California Regulatory Notice Register — Register 2023, No. 19-Z (MAY 12, 2023)

Cal. Reg. Notice Reg. 2023, No. 19

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 19-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 12, 2023 PROPOSED ACTION ON REGULATIONS TITLE 1. OFFICE OF ADMINISTRATIVE LAW Submission of Documents to OAL — Notice File Number Z2023–0508–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .653 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Advertisement Disclosures — Notice File Number Z2023–0502–02 ........................................ 655 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0502–03 ........................................ 656 AMENDMENT STATE AGENCY: California State Universities TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Administrative Subpoenas — Notice File Number Z2023–0502–01 ......................................... 657 TITLE 5. COMMISSION ON TEACHER CREDENTIALING Pertaining to Cost Recovery Fees for Extraordinary Accreditation Activities — Notice File Number Z2023–0426–01 ................................................................. 659 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Minimum Standards for Training and Basic Course Requalification Requirements — Notice File Number Z2023–0427–02 ................................................................. 662 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Amend Peace Officer Selection Standards — Notice File Number Z2023–0427–0364 .......................... 664 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Peace Officer Selection Standards — Notice File Number Z2023–0427–04 .................................. 666 (Continued on next page)

TITLE 22.

EMPLOYMENT DEVELOPMENT DEPARTMENT Electronic Filing of Documents by Physicians, Practitioners and Registrars of County Hospitals — Notice File Number Z2023–0427–01 ...................................................... 669 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Amendment to Notice of Public Comment Period and Workshops on Draft Cancer Inhalation Unit Risk Factor for Ethylene Oxide — Air Toxic Hot Spots Programs ............................. 672 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–110–001–R1, Dye Creek Fish Passage Improvement, Tehama, CA ......................................................................... 673 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Howsley Road Bridge Replacement Project, 2080–2023–006–02, Sutter County .................................................................. 675 DEPARTMENT OF PARKS AND RECREATION Notice of Change of Date of Regulatory Hearing and Extension of Written Comment Period .................... 676

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 676 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 653 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 1. OFFICE OF A DM I N ISTR ATI V E LAW SUBMISSION OF DOCUMENTS TO OAL The Office of Administrative Law (OAL) proposes to adopt the amended regulations described below af - ter considering all comments, objections, and recom - mendations regarding the proposed action. PUBLIC HEARING OAL will hold a virtual public hearing on July 17, 2023, beginning at 9:00 a.m.

Attendees may participate via Microsoft Teams online meeting platform or telephone conferenc - ing. To participate via Microsoft Teams online meeting platform please contact Thanh Huynh at OALProposedRulemakings@oal.ca.gov or (916) 323– 6225 by 4:30 p.m. on July 14, 2023, to request a link to the meeting. A link to the meeting will also be posted under the “Announcements” heading on the homepage of the OAL website no later than 8:00 a.m. the day of the hearing. To participate by telephone, call 1–916– 245-8850 and enter Conference ID: 280 483 988#.

For those who wish to attend the hearing in per - son, including those who require reasonable accom - modations, limited seating will be available in the OAL Training Room, 300 Capitol Mall, Suite 1210, Sacramento, CA 95814. Please contact Thanh Huynh at OALProposedRulemakings@oal.ca.gov or (916) 323–6225 by 4:30 p.m. on July 14, 2023, to request to attend the hearing in person or if reasonable accom - modations are necessary. Participants will be given instructions on how to pro- vide oral comment once they have accessed the hear - ing.

The hearing will proceed on the date noted above until all testimony is submitted or 12:00 p.m., which - ever is later. At the hearing, any person may present oral or written statements or arguments relevant to the proposed action described in the Informative Digest. OAL requests, but does not require, that persons who make oral comments at the hearing also submit a writ- ten copy of their testimony via email.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to: Office of Administrative Law Attention: Thanh Huynh 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 Comments may also be submitted by fac - simile (FAX) at (916) 323–6826 or by email to OALProposedRulemakings@oal.ca.gov. The written comment period closes on July 17, 2023. To ensure OAL will consider your comment, it must be received by July 17, 2023. When commenting, please indicate the proposed rulemaking action to which your com - ment refers.

AUTHORITY Government Code

section 11342.4. REFERENCE Government Code sections 11343, 11343.1, 11343.8, 11346.1, 11347.3, and 11349.6. INFORMATIVE DIGEST

Summary of Existing Laws and Effect of the Proposed Action Government Code

section 11343, subdivisions (

a) and (b), require agencies to transmit a certified copy of proposed regulation text to OAL. Prior to June 30, 2022, Government Code

section 11343, subdivision (d), required agencies to transmit six additional copies of proposed regulation text to OAL. Existing regula - tions in

chapter 1, division 1, title 1 of the California Code of Regulations (CCR) establish requirements and procedures for both hard–copy and electronic submission of these documents to OAL. Effective June 30, 2022, Senate Bill (SB) 189 (Stats. 2022, Ch. 48,

Sec. 22) amended Government Code

section 11343, subdivision (d), to delete the require - ment to transmit six additional copies of proposed regulation text to OAL. The changes proposed in this rulemaking action would reduce the number of hard– copy and electronic documents required for submis - sion of certified regulation text to OAL. Anticipated Benefits of the Proposed Regulations The specific anticipated benefits of the proposed regulations are increased efficiency in creating and processing rulemaking actions and reduction in use of government resources. A smaller number of cop - ies required for submission to OAL will be easier and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 654 cheaper for agencies to compile and faster for OAL to process upon receipt and, for those actions that are approved by OAL, prior to filing with the Secretary of State. Evaluation of Inconsistency/Incompatibility with Existing State Regulations The only existing state regulations concerning submission of the APA–related documents described above to OAL are in division 1, title 1 of the CCR. After careful evaluation, OAL has determined that the proposed changes are not inconsistent or incompatible with existing regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION OAL has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: OAL anticipates that the proposed changes will lead to a reduction in printing materials (e.g., paper, toner) used for purposes of submitting APA–related documents to OAL, which will result in a small savings to other state agencies.

OAL anticipates a slight increase in its own printing costs, as some hard–copy documents that must still be distributed for various purposes were previously provided by agencies pursuant to Government Code

section 11343, subdivision (d), and will instead have to be reproduced by OAL when electronic copies or scans will not suffice. The costs of processing elec - tronic submissions should not increase because OAL has been producing necessary hard–copy documents since the electronic submission procedures were first adopted in 2020, and this practice will not be affected by the proposed regulatory changes. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None. Cost impacts on a representative private person or business: OAL 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 regulations.

Results of the Economic Impact Analysis/Assessment OAL concludes that it is unlikely that the propos - al will (1) eliminate any jobs, (2) create any jobs, (3) create any new businesses, or (4) eliminate any exist - ing businesses or result in the expansion of businesses currently doing business within the state. OAL be - lieves reducing the number of documents required for submission will reduce paper usage by state agencies, which may be beneficial to the environment.

OAL believes requiring fewer documents to be created and submitted will reduce interpersonal contact and handling of paper documents, which may lessen expo- sure and transmission of diseases and improve worker safety as well as the health and welfare of California residents. Small Business Determination The proposed regulations will not affect small busi- nesses. These regulations establish procedures that only state agencies must follow. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

OAL invites interested persons to present statements or arguments with respect to alternatives to the pro - posed regulations during the written comment period. CONTACT PERSONS Inquiries concerning the proposed rulemaking ac - tion may be directed to: Thanh Huynh Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 Phone: (916) 323–6225 Email: OALProposedRulemakings@oal.ca.gov The backup contact person for these inquiries is: Eric Partington Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 Phone: (916) 323–6225 Email: OALProposedRulemakings@oal.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 655 AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE OAL will make the entire rulemaking file available for inspection and copying throughout the rulemak - ing process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of the Notice of Proposed Action, the proposed text of the regulations, the Initial Statement of Reasons, and the STD. 399. Please direct requests to inspect or copy the rulemaking file to the contact person(

s) listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant com - ments received, OAL may adopt the proposed regula - tions substantially as described in this notice. If OAL makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before adopting the reg- ulations as revised. Please direct requests for copies of any modified regulations to the contact person(

s) listed above. If substantive modifications are made, OAL will accept written comments on the modified regulations for the duration of the period of public availability. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, OAL will make copies of the Final Statement of Reasons available. Please direct re- quests for copies to the contact person(

s) listed above. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modified text and notices thereof, if any, may be accessed via OAL ’s website at www.oal.ca.gov. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tions at a public hearing on or after June 15, 2023 at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California, commencing at approximately 10:00 a.m. Written comments should be received at the Commission of - fices no later than 5:00 p.m. on June 13, 2023.

BACKGROUND/OVERVIEW Commission staff has identified a need for amend - ments to various regulations pertaining to advertise - ment disclosures as a result of changes made to the Political Reform Act (“the Act”) by SB 1360 (2022), effective January 1, 2023. The proposed amendments will correct cross–references as necessary and make other changes needed as a result of the new legisla- tion. Additionally, proposed amendments define “tele- vision” to include programming viewed via stream - ing TV or connected TV for certain campaign adver - tisement disclosures.

Proposed amendments include amendments to Regulations 18402, 18450.3, 18450.4, 18450.6, 18450.8, and 18450.9. REGULATORY ACTION Amend 2 Cal . Code Regs ., S ection 18402 — Committee Names The Commission may consider amending Regu- lation 18402(

c) to add a reference to

Section 84502, which now permits a shortened committee name for certain specified advertisements. Amend 2 Cal . Code Regs ., S ection 18450 .3 — T op Contributor Disclosure for Affiliated Entities The Commission may consider amending Reg - ulation 18450.3 to specify, that in accordance with amendments to

Section 84503(b), specified terms shall not be used in the disclosure of top contributor names except as permitted by statute. 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 656 Amend 2 Cal . Code Regs .,

Section 18450 .4 — Video and Television Advertisement Disclosure The Commission may consider amending Regula - tion 18450.4(

b) to correct a cross–reference to

Section 84504.3. The Commission may consider amending Regu - lation 18450.4 to add a new subdivision (

c) defining “television” advertisements to include advertisements viewed via over–the–top (OTT) or streaming televi - sion delivery, as well as those viewed via connected television (CTV). The Commission may consider amending Regula - tion 18450.4 to add a new subdivision (

d) to specify permissible forms of top contributor delineation in ac- cordance with

Section 84504.1(b)(4). Video and televi- sion advertisements subject to

Section 84504.1 would be permitted to use one or both of the following to delineate between top contributor names that exceed the width of the screen and wrap onto a second line: a common grammatical symbol or sufficient vertical separation. Amend 2 Cal . Code Regs .,

Section 18450 .6 — Disclosure on Advertisements in Languages Other than English The Commission may consider amending Regula - tion 18450.6(

b) to add a reference to

Section 84502 now permitting a shortened committee name for cer - tain specified advertisements. Amend 2 Cal . Code Regs .,

Section 18450 .8 — Disclosure for Advertisements on Listening Applications that are Both Audio and Visual The Commission may consider amending Regula - tion 18450.8(

a) to correct a cross–reference to

Section 84504.3. The Commission may consider amending Regu - lation 18450.8(

b) to remove an unnecessary cross– reference to

Section 84504.4. Amend 2 Cal . Code Regs .,

Section 18450 .9 — Website Advertisements and Third–Party Social Media Advertisements The Commission may consider amending Regula - tion 18450.9(

a) to correct a cross–reference to

Section 84504.3. The Commission may consider amending Reg - ulation 18450.9(

b) to either remove it or update it in accordance with recent amendments made to

Section 84504.3 related to social media campaign advertisements. SCOPE: The Commission may adopt the language noticed herein, or it may choose new language to im - plement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT: Fiscal Impact on Local Government. These regula- tions will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. These regula - tions will have no fiscal impact on any local entity or program. Fiscal Impact on Federal Funding of State Pro - grams . These regulations will have no fiscal impact on any local entity or program. AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of these regulations is to implement, in- terpret, and make specific Government Code Sections 82013, 82015.5, 84102, 84501, 84501.1, 84502, 84503, 84504, 84505, 84504.1, 84504.2, 84504.3, 84504.4, 84504.5, 84504.6, 84504.7, 84506.5, 84509, 84510, and 84511. CONTACT Any inquiries should be made to Erika M.

Boyd, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; telephone (916) 322– 5660 or 1–866–ASK–FPPC, or by email at eboyd@ fppc.ca.gov. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/fppc– regulations/proposed–regulations–and–notices.html . TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODE AMENDMENT STATE AGENCY: California State Universities A written comment period has been established commencing on May 12, 2023 and closing on June 26, 2023. Written comments should be directed to the Fair

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 657 Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, CA 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear - ing is requested, the proposed code will be submitted to the Commission for review. The Executive Director of the Commission will re - view the above–referenced conflict–of–interest code, proposed pursuant to Government Code

Section 87300, which designates, pursuant to Government Code

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

Any written com- ments must be received no later than June 26, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

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

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811, telephone (916) 322–5660. TITLE 2. FAI R POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Ti - tle 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regula- tion at a public hearing on or after June 15, 2023, at the offices of the Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA, com - mencing at approximately 10:00 a.m. Written com - ments should be received at the Commission offices no later than 5:00 p.m. on June 13, 2023. BACKGROUND/OVERVIEW Governing Statutes.

The Commission has “primary responsibility for the impartial, effective administra- 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 658 tion and implementation of [the Act].” (Section 83111.) The Commission has authority to initiate investiga - tions of possible violations of the Act under

Section 83115, which states: “Upon the sworn complaint of any person or on its own initiative, the commission shall investigate possible violations of this title relating to any agency, official, election, lobbyist or legislative or administrative action….” In conducting investigations, the Commission has the statutory power to compel the production of doc - uments or the attendance of witnesses by administra - tive subpoena under

Section 83118, which provides: “The Commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records or oth - er items material to the performance of the Commis - sion’s duties or exercise of its powers.” In addition to the specific provisions of the Act, the Government Code provides general authority for all state agencies to investigate matters under their ju - risdiction. (Sections 11180–11191.) These provisions apply to subpoenas issued under both the general investigative power of a state agency (Section 11181) and statutes specific to the Commission. (See People ex rel .

Franchise Tax Bd . v . Sup .Ct . ( 1 9 8 5) 1 64 Cal . App.3d 526, 536–540 [subpoena issued by FTB en - forced under statutes relating to FTB investigations] (disapproved on other grounds by Dana Point Safe Harbor Collective v . Sup . Ct . (2010) 51 Cal.4th 1, 11.) The Commission has the general investigative pow- er to issue subpoenas in connection with any investi - gation under

Section 11181(e), which provides: In connection with any investigation or action au- thorized by this article, the department head may …[i]ssue subpoenas for the attendance of witness- es and the production of papers, books, accounts, documents, any writing as defined by

Section 250 of the Evidence Code, tangible things, and testi - mony pertinent or material to any inquiry, inves - tigation, hearing, proceeding, or action conduct - ed in any part of the state. Neither the Act nor the Government Code provide a requirement to seek voluntary disclosure of informa - tion before issuing an administrative subpoena. Amendments to Regulation 18702.2. Staff propos- es and the Commission may consider amending Regu- lation 18361.1 to address the procedure that staff must follow when issuing a subpoena.

The scope of the regulatory proposal may include any and all aspects of Regulation 18702.2 including, but not limited to, proposed language to establish a specific definition of “reasonable efforts to obtain information voluntarily” by requiring that Commission staff seek to obtain in - formation requested in an administrative subpoena on a voluntary basis by imposing a 21–day period before which an administrative subpoena may be served on a prospective recipient.

The 21 days begins when staff communicates in writing to the prospective recipient requesting voluntary disclosure of information prior to the issuance of an administrative subpoena.

These proposed amendments will replace the exist - ing subjective requirement, that staff make “reason - able efforts” to obtain voluntary disclosure, with a clear, objective definition of what constitutes “reason- able efforts.” This objective requirement: eliminates any confusion and undue delay caused by attempts to comply with an undefined subjective requirement; makes it easier for potential subpoena recipients and their counsel to understand and follow; and provides a clearly defined time frame that would promote and facilitate compliance with staff’s efforts to obtain vol- untary disclosure.

REGULATORY ACTION Amend 2 Cal . Code Regs .

Section 18361 .1 — Ad - ministrative Subpoenas . SCOPE The Commission may adopt the language noticed herein or it may choose new language to implement its decisions concerning the issues identified above or related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula - tion will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Pro - grams . This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 659 CONTACT Any inquiries should be made to John M. Feser Jr., Fair Political Practices Commission, 1102 Q St., Suite 3000, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC. The language of the proposed amendment of Regulation 18361.1 can be accessed at h ttp://www.fppc.ca.gov/the–law/fppc– re gulations/proposed–regulations–and–notices.html . TITLE 5.

COMM ISSION ON TEACHER CREDENTIALING COST RECOVERY FEES FOR EXTRAORDINARY ACCREDITATION ACTIVITIES The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action de - scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the new proposed text shown in underline. The Commission has not scheduled a public hearing on this proposed action.

However, the Commission will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days before the close of the comment period.

SUMMARY OF THE EFFECT OF THE PROPOSED ACTION The proposed action would amend the California Code of Regulations, Title 5,

section 80692. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments by fax, through the mail, or by email relevant to the proposed action. The written comment period closes on June 26, 2023. Comments must be received by that time or may be submitted at the public hearing, should one be requested. Interested parties may fax their response to (916) 327–3165; write to the Commission on Teacher Credentialing, attn.

Lynette Roby, 1900 Capitol Avenue, Sacramento, CA 95811; or submit an email to Lynette.robv@ctc.ca.gov or Miranda Gutierrez at mgutierrez@ctc.ca.gov. Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda pre - pared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE The Commission’s authority to establish program standards is established in subsection (b)(1)(

C) and (

d) of Education Code

section 44225. Specifically,

section (b)(2) of Education Code 44225 states that “The com- mission may establish standards and requirements for preliminary and professional credentials of each type.” Additionally, Education Code

section 44374.5 authorizes the Commission to develop and implement a cost recovery plan for extraordinary accreditation activities. Cost Recovery fees are assessed for activ - ities beyond regular accreditation cycle activities and include such activities as initial institutional approv - al, initial program approval, revisits, and focused site visits. INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations The Commission adopted regulations related to Cost Recovery fees for extraordinary accreditation ac- tivities at the September 27, 2013, meeting following the addition of Education Code

section 44374.5, which authorized the Commission to develop and implement a cost recovery plan for extraordinary accreditation activities. Emergency regulations were approved by Office of Administrative Law in October 2013 and in 2014 the regulations became permanent.

Objectives and Anticipated Benefits of the Proposed Regulations Currently, Cost Recovery fees for Initial Institution- al Approval are assessed as a flat fee of $2000 while Cost Recovery fees assessed for initial program review are divided into three categories based on a program’s number of standards: A $2000 flat fee for programs that include twelve or more standards; a $1500 flat fee for Tier II and Specialist Programs; and a $1000 flat fee for Added Authorization and Special Class/Teach- ing Authorization programs that address fewer than six standards.

In recent years the Commission has reviewed and revised program standards to reflect changes in Cal - ifornia schooling, statewide priorities, and develop - ments in evidence–based research on how students learn and effective strategies for teaching. These re - visions have resulted in a significant restructuring of program standards with the addition of performance expectations. As a result, the number of standards re - quired for a program credential type does not accu- rately reflect the complexity of the program nor the effort involved in reviewing the program type to de -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 660 termine alignment to standards. The proposed regu - lations address these issues by maintaining the three categories of fees but replacing the reliance on number of standards with consideration of the complexity of a program’s standards and performance expectations and explicitly identifying which credential program type falls under each fee category.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern Cost Recovery fees assessed for extraordinary accreditation activities. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations.

LOCAL MANDATE These proposed regulations will not impose a man - date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Local education agencies may choose to sponsor educator preparation programs utilizing the proposed regu - lations; however, no mandate exists requiring local agencies or school districts to have educator prepa - ration programs and, therefore, no reimbursement in accordance with

Part 7 (commencing with

section 17500) of the government code is required. FISCAL IMPACT Costs to any local agency or school districts requiring reimbursement pursuant to Government Code

section 17500 et seq . These proposed regulations will not impose a cost to local agencies or school districts requiring reimburse - ment in accordance with

Part 7 (commencing with

section 17500) of the Government Code as sponsoring an educator preparation program which is aligned to the proposed regulations and is not required by law. Cost or savings to any state agency . None. This will not create a cost or savings to any state agency. Cost Recovery fees are currently being assessed and the proposed amendments clarify the manner in which the fees are determined. Addition - ally, the regulations apply to currently approved edu - cator preparation institutions or to institutions seeking approval to offer a teacher preparation program.

Other non–discretionary costs or savings imposed upon local agencies . None. Sponsoring an educator preparation program is not a required by law. Cost or savings in federal funding to the state . None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not re - quired by law and would not impact federal funding to the state. HOUSING COSTS No effect on housing costs.

These regulations only pertain to currently approved educator preparation programs, to institutions seeking approval to offer a teacher preparation program, and to institutions ex - panding their business into education preparation in California. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Commission has concluded there is no signifi - cant adverse impact on business. STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California These amendments will not create or eliminate jobs in California. The proposed amendments pertain to Cost Recovery fees assessed of educator preparation programs for extraordinary accreditation activities. Creation of New Businesses or Elimination of Existing Business within California These amendments will not create or eliminate ex - isting businesses in California.

The proposed amend - ments pertain to Cost Recovery fees assessed of edu - cator preparation programs for extraordinary accredi - tation activities. Expansion of Businesses Currently Doing Business within the California These amendments will not cause the expansion or elimination of existing businesses in California. The proposed amendments pertain to Cost Recovery fees assessed of educator preparation programs for extraor- dinary accreditation activities.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 661 Benefits of the Regulations The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents by providing clarity and consistency for educator preparation programs and their constituents when determining the Cost Re - covery fees to be assessed for extraordinary accredi - tation activities. Cost recovery fees support the Com - mission’s accreditation system which ensures high quality educator preparation programs for California’s public schools.

The Commission does not anticipate that these reg - ulations will result in a direct benefit to worker safety or the state’s environment. COST IMPACTS ON A 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. BUSINESS REPORT This proposal does not require a report to be made. EFFECT ON SMALL BUSINESS The proposed regulations will not effect small busi- ness.

The proposed regulations apply only to education- al institutions electing to offer or offering Commission– approved and accredited educator preparation pro - grams. Educational institutions are California State Universities, Universities of California, private four– year colleges and universities, or local education agencies, none of which meet the definition for small business as defined in government code 11342.610. The vast majority of Commission–approved program sponsors are nonprofit educational institutions.

Very few institutions of higher education approved by the Commission at this time are for–profit businesses. Because offering an educator preparation program is voluntary, any institution must evaluate whether they have sufficient resources to offer a high–quality prepa- ration program in accordance with the state adopted standards, state statute, and regulations such as the Cost Recovery fee regulations.

ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro - posed action, 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 Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/ FURTHER INFORMATION General or substantive inquiries concerning the proposed action may be directed to Lynette Roby by telephone at 916–324–3668, by mail at Commission on Teacher Credentialing: Attention: Regulations, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to Lynette.roby@ctc.ca.gov or Miranda Gutierrez at mgutierrez@ctc.ca.gov.

General question inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available. This information is also available on the Commission’s website at http:// www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Ini - tial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons. Copies may be obtained by contacting Ly- nette Roby at the addresses or telephone number pro - vided above.

MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non– substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 662 rulemaking package, following the conclusion of the public hearing. Upon its completion, copies of the Fi - nal Statement of Reasons may be obtained by contact- ing Lynette Roby at Lynette.roby@ctc.ca.gov. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 11.

C OMMISSION ON PEACE OFFICER STANDARDS AND TRAINING MINIMUM STANDARDS FOR TRAINING & BASIC COURSE REQUALIFICATION REQUIREMENTS COMMISSION REGULATIONS 1005 & 1008 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized repre - sentative, 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 26, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Julie Gorwood at julie.gorwood@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 § 1 3503(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 This rulemaking action to the regulations proposed in this rulemaking action will change Commission Regulation 1005 to allow an applicant one additional opportunity to repeat a failed Requalification Course or test out option, within a 12–month period, and af - ter a 30–day wait period. The proposed change to Commission Regulation 1008 will allow former Ba- sic Course Waiver (BCW) recipients one additional opportunity to reapply for the waiver as long as they maintained qualifying law enforcement employment. The proposed changes require the BCW forms to be updated.

Additional changes clarify requirements for eligibility and add the proposed changes from Com - mission Regulations 1005 and 1008 to the Regular Ba- sic Course Waiver (RBCW) Application form (POST 2–267), and Specialized Investigators’ Basic Course Waiver (SIBCW) Application form (POST 2–353). Currently, Commission Regulation 1005 requires a BCW applicant, who received a waiver but did not ob- tain qualifying employment within six years, to com - plete the appropriate basic course. The applicant is denied reapplying for the waiver, regardless if the ap - plicant has been employed in another state.

Commis - sion Regulation 1005 requires BCW applicants who fail Step 3 of the process to complete the appropriate basic course and are denied the ability to reapply for the waiver again. The effect of these proposed changes allows appli - cants who failed the Requalification Course or test - ing option an extra opportunity to repeat Step 3 of the BCW process with allowed time frames and former BCW recipients the ability to reapply for a waiver un- der the current requirements if they meet the experi - ence requirement.

The regulation changes will update the RBCW and SIBCW application forms and the ad - ditional changes clarify the requirements to meet the general law enforcement requirement as being contin- uous and full–time with one employer.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will allow former BCW recip- ients a chance to reapply for a second waiver if they meet law enforcement experience requirements and BCW applicants who fail the Requalification Course or testing opting, the opportunity to request a sec - ond chance to retake the course. The updates to the BCW application forms will clarify requirements. The proposed amendments to the regulation 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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 663 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 INCORPORATED BY REFERENCE The following forms are incorporated by reference: ● R egular Basic Course Waiver Application, POST 2–267 ● S pecialized Investigators’ Basic Course Waiver Application, POST 2–353 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 sections 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 necessarily incur in reasonable compliance with the proposed 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 di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states.

Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business 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.

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 clarity to the re - quirements for background inquiries when evaluat - ing a candidate for peace officer selection. 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 § 1 1346.5, subdivision (a) (13), POST must determine that no reasonable alter - native it considered, or that has otherwise identified 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 Julie Gorwood, Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–3915. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 664 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 available 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. C OMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND PEACE OFFICER SELECTION STANDARDS COMMISSION REGULATION 1953 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

section 11346.8, any interested person, or his/her duly authorized rep - resentative, 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 26, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Melani Singley at melani.singley@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’s authority to adopt reg- ulations). This proposal is intended to interpret, im - plement, and make specific PC § 1 3503(f), (h), and (

i) which authorizes POST to investigate and determine the fitness of any person to serve as a peace officer within the POST program or as defined in

Section 13510.1 in the state of California; to audit any law enforcement agency that employs peace officers de - scribed in subdivision (

a) of

Section 13510.1, without cause and at any time; and to do any and all things necessary or convenient to enable it fully and ade - quately to perform its duties and to exercise the power granted to it. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action will mandate use of the POST–developed Personal History Statement — Peace Officer POST 2–251.

Commission Regulation 1953 outlines the require - ments for conducting thorough background investi - gations of peace officer candidates, which includes specific areas to be investigated, documentation re - quirements, and background dimensions to assist with identifying candidates who are of good moral char - acter and have no past behaviors indicative of unsuit - ability for employment.

Legislation has implemented additional requirements for peace officer candidates, including screening for biases and the implementa- tion of a certification process for peace officers, which incorporated several new disqualifications into law. Commission Regulation 1953 also requires that candi- dates complete the POST Personal History Statement (PHS) — Peace Officer, POST 2–251, or an alternative PHS form, which includes specific topical areas and inquiries addressing GC § 1029 disqualifiers.

The proposed changes to Commission Regulation 1953 will require agencies to use the POST–developed Personal History Statement — Peace Officer, POST 2–251 form or an electronic version of the POST–

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 665 developed PHS form that includes an exact replication of the questions on the 2–251 form. A survey conduct- ed by POST in March 2023, indicated that a majority of the respondents (95%, n=136) are currently using the POST form. Those who are not indicated that they are using an electronic version of the form provid - ed through companies who offer e–background ser - vices.

Discussions with the companies indicate they use the POST 2–251 form as their template, and they are willing and able to make necessary adjustments to conform with POST requirements. To allow these software companies time to adjust their software pro - grams, if/as needed, POST is requesting an effective date of July 1, 2024. Requiring the POST–developed Personal History Statement — Peace Officer, POST 2–251 form will provide consistency, standardization, and uniformi - ty in the gathering of personal history information, which were the primary reasons survey respondents indicated they currently use the form.

It will also help to ensure that agencies are requesting and receiving only information that is relevant and necessary to comply with recent legislation and POST regulations, and will streamline the review of personal history in - formation during the selection process and by POST staff when conducting mandatory compliance audits.

Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide efficacy and con - sistency in peace officer selection, 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 INCORPORATED BY REFERENCE ● Personal History Statement — Peace Officer, POST 2–251 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 sections 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 necessarily incur in reasonable compliance with the proposed 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 di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.

Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations. Additionally, the Commission’s main function is 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 nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently 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 ensure that Commission Regulations are consistent with current state laws and regulations.

Thus, the law enforcement standards are maintained and effective 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 alter- native it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 666 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 Melani Singley, Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–4258.

General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802. TEXT OF PROPOSAL Individuals may request copies of the proposed text (t he “ex pr e s s t e r m s”) of t he r eg u lat ion s , t he i n it ia l st at 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.

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. C OMMISSION ON PEACE OFFICER STANDARDS AND TRAINING PEACE OFFICER SELECTION STANDARDS COMMISSION REGULATIONS 1950 AND 1953 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled. Pursuant to Government Code (GC)

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Melani Singley at melani.singley@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 (author - ity of POST), PC

section 13506 (POST authority to adopt regulations). This proposal is intended to in - terpret, implement, and make specific PC § 1 3503(f), (h), and (i), which authorizes POST to investigate and determine the fitness of any person to serve as a peace officer within the POST program or as defined in

Section 13510.1 in the state of California; to audit any law enforcement agency that employs peace of - ficers described in subdivision (

a) of

Section 13510.1, without cause and at any time; and to do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 667 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action brings Commission Reg - ulations 1950 (peace officer selection standards) and 1953 (peace officer background investigation) current with Commission Regulations and recent legislative changes. Commission Regulation 1950: Peace Officer Selec- tion Requirements specifies the requirements for re - instated peace officers.

The regulation is being updat - ed to provide consistency with previous changes made to Commission Regulation 1003(b)(2), which removed the required Notice of Appointment/Termination form and replaced it with written documentation submitted through the POST EDI system. Commission Regu - lation 1950 is further being revised to conform with Senate Bill (SB) 960, signed into law by Governor Newsom in September 2022. SB 960 repealed

section 1031.5 of the Government Code, effective January 1, 2023, removing citizenship as a bar from peace officer employment. The current regulation requires reinstat - ed peace officers to provide documentation to satisfy the statutory requirements, per GC § 1031.5, which re- quires peace officers to obtain citizenship within three years of application for employment. Commission Regulation 1950 is being updated to conform with SB 960 by removing reference to the repealed law. Commission Regulation 1953(e)(1): Citizenship Verification r e f e r e n c e s t h e m i n i m u m s t a t u t o r y r e- quirements of Sections 1031(

a) and 1031.5 of the Gov- ernment Code, which require citizenship for peace of- ficers. It also provides documentation requirements to enable POST to verify that these minimum statutory requirements have been met. SB 960 repealed these citizenship requirements as of January 1, 2023, re - placing citizenship with legal authorization to work in the United States. Commission Regulation 1953(e)(1) is being updated to reflect the legislative change and to update the documentation requirements consistent with the statute.

Additional changes are made to further comply with the requirements set forth in the California Law En - forcement Accountability Reform (CLEAR) Act (PC § 13681) requiring that “ Any background investigation of a candidate for a peace officer position shall in - clude an inquiry into whether the candidate has en - gaged or is engaging in membership in a hate group, participation in any hate group activity or advocacy of public expressions of hate .” Commission Regulation 1953(e)(12): Social Media Check is being modified to address “public expressions of hate” as identified in

Section 13681 of the Penal Code and defined in Sec - tion 13680 as “any statement or expression to another person, including any statement or expression made in an online forum that is accessible to another per - son, that explicitly advocates for, explicitly supports, or explicitly threatens to commit genocide or any hate crime or that explicitly advocates for or explicitly sup- ports any hate group .” Commission Regulation 1953(g)(1): Background Narrative Report is modified to require that the re - port include any findings of the candidate’s involve - ment in or affiliation with hate groups, membership, or hate speech as defined in the statute.

The Verification of Qualification for Peace Officer Appointment form is being updated to conform with the changes made by SB 960, specifically removing citizenship and replacing with employment eligibility. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will provide efficacy and con - sistency in peace officer selection, 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 INCORPORATED BY REFERENCE ● Verification of Qualification for Peace Officer Appointment, POST 2–355 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 Government Code sections 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 necessarily incur in reasonable compliance with the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 668 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 di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.

Small Business Determination: POST has deter - mined that the proposed regulations will not affect small business 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.

section 11346.5, subdivision (a)(13), POST must determine that no reasonable alter- native it considered, or that has otherwise identified 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 Melani Singley, Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–4258. General questions regarding the regulatory process may be di - rected to Katie Strickland at (916) 227–2802.

s) named above.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 669 Leave (PFL) over the past decade. The EDD delivered unprecedented levels of benefits to Californians during the pandemic, paying over $180 billion in unemploy - ment insurance benefits. The pandemic tested every benefit system in the country and pushed capabilities to their limits, exposing the need to engage custom - ers directly to design better systems and modernize operations.

To ensure the EDD can continue to deliver bene - fits to Californians in the most efficient way possible, the EDD is looking to modernize all UI, DI, and PFL business program operations and their related sys - tems. The EDD has established a 5–year incremen - tal implementation roadmap for a new EDD benefit system. This modernization effort is called EDDNext. The goal of the EDDNext modernization is to promote responsible service, implement sustainable business operations, and advance technical innovation.

At the core of this modernization plan is the creation of an online integrated claims management system that will enable EDD customers to quickly file claims and claim related documents, check claim status, receive important notices and information from the EDD, and communicate with the Department. The project will improve customer service across EDD’s UI, DI, and PFL benefit programs. The EDD has been working to make legislative and regulatory changes needed for automation and mod - ernization.

As an example, Senate Bill 191 was re - cently passed to authorize the EDD to serve notices, including notices of determination of eligibility for benefits, personally, electronically, by mail, or in any other manner the Department elects. Previously, the law only permitted the EDD to serve certain notices either personally or by mail. Changes such as these are intended to speed up the claims process for claim- ants and to allow the Department to use technology to work more efficiently.

Under UIC sections 305 and 306, the Department is authorized to adopt, amend, or repeal regulations for the administration of the functions of the Department. UIC

section 2708(

a) mandates that, except as provided in UIC

section 2708(

c) and sections 2708.1 and 2709, medical eligibility for an SDI or PFL claim must be supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employ - ee. Under UIC

section 2706.1, the first claim, accom - panied by the certificate, shall be filed no later than the forty–first consecutive day following the first com- pensable day of unemployment and disability. If the first claim is incomplete, the form is returned to the claimant and, absent good cause, the claimant must return the completed form within ten days of when the Department mailed it. Pursuant to UIC

section 2706.2, TITLE 22. EMPLOYMENT DEVELOPMENT DEPARTMENT

SECTION 2706–4 ELECTRONIC FILING OF DOCUMENTS BY PHYSICIANS, PRACTITIONERS AND REGISTRARS OF COUNTY HOSPITALS The Employment Development Department propos- es to amend California Code of Regulations (CCR), title 22,

section 2706–4. The amendment will require physicians, practitioners, and registrars of coun - ty hospitals to file disability insurance certifications electronically. The Department will amend this regulation after considering all comments, objections, or recommen - dations regarding the proposed regulatory action. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Employment Development Department (EDD) administers the State Disability Insurance (SDI) pro - gram.

The SDI program was established in 1946 to provide a partial wage replacement insurance plan for eligible California workers who suffer wage loss from being unable to perform their regular or customary work due to non–work related illness or injury. Senate Bill (SB) 1661 (Chapter 901, Statutes 2002) and SB 727 (Chapter 797, Statutes 2003) added the Family Temporary Disability Insurance (FTDI) ben - efit, also known as Paid Family Leave (PFL), to the California Unemployment Insurance Code (UIC).

PFL provides benefits to eligible workers who have loss of wages when they take time off work to care for a seriously ill child, spouse, parent, parent–in–law, grandchild, grandparent, sibling or registered domes - tic partner, or to bond with a new child. Under UIC

section 2708, a claimant must establish medical eligibility for each period of disability bene - fits by filing an initial or continued claim supported by the certificate of a treating physician or practitioner that establishes the sickness, injury, or pregnancy of the employee, or the condition of the family member that warrants the care of the employee. It is the treating physician or practitioner who completes and files the medical certificate with the EDD. Currently, certifi - cates are filed either electronically or by paper. Paper certifications are mailed or hand delivered to the EDD.

The EDD is in the process of modernizing its sys - tems. The Department has the nation’s largest public benefit system with over 21 million claimants and 63 million claims being filed for Unemployment Insur - ance (UI), Disability Insurance (DI), and Paid Family

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 670 any continued medical certification shall be submitted to the Department within twenty days of the date the claimant is issued a notice of final payment or depart- mental request for additional medical certification. Title 22,

section 2706–4 of the California Code of Regulations (CCR) currently requires the EDD to ac - cept disability claims and other related documents by mail except in cases when the Department requires a personal appearance or examination. These amend - ments to Title 22,

section 2706–4 of the CCR would make a distinction between who must file documents electronically and who may file documents by mail or electronically. The proposed changes would re - quire vetted physicians, practitioners, and registrars of county hospitals to file medical documents electroni - cally through their verified EDD online accounts. The proposed changes would reaffirm that required claim documents completed by the claimant may continue to be filed by mail or electronically.

The amendments are necessary to give the Depart - ment clear authority to require physician and practi - tioner accountholders, most of whom already keep electronic health records, to file documents electron - ically. Electronic filing by physician and practitioner accountholders is necessary to allow the Department to more quickly and efficiently process claims. ANTICIPATED BENEFITS FROM THE PROPOSED REGULATION The anticipated benefit from the proposed regulation amendments is that the EDD will be able to process SDI and PFL claims faster and more efficiently.

The amendments would require treating physicians and practitioners to file medical certifications electronical- ly unless they have been granted a waiver. The EDD’s online claims system can quickly and efficiently re - view and process the certificates through automation, reducing the amount of time and resources needed for a claimant to received benefits. DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations.

After conducting a re - view for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern physicians, practi - tioners, and registrars of county hospitals to file dis - ability insurance certifications electronically. AUTHORITY AND REFERENCE Sections 305, 306, and 2602, Unemployment Insur- ance Code.

Section 2706, Unemployment Insurance Code. FISCAL IMPACT Anticipated costs or savings in federal funding to the State: None. Anticipated costs or savings to any State Agen - cy: The DI Branch of the EDD estimates a total cost of $144,642 to implement the regulation by updating existing processes. The one–time implementation cost is to develop business requirements for the program - ming efforts, update information on the EDD website, communicate updates for staff, and educate customers. Anticipated costs or savings to any local agency or school district: None.

Significant statewide adverse economic impact directly affecting business, including ability to compete: The Department does not anticipate this regulatory action will result in any costs to the federal government, to State government, to local county gov- ernments, or to private individuals.

The cost impacts on representative persons or businesses: For a business (including a small business or pri - vate practice ) that does not currently have the ca - pabilities to submit documents electronically to the EDD, the EDD estimates an initial one–time cost of up to $1,000 with potential additional costs of up to $1,000 annually, as described in greater detail below. The initial one–time cost of $1,000 represents the cost to purchase and install necessary equipment, specifically a personal computer and establish inter - net connectivity.

According to Internet Service Pro - viders, 1 annual internet service (pre–tax and fees) can cost up to $600. Factoring in additional potential costs for equipment and software service and upkeep, the EDD estimates ongoing cost for compliance with the proposed regulations to be up to $1,000 annually. Small business impact: The Department has deter- mined that the proposed regulatory action does affect small businesses. Anticipated impact on housing costs: The pro - posed regulations will have no effect on housing costs. Anticipated non–discretionary costs or savings imposed upon local agencies: None.

LOCAL MANDATE DETERMINATION The Department determined these proposed amend- ments will not impose any new mandates on school 1 https://www.isp.com/near–me/ca/ , accessed 4/27/2022.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 671 districts or other local governmental agencies or any new mandates which must be reimbursed by the State pursuant to

Part 7 (commencing with

section 17500), Division 4 of the Government Code. RESULTS OF ECONOMIC IMPACT ASSESSMENT PREPARED PURSUANT TO GOVERNMENT CODE

SECTION 11346.3(

B) The Department determines the proposed amend - ments will not affect the creation or elimination of jobs within the State of California, the creation of new businesses or the elimination of existing business - es within the State of California, or the expansion of businesses currently doing business within the State of California. The anticipated benefit from the proposed regulation amendments is that the EDD will be able to process SDI and PFL claims faster and more efficiently.

The amendments would require treating physicians and practitioners to file medical certifications electronical- ly unless they have been granted a waiver. The EDD’s online claims system can quickly and efficiently re - view and process the certificates through automation, reducing the amount of time and resources needed for a claimant to received benefits, therefore providing a positive benefit to the health and welfare of California residents. There are no anticipated benefits to worker safety or to the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with

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

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments on the pro- posed action to Kim Van Nguyen via U.S. mail, email, or fax (see U.S. mail and email addresses and fax number indicated below). Email comments should include true name and mailing address of the com - mentor. Written comments submitted via U.S. mail, email, or fax, must be received by the Department no later than June 26, 2023. Please submit any written comments before that time. The Department cannot accept written comments after the close of the public comment period.

CONTACT PERSONS Inquiries or comments should be directed to: (Mailing address) Kim Van Nguyen, Attorney Employment Development Department P.O. Box 826880 Legal Office, MIC 53 Sacramento, CA 94280–0001 (Hand delivery) Kim Van Nguyen, Attorney Employment Development Department 800 Capitol Mall, Room 5040 Legal Office, MIC 53 Sacramento, CA 95814 Telephone Number: (916) 654–8410 Fax Number: (916) 654–9069 Email Address: ProposedRegulations@edd.ca.gov Note: In the event Ms.

Nguyen is unavailable, inqui- ries should be directed to the following backup contact persons at the same address as noted above: Name: Linda Saeturn–Rodriguez, Senior Legal Analyst Telephone Number: (916) 654–8410 Questions regarding the substance of the proposed regulatory action should be directed at this time to: Name: Kim Van Nguyen, Attorney Telephone Number: (916) 654–8410 INTERNET WEBSITE ACCESS The Department has posted on its internet web - site http://www.edd.ca.gov materials regarding the proposed regulatory action.

Select “Proposed Regulations.” PUBLIC HEARING No public hearing has been scheduled on the pro - posed action. However, if any person desires to submit oral comments, the Department will

schedule a public hearing upon that person’s written request. Such re- quest must be received no later than 15 days prior to the close of the written comment period which is on June 26, 2023. A request for hearing can be made by contacting the persons noted above.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 672 MODIFICATION OF PROPOSED ACTION If the Department makes any additional changes based on public testimony, those changes (other than nonsubstantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted.

Copies of any addi - tional changes regarding the proposed regulatory ac - tion will be mailed to all persons who testified or sub- mitted written comments at the public hearing (if one is scheduled); whose comments were received by the agency during the public comment period; and who requested notification from the agency of the avail - ability of such changes. FINAL STATEMENT OF REASONS After the close of the 45–day public comment pe - riod, the Department will summarize and respond to all public comments in a written final statement of reasons.

To obtain a copy of the final statement of reasons, contact the persons noted above, or access the Department’s Internet website at http://www.edd. ca.gov.

FURTHER INFORMATION The Department has prepared and has available for review, upon request, the text of the proposed regu - lations discussed in this notice, written in plain En - glish; the initial statement of reasons setting forth the purpose of the proposed regulations; and the informa- tion upon which the Department relied in proposing the regulations. (If you received this notice by mail, a copy of the text of the proposed regulations and the initial statement of reasons were enclosed.) To obtain a copy, contact the persons noted above, or access the Department’s Internet website at http://www.edd. ca.gov.

All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public review. For inquiries re - garding the rulemaking file or the regulations’ pro - cess, contact the persons noted above.

GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT AIR TOXICS HOT SPOTS PROGRAM AMENDMENT TO NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOPS ON DRAFT CANCER INHALATION UNIT RISK FACTOR FOR ETHYLENE OXIDE On April 7, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) published the “No - tice of Public Comment Period and Workshops on a Draft Cancer Inhalation Unit Risk Factor for Ethylene Oxide” (OAL Notice File Number Z2023–0328–02). OEHHA is hereby updating information regarding the Southern California public workshop.

Within the previously published Notice of Public Comment Period and Workshops, the information re - garding the Southern California public workshop was noted as “To be determined.” The complete Southern and Northern California workshop information is now listed below. No other details related to the public com- ment period or public workshops have been changed. Public workshops will be held in Southern and Northern California at the following locations and times. Southern California May 16, 2023 9:00 a.m.–12:00 p.m. Room CC–2 South Coast Air Quality Management District 21865 E.

Copley Drive Diamond Bar, CA 91765 Northern California May 05, 2023 9:00 a.m.–12:00 p.m. Sierra Hearing Room Cal EPA Building 1001 I Street Sacramento, CA 95814

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 673 DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N UMBER 1653–2023–110–001–R1 Project: Dye Creek Fish Passage Improvement P r o j e c t Location: Tehama, CA Applicant: Jon Barrett Notifier: Resource Conservation District of Tehama County Background Project Location: The project is located just west of the Dye Creek Preserve at the Shasta Boulevard cross- ing of Dye Creek, north of Los Molinos in Tehama County, California. Coordinates of the project site are 40.087975°, –122.091064°.

Project Description: The purpose of the project is to improve fish passage conditions for adult and ju - venile salmonids and Pacific lamprey in Dye Creek. Improving fish passage at this site will improve access for anadromous fish to at least ten miles of spawning, rearing, and holding stream habitat upstream of the project site, and will improve downstream fish passage conditions during outmigration. The current crossing over Dye Creek is a 15–foot–wide by 200–foot–long concrete low–water vehicle crossing with two 18– inch diameter corrugated metal pipe culverts located roughly at the middle of the crossing.

The culverts are largely filled with sediment and the entire structure has been identified as a physical barrier to migration during most flow regimes. Installation of a New Low Water Crossing The improved crossing is a multi–cell reinforced concrete box (RCB) culvert structure that is 24 feet wide, approximately 84 feet long with eight RCB bar- rels. Each RCB barrel is approximately five feet tall, has a span of ten feet, and a barrel length of 24 feet. Each barrel will be embedded up to three feet, leaving a minimum open flow area of two feet tall and ten feet wide for each cell.

A standard Caltrans four–foot cut - off wall will be constructed on the opening side of the RCB structure in addition to the placement of Class V Rock Slope Protection (RSP) at the wingwall footings. To mitigate the potential for drop scour on the down - stream end of the RCB structure, a layer of Class V RSP will be placed at the outlet underneath native bed material. Class III RSP will be placed on the approach embankments, for approximately ten feet upstream of the new crossing, to mitigate erosion on the banks. A 12–inch–tall curb will be constructed across the top of the structure.

The culverts will be filled with native streambed material to emulate the existing adjacent streambed conditions. Grading and Dredging As part of the passage improvements, rough in– channel grading and dredging of materials will be completed upstream and downstream of the struc - ture to remove sediment deposition. The grading/ dredging will provide for a more uniform channel sec- tion for water flowing to and through the RCB struc - ture. The intent of the grading is to roughly lower the invert of the channel bed back down to the estimated natural stream bed invert.

Instream Work Dye Creek is an intermittent stream and construc - tion will be scheduled to occur during the low flow/ dry period. Natural stream flows are typically not present in the summer and early fall season, but irriga- tion tailwater from upstream agricultural activities, as well as upstream ditch overflows, can cause the stream to flow or have standing pooled water during the sum- mer/fall period. If dewatering of the site is necessary, the construction contractor will submit a temporary stream diversion / dewatering plan for approval pri - or to the start of work.

Plan approval will be subject to meeting environmental conditions specified in the construction documents and conditions stipulated in the environmental permits. Access Access to the site will be from Shasta Boulevard. Contractor staging areas will be developed on neigh - boring private lands to stage equipment and materials. No grading or excavation of the contractor use areas will occur. Revegetation Vegetation to be removed will be restored upon completion of the project, as required.

Approximately 0.15 acres of woody riparian, 0.07 acres of emergent wetland/riparian complex and 1.97 acres of herba - ceous upland vegetation will be revegetated in accor - dance with the Conceptual Revegetation Plan provid - ed by the Permittee. Pre– and Post–Construction Monitoring Pre– and post–construction monitoring will be con - ducted. Activities may include pre–construction bio - logical surveys, photo points, as–built surveys, as well as Tehama County Public Works post–construction site inspection and maintenance. Project

Schedule Project construction is anticipated to take a total of 16 weeks with instream work anticipated to take 13 weeks. Project construction will likely mobilize in late June or early July, as stream flows reduce or cease and anadromous fish are not likely to be present. The project

schedule is dependent on acquiring all envi -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 674 ronmental permits and favorable stream flows in early summer. It is anticipated that construction will begin in 2023 and continue for one construction season. All instream work will be completed by September 30, or by October 14 with California Department of Fish & Wildlife and National Marine Fisheries Service ap - proval (to address fish presence concerns). If all en - vironmental permits and funding are not acquired, the project may occur in 2024 or later. A detailed construction

schedule will be prepared prior to the start of construction. Post–construction revegetation maintenance will occur for approximately three grow- ing seasons following the completion of construction activities at each site. Post–construction monitoring activities will occur for at least one season following construction, with additional seasons of monitoring possible. Tehama County Public Works will be re - sponsible for maintaining the new crossing and per - forming routine maintenance.

Project Size: The total area of ground disturbance associated with the Project is approximately 0.89 acres and 340 linear feet of waterway, and approximately 2 acres of upland area (staging area). The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemption from the California Environ - mental Quality Act (Cal. Code Regs., tit. 14, § 15333).

Temporary Impacts to jurisdictional resources: 0.30 acres, 340 linear feet of streambed, bank, and/or channel. Permanent Impacts to jurisdictional resources: 0.59 acres, 310 linear feet of streambed, bank, and/or channel. Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: place- ment of approximately 27 cubic yards of sandbags for a water diversion (considered temporary, if necessary), and 1,960 cubic yards of materials associated with the removal of the current structure, construction of the new box culvert bridge, channel regrading, and rock slope protection armoring.

Project Timeframes: Start date: Late June or early July, 2023 Completion date: September 30, 2023 (or October 15, 2023 with permissions) Seasonal work window: Late June to September 30, 2023 Number of workdays: Approximately 80 days Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California, the Central Valley Regional Water Quality Control Board (Regional Water Board) issued a Notice of Ap- plicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Proj- ects SB12006GN (Order) Waste Discharge Identifica- tion (WDID) Number 5A52CR00227 for the Project.

The NOA describes the Project and requires the Appli- cant to comply with terms of the Order. Additionally, the Applicant has provided supplemental documents that set forth measures to avoid and minimize impacts to fish and wildlife. Receiving Waters: Dye Creek, a tributary to the Sac- ramento River. Filled or Excavated Areas : Temporarily filled or excavated area is approximated at 0.30 acres. Perma - nently filled or excavated area is approximated at 0.59 acres.

Discharge volume: Approximately 27 cubic yards of sandbags for a water diversion (considered tempo - rary, if necessary), and 1,960 cubic yards of materials associated with the removal of the current structure, construction of the new box culvert bridge, channel regrading, and rock slope protection armoring. Project location: The project is located just west of the Dye Creek Preserve at the Shasta Boulevard cross- ing of Dye Creek, north of Los Molinos in Tehama County, California. Coordinates of the project site are 40.087975°, –122.091064°.

Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.). On 3/31/2023, the Director of the California Depart- ment of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursu - ant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protection measures are con- sistent with the Habitat Restoration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on 3/30/2023, for publish- ing in the General Public Interest

section of the Cal - ifornia Regulatory Notice Register (Cal. Reg. Notice File Number Z–2023–0403–01) on 4/14/2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and re - lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho - rizing the Project.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 675 Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for Proj- ect, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included as a component of the NOI. The specific avoidance and minimization measures as well as water quality protection measures are found in the addendum titled: Avoidance and Min- imization .pdf Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a description of the monitoring and evaluation objectives for the project, as well as a reporting outline for the data gen- erated. Monitoring will be conducted throughout con- struction to assure that the new crossing is construct - ed according to the designed elevations and dimen - sions. Post–project as–built drawings as well as paired pre– and post–construction photos will be provided. An annual report including the aforementioned tasks will be submitted within 90 days of the completion of construction.

At least one additional annual report is scheduled for submittal at the end of the following year that will summarize site stability and performance. Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed.

A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number indicated above; ● success criteria for the Project. The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Proj - ect description as provided in the Applicant’s NOI. Applicant shall include the project name and WDID number with all future inquiries and document sub - mittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall submit the mon - itoring plan, monitoring report, and notice of com - pletion to CDFW as required by the General Order. Applicant shall submit documents electronically to: R1HABCONRedding@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & G.

Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR HOWSLEY ROAD BRIDGE REPLACEMENT PROJECT 2080–2023–006–02 SUTTER COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on April 27, 2023 that the Sutter County Development Services Department proposes to rely on a consultation between federal agencies to carry out a project that may adversely af - fect a species protected by the California Endangered Species Act (CESA).

The proposed project involves the removal and replacement of an existing two–lane bridge with a new, safer two–lane structure. Proposed activities will include, but are not limited to, excava - tion, bank disturbance, vegetation removal, construc - tion of the new bridge abutments and bents, buildup of embankments and roadway approaches, placement of scour projection measures, and development of the construction access into the channel.

The proposed project will occur on the Howsley Bridge between the Cities of Marysville and Sacramento approximately 1 mile east of State Route 99 and 70 along Howsley Road and west of the community of Pleasant Grove in Sutter County. The U.S. Fish and Wildlife Service (Service) issued a federal biological opinion (BO)(Service Ref. Num - ber 2022–0060389–S7–002) in a memorandum to the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 676 California Department of Transportation, District 3 on February 3, 2023, which considered the effects of the proposed project on state and federally threatened giant garter snake (Thamnophis gigas). Pursuant to California Fish and Game Code

section 2080.1, Sutter County Development Services Depart - ment is requesting a determination that the Incidental Take Statement (ITS) and its associated BO are consis- tent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, Sutter County Development Services Department will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project.

DEPARTMENT OF PARKS AND RECREATION OFF–HIGHWAY MOTOR VEHICLE RECREATION DIVISION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM NOTICE OF CHANGE OF DATE OF REGULATORY HEARING AND EXTENSION OF WRITTEN COMMENT PERIOD NOTICE IS HEREBY GIVEN that the Off–High - way Motor Vehicle Recreation (OHMVR) Division has rescheduled the regulatory hearing originally scheduled for June 29, 2023 at 2:00 p.m. , through teleconference regarding proposed amendments to California Code of Regulations, Title 14, Division 3, Sections 4970.01, 4970.03, 4970.05.1, 4970.06.1, 4970.07.2, 4970.08, 4970.08.1, 4970.08.2, 4970.09, 4970.10, 4970.10.1, 4970.13, 4970.17.1, 4970.19, 4970.19.2, 4970.20, 4970.23.2, 4970.24.1, and 4970.26.

The Notice was originally published on May 5, 2023 in Notice Register 2023, Number 18–Z. The new date and location of the regulatory hearing is as follows: Date of Hearing: July 10, 2023 Address: Via Teleconference 916 409 6039 Password: 786 198 766# Time: 2:00 p.m. The written comment period has also been ex - tended. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed un - der Contact Person in this Notice, must be received by the Division at its office no later than 5:00 p.m. on July 10, 2023, or must be received by the Division at the hearing.

The Notice of Proposed Changes in the Regulations and the Proposed Language can be found at the Division website at https://ohv.parks.ca.gov/ CONTACT PERSON If you have any questions or comments, you may direct them to: Katie Buesch, Grant Administrator California Department of Parks and Recreation Off–Highway Motor Vehicle Recreation Division P.O. Box 942896 Sacramento, CA 94296 (916) 639 4587 Caitlyn.buesch@parks.ca.gov

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

California School Finance Authority File # 2023–0317–03 Charter Access to Bank Loan Enhancement Program In this Certificate of Compliance for OAL Matter Number 2022–1209–01EE, the California School Finance Authority is establishing a program to utilize a grant award under the United States Department of Education’s Credit Enhancement for Charter Schools Facilities Program for the financing of acquisition, renovation, or construction of charter school facilities, or the refinancing of existing charter school facility debt. This action establishes relevant

definitions, eli - gibility criteria, award allocation, and eligible uses of funds, as well as an application and fee. Title 04 Adopt: 10200.8, 10200.9, 10200.10, 10200.11, 10200.12, 10200.13, 10200.14, 10200.15 Filed 05/01/2023 Effective 05/01/2023 Agency Contact: Ryan Storey (213) 620–6360

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 677 Board of Environmental Safety File # 2023–0419–01 Hazardous Waste Facility Permit Appeal Procedures This deemed emergency action by the Board of Environmental Safety is a revision of the process for ap- pealing the Department of Toxic Substances Control’s decisions to grant, issue, modify or deny hazardous waste facility permits. These emergency regulations align with statutory changes made in Senate Bill 158 (Stats. 2021,

chapter 73) and will remain in effect until repealed by the Board of Environmental Safety, pur - suant to Health and Safety Code

section 25125.4. Title 22 Adopt: 66271.71, 66271.72 Repeal: 66271.15 [renumbered as 66271.71], 66271.18 [renumbered as 66271.72] Filed 05/01/2023 Effective 05/01/2023 Agency Contact: Gregory Forest (279) 895–5154 Department of Social Services File # 2023–0417–02 Group Homes for Children with Special Needs In this action, which is exempt from Office of Administrative Law review, the Department of Social Services adopts a new Subchapter 7, concerning Group Homes for Children with Special Health Care Needs, in

Chapter 5 of Division 6 of Title 22 of the California Code of Regulations.

Title 22 Adopt: 84700, 84701, 84710.2, 84718, 84720, 84722, 84723, 84740, 84742, 84761, 84764, 84765, 84765.5, 84766, 84769.2, 84770, 84772, 84775, 84775.1, 84787 Amend: 80061, 80068.2 Filed 04/27/2023 Effective 04/27/2023 Agency Contact: Kenneth Jennings (916) 651–8862 Fish and Game Commission File # 2023–0421–02 Use of Hoop Nets for the Recreational Take of Crab and Lobster This emergency readoption amends hoop net reg - ulations to (1) alter standards for hoop net use and design; (2) specify the existing two–hour hoop net service interval is applicable statewide; (3) state it is unlawful to abandon or leave out any hoop net beyond the service interval period and consequences; (4) clar- ify the geographic limits of hoop net limits; and (5) expand statewide surface buoy marking requirements.

Title 14 Amend: 29.80 Filed 05/01/2023 Effective 05/01/2023 Agency Contact: Jennifer Bacon (916) 902–9284 California Workforce Development Board File # 2023–0417–04 Conflict–of–Interest Code This is a Conflict–of–Interest code fling that has been approved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 02 Amend: 58600 Filed 05/03/2023 Effective 06/02/2023 Agency Contact: Jeff Jacobstein (916) 698–5538 Department of Motor Vehicles File # 2023–0315–02 AB 60 Driver’s Licenses — El Salvador Identification Card This change without regulatory effect by the Department of Motor Vehicles amends the list of doc- uments that have been deemed to provide satisfactory proof of an applicant’s identity for purposes of sec - tion 16.04, subdivision (b), of title 13 of the California Code of Regulations to add the 2022 version of the El Salvadorian Identification Card. Title 13 Amend: Appendix,

Article 2.0 Filed 04/27/2023 Agency Contact: Randi Calkins (916) 282–7294 Bureau of Automotive Repair File # 2023–0317–01 Automotive Repair Dealer Registration Application Requirements In this rulemaking action, the Bureau amends its regulations to define the term “Nationally Recognized and Industry–Accepted Educational Certification” and to set forth the required contents of an automotive repair dealer registration application. The Bureau also adopts a regulation to establish which educational cer- tification is deemed a “bureau–approved educational certification.” Title 16 Adopt: 3395.6 Amend: 3303, 3351 Filed 05/01/2023 Effective 07/01/2023 Agency Contact: Holly O’Connor (916) 403–8627

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 19-Z 678 California Highway Patrol File # 2023–0320–01 Inhalation Hazards Safe Spots In this rulemaking, the California Highway Patrol (CHP) removes three locations from its list of safe stop- ping spots for vehicles carrying inhalation hazards.

Title 13 Amend: 1157.21 Filed 04/28/2023 Effective 07/01/2023 Agency Contact: Tian–Ting Shih (916) 843–3400 Department of Motor Vehicles File # 2023–0315–03 Fee for Recording Parking/Toll Evasion Violations This rulemaking action by the Department of Motor Vehicles reduces the fees assessed on processing agen- cies for recording notices of delinquent parking and toll evasion violations filed with the department, from $4.00 to $2.00 per notice, in accordance with Vehicle Code sections 4763 and 4773.

Title 13 Amend: 430.00, 431.00 Filed 04/27/2023 Effective 07/01/2023 Agency Contact: Randi Calkins (916) 282–7294 Occupational Safety and Health Appeals Board File # 2023–0315–06 Rules of Practice and Procedure This rulemaking by the Occupational Safety and Health Appeals Board amends regulations pertaining to the rules and practices of procedure for hearings, including procedures for videoconference hearings pursuant to Government Code,

section 11440.30. Title 08 Amend: 372.6, 372.8, 376., 376.8 Filed 04/27/2023 Effective 07/01/2023 Agency Contact: Aaron Jackson (916) 274–5751 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 19
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	7274d09e69d7dcc021deb816d00d573f74ba9c26

Source file is stored in the law ingest library (pdf).