California Regulatory Notice Register — Register 2023, No. 44-Z (NOVEMBER 3, 2023)

Cal. Reg. Notice Reg. 2023, No. 44

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 44–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 3, 2023 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Oriental Fruit Fly Interior Quarantine — Notice File Number Z2023–1019–02 .............................. 1397 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Queensland Fruit Fly — Notice File Number Z2023–1023–01 ........................................... 1399 TITLE 3.

DEPARTMENT OF PESTICIDE REGULATION Statewide Notification of Agricultural Use of Restricted Materials — Notice File Number Z2023–1024–05 ........ 1402 TITLE 5. SCHOLARSHARE INVESTMENT BOARD CalKIDS Program — Notice File Number Z2023–1020–02 .............................................. 1407 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Minimum Standards for Training, Coroner Training Requirements — Notice File Number Z2023–1020–01 ........ 1411 TITLE 11. DEPARTMENT OF JUSTICE Failed Private Party Transfers — Notice File Number Z2023–1024–03 .................................... 1413 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Canteen Privilege Levels — Notice File Number Z2023–1024–04 ......................................... 1416 TITLE 19. DEPARTMENT OF FORESTRY AND FIRE PROTECTION/OFFICE OF THE STATE FIRE MARSHAL Aboveground Petroleum Storage Act — Notice File Number Z2023–1016–02 ............................... 1418 TITLE 22/MPP . DEPARTMENT OF SOCIAL SERVICES CalWORKs Photo Identification — Notice File Number Z2023–1024–07 ................................... 1422 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for CalFire Chamberlain Creek Restoration Project, Tracking Number: 1653–2023–130–001–R1, Mendocino County ......................................... 1424 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Proposed Reasonable Certainty Designation for Berg Metal Corporation .................................. 1425 DECISION NOT TO PROCEED COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Concerning Amendment of Commission Regulation 1005 ................................................ 1426

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1426 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 44–Z 1397 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. D EPARTMENT OF FOOD AND AGRICULTURE

SECTION 3423 ORIENTAL FRUIT FLY INTERIOR QUARANTINE

SECTION 3591.2 ORIENTAL FRUIT FLY ERADICATION AREA The Department of Food and Agriculture (Depart - ment) proposes to amend Title 3 of the California Code of Regulations (CCR)

Section 3591.2 Oriental Fruit Fly (O F

F) Eradication Area. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or their duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on December 19, 2023.

The Department will consider only comments received at the Department offices by that date or postmarked no later than on December 19, 2023. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N St. Sacramento, CA 95814 916.403.6650 Permits@cdfa.ca.gov Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Rachel Avila at (916) 698– 2947 or rachel.avila@cdfa.ca.gov.

Unless there are substantial changes to the proposed regulations prior to amendment, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to amend

Section 3591.2 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code (F A C). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5761, 5762, 5763, and 5764 of the F A C. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This amendment will establish Kern County as an eradication area for O F F. The effect of the regulation is to provide authority for the State to perform control and eradication activities against O F F in Kern Coun - ty to prevent spread of the fly to non–infested areas and to protect California’s agricultural industry. EXISTING LAWS AND REGULATIONS Existing law, F A C

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code which the Secretary is directed or authorized to ad - minister or enforce. Existing law, F A C

Section 5301, provides that the Secretary may establish, maintain, and Existing law, F A C

section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in her opinion necessary to circumscribe and exter - minate or prevent the spread of any pest which is de - scribed in F A C

section 5321. Existing law, F A C

Section 5761, provides that the Secretary may proclaim any portion of the state to be an eradication area with respect to the pest, prescribe the boundaries of such area, and name the pest and the hosts of the pest which are known to exist within the area, together with the means or methods which are to be used in the eradication or control of such pest.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1398 Existing law, F A C

Section 5762, provides that the Secretary may proclaim any pest with respect to which an eradication area has been proclaimed, and any stag- es of the pest, its hosts and carriers, and any premises, plants, and things infested or infected or exposed to infestation or infection with such pest or its hosts or carriers, within such area, are public nuisances, which are subject to all laws and remedies which relate to the prevention and abatement of public nuisances. Existing law, F A C

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, F A C

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation will benefit the nuts, dates, and ber- ries (nursery, fruit for domestic use and exports, pack- ing facilities) and the environment (urban landscapes) by expanding the geographic scope of an eradication program to prevent the artificial spread of the O F F over short and long distances. This amendment provides the necessary regulatory authority to prevent the artificial spread of a serious insect pest which is a mandated statutory goal. There is no existing, comparable federal regulations or statute.

There are no known specific benefits to worker safe- ty or the health of California residents. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing O F F, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradi - cation areas for plant pests. As required by Govern - ment Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of

Section 3591.2 and has determined that it is not inconsistent or incompatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: There is no reimbursable costs or savings under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code to local agencies or school districts and no nondiscretionary costs or savings to local agencies or school districts, will result from the amendment of 3423 and 3591.2. Cost or savings to any state agency: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative person or business would neces - sarily incur in reasonable compliance with the pro - posed action.

Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential. The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None.

Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing staff throughout quarantine areas within the state without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the

Section 3423 and 3591.2 amendment (1) will have no signif - icant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the state of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is ex - pected to benefit the health and welfare of California

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1399 residents, (5) is expected to benefit the state’s environ- ment, and (6) is not expected to harm or benefit work- ers’ safety. The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing increased costs to the consumers of host materials and increased pesti - cide usage.

The state’s environment: The amendment of this regulation benefits the environment (urban land - scapes) by providing the Department an eradication program to prevent the artificial spread of the O F F over short and long distances.

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

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, and has made avail - able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html). A copy of the initial statement of reasons and the proposed reg - ulations in underline and strikeout form may be ob - tained upon request.

The location of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of rea - sons will be available upon request. Requests should be directed to the contact named herein. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

SECTION 3591.30 QUEENSLAND FRUIT FLY ERADICATION AREA

SECTION 3445 QUEENSLAND FRUIT FLY INTERIOR QUARANTINE The California Department of Food and Agricul - ture (Department) proposes to make permanent the emergency adoption to Title 3, California Code of Regulations (CCR)

Section 3591.30 Queensland Fruit Fly Eradication Area and Title 3 CCR

Section 3445 Queensland Fruit Fly Interior Quarantine which cre - ates an eradication area and an interior quarantine for Queensland Fruit Fly (QFF). PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The writ - ten comment period closes on December 19, 2023. The Department will consider only comments received at the Department offices by that date or postmarked no later than December 19, 2023. Submit comments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1400 Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N St. Sacramento, CA 95814 Permits@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

Unless there are substantial changes to the proposed regulations prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public. Following the public hear- ing, if one is requested, or following the written com - ment period if none is requested, the Department, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth without further notice. AUTHORITY The Department proposes to adopt

Section 3445 and

Section 3591.30 pursuant to the authority vested by Sections 407, 5301, 5302, and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5301, 5302, 5322, 5761, 5762, 5763, and 5764 of the Food and Ag- ricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of adopting CCR

Section 3445 Queensland Fruit Fly Interior Quarantine and Sec - tion 3591.30 Queensland Fruit Fly Eradication Area is to make permanent the eradication area and interior quarantine for QFF approved on September 12, 2023. EXISTING LAWS AND REGULATIONS Existing law, F A C

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code that the Secretary is directed or authorized to admin - ister or enforce. Existing law, F A C

Section 5301, provides that the Secretary may establish, maintain, and enforce such quarantine regulations as they deem necessary to pro - tect the agricultural industry of this state from pests. The regulations may establish a quarantine at the boundaries of this state or elsewhere within the state. Existing law, F A C

Section 5302, provides that the Secretary may make and enforce such regulations as they deem necessary to prevent any plant or thing which is, or is liable to be, infested or infected by, or which might act as a carrier of, any pest, from passing over any quarantine line which is established and pro- claimed pursuant to this division. Existing law, F A C

Section 5322, provides that the Secretary may establish, maintain, and enforce quar - antine, eradication, and such other regulations as are in their opinion necessary to circumscribe and exter - minate or prevent the spread of any pest that is de - scribed in F A C

Section 5321. Existing law, F A C

Section 5763, provides that the Secretary, or the commissioner acting under the su - pervision and direction of the director, in a

summary manner, may disinfect or take such other action, in - cluding removal or destruction, with reference to any such public nuisance, which he thinks is necessary. Existing law, F A C

Section 5764, provides that if an eradication area has been proclaimed with respect to a species of fruit flies and the removal of host plants of such species is involved, the director may enter into an agreement with the owner of such host plants to remove and replace them with suitable nursery stock in lieu of treatment. Expenditures, if any, allocated for the replacement nursery stock shall not exceed an amount which is budgeted for the purpose or approved by the Director of Finance.

ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT This regulation is necessary to prevent the spread of QFF to un–infested areas of the State. The regulation benefits industries (nursery, fruit for domestic use and

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1401 exports, packing facilities), the environment (urban landscapes), and the overall California economy by preventing the spread of QFF. The adoption of this regulation benefits the citrus, stone fruits, and tomato (nursery, fruit for domestic use and exports, packing facilities) and the environ - ment (urban landscapes) by providing the Department an eradication program to prevent the artificial spread of the QFF over short and long distances.

The California, national and international consum - ers of California citrus, stone fruits, and tomato ben - efit by having high quality produce available at lower cost. It is assumed that any increases in production costs will ultimately be passed on the consumer. The adoption of this regulation benefits homeown - ers who grow their own host fruits for consumption and host material which is planted as ornamentals in various rural and urban landscapes. The adoption of this regulation may benefit home - owners who grow host material for consumption and/ or ornamentals in various rural and urban landscapes.

By providing a basis to prevent infestation with QFF and thereby preventing damage to hosts, the regula - tion eliminates any future need for hosts to be treated to mitigate infestations of QFF. There is no existing, comparable federal regulations or statute regulating the intrastate movement of QFF. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing QFF, and it found that these are the proposed amendments are the only regulations dealing with this subject, and the Department is the only State agency which can designate these eradica - tion areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of Sections 3445 and 3591.30 and has determined that it is not inconsistent or in - compatible with existing state regulations. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Prior to conducting any action authorized by this regulation, the Department shall comply with the Cal- ifornia Environmental Quality Act of 1970 (Public Resources Code

Section 21000 et seq. as amended) and the State CEQA Guidelines (Title 14 California Code of Regulations

Section 15000 et seq.). DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: Compliance ac- tivities are currently being performed by existing state staff throughout quarantine areas within the State. The Department is currently monitoring for pests, and thus there is no change to the cost due to these regulations. The Department has determined that no savings or in- creased costs to any state agency and no costs or sav - ings in federal funding to the State will result from the adoption of 3445 and of

Section 3591.30. The amend- ment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The adoption of 3445 and

Section 3591.30. will provide authority for the Department to conduct eradication and quarantine activities against QFF and there are no known private sector cost impacts. The agency is not aware of any cost impacts that a representative person or business would necessari - ly incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The cost impacts are expected to be none and minimal/non–consequential.

The Department makes the initial determination that the proposed ac - tion will not have a significant, statewide adverse eco- nomic impact. Significant effect on housing costs: None. Small business determination: The proposed action will not affect small business because compliance ac - tivities are currently being performed by existing state staff throughout quarantine areas within the State without any impact on small business. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the adoption of

Section 3445 and

Section 3591.30 (1) will have no sig- nificant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1402 the creation or elimination of businesses within the State of California, (3) will have no impact on the expansion of businesses within the State of Califor - nia, (4) is expected to benefit the health and welfare of California residents, (5) is expected to benefit the state’s environment, and (6) is not expected to benefit workers’ safety.

The health and welfare of California residents: The proposed action will benefit the health and welfare of California residents by preventing increased costs to the consumers of host materials and increased pesti - cide usage. The state’s environment: The proposed action will benefit the environment (urban landscapes) by provid- ing the Department an eradication program to prevent the artificial spread of the QFF over short and long distances.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 3. DEPARTMENT OF PESTICIDE REGULATION STATEWIDE NOTIFICATION OF AGRICULTURAL USE OF RESTRICTED MATERIALS DPR REGULATION NUMBER 23–003 The Department of Pesticide Regulation (DPR) proposes to amend sections 6000, 6424, 6428, 6432, and 6434 of title 3, California Code of Regulations (3 CCR). This proposal will affect pesticide regulatory program activities pertaining to the submission of no - tices of intent (N O I

s) for the agricultural use of re - stricted materials. In

summary, this proposed action will require all agricultural use N O I s to be electron - ically submitted to the County Agricultural Commis - sioner (C A

C) via www.CalAgPermits.org, unless the C A C grants an exemption from the electronic submis- sion requirement upon a finding of undue hardship. Additionally, it will require all N O I s for soil fumiga - tions to be electronically submitted to the local C A C via www.CalAgPermits.org a minimum of 48 hours before the intended start of the application.

It will also require specific information from N O I s for the use of restricted materials requiring a permit for the produc - tion of an agricultural commodity to be electronically submitted to DPR via www.CalAgPermits.org at least 24 hours in advance of the intended start of a non–soil fumigant application and at least 48 hours in advance of the intended start of a soil fumigation. The pro - posed action additionally requires DPR to make the specific N O I information it receives publicly available upon receipt or as soon as practicable. Finally, it will require DPR to evaluate its system and process for

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1403 making this information publicly available and issue a report three years after the system’s implementation. WRITTEN COMMENT PERIOD Any interested person may submit comments in writing about the proposed action to the agency con - tact person named below. DPR will accept written comments that are submitted via U.S. mail and post - marked no later than January 12, 2024. Comments regarding this proposed action that are transmitted via Email to dpr23003@cdpr.ca.gov or by facsimile at 916–324–1491 must be received no later than January 12, 2024.

PUBLIC HEARINGS Two in–person public hearings and one virtual pub- lic hearing have been scheduled for the times and plac- es stated below to receive oral or written comments regarding the proposed changes. 1 DATE: W ednesday, December 13, 2023 TIME: 4 :30 p.m. PLACE: C lovis Veterans Memorial District M emorial Auditorium 80 8 4th St. C lovis, CA 93612 DATE: T hursday, December 14, 2023 TIME: 4 :30 p.m. PLACE: V entura County Fairgrounds S anta Rosa Hall 1 0 West Harbor Boulevard V entura, CA 93001 A DPR representative will preside at the in–person hearings.

Persons who wish to speak will be asked to register before the hearing. The registration of speak - ers will be conducted at the location of the hearing from 3:30 p.m. to 4:30 p.m. Generally, registered per- sons will be heard in the order of their registration. Any other person who wishes to speak at the hearing will be afforded the opportunity to do so after regis - tered persons have been heard. If the number of regis- tered persons in attendance warrants, the hearing offi- cer may limit the time for each presentation in order to allow everyone wishing to speak the opportunity to be heard.

Oral comments presented at a hearing carry no more weight than written comments. 1 If you have special accommodation or language needs, please provide notice at least 10 business days before the public meet - ing by contacting the person named below. TTY/TDD speech– to–speech users may dial 7–1–1 for the California Relay Service. DATE: T uesday, December 19, 2023 TIME: 4 :30 p.m.

PLACE: Z oom (Virtual) W ebinar ID: 873 2837 5612 P asscode: 221172 Direct link to join the meeting from a web browser or Zoom client: https://us02web.zoom.us/j/87328375612?pwd=Tko 3TGJaa0ZWQWxiOWdteThneFcyUT09 One tap to join from a mobile phone: +1669900 9128,,87328375612#,,,,*221172# Or call from a landline: +1 669 900 9128 — and enter the Webinar ID and Passcode (above) when prompted A DPR representative will preside at the virtual hearing. Persons who wish to make comments orally during the hearing may raise their hand using the Zoom functions and make oral comments when called upon.

Persons calling into the Zoom meeting who wish to make a comment orally during the hearing may raise their hand by dialing *9 on their phone’s dial pad. This will indicate to DPR representatives that the person on the phone has raised their hand. Generally, persons will be heard in the order in which they raised their hand. Participants will also be given instructions on how to provide oral comment once they have accessed the hearing. If persons experience technical difficul - ties during the hearing, persons may Email written comments to dpr23003@cdpr.ca.gov.

DPR will also accept written comments that are submitted via U.S. mail and postmarked on the day of the hearing. If the number of persons in attendance warrants, the hearing officer may limit the time for each oral comment in order to allow everyone wishing to speak the opportu- nity to be heard. Oral comments presented at a hearing carry no more weight than written comments. EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does affect small businesses.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW There is increasing public interest in obtaining eq - uitable and routine access to information about agri - cultural pesticide applications prior to the applications occurring. DPR is the lead state agency responsible for administering California’s pesticide regulatory pro - gram. DPR’s mission is to protect human health and the environment by regulating pesticide sales and use, and by fostering reduced–risk pest management. DPR encourages the use of environmentally sound pest management, including integrated pest management (IPM).

DPR’s IPM Program promotes risk reduction

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1404 through information, encouragement, incentives, and community–based problem solving.

DPR’s statewide regulation of pesticides includes: evaluating pesticide products for human health and environmental risks and registering products prior to sale or use within the State; protecting worker health and safety; regu - lating and mitigating adverse human health and envi - ronmental effects of pesticide use; licensing of com - mercial and private pesticide applicators, pest control businesses, dealers, and advisers; environmental mon- itoring; overseeing local enforcement of pesticide laws and regulations; and residue testing of fresh produce.

This statutory scheme is set forth primarily in Food and Agricultural Code (F A

C) Divisions 6 and 7. Pesticides must be registered with DPR prior to sale and use in California. (F A C sections 12803; 12993; 12995.) Under F A C

section 14004.5, registered pes - ticides that pose a higher degree of potential to cause harm to public health, farmworkers, domestic animals, honeybees, the environment, wildlife, or crops other than those being treated are designated as restricted materials in 3 CCR

section 6400. Under the existing restricted material permitting process, a grower must obtain a restricted material permit from the C A C prior to possessing or using a restricted material. (3 CCR

section 6412.) Prior to making an agricultural re- stricted material application, a property operator, au - thorized representative, or pest control business must submit an oral or written N O I, which provides site– and time–specific information, to the C A C a mini - mum of 24 hours prior to the start of the application. (3 CCR

section 6434.) The C A C is then required to evaluate whether the proposed application may cause a substantial adverse environmental impact. (3 CCR

section 6432.) While this information is submitted to the C A C, C A Cs are specifically exempt from the re - quirements to prepare written documentation and to provide public notice of a final decision. The proposed regulations will allow DPR to develop and implement a statewide system to provide information to the pub - lic in advance of intended restricted material agricul - tural commodity applications.

The amendments proposed in this regulatory action will require all agricultural use N O I s to be electron - ically submitted to the C A C via www.CalAgPermits. org unless the C A C grants an exemption from the electronic submission requirement upon a finding of undue hardship. Additionally, the proposed action will require all N O I s for soil fumigations to be elec - tronically submitted to the local C A C a minimum of 48 hours before the intended start of the application.

The amendments will also add specificity to the in - formation required for an N O I and will require spe - cific information from an N O I required for the use of a restricted material requiring a permit for the pro - duction of an agricultural commodity to be electron - ically submitted to DPR via www.CalAgPermits.org, at least 48 hours in advance of the intended start of a soil fumigation and at least 24 hours in advance of the intended start of a non–soil fumigant application.

The proposed action will also add a procedure for an N O I that is exempt from the electronic submission require- ment upon a finding of undue hardship. The proposed action will also amend an existing exemption to the time requirements for the submission of an N O I to clarify that an exemption may be granted by the C A C when the C A C has determined that safe and effective pest control cannot be attained because of the nature of the commodity or pest problem. The C A C will also be required to electronically note that an exemption was granted via www.CalAgPermits.org.

The pro - posed action will additionally require DPR to provide specific N O I information to the public upon receipt or as soon as practicable. Finally, the proposed action will require DPR to evaluate its system and process for providing this information and issue a report three years after the system’s implementation. Adoption of these proposed regulations will benefit the public, including California residents, by provid - ing equitable and routine access to information about intended agricultural commodity restricted material applications around homes, places of work, schools, and other areas of interest.

Certain stakeholder groups and members of the public have stated that advance information about intended agricultural commodity restricted material applications will afford them an op- portunity to voluntarily take additional precautions to avoid potential exposure, such as closing windows and bringing in or cleaning children’s outdoor toys, if they desire, which could indirectly lead to human health benefits.

Additionally, requiring all agricultural use N O I s to be submitted electronically may have a net positive impact on the environment as it could increase C A C staff efficiency by allowing them to accept and process N O I s on CalAgPermits. Furthermore, C A C staff will only need to search CalAgPermits instead of both CalAgPermits and paper files. N O I s submitted electronically through CalAgPermits are available us- ing CalPEATS, the electronic system C A C staff use to conduct inspections and investigations.

This may allow more time for C A C staff to conduct investiga - tions and inspections of pesticide applications, which could have an indirect positive impact on the environ- ment. Additionally, the electronic submission require- ment may reduce the use of paper. Approximately 89 percent of the 86,567 agricultural use N O I s received by C A Cs in fiscal year 2020–2021 were submitted electronically. This means over 9,500 N O I s were sub- mitted to C A Cs via other means (e.g., DPR–provided paper forms, faxes, phone calls).

During the process of developing these regulations, DPR conducted a search of any similar regulations on

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1405 this topic and concluded that these proposed regula - tions are not inconsistent or incompatible with exist - ing state regulations. DPR is the only state agency that has the authority to regulate the use of pesticides. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts. DPR also determined that there are no costs to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq. OTHER NONDISCRETIONARY COSTS OR SAVINGS IMPOSED ON LOCAL AGENCIES DPR determined that the proposed regulations may result in nondiscretionary costs to local agencies, such as local water districts, city landscaping, or pub - lic works and road maintenance departments. Local agencies may need to spend time learning the elec - tronic submission system. This is estimated to cost $12.85 per local agency, and a total of $719.60 for all local agencies.

C A C offices are local government agencies respon- sible for enforcing pesticide regulations in California, including any changes to pesticide regulations such as the proposed regulations. C A Cs may need to respond to community questions related to the statewide no - tification system. Initial funding for the C A Cs will be supported from the $10 million allocation DPR re - ceived in the Budget Act of 2021 (Assembly Bill 128) to support initial development of the proposed state - wide notification system through June 30, 2026.

After FY 26/27, any future costs to C A Cs would be sup - ported through the mill assessment. C A Cs may also have to process N O I s that they determine are exempt from electronic submission after making a finding of an undue hardship and document when an exemption to the N O I time requirement was granted. However, these determinations and any costs associated with these determinations are discretionary. COSTS OR SAVINGS TO STATE AGENCIES DPR determined that the proposed regulations may result in costs to other state agencies. State agencies may need to spend time learning the electronic sub - mission system.

This is estimated to cost $12.85 per state agency, and a total of $89.95 for all state agencies impacted by the proposed regulations. Additionally, the proposed regulations are anticipat- ed to have a fiscal impact on DPR.

Costs include, but are not limited to, redirection of existing staff; operat- ing expenses and new equipment; interdepartmental and external consultation; data centers; software li - censes; ongoing legal support of the system; DPR out- reach and response to the public, industry, and Com - missioners; and other potential DPR activities related to the administration and implementation of the state - wide notification system. The expected cost to DPR is estimated at $3,259,682 for FY 2024/25, $4,127,225 for FY 2025/26, and $4,166,208 for FY 2026/27.

EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder - al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR made an initial determination that the pro - posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS DPR has made an initial determination that adop - tion of these proposed regulations will not have a sig - nificant statewide adverse economic impact directly affecting businesses, including the ability of Califor - nia businesses to compete with businesses in other states. The proposed regulations will allow DPR to develop and implement a statewide system to provide information to the public in advance of intended re - stricted material agricultural commodity applications.

The estimated cost of the proposed regulations over a lifetime of five years is $7,290,487. DPR made this determination based on the memorandum titled, “Eco- nomic & Fiscal Analysis of Amending 3 CCR Sections 6000 (Definitions), 6424 (Forms), 6428 (Agricultural Permit Applications), 6432 (Permit Evaluation), and 6434 (Notice of Intent),” listed in the “Documents Re- lied Upon”

section of the Initial Statement of Reasons for this proposed regulatory action, which is available from DPR. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES California’s current system of requiring an operator of the property to obtain an agricultural use restricted material permit and submit an N O I prior to applying a restricted material requiring a permit has been es - tablished for over 45 years. To meet the current needs of the proposed statewide notification system, DPR is proposing limited changes that build upon the es -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1406 tablished practices and requirements of the restricted material permitting program; most of which are con - sistent with current industry practices. In consultation with the California Department of Food and Agriculture’s (CDFA ’

s) Office of Pesticide Consultation and Analysis, DPR has determined that the proposed regulations will impact farms and other operations submitting agricultural use N O I s. In rea - sonable compliance with the proposed regulations, businesses may need to learn how to submit an N O I electronically and may need to purchase a laptop or computer as well as internet service. DPR estimates the initial cost for a small business to be $1,052.85 and the initial cost for a typical business to be $642.50.

Additionally, the annual cost for a small business is estimated to be $840 and the annual cost for a typical business is estimated to be $0. Over the 5–year life - time of these regulations, the total impact is estimated to be $7,290,487. These are conservative estimates, the actual economic cost impact of the proposed regu- lations will likely be lower.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Creation or Elimination of Jobs within the State of California: DPR determined that the proposed action would not create or eliminate jobs in California be - cause N O I s are already currently required to be sub - mitted prior to applying a restricted material.

Creation of New Businesses or the Elimination of Existing Businesses within the State of California: DPR determined the proposed action is unlikely to create new businesses or eliminate existing business - es within the State of California because N O I s are already currently required to be submitted prior to ap- plying a restricted material. Pest management will be necessary regardless of any decline in sales and use of pesticides subject to the proposed regulation, and thus businesses are not expected to be impacted.

The Expansion of Businesses Currently Doing Business within the State of California: DPR has de - termined that this proposal is unlikely to result in an expansion of businesses currently doing business within California. Impacted property operators may purchase laptops or computers and may also purchase a subscription to the internet through a service provid- er. These purchases and subscriptions would be spread out among existing providers and are unlikely to cause an expansion of businesses currently doing business within California.

If property operators choose to use another pest control option instead of using a restrict - ed material, any new demand for pest control services would be spread out among the existing pest control advisors, pest control businesses, and pest control dealers in the state and would likely be handled with existing staff.

The Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The proposed regulations will benefit the public, including California residents, by providing equitable and routine access to informa - tion about intended agricultural commodity restricted material applications around homes, places of work, schools, and other areas of interest.

Certain stake - holder groups and the public have stated that advance information about intended agricultural commodity restricted material applications will afford them an op- portunity to voluntarily take additional precautions to avoid potential exposure, such as closing windows and bringing in or cleaning children’s outdoor toys, if they desire, which could indirectly lead to human health benefits.

CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effec - tive and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or oth - er provision of the law. DPR considered the following three alternatives to the proposed regulation: 1.

No requirement to electronically submit written notices of intent. 2. Providing N O I s and public notice more than 24 hours before application of a non–soil fumigant

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1407 and more than 48 hours before application of a soil fumigant. 3. Providing public notice about intended soil fumi- gations only. The Department deemed the alternatives to be in - feasible, to be more economically burdensome, or to not achieve the proposed regulation’s intended pur - pose. Interested members of the public are invited to submit written comments regarding alternatives during the written comment period. AUTHORITY This proposed regulatory action is taken pursuant to the authority vested by F A C sections 11456, 14005, and 14102.

REFERENCE This proposed regulatory action is to implement, in- terpret, or make specific F A C sections 11501, 14001, and 14006. AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the proposal is based, and a rulemaking file. A copy of the Initial Statement of Reasons and the proposed text of the regulations may be obtained from the agency contact person named in this notice.

The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substan - tially the same as described in the Informative Digest. If DPR does make substantial changes to the regula - tion, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod - ified text should be addressed to the agency contact person namedin this notice.

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

Box 4015 Sacramento, CA 95812–4015 916– 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Jeannie Alloway Department of Pesticide Regulation Office of Legal Affairs 1001 I St. P.O. Box 4015 Sacramento, CA 95812–4015 916–324–2666 This Notice of Proposed Action, the Initial State - ment of Reasons, and the proposed text of the regula - tions are also available on DPR’s Internet Home Page http://www.cdpr.ca.gov.

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

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at http://www.cdpr.ca.gov. TITLE 5. SCHOLARSHARE INVESTMENT BOARD NOTICE IS HEREBY GIVEN that the Scholar - Share Investment Board (S I B), organized and operat- ing pursuant to Cal. Educ. Code tit. 3, D. 5, Pt. 42, Ch. 2, art. 19, proposes to adopt the proposed regulations described below after considering all comments, ob - jections and recommendations regarding the proposed action.

Any person interested may present statement or arguments relevant to the proposed action to the attention of the Contact Person as listed in this No - tice no later than December 18, 2023. S I B, upon its own motion or at the instance of any interested party, may thereafter adopt the proposal substantially as de - scribed below or may modify such proposals if such

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1408 modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person(

s) designated in this notice as Contact Person and will be mailed to those persons who submit state - ments related to this proposal or who have required notification of any changes to the proposal. PROPOSED REGULATORY ACTION S I B proposes to amend Sections 31010, 31012, 31014, 31015, 31016, and 31017 of Title 5, Division 4.5,

Chapter 3 of the California Code of Regulations (Reg- ulations). The Regulations implement S I B’s respon - sibilities and other details related to the California Kids Investment and Development Savings Program (CalKIDS or Program). AUTHORITY AND REFERENCE Authority: Sections 69996.4, Education Code . Sec- tions 69996.4 provides S I B with the authority to carry out the duties and obligations of the Program pursuant to this

article and have all other powers as may be nec- essary for the effectuation of the purposes, objectives, and provisions of this article. Subsection 69996.4(

n) of the Education Code provides S I B the authority to adopt regulations for the implementation and admin - istration of the Program. Reference: Sections 69996–69996.9 of the Educa - tion Code. These Regulations implement the CalKIDS Program and include a number of the requirements of that program contained in the reference code provi - sions and their implementing Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW S I B was created in 1997 under the Golden State ScholarShare Trust Act with the passage of federal legislation allowing states to create and administer their own qualified tuition program as articulated in

section 529 of the Internal Revenue Tax Code. S I B is responsible for the administration of the Golden State Scholarshare College Savings Trust (Education Code

section 69980, et seq.). In 2019, Governor Newsom signed into law Sen - ate Bill 77, which initially created the CalKIDS Pro - gram. This bill, along with subsequent legislation, established the CalKIDS Program, with the intent of providing college savings account funds for each child born in California and eligible California public school students. S I B is responsible for maintaining designated beneficiary account deposits and informa - tion within the CalKIDS Account for the purpose of funding qualified higher education expenses.

These accounts shall be funded by any grants, gifts, appro - priations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit. In 2022, S I B formally launched the CalKIDS program by making accounts accessible to participants and performing all duties associated with the program. This regulatory action is a first reading of proposed revisions to title 5 of the California Code of Reg - ulations governing the California Kids Investment and Development Savings Program (CalKIDS). The ScholarShare Investment Board (S I

B) has identified multiple regulatory barriers to the program that are addressed in this proposal and described below. First, the proposed regulatory action will clarify how and when S I B may utilize its existing budget to provide financial incentives into CalKIDS accounts. Existing law currently lists specific financial incen - tives offered by the program. We understand that this regulatory change will eliminate a burden to partici - pants if funds are no longer available. Similarly, this change will instruct S I B on how to communicate in the event it chooses to make changes.

Secondly, the proposed regulatory action will clari - fy who is eligible to receive an enhanced deposit based on information provided by the California Depart - ment of Education (CDE). Current law requires CDE to annually transmit data for eligible participants to automatically enroll and create CalKIDS accounts. Education Code

Section 69996.9(a)(3) also requires a beneficiary to only have one enhanced deposit in their CalKIDS account. Existing law does not address situ - ations where a student may be held back in their grade, and is therefore included in multiple data transfers year–over–year. The proposed regulation will clari - fy this situation to be compliant with Education Code

Section 69996.9(a)(3). Thirdly, the proposed regulatory action will require additional information for a beneficiary to complete when making a withdrawal request. As the program has evolved, additional requirements of the benefi - ciary in this process have become necessary to make sure withdrawals are processed correctly. Existing law does not include the needed requirements for the with- drawal process to be completed. Lastly, the proposed regulatory action will incorpo- rate optional forms into the program if a participant or beneficiary requires a change to their CalKIDS ac - count.

These forms are not currently incorporated into existing law. The broad objective of the regulations is to provide details about the CalKIDS Program and to ensure CalKIDS beneficiaries and participants have opportu- nities to engage with the Program. The specific ben - efits anticipated from the regulations are increased

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1409 participation in the Program, more families saving for college by opening and contributing to a ScholarShare 529 account, and greater emphasis on saving for high- er education. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompatible with existing state regulations.

OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applica - ble to S I B or to any specific Regulation or class of Regulations pursuant to

Section 11346.5(a)(4) of the California Government Code pertaining to the pro - posed Regulations or S I B. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS S I B has determined that the Regulations do not im- pose a mandate on local agencies or school districts. FISCAL IMPACT S I B has determined that the Regulations do not im- pose any additional cost or savings to any state agen - cy, any costs to any local agency or school district requiring reimbursement under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code, any other non–discretionary cost or savings to any local agency, or any cost or savings in federal funding to the State. INITIAL DETERMINATION REGARDING ANY SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS S I B has made an initial determination that the Reg- ulations will not have any significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states.

EFFECT ON SMALL BUSINESSES S I B has determined that the adoption of the Regula- tions will not affect small businesses. Small business - es will not be enrolled in the program. As such, they will not be impacted by the proposed Regulations. COST IMPACTS S I B has determined that the regulations will have a negligible cost impact on a private person depend - ing on the financial incentives offered. The regulations describe additional financial incentives presented to participants not listed in current law.

Education Code 69996.3 authorizes the Board to provide additional fi- nancial incentives to this enrolled population. The Board will provide participants the opportunity to receive the deposit amounts if funds are available. As part of a competitive process in S I B’s selection for a ScholarShare 529 Plan Manager, the selected vendor committed $450,000 annually to support CalKIDS with financial incentive offers. As such, S I B will pri - marily base its abilities to provide financial incentives on this amount, in addition to allowable funds in its General Fund resources.

An assumption of the regu - lations impact on a private person is provided below. Approximately 200,000 participants registered for the program in its first year. The Board assumes that twenty percent (5%) of the registered population will complete the actions required for all incentives which may be offered for an incentive. This means that 10,000 participants will be eligible for an incentive. If $450,000 is offered annually for incentives, the poten- tial impact on a participant could be $45, equaling the budget divided by the potential number of participants.

This amount is based on participant assumptions and available budget, which could change year–over–year. The regulations stipulate that the Executive Direc - tor of the Board may establish or modify the criteria based on participation levels, available funding, and other monies deposited to the fund. S I B is not aware of any cost impacts a business would necessarily incur in reasonable compliance with the proposed action.

ASSESSMENT OF EFFECT ON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Adoption of these regulations will not: (1) create or eliminate jobs within California; (2) create new busi - nesses or eliminate existing businesses within Califor- nia. Adoption of these regulations will have a limited effect on the expansion of businesses currently doing business within California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1410 ASSESSMENT OF BENEFITS ON HEALTH AND WELFARE OF CALIFORNIA RESIDENTS, WORKER SAFETY, AND THE STATE’S ENVIRONMENT Adoption of these regulations will not provide ben - efits or impact on the health and welfare of California residents, worker safety, or the state’s environment. COST IMPACT ON HOUSING The Regulations will not have any effect on housing costs. REASONABLE ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), S I B must determine that no reasonable alternative to the Regulations considered by S I B or that has otherwise been identified and brought to the attention of S I B would be more effective in carrying out the purpose for which the Regulations are pro - posed, or would be as effective and less burdensome to affected private persons than the Regulations, 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. S I B invites interested persons to present statements with respect to alternatives to the Regulations during the written comment period. AGENCY CONTACT PERSON(

S) Written comments, inquiries, and any questions re - garding the substance of the Regulations shall be sub- mitted or directed to: Noah Lightman, Manager, Children’s Savings Account Initiatives ScholarShare Investment Board 901 P St., Room 313–B Sacramento, CA 95814 ScholarShare@treasurer.ca.gov (916) 651–6380 The following person is designated as a back - up contact person for inquiries only regarding the Regulations: Stanley Zeto, Deputy Director ScholarShare Investment Board 901 P St., Room 313–B Sacramento, CA 95814 Stanley.Zeto@treasurer.ca.gov (916) 651–6380 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Regulations to S I B.

The written comment period on the Regulations will end on December 18, 2023. All comments to be considered by S I B must be submitted in writing to the Agency Contact Person identified in this Notice by that time. In the event that changes are made to the Regulations during the written comment period, S I B will also accept additional written com - ments limited to any changed or modified Regulations for 15 calendar days after the date on which such Reg- ulations, as changed or modified are made available to the public pursuant to title 1,

Chapter 1,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AVAILABILITY OF INITIAL STATEMENT OF REASONS, FINAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS Pursuant to the California Government Code, S I B has established a rulemaking file for this regulatory action, which contains those items required by law. The file is available for inspection at S I B’s office at 901 P Street, Room 313–B, Sacramento, California, during normal business hours.

As of the date this No - tice is published in the Notice Register, the rulemak - ing file consists of this Notice, the Initial Statement of Reasons, the Final Statement of Reasons, and the proposed text of the Regulations. Copies of these items are available upon request, from the Agency Contact Person designated in this Notice. The Sacra - mento address will also be the location for inspection of the rulemaking file and any other public records, including reports, documentation and other materials related to this proposed regulatory action.

In addition, the rulemaking file, including the Initial Statement of Reasons, the Final Statement of Reasons, and the pro- posed text, may be viewed on S I B’s Website at www. treasurer.ca.gov/scholarshare. PUBLIC HEARING No public hearing regarding the Regulations has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Government Code, to S I B at least 15 days before the end of the written comment period. Such request should be addressed to the Agency Con- tact Person identified in this Notice and should spec -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1411 ify the Regulations for which the hearing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested, S I B may adopt the Regulations substantially as described in this Notice, without further notice.

If S I B makes mod- ifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public (in - cluding through S I B’s Website described above) for at least fifteen (15) calendar days before S I B adopts the proposed Regulations, as modified. Inquiries about and requests for written copies of any changed or modified regulations should be addressed to the Agen- cy Contact Person identified in this Notice. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATIONS 1005 MINIMUM STANDARDS FOR TRAINING — CORONER TRAINING REQUIREMENTS 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 December 18, 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 Jennifer Hardesty at Jennifer.Hardesty@post.ca.gov or by letter to: Commission on POST Attention: Jennifer Hardesty 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 reg - ulations), and PC § 13510 (POST authority to adopt and amend rules establishing minimum standards). This proposal is intended to interpret, implement, and make specific PC § 13510(a)(2), which authorizes POST to adopt, and may from time to time amend, rules establishing minimum standards for training. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC § 832 states, in part: ● Every person described in this

chapter as a peace officer shall satisfactorily complete an introduc - tory training course prescribed by POST. ● Training in the carrying and use of firearms shall not be required of a peace officer whose employ- ing agency prohibits the use of firearms. Commission Regulation 1005(a)(4) currently re - quires Coroners or Deputy Coroners to complete both the PC § 832 Arrest and PC § 832 Firearms Cours - es.

The implementation of the proposed changes will ensure Commission Regulation 1005(a)(4) is consis - tent with the requirements of PC § 832 and will only require the PC § 832 Firearms Course be completed when the carrying and use of firearms is authorized by the employing agency. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will allow employing agencies to provide the training that is necessary for their cor - oners or deputy coroners and not require training in the carrying and use of firearms when prohibited by the agency.

Thus, the law enforcement standards are maintained and effective in preserving peace, protec - tion of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE There are no forms/documents incorporated by ref - erence in this proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1412 DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would 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 businesses because the regulations specifically affect firearms training requirements for coroners and deputy coroners; not small businesses. Additionally, the Commission’s main function to select and main - tain training standards for law enforcement has no ef - fect 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 increase the efficiency of the state of California in delivering ser - vices to stakeholders by allowing employing agencies to provide necessary training and not requiring unnec- essary training. Thus, the law enforcement standards are maintained and effective in preserving peace, pro- tection of public health, safety, and welfare in Califor- nia. There would be no impact that would affect work- er safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with GC § 11346.5, subdivision (a) (13), POST must determine that no reasonable al - ternative it considered, or that has otherwise identified 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 action may be directed to Jennifer Hardesty , Commission on POST, 860 Stillwater Road, Suite 100, West Sac - ramento, CA 95605–1630, at (916) 227–3917. General questions regarding the regulatory process may be di - rected to Katelynn Poulos at (916) 227–4894.

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.

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.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1413 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. DE PARTMENT OF JUSTICE The Department of Justice (Department) propos - es to amend

section 4025 and adopt

section 4026 of title 11, division 5,

chapter 2 of the California Code of Regulations concerning a dealer’s notice to the De- partment following a failed private party sale, transfer, or loan of a firearm. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed regulatory action. However, the Department will hold a hearing if it receives a written request for a public hearing from any interested per - son, or their authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on December 19, 2023 at 5:00 p.m. Only written comments received by that time will be con - sidered. Please submit written comments to: Quentin Farris Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority:

Section 28060, Penal Code. Reference:

Section 28050, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: A private party sale, transfer or loan (private par - ty transfer) of a firearm must be conducted through a licensed firearms dealer. (Pen. Code, § 27 545.) Ex- isting law requires a firearms dealer who is unable to process the private party transfer to return the firearm to the person making the sale, transfer, or loan (sell - er). However, the dealer is prohibited from returning the firearm to the seller if that person is prohibited from possessing a firearm. In those cases, the dealer must transfer the firearm to a law enforcement agency. (Pen.

Code, § 28050, subd. (e).) A dealer who delivers possession of a firearm to a law enforcement agency must notify the Department within 72 hours after the delivery in a manner and format prescribed by the Department. (Pen. Code, § 28050, subd. (g).) Currently, dealers give notifica - tion on the Report of Dealer Relinquishment, forms BOF 1401A and 1401B. Starting July 1, 2024, the deal- er will report this information electronically via the Dealer Record of Sale (DROS) Entry System (DES). 1 (Cal.

Code Regs., tit. 11, § 4025.) Also starting July 1, 2024, dealers must follow a new procedure after a failed private party transfer when they cannot legally return the firearm to the seller:

(1) The seller, transferor, or person loaning the fire - arm may request, and the dealer shall grant, that the dealer retain possession of the firearm for a period of up to 45 days so that the transferor or seller or the person loaning the firearm may des - ignate a person to take possession of that firearm. This 45–day period shall be in addition to any time necessary to process a transaction;

(2) If, before the end of the 45–day period, the sell - er, transferor, or person loaning the firearm des - ignates a person to receive the firearm and that person completes an application to purchase, the dealer shall process the transaction as specified; and,

(3) If the seller, transferor, or person loaning the fire- arm, does not request that the firearm be held by the dealer, or the firearm cannot be delivered to the designated person, the dealer, shall forth - with deliver the firearm to law enforcement. (Pen. Code, § 28050, subd. (f).) 1 The Department maintains the DES, a web–based application used by firearms dealers to report the sale, loan, transfer, redemp - tion, and acquisition of handguns and long guns to the Depart - ment, as required by state law. (Pen. Code, § 28 205; Cal. Code Regs., tit. 11, § 4200 et seq.)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1414 After a failed private party transfer, the new proce - dure allows the seller to request the dealer to hold the firearm for 45 days and to designate another person to receive the firearm. Dealers may charge a fee of up to $10 for any firearm stored by the dealer. (Pen. Code, § 28055, subd. (b).) A dealer who retains possession of a firearm for this purpose must notify the Department within 72 hours in a manner and format prescribed by the Department. (Pen.

Code, § 28050, subd. (g).) Effect of the Proposed Rulemaking: The proposed regulation amends the procedure for a dealer to notify the Department that a firearm has been delivered to a law enforcement agency. Dealers will no longer be required to send a form to the Department once the information is reported via the DES. The proposed regulation creates the procedure for a dealer to notify the Department that a firearm has been retained at the request of the seller, transferor, or person loaning the firearm. Starting July 1, 2024, the dealer will report this information electronically via the DES.

Anticipated Benefits of the Proposed Regulations: The proposed regulations provide the procedure for a dealer to meet their obligation of notifying the Department that a firearm has been relinquished or retained after a failed private party transfer. This reg - ulation protects public safety by implementing a stat - utory requirement that the Department be notified of the outcome of a failed private party transfer. This is particularly important when the original firearm pos - sessor is prohibited from possessing a firearm.

Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations. Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these proposed regulations are not inconsistent or incompatible with existing State regulations. After conducting a review for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern the dealer’s notification that a firearm has been relinquished or retained after a failed private party transfer.

Forms Incorporated by Reference: None. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The cost to the Department to process the report will be approximate- ly $427 annually. When dealers start reporting the in - formation electronically via the DES on July 1, 2024, there will be no cost to the Department. Cost 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. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: The Department estimates that a representative pri - vate person or business will necessarily incur $2.58 to complete and submit the required report. The average firearms dealer will face the above scenario once ev - ery 58 years. Significant effect on housing costs: None.

Significant, statewide adverse economic impact di - rectly affecting businesses, including ability to com - pete: The Department has made an initial determina - tion that the proposed action will not have a signifi - cant, statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states.

Results of the Economic Impact Assessment (EIA): The Department concludes that it is (1) unlikely that the proposal will create or eliminate jobs within the state, (2) unlikely that the proposal will create new businesses or eliminate existing businesses within the state, (3) unlikely that the proposal will result in the expansion of businesses currently doing business within the state. The Department also concludes that:

(1) The proposal would benefit the health and wel - fare of California residents by creating a proce - dure for a dealer to report to the Department that a firearm has been relinquished or retained be - cause the owner is not eligible to own a firearm. The regulation would protect public safety by im- plementing a requirement that keeps firearms out of the hands of persons who are prohibited from owning or possessing a firearm.

(2) The proposal would not benefit worker safety be- cause it does not regulate worker safety standards.

(3) The proposal would not benefit the state’s envi - ronment because it does not change any applica - ble environmental standards. Business report requirement: Effective July 1, 2024, the proposed regulations require the dealer to report the relinquishment or retention of a firearm to the De- partment via the DES. The Department finds it is nec- essary for the health, safety or welfare of the people of this state that proposed sections 4025 and 4026, which require a report, applies to businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1415 Small business determination: The Department has determined that this proposed action affects small businesses. Requiring the dealer to notify the Depart - ment electronically via the DES is the easiest way to make sure that the dealer provides all required infor - mation. Dealers are already familiar with using the DES to report transactions to the Department. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative considered by the Department 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 action or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

The Department has determined that the proposed regulation is the most effective way for a dealer to re - port the relinquishment or retention of a firearm after a failed private party transfer. Requiring the dealer to notify the Department electronically via the DES is the easiest way to make sure that the dealer provides all required information. Dealers are already famil - iar with using the DES to report transactions to the Department. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Quentin Farris Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2377 bofregulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person. In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Gilbert Mac Department of Justice P.O.

Box 160487 Sacramento, CA 95816 (916) 210–2153 bofregulations@doj.ca.gov AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process upon request to the contact person above.

As of the date this Notice of Proposed Rulemaking (Notice) is published in the Notice Reg - ister, the rulemaking file consists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), the Initial Statement of Reasons, and any information upon which the proposed rulemaking is based. The text of this Notice, the express terms, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based are available on the Department’s website at https:// oag.ca.gov/firearms/regs.

Please refer to the contact information listed above to obtain copies of these documents. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this notice or make modifications based on the comments.

If the Department makes modifications which are sufficiently related to the originally–proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as re - vised. Please send requests for copies of any modified regulations to the attention of the name and address indicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/firearms/regs. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the Initial Statement of Reasons, and any information upon which the proposed rulemaking

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1416 is based are available on the Department’s website at https://oag.ca.gov/firearms/regs. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN t h a t t h e S e c r e- tary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend Sections 3044 and 3090 in Title 15, Division 3,

Chapter 1, regarding canteen privilege levels. PUBLIC COMMENT PERIOD The public comment period begins November 3, 2023 and closes on December 21, 2023. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact R. Orr Telephone: (916) 445–2229 Regulation and Policy Management Branch P.O. Box 187018 Sacramento, CA 95827 Back–Up Y.

Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact M. Gomez–Essex Telephone: (279) 300–5679 Accounting Services Branch P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: December 21, 2023 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150N 1515 S St. — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, respon - sibilities, obligations, liabilities, and jurisdiction of abolished predecessor entities, such as Department of Corrections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Division of Adult Operations. PC

Section 5050 pro- vides that commencing July 1, 2005, any reference to the Director of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, custody, treatment, training, discipline, and employ - ment of persons confined therein are vested in the Sec- retary of the CDCR. PC

Section 5055 provides that commencing July 1, 2005, all powers and duties pre - viously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of persons. PC

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Due to the rise in inflation since the canteen draw limit was last changed in January 2010, the inmate population has lost purchasing power as canteen pric - es have risen but the draw limit has not. The increase in the draw limit would enhance the purchasing op - portunity for inmates.

The canteen is one of the few places in an institution where offenders can make their own choices, allowing offenders to purchase snacks and sundries with their own money. While the depart- ment provides inmates with essentials, the canteen offers goods that allow inmates to enhance their en -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1417 vironments via personal purchases. Since offenders are only allowed to receive food packages from family and friends on a quarterly basis, the canteen is vital to the inmate population in that it allows them access to non–state–issued amenities on a regular basis. In January 2010, the canteen draw limit was changed from $180 to $220. Due to inflation, the purchasing power of the dollar has diminished since January 2010.

To project an appropriate increase, the depart - ment used the Consumer Price Index (CPI) inflation calculator that is provided by the Bureau of Labor Statistics (see the “Materials Relied Upon” portion of this document). The calculator demonstrates a 37% in- crease in inflation between January 2010 and Decem - ber 2022, which means it would take approximately $300 now to have the same buying power as $220 had in January 2010. Raising the draw limit will allow an inmate’s purchasing power to be comparable to what it was in the past.

As CDCR continues its rehabilitative programming and inmates are eligible for lower security levels, in - mate access to canteens is increasing. The privilege level increase is necessary to meet the growing de - mand for canteen items and to expand purchasing abil- ity for the inmate population. This action will: ● Increase the canteen draw limit from $220 to $300. ● Make non–substantive changes to convert frac - tional language to percentages and to correct misspellings. DOCUMENTS INCORPORATED BY REFERENCE None.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The increase in the canteen draw limit would make inmate purchasing power comparable to what it has been in the past, thereby enhancing inmate purchas - ing opportunities. The department anticipates that the enhancement of inmate purchasing opportunities may positively affect inmates’ mental well–being and behavior. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations.

After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern an increase in the canteen draw limit. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate, which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630.

FISCAL IMPACT STATEMENT ● Cost or savings to any state agency: None. ● Cost to any local agency or school district that is required to be reimbursed: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. EFFECT ON HOUSING COSTS The department has made an initial determination that the proposed action will have no significant effect on housing costs.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that the proposed regulations will not have a signifi - cant statewide adverse economic impact directly af - fecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or requirements on any business. EFFECT ON SMALL BUSINESSES The department has determined that the proposed regulations will not affect small businesses.

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1418 RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

The department has determined that the proposed reg- ulations will have an impact on the health and welfare of California residents by allowing for an increase in the purchasing power for canteen items; this may af - fect inmates’ mental well–being, which may have a positive impact on their behavior.

CONSIDERATION OF ALTERNATIVES The department must determine that no reasonable alternative considered by the department 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, 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 provisions of law.

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period. AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son. The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person.

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice.

The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 19. DEPARTMENT OF FORESTRY AND FIRE PROTECTION/O F FICE OF THE STATE FIRE MARSHAL Notice is hereby given, that the California Depart - ment of Forestry and Fire Protection — Office of the State Fire Marshal (“OSFM”) or (“SFM”) proposes to amend regulations in Title 19, Division 1,

Chapter 15,

Article 1, as described below in the Informative Di - gest. (Government Code

Section 11346.6) INTRODUCTION CAL FIRE–Office of the State Fire Marshal (OSFM) is responsible for ensuring the implementation of the Aboveground Petroleum Storage Act (APSA) program element of the Unified Program. The APSA provides technical and enforcement guidance for aboveground petroleum storage to reduce the risk of leaks and spills.

Common acronyms and abbreviations used in these documents: APSA or APSA Program, Aboveground Petroleum Storage Act or Aboveground Petroleum Storage Act Program UPA, Unified Program Agency Advisory Committee, the OSFM APSA Advisory Committee SPCC Plan; Spill Prevention, Control, and Countermeasure Plan; spill prevention, control, and countermeasure plan WRITTEN COMMENT PERIOD Written comments will be accepted for at least 45 days beginning November 3, 2023, through January 19, 2024. All written comments received through the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1419 end of January 19, 2024, will be considered and re - sponded to as part of the compilation of the rulemak - ing file and are subject to disclosure under the Public Records Act (Government Code

Section 6250, et seq.). Written comments should be directed to the OSFM. Email: Title19Regulations@fire.ca.gov US Mail postmarked no later than January 19, 2024, to: CAL FIRE/Office of the State Fire Marshal P.O. Box 944246 Sacramento, CA 94244–2460 Attn: Eireann Flannery, Pipeline Safety and CUPA PUBLIC HEARING The Office of the State Fire Marshal (OSFM) is providing notice of scheduled hearing to consider the adoption of proposed regulations related to regulations for the Aboveground Petroleum Storage Act program (APSA Program).

Pursuant to Government Code Sec- tion 11346.8, the OSFM will hold a public hearing on the proposed action as follows: January 19, 2024 9:00 a.m. to 12:00 p.m. CAL FIRE 710 Riverpoint Court, Suite 150 Conference Room 101 West Sacramento, CA 95605 The public hearing facilities are accessible to per - sons with disabilities via building security and the el - evator. At the hearing, any person may present oral or written statements or arguments relevant to the proposed action. It is requested, but not required, that persons making oral comments also submit a written copy of their testimony at the hearing.

It is requested, but not required, that persons mak - ing oral comments also submit a written copy of their testimony at the hearing. Copies of the Notice of Pro - posed Action, Text of Proposed Regulations, Initial Statement of Reasons (ISOR), documents Incorporat - ed by Reference in the text of proposed regulations, documents relied upon, and any other materials con - cerning this rulemaking can be accessed on the Of - fice of the State Fire Marshal website at: https://osfm. fire.ca.gov/divisions/codedevelopment–and–analysis/ title–19–development/.

Use this link to join the Public Hearing virtually https://teams.microsoft.com/dl/launcher/ launcher.html?url=%2F_%23%2Fl%2Fmeetup– join%2F19%3Ameeting_ZDcyZDk0MzktMm E0Ny00YmE0LWJiYTItZjg0YmQyMzZmYm E5%40thread.v2%2F0%3Fcontext%3D%257b %2522Tid%2522%253a%2522447a4ca0–5405– 454d–ad68–c98a520261f8%2522%252c%2522 Oid%2522%253a%252255dd5151–2626–4f47– 82ff–87b7f7bc788f%2522%257d%26anon%3Dtr ue&type=meetup–join&deeplinkld=c6675992– 8f5a–48bd–b712–ceebba1ddc9e&directDI=tru e&msLaunch=true&enableMobilePage=true& suppressPrompt=true Meeting ID: 240 154 319 261 Passcode: y2dfQe Teleconference number — audio only +1 650–564–3271 Phone Conference ID: 712 737 262# AUTHORITY AND REFERENCE Authority Health and Safety Code

Section 25270.4.1. Reference Aboveground Petroleum Storage Act, Health and Safety Code Sections 25270.2, 25270.3, 25270.4, 25270.4.1, 25270.4.5, 25270.5, 25270.6, 25270.9, 25270.12. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Health and Safety Code

Section 25404. Water Code

Section 13050. California Code of Regulations Title 27

Section 15110. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of existing laws and regulations directly related to the proposed rulemaking Pursuant to Health and Safety Code

Section 25270.4.1, the CAL FIRE–Office of the State Fire Marshal (OSFM) is responsible for ensuring the im - plementation of the Aboveground Petroleum Storage Act (APSA) program element of the Unified Program. The Aboveground Petroleum Storage Act Program is one program within the Unified Program, a multi agency state program which is overseen by the Secre - tary of Environmental Protection. A description of the effect of the proposed rulemaking Each proposed regulation supports the implementa- tion of one or more of the OSFM’s statutory respon - sibilities, as related to APSA. The full text of these responsibilities is found in Health and Safety Code

Section 25270.4.1 and summarized below. 1. Adopt regulations implementing APSA. 2. Provide

interpretation of the APSA statutes to lo- cal Unified Program Agency (UPA) enforcement entities.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1420 3. Oversee the implementation of the APSA re - quirements by local UPA enforcement entities. 4. Provide training for local UPA enforcement entities. 5. To the maximum extent feasible, ensure con - sistency with state law and federal enforcement guidance. 6. Support the local UPA enforcement entities in providing outreach to regulated persons in rela - tion to regulations relevant to OSFM’s responsi - bilities under the APSA program. 7. Develop more stringent requirements, as need - ed to implement the safety requirements of the APSA.

A policy statement overview explaining the broad objectives of the regulation The purpose of these regulations is to provide a clear source of technical guidance and distinguish each stakeholder’s responsibilities under APSA. UPA are responsible for enforcement activities, there is no state or federal approval of SPCC Plans. An explanation of the specific benefits anticipated from the proposed action, including the benefit from the statute These regulations coordinate and highlight the state and federal laws for the regulated community, indus - try stakeholders, and local UPA enforcement entities.

This is to provide an efficient enforcement and compli- ance tool for the directly affected entities of the APSA program. An explanation of the nonmonetary benefits such as the protection of public health and safety, worker safety, or the environment, the prevention of discrimination, the promotion of fairness or social equity, and the increase in openness and transparency in business and government. These regulations are necessary to protect public safety and the environment. Aboveground petroleum storage tanks may leak and spill into the environment, causing contamination problems.

Contamination pos - es a range of risks, which result in minor to very seri - ous threats to the environment and public safety. Preventive steps taken by the industry and regulated entities reduce the risk of leaks and spills, therefore providing a direct public safety and environmental benefit. An evaluation of whether the proposed regulation’s consistency with existing state regulations. The proposed regulations are not inconsistent or in- compatible with existing state regulations as they are aligned with applicable implementation and enforce - ment requirements of the Unified Program.

A description of any substantial differences from existing, comparable federal regulation or statute. The proposed regulations are not inconsistent or in- compatible with existing federal regulations or statute as they are aligned to the implementation and enforce- ment requirements of the Unified Program as autho - rized by federal regulations and state law. Full Citation of Federal Regulations Title 40,

Part 112, Code of Federal Regulations DOCUMENTS INCORPORATED BY REFERENCE No documents are incorporated by reference as part of this proposal. MANDATED BY FEDERAL LAW OR REGULATIONS These regulations are not mandated by federal law or regulations. Local Mandate Determination: The OSFM has made a preliminary determination that adoption of these regulations will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. FISCAL IMPACT ESTIMATES Is there a Cost to any local agency or school district requiring reimbursement pursuant to

section 17500 et seq.? No. Is there a direct costs or savings to any state agency? No. Is there other evidence based non–discretionary cost or savings imposed upon local agencies? No. Are there anticipated costs or savings in federal funding to the state? No. Housing Costs Determination There is no anticipated effect on housing costs. Initial Determination Regarding Significant Statewide Adverse Economic Impact Directly Affecting Business, including the Ability of California Businesses to Compete with Businesses in Other States None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1421 RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Specify whether and to what extent the proposed regulation will affect the following: Creation of jobs within California No. Elimination of jobs within California No. Creation of new businesses within California No. Elimination of existing businesses within California No. Expansion of businesses currently doing business within the state No.

Benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment Preventive steps taken by the industry and regula - tory agencies can reduce the risk of leaks and spills, therefore providing a direct public safety and environ- mental benefit. Cost Impacts on Representative Person or Business 17,852 is the total number of businesses regulated under the APSA program. However, it is anticipat - ed that 2,613.1–3733.1 businesses may experience an enforcement or fiscal impact as a result of these regulations.

The 2,613.1–3733.1 estimates reflect the approximate number of regulated businesses that are not currently in inspected on a 3 year cycle. These are facilities with less than 10,000 gallons of aggregate petroleum storage capacity and may experience an in- spection within a 3 year timeframe as a result of these regulations. Increased inspections do not necessarily lead to an increase in fees. Therefore, the additional staffing for an inspection may not have an impact to the UPA an - nual fees. Fees must be consolidated for all Unified Program activities.

UPAs are required to maintain their fee structure at a level that ensures that the UPA has operating expenses while also ensuring that regu - lated businesses are not paying more than what is fis - cally required. In addition, changes to the fee structure must be approved by the appropriate oversight entity that supervises the UPA. If the UPA with jurisdiction currently inspects fa - cilities with less than 10,000 gallons of aggregate pe - troleum storage capacity within the 3 year timeframe, those businesses will not experience a change in en - forcement or fees as a result of these regulations.

The OSFM and the APSA Advisory Committee have determined that other impacts of these regula - tions would be minor and absorbable to both UPAs and regulated businesses. Business Report The proposed regulations do not require a business report. Small Business Determination Businesses may self–identify as part of their public participation in the regulatory process. However, the public safety requirements of this program do not re - quire disclosure of business details which would iden- tify a “small business,” as it is defined by Government Code 11342.610.

Due to the lack of information for analysis purpos - es, the OSFM has determined that the proposed reg - ulations have no “substantial” effect to small business and therefore the OSFM has not identified any alter - natives that would lessen any adverse impact on small business and still fulfill the public safety purpose of the program.

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

AGENCY CONTACTS Jennifer Lorenzo, Senior Environmental Scientist (Supervisor) CAL FIRE/Office of the State Fire Marshal OSFM “CUPA” Programs 715 ‘P’ St., Suite 900 Sacramento, CA 95814 jennifer.lorenzo@fire.ca.gov Phone: (916) 247–0159 Kathy Battles, Staff Services Analyst CAL FIRE/Office of the State Fire Marshal OSFM Pipeline Safety 715 ‘P’ St., Suite 900 Sacramento, CA 95814 kathy.battles@fire.ca.gov Phone: (916) 263–6300 AVAILABILITY OF RULEMAKING DOCUMENTS The OSFM will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above Sacramen-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 44–Z 1422 to 715 “P” Street address. As of the date of this notice being published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the reg- ulations, the initial statement of reasons, and support - ing information. Copies may be obtained through the contact persons at the address and/or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding a public hearing, if requested, and considering all timely and relevant comments re - ceived, the OSFM may adopt the proposed regulations substantially as described in this notice. If the OSFM makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the OSFM adopts the regulations as revised. Requests for copies of any modified regulations should be directed to the contact person at the address listed above.

The OSFM will ac- cept written comments on the modified regulations for 15 days after the date on which the modifications are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Eireann Flannery at the above address and telephone number or by accessing the website listed below.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of this Notice of the Proposed Rulemaking (“NOPA”), the initial statement of reasons (“ISOR”), the text of the proposed regulations (“TEXT”) and any other materials or documents concerning this rulemaking can be accessed through the Office of the State Fire Marshal web address at: http://osfm.fire. ca.gov/divisions/code–development–and–analysis/ title–19–development/. PLAIN ENGLISH DETERMINATION The proposed Regulations were prepared pursuant to the standard of clarity provided in Government Code

Section 11349 and the plain English require - ments of Government Code

Section 11342.580 and

Section 11346.2(a)(1). The proposed regulations were written to be easily understood by the parties that will use them. TITLE 22/MPP. DEPARTMENT OF SOCIAL SERVICES ORD #0523–05 ITEM # CALWORKS PHOTO IDENTIFICATION The California Department of Social Services (CDSS) hereby gives notice of the proposed regulato- ry action(

s) described below. A public hearing regard- ing this proposal is not currently scheduled. Not later than 15 days prior to the close of the public comment period, any interested person, or his or her authorized representative, may make a written request for a pub - lic hearing pursuant to Government Code

section 11346.8, and a public hearing will be held. Requests for a public hearing should be sent to: California Department of Social Services Office of Regulations Development 744 P St., MS 8–4–192 Sacramento, CA 95814 Tel: (916) 657–2856, Fax: (916) 653–7395 Email: ord@dss.ca.gov Statements or arguments relating to the proposals may be submitted in writing, Email, or by facsimile to the address/number listed above. All comments must be received by December 19, 2023. Following the public comment period, CDSS may thereafter adopt the proposals substantiall

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2023, No. 44
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	73ffc6c6d1209519394ed1920068d74192dc5f91

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