GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2025, NUMBER 20–Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW M AY 16, 2025 PROPOSED ACTION ON REGULATIONS TITLE 2. DEP ARTMENT OF GENERAL SERVICES Conflict–of–Interest Code — Notice File Number Z2025–0506–02 ......................................... 605 TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2025–0506–03 ......................................... 606 AMENDMENT MULTI–COUNTY: San Joaquin V alley Unified Air Pollution Control District Nevada Irrigation District Tulare County Office of Education TITLE 3. DEP ARTMENT OF PESTICIDE REGULATION Groundwater Protection List — Notice File Number Z2025–0506–06 ....................................... 607 TITLE 4. GAMBLING CONTROL COMMISSION Annual Fee: Phase II — Notice File Number Z2025–0430–01 ............................................. 610 TITLE 4.

SCHOOL FINANCE AUTHORITY State Charter School Facilities Incentive Grants Program — Notice File Number Z2025–0506–04 ............... 616 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD Case Processing Procedures — Notice File Number Z2025–0430–02 ....................................... 620 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulations 1005, 1007, 1008, 1059 – Instructor’ s Guide to Learning Activities — Notice File Number Z2025–0502–01 ................................................................. 626 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Commission Regulations 1005, 1007, 1008, 1059 — Training and Testing — Notice File Number Z2025–0501–01 ................................................................................. 628 (Continued on next page) Time- Dated Material

TITLE 22. DEPARTMENT OF TOXIC SUBSTANCES CONTROL Industrial Ethyl Alcohol Exemption — Notice File Number Z2025–0502–02 ................................. 630 GENERAL PUBLIC INTEREST FISH AND GAME COMMISSION Notice of Findings of Candidacy — M. Manzanita ...................................................... 635 FISH AND GAME COMMISSION Notice of Receipt of Petition — P . Pocket Mouse ........................................................ 635 RULEMAKING PETITION DECISION DEPARTMENT OF CORRECTIONS AND REHABILITATION Notice of Decision on Petition from Frederick Everts Concerning Amending Regulations ....................... 636

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 636 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER 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 $409.00 (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 2025, VOLUME NUMBER 20–Z 605 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. DEPARTMENT OF GENERAL SERVICES CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Department of General Services , pursuant to the authority vested in it by

section 87306 of the Government Code, pro- poses amendment to its conflict–of–interest code. A comment period has been established commencing on May 23, 2025, and closing on July 7, 2025. All inqui- ries should be directed to the contact listed below. The Department of General Services proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

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

Changes to the conflict–of–interest code include the following modifications to designated positions re- quired to file a Statement of Economic Interests (Form 700): ● Removed positions for the following offices: ○ Administration Division: Enterprise Tech- nology Solutions ○ Administration Division: Office of Business and Acquisition Services ○ Executive Office: Office of Legal Services ○ Real Estate Services Division: Construc- tion Services Inspection and Management Branch ● Addition of positions for the following offices: ○ Administration Division: Enterprise Tech- nology Solutions ○ Administration Division: Office of Fiscal Services ○ Administration Division: Office of Human Resources ○ Administration Division: Office of Training and Administrative Standards ○ Administration Division: Office of Risk and Insurance Management ○ Executive Office: Office of Enterprise Plan- ning and Inclusiveness ○ Executive Office: Office of Legal Services ○ Executive Office: Office of Public Affairs ○ Interagency Support Division ○ Interagency Support Division: Office of Fleet and Asset Management ○ Interagency Support Division: Office of Public School Construction ○ Interagency Support Division: Office of State Publishing ○ Procurement Division: Procurement Opera- tions Branch ○ Procurement Division: Acquisitions Branch ○ Procurement Division: Office of Small Busi- ness and Disabled Veteran Business Enter- prise (DVBE) Services ○ Procurement Division: Engineering Branch ○ Procurement Division: Policy, Training and Customer Services Branch ○ Real Estate Services Division: Asset Man- agement Branch ○ Real Estate Services Division: Project Man- agement and Development Branch ○ Division of the State Architect ○ Facilities Management Division: Adminis- trative

Section ○ Facilities Management Division: Facilities Services Branch ○ Office of Administrative Hearings ● Removed the following offices that are no longer part of the department or have been reorganized into another office: ○ Administration Division: Administration

Section ○ Administration Division: Business Services

Section ○ Administration Division: Office of Strategic Planning, Policy, and Research ○ Procurement Division: Technology Acquisi- tions Branch ○ Real Estate Services Division: Project Man- agement and Development Branch — Spe- cial Programs

Section ○ Real Estate Services Division: Construction Services Branch ● Added the following offices to align with current organizational structure: ○ Executive Office: Office of Sustainability

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 606 ○ Facilities Management Division: Adminis- trative

Section ○ Facilities Management Division: Operations Branch ○ Facilities Management Division: Facilities Services Branch ● Revision and deletion of designated positions to align with current organizational structure. ● Revision of assigned disclosure categories for multiple positions. ● Added new Disclosure Category 4. and also makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com- ments relating to the proposed amendment by sub- mitting them no later than July 7, 2025, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched- uled. A person may request a hearing no later than June 20, 2025. The Department of General Services has deter- mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amend- ment and any communication required by this no- tice should be directed to: Candice Christopherson, Staff Services Manager I (Specialist), 279–799–4568, Form700@dgs.ca.gov. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po- litical Practices Commission, pursuant to the au- thority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of–interest codes, will review the proposed/ amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY : San Joaquin Valley Unified Air Pollution Control District Nevada Irrigation District Tulare County Office of Education A written comment period has been established commencing on May 16, 2025, and closing on June 30, 2025.

Written comments should be directed to the Fair Political Practices Commission, Attention: Andrea Spiller Hernandez, 1102 Q Street, Suite 3050, Sacra- mento, California 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for their review, unless any interested person or their duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hear- ing before the full Commission.

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

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

Any written com- ments must be received no later than June 30, 2025. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 607 EFFECT ON HOUSING COSTS AND BUSINESSES Compliance w ith t he c odes h as n o p otential e ffect on h ousing c osts o r o n p rivate p ersons, b usinesses, o r small b usinesses. AUTHORITY Government C ode S ections 8 2011, 8 7303 a nd 87304 p rovide t hat t he F air P olitical P ractices C om- mission a s t he c ode–reviewing b ody f or t he ab ove conflict–of–interest c odes s hall a pprove c odes a s s ub- mitted, r evise t he p roposed c ode, a nd a pprove i t a s r e- vised, o r r eturn t he p roposed c ode f or r evision a nd re–submission.

REFERENCE Government C ode S ections 8 7300 a nd 8 7306 provide t hat ag encies s hall a dopt a nd p romulgate conflict–of–interest c odes p ursuant t o t he P olitical R e- form A ct a nd a mend t heir c odes w hen c hange is n e- cessitated by changed circumstances. CONTACT Any i nquiries c oncerning t he p roposed conflict–of–interest c odes s hould b e m ade t o A ndrea Spiller H ernandez, F air P olitical P ractices C ommis- sion, 1 102 Q S treet, S uite 3 050, S acramento, C alifor- nia 95811, or email aspiller–hernandez@fppc.ca.gov.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies o f t he p roposed c onflict–of–interest c odes may b e o btained f rom t he C ommission o ffices o r t he respective ag ency. R equests f or c opies f rom t he C om- mission s hould b e m ade t o A ndrea S piller H ernandez, Fair P olitical P ractices C ommission, 1 102 Q S treet, Suite 3 050, S acramento, C alifornia 9 5811, o r e mail aspiller–hernandez@fppc.ca.gov. TITLE 3.

D EPARTMENT OF PESTICIDE REGULATION GROUNDWATER PROTECTION LIST DPR REGULATION NUMBER 25–002 The D epartment o f P esticide R egulation ( DPR) p ro- poses to adopt Title 3, California Code of Regulations (3 C CR) se ction 6 805, a mend se ctions 66 22, 66 24, a nd 6800, a nd r epeal se ction 6 804. T he p esticide r egulato- ry p rogram a ctivities t hat w ill b e a ffected b y t he p ro- posal a re t hose p ertaining t o g roundwater p rotection and p esticide u se r eporting.

I n s ummary, t he p roposed action up date t he l ist o f p esticides t hat h ave t he p oten- tial t o p ollute g roundwater; r emove p esticides u nlike- ly t o p ollute g roundwater; r eplace t he s pecific n umer- ical v alues f or d etermining w hat p esticides h ave t he potential t o p ollute g roundwater w ith a n ew m ultivar- iate m ethod; s pecify w hich p esticides h ave h ad a h ear- ing a s d escribed i n F ood a nd A gricultural C ode ( FAC)

section 1 3150(b); a nd m ake a ligning c hanges t o o per- ator i dentification n umber a nd p esticide u se r eporting requirements. SUBMITTAL OF COMMENTS Any i nterested p erson m ay p resent c omments i n writing ab out t he p roposed a ction t o t he ag ency c on- tact p erson n amed b elow. D PR w ill a ccept w ritten comments t hat a re s ubmitted v ia U .S. m ail a nd p ost- marked n o l ater t han J une 3 0, 2 025.

C omments r e- garding t his p roposed a ction t hat a re t ransmitted via S martComment o nline p ublic c omment p ortal a t <https://cdpr.commentinput.com?id=eSGhWfV8b> o r by facsimile at 916–324–1491 must be received no lat- er than June 30, 2025. A p ublic h earing is n ot s cheduled. H owever, o ne will b e s cheduled i f a ny i nterested p erson s ubmits a written r equest t o D PR n o l ater t han 1 5 d ays p rior t o the close of the written comment period. 1 EFFECT ON SMALL BUSINESS DPR h as d etermined t hat t he p roposed r egulatory action does affect small businesses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The P esticide C ontamination P revention A ct ( Act) (Statutes of 1985,

Chapter 1298,

section 1) added FAC sections 1 3141 t hrough 1 3152 a nd w as c reated t o p re- vent p esticide p ollution o f C alifornia’s g roundwa- ter a quifers t hat m ay b e u sed f or d rinking w ater s up- plies. P ursuant t o t he A ct, s pecifically F AC se ction 13145(d), D PR a dopted 3 C CR se ction 6 800 e stablish- ing t he G roundwater P rotection L ist ( GWPL), w hich consists o f a ctive i ngredients t hat, w hen a pplied, h ave the p otential t o p ollute g roundwater.

P esticides l isted on t he G WPL a re s ubject t o a dditional r equirements that a re i ntended t o p revent e nvironmental i mpacts, such a s m onitoring b y D PR t o d etermine w hether l ist- ed p esticides h ave m igrated t o g roundwater. P esticide use m ust a lso b e r eported t o t he D irector p ursuant t o 1 I f y ou h ave s pecial a ccommodation o r l anguage n eeds, p lease include t his i n y our r equest f or a p ublic h earing. T TY/TDD speech–to–speech u sers m ay d ial 7 –1–1 f or t he C alifornia R elay Service.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 608 FAC

section 12979. In addition, the use of preemer- gent herbicides, including those on this list, is prohib- ited within 100 feet of an unprotected well (3 CCR

section 6609). The Act also required DPR to establish specific nu- merical values (SNVs) for physicochemical and envi- ronmental fate characteristics, and ensure the SNVs are as stringent as values established the United States Environmental Protection Agency. These SNVs de- termine what pesticides have the potential to pollute groundwater and were set by comparing pesticides that had been sampled and found in groundwater due to agricultural use (“leachers”) to pesticides that had been sampled and not found in groundwater due to ag- ricultural use (“nonleachers”).

Exceedance of these SNVs, coupled with qualifying label language, would warrant the addition of the active ingredient to the GWPL. The SNVs also determine what new pesticide registration packages are routed to DPR’s Groundwa- ter Protection Program for further review. SNVs were established by DPR in 1991 and have not been updated since that time. In 2015, Senate Bill 1117 (SB 1117) (Stats. 2014,

Chapter 626) amended FAC

section 13145, provid- ing DPR with the flexibility to revise the method used to identify potential groundwater pollutants. Prior to the enactment of SB 1117, FAC

section 13145 required DPR to list chemicals in agricultural use pesticides that met the SNV criteria in

section 6800(b), provided they were labeled for use under certain conditions. As a result of the amendments in SB 1117 and as directed by FAC

section 13145(e), the GWPL shall now be up- dated via a new peer reviewed method, using SNVs as stringent as the values being used by U.S. EPA. How- ever, U.S. EPA does not currently use SNVs or thresh- old values in their pesticide risk assessments. Since there are no federally established values, DPR devel- oped the peer reviewed method as a practical, compre- hensible model that would perform significantly better at identifying potential groundwater pollutants when compared to the current SNV approach. Additionally, SB 1117 amended the Act concerning pesticide degra- dates in two distinct ways.

First, degradates could now be considered for inclusion on the GWPL; previously, the Act only considered the pesticide active ingredi- ent. Second, detections in groundwater of degradates from legal agricultural use can trigger an investigation and determination pursuant to FAC

section 13149(b). Previously, degradates only triggered that section, and the subsequent hearing in FAC

section 13150(b), if they posed a threat to public health. This change holds the detections of active ingredients and degradates to the same standard for purposes of triggering FAC sec- tion 13149(b). The proposed action will replace the use of SNVs and qualifying label language as a method to deter- mine whether an active ingredient should be added to the GWPL with a new, more accurate peer reviewed method (ML V procedure) to identify pesticide active ingredients and degradates that have the potential to pollute groundwater.

Additionally, the proposed reg- ulation updates the chemicals listed on the GWPL by amending language to be inclusive of active ingredi- ents and their degradation products, including their salts and esters; reorganizing the GWPL into three sections so it is more easily identifiable by members of the public which active ingredients have been through the Pesticide Contamination Prevention Act (PCPA) hearing process and require continued monitoring but did not require mitigation or cancellation; and updat- ing the list to remove redundancies, remove chemi- cals that are unlikely to pollute groundwater, and add pesticides that have been found to have the potential to pollute groundwater.

Additionally, as a result of the reorganization to the GWPL, the proposed action will amend cross–references to

section 6800 in sec- tions 6622 and 6624, relating to operator identifica- tion number and pesticide use reporting requirements, respectively. The broad objective of the proposed action is to pre- vent pesticide pollution of California’s groundwater aquifers that may be used for drinking water supplies in residences or places of employment.

By updating the GWPL with new pesticides, and removing pesticides that are no longer registered or are not considered a threat to groundwater, ensures that DPR’s groundwa- ter monitoring program is focused on registered pesti- cides that have the greatest potential to pollute ground- water and allows DPR to focus sampling resources on pesticides that are the greatest threats to groundwater, which will provide a benefit to the health and welfare of California residents and the environment.

During the process of developing these proposed regulations, DPR conducted a search of any similar regulations on this topic and has concluded that these proposed regulations are neither inconsistent nor in- compatible with existing state regulations. DPR is the only agency that has the authority to regulate the use of pesticides. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac- tion does not impose a mandate on local agencies or school districts.

DPR also determined that there are no costs to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 609 OTHER NONDISCRETIONARY COST OR SAVINGS IMPOSED UPON LOCAL AGENCIES There are no other nondiscretionary costs or sav- ings imposed upon local agencies that are expected to result from the proposed regulatory action. How- ever, DPR has determined that some nondiscretion- ary costs or savings imposed upon school districts may result from the proposed regulatory action. Since 2015, public school staff are required to report appli- cations of most pesticides directly to DPR as required by the Healthy Schools Act of 2000.

School districts are also required to report applications, including ap- plications of pesticides currently listed in 3 CCR sec- tion 6800(b), monthly to their local county agricultur- al commissioner. Although some school districts rely exclusively on licensed pest control businesses for all pesticide applications, many rely on their staff to re- port their pesticide use and those school districts may be affected by the proposed action. DPR estimates that an affected school district may incur initial and annu- al costs of $50 to $87.50.

For the current year and two subsequent fiscal years, the total costs may range from $72,330 to $126,578. COSTS OR SAVINGS TO STATE AGENCIES DPR determined that no savings or increased costs to any state agency will result from the proposed reg- ulatory action. EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder- al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR made an initial determination that the pro- posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR made an initial determination that adoption of this regulation will not have a significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES FAC

section 13145(

g) requires use reporting by per- sons who apply pesticides included in the GWPL but who do not otherwise report their applications. This requirement is clarified by 3 CCR sections 6624(a) (5) and 6627 to require recordkeeping and reporting by persons who use pesticides currently included in sub-

section (

b) of the GWPL for any outdoor institution or outdoor industrial use. In reasonable compliance with the proposed action, business or individuals who use outdoor industrial or outdoor institutional pesticides and who are not otherwise required to report their pesticide use are anticipated to incur costs. DPR esti- mates an affected business or individual may incur ini- tial and annual costs ranging from $80 to $140. Over a 5–year lifetime, the total costs are estimated to range from $159,800 to $279,650.

BUSINESS REPORTING REQUIREMENT It is necessary for the health, safety, or welfare of the people of the state that the regulation which requires a report apply to businesses. RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR determined it is not likely the proposed regulatory action will impact the cre- ation or elimination of jobs, the creation of new busi- nesses or the elimination of existing businesses, or the expansion of businesses currently doing business with the State of California due to additional report- ing requirements.

The Pesticide Contamination Prevention Act is in- tended to prevent pesticide pollution of California’s groundwater aquifers that may be used for drinking water supplies in residences or places of employment. Updating the Groundwater Protection List (GWPL) to add new pesticides ensures that DPR’s groundwa- ter monitoring program is focused on those registered pesticides that have the greatest potential to pollute groundwater.

Removing pesticides from this list that are no longer registered or are not considered a threat groundwater allows DPR to focus sampling resources on pesticides that are the greatest threats to groundwa- ter. As stated above, the updated GWPL will provide a benefit to the health and welfare of California resi- dents and the environment. CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 610 identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effec- tive and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law. AUTHORITY This regulatory action is taken pursuant to the au- thority vested by FAC sections 11456 and 13145.

REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 13144, 13145, 13149, and 13150. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the propos- al is based, and a rulemaking file. A copy of the Ini- tial Statement of Reasons and the proposed text of the regulations may be obtained from the agency contact person named in this notice.

The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulations permanent if they remain sub- stantially the same as described in the Informative Di- gest. If DPR does make substantial changes to the reg- ulation, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod- ified text should be addressed to the agency contact person named in this notice.

DPR will accept written comments on any changes for 15 days after the modi- fied text is made available. AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulations; and inquiries regarding the rulemaking file may be direct- ed to: Lauren Otani, Regulations Coordinator Department of Pesticide Regulation 1001 I Street, P .O.

Box 4015 Sacramento, California 95812–4015 916 – 445 –5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per- son at the same address as noted below: Rick Bergin, Senior Environmental Scientist Environmental Monitoring Branch 916 –324 – 0827 This Notice of Proposed Action, the Initial State- ment of Reasons, and the proposed text of the regula- tions are also available on DPR’s Internet Home Page <http://www.cdpr.ca.gov>.

Upon request, the docu- ments can be made available in another language, or an alternate form as a disability–related accommodation. AVAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons mandated by Government Code sec- tion 11346.9(

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at <http://www.cdpr.ca.gov>. TITLE 4. GAMBLING CONTROL COMMISSION ANNUAL FEE: PHASE II CGCC–GCA–2025–01–R NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Gambling Control Commission (Commission) is proposing to take the action described in the Infor- mative Digest after consideration of all relevant pub- lic comments, objections, and recommendations re- ceived concerning the proposed action.

Comments, objections, and recommendations may be submitted as follows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period, which closes on June 30, 2025. Written comments rel- evant to the proposed regulatory action may be sent by mail, facsimile, or email, directed to one of the indi- viduals designated in this notice as a contact person.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 611 To b e e ligible f or t he C ommission’s c onsideration, a ll written c omments m ust b e received at its office no later than June 30, 2025. Comments sent to persons and/or addresses other than those specified under Contact Persons, or received after the date spec - ified above, will be included in the record of this proposed regulatory action, but will not be sum- marized or responded to regardless of the manner of transmission. PUBLIC HEARING The C ommission h as n ot s cheduled a p ublic h earing on t his m atter.

A ny i nterested p erson, o r t heir a utho- rized r epresentative, m ay r equest a h earing p ursuant to G overnment C ode se ction 1 1346.8. A r equest f or a hearing s hould b e d irected t o t he p erson(

s) l isted u n- der Contact P ersons n o l ater t han 1 5 d ays p rior t o t he close of the written comment period. ADOPTION OF PROPOSED ACTION After t he c lose o f t he p ublic c omment p eriod, t he Commission, up on i ts o wn m otion o r a t t he i nstance of a ny i nterested pa rty, m ay t hereafter f ormally a dopt the p roposals s ubstantially a s d escribed b elow o r m ay modify s uch p roposals i f s uch m odifications a re s uf- ficiently r elated t o t he o riginal t ext.

W ith t he e xcep- tion o f t echnical o r g rammatical c hanges, t he f ull t ext of a ny m odified p roposal w ill b e a vailable f or 1 5 d ays prior t o i ts a doption f rom t he p erson d esignated i n t his Notice a s p rimary c ontact p erson a nd w ill b e m ailed to t hose p ersons w ho s ubmit o ral o r w ritten t estimony related t o t his p roposal o r w ho h ave r equested n otifi- cation of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant t o t he a uthority v ested b y se ctions 1 9811(b), 19823, 19 824, 19 826, 19 840, 19 841, 19 876(a), 19 951, 19954, 1 9955 a nd 1 9984 o f t he B usiness a nd P rofes- sions C ode; a nd t o i mplement, i nterpret o r m ake s pe- cific se ctions 1 9826, 1 9841, 1 9951, a nd 1 9984 o f t he Business a nd P rofessions C ode, t he C ommission is proposing t o a dopt t he f ollowing c hanges t o C hapters 3 a nd 7 o f D ivision 1 8 o f T itle 4 o f t he C alifornia C ode of R egulations: INFORMATIVE DIGEST AND POLICY STATEMENT Introduction: The C alifornia G ambling C ontrol C ommission (Commission) is t he s tate ag ency c harged w ith t he administration a nd i mplementation o f t he G ambling Control Ac t ( Act). 1 T he C ommission is a uthorized t o adopt regulations as necessary to implement the Act.

In 2 022 a nd 2 023, t he C ommission a dopted a nnual fee a mounts f or T hird–Party P roposition P layer S er- vices (T PPPS) b usiness l icensees 2 a nd ca rdroom b usi- ness l icensees. 3 T hose a nnual fe e a mounts w ere b ased on a c ost a nd f ee a nalysis t hat u tilized p oint–in–time workload d ata a nd fi scal i nformation f rom t he C om- mission a nd t he D epartment o f J ustice ( DOJ), a nd i n- formation c ollected f rom t he i ndustry.

D uring t he i m- plementation o f t he a nnual f ee, t here w as s ome c on- fusion o n h ow t he a nnual f ee ca lculations w ere a p- plied t o ca rdroom b usiness l icensees a nd T PPPS b usi- ness l icensees a fter t he t ransfer o r s ale o f t he b usi- ness l icensee o r i ts e ntire ga ming o peration o r T PPPS operation. The C ommission is p roposing r egulations t o c lari- fy t hat w hen t here is a t otal c hange i n o wnership o r sale o f t he e ntire ga ming o r T PPPS o peration, t he n ew owner’s a nnual f ees w ill b e d etermined u sing h istor- ical r evenue d ata f or t hat o peration.

A dditionally, i n the ca se o f a t otal c hange i n o wnership o r t ransfer o r sale o f t he e ntire ga ming o r T PPPS o peration, c ertain record k eeping r equirements a pplicable t o t hat o pera- tion must be transferred to and adhered to by the new business l icensee. Existing Law: Business a nd P rofessions C ode ( BPC) se ction 1 9824 provides t hat t he C ommission s hall h ave a ll p owers necessary a nd p roper t o en able i t f ully a nd e ffectually to carry out the policies and purposes of the Act.

BPC se ction 1 9826 p rovides t he r esponsibilities o f the D OJ, i ncluding t o r eceive a nd p rocess a pplications for a ny l icense, p ermit, o r o ther a pproval, a nd t o c ol- lect all related fees. BPC se ction 1 9840 p rovides t hat t he C ommission may a dopt r egulations f or t he a dministration a nd e n- forcement o f t he A ct. A dditionally, t he C ommission’s regulations, t o t he e xtent a ppropriate, s hall t ake i nto consideration t he o perational d ifferences o f l arge a nd small b usinesses.

BPC se ction 1 9841 p rovides a l ist o f r egulations t hat the C ommission m ust a dopt, i ncluding r egulations prescribing t he m anner a nd m ethod o f c ollection a nd payment o f f ees a nd i mplementing t he p rovisions o f the Act relating to licensing and other approvals.

BPC se ction 1 9951 p rovides t hat t he C ommission may c ollect f ees s ufficient t o f und t he r easonable r eg- ulatory e xpenditures o f t he D OJ a nd C ommission t o fully ca rry o ut t heir d uties a nd r esponsibilities u nder the Act. 1 B usiness a nd P rofessions C ode, D ivision 8 , C hapter 5 , s ection 19800 et seq. 2 OAL Matter Number 2022–1021–06. 3 OAL Matter Number 2023–0306–03.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 612 BPC

section 19955 provides that if an owner licens- ee fails to make timely payments under BPC

section 19951(b) (2), the Commission may order the temporary closure of the gambling establishment and if the fees remain unpaid after 90 days, the Commission may deem the license surrendered. BPC

section 19984 provides that the Commission shall establish regulations related to TPPPS, including the establishment of reasonable fees and deposits as necessary to defray the costs of providing regulation and oversight. Effect of Regulatory Action: This proposed action provides clarification on what requirements must be maintained and how annual fees are calculated by the new owner when a cardroom business licensee or TPPPS business licensee are sold.

Anticipated Benefits of Proposed Regulation: The proposed regulations are anticipated to provide clarity on how the annual fee process works in con- junction with the sale, assignment, transfer, pledge, hypothecation, or other disposition of a cardroom business licensee or TPPPS business licensee and en- sure that required records are maintained and neces- sary fees collected. Specific Proposal: This proposed action will make changes within the California Code of Regulations, Title 4, Division 18 as follows:

Chapter 1. General Provisions.

Article 1.

Definitions and General Provisions Amend

Section 12002. General

Definitions.

Section 12002 provides general

definitions for over- all use in this division. The Commission is propos- ing six new

definitions to this section. These defini- tions are combined from existing

definitions currently in Sections 12250 and 12360. Additionally, one new definition is proposed and all other

definitions renum- bered as appropriate. Subsection (

a) provides the definition of “ Active Licensee” to mean a cardroom business licensee or TPPPS business licensee who has generated revenue for at least the last year as reported pursuant to Sec- tion 12313. Subsection (

e) provides the definition of “ Annual Fee” to mean the amount that a licensee is required to pay to cover Non–Application Costs, pursuant to Sec- tion 12094. Subsection (

f) provides the definition of “ Applica- tion Cost” to mean all costs, including the deposit, re- lated to the processing of an application. Subsection (am) provides the definition of “Non–Application Costs” to all costs other than Ap- plication Costs borne by the Commission, Depart- ment of Justice, and all other State operations expen- ditures for the administration and enforcement of the Act. One non–substantive amendment has been made, to make the definition plural but adding an ‘s’ at the end of ‘cost’ .

Subsection (an) provides the definition of “Non–Operational Licensee” to mean a cardroom business licensee or TPPPS business licensee that maintains a valid cardroom business license or TPPPS business license and has not generated revenue in the past year as reported pursuant to

Section 12313. The definition has been amended to include language that provides clarification that in the event of a sale, assign- ment, transfer, pledge, hypothecation, or other dispo- sition of a cardroom business licensee or its entire gambling operation, or TPPPS business licensee or its entire operation, the consideration of the past year’s revenue data will be based on the transferor and the transferee’s combined consecutive gross revenue.

Subsection (at) provides the definition of “Surren- dered or Revoked Licensee” to mean a former card- room business licensee or TPPPS business licens- ee who stopped operating and ceased to maintain a TPPPS business license prior to August 31 of the year the invoices are created. No amendment has been made except to have the new definition reference both cardroom business licensees and TPPPS business licensees. Subsection (bc) is added to provide a definition for “TPPPS operation” to mean the totality of TPPPS con- ducted by a single TPPPS business licensee with one or more cardroom business licensees.

Subsection (ax), renumbered to (be), provides the definition for “TPPPS supervisor license” to mean a license issued to a natural person employed in a su- pervisory capacity by a TPPPS business licensee. The phrase “TPPPS operations” is modified to “TPPPS activities.” Subsection (ay), renumbered to (bf), provides the definition for “TPPPS worker license” to mean a license issued to a natural person employed in a non–supervisory capacity by a TPPPS business licensee. The phrase “TPPPS operations” is modified to “TPPPS activities.” Amend

Section 12003. General Requirements.

Section 12003 provides general requirements for the Commission’s regulations, including a requirement that records be maintained for a specified period, most often a minimum of five years. Proposed paragraph (2) of subsection (

b) would add the requirement that during the transaction for the sale, assignment, transfer, pledge, hypothecation, or other disposition of a cardroom business licensee or the entirety of its gambling operation or a TPPPS busi- ness licensee or the entirety of its TPPPS operation, that the parties to the transaction must ensure that the required maintenance of records is continued through and after the transaction.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 613

Article 4. Fees. Adopt

Section 12091. Annual Fees in Transactions.

Section 12091 provides that during the transac- tion for the sale, assignment, transfer, pledge, hypoth- ecation, or other disposition of a cardroom business licensee or the entirety of its gambling operation or a TPPPS business licensee or the entirety of its TPPPS operation, the transaction must provide for and ensure the payment of all required annual fees. Adopt

Section 12092. Annual Fee.

Section 12092 provides the process and timelines for a cardroom business licensee or TPPPS business licensee to submit their annual fee. The current provi- sion mirrors former Sections 12252 and 12368, except as described below. Subsection (

a) provides that no later than October 5 of each year an invoice in an amount determined by the Commission pursuant to

Section 12094 will be sent by the Bureau to each cardroom business licensee and TPPPS business licensee. Subsection (

b) provides that the annual fee may be paid in installments if the cardroom business licensee or TPPPS business licensee submits a written request to the Bureau within 30 calendar days from the date the invoice was mailed. Subsection (

c) provides that a request for installment payments is to be considered approved unless, with- in 14 calendar days of receiving the request, the Bu- reau determines and notifies the cardroom business licensee or TPPPS business licensee that it has been disapproved. If not disapproved, cardroom business licensee or TPPPS business licensee will provide its payments January 5, April 5, and June 30 of the pay- ment year. If disapproved, or if not requested, the en- tire amount will be considered delinquent if not paid by January 5. Subsection (

d) provides that the cardroom business license or TPPPS business license certificate will not be issued until the Bureau has received the annual fees, or has approved the business licensee for install- ment payments. Subsection (

e) provides that any renewal applica- tion for a cardroom business licensee or TPPPS busi- ness licensee not be approved if the cardroom business licensee or TPPPS business licensee has any outstand- ing annual fees. Subsection (

f) provides that no application for a con- tract may be approved by the Bureau for a TPPPS to operate in this cardroom until any delinquent annual fees have been paid in full. Subsection (

g) provides the invoice amounts for cardroom business licensees and TPPPS business li- censes when they first receive their licenses. ● Paragraph (1) is amended to refer to the issuance of “an initial license or first temporary license” instead of the “first issuance of a license.” ● Paragraph (1) provides that upon the issuance of an initial license or a first temporary license to a cardroom business licensee or TPPPS business licensee, an annual fee amount will be charged. This provision is amended to charge the annual fee based on the remaining calendar days of the year following the issuance of the license. ● A new paragraph (3) is added. This paragraph provides that subsection (

g) does not apply if there has been a transaction for the sale, assignment, transfer, pledge, hypothecation, or other disposi- tion of a cardroom business licensee or the entire- ty of its gambling operation or a TPPPS business licensee or the entirety of its TPPPS operation. Subsection (

h) provides that if three years of gross revenue data is unavailable for an active cardroom business licensee or TPPPS business licensee, the Commission will utilize the available gross revenue data to determine the annual fee. ● Paragraphs (1) and (2) are amended to replace- ment “as” with “in place of.” ● A new paragraph (3) is added.

This paragraph provides that when there is a transaction for the sale, assignment, transfer, pledge, hypotheca- tion, or other disposition of a cardroom business licensee or the entirety of its gambling operation or a TPPPS business licensee or the entirety of its TPPPS operation, the three–year gross gaming revenue will be based on both the transferor and transferee’s combined consecutive operations. Adopt

Section 12094. Annual Fee Amounts.

Section 12094 provides the annual fee amounts for cardroom business licensees and TPPPS business licensees. A new Daily Rate amount is included in the table. The numbers for this rate is calculated by dividing the Active Licensee — 3–Y ear Average Gross Revenue Under $1.5 million by 365.

Chapter 3. Conditions of Operation for TPPPS Businesses.

Article 1. General Provisions. Amend

Section 12250.

Chapter

Definitions.

Section 12250 provides the

definitions for

Chapter 3. Paragraphs (1), (2), (3), (12), (13), and (19) of sub-

section (

b) have been repealed from this

section and moved to

Section 12002 and combined with similar

definitions in

Section 12360. Other paragraphs in sub-

section (

b) have been renumbered accordingly.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 614 Repeal

Section 12252. TPPPS Business License Annual Fee.

Section 12252 provides the process and timelines for a TPPPS business licensee to submit their annual fee. This provision has been moved to

Section 12092 and combined with 12368, which provides the process and timelines for annual fees for cardroom business licensees. Repeal

Section 12252.2. TPPPS Business License Annual Fee Amounts.

Section 12252.2 provides the annual fee amounts re- quired of cardroom business licensees. This provision has been moved to

Section 12094 and combined with 12368.2, which provides the annual fees for cardroom business licensees. The annual fee amounts for TPPPS business licensees has not been amended in this pro- posed action.

Chapter 5. Accounting and Transaction Approvals.

Article 1. accounting and financial reporting. Amend

Section 12312. Record Retention and Maintenance; General Provisions.

Section 12312 provides for record retention require- ments for accounting and financial documents. Subsection (

a) provides that records required by this

article must be maintained for a minimum of seven years. New paragraph (2) will provide that if there is a transaction for the sale, assignment, transfer, pledge, hypothecation, or other disposition of a cardroom business licensee or the entirety of its gambling oper- ation or a TPPPS business licensee or the entirety of its TPPPS operation, the transaction document must provide that the transferee must receive and maintain the transferor’s records following the transaction.

Chapter 7. Conditions of Operation for Gambling Establishments.

Article 1. General Provisions. Amend

Section 12360.

Chapter

Definitions.

Section 12360 provides the

definitions for

Chapter 7. Paragraphs (1), (2), (3), (10), (11), and (13) of sub-

section (

b) have been repealed from this

section and moved to

Section 12002 and combined with similar

definitions in

Section 12250. Other paragraphs in sub-

section (

b) have been renumbered accordingly. Repeal

Section 12368. Cardroom Business License Annual Fee.

Section 12368 provides the process and timelines for a cardroom business licensee to submit their an- nual fee. This provision has been moved to

Section 12092 and combined with 12252, which provides the process and timelines for annual fees for TPPPS busi- ness licensees. Repeal

Section 12368.2. Cardroom Business License Annual Fee Amounts.

Section 12368.2 provides the annual fee amounts re- quired of cardroom business licensees. This provision has been moved to

Section 12094 and combined with 12252.2, which provides the annual fees for TPPPS business licensees. The annual fee amounts for card- room business licensees has not been amended in this proposed action.

Article 3. Minimum Internal Control Standards (MICS) for Cardroom Business Licensees. Amend

Section 12396. Surveillance.

Section 12396 provides requirements for cardroom business licensees to maintain a surveillance sys- tem to specified levels, depending on the Tier of the cardroom. Paragraph (a) (7) provides for the period all record- ings must be maintained and specifically provides that the Bureau or other law enforcement agency can ex- tend the retention date when they have been deter- mined to be of evidentiary value. New subparagraph (

B) will provide that if there is a transaction for the sale, assignment, transfer, pledge, hypothecation, or other disposition of a cardroom business licensee or the entirety of its gambling operation or a TPPPS busi- ness licensee or the entirety of its TPPPS operation, the transaction document must provide that the trans- feree must receive and maintain the transferor’s re- cordings following the transaction.

CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS: The Commission has evaluated this regulatory ac- tion and determined that the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations. COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed regulations. FISCAL IMPACT ESTIMATES Fiscal Impact On Public Agencies Including Costs Or Savings To State Agencies Or Costs/ Savings In Federal Funding To The State: None. Non–Discretionary Cost Or Savings Imposed Upon Local Agencies: None.

Mandate Imposed On Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 615 Cost To Any Local Agency Or School District For Which

Part 7 (Commencing With

Section 17500) Of Division 4 Of The Government Code Requires Reimbursement: None. Effect On Housing Costs: None. Impact On Business: The Commission has made a determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

This deter- mination is based on the following facts or evidence/ documents/testimony: While the proposal includes a change to the annu- al fee for licensees who are issued an initial license or a first temporary license has changed from a monthly proration to a daily proration, the change to costs are not significant. For example, in calendar year 2023, the Commission issued one applicable TPPPS business license. This licensee paid $1,017.25 in annual fees and under the proposed method would instead have paid $1,125.94, a difference of only $108.69.

In calendar year 2024, the Commission issued one applicable cardroom busi- ness license, who paid $0 in annual fees, because their license was issued in December, but under the pro- posed method would instead pay $888.13. Also in 2024, the Commission issued three applicable TPPPS business licenses, who combined paid $1,205.75 in an- nual fees and under the proposed method would have paid $1,770.64, or an average increase of $188.30 per TPPPS business licensee.

Based on this history, the Commission anticipates the impact of the proposal to result in an annual in- crease in annual fees of $444.07 (average of one ap- plication every two years) for a cardroom business licensee and $296.99 (average of $108.69 and $148.49, with two average licenses issued per year) for a TPPPS business licensee when issued an initial license or a first temporary license.

Cost Impact On Representative Private Person Or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect On Small Business : The Commission has made a determination that the proposed regulatory action would not affect small businesses as the proposed action only modifies exist- ing subpoena requirements.

Results Of Economic Impact Assessment/ Analysis Impact On Jobs/New Businesses: The Commission has determined that this regulato- ry proposal will not have a significant impact on the creation or elimination of jobs within California, cre- ation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing business within the State.

The basis for this determination is that this proposed action does not impose a new fee or other requirement on new or existing businesses but only requires new owners to pay a slightly higher initial annual fee and maintain other requirements for the existing operating business they have become new owners of. Benefits Of Proposed Regulation : The proposed regulations are anticipated to provide clarity on how the annual fee process works in con- junction with the sale of a cardroom business licensee or TPPPS business licensee and ensure that required records are maintained and necessary fees collected.

Health And Welfare Of California Residents : It has been determined that the proposed action will protect the health, safety, and general welfare of Cali- fornia residents by aiding and preserving the integrity of controlled gambling. Worker Safety: It has been determined that the proposed action will not affect worker safety because it does not pertain to working conditions or worker safety issues. State’s Environment : It has been determined that the proposed action will not affect the state’s environment because it does not pertain to environmental issues.

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission or that has otherwise been identified and brought to the attention of the Commission would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect- ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

INITIAL STATEMENT OF REASONS, INFORMATION AND TEXT OF PROPOSAL The Commission has prepared an Initial State- ment of Reasons and the exact language for the pro- posed action and has available all the information upon which the proposal is based. Copies of the lan- guage and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request to the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 616 AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed ac- tion is based is contained in the Rulemaking File that will be available for public inspection and copying at the Commission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact per- son named below.

Y ou may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to one of the contact persons named below or by accessing the Commission’s website also listed below.

CONTACT PERSONS All comments and inquiries concerning the sub- stance of the proposed action should be directed to the following primary contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220 Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 Email: jrosenstein@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220 Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 Email: ahunter@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’s website at www.cgcc.ca.gov.

TITLE 4. SCHOOL FINANCE AUTHORITY STATE CHARTER SCHOOL FACILITIES INCENTIVE GRANTS PROGRAM NOTICE IS HEREBY GIVEN that the California School Finance Authority (Authority), organized pur- suant to Sections 17170 through 17199.6 of the Edu- cation Code, proposes to amend the regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. Any person interested may present written statements or arguments relevant to the proposed ac- tion to the attention of the Contact Person as listed in this Notice before Saturday, July 1, 2025.

The Author- ity Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposal substantially as described below or may modify such proposals if such modifications are sufficiently relat- ed to the original text. With the exception of techni- cal or grammatical changes, the full text of any mod- ified proposal will be available for 15 days prior to its adoption from the person(

s) designated in this Notice as the Contact Person and will be mailed to those per- sons who submit statements related to this proposal or who have requested notification of any changes to the proposal. PROPOSED REGULATORY ACTION The Authority proposes revisions to Sections 10176, 10181, and 10190 of Title 4 of the California Code of Regulations (Regulations) as permanent regulations. The Regulations implement the Authority’s responsi- bilities related to the State Charter School Facilities Incentive Grants Program (Program). AUTHORITY AND REFERENCE Authority:

Section 17179 and 17180 of the Education Code.

Section 17179 provides the Authority with the ability to do all things reasonably necessary to carry out its responsibilities.

Section 101780(

a) provides the Authority the ability to adopt bylaws for the regulation of its affairs and the conduct of its business. Subdivi- sion (

d) authorizes the Authority to receive and accept grants from the federal government. Subdivision (

o) allows the Authority the right to adopt guidelines for grants. Reference: Education Code,

Section 17180(

d) of the Education Code; and

Section 47600, et seq., of the Ed- ucation Code. These Regulations implement the Pro- gram and include a number of the requirements of that Program contained in the reference code provisions and their implementing Regulations. They also rely on

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 617 a number of provisions in the Charter Schools Act of 1992, commencing with

Section 47600 of the Educa- tion Section.

Section 17180(

d) provides the Authori- ty with the ability to receive grants from the federal government. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was created in 1985 to assist school districts and community college districts in financing school construction projects (Education Code

section 17170, et seq.). The Authority is authorized to adopt bylaws for the regulation and conduct of its business, and the Authority is vested with all powers reasonably necessary to carry out its powers and responsibilities (Education Code sections 17179 and 17180). In 2004, 2009, and 2014, the United States Depart- ment of Education approved grant awards to the Au- thority pursuant to the State Charter School Incen- tive Grant (Grant), authorized under Title V , Part B, Subpart 1 of the Elementary and Secondary Educa- tion Act, as amended by the No Child Left Behind Act of 2001.

The Grant provided for $49,250,000 in 2004, $46,132,749 in 2009, and $50,000,000 in 2014, to be awarded over five–year periods for the purposes of funding per–pupil facilities aid programs for Cal- ifornia charter schools. The Authority was recently awarded a $30 million grant award in Fall 2024. Per the Authority’s application to the Department of Edu- cation, the Authority is proposing three more funding rounds of the Program starting for the 2025–26 school year.

The Authority is bringing regulation changes re- lated to changes and updates to the application and se- lection process as well as updates to federal law. Grant funds are applied toward a charter school’s annual costs of rent, lease, mortgage, debt service, or Prop- osition 39 pro–rata payments for facilities, or towards the costs of purchase, design, construction, and/or ren- ovation of a new or existing facility. Pursuant to the federal rules governing the Grant, an annual portion of funds must be allocated during each of five consecutive federal fiscal years.

The first fund- ing round began on June 28, 2005, when an emergen- cy rulemaking file was approved by the Office of Ad- ministrative Law. The Authority adopted regular reg- ulations through the Office of Administrative Law’s (OAL) Rulemaking process, and the regulations were approved by OAL on March 24, 2006 (OAL Regulato- ry Action # 05–0907–02). A number of rulemakings have amended the regulations in the years since. The Authority is proposing permanent regulations through OAL ’s permanent rulemaking process and a Certifi- cate of Compliance to make additional amendments to Program regulations.

The allocation of these grant funds to eligible char- ter schools is based on preference points assigned for certain factors including the low income population served by the school as reported by the percentage of students eligible to receive free and reduced price meals, Other Equity Demographics, whether a school is located in an Nearby Every Student Succeeds Act Assistance School Site, the school’s academic per- formance and its academic performance in compari- son to nearby schools as measured by its Smarter Bal- anced Assessment data as reported by the California Department of Education (CDE).

SUMMARY OF PROPOSED REGULATIONS The Authority’s last funding round opened in 2019; therefore some regulation references rely on out–of– date references and statutory citations. The Authori- ty is requesting approval of these revisions to ensure federal and state compliance, clarity, and the ability to properly and effectively administer the Program. Timely approval of the regulation changes is necessary to implement the first funding round for the 2025–26 federal fiscal year. A

summary of the revisions from each

section within the proposed regulations is high- lighted below:

Section 10176.

Definitions. (

d) Added BABAA as well as statutory references.

Section 10176.

Definitions. (d–

w) Subsequently assigned new letters due to addition of new sub-

section (d).

Section 10176.

Definitions. (k) — Added Mc- Namara–O’Hara Service Contract Act and stat- utory reference.

Section 10181. Content of Application. (h) — Replace “title report” with report “a grant deed coupled with a copy of the most recent title insur- ance policy.” Removed the word “contingent” and updated for clarity.

Section 10181. Content of Application. (i) — Changed to “all necessary permits” from “ap- plicable discretionary use”; update and replace agency listing to include any applicable govern- ment agencies”; and added “construction and de- velopment” scope to agency scope.

Section 10181. Content of Application. (j) (1) — Changed from “architect” to “architectural.”

Section 10181. Content of Application. (j) (2) — Added BABAA compliance requirement.

Section 10181. Content of Application. (j) (5) — Updated for clarity on evidence of completion.

Section 10190. Audits and Conflicts of Interest. (d) — Added BABAA compliance requirement.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 618 OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applica- ble to the Authority or to any specific regulation or class of regulations pursuant to

Section 11346.5(a)(4) of the California Government Code pertaining to the proposed Regulations or the Authority. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Authority has determined the proposed regu- lations do not impose a mandate on local agencies or school districts. EVALUATION OF INCONSISTENCY AND INCOMPATIBILITY The Authority performed a search in the Califor- nia Code of Regulations and the proposed regulations are neither inconsistent nor incompatible with existing regulation. FISCAL IMPACT As related to Fiscal Impact, the Authority is not aware of any cost to local agency or school districts requiring reimbursement pursuant to Gov. Code

sec. 17500 et seq.; nor any cost or savings to any state agen- cy beyond the Authority; nor other Non–discretionary costs or savings imposed on local agencies; nor any costs or savings in federal funding to the state; and nor any cost impacts that a representative private per- son or business would necessarily incur in reasonable compliance with the proposed action.

Initial Determination Regarding any Significant, Statewide Adverse Economic Impact Directly Affecting Business The Authority has made an initial determination that the proposed regulations will not have any signif- icant, statewide adverse economic impact directly af- fecting businesses, including the ability of California businesses to compete with businesses in other states. Effect on Small Businesses The Authority has determined that the adoption of the proposed regulations will not affect small busi- ness.

The Program is a voluntary grant program avail- able to charter schools to assist in the costs of charter school facilities. Results of Economic Impact Analysis Assessment of Effect on Jobs and Business Expansion, Elimination or Creation Adoption of these regulations will not create or eliminate jobs within California, nor create new busi- nesses or eliminate existing businesses within Cali- fornia. The proposed regulations could likely impact the expansion of businesses currently doing business within the State of California. This program will pro- vide additional grant funding for charter school facil- ities.

These facilities are a need for charters schools of the associated charter school organizations to serve more students. Assessment of Effect to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment The purpose of the program and proposed regula- tions is to set forth administrative criteria and require- ments for administering this grant program. The Au- thority do not expect any anticipated benefits to work- er safety or the State’s environment.

However, while each grant is different, funding for facilities may allow schools to free up assets potentially allowing actions resulting in improved worker safety. Additionally, there may be a positive effect on the welfare of some California residents. As the intent of the program is to provide grant funding related to charter school facili- ties, the Program and its proposed regulations have the potential to directly benefit the welfare of students and their related communities. Cost Impact on Housing The proposed regulations will not have any effect on housing costs.

REASONABLE ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the Authority must determine that no reasonable alternative to the regulations considered by the Authority or that has otherwise been identified and brought to the attention of the Authority, would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective and less burdensome to affected private persons than the regulations, or would be more cost–effective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The Authority invites interested persons to present statements with respect to alternatives to the proposed regulations during the written comment period. AGENCY CONTACT PERSONS Written comments, inquiries, and any questions regarding the substance of the proposed regulations shall be submitted or directed to:

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 619 Katrina Johantgen, Executive Director, California School Finance Authority at: 300 South Spring Street, Suite 8500 Los Angeles, CA 90013 (213) 620–4608 or 901 P Street, Third Floor, Suite B Sacramento, CA 95814 (916) 651–7710 or kjohantgen@treasurer.ca.gov or csfa@treasurer.ca.gov The following person is designated as a backup Contact Person for inquiries only regarding the pro- posed regulations: Ryan Storey 300 South Spring Street, Suite 8500 Los Angeles, CA 90013 (213) 620–6360 or rstorey@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or their authorized repre- sentative, may submit written comments relevant to the proposed regulations to the Authority.

The written comment period on the regulations will end on Friday, June 30, 2025. All comments to be considered by the Authority must be submitted in writing to the Agency Contact Person identified in this Notice by that time. In the event that changes are made to the proposed regulations during the written comment period, the Authority will also accept additional written com- ments limited to any changed or modified regulations for 15 calendar days after the date on which such reg- ulations, as changed or modified, are made available to the public pursuant to Title 1,

Chapter 1,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AVAILABILITY OF INITIAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re- quired by law. The file is available for inspection at the Authority’s office at 901 P Street, Third Floor, Suite B, Sacramento, California, during normal business hours.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the pro- posed text of the Regulations. Copies of these items are available upon request, from the Agency Con- tact Person designated in this Notice. The Sacramen- to address will also be the location for inspection of the rulemaking file and any other public records, in- cluding reports, documentation and other materials re- lated to this proposed regulatory action.

In addition, the rulemaking file, including the Initial Statement of Reasons and the proposed text, may be viewed on the Authority’s Web site at www.treasurer.ca.gov/csfa. PUBLIC HEARING No public hearing regarding the proposed regula- tions has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Government Code, to the Au- thority at least 15 days before the end of the written comment period. Such request should be addressed to the Agency Contact Person identified in this Notice and should specify the regulations for which the hear- ing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow- ing a public hearing, if any is requested, the Author- ity may adopt the proposed regulations substantially as described in this Notice, without further notice.

If the Authority makes modifications that are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public (including through the Author- ity’s website described above) for at least fifteen (15) calendar days before the Authority adopts the pro- posed regulations, as modified. Inquiries about and requests for written copies of any changed or modified regulations should be addressed to the Agency Con- tact Person identified in this Notice.

AVAILABILITY OF FINAL STATEMENT OF REASONS The Authority is required to prepare a Final State- ment of Reasons pursuant to Government Code sec- tion 11346.9. Once the Authority has prepared a Final Statement of Reasons, a copy will be made available to anyone who requests a copy and will be available on the Authority’s website described above. Written

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 620 requests for copies should be addressed to the Agency Contact Person identified in this Notice. TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD The Public Employment Relations Board (PERB or Board) proposes to adopt or amend the regulations de- scribed below after considering all comments, objec- tions, and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to adopt new

section 32161 and amend sections 32150 and 32635. Proposed

section 32161 would establish rules gov- erning the identification of participants and observers in PERB proceedings, as well as the recording, pho- tographing, and broadcasting of PERB proceedings.

Section 32150, subdivision (f), governs produc- tion schedules for records subpoenas. The proposed amendment would correct a scrivener’s error that in- correctly cites to a subdivision relating to motions to revoke or limit testimonial subpoenas.

Section 32635 governs the appeal of dismissals of unfair practice charges and responses to such appeals. The proposed amendments provide guidance as to the formatting of an appeal and a response to an appeal; provide guidance as to the content of a response to an appeal; establish word limits for appeals and re- sponses; establish a procedure for requesting to file longer appeals or responses; establish a procedure for requesting to file a reply to a response; and include mi- nor edits for readability and consistency. 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 before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or their authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Board. Com- ments may also be submitted by facsimile (FAX) at (818) 551–2820 or by email at sara.kang@perb.ca.gov. The written comment period closes on July 2, 2025, which is 47 days after the publication of this notice.

The Board will only consider comments received at the Board offices by that time. Submit written com- ments to: Sara Rhee, Senior Regional Attorney Public Employment Relations Board 425 West Broadway, Suite 400 Glendale, CA 91204 AUTHORITY AND REFERENCE Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Education- al Employment Relations Act (EERA; Government Code

section 3540 et seq.). Pursuant to Government Code sections 3509(

a) and 3541.3(g), the Board is au- thorized to adopt, amend, and repeal rules and regu- lations to carry out the provisions and effectuate the purposes and policies of the Meyers–Milias–Brown Act (MMBA; Government Code

section 3500 et seq.). Pursuant to Government Code sections 3513(

h) and 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the pro- visions and effectuate the purposes and policies of the Ralph C. Dills Act (Dills Act; Government Code sec- tion 3512 et seq.). Pursuant to Government Code sec- tion 3563(f), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the pro- visions and effectuate the purposes and policies of the Higher Education Employer–Employee Relations Act (HEERA; Government Code

section 3560 et seq.). Pursuant to Public Utilities Code

section 99561(f), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effec- tuate the purposes and policies of the Los Angeles County Metropolitan Transportation Authority Tran- sit Employer–Employee Relations Act (TEERA; Pub- lic Utilities Code

section 99560 et seq.). Pursuant to Government Code sections 3541.3(

g) and 71639.1(b), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Trial Court Employment Protection and Governance Act (Trial Court Act; Government Code

section 71600 et seq.). Pursuant to Government Code sections 3541.3(

g) and 71825(b), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the pro- visions and effectuate the purposes and policies of the Trial Court Interpreter Employment and La- bor Relations Act (Court Interpreter Act; Govern- ment Code

section 71800 et seq.). Pursuant to Gov- ernment Code sections 3524.52(

a) and 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effec- tuate the purposes and policies of the Judicial Council

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 621 Employer–Employee Relations Act (JCEERA; Gov- ernment Code

section 3524.50 et seq.). Pursuant to Government Code sections 3541.3(

g) and 3555.5(c), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Public Em- ployee Communication

Chapter (PECC; Government Code

section 3555 et seq.). Pursuant to Government Code sections 3541.3(

g) and 3551 (a), the Board is au- thorized to adopt, amend, and repeal rules and regu- lations to carry out the provisions and effectuate the purposes and policies of the Prohibition on Public Em- ployers Deterring or Discouraging Union Member- ship

Chapter (PEDD; Government Code

section 3550 et seq.). Pursuant to Welfare and Institutions Code

section 10421(e), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and poli- cies of the Building a Better Early Care and Educa- tion System Act (Childcare Provider Act; Welfare and Institutions Code

section 10420 et seq.). Pursuant to Public Utilities Code

section 40122.1(

a) and Govern- ment Code

section 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Orange County Transit District Act (OCTDA; Public Utilities Code

section 40120 et seq.). Pursuant to Public Utilities Code

section 28849(

b) and Government Code

section 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the San Francisco Bay Area Rapid Transit District Act (BART Act; Pub- lic Utilities Code

section 28848 et seq.). Pursuant to Public Utilities Code

section 102399(

b) and Govern- ment Code

section 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Sacramento Regional Transit Dis- trict Act (SacRTD Act; Public Utilities Code

section 102398 et seq.). Pursuant to Public Utilities Code sec- tion 98160.5 and Government Code

section 3541.3(g), the Board is authorized to adopt, amend, and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Santa Cruz Metropolitan Transit District Act (SC Metro Act; Pub- lic Utilities Code

section 98160 et seq.). Pursuant to Public Utilities Code

section 100309(b), the Board is authorized to adopt, amend, and repeal rules and reg- ulations to carry out the provisions and effectuate the purposes and policies of the Santa Clara Valley Trans- portation Authority Act (VTA; Public Utilities Code

section 100300 et seq.). General reference for

section 32161 of the Board’s regulations: sections 3541.3(h), 3541.3(n), 3541.5, 3509(a), 3513(h), 3514.5, 3524.52(a), 3524.55, 3551(a), 3555.5(c), 3563(g), 3563(m), 3563.2, 71639.1(b), and 71825(b), Government Code; sections 28849(b), 40122.1(a), 98160.5(b), 99561(g), 99561(m), 99561.2, 100309(b), and 102399(b), Public Utilities Code; and sections 10421(

e) and 10428.5(b), Welfare and Insti- tutions Code. General reference for

section 32150 of the Board’s regulations: sections 3541.3(h), 3541.3(n), 3541.5, 3509(a), 3513(h), 3514.5, 3524.52(a), 3524.55, 3551(a), 3555.5(c), 3563(g), 3563(m), 3563.2, 71639.1(b), and 71825(b), Government Code; sections 28849(b), 40122.1(a), 98160.5(b), 99561(g), 99561(m), 99561.2, 100309(b), and 102399(b), Public Utilities Code; and sections 10421(

e) and 10428.5(b), Welfare and Insti- tutions Code. General reference for

section 32635 of the Board’s regulations: sections 3541.3(k), 3541.3(n), 3541.5, 3509(a), 3513(h), 3514.5, 3524.52(a), 3524.55, 3551(a), 3555.5(c), 3563( j), 3563(m), 3563.2, 71639.1(b), and 71825(b), Government Code; sections 28849(b), 40122.1(a), 98160.5(b), 99561( j), 99561(m), 99561.2, 100309(b), and 102399(b), Public Utilities Code; and sections 10421(

e) and 10428.5(b), Welfare and Institu- tions Code. POLICY STATEMENT OVERVIEW PERB is a quasi–judicial agency which oversees public sector collective bargaining in California. PERB presently administers sixteen collective bar- gaining statutes, ensures their consistent implemen- tation and application, and adjudicates disputes be- tween the parties subject to them.

The statutes ad- ministered by PERB are: the Meyers–Milias–Brown Act (MMBA) of 1968, establishing collective bargain- ing for California’s city, county, and local special dis- trict employers and employees; the Educational Em- ployment Relations Act (EERA) of 1976, establishing collective bargaining in California’s public schools (K–12) and community colleges; the State Employer–Employee Relations Act of 1978, known as the Ralph C.

Dills Act (Dills Act), establishing collec- tive bargaining for state government employees; the Higher Education Employer–Employee Relations Act (HEERA) of 1979, extending the same coverage to the California State University System, the Universi- ty of California System, and Hastings College of Law; the Los Angeles County Metropolitan Transportation Authority Transit Employer–Employee Relations Act (TEERA) of 2003, establishing collective bargaining rights for supervisory employees of the Los Angeles County Metropolitan Transportation Authority; the Trial Court Employment Protection and Governance Act (Trial Court Act) of 2000 and the Trial Court In- terpreter Employment and Labor Relations Act (Court Interpreter Act) of 2002, together establishing collec- tive bargaining rights for most trial court employees; the Public Employee Communication

Chapter (PECC)

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 622 of 2017, granting PERB jurisdiction over violations of the PECC; the Prohibition on Public Employers De- terring or Discouraging Union Membership (PEDD) of 2018, granting PERB jurisdiction over violations of the PEDD; and the Building a Better Early Care and Education System Act of 2019, known as the Child- care Provider Act (CCPA), establishing collective bar- gaining for family childcare providers who participate in a state–funded early care and education program.

In 2019, the Legislature amended the Orange Coun- ty Transit District Act (OCTDA), granting PERB ju- risdiction over unfair practice charges at the Or- ange County Transportation Authority. In 2020, the Legislature amended the San Francisco Bay Area Rapid Transit District Act (BART Act), grant- ing PERB jurisdiction over disputes relating to employer–employee relations at the Bay Area Rap- id Transit District.

In 2021, the Legislature grant- ed PERB jurisdiction over disputes relating to employer–employee relations at the Sacramento Re- gional Transit District (SacRTD) for those exclu- sive representatives that have elected to move one or more of its bargaining units to PERB’s jurisdiction for unfair practice charges. In 2022, the Legislature amended the Santa Cruz Metropolitan Transit Dis- trict Act (SC Metro Act), granting PERB jurisdiction over unfair practice charges at the Santa Cruz Met- ropolitan Transit District.

In 2022, the Legislature granted PERB jurisdiction over disputes relating to employer–employee relations at the Santa Clara Val- ley Transportation Authority (VTA) for those exclu- sive representatives that have elected to move one or more of its bargaining units to PERB’s jurisdiction for unfair practice charges. Over time, the Legislature has continued to place ad- ditional public employers under PERB’s jurisdiction. In response, PERB has continued to evaluate chang- es to make case processing more efficient and stream- lined.

On April 13, 2017, the Board approved a Case Processing Efficiency Initiative to generate ideas for the improvement and streamlining of case processing. The Board solicited feedback from staff and constitu- ents on the updates needed to make its proceedings ef- ficient and user–friendly, keeping in mind that many constituents are non–attorneys or self–represented in - dividuals (pro per litigants) unfamiliar with legal pro- cedures in an administrative law setting.

PERB’s case adjudication processes differ from other judicial fo- rums in that non–attorney parties may not only self– represent but may be represented by non–attorney representatives. It is therefore not uncommon for non– attorneys to appear on behalf of individuals or organi- zations and navigate their way through PERB’s case adjudication processes and corresponding regulations. As revealed through the stakeholder meetings that were part of the Case Processing Efficiency Initiative, PERB’s case processing regulations are often unnec- essarily complicated, incomplete, obsolete, or ambig- uous.

These problems often cause litigants to com- mit errors or missteps, which delay case adjudication. Aside from delays, these errors create additional work for PERB’s attorneys and judges. For this reason, the Board determined it was necessary to amend the reg- ulations to make them user–friendly, detailed, and understandable. The proposed regulation and amendments to ex- isting regulations further these goals by establishing rules governing participation in PERB proceedings and the recording, photographing, and broadcasting of PERB proceedings; providing clarity regarding the production

schedule for records subpoenas; and up- dating rules regarding the filing of appeals of dismiss- als and responses to such appeals. These changes are intended to fill gaps, correct errors, and streamline the Board’s procedures and processes for case adjudica- tion in a way that makes the regulations more under- standable for attorneys and non–attorneys alike. INFORMATIVE DIGEST A. Adoption of New Sections Proposed

section 32161 establishes rules govern- ing the identification of participants or observers in PERB proceedings, as well as the recording, photo- graphing, and broadcasting of PERB proceedings. Proposed subdivision (

a) defines the terms “PERB proceedings,” “participant,” and “observer,” for the purposes of the new

section only, and clarifies that Board agents are neither participants nor observers. Proposed subdivision (

b) requires participants in PERB proceedings to identify their full names upon in- quiry from a Board agent. The subdivision further pro- vides that observers are not required to identify them- selves except under certain specified circumstances. Proposed subdivision (

c) prohibits participants and observers from recording, photographing, or oth- erwise capturing PERB proceedings, except when granted written permission from a Board agent if cer- tain specified requirements are met. Proposed subdi- vision (

d) states that any recordings by participants or observers will not be part of the official record or cit- ed as evidence. Proposed subdivision (

e) prohibits live broadcasting of PERB proceedings. B. Amendment to Text of Existing Sections

Section 32150 governs production schedules for re- cords subpoenas. The proposed amendment to subdi- vision (

f) corrects a scrivener’s error that incorrectly cites to a subdivision relating to motions to revoke or limit testimonial subpoenas.

Section 32635 governs the appeal of dismissals of unfair practice charges and responses to such appeals.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 623 The proposed amendment generally includes minor revisions to the text for readability and clarity. The proposed amendment to subdivision (

a) adds the word “and” to clarify that an appeal must satisfy each requirement of subdivision (a) (1) through subdi- vision (a) (3). The proposed amendment to subdivision (

c) specifies that a response to an appeal must explain why the appeal should not be granted. Proposed subdivision (

d) limits an appeal or re- sponse to an appeal to 7,000 words absent advance permission to file a longer appeal or response. The proposed subdivision also provides guidance as to the format of an appeal or response. Proposed subdivision (

e) provides guidelines for re- questing permission to file an appeal exceeding 7,000 words or a response to an appeal exceeding 7,000 words, including that such requests must be filed no later than five days before the appeal or response is due and must establish good cause. The proposed sub- division further prohibits a party requesting to exceed the word limit from filing an appeal or response until the Board itself rules on the request. Proposed subdivision (

f) prohibits the filing of a re- ply to a response to an appeal absent advance permis- sion from the Board itself. The proposed subdivision further provides that a request for permission to file a reply must be made within 10 days after service of the response, after which the responding party has five days to respond to the request. CONSISTENT AND COMPATIBLE WITH EXISTING STATE REGULATIONS The Board has determined that the proposed reg- ulation and amendments to existing regulations are not inconsistent or incompatible with existing regula- tions.

After conducting a review of all regulations that would relate to or affect this area of California law, the Board has determined that, due to PERB’s exclusive jurisdiction to implement and enforce the labor rela- tions acts within its jurisdiction, the proposed regu- lations are the only regulations concerning the imple- mentation and enforcement of these laws. Therefore, the Board has concluded that these regulations are nei- ther inconsistent nor incompatible with existing state regulations.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATION As part of PERB’s Case Processing Efficiency Ini- tiative, the Board seeks to make the agency’s proce- dures for case processing easier to understand and therefore more accessible to non–attorney parties and representatives. In this, PERB determined that it need- ed to amend many of its regulations to eliminate am- biguities, fill gaps, and consolidate or remove redun- dancies. By making such changes, the proposed reg- ulation and amendments will reduce case processing errors, which, in turn, will improve case processing times.

In addition, the proposed new regulation and amendments to existing regulations will make case adjudication more consistent and efficient. As one example, PERB’s regulations provide that a charging party may file an appeal of a dismissal and the respondent may file a response to the appeal. Cur- rent regulations, however, do not address whether a charging party may file a reply brief after the respon- dent files a response to an appeal.

One of the proposed amendments specifies that reply briefs may only be filed with advance permission from the Board itself, thereby discouraging additional briefing that is unnec- essary to the resolution of the appeal and may cause unnecessary delay in the processing of the case. The proposed amendments also set word limits and provide guidance as to form and content for appeals and responses to appeals. This addition serves to en- courage succinct appeals and responses and makes such filings consistent with other types of PERB fil- ings that have word limits.

Although the word limit for appeals of dismissals is lower than the limit for other types of appeals, this decision reflects that dis- missals are issued prior to a full evidentiary hearing and therefore do not involve voluminous records, ex- hibits, or transcripts, as may be the case with other types of appeals. Moreover, the proposed amendments provide the Board discretion to authorize lengthier fil- ings where a party establishes good cause.

Overall, the proposed changes regarding appeals of dismissals and responses to such appeals will assist the Board by providing for full briefing in a concise and detailed manner. Another proposed change relates to the recording, photographing, and broadcasting of PERB proceed- ings. Currently, there are no regulations governing this issue, leading to a lack of clarity as to whether recording, photographing, or broadcasting by partic- ipants or observers is permissible and how any such recordings or photographs may be used.

The lack of clarity compromises PERB’s ability to ensure the in- tegrity of PERB proceedings and the confidentiality of sensitive information. The need for such regulations is compounded by the increased use of virtual meeting technology across PERB’s divisions, which increases the possibility of a participant or observer recording, photographing, or broadcasting a PERB proceeding without a Board agent’s knowledge.

The proposed regulation prohibits a participant or observer from recording or otherwise electronical- ly capturing PERB proceedings (other than a public meeting of the Board itself) except with written per- mission from a Board agent, and clarifies that any re-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 624 cordings or photographs by participants or observers will not be part of the official record or cited as ev- idence in PERB proceedings. This allows PERB to ensure the integrity of its proceedings and the con- fidentiality of sensitive information. In addition, the proposed regulation specifies that live broadcasting of PERB proceedings is prohibited, which deters the unauthorized dissemination of potentially confiden- tial or sensitive information revealed during PERB proceedings.

Interrelated with the unauthorized recording of PERB proceedings are issues involving anonymous observers. The proposed regulation ensures the integ- rity and safety of PERB proceedings by requiring par- ticipants to identify their full names upon inquiry and setting forth the specific reasons an observer might be required to identify their full name, such as to protect sensitive information or to ensure the confidentiality of an informal conference or sensitive information in a formal hearing.

The proposed changes also include the correction of a scrivener’s error in PERB’s regulations govern- ing production schedules for records subpoenas. Cur- rently, the regulation incorrectly cites to a subdivision relating to motions to revoke or limit testimonial sub- poenas when it should cite to a subdivision relating to motions to revoke or limit records subpoenas. This correction will prevent confusion caused by the incor- rect reference.

Essentially, the proposed regulations continue the Board’s efforts to update its case processing regula- tions so as to provide constituents with easy to under- stand yet comprehensive rules on case processing.

NO EXISTING AND COMPARABLE FEDERAL REGULATION OR STATUTE During the process of developing these proposed regulatory adoptions and amendments, the Board has conducted a search for any similar federal regu- lations and statutes on this topic and has determined that there are no existing, comparable federal regula- tions or statutes or Board precedent, as these proposed regulatory changes apply solely to public employers and employee organizations under the jurisdiction of the California public sector labor relations statutes set forth above.

Therefore, the Board has concluded that these regulations are neither inconsistent nor incom- patible with existing Federal regulations or statutes. DISCLOSURES REGARDING THE PROPOSED ACTION The Board has made the following initial determinations: Mandate on local agencies and school districts: The proposed action would not impose any new mandate. Cost to any local agency or school district which must be reimbursed in accordance with Government Code

section 17500 et seq.: The proposed action would not impose any new costs which must be reimbursed. Other non–discretionary cost or savings imposed upon local agencies: The proposed action would not result in any new costs which must be reimbursed, or savings imposed upon local agencies. Cost or savings to state agency: The proposed action would not result in any new costs or savings. Cost or savings in federal funding to the state: The proposed action would not result in any new costs or savings.

Cost impact on private persons or directly affected businesses: The agency is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant adverse economic impact on business including the ability of California businesses to com- pete with businesses in other states: The proposed ac- tion will have no impact. Significant effect on housing costs: There will be no effect on housing costs. Business Reporting Requirement: The proposed ac- tion will not require a report to be made.

The Board has determined that the proposed regu- lations will not affect small business because the pro- posed regulations will only affect public employers, public employees, and public employee organizations. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Board concludes that the adoption of the pro- posed regulations and amendments to existing regula- tions will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses, or create or expand businesses in the State of California.

BEN EFIT A NA LYSIS By updating the case processing and adjudication regulations, and through the efficiencies realized by more user–friendly, comprehensive, and consolidated rules, PERB will improve public sector labor relations by providing necessary guidelines and clarity to con- stituents about PERB’s standards and processes. The proposed regulatory action will not adversely affect the health and welfare of California residents, work- er safety, or the State’s environment. The proposed regulatory action will further the policies underlying prompt resolution of labor disputes by providing a pro-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 625 cess to expediently resolve alleged violations of Cal- ifornia’s labor relations laws, which will in turn pro- mote full communication between public employers and their employees in resolving disputes over wages, hours, and other terms and conditions of employment. The general welfare of California residents will be benefited by stable collective bargaining and dispute resolution, which translates to continuous delivery of the essential services that California’s public agencies and employees provide to California’s communities. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), a rulemaking agency must determine that no reasonable alternative consid- ered by the agency or that has otherwise been identi- fied and brought to the attention of the agency 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 im- plementing the statutory policy or other provision of law.

The Board invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Any questions or suggestions regarding the pro- posed action should be directed to: Sara Rhee, Senior Regional Attorney Public Employment Relations Board 425 West Broadway, Suite 400 Glendale, CA 91204 (818) 696–6346 Email: sara.kang@perb.ca.gov The backup person for these inquiries is: Gabriel Orea, Regional Attorney Public Employment Relations Board 425 West Broadway, Suite 400 Glendale, CA 91204 (818) 696–6350 Email: gabriel.orea@perb.ca.gov Please direct requests for copies of the proposed text (the “express terms”) of the regulations, the ini- tial statement of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based, to Sara Rhee at the above address.

PRELIMINARY ACTIVITIES A. Participation in PERB Proceedings; Recording, Photographing, and Broadcasting of PERB Proceedings On October 12, 2023, the Board held a public meet- ing, wherein the public was given the opportunity to provide comments regarding the implementation of regulations on the recording of PERB proceedings. No public participants chose to comment, and the Board authorized the preparation of a rulemaking package governing the recording of PERB proceedings.

On December 14, 2023, the Board held a public meeting, wherein the public was given the opportu- nity to provide comments regarding the proposed ex- pansion of the scope of the rulemaking package to in- clude regulations governing the participation in and observation of PERB proceedings. No member of the public chose to comment, and the Board approved the proposed expansion in scope.

On April 11, 2024, the Board held a public meet- ing wherein the public was given the opportunity to provide comments regarding the proposed rulemak- ing package governing participants and observers at PERB proceedings and the recording of PERB pro- ceedings. No members of the public chose to com- ment, and the Board approved the submission of the proposed regulations to the Office of Administrative Law (OAL) and the commencement of the formal rulemaking process. B. Production

Schedule for Records Subpoenas On April 11, 2024, the Board held a public meet- ing wherein the public was given the opportunity to provide comments regarding the proposed rulemaking package related to production schedules for records subpoenas. No members of the public chose to com- ment, and the Board approved the submission of the proposed rulemaking package to OAL and the com- mencement of the formal rulemaking process. C.

Appeal of Dismissals On October 12, 2023, the Board held a public meet- ing wherein the public was given the opportunity to provide comments regarding the implementation of regulations on word limits for appeals of dismissals. No members of the public chose to comment, and the Board authorized the preparation of a rulemak- ing package governing word limits for appeals of dismissals. On December 12, 2024, the Board held a public meeting wherein the public provided comments re- garding the proposed rulemaking package regard- ing appeals of dismissals.

The Board considered the comments and ultimately approved the submission of the proposed rulemaking package to OAL without changes as well as the commencement of the formal rulemaking process.

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 626 AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Califor- nia Regulatory Notice Register, the rulemaking file consists of this notice, the express terms of the pro- posed regulation and amended regulations, the initial statement of reasons, and documents relied on pro- mulgating the rulemaking package.

The regulations as well as all related documents upon which the pro- posal is based (rulemaking file), are on file and avail- able for public review from the agency representa- tive listed above. Copies of these documents may be obtained by contacting Sara Rhee at the above ad- dress, and are also available on the Board’s website at www.perb.ca.gov/laws–and–regulations/rulemaking.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding a hearing, if one is requested, and con- sidering all timely and relevant comments, the Board may adopt the proposed regulation and amended reg- ulations substantially as described in this notice. If the Board makes modifications that are sufficiently relat- ed to the originally proposed text, the modified text with changes clearly indicated shall be made avail- able to the public for at least 15 days prior to the date on which the Board adopts the regulation and amend- ments to existing regulations as revised.

Requests for copies of any modified regulations and/or the final statement of reasons should be sent to the attention of Sara Rhee at the above address. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon its completion, copies of the final statement of reasons may be obtained by contacting Sara Rhee at the above address.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this notice of proposed action, the ini- tial statement of reasons, and the text of the pro- posed regulation and amendments to existing reg- ulations in underline and strikeout can be accessed through PERB’s website located at www .perb.ca.gov/ laws–and–regulations/rulemaking throughout the rulemaking process. Written comments received during the written comment period will also be posted on PERB’s website. The final statement of reasons or, if applicable, notice of a decision not to proceed will be posted on PERB’s website following the Board’s action.

TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING INSTRUCTOR’S GUIDE TO LEARNING ACTIVITIES Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be- low in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC) sec- tion 11346.8, any interested person, or their duly au- thorized representative, may request a public hearing.

POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by June 30, 2025. Notice is also given that any interested person, or authorized representative, may submit written com- ment(

s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Anita Finner, anita.finner@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple- ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in- crease the effectiveness of law enforcement, including programs involving training and education courses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW POST Basic Training Bureau staff identified the need to update the Instructor’s Guide to Learning Ac- tivities for Leadership, Ethics, and Community Polic- ing December 2005 publication referenced under re- quired learning activities in the Training and Testing Specifications for Peace Officer Basic Courses to meet

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 627 current regulatory and legislative mandates. This pro- posal is intended to interpret, implement, and make specific PC § 13510(a) (2), which authorizes POST to adopt, and from time to time amend, rules establish- ing minimum standards for training. The proposed changes to this regulatory action will update content to satisfy emerging training needs, comply with regulatory mandates, reflect current Commission members and POST Executive Direc- tor, and replace subject matter experts with current members.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The benefits anticipated by the proposed amend- ments to the regulation will provide an updated pub- lication to include more current and relevant resourc- es for basic course instructors, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS POST has determined that these proposed amend- ments are not inconsistent nor incompatible with ex- isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula- tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE Instructor’s Guide to Learning Activities December 2005 publication (repealed).

Instructor’s Guide to Learning Activities October 1, 2025 publication (adopted). Training and Testing Specification for Peace Officer Basic Courses October 1, 2025. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali- fornia businesses to compete with businesses in oth- er states. Significant effect on housing costs: None.

Small Business Determination: POST has deter- mined that the proposed regulations will not affect small businesses because the regulations only affect state agencies that are adopting, amending or repeal- ing regulations. Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses.

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create or eliminate jobs in the state of California, (2) unlikely that the proposal will create new business or eliminate any existing businesses, and (3) unlikely that the proposed regulations will result in the expan- sion of businesses currently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over- view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser- vices to stakeholders by providing current and rele- vant resources for basic course instructors. Thus, the law enforcement standards are maintained and effec- tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al- ternative it considered, or that has otherwise identified

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 628 and brought to its attention, would be more effective in carrying out the purpose for which the action is pro- posed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory ac- tion may be directed to Anita Finner, Commission on POST, 860 Stillwater Road, Suite 100, West Sac- ramento, CA 95605–1630, at (916) 227–3901. General questions regarding the regulatory process may be di- rected to Ashley Anderson at (916) 970–4635.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t h e “ e x p r e s s t e r m s ” ) of t h e r e g u l a t i o n s , t h e i n i t i a l s t a t e- ment of reasons, the modified text of the regulations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/ AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi- ciently related to the text as described in the Informa- tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is avail- able for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING COMMISSION REGULATIONS 1005, 1007, 1008, AND 1059 — TRAINING AND TESTING SPECIFICATIONS FOR PEACE OFFICER BASIC COURSES — LEARNING DOMAIN 32 — LIFETIME FITNESS Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described be- low in the Informative Digest. A public hearing is not scheduled.

Pursuant to Government Code (GC) sec- tion 11346.8, any interested person, or their duly au- thorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the closing of the public comment period. Public Comments Due by June 30, 2025. Notice is also given that any interested person, or authorized representative, may submit written com- ment(

s) relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Anita Finner, anita.finner@post.ca.gov, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt regu- lations). This proposal is intended to interpret, imple- ment, and make specific PC § 13503(e), which autho- rizes POST to develop and implement programs to in-

CALIFORNIA REGULATORY NOTICE REGISTER 2025, VOLUME NUMBER 20–Z 629 crease the effectiveness of law enforcement, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW POST Basic Training Bureau staff were directed by the Commission to remove the body composition measurement required learning activity from

section VI. G. 5 of the existing Training and Testing Specifica- tions for Peace Officer Basic Courses — Learning Do- main 32 — Lifetime Fitness as a statewide standard. The proposed changes will ensure that body compo- sition will be conducted in private with the individual student’s physician.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENTS The benefits anticipated by the proposed amend- ments to the regulation will permit an individual to complete the body composition measurement with their primary physician rather than in a public set- ting, which will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protection of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS POST has determined that these proposed amend- ments are not inconsistent nor incompatible with ex- isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula- tions that concern processes and procedures for peace officer eligibility in the state.

FORMS/DOCUMENTS INCORPORATED BY REFERENCE Training and Testing Specifications for Peace Offi- cer Basic Courses — Learning Domain 32 — Lifetime Fitness, adopted effective October 1, 2025 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None.

Costs or savings in federal funding to the state: None. Cost impacts on a representati