Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 18-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 6, 2022 PROPOSED ACTION ON REGULATIONS TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION Notice of Intent Amendments, 2022 — Notice File Number Z2022–0426–05 ................................. 519 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Dental Care — Notice File Number Z2022–0426–02 ................................................... 522 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Reading Glasses — Notice File Number Z2022–0426–03 ................................................ 525 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for South Fork Floodplain Restoration Phase II, Tracking Number 1653–2022–091–001–R1, Siskiyou County ............................................. 528 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Stony Point Flats Apartments, Tracking Number 2080–2022–008–03, Sonoma County ................................................. 528 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Redwood National and State Park Visitor Center and Restoration Project, Tracking Number 2080R–2022–007–01, Humboldt County .............................. 529 DEPARTMENT OF FISH AND WILDLIFE Research on the Blunt–nosed Leopard Lizard (Gambelia sila) ............................................ 529 (Continued on next page)

RULEMAKING PETITION DECISION AIR RESOURCES BOARD Low Carbon Fuel Standard Reconsideration .......................................................... 530

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 533 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 http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 519 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION “NOTICE OF INTENT AMENDMENTS, 2022” TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS (14 CCR), DIVISION 1.5,

CHAPTER 4, SUBCHAPTER 7,

ARTICLE 2 & 6.8 NATURE OF PROCEEDING Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest. PUBLIC HEARING The Board will hold a public hearing on July 14, 2022, at its scheduled meeting held at the Courtyard Marriott, 313 Riverside Ave, Santa Cruz, CA 95060. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro - posed action. The Board requests, but does not re - quire, that persons who make oral comments at the hearing also submit a written

summary of their state - ments. Additionally, pursuant to Government Code (GOV) § 11125.1(b), writings that are public records pursuant to GOV § 11125.1(

a) and that are distributed to members of the state body prior to or during a meet- ing, pertaining to any item to be considered during the meeting, shall be made available for public inspection at the meeting if prepared by the state body or a mem- ber of the state body, or after the meeting if prepared by some other person. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on at the conclusion of the public hearing on July 14, 2022.

The Board will consider only written comments received at the Board office by that time and those written comments received at the public hearing, in - cluding written comments submitted in connection with oral testimony at the public hearing. The Board requests, but does not require, that persons who sub - mit written comments to the Board reference the title of the rulemaking proposal in their comments to facil- itate review. Written comments shall be submitted to the follow- ing address: Board of Forestry and Fire Protection Attention: Eric Hedge Regulations Program Manager P.O.

Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street, 9th Floor Sacramento, CA 95814 Written comments may also be sent to the Board via facsimile at the following phone number: (916) 653–0989 Written comments may also be delivered via e–mail at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14 and 14 CCR § 1122) Authority cited: Sections 4551, 4552 and 4582.3, Public Resources Code.

Reference: 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV § 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, Public Resources Code (PRC) § 4511, et seq. the Board is authorized to construct a system of forest practice regulations applicable to timber management on state and private timberlands. Pursuant to PRC § 4551.5, the rules and regulations that the Board is authorized to adopt include mea - sures for the conduct of Timber Operations and for the preparation of Timber Harvesting Plans.

Additionally, pursuant to PRC § 4582, Timber Harvesting Plans must “…be filed with the department

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 520 in writing by a person who owns, leases, or other - wise controls or operates on all or any portion of any Timberland and who plans to harvest the timber there- on.” One of the requirements of the Timber Harvesting Plan is “[a] description of the silvicultural methods to be applied…” (PRC § 4582(d)).

Furthermore, PRC § 4582.3 requires the Board to adopt regulations regarding” …notice of intent to har- vest timber, to be given within two working days fol - lowing submission of a timber harvesting plan” — in order to notify both the Department of Forestry and Fire Protection (Department), and those who may be affected by Timber Operations of proposed ac - tivities. The Board has adopted such regulations for Timber Harvesting Plans (THP), and Programmatic Timber Harvesting Plans (PTHP) (a similar permit - ting scheme), within 14 CCR §§ 1032.7 and 1092.04, respectively.

Currently, the Forest Practice Rules include provi - sions for multiple silvicultural method types which may be utilized in a THP or PTHP, however the reg - ulations regarding notices of intent to harvest timber only require disclosure of some of those silvicultural methods. The problem is that notice of intent to har - vest timber regulations which do not require disclo - sure of all silvicultural methods proposed in a THP or PTHP fail to accurately disclose proposed project activities to the Department and persons which may be potentially affected by Timber Operations.

The purpose of the proposed action is to require the disclosure of all proposed silvicultural methods within the footprint of a THP or PTHP. The primary benefit of the proposed action is the maintenance of a comprehensive regulatory scheme which allows for the clear and consistent application and enforcement of notice of intent with THP/PTHP. Additionally, the improvement of notification process- es will benefit the efficiency of the Department review and enforcement of the regulations. There is no comparable Federal regulation or statute.

Board staff conducted an evaluation on whether or not the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). State regulations related to the proposed action were, in fact, relied upon in the de - velopment of the proposed action to ensure the con - sistency and compatibility of the proposed action with existing State regulations. Otherwise, Board staff evaluated the balance of existing State regulations re - lated to the licensing of timber operators within State regulations that met the same purpose as the proposed action.

Based on this evaluation and effort, the Board has determined that the proposed regulations are nei - ther inconsistent nor incompatible with existing State regulations. The proposed regulation is entirely con - sistent and compatible with existing Board rules. Statutes to which the proposed action was com - pared: 4511 et seq. MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du - plicates, Federal regulations.

There are no comparable Federal regulations related to stocking requirements on nonfederal forest lands. No existing Federal regulations meeting the same pur- pose as the proposed action were identified. OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts.

FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code. A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the act, within the meaning of

Section 17556 of the Government Code. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies. The proposed action will not result in costs or sav - ings in Federal funding to the State. The proposed action will not result in costs to any State agency. The proposed action represents a con - tinuation of existing forest practice regulations related to stocking requirements on substantially damaged timberland and will not result in any direct or indirect costs or savings to any state agency. The proposed action will not result in the imposition of other non–discretionary costs or savings to local agencies.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 521 HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

FACTS, EVIDENCE, DOCUMENTS, TESTIMONY, OR OTHER EVIDENCE RELIED UPON TO SUPPORT INITIAL DETERMINATION IN THE NOTICE THAT THE PROPOSED ACTION WILL NOT HA VE A SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS (pursuant to GOV § 11346.2(b)(5) and GOV § 11346.5(a)(8)) Contemplation by the Board of the economic im - pact of the provisions of the proposed action through the lens of the decades of contemplating fire safety in land use and development in California that the Board brings to bear on regulatory development.

STATEMENTS OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA) The results of the economic impact assessment are provided below pursuant to GOV § 11346.5(a)(10) and prepared pursuant to GOV § 11346.3(b)(1)(A)– (D).

The proposed action: ● Will not create jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11346.3(b) (1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within California (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)) through the promotion of a clear an enforceable regulatory scheme.

The pro- posed action will not affect the health and welfare of California residents, worker safety. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. No adverse impacts are to be expected. BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement.

SMALL BUSINESS (defined in GOV 11342.610) The proposed action will affect small business. Small business, pursuant to 1 CCR § 4(a):

(1) Is legally required to comply with the regulation;

(2) Is not legally required to enforce the regulation;

(3) Does not derive a benefit from the enforcement of the regulation;

(4) May incur a detriment from the enforcement of the regulation if it does not comply with the regulation.

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or 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.

CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 522 Board of Forestry and Fire Protection Attention: Eric Hedge Regulations Program Manager P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 653–9633 The designated backup person in the event Mr. Hedge is not available is Jane Van Susteren, Regulations Coordinator for the Board of Forestry and Fire Protection. Ms. Van Susteren may be contacted at the above address or phone. A VAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a) (16) and (18)) All of the following are available from the contact person: 1.

Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2. Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4.

Changed or modified text. After holding the hear- ing and considering all timely and relevant com - ments received, the Board may adopt the proposed regulations substantially as described in this no - tice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text — with the chang - es clearly indicated — available to the public for at least 15 days before the Board adopts the regu- lations as revised.

Notice of the comment period on changed regulations, and the full text as modi- fied, will be sent to any person who testified at the hearings, submitted comments during the public comment period, including written and oral com- ments received at the public hearing, or request - ed notification of the availability of such changes from the Board of Forestry and Fire Protection. The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available.

FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Availability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/ proposed–rule–packages/. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemak - ing authority granted by PC

section 5058, propos - es to amend sections 3999.216, 3999.365, 3999.366, 3999.367, and 3999.368 of the California Code of Regulations (CCR), Title 15, Division 3,

Chapter 2, concerning health information and dental care. PUBLIC HEARING A virtual public hearing will be held on June 21, 2022. Go to https://cchcs.ca.gov/health–care–regs/ for the link to join the virtual hearing, or you may call (916) 701–9994 and enter phone conference ID 442065119# to join by phone (audio only) between the hours of 1:00 p.m. and 1:30 p.m. on June 21, 2022. PUBLIC COMMENT PERIOD The public comment period will close on June 21, 2022, at 5:00 p.m. Any person may submit public comments in writing (by mail or by email) regarding the proposed changes.

To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by email to HealthCareRegulations@cdcr. ca.gov before the close of the comment period. CONTACT PERSON Please direct any inquiries regarding this action to:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 523 R. Hart Associate Director (

A) Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691–2922 T. Adams Staff Services Manager II Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691–2921 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of abolished prede - cessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

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

section 5050 provides 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, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5058 authorizes the Director to pre - scribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows: Sections 4040(a)(2), 4076, 4170 and 4171(b), Business and Professions Code;

Section 1157, Evidence Code;

Section 11150, Health and Safety Code; Sections 3424 and 5054, Penal Code; Perez, et al. v. Cate, et al. , (Number C05–05241 JSW), U.S. District Court, Northern District of California; and Plata v. Newsom (Number C01–1351 JST), U.S. District Court, Northern District of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sections 3999.216, 3999.365, 3999.366, 3999.367, and 3999.368 of the CCR, Title 15, Division 3,

Chapter 2, governing health information and dental care. Sections 3999.365 through 3999.368 contain language from 24 dental care related sections of the CDCR Health Care Department Operations Manual (HCDOM). This presents a prob - lem when trying to determine regulatory impact re - sulting from revisions to HCDOM sections related to dental care. Because HCDOM sections related to den- tal care do not directly correspond to the current reg - ulations sections in

Article 6, it can be difficult deter - mining what parts of

Article 6 are impacted by revised HCDOM dental care policies without excessive time and resources. Additionally, there is always the possi- bility that CDCR staff will miss the regulatory impact to

Article 6 whenever HCDOM dental care policies are revised, thereby creating underground regulations as defined in Title 1,

Section 250. This action provides the following: ● Reduces the amount of staff time and resources spent conducting lengthy analyses to determine regulatory impact from changes to HCDOM den- tal care policies. ● Significantly reduces future chances of CDCR operating with underground regulations. ● Provides more organized dental care regulations. ● Brings provisions in–line with recent revisions to CDCR health information and dental care policies.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regula - tions will benefit CDCR staff and the regulated public by decreasing the amount of staff resources needed to determine regulatory impact of revised dental poli - cies, prevent underground regulations, promote open - ness and transparency by improving the organization and coherence of dental care regulations, and ensure continued consistent treatment standard for the deliv - ery of dental services to CDCR patients. FORMS INCORPORATED BY REFERENCE Not applicable.

EVALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a)(3)(D), the Department must evaluate whether the proposed reg - ulations are inconsistent or incompatible with exist - ing State regulations. Pursuant to this evaluation, the Department has determined these proposed regulations

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 524 are not inconsistent or incompatible with any existing regulations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no man - dates on local agencies or school districts, or a man - date which requires reimbursement pursuant to GC

section 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 ef - fect on housing costs because the proposed regulations will reorganize and retitle existing dental care regula - tions, and amend some provisions to bring them in– line with recent revisions to CDCR health information and dental care policies, which only affects inmates and staff within CDCR.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to compete with businesses in other states because the proposed action will reorganize and retitle existing dental care regulations, and amend some provisions to bring them in–line with recent revisions to CDCR health infor - mations and dental care policies; which only affects inmates and staff within CDCR.

RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed regulatory action will reorganize and amend standards regarding the provision of dental care to patients within CDCR. The proposed changes will benefit the health and welfare of California residents incarcerated in CDCR, staff, and the general public by improving the organization and coherence of dental care regulations, and will ensure continued consistent treatment standard for the delivery of dental services to CDCR patients.

The Department has determined that the proposed action will have no impact on the creation of new or the elimination of existing jobs or businesses within California or affect the expansion of businesses cur - rently doing business in California because the pro - posed action will reorganize and retitle existing dental care regulations, and amend some provisions to bring them in–line with recent revisions to CDCR health in- formation and dental care policies; which only affects inmates and staff within CDCR.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regula - tions will benefit CDCR staff and the regulated public by decreasing the amount of staff resources needed to determine regulatory impact of revised dental poli - cies, prevent underground regulations, promote open - ness and transparency by improving the organization and coherence of dental care regulations, and ensure continued consistent treatment standard for the deliv - ery of dental services to CDCR patients.

This regula - tion change will not have an impact on the State’s en - vironment, as the State’s environment is not impacted by the administration of the CDCR’s dental program. 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.

The proposed action will reorganize and retitle existing dental care regulations, and amend some provisions to bring them in–line with recent re - visions to CDCR health information and dental care policies; which only affects inmates and staff within CDCR.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse econom - ic impact on small businesses because the proposed action will reorganize and retitle existing dental care regulations, and amend some provisions to bring them in–line with recent revisions to CDCR health infor - mation and dental care policies; which only affects in- mates and staff within CDCR. CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 525 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 provisions of law. The Department has made an initial determina - tion that the action will not have a significant adverse economic impact on business.

Additionally, there has been no testimony, reasonable alternative, or other ev- idence provided that would alter the CDCR’s initial determination to proceed with this action. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail - able, the proposed text and the Initial Statement of Reasons (ISOR) of the proposed regulatory action.

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 contact per - son listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website https://cchcs.ca.gov and CDCR institution law libraries. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the con - tact person listed in this Notice.

A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this Notice. If the Department makes modifications which are suf- ficiently related to the originally proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Requests for copies of any modified regula - tion text should be directed to the contact person list - ed in this Notice.

The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR), pursuant to the authority granted by Government Code (GC)

section 12838.5 and Penal Code (PC)

section 5055, and the rulemak - ing authority granted by PC

section 5058, proposes to amend sections 3000 and 3095 of the California Code of Regulations (CCR), Title 15, Division 3,

Chapter 1 and sections 3999.98 and 3999.396 of the California Code of Regulations, Title 15, Division 3,

Chapter 2, concerning Reading Glasses. PUBLIC HEARING A virtual public hearing will be held on June 21, 2022. Go to https://cchcs.ca.gov/health–care–regs/ for the link to join the virtual hearing, or you may call (916) 701–9994 and enter phone conference ID 876715426# to join by phone (audio only) between the hours of 10:30 a.m. and 11:00 a.m. on June 21, 2022. PUBLIC COMMENT PERIOD The public comment period will close on June 21, 2022, at 5:00 p.m. Any person may submit public comments in writing (by mail or by email) regarding the proposed changes.

To be considered, comments must be submitted to California Correctional Health Care Services (CCHCS), Health Care Regulations and Policy Section, P.O. Box 588500, Elk Grove, CA, 95758, or by email to HealthCareRegulations@cdcr. ca.gov before the close of the comment period. CONTACT PERSON Please direct any inquiries regarding this action to: R. Hart Associate Director (

A) Risk Management Branch California Correctional Health Care Services P.O. Box 588500 Elk Grove, CA 95758 (916) 691–2922 T. Adams Staff Services Manager II Health Care Regulations and Policy

Section California Correctional Health Care Services (916) 691–2921

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 526 AUTHORITY AND REFERENCE GC

section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obliga - tions, liabilities, and jurisdiction of abolished prede - cessor entities, such as: Department of Corrections, Department of the Youth Authority, and Board of Corrections. PC

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

section 5050 provides 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, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

section 5058 authorizes the Director to pre - scribe and amend regulations for the administration of prisons. References cited pursuant to this regulatory action are as follows:

Section 5058, Penal Code. Reference:

Section 5054, Penal Code; Armstrong Remedial Plan. Armstrong v. Newsom (Number C94–2307 CW), U.S. District Court, Northern District of California; and Plata v. Newsom (Number C01–1351 JST), U.S. District Court, Northern District of California. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The CDCR and CCHCS propose to amend sec - tions 3000 and 3095 of the CCR, Title 15, Division 3,

Chapter 1 and sections 3999.98 and 3999.396 of the CCR, Title 15, Division 3,

Chapter 2, concerning Reading Glasses. Existing regulations lack the clarity on specific processes required for providing reading glasses to patients. For example, no specific quantity or frequency is currently outlined, or the circumstanc- es under which a replacement pair of reading glass - es should be provided. There is no current language to clarify that patients are provided the opportunity to self–identify which strength of reading glasses are needed.

In addition, the existing canteen privilege lan- guage does not appropriately reflect that a patient may still lose canteen privileges for a non–serious disci - plinary hearing, but that reading glasses must still be provided. This action will: ● Provide a consistent standard for the distribution of reading glasses within CDCR institutions. ● Clarify certain patient rights and responsibilities related to reading glasses.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regu - lations will benefit the CDCR staff and inmates by creating a consistent standard for the distribution of reading glasses within CDCR institutions. It shall also clarify certain patient rights and responsibilities relat - ed to reading glasses. DOCUMENTS INCORPORATED BY REFERENCE ● Not applicable. EVALUATION OF CONSISTENCY/ COMPATIBILITY WITH EXISTING REGULATIONS Pursuant to GC

section 11346.5(a)(3)(D), the Department must evaluate whether the proposed regulations are inconsistent or incompatible with ex - isting State regulations. Pursuant to this evaluation, the Department has determined these proposed regu - lations are not inconsistent or incompatible with any existing regulations within CCR, Title 15, Division 3. LOCAL MANDATES The proposed regulatory action imposes no man - dates on local agencies or school districts, or a man - date which requires reimbursement pursuant to GC

section 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 ef - fect on housing costs because the proposed action will clarify the distribution of reading glasses in CDCR institutions, which only affects patients within CDCR.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 527 SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has determined that the proposed action will not have a significant statewide adverse economic impact directly affecting businesses, in - cluding the ability of California businesses to compete with businesses in other states because the proposed action will clarify the distribution of reading glass - es in CDCR institutions, which only affects patients within CDCR.

RESULTS OF ECONOMIC IMPACT ASSESSMENT CDCR has determined the proposed regulations may have a positive impact on public safety, the health and welfare of California’s residents, worker safety, and on inmates by ensuring a consistent standard for the distribution of reading glasses to CDCR patients and clarifying certain patient rights and responsibili - ties related to reading glasses.

The Department has determined that the proposed regulations will have no impact on the creation of new or the elimination of existing jobs or businesses within California or affect the expansion of business - es currently doing business in California because the proposed action will clarify the distribution of reading glasses in CDCR institutions, which only affects pa - tients within CDCR.

BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The Department anticipates the proposed regu - lations will benefit the CDCR staff and inmates by creating a consistent standard for the distribution of reading glasses within CDCR institutions. It will also clarify certain patient rights and responsibilities re - lated to reading glasses. This regulation change will not have an impact on the State’s environment, as the State’s environment is not impacted by processes for providing reading glasses to CDCR patients.

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. The proposed action will clarify the distribution of reading glasses in CDCR institutions, which only affects patients within CDCR.

EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will have no significant adverse economic impact on small businesses because the proposed ac - tion will clarify the distribution of reading glasses in CDCR institutions, which only affects patients within CDCR.

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 provisions of law.

The Department has made an initial determina - tion that the action will not have a significant adverse economic impact on business. Additionally, there has been no testimony, reasonable alternative, or other ev- idence provided that would alter the CDCR’s initial determination to proceed with this action. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared, and will make avail - able, the proposed text and the Initial Statement of Reasons (ISOR) of the proposed regulatory action.

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 contact per - son listed in this Notice. The proposed text, ISOR, and Notice of Proposed Action will also be made available on CCHCS’s website https://cchcs.ca.gov and CDCR institution law libraries. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final Statement of Reasons may be obtained from the con - tact person listed in this Notice.

A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this Notice. If the Department makes modifications which are suf- ficiently related to the originally proposed text, it will

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 528 make the modified text (with the changes clearly in - dicated) available to the public for at least 15 calendar days before the Department adopts the regulations as revised. Requests for copies of any modified regula - tion text should be directed to the contact person list - ed in this Notice. The Department will accept written comments on the modified regulations for 15 calendar days after the date on which they are made available. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR SOUTH FORK FLOODPLAIN RESTORATION PHASE III (TRACKING NUMBER: 1653–2022–091–001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 4/19/2022, that California Trout proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves expanding upon restoration efforts that have occurred adjacent to the project reach by implement - ing one inset floodplain, an apex logjam, three large wood structures, five root–wad groupings, and sev - en small wood structures. The proposed project will be carried out on South Fork Scott River, located at 3044 Cecilville Road, Callahan, Siskiyou County, California.

On 7/1/2021, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the South Fork Floodplain Restoration Phase III.

The Regional Water Board determined that the project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (sec - tion 15333 – Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1A21148WNSI; ECM PIN Number CW–875118) for coverage under the General 401 Order on 9/20/2021. California Trout is requesting a determination that the project and associated documents are complete pursuant to Fish and Game Code

section 1653 subdi - vision (d). If CDFW determines the project is com - plete, California Trout will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code sec- tion 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, California Trout will have the oppor - tunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR STONY POINT FLATS APARTMENTS 2080–2022–008–03 SONOMA COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on April 21, 2022, that Stony Point Flats, LP proposes to rely on a consul - tation between federal agencies to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA). The pro- posed project involves the demolition of all existing buildings onsite and construction of four buildings to create a 50–unit affordable apartment community.

Proposed activities will include, but are not limited to, excavation and shoring, foundation and below–grade construction, and construction of the building and finishing interiors. The proposed project will occur at 2268 Stony Point Road (APN 125–521–008), Santa Rosa, Sonoma County, California. The U.S. Fish and Wildlife Service (Service) is - sued a federal biological opinion (BO) (Service Ref. Number 2022–0021147) in a memorandum to the U.S.

Army Corps of Engineers on April 20, 2022, which considered the effects of the proposed project on the federally endangered and state threatened Sonoma County Distinct Population Segment of California tiger salamander ( Ambystoma californiense ), state and federally endangered Sebastopol meadowfoam (Limnanthes vinculans ), and state and federally en - dangered Sonoma sunshine (Blennosperma bakeri). Pursuant to California Fish and Game Code

section 2080.1, Stony Point Flats, LP is requesting a determi - nation that the BO and its associated Incidental Take Statement (ITS) are consistent with CESA for purposes

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 529 of the proposed project. If CDFW determines the BO and its associated ITS are consistent with CESA for the proposed project, Stony Point Flats, LP will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR REDWOOD NATIONAL AND STATE PARK VISITOR CENTER AND RESTORATION PROJECT 2080R–2022–007–01 HUMBOLDT COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on April 15, 2022, that the Save the Redwoods League proposes to rely on a con- sultation between federal agencies to carry out a proj - ect that may adversely affect a species protected by the California Endangered Species Act (CESA).

The proposed project involves the restoration of approxi - mately 89 acres of the lower Prairie Creek watershed (major tributary to Redwood Creek) and enhancement of aquatic habitat in approximately three–quarters of a mile of mainstem Prairie Creek. Proposed activities will include, but are not limited to, improving stream connectivity with the adjacent floodplain and creation of a diversity of habitats (primary channel, backwater channels, installation of large wood, wetlands) to im - prove salmonid habitat.

The restoration also includes removing non–native vegetation and planting native vegetation across the site, removing 21 acres of as - phalt, and restoring old mill roads. The proposed proj- ect will occur in the lower part of the Prairie Creek sub–basin of the Redwood Creek watershed near Orick, California. The National Marine Fisheries Service (Service) is- sued a federal biological opinion (BO) (Service Ref. Number WCRO–2021–01006) in a memorandum to the U.S.

Army Corps of Engineers and the National Oceanic and Atmospheric Administration Restoration Center, which considered the effects of the proposed project on state and federally threatened Southern Oregon/Northern California Coast coho salmon (Oncorhynchus kisutch ), and federally threatened Northern California steelhead ( O. mykiss), of which the summer–run population is a candidate for listing under CESA. Pursuant to California Fish and Game Code

section 2080.1, the Save the Redwoods League is request - ing a determination that the BO and its associated Incidental Take Statement (ITS) are consistent with CESA for purposes of the proposed project. If CDFW determines the BO and its associated ITS are consis - tent with CESA for the proposed project, the Save the Redwoods League will not be required to obtain an incidental take permit under Fish and Game Code sec- tion 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH FOR A FULLY PROTECTED SPECIES RESEARCH ON THE BLUNT–NOSED LEOPARD LIZARD (GAMBELIA SILA) The Department of Fish and Wildlife (Department) received a proposal on April 8, 2022, from Dr. Rory Telemeco requesting authorization to take the Blunt– nosed Leopard Lizard ( Gambelia sila) (‘BNLL ’) for scientific research purposes consistent with conserva - tion and recovery of the species. The BNLL is a Fully Protected reptile and is also listed as Endangered un - der the California and federal Endangered Species Acts. Dr.

Telemeco is an Assistant Professor in Biology at California State University, Fresno, with extensive experience conducting research on lizard reproduc - tive and thermal ecology, including U.S. Fish and Wildlife Service– and Department–approved research on BNLL for the past two years. Part of this work in - volved a collaborative effort to establish the first of its kind captive breeding program for the species at the Fresno Chaffee Zoo (FCZ), with Mr. Mark Halvorsen as the Principal Investigator in his capacity as the Curator of Reptiles.

This work was previously noticed on February 28, 2020 (Telemeco; 9–Z, pages 323–325) and July 24, 2020 (Halvorsen; 30–Z, page 1072). Past research has demonstrated that drought ad - versely affects BNLL recruitment, resulting in pop - ulation declines, but nothing is known about poten - tial climate change impacts on nesting success. Dr. Telemeco is proposing to examine the feasibility of using the closely related Long–nosed Leopard Lizard (G. wislizenii, LNLL) as a surrogate for BNLL in ex - periments aimed at identifying and ameliorating the potential adverse effects from climate change on nest- ing success.

The proposed validation experiment in - volves placing BNLL eggs that were produced from the captive breeding program, along with eggs from wild–caught LNLL, under various thermal and hydric treatments and comparing the outcomes between the two species. The incubation work will be conducted at the FCZ under the direct oversight of Mr. Halvorsen and authorized staff. Future post–hatching fitness

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 530 monitoring and experiments will be undertaken in the animal lab at Fresno State University under the direct oversight of Dr. Telemeco. The Department intends to issue, under specified conditions, MOUs to authorize qualified wildlife re - searchers, with Dr. Telemeco and Mr. Halvorsen as the Principal Investigators, to carry out the proposed activities. Dr. Telemeco, Mr. Halvorsen, and the re - searchers are also required to have a valid federal re - covery permit for the BNLL, and a scientific collect - ing permit (SCP) to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 5050(a)(1), the Department may authorize take of Fully Protected reptile species after a 30 days’ notice has been provided to affected and interested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 5050 for take of Fully Protected reptiles, it would issue the MOU on or after June 6, 2022, for an initial and renewable term of up to, but not to exceed, five years. Contact: Laura Patterson, Laura.Patterson@ wildlife.ca.gov, 916–373–6633.

RULEMAKING PETITION DECISION AIR RESOURCES BOARD Sent via email: April 25, 2022 Tom Frantz tom.frantz49@gmail.com Association of Irritated Residents Phoebe Seaton pseaton@leadershipcounsel.org Michael Claiborne mclaiborne@leadershipcounsel.org Jamie Katz jbkatz@leadershipcounsel.org Leadership Counsel for Justice & Accountability Brent Newell brentjnewell@outlook.com Law Offices of Brent J.

Newell Tarah Heinzen theinzen@fwwatch.org Tyler Lobdell tlobdell@fwwatch.org Food & Water Watch Cristina Stella cstella@aldf.org Christine Ball–Blakely cblakely@aldf.org Animal Legal Defense Fund Re: P etition for Reconsideration of the Denial of the Petition for Rulemaking to Exclude All Fuels Derived from Biomethane from Dairy and Swine Manure from the Low Carbon Fuel Standard Program Dear Phoebe Seaton, Michael Claiborne, Jamie Katz, Brent Newell, Tom Frantz, Tarah Heinzen, Tyler Lobdell, Christina Stella, and Christine Ball–Blakely, This is in response to your petition for reconsid - eration, 1 submitted by the Association of Irritated Residents (AIR), Leadership Counsel for Justice & Accountability, Law Offices of Brent J.

Newell, Food & Water Watch, and Animal Legal Defense Fund, on March 25, 2022, relating to petitioners’ October 27, 2021 petition for rulemaking to the California Air Resources Board (CARB). 2 CARB initially acknowl - edged receipt of the petition for reconsideration on April 8, 2022.3 In your petition for rulemaking and your petition for reconsideration, you requested that CARB amend the Low Carbon Fuel Standard (LCFS) regulations found at title 17, California Code of Regulations (CCR), sec- tions 95480 through 95503, which are authorized by the Global Warming Solutions Act of 2006 (AB 32). 4 Specifically, the petitions request that CARB exclude 1 Submitted pursuant to Government Code, § 1 1340.6 and § 11340.7(c). 2 The petition is available from CARB upon request. 3 See letter from Mr.

Matthew Botill, Chief, Industrial Strategies Division, CARB, to petitioners, attached as Exhibit A. 4 See, e.g. , Health & Saf. Code, §§ 3 8560 and 38560.5. Pe - titioners argue that the LCFS violates Health and Safety Code

section 38562, but the LCFS was not developed based upon that section’s authority, and is not bound by its requirements. No version of the LCFS regulations has ever referenced Health and Safety Code

section 38562 as authorizing authority. Health and Safety Code

section 38562 applies to the Cap–and–Trade regulations published at title 17, CCR, sections 95801 through 96022, but does not apply to the LCFS. See, e.g., CARB response to GROWTHENERGY1 comment B4–33 in the Responses to Comments on the Draft EA (available here: https://ww2.arb. ca.gov/sites/default/files/barcu/regact/2018/lcfs18/rtcea.pdf?_ ga=2.136319792.1612206215.1649357322-380047974.1536712726) for the 2018 LCFS amendments (available here: https://ww2. arb.ca.gov/rulemaking/2018/low-carbon-fuel-standard-and- alternative-diesel-fuels-regulation-2018 ).

In particular, the LCFS has never contained a general additionality requirement. The LCFS is designed to incentivize increased production of low carbon intensity fuels by rewarding the supply of volumes of such fuels.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 531 all fuels derived from biomethane from dairy and swine manure from the LCFS, or, in the alternative, to reform the LCFS treatment of those fuels to account for additional greenhouse gas (GHG) emissions. The sections of the regulation that the petitions request that CARB amend are title 17, CCR, sections 95488.3 and 95488.9(f ).

CARB partially denied and partially granted the October 27, 2021 petition for rulemaking on January 26, 2022. 5 CARB partially denied the petition by de - clining to amend the LCFS Regulation in the manners suggested but granted the petition in part by affirming CARB’s commitment to continue to engage with pe - titioners on the programmatic, environmental justice, and environmental integrity concerns raised in the pe- tition through ongoing public processes.

Since January, CARB has followed up on this ele - ment of the response to the petition by continuing the ongoing AB 32 Climate Change 2022 Scoping Plan update development process, 6 and by hosting a com - prehensive public workshop on “Methane, Dairies and Livestock, and Renewable Natural Gas in California” on March 29, 2022. 7 Representatives of the petition - ers participated in the full–day workshop panels along with academics; community representatives; dairy and livestock industry representatives; investors; State, re- gional, and local environmental regulators, and oth - ers.

The workshop provided a public forum to seek comment on topics pertinent to the concerns raised by petitioners’ petitions. Those topics included State mandates for reductions in methane emissions, trends in the dairy and livestock industry, State programs that reduce dairy methane, environmental regulations affecting dairy operations (including concerns raised about potential impacts associated with environmen - tal policies and programs), and stakeholder perspec - tives on dairies.

CARB also opened a public comment docket following the workshop to solicit additional in- put from the public on workshop topics. 5 CARB Response to Petition for Rulemaking to Exclude All Fuels Derived from Biomethane from Dairy and Swine Manure from the Low Carbon Fuel Standard Program (Jan. 26, 2022), available here: https://ww2.arb.ca.gov/sites/default/files/2022-01/ LCFS%20Petition%20Response%202021.pdf. 6 2 0 2 2 A B 3 2 C l i m a t e C h a n g e S c o p i n g P l a n u p d a t e w o r k- shop materials available here: https://ww2.arb.ca.gov/our-work/ programs/ab-32-climate-change-scoping-plan/scoping- plan-meetings-workshops .

As noted in CARB’s January 26, 2022 response to the October 27, 2021 petition, AB 32 directs CARB to develop, and update at least once every five years, the overarching climate change strategy known by the statutory term as a “scop - ing plan.” See Health & Saf.

Code, § 38561. 7 March 29, 2022 Methane, Dairies and Livestock, and Renew - able Natural Gas in California public workshop agenda avail - able here: https://ww2.arb.ca.gov/sites/default/files/2022-03/ dairy-workshop-agenda-03-29-2022.pdf , and presentations available here: https://ww2.arb.ca.gov/resources/documents/ dairy-workshop-presentations-03-29-2022 .

As the petition for reconsideration notes, this March 29, 2022, workshop followed from a suggestion from Board Chair, Liane Randolph, consistent with inter - ests expressed by other Board members during the January 27, 2022, CARB Board hearing, that CARB staff convene public opportunities to explore and share findings and discussion on the issues raised in the peti- tioners’ initial petition in the near term. Following that March 29, 2022, workshop, CARB staff are working to summarize and synthesize the discussion and out - comes for a report to the Board and the public.

In addition, CARB staff recently finalized an “ Analysis of Progress toward Achieving the 2030 Dairy and Livestock Sector Methane Emissions Target” and overcoming technical and market barriers to methane emissions reductions projects, 8 as required by SB 1383 (Lara, Stats. of 2016,

chapter 395).9 Completion of this analysis is one of several elements required by SB 1383 as preconditions for the requirement that CARB adopt and implement regulations to reduce methane emissions from livestock manure management oper - ations and dairy manure management operations to meet the 2030 methane reduction target after January 1, 2024. 10 The analysis shows that, primarily as a re - sult of the State’s investment, as well as reductions in animal populations, 11 the dairy and livestock sector is 8 CARB, Final Analysis of Progress toward Achieving the 2030 Dairy and Livestock Sector Methane Emissions Target (Mar. 2022) available here: https://ww2.arb.ca.gov/resources/ documents/dairy-livestock-sb1383-analysis (Final Analysis). 9 Health & Saf.

Code, § 3 9730.7(c) (“the state board, in consul - tation with the department, shall analyze the progress the dairy and livestock sector has made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strat - egy.”). The goals specified in Health and Safety Code,

section 39730.7(b)(1) are to “reduce methane emissions from livestock manure management operations and dairy manure management operations [...] up to 40 percent below the dairy sector’s and live - stock sector’s 2013 levels by 2030.” 10 Health & Saf. Code, § 3 9730.7(b).

Specifically, among oth - er preconditions for adopting the methane emissions reduction regulations required, CARB must, in consultation with the Cal - ifornia Department of Food and Agriculture, determine that the regulations are technologically and economically feasible, cost– effective, include provisions to minimize and mitigate potential leakage, and include an evaluation of the achievements made by incentive–based programs. Health & Saf.

Code, § 39730.7(b)(4). 11 As discussed on pages 10–11 in the CARB Final Analysis, supra note 7, CARB staff calculated an average annual decline of 0.5 percent in animal populations from the dairy and livestock sector in California between 2008 and 2017. Many market fac - tors, including sustained low commodity prices, high production costs, reduced state, national, and international demand, and expansion of alternative product markets, suggest this trend in population decrease will continue.

Many of these same trends, along with improved production efficiency from economies of scale, have also contributed to the ongoing consolidation trend throughout the dairy industry in California and the United States that has been occurring for decades. Petitioners have not demon - strated that the LCFS rather than industry trends or other factors are responsible for the harms petitioners highlight.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 532 expected to achieve 4.6 MMTCO 2e annual methane emissions reductions by 2030 — or only about half of the emissions reductions needed to achieve the 2030 target. The analysis further shows that anaerobic di - gesters account for the primary share of statewide methane reductions achieved and expected from the diary dairy and livestock sector. Accordingly, with - out digesters, California would not be able to meet its 2030 dairy and livestock sector methane emissions reduction goal.

The evidence suggests that the LCFS Regulation has been helpful in incentivizing the de - velopment of well–designed and operated digester projects in order to support achieving these emissions reductions. CARB is currently developing the 2022 Scoping Plan update to identify a pathway to achieve carbon neutrality by no later than 2045, and as part of this work, identifying options for reducing California methane emissions in support of achieving carbon neutrality.

The need for methane reduction approach - es, like anaerobic digesters, and the utilization of dairy biomethane to better achieve various state policy goals is currently part of a public discussion and ongoing information gathering.

As the March 2022 analysis describes, “[w]hile dairy biomethane is currently di - rected to the transportation fuel market through the LCFS Program, other market–based programs could play a role in directing the biomethane to alternative end uses, including towards industries that are diffi - cult to electrify and otherwise decarbonize.” 12 This and other important policy questions relevant to the petition will be considered by CARB during the 2022 Scoping Plan update process.

Because a broad state - wide planning effort in this area is currently in prog - ress in the context of the ongoing development of the 2022 Scoping Plan update, initiating amendments to the LCFS Regulation without first allowing the 2022 Scoping Plan update to proceed would be premature. As previously noted, we anticipate initiating a public process to discuss opportunities to amend the LCFS upon completion of the Scoping Plan update.

Moreover, for the reasons explained to petitioners in the January 26, 2022, CARB letter to petitioners, 13 your renewed request that CARB stop implementing the elements of the LCFS that you propose that CARB amend is denied.

The current LCFS Regulation was lawfully adopted through the required robust public rulemaking process, and it is functioning to bring the environmental and economic benefits to California 12 Id. at 41. 13 This CARB Letter to Petitioners Re: Requests to Deny or De - lay Consideration of Low Carbon Fuel Standard (LCFS) Pathway Certifications (Jan. 26, 2022) was included as Attachment 5 to the petition for reconsideration, and is also available here: https:// ww2.arb.ca.gov/sites/default/files/classic/fuels/lcfs/fuelpathways/ comments/tier2/carb_response.pdf . that it was designed at adoption to incentivize.

Petitioners’ request for “interim relief” is a request for CARB to effectively bypass the legally–required open public regulatory amendment process. Granting such a request would go against the basic principles of the Administrative Procedure Act and the underlying open public process policy interests. Determination and Conclusion California needs methane reductions from the dairy and livestock sector now, and the LCFS provisions that petitioners propose to amend support achievement of those reductions.

Although the information contained in the petition for reconsideration underscores the need for continued action and coordination to address the complex issues associated with dairy and livestock operations in the Central Valley, petitioners have not presented information that changes the response as re- flected in our January 26, 2022 letter to the petitioners and that would warrant shortcutting the public pro - cess for the Scoping Plan and any subsequent LCFS rulemaking.

All of the reasons for the initial denial of the petition for rulemaking still apply. 14 Therefore, after careful consideration of the peti - tion for reconsideration, the relevant law, and the cur- rent context of ongoing development of the next 2022 Scoping Plan update and anticipated subsequent regu- latory activity, the petitioners’ petition for reconsider- ation, pursuant to Government Code

section 11340.7 15 is denied. The record upon which this decision is based includes the petition and its exhibits, this letter, and the materials referenced herein. While CARB is denying the petition for reconsid - eration, CARB appreciates and welcome petitioners’ continued engagement and information sharing with - in these ongoing public processes to improve our pro- grams and the achievement of our shared important policy goals. In accordance with Government Code

section 11340.7(d), a copy of this letter is being transmitted to the Office of Administrative Law for publication in the California Regulatory Notice Register. The agency contact person in this matter is Gabriel Monroe, Senior 14 Gov.

Code § 11 340.7 provides that an agency addressing a pe - tition shall “identify the agency, the party submitting the petition, the provisions of the California Code of Regulations requested to be affected, reference to authority to take the action requested, the reasons supporting the agency determination, an agency contact person, and the right of interested persons to obtain a copy of the petition from the agency.” This response fulfills those require - ments. 15 The Board may delegate any duty it deems appropriate to its Executive Officer (Health & Saf. Code, § 39 515(a)).

The Board is conclusively presumed to have delegated any of its powers to the Executive Officer unless it has expressly reserved that power to itself (Health & Saf. Code, § 39 516). The Board has not reserved the power to act on rulemaking petitions and it is, therefore, ap - propriate for me to act on this petition pursuant to my delegated authority.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 533 Attorney, available at (916) 324–2132 or Gabriel. Monroe@arb.ca.gov. Interested parties may obtain a copy of the petition upon request to Chris Hopkins, available at (279) 208–7347 or Chris.Hopkins@arb. ca.gov. Upon request physical copies may be obtained from 1001 I Street, Sacramento, California, 95814. Sincerely, /s/ Richard W. Corey Executive Officer California Air Resources Board cc: (via email only) Liane M. Randolph, CARB Chair Honorable Board Members Rajinder Sahota, CARB Deputy Executive Officer Chanell Fletcher, CARB Deputy Executive Officer Ellen M. Peter, CARB Chief Counsel

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Secretary of State File # 2022–0414–01 Conditional Voter Registration This action adds a method for military and overseas voters and voters with disabilities to complete condi - tional voter registration and cast a provisional or non - provisional ballot.

Title 02 Adopt: 20024.5 Amend: 20021, 20022, 20023, 20024, 20025, 20026, 20027 Filed 04/25/2022 Effective 04/25/2022 Agency Contact: Rachelle Delucchi (916) 764–5934 Department of Developmental Services File # 2022–0415–01 Readoption of Children’s Community Crisis Homes This emergency rulemaking action by the Department of Developmental Services readopts the changes approved in OAL File Number 2021–0615– 08ER.

That action updated facility program plan re - quirements, staff training requirements, continuing education requirements, and individual behavior sup - ports plan requirements for Community Crisis Homes licensed as adult residential facilities and group homes. That action also updated Form DS 6023 and Form DS 6024, which pertain to rate development for Community Crisis Homes.

Title 17 Adopt: 59009.5, 59010.1, 59010.2, 59010.3, 59010.4, 59010.5 Amend: 59000, 59002, 59006, 59007, 59008, 59009, 59010, 59012, 59022, 59050, 59072 Filed 04/25/2022 Effective 04/25/2022 Agency Contact: Amy Whiting (916) 654–4418 Department of Housing and Community Development File # 2022–0411–02 MP/ SOP Permit to Operate Penalty Fees Waiver — Readopt This emergency regulatory action readopts a waiv - er application process and criteria for the waiver of penalties for late payment of permit–to–operate fees due to economic hardship experienced by mobile home park and special occupancy park permit holders during States of Emergency.

Title 25 Amend: 1002, 1009, 2002, 2009 Filed 04/20/2022 Effective 04/26/2022 Agency Contact: Laura Turner (916) 820–1222 California Science Center File # 2022–0322–01 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing. Title 02 Amend: 46000, 46001 Filed 04/27/2022 Effective 05/27/2022 Agency Contact: Alfred Konuwa (213) 744–2308

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 18-Z 534 Acupuncture Board File # 2022–0310–07 Omnibus Clean–Up Amendments This action makes changes without regulatory ef - fect to the Acupuncture Regulations. Specifically, this action standardizes formatting, numbers, and terms; eliminates gendered pronouns; replaces the word “ori- ental” with “Asian”; adds Oxford commas; makes grammatical changes; updates cross–references; and updates reference citations.

Title 16 Amend: 1399.400, 1399.403, 1399.405, 1399.406, 139.9.411, 1399.413, 1399.414, 1399.416, 1399.417, 1399.419, 1399.419.1, 1399.419.2, 1399.421, 1399.422, 1399.423, 399.424, 1399.425, 1399.426, 1399.427,1399.428, 1399.430, 1399.431, 1399.434, 1399.435, 1399.437, 1399.438, 1399.439, 1399.434, 1399.440, 1399.441, 1399.443, 1399.444, 1399.451, 1399.455, 1399.463, 1399.464, 1399.465, 1399.467, 1399.468, 1399,469, 1399.469.1, 1399.469.2, 1399.475, 1399.476, 1399.477, 1399.479, 1399.480, 1399.481, 1399.482, 1399.483, 1399.484, 1399.485, 1399.486, 1399.487, 1399.488, 1399.489, 1399.489.1 Repeal: 1399.456 Filed 04/22/2022 Agency Contact: Heather Hoganson (916) 574–8227 Board of Pilot Commissioners File # 2022–0325–01 Trainee Minimum Qualifications This change without regulatory effect adds a refer - ence citation and corrects the subsection hierarchy in the regulation by eliminating a duplicate letter.

Title 07 Amend: 213 Filed 04/26/2022 Agency Contact: Allen Garfinkle (415) 397–2253 California Highway Patrol File # 2022–0310–01 Child Safety Alarm Systems The California Highway Patrol in this action is re - moving expired provisions and repetitive language. Additionally, language is being amended to define the requirements for deactivation of the child safety alarm system required to be in certain vehicles.

Title 13 Amend: 1294 Filed 04/22/2022 Effective 07/01/2022 Agency Contact: Kasonja Pochop (916) 843–3400 Occupational Safety and Health Standards Board File # 2022–0317–04 Applications for Permanent Variances In this regular rulemaking action, the Occupational Safety and Health Standards Board amends the re - quirements for permanent variance applications to re - duce the number of copies of applications and support- ing documents that must be submitted.

Title 08 Amend: 411 Filed 04/25/2022 Effective 07/01/2022 Agency Contact: Christina Shupe (916) 274–5721 State Water Resources Control Board File # 2022–0311–03 Toxicity Provisions This action adopts the State Policy for Water Quality Control: Toxicity Provisions as a state policy for wa - ter quality control for all inland surface waters, en - closed bays, estuaries, and coastal lagoons of the state, and for inclusion in the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of the United States.

Title 23 Adopt: 2927, 3014 Filed 04/25/2022 Effective 04/25/2022 Agency Contact: Zane Poulson (916) 341–5254 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov.