, impact nearly all newly constructed buildings, as well as to specific additions and alterations to nearly all existing buildings. Therefore, the Energy Code may eventually impact all business in the state that own buildings.

While there are initial up–front costs im - posed by the Energy Code, there are significantly more lifetime savings to residents and businesses across the state who will experience lower energy costs and low- er overall costs of ownership. There are long–term savings that typically more than compensate for initial upfront costs by a signifi - cantly positive ratio. Past changes to the Energy Code continue to generate benefits. More simply, the Ener - gy Code helps create long–term economic growth and stability by increasing the disposable income of Cali - fornians and California businesses in the longer term.

These long–term benefits far outweigh the initial up - front costs and, therefore, California businesses are not disadvantaged in competing with businesses from other states by these regulations. Since the 1970s, Cal- ifornia has maintained a deep history of progressive environmental and energy regulations that also save consumers money. Additional facts, data, and evi - dence supporting this initial determination are includ - ed in the CEC’s Economic and Fiscal Analysis (STD. 399) and in the rulemaking docket.

DECLARATION OF EVIDENCE The basis for the CEC’s findings on economic im - pacts is that the standards are cost–effective, and therefore will have a beneficial economic impact on the owners and occupants of buildings built to comply with the standards. Evidence for the cost– effectiveness of the standards requirements is con - tained in the formal rulemaking docket. DOCUMENTS INCORPORATED BY REFERENCE The existing Energy Code incorporates a number of industry test standards by reference. The amendments proposed for the 2025 Energy Code include updates to these standards as needed to maintain currency.

The following documents are being incorporated by refer - ence into the Energy Code: AIR–CONDITIONING, HEATING AND REFRIGERATION INSTITUTE AHRI Standard 210/240–2023

(2020) Performance Rating of Unitary Air–Conditioning & Air– Source Heat Pump Equipment 2023 AHRI Standard 340/360–2022 (1–

P) Performance Rating of Commercial and Industrial Unitary Air–Conditioning and Heat Pump Equipment 2022 AHRI Standard 420–2023 (I–

P) Performance Rating of Forced–circulation Free–delivery Unit Cool - ers 2023 ANSI/AHRI Standard 550/590–2023 (I–

P) CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 366 Performance Rating of Water–Chilling Packages and Heat Pump Water–heating Packages Using the Vapor Compression Cycle 2023 AHRI Standard 560–2023 (I–

P) Performance Rat - ing of Water–cooled Lithium Bromide Absorp - tion Water–chilling and Water–heating Packages 2023 AHRI Standard 1060–2023 (I–

P) Performance Rating of Air–to–Air Exchangers for Energy Recovery Ventilation Equipment 2023 AHRI Standard 1240–2017 (R2023) (I–

P) Perfor - mance Rating of Active Chilled Beams 2017 AHRI Standard 1360–2022 (I–

P) Performance Rating of Computer and Data Processing Room Air Con- ditioners 2022 AIR–CONDITIONING CONTRACTORS OF AMERICA ANSI/ACCA 2 Manual S–2023 2023 Manual S — Residential Equipment Selection, Third Edition 2023 AAMA/WDMA/CSA AAMA/WDMA/CSA 101/1.S.2/A440:22 North American Fenestration Standard/Specification for Windows, Doors, and Skylights 2023 AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGENISTS 2023 TLVs and BEIs Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices 2023 AMERICAN NATIONAL STANDARDS INSTITUTE ANSI/AMCA Standard 220–21 Laboratory Methods of Testing Air Curtain Units for Aerodynamic Performance Rating 2021 ANSI/ASSP Z9.5–2022 Laboratory Ventilation 2022 ANSI/NEMA WD 6–2021 Wiring Devices — Di - mensional Specifications 2021 AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR–CONDITIONING ENGINEERS (NATIONAL PUBLICATIONS) ASHRAE GUIDELINE 36–2021 High–Performance Sequences of Operation for HVAC Systems 2021 ANSI/ASHRAE Standard 55–2023 Thermal Environ- ment Conditions for Human Occupancy 2023 ANSI/ASHRAE Standard 62.1–2022 Ventilation and Acceptable Indoor Air Quality 2022 ANSI/ASHRAE Standard 62.2–2022 Ventilation and Acceptable Indoor Air Quality in Residential Buildings 2022 ANSI/ASHRAE 84–2020 Method of Testing Air–to– Air Heat/Energy Exchanger 2020 ANSI–ASHRAE 90.1–2022 Energy Standard for Buildings Except Low–Rise Residential Build - ings 2022 ANSI/ASHRAE Standard 154–2022 Ventilation for Commercial Cooking Operations 2022 ASHRAE Handbooks 2023 ASHRAE Handbook — HVAC Applications (I– P) 2023 2020 ASHRAE Handbook — HVAC Systems and Equipment (I–P) 2020 2021 ASHRAE Handbook — Fundamentals (I–

P) Fundamentals (I–P) 2021 AMERICAN SOCIETY OF MECHANICAL ENGINEERS ASME A17.1–2019/CSA B44:22 Safety Code for El - evators and Escalators 2022 AMERICAN SOCIETY FOR TESTING AND MATERIALS/ASTM INTERNATIONAL ASTM C55–22 Standard Specifications for Concrete Building Brick 2022 ASTM C335/C335M–23 Standard Test Method for Steady–State Heat Transfer Properties of Hori - zontal Pipe Insulation 2023 ASTM C518–21 Standard Test Method for Steady– State Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus 2021 ASTM C731–15(2022) Standard Test Method for Ex- trudability, After Package Aging, of Latex Seal - ants 2022 ASTM C732–22 Standard Test Method for Aging Ef- fects of Artificial Weathering on Latex Sealants 2022 ASTM C836/C836M–18(2022) Standard Specification for High Solids Content, Cold Liquid–Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course 2022 ASTM C1167–22 Standard Specification for Clay Roof Tiles 2022 ASTM C1492–22 Standard Specification for Concrete Roof Tile 2022 ASTM C1549–16(2022) Standard Test Method for De- termination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectom - eter 2022 ASTM C1583/C1583M–20 Standard Test Method for Tensile Strength of Concrete Surfaces and the Bond Strength or Tensile Strength of Concrete Repair and Overlay Materials by Direct Tension (Pull–off Method) ASTM D448–12(2022) Standard Classification for Sizes of Aggregate for Road and Bridge Con - struction 2022

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 13–Z 367 ASTM D522/D522M–17(2022) Standard Test Meth - ods for Mandrel Bend Test of Attached Organic Coatings 2022 ASTM D822/D822M–13(2018) Standard Practice for Filtered Open–Flame Carbon–Arc Exposures of Paint and Related Coatings ASTM D2202–00(2023) Standard Test Method for Slump of Sealants 2023 ASTM D3805/D3805M–16(2023) Standard Guide for Application of Aluminum–Pigmented Asphalt Roof Coatings 2023 ASTM D5870–22 Standard