Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 34-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 26, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–0816–03 ......................................... 965 AMENDMENT MULTI–COUNTY: ABAG Publicly Owned Energy Resources Association of Bay Area Governments Laguna Irrigation District Transbay Joint Powers Agency Trona Joint Unified School District Marin County Office of Education Metropolitan Transportation Commission STATE AGENCY: Department of Transportation California Department of Human Resources (CalHR) ADOPTION MULTI–COUNTY: Madera–Chowchilla Water and Power Authority TITLE 2.

SECRETARY OF STATE Conditional Voter Registration — Notice File Number Z2022–0816–05 ..................................... 966 TITLE 14. OFFICE OF ENERGY INFRASTRUCTURE SAFETY Written Hearing Process — Notice File Number Z2022–0816–01 .......................................... 968 TITLE 20. ENERGY COMMISSION Conflict–of–Interest Code — Notice File Number Z2022–0812–01 ......................................... 973 TITLE 23.

DELTA STEW ARDSHIP COUNCIL Prioritization of State Investments in Delta Levees and Risk Reduction, Incorporating Delta Levees Investment Strategy (DLIS) — Notice File Number Z2022–0816–07 .................................. 974 (Continued on next page)

TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Amendment to

Section 25705, Specific Regulatory Levels Posing No Significant Risk: Antimony Trioxide — Notice File Number Z2022–0816–02 ............................................... 982 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2022–095–001–R1, South Fork Trinity River Spring Run Chinook Salmon Restoration Project Phase 2, Trinity County ................................... 986 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for the Sierra Pacific Land & Timber Company Forestland Management Program Habitat Conservation Plan, 2080–2022–013–00 ........................... 988 PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT See Above Under Proposed Actions on Regulations, Title 27 ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS OFFICE OF ADMINISTRA TIVE LAW Concerning California Department of Corrections and Rehabilitation Memorandum — Senate Bill 132 ........... 989

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 989 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFOR NIA R EGULATORY NOTICE R EGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $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 2022, VOLUME NUMBER 34-Z 965 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit- ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: ABAG Publicly Owned Energy Resources Association of Bay Area Governments Laguna Irrigation District Transbay Joint Powers Agency Trona Joint Unified School District Marin County Office of Education Metropolitan Transportation Commission STATE AGENCY: Department of Transportation California Department of Human Resources (CalHR) ADOPTION MULTI–COUNTY : Madera–Chowchilla Water and Power Authority A written comment period has been established commencing on August 26, 2022 and closing on Oc - tober 10, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, Califor nia 95811. At the end of the 45–day comment period, the pro- posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

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

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

Any written comments must be received no later than October 10, 2022. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission. REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 966 and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. A VAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency.

Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2. SECRETARY OF STATE CONDITIONAL VOTER REGISTRATION NOTICE NOTICE IS HEREBY GIVEN that the Secretary of State (SOS) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments in writing relevant to the action proposed.

Written comments, including those sent by mail, facsimile, or e–mail to the address listed under Contact Persons in this Notice, must be received by the SOS at its office not later than Tues- day, October 11, 2022. A public hearing is not scheduled. A public 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 contact persons listed be- low no later than 5:00 p.m., on Monday, September 26, 2022.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the SOS, upon its own motion or at the instance of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the ex- ception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact persons and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notifi- cation of any changes to the proposal. Public Comment Period: August 26, 2022, through October 11, 2022. AUTHORITY AND REFERENCE Authority cited:

Section 12172.5, Government Code; and Sections 10 and 2170, Elections Code. Reference cited: Sections 300, 303.3, 305.5, 2150, 2151, 2152, 2156, 2157, 2170, 2171, 2712, 2173, 2196, 2500, 3016.7, 3018, 3102, 4005, 4007, 14279, 14310, 14311, 15375, and 19281, Elections Code. INFORMATIVE DIGEST A. Informative Digest These proposed regulations are intended to make permanent the emergency regulations that were ap- proved by the Office of Administrative Law on April 25, 2022.

The purpose of the permanent regulations are to ensure that future elections are held in a uni- form manner by California’ s 58 county elections offi- cials, and that elections are held in a safe and accessi- ble manner. On March 31, 2022, Senate Bill 504 (SB 504, Chap- ter 14 of the Statutes of 2022) became law. Amongst other things, SB 504 authorizes the Secretary of State to adopt emergency regulations to implement SB 504.

The Legislature further found and declared that that the emergency regulations are necessary for the im- mediate preservation of the public peace, health, safe- ty, or general welfare because the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner.

The proposed regulations provide a structure for county elections officials to allow qualified military and overseas voters and voters with disabilities to complete a conditional voter registration and cast a provisional ballot or nonprovisional ballot under the new provisions of California Elections Code

section 2170 (Amended by SB 504). The purpose of these regulations is as follows: 1. Provide updated

definitions for the conditional voter registration and remote accessible vote–by– mail ballot processes. 2. Establish procedures for a conditional registrant to utilize the remote accessible vote–by–mail bal- lot process. 3. Update procedures for receipt and processing of ballots cast utilizing the conditional voter regis- tration and/or remote accessible vote–by–mail system processes. These proposed regulations are necessary to ensure that voters, interested persons, and members of the public are fully aware of the process of a CVR vot- er using a remote accessible vote by mail system to

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 967 register and cast a ballot. Further the regulations will ensure that elections officials have sufficient time to ensure that elections are held in a safe and accessible manner. B. Consistency/Compatibility with Existing State Regulations After conducting an evaluation of regulations in this area, the SOS has determined that these are the only regulations related to conditional voter regis - tration. Therefore, the proposed regulations are nei- ther inconsistent nor incompatible with existing state regulations. C.

Documents Incorporated by Reference: None. D. Documents Relied Upon in Preparing the Regulations: Senate Bill 504 (Chapter 14 of the Statutes of 2022) https://leginfo.legislature.ca.gov/faces/billText Client.xhtml?bill_id=202120220SB504 DISCLOSURES REGARDING THE PROPOSED REGULATIONS The SOS has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Mandate on Local Agencies and School Districts: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Business Impact: The SOS has made an initial de- termination that the proposed regulatory action will have no significant statewide adverse economic im- pact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The Secretary of State is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable com - pliance with the proposed action. Significant Effect on Housing Costs: None. Effect on Small Business: These regulations will have no effect on small businesses. These regulations pertain to conditional voter registration only.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The SOS has determined that the proposed regula- tions are (1) unlikely to create or eliminate any jobs in California, (2) unlikely to create or eliminate any California businesses, and (3) unlikely to result in the expansion of businesses currently doing business within California. These regulations pertain to condi- tional voter registration only. These regulations do not significantly change existing business practices such that jobs or businesses would be created or eliminated.

Benefits of the Proposed Regulations: The benefits of the regulation to the health and welfare of Califor- nia residents lies in the fact that these regulations will provide greater confidence in the conduct of Califor- nia’s election activities by providing uniform guidance for voters who utilize the conditional voter registration process. These regulations will ultimately benefit Cal- ifornia residents as rules conditional voter registration will be clear and uniformly applied throughout Cali- fornia’s 58 counties. The regulations do not provide any benefits for worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the SOS must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effec- tive and less burdensome to affected private persons or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law. The SOS has determined that there are no reason- able alternatives to these regulations.

There are exist- ing regulations relating to conditional voter registra - tion, and these proposed regulations make changes to those regulations based upon a statutory mandate. Any interested person may present statements or ar- guments relevant to the above determinations. INITIAL STATEMENT OF REASONS, THE TEXT OF PROPOSAL AND THE RULEMAKING FILE The SOS has prepared an Initial Statement of the reasons for the proposed action and has available all the information upon which the proposal is based. The Initial Statement of Reasons is available on the SOS’s website.

Copies of the express language of the proposed reg- ulations, any document incorporated by reference, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained throughout the rulemaking process upon request from the SOS contact or on the website listed below.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 968 A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE A Final Statement of Reasons will be created after the closing of the public comment period. A copy of the final statement of reasons can be obtained once it has been prepared from the contact persons named be- low or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Rachelle Delucchi Secretary of State 1500 11th Street, 5th Floor Sacramento, CA 95814 (916) 657–2166 rdelucch@sos.ca.gov The backup contact person is: Raj Bathla Secretary of State 1500 11th Street, Room 495 Sacramento, CA 95814 (916) 657–2166 rbathla@sos.ca.gov Website Access: Materials regarding this proposal can be found at: https://www.sos.ca.gov/administration/regulations/ proposed–regulations/ TITLE 14. OFFICE OF ENERGY INFRASTRUCTURE SAFETY DIVISION 17. OFFICE OF ENERGY INFRASTRUCTURE SAFETY

CHAPTER 1,

ARTICLE 2

SECTION 29104 WRITTEN HEARING PROCESS The Office of Energy Infrastructure Safety proposes to adopt (make emergency regulation permanent with amendment) the regulation described below (Pro- posed Regulation) after considering all comments, objections, and recommendations regarding the pro- posed action. PUBLIC HEARING Energy Safety has not scheduled a public hearing on this proposed action. However, Energy Safety will hold a public hearing to accept comments if a written request is received from any interested person, or his or her authorized representative, no later than 15 days before the close of the 45–day written comment peri- od, pursuant to Government Code (Gov. Code)

section 11346.8. Submit requests to the contact person indi- cated below.

WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Comments may be submitted in the 2022 Rulemaking Docket at: https://efiling.energysafety.ca.gov/ EFiling/DocketInformation. aspx?docketnumber=2022–RM E–Filing questions may be submitted to Energy Safety at: efiling@energysafety.ca.gov Comments can be mailed to: Office of Energy Infrastructure Safety 715 P Street, 20th Floor Sacramento, California 95814 Comments can be emailed to: info@energysafety.ca.gov The written comment period will close on October 10, 2022.

Energy Safety will consider only comments received on or before that date. when commenting, please indicate the proposed rulemaking action to which your comment refers. AUTHORITY AND REFERENCE The Proposed Regulation is being adopted under the following authorities: ● Government Code

section 15473(c)(2)(

E) autho- rizes Energy Safety to adopt, amend, and real regulation as necessary to carry out the powers, duties, and responsibilities of the office, consis- tent with Government Code

section 15475. The adoption, amendment, or repeal of regulations shall be deemed to be an emergency and neces- sary for the immediate preservation of the public peace, health and safety, or general welfare. ● Government Code

section 15475 authorizes Energy Safety to adopt, amend, and real regula - tion as necessary to carry out the powers, duties, and responsibilities of the office and the adop- tion, amendment, or repeal of regulations shall be deemed to be an emergency and necessary for

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 969 the immediate preservation of the public peace, health and safety, or general welfare. ● Government Code

section 15475.4 authorizes and requires Energy Safety to adopt regulations that set forth the policies and procedures for admin- istering the duties of Government Code

section 15475.4. Government Code

section 15475.4 pro- vides that Energy Safety may issue notice of de- fect or violation to any regulated entity, and that a regulated so served may request a hearing to take public comment or present additional infor- mation within 30 days of service of the notice. The proposed regulations implement, interpret, clarify, and make specific Government Code

section 15475.4. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW In enacting the Energy Infrastructure Safety Act (Government Code sections 15470–15476), the Legis- lature acknowledged the critical nature of energy and communication infrastructure as the “driving the en- gine of the state’s prosperity, in the hardships placed on the state’s residents in the absence of the services the infrastructure provides, and in the devastation that can occur when the operators of the infrastructure lose operational control of the infrastructure.” (Gov.

Code § 15470.) To ensure that the operations of energy and communication infrastructure within the state are managed adequately, the Legislature created Energy Safety. Energy Safety is the successor to, and is vested with, all of the duties, powers, and responsibilities of the Wildfire Safety Division established pursuant to Public Utilities Code

section 326, including, but not limited to, the power to compel information and con- duct investigations. Energy Safety’s mission is to ad- vance long–term utility wildfire safety by developing data–driven, comprehensive utility wildfire mitiga- tion evaluation and compliance criteria, collaborating with local, state and federal agencies, and supporting efforts to improve utility wildfire safety culture and innovation.

Energy Safety will ensure electrical utilities are tak- ing effective actions to reduce utility–related wildfire risk by deploying measures to ensure an integrated, utility–related wildfire mitigation approach and to seek innovative problem solving to address utility wildfire risks. Those measures include, but are not limited to, notices of defect or violation in the event of any defect or noncompliance with the approved wild- fire mitigation plan or failure to comply with any laws, regulations, or guidelines within the authority of the office.

The adoption of the Proposed Regulation furthers Energy Safety’s mission of reducing wildfire risk by establishing a process under which the regulated en- tities can present additional information to the office regarding their notice of defect or violation as well as facilitating public engagement in the review of the notice.

SUMMARY OF EXISTING LAWS Government Code

section 15470 et seq. sets forth the legislative findings regarding the importance of energy infrastructure and the need for Energy Safety to support the state’s efforts to ensure the operations of energy infrastructure will be managed adequately as well as the authorities of Energy Safety to carry out those objectives. Proposed

section 29104 is consistent with and in furtherance of those goals. Proposed Regulation,

section 29104, is consistent with existing state regulation. EFFECT OF THE PROPOSED ACTION The adoption of the Proposed Regulation furthers Energy Safety’s mission of reducing wildfire risk by establishing a process under which the regulated en- tities can present additional information to the office regarding their notice of defect or violation as well as facilitating public engagement in the review of the notice.

OBJECTIVE AND ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The overall objective of the Proposed Regulation is to set forth the process under which the regulated entities can present additional information to the of- fice regarding their notice of defect or violation as well as facilitating public engagement in the review of the notice. For Energy Safety to continue to perform its vital work in wildfire mitigation as a new office, Energy Safety needs to make permanent regulation that estab- lish processes that will form the structure of its opera- tions in meeting its statutory mandates.

The Proposed Regulation will continue to provide a framework for Energy Safety to interact with regulated entities so they can present additional information to Energy Safety regarding their notice of defect or violation as well as facilitating public engagement in the review of the notice. This process will allow Energy Safety to better understand the issue at hand and to ensure regulated entities take effective actions to reduce utility–related wildfire risk by deploying measures to ensure an integrated, utility–related wildfire mitiga-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 970 tion approach and to seek innovative problem solving to address utility wildfire risks. Energy Safety’s mission is to advance long–term utility wildfire safety by developing data–driven, comprehensive utility wildfire mitigation evaluation and compliance criteria, collaborating with local, state and federal agencies, and supporting efforts to improve utility wildfire safety culture and innovation.

The Proposed Regulation will further Energy Safety’s mission by providing for better enforcement efforts and thus ensuring electrical utilities are taking effec- tive actions to mitigate wildfire risks. EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS Energy Safety has determined that this proposed regulation is not inconsistent or incompatible with ex- isting regulations.

After conducting a review for any regulations that would relate to or affect this area, Energy Safety has concluded that these are the only regulations that sets forth the hearing process for notices of defect or vio- lation pursuant to Government Code

section 15475.4 in California. COMPARABLE FEDERAL REGULATIONS OR STATUTES Energy Safety has determined that there are no comparable federal regulations or statutes. OTHER MATTERS PRESCRIBED BY STATUTE APPLICABLE TO THE AGENCY OR ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS Related matters prescribed by statute applicable to Energy Safety are set forth as follows. ● Government Code

section 15473(c)(2)(

E) autho- rizes Energy Safety to adopt, amend, and repeal regulations as necessary to carry out the powers, duties, and responsibilities of the office, consis- tent with Government Code

section 15475. The adoption, amendment, or repeal of regulations shall be deemed to be an emergency and neces- sary for the immediate preservation of the public peace, health and safety, or general welfare. ● Government Code

section 15475 authorizes Energy Safety to adopt, amend, and repeal regu - lations as necessary to carry out the powers, du- t ies, a nd respon sibilit ies of t he office a nd t he a dop- tion, amendment, or repeal of regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. ● Government Code

section 15475.4 authorizes and requires Energy Safety to adopt regulations that set forth the policies and procedures for admin- istering the duties of Government Code

section 15475.4. Government Code

section 15475.4 pro- vides that Energy Safety may issue notice of de- fect or violation to any regulated entity, and that a regulated so served may request a hearing to take public comment or present additional infor- mation within 30 days of service of the notice. DOCUMENTS INCORPORATED BY REFERENCE Proposed Regulation

section 29104, Written Hear- ing Process, incorporates the following document: 1. Energy Safety E–Filing System User Guide (April 2022). DISCLOSURES REGARDING THE PROPOSED ACTION Energy Safety has made the following initial determinations: 1. Mandate on local agencies or school districts: Energy Safety has determined the adoption of the Proposed Regulation will not impose a local mandate. 2. Cost or savings to any state agency: Energy Safety will absorb additional costs associat - ed with reviewing notifications provided pursu- ant to

section 29104 with its staff. Energy Safety estimates that the total fiscal costs to state gov- ernment for the hearing process will be up to $288,000 per year. Energy Safety has determined there will not be any additional costs to any state agency as associated with

section 29104. 3. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: Energy Safety has determined that the adoption of the Proposed Regulation will not result in costs or savings for any local agency or school district required to be reimbursed pursuant to

Part 7 of Division 4, commencing with

section 17500 of the Government Code, or other nondiscretionary costs or savings imposed on local agencies. 4. Other nondiscretionary costs or savings im - posed on local agencies: Energy Safety has determined that the adoption of the Proposed Regulation will not result in costs or savings for any local agency or school district required to be

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 971 reimbursed pursuant to

Part 7 of Division 4, com- mencing w ith se ction 1 7500 o f t he G overnment Code, o r o ther n ondiscretionary c osts o r s avings imposed on local agencies. 5. C ost or savings in federal funding to the state: Energy S afety h as d etermined t hat a doption o f the P roposed R egulation w ill n ot r esult i n c ost or s avings i n f ederal f unding t o t he s tate. E nergy Safety d etermined t hat n o fi scal i mpact t o f ederal funding or state programs exists. 6.

C ost impacts on a representative private per - son or business: Energy Safety estimates the ini- tial a nnual c ost f or e ach o f t he e ight ( 8) a ffect- ed r egulated e ntities f or p roviding n otifications to E nergy S afety w ould b e $ 42,120 f or t he i ni- tial y ear a nd f or e ach y ear a fter. T he t otal c ost to a ll e ight ( 8) a ffected r egulated e ntities w ill b e $336,960 per year. 7.

Significant, s tatewide a dverse e conomic i m- pact d irectly a ffecting b usinesses, i ncluding the ability of California businesses to com - pete with businesses in other states: A lthough the Proposed Regulation will directly affect eight regulated e ntities i n C alifornia, E nergy S afety h as made a n i nitial d etermination t hat t he a doption o f this r egulation w ill n ot e xert a s ignificant, s tate- wide a dverse e conomic i mpact d irectly a ffecting business, i ncluding t he ab ility o f C alifornia b usi- ness to compete with businesses in other states.

In m aking t his d etermination, E nergy S afety r e- lied on: 1. C alifornia State Civil Service Pay Scales — O nline M anual ( 54th E dition), a vail- able at: https://www.calhr.ca.gov/state–hr– professionals/pages/pay–scales.aspx. 2. G overnor Newsom Announces Appointments 6 .30.21 ( Caroline T homas Jacobs), available at: https://www.gov.ca.gov/ 2021/06/30/governor–newsom–announces– appointments–6–30–21/. 3. Agreement N umber O EIS–21–110853 ( Office of Administrative Hearing Agreement). 8.

Effect o f H ousing C osts: E nergy S afety h as d e- termined t hat t he P roposed R egulation w ill h ave no significant effect on housing costs. 9. Effect o n S mall B usinesses: E nergy S afety h as determined t hat n o s mall b usinesses w ill b e a f- fected b y t he a doption o f t he P roposed R egulation. The P roposed R egulation w ill a ffect e ight ( 8) r eg- ulated entities, and they are not small businesses. Energy S afety a ssessed t he p otential f or t his p ro- posed regulation to cause adverse impacts to California businesses and individuals.

Following a review of cost estimation provided by regulated entities and an economic analysis performed by its consultant, Energy Safety determined the P roposed R egulation is n ot a m ajor r egu- lation1 a nd is u nlikely t o h ave a s ignificant a d- verse i mpact o n b usiness. T his E conomic I mpact Assessment is a lso b ased o n t he c onclusion t here are o nly e ight ( 8) r egulated e ntities t hat m eet t he definition o f “ electrical c orporation” a nd a re c ur- rently under Energy Safety’s authority.2 10.

B usiness Reporting Requirement: Energy Safety fi nds t hat i t is n ecessary f or t he h ealth, safety, o r w elfare o f t he p eople o f t his s tate t hat proposed se ction 2 9104, w hich set s f orth a h ear- ing process for notices of defect and violation, ap- ply to regulated entities. The r eporting r equirement is n ecessary t o p ro- mote b etter w ildfire s afety.

F or E nergy S afety to c ontinue t o p erform i ts v ital w ork i n w ildfire mitigation a s a n ew o ffice, E nergy S afety n eeds to m ake p ermanent r egulations t hat e stablish processes t hat w ill f orm t he s tructure o f i ts o p- erations i n m eeting i ts s tatutory m andates. T he Proposed Regulation will continue to provide a framework f or E nergy S afety t o i nteract w ith r eg- ulated e ntities s o t hey ca n p resent a dditional i n- formation t o E nergy S afety r egarding t heir n otice of defect or violation as well as facilitating pub - lic e ngagement i n t he r eview o f t he n otice.

T his process will allow Energy Safety to better under- stand t he is sue a t h and a nd t o e nsure r egulated entities t ake e ffective a ctions t o r educe u tility– related w ildfire r isk b y d eploying m easures t o e n- sure a n i ntegrated, u tility–related w ildfire m iti- gation a pproach a nd t o se ek i nnovative p roblem solving to address utility wildfire risks.

Energy S afety’s m ission is t o a dvance l ong–term utility wildfire safety by developing data–driven, comprehensive u tility w ildfire m itigation e valua- tion a nd c ompliance c riteria, c ollaborating w ith local, state and federal agencies, and supporting 1 Major regulation: Government Code

section 11342.548 defines a “ major r egulation” a s a ny p roposed a doption o f a r egulation that will have an economic impact on California businesses in an amount e xceeding $ 50 m illion d ollars a s e stimated b y t he a dopt- ing agency. 2 There are eight entities who are regulated by Energy Safety:

(1) Pacific Gas and Electric Company (PG&E),

(2) Southern Califor- nia E dison C ompany, ( 3) S an D iego G as & E lectric C ompany, ( 4) Liberty U tilities, ( 5) P acifiCorp, ( 6) B ear V alley E lectric S ervice, Inc. ( Bear V alley), ( 7) H orizon W est, a nd ( 8) T rans B ay C able LLC. ( See P ublic U tilities ( Pub. U til.) C ode § 8 385(b) [ Energy Safety s hall s upervise a n e lectrical c orporation’s c ompliance w ith the r equirements o f C hapter 6 , D ivision 4 .1 o f t he P ublic U tili- ties C ode]; P ub. U til.

C ode § 2 18 [ Electrical c orporation i ncludes every corporation or person owning, controlling, operating, or managing a ny e lectrical p lant f or c ompensation w ithin C alifor- nia, except where electricity is generated on or distributed by the producer t hrough p rivate p roperty s olely f or i ts o wn u se o r t he u se of its tenants and not for sale or transmission to others].)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 972 efforts to improve utility wildfire safety culture and innovation. The Proposed Regulation will further Energy Safety’s mission by providing for better enforcement efforts and thus ensuring elec- trical utilities are taking effective actions to miti- gate wildfire risks. 11.

Benefits to health and welfare, worker safety, and the environment: The goal of the Proposed Regulation is to ensure better wildfire safety with respect to regulated en- tities by ensuring better compliance with applica- ble law, regulations, and guidelines under Energy Safety’s authority.

By providing better and more effective directives to regulated entities, Energy Safety furthers it mission to advance long–term utility wildfire safety by developing data–driven, comprehensive utility wildfire mitigation evalua- tion and compliance criteria, collaborating with local, state and federal agencies, and supporting efforts to improve utility wildfire safety culture and innovation. This will reduce future chances of wildfires from regulated entities’ infrastruc - ture, and provide a safer and healthier environ- ment to California residents and wildfire.

Less wildfires will also benefit California workers, consumers, employers, and the environment with cleaner and safer air.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Energy Safety determined that it is: ● Unlikely that the Proposed Regulation will elim- inate existing or create new businesses providing electrical power within California. ● Unlikely that the Proposed Regulation will elim- inate jobs for regulated entities. ● Unlikely that the Proposed Regulation will create jobs for regulated entities to assist regulated enti- ties in providing notifications to Energy Safety. ● Unlikely that any business in California will be expanded because of any financial impact of the Proposed Rulemaking for

section 29104. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), Energy Safety must de - termine that no reasonable alternative considered by Energy Safety or that has otherwise been identified and brought to the attention of Energy Safety would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost–eff ective to af- fected private persons and equally effective in imple- menting the statutory policy or other provision of law.

Energy Safety invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed action may be di- rected to the following person(s): Joy Peng Office of Energy Infrastructure Safety 715 P Street, 20th Floor Sacramento, California 95814 joy.peng@energ ysafet y.ca.gov (279) 336–1768 Or, if unavailable, to: Jeff Brooks Office of Energy Infrastructure Safety 715 P Street, 20th Floor Sacramento, California 95814 jeff.brooks@energysafety.ca.gov (916) 926–1672 Please direct requests for copies of the proposed text (the “express terms”) of the regulation, the Initial Statement of Reasons, the modified text of the reg- ulation, if any, or other information upon which the rulemaking is based to Joy Peng using the contact in- formation above.

AVAILABILITY OF DOCUMENTS Availability of Statement of Reasons, Text of Proposed Regulation, and Rulemaking File Energy Safety will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulation, the Initial State- ment of Reasons, and the documents relied upon. Cop- ies may be obtained by contacting Joy Peng using the contact information above.

Availability of Changed or Modified Text After holding the hearing and considering all timely and relevant comments received, Energy Safety may adopt the proposed regulation substantially as de- scribed in this Notice. If Energy Safety makes modifi- cations 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 Energy Safety adopts the regula- tion as revised. Please send requests for copies of any

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 973 modified text to the attention of Joy Peng using the contact information above. Energy Safety will accept written comments on the modified text for 15 days af- ter the date on which it is made available. Availability of the Final Statement of Reasons Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Joy Peng using the contact information above.

Availability of Documents on the Internet Copies of this Notice, the proposed text of the reg- ulation, and the Initial Statement of Reasons can be accessed on https://energysafety.ca.gov/who–we–are/ legal–division/electrical–infrastructure–rulemaking/ . TITLE 20. ENERGY COMMISSION NOTICE OF INTENTION TO AMEND CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Energy Commission, pursuant to the authority vested in it by

section 87306 of the Government Code, pro- poses amendment to its conflict–of–interest code. A comment period has been established commencing on August 26, 2022, and closing on October 10, 2022. All inquiries should be directed to the contact listed below. The California Energy Commission proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

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

Changes to the conflict–of–interest code include the following: ● Broadening Disclosure Category 8 to require dis- closure of all real property interests that are used for primarily residential purposes. ● Removing all Energy Commission Supervisor II positions and replacing them with Energy Resources Specialist III (Supervisory) positions. ● Adding one new position in the Office of the Executive Director (Staff Services Manager I), one new position to the Media and Public Communications Office (Staff Services Manager II), two new positions in the Office of Compliance Assistance and Enforcement (Associate Governmental Program Analyst, Electrical Engineer), two new positions in the Office of Governmental and International Affairs (Staff Services Manager I (Supervisory) and Staff Services Manager I (Specialist)), two new posi - tions in the Energy Data and Analytics Office (Energy Commission Specialist III, Research Data Specialist I), one new position in the Office of the Chief Counsel (Staff Services Manager I), two new positions in the Office of Public Participation, Energy Equity and Tribal Affairs (Information Officer II, Energy Resources Specialist III (Supervisory)), one new position in the Administrative and Financial Services Division (Associate Governmental Program Analyst), three new positions in the Efficiency Division (Air Resources Engineer, Electric Generation System Specialist, Staff Services Manager I), two new positions in the Renewable Energy Division (Electric Generation System Program Specialist, Associate Governmental Program Analyst), five new positions in the Energy Research and Development Division (Utilities Engineer, Air Resources Engineer, Electric Transmission System Program Specialist, Air Pollution Specialist, Associate Governmental Program Analyst), and one new position in the Energy Assessments Division (Research Data Specialist).

These new positions involve partici- pating in making decisions that may foreseeably have a material effect on any financial interest. ● Updating position titles in the Informational Technology Services Branch to reflect their re- classification by CalHR. ● Requiring Assistant Deputy Directors to disclose under Disclosure Category 1. ● Updating the offices in each Division or Program based on current organizational charts. ● Updating disclosure categories for existing posi- tions based on the duty statement and work of the position. ● Eliminating positions that are no longer being used.

Information on the code amendment is available on the agency’s intranet site and attached to this email. Any interested person may submit written com - ments relating to the proposed amendments by sub- mitting them no later than October 10, 2022, or at the conclusion of the public hearing, if requested, which- ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than September 26, 2022. Written comments and any request for a hearing should be submitted to the con- tact listed below. The California Energy Commission has determined that the proposed amendments: 1.

Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 974 3. Impose no costs on any local agency or school district that are required to be reimbursed un- der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses.

All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Josephine Crosby, Attorney, (916) 907– 4278, Josephine.Crosby@energy.ca.gov. written comments relevant to the proposed regu- latory action. ● Submit written comments to: Erin Mullin Delta Stewardship Council 715 P Street, Suite 15–300 Sacramento, CA 95814 (916) 902–6482 ● Electronic Submittal of Comments . Any interest- ed person, or her or his authorized representa- tive, may submit comments by electronic submit- tal at or before 11:59 p.m. on Thursday, October 13, 2022.

The Council will consider only com - ments received by the Council by that time. Electronic submittals of comments are preferred, and must be submitted to the following address to be considered: amend.rrp1@deltacouncil.ca.gov ● Public Hearing. The Council will conduct a pub- lic hearing at the time and location set forth below to consider public input, comments, objections, and recommendations to this proposed action. Interested members of the public may present statements, arguments, and comments, verbally or in writing, with respect to the proposed action at the hearing prior to the closing of the hearing.

This hearing will be held in accordance with the requirements set forth in Government Code sec- tion 11346.8. A remote virtual option to attend the meeting will also be provided. Date: October 27, 2022 Time: This item will be considered at a regularly scheduled public meeting of the Council, which is anticipated to commence at 9:00 a.m. This item may be heard at any time during the regularly scheduled meeting. The public hearing item will remain open as long as attendees are presenting testimony and will conclude after all testimony is given.

Please consult the agenda, which will be available at http://deltacouncil.ca.gov at least ten (10) days before October 27, 2022, to determine the time at which this item will be heard and to obtain information regarding the remote virtual participation option. Location: California Natural Resources Building, 2 nd Floor Room 221, 715 P Street, Sacramento, CA 95814 . The hearing room is wheelchair accessible. If you have any questions, please contact: Erin Mullin Delta Stewardship Council 715 P Street, Suite 15–300 TITLE 23. DELTA STEWARDSHIP COUNCIL AMEND

SECTION 5001.

DEFINITIONS AND

SECTION 5012. PRIORITIZATION OF STATE INVESTMENTS IN DELTA LEVEES AND RISK REDUCTION NOTICE IS HEREBY GIVEN that the Delta Stew- ardship Council (Council) proposes to amend Cal- ifornia Code of Regulations, Title 23,

Section 5012, Prioritization of State Investments in Delta Levees and Risk Reduction, to incorporate the Delta Levees Investment Strategy (DLIS). The Council also propos- es to amend California Code of Regulations, Title 23,

Section 5001 to add

definitions for terms used in Delta Plan Policy RR P1. The Council will conduct a public hearing at the time and place noted below to hear comments, objec- tions, and recommendations. At a separate meeting on a future date, the Council may consider approving for adoption the proposed amendments. OPPORTUNITY FOR PUBLIC COMMENT ● Written Comment Period. Interested members of the public may provide comments by mail or by electronic submittal. The public comment pe - riod for this regulatory action will begin on Friday, August 26, 2022, and close at 11:59 p.m. on Thursday, October 13, 2022.

The Council will consider only comments received by the Council by that time. Any interested person, or her or his authorized representative, may submit

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 975 Sacramento, CA 95814 (916) 902–6482 amend.rrp1@deltacouncil.ca.gov AUTHORITY AND REFERENCE Water C ode ( Wat. C ode) se ctions 8 5210(i), 8 5210(h), and 8 5306 p rovide t he C ouncil a uthority f or t he p ro- posed amendments to California Code of Regulations, Title 2 3, se ctions 5 001 ( “Section 5 001”) a nd 5 012 (“Section 5 012”). W ater C ode se ction 8 5210(

i) a utho- rizes the Council to adopt regulations or guidelines as needed t o ca rry o ut i ts p owers a nd d uties; W ater C ode

section 8 5210(

h) g rants t he C ouncil t he a uthority “ to request reports from state, federal, and local govern - mental ag encies o n is sues r elated t o t he i mplementa- tion o f t he D elta P lan”; a nd W ater C ode se ction 8 5306 authorizes t he C ouncil, i n c onsultation w ith t he C en- tral Valley Flood Protection Board (CVFPB), to rec - ommend priorities for state investments in levee op - eration, m aintenance, a nd i mprovements i n t he D elta.

This a ction is p roposed t o i mplement, i nterpret, a nd make s pecific o ne o r m ore o f t he f ollowing: se ctions 85020, 85022, 85054, 85057.5, 85225, 85300, 85305, 85306, 85307, and 85309 of the Water Code. INFORMATIVE DIGEST Plain English Requirements The C ouncil p repared t he p roposed r egulations pursuant t o t he s tandard o f c larity p rovided i n G ov- ernment C ode S ection 1 1349 a nd t he p lain E nglish requirements set f orth i n G overnment C ode S ections 11342.580 a nd 1 1346.2(a)(1).

T he C ouncil c onsiders the p roposed r egulations n on–technical a nd d rafted to b e e asily u nderstood b y t hose pa rties t hat w ill u se them.

Summary of Existing Laws and Regulations Related Directly to the Proposed Rulemaking This p roposed r ulemaking a ction i mplements, i n- terprets, a nd m akes s pecific c ertain p rovisions o f t he Sacramento–San Joaquin Delta Reform Act of 2009 (Delta R eform A ct) ( Wat. C ode, § 8 5000 et seq.).

T he Delta R eform A ct r equires t he C ouncil t o a dopt a nd implement a legally enforceable long–term manage - ment p lan f or t he S acramento–San J oaquin D elta (Delta) t o f urther t he “ coequal g oals” f or t he D elta o f “providing a m ore r eliable w ater s upply f or C alifor- nia a nd p rotecting, r estoring, a nd e nhancing t he D elta ecosystem” t o “ be a chieved i n a m anner t hat p rotects and e nhances t he u nique c ultural, r ecreational, n atu- ral r esource, a nd ag ricultural v alues o f t he D elta a s a n evolving p lace.” ( Wat. C ode, § § 8 5001(

c) a nd 8 5300(a); the c oequal g oals a re set f orth i n W at. C ode, § 8 5054.) The D elta P lan a lso f urthers t he S tate o f C alifor- nia ( State) p olicies s pecified i n W ater C ode se ctions 85020 t hrough 8 5023 o f t he D elta R eform A ct, w hich include: p roviding f or t he s ustainable m anagement o f the D elta e cosystem, a m ore r eliable w ater s upply f or California, a nd p rotecting a nd e nhancing t he q uality of w ater s upply f rom t he D elta, a s w ell a s r educing risks t o p eople, p roperty, a nd S tate i nterests t hrough appropriate l and u se a nd fl ood p rotection.

S tate i n- terests i n t he D elta i nclude t he e conomic a nd s ocial well–being of Californians, environmental protection, use and conservation of resources, public access and recreation, h abitat r estoration a nd e nhancement, w ater quality, and flood protection.1 Pursuant t o t he D elta R eform A ct, i n 2 013 t he Council a dopted t he D elta P lan a s a c omprehensive, long–term m anagement p lan f or t he D elta.

T he D elta Plan provides guidance and recommendations to state and l ocal ag encies o n a ctions t hey m ay t ake t o f ur- ther t he c oequal g oals f or t he D elta a nd i mplement t he subgoals a nd s trategies f or t he D elta set f orth i n t he Delta R eform A ct. ( Wat. C ode, § § 8 5059 a nd 8 5300.) The D elta P lan a lso i ncludes r egulatory p olicies w ith which S tate a nd l ocal p ublic ag encies a re r equired t o comply. ( Wat.

C ode, § 8 5210(i).) T he D elta R eform Act g rants t he C ouncil r egulatory a nd a ppellate a u- thority o ver c ertain a ctions t hat t ake p lace i n w hole or i n pa rt i n t he D elta a nd S uisun M arsh, w hich a re referred t o a s “ covered a ctions”; S tate a nd l ocal ag en- cies a re r equired t o d emonstrate c onsistency w ith a p- plicable r egulatory p olicies ( which a re i ncorporated into t he D elta P lan) w hen ca rrying o ut, a pproving, o r funding a c overed a ction. ( Wat. C ode, § § 8 5022(

a) a nd 85057.5.) The D elta R eform A ct r equires t he D elta P lan t o a t- tempt t o r educe r isks t o p eople, p roperty, a nd S tate interests in the Delta by promoting effective emergen- cy preparedness, appropriate land uses, and strategic levee investments (Wat. Code, § 85305(a)); and to rec- ommend priorities for State investment in levee op - eration, m aintenance, a nd i mprovements i n t he D elta, including b oth p roject l evees ( which a re a pa rt o f t he State P lan o f F lood C ontrol), a nd n onproject l evees (which a re n ot a pa rt o f t he S tate P lan o f F lood C on- trol) (Wat.

Code, § 85306). To guide discretionary State investments in Delta flood r isk m anagement p rior t o t he c ompletion a nd adoption o f t he up dated p riorities d eveloped p ursuant to W ater C ode se ction 8 5306 ( which a re i ncluded i n this a mendment), t he C ouncil a dopted P olicy R R P 1, Prioritization of State Investments in Delta Levees and Risk Reduction, i ncluded i n t he 2 013 D elta P lan and c odified i n C alifornia C ode o f R egulations, T itle 1 D elta S tewardship C ouncil ( Council). 2 013.

T he D elta P lan: Ensuring a r eliable w ater s upply f or C alifornia, a h ealthy D elta ecosystem, and a place of enduring value. May 2013.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 976 23, S ection 5 012 ( hereafter S ection 5 012), w hich set forth i nterim p riorities f or S tate i nvestments i n l evee operation, maintenance, and improvements. The existing

Section 5001 defines words and phras- es u sed i n t he D elta P lan p olicies a nd a ssociated r eg- ulations a nd t he D elta R eform A ct. T hese d efinitions are n ecessary t o c larify t he m eaning o f t erms u sed i n

Section 5012. The e xisting S ection 5 012 o utlines a p rocess t o p ri- oritize State investments in levee operation, mainte - nance, a nd i mprovements i n t he D elta a nd set s f orth “interim” p riorities f or S tate i nvestment i n D elta fl ood risk m anagement t o b e f ollowed w hile l onger–term guidelines w ere b eing d eveloped p ursuant t o W ater Code

section 85306.2

Summary o f t he E ffect o f t he P roposed A mendment The C ouncil p roposes t o a mend S ection 5 012 t o carry o ut t he l egislative r equirement t hat t he C ouncil adopt a legally enforceable long–term management plan f or t he D elta a nd t o ca rry o ut t he l egislative i ntent of a chieving t he c oequal g oals3 a n d o b j e c t i v e s s p e c- ified i n W ater C ode se ctions 8 5054, 8 5020 t hrough 85023, a nd 8 5306.

S pecifically, f or W ater C ode se c- tion 8 5306, t he L egislative r equirement d irects t he Council, i n c onsultation w ith t he C entral V alley F lood Protection Board, to recommend priorities for State investments in levee operation, maintenance, and im - provements i n t he D elta.

T he D elta R eform A ct s tates that, i nherent i n t he c oequal g oals f or m anagement o f the D elta, t he p olicy o f t he S tate is t o a chieve t he o b- jective o f r educing r isks t o p eople, p roperty, a nd S tate interests i n t he D elta t hrough e ffective e mergency p re- paredness, appropriate land uses, and investments in flood protection (Wat. Code, § 85305).

The p roposed a mendment t o S ection 5 012 is n ec- essary t o e nsure t hat s tate–funded i mprovements t o Delta levees are based on updated priorities to reduce the likelihood and consequences of levee failures, and to p rotect p eople, p roperty, a nd S tate i nterests, w hile advancing the coequal goals. In addition,

Section 5001 must be amended to in - clude n ew t erms a ssociated w ith t he p roposed a mend- ment t o S ection 5 012 i n o rder t o a ssist w ith i nterpre- tation o f S ection 5 012 a nd p rovide c larity t o t he p ro- posed regulations. Policy Statement Overview The D elta is t he l argest e stuary o n t he w est c oast o f the A mericas a nd is t he h ub o f t he S tate’s m ajor w ater supply s ystems. T he D elta is h ome t o ab out 5 00,000 2 T hese l onger–term g uidelines a re p rovided i n t he p roposed amendment to

Section 5012. 3 I n a ddition, t he C ouncil a dopted R esolution 2 018–1 i n A pril 2018, w hich d etermined t hat i mplementation o f t he p roposed amendment is necessary to achieve the coequal goals as enumer- ated in the Delta Reform Act and to be consistent with the amend- ed Delta Plan. people a nd c omprises a pproximately 1 ,300 s quare miles of low–lying, flood–prone lands bound by 1,100 miles o f l evees.

B efore t he D elta w as m odified b y l e- vees a nd o ther h uman s tructures, t he n atural fl ows o f the S an J oaquin R iver a nd S acramento R iver o ver- flowed t he D elta’s l ow–lying is lands a nd fl oodplains for l ong p eriods e ach s pring. T oday, fl ooding o f t he Delta’s c omplex l abyrinth o f is lands a nd w aterways is prevented by levees. The S uisun M arsh, l ocated i mmediately d own- stream f rom t he D elta a nd n orth o f G rizzly B ay, is the l argest c ontiguous b rackish w etland o n t he w est coast o f N orth A merica.

T he S uisun M arsh is a c riti- cal pa rt o f t he S an F rancisco B ay–Delta e stuary e co- system encompassing 116,000 acres, including 52,000 acres of managed wetlands, 30,000 acres of bays and sloughs, 2 7,700 a cres o f up lands, a nd 6 ,300 a cres o f tidal w etlands.

S uisun M arsh i ncludes ab out 2 30 m iles of l evees t hat r educe fl ood r isk a nd h elp m anage fl ows for w etlands; ab out 8 0 m iles o f t hese l evees p rotect Delta w ater q uality a nd t errestrial a nd a quatic h abitat of statewide importance.4 The D elta a nd S uisun M arsh l evees r educe fl ood risk t o p eople, p roperty, w ater s upply, t he D elta e co- system, and infrastructure of statewide importance.

However, l evee f ailure ( such a s a l evee b reach) ca n cause ca tastrophic fl ooding, a nd ca n p otentially ca use injury o r l oss o f l ife, d isrupt w ater s upplies, a nd p os- sibly damage property, infrastructure, and environ - mental r esources o f i mportance t o t he e ntire S tate.

Though l evee m aintenance a nd i mprovements o ver the pa st t hree d ecades h ave r educed t he f requency o f levee f ailures, t he S tate d oes n ot h ave a c omprehen- sive m ethod t o p rioritize i ts i nvestments i n o perations, maintenance, a nd i mprovement p rojects f or l evees i n the D elta a nd S uisun M arsh.

W ithout a p rioritization methodology, t he a pportionment o f p ublic r esources into l evees m ay n ot o ccur i n a m anner t hat r eflects a strategic, long–term approach.5 A k ey o bjective o f t he D elta R eform A ct is t o “ re- duce r isks t o p eople, p roperty, a nd S tate i nterests i n the [ Sacramento–San J oaquin] D elta b y p romoting effective e mergency p reparedness, a ppropriate l and use, a nd s trategic l evee i nvestments.” ( Water C ode, § 8 5305).

T his m ust b e ca rried o ut i n a m anner t hat advances the state’s coequal goals for the Delta of: “… providing a more reliable water supply for California and p rotecting, r estoring a nd e nhancing t he D elta ecosystem,” a chieved i n a m anner t hat p rotects a nd enhances t he “ unique c ultural, r ecreational, n atural 4 Council. 2017. Delta Levees Investment Strategy. Final Report. July 2017. page 1. 5 C ouncil. 2 013. T he D elta P lan: E nsuring a r eliable w ater s upply for C alifornia, a h ealthy D elta e cosystem, a nd a p lace o f e nduring value. May 2013. page 271.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 977 resource, and agricultural values of the Delta as an evolving place.” (Public Resources Code, § 85054.) The Delta Reform Act explicitly sets State policy for the Delta, including a specific policy in Water Code

section 85020 for achieving the following objectives inherent in the coequal goals for the management of the Delta: (

a) Manage the Delta’s water and environmental re- sources and the water resources of the state over the long term. (

b) Protect and enhance the unique cultural, recre- ational, and agricultural values of the California Delta as an evolving place. (

c) Restore the Delta ecosystem, including its fisher- ies and wildlife, as the heart of a healthy estuary and wetland ecosystem. (

d) Promote statewide water conservation, water use efficiency, and sustainable water use. (

e) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta. (

f) Improve the water conveyance system and ex- pand statewide water storage. (

g) Reduce risks to people, property, and state inter- ests in the Delta by effective emergency prepared- ness, appropriate land uses, and investments in flood protection. (

h) Establish a new governance structure with the authority, responsibility, accountability, scientif- ic support, and adequate and secure funding to achieve these objectives. Public funds currently available for flood manage- ment are not sufficient to significantly raise the level of flood protection throughout the Delta to the lev- els called for by local agencies and prior State plans. The State remains the primary source of funding for flood protection. Spreading inadequate funding thin- ly throughout the Delta cannot effectively address the serious flood risks to State interests in the Delta.

Lack- ing a strategy to systematically guide strategic levee investments in the Delta toward islands and tracts that represent the greatest risks to people, property, and State interests, California is challenged to meet the risk reduction objectives of the Delta Reform Act in a manner that advances the coequal goals.

Objective (Goal) — The broad objectives of this proposed regulatory action are to achieve the require- ments of the Delta Reform Act by: ● Setting priorities for strategic Delta levee invest- ments that maximize protection of people, prop- erty, and State interests. ● Investing public resources in Delta levees with the greatest potential to protect people, proper- ty, and State interests, before investing public resources in Delta levees with lower potential to achieve these objectives; and ● Increasing public awareness of how levee expen- ditures maximize public safety and protect State interests in the Delta.

Benefits — The anticipated benefits, including any nonmonetary benefit to the protection of public health and safety of California residents, worker safety, and the State’s environment, from this proposed regulato- ry action are: ● Reduced risk of damage to property and infra- structure, including reduced cost to repair failed levees (19 Very–High Priority or High Priority is- lands and tracts with expected annual damages (EAD) greater than $900,000 per year (at least 80 percent of Delta–wide EAD). ● Reduced annual risk of fatalities from a levee failure (17 Very–High Priority or High Priority islands and tracts with an expected annual fatali- ty (EAF) greater than 0.02 lives per year (at least 90 percent of Delta–wide EAF). ● State water supply reliability benefits (23 Very– High Priority or High Priority water supply is- lands and tracts with a probability of flooding greater than 0.5 percent per year (1–in–200–year probability). ● “Delta as a Place” benefits from cultural, recre- ational, and natural resource, and agricultural qualities that distinguish the Delta; and ● Improved transparency and public awareness of State levee funding decisions, provided by annual reports from the California Department of Water Resources (DWR).

Substantial Differences from Existing, Comparable Federal Regulations or Statutes There are no federal regulations or statutes that ad- dress the specific subject addressed by the proposed regulations. Consistency with Existing State Laws and Regulations Pursuant to Government Code

section 11346.5(a)(3) (D), the Council evaluated the proposed amendment to determine whether it is inconsistent or incompati- ble with existing State regulations and concluded that the proposed amendments to Sections 5001 and 5012 are neither inconsistent nor incompatible with existing State regulations. Documents Incorporated by Reference A map showing the proposed Delta Levees Invest- ment Strategy (DLIS) priority designation for each is- land and tract in the Delta and Suisun Marsh, which are set forth in proposed Table 1 of proposed

Section 5012, is incorporated by reference into

Section 5012 as Appendix P [adopted August 2021] to the Delta

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 978 Plan. A ll o ther r egulatory p rovisions o f S ection 5 001 and S ection 5 012 a re w ithin t he b ody o f t he p roposed regulations. MANDATED BY FEDERAL LAW OR REGULATIONS The p roposed a mendments t o S ection 5 001 a nd

Section 5012 are not mandated by federal law or regulations. OTHER STATUTORY REQUIREMENTS None. LOCAL MANDATE DETERMINATION REGARDING THE PROPOSED REGULATIONS Pursuant t o G overnment C ode 1 1346.5(a)(5), t he Council h as m ade t he p reliminary d etermination t hat the p roposed a mendments t o S ections 5 001 a nd 5 012 do n ot i mpose a m andate o n l ocal ag encies o r s chool districts a nd t hat n o r eimbursement p ursuant t o P art 7 ( commencing w ith S ection 1 7500) o f D ivision 4 is required.

Pursuant t o G overnment C ode 1 1346.5(a)(6), t he Council h as m ade a p reliminary d etermination t hat the p roposed a mendments t o S ections 5 001 a nd S ec- tion 5012 could create costs or savings to any State agency. T he C ouncil h as d etermined t hat t he p roposed amendment would not create costs to or mandates to any l ocal ag ency o r s chool d istrict, w hether o r n ot reimbursable b y t he S tate p ursuant t o G overnment Code, t itle 2 , d ivision 4 , pa rt 7 ( commencing w ith se c- tion 1 7500), o r o ther n ondiscretionary c ost o r s avings to S tate o r l ocal ag encies.

T he C ouncil h as d etermined that t he p roposed a mendment w ould n ot c reate c osts or savings in federal funding to the State. FISCAL IMPACT DETERMINATION REGARDING THE PROPOSED REGULATIONS Cost or Savings to Local Agencies or Schools Requiring Reimbursement There a re n o n on–discretionary c osts o r s avings i m- posed up on l ocal ag encies o r s chools. T he p roposed regulations would not require local governments or schools t o d o a nything d ifferent o r n ew, a nd n othing would c hange w ith r espect t o a ny l ocal s ubvention programs.

T herefore, l ocal ag encies w ould n ot b e d i- rectly a ffected b y t he D LIS p rioritization a nd w ould not i ncur a ny a dditional fi scal c osts b eyond c urrent requirements. T his is b ecause t he p roposed a mend- ments do not place any additional requirements on local ag encies. I nstead, t he p roposed r egulations i m- pose a reporting requirement on DWR to ensure trans- parency. L ocal ag encies d o n ot h ave t o r eport t o t he Council o r j ustify t o t he C ouncil w hy t hey r eceived levee i mprovement f unding.

T he p roposed r egulations do n ot i mpose a m andate o n l ocal ag encies that w ould cause t hem t o i ncur a dditional c osts, n or d oes i t c reate potential for savings. Costs or Savings to Any State Agency Fiscal Impact on State Government The p roposed a mendment t o S ection 5 001, w hich adds d efinitions f or t erms u sed i n p roposed S ection 5012, would not cause any direct or indirect economic or fi scal i mpacts t o s tate ag encies. A ny fi scal i mpacts related t o t hese d efinitions w ould b e ca used b y p ro- posed a mendments t o S ection 5 012, w here t hese t erms are applied.

The C ouncil e stimates t hat t hat t he p roposed amendments w ill c reate fi scal c osts t o S tate ag encies of a pproximately $ 405,000 p er y ear. D WR w ould b e required to prepare and submit an annual report to the C ouncil d escribing D elta l evee i nvestments, a nd if n ecessary, j ustifying w hy f unding d ecisions d evi- ated f rom t he p riorities i n t he p roposed a mendment. The C ouncil w ould b e r equired t o r eview t he a nnual report p repared b y D WR.

T he a dditional c ost o f p re- paring an annual report is generally moderate and can be c ompleted b y e xisting s taff t hat a re f amiliar w ith Delta l evee i nvestments a nd t he D elta P lan; t hus, i t is likely t hese a dditional c osts w ould b e ab sorbed w ithin existing DWR and Council budgets.6 Non–Discretionary Costs or Savings Imposed Upon Local Agencies The p roposed a mendment t o S ection 5 001, w hich adds d efinitions f or t erms u sed i n p roposed S ection 5012, would not cause any direct or indirect econom- ic o r fi scal i mpacts t o l ocal ag encies.

T he p roposed amendments t o S ection 5 012 w ould n ot i mpose fi scal costs o n l ocal g overnments. T he p roposed r egulations would n ot r equire l ocal g overnments o r s chools t o d o anything d ifferent o r n ew, a nd n othing w ould c hange with r espect t o a ny l ocal s ubvention p rograms. T here- fore, l ocal ag encies w ould n ot b e d irectly a ffected b y the D LIS p rioritization a nd w ould n ot i ncur a ny a ddi- tional fiscal costs beyond current requirements. Costs or Savings in Federal Funding to the State No a dditional f ederal f unding is r equired.

T here a re no c osts a ssociated w ith t he p roposed a mendments b e- cause t here is n o r eduction i n a ny f unding. N o d irect 6 T his e stimate i s b ased o n a nalysis i n t he Economic and Fis - cal Impact Analysis of Proposed Amendments to Prioritization of State Investments in Delta Levees and Risk Reduction (EFIA) which i s i ncluded a s A ttachment 1 t o t he I nitial S tatement o f R ea- sons a nd s ummarized i n t he F orm 3 99: Economic and Fiscal Im - pact Statement.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 979 or i ndirect fi scal i mpacts a re a nticipated t o f ederally funded S tate ag encies o r p rograms a s a r esult o f t he proposed a mendments b ecause t he p roposed a mend- ments c ould a ffect t he t iming o f l evee i nvestment b ut do n ot c hange t he o verall l evel o f f unding. B ecause there is n o c hange t o t he o verall l evel o f f unding, t here are no savings in federal funding to the State.

HOUSING COSTS The C ouncil h as m ade a n i nitial d etermination t hat the p roposed a mendments t o S ections 5 001 a nd 5 012 would n ot h ave a s ignificant e ffect o n h ousing c osts. The p roposed a mendments c ould s hift t he d istribution of b enefits f rom l evee i nvestment w ithin t he D elta, i n- directly a ffecting l and v alues e ither p ositively o r n eg- atively. A ny o verall e ffect o n h ousing c osts w ould b e insignificant.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING THE ABILITY TO COMPETE The C ouncil h as m ade a n i nitial d etermination t hat the p roposed a mendments t o S ections 5 001 a nd S ec- tion 5 012 w ould n ot h ave a s ignificant s tatewide a d- verse e conomic i mpact d irectly a ffecting b usinesses, including t he ab ility o f C alifornia b usinesses t o c om- pete with businesses in other states.

While l and is t ypically a n a sset a nd n ot a se parate value–added e conomic a ctivity, t he p roposed a mend- ments c ould r esult i n a n et e conomic c ost ( higher E AD as a result of reallocation of prospective levee invest - ments) o f $ 212,700 p er y ear ( $3,900,000 i n n et p resent value). A ny a dditional i ndirect e conomic e ffects a re likely t o b e n egligible ( less t han $ 232,000 o ver t he analysis p eriod).

H owever, t hese i ndirect c osts w ould not e liminate, c reate, e ncourage, o r r estrict e xpansion of b usinesses c urrently d oing b usiness w ithin t he s tate and g eographic e xtent o f r egulations ( the S acramento San–Joaquin D elta a nd S uisun M arsh). F urthermore, since t he p roposed a mendments w ould h ave a n egli- gible e ffect o n b usinesses, t hey w ould n ot h ave a s ig- nificant s tatewide a dverse e ffect o n t he ab ility o f t hose businesses t o c ompete w ithin t he S tate o r w ith b usi- nesses in other states.

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Pursuant t o G overnment C ode 1 1346.3(b), t he Council h as p repared a n e conomic i mpact a nalysis, which is set f orth i n t he E conomic a nd F iscal I mpact Analysis ( EFIA), A ttachment 1 t o t he F orm 3 99, o f t he proposed a mendments. B ased o n t he a nalysis a nd s up- porting i nformation p rovided i n t he E FIA, t he C ouncil makes the following initial determinations: ● Creation or elimination of jobs within California: The p roposed a mendment w ould h ave a m inimal effect on the creation or elimination of jobs with- in C alifornia.

T he p roposed r egulations m ay r e- sult i n a r eduction o f 2 .1 j obs o ver t he a nalysis period, due to a reduction in real estate commis - sions.

H owever, t he d irect e conomic c ost o f t he proposed a mendments t o b usinesses, j obs, a nd individuals is n egligible b ecause w hile t hey c ould change the timing of State investment in Delta le- vees, t hey w ould n ot c hange t he o verall l evel o f investment. ● Creation of new businesses or elimination of ex - isting businesses within California : T he p ro - posed a mendment w ould n ot a ffect t he c reation of n ew b usinesses o r e limination o f e xisting b usi- nesses w ithin C alifornia.

T he p roposed a mend- ments would not change the overall level of State investment in Delta levee improvements and would b e u nlikely t o h ave a ny s ignificant e ffect on b usinesses i n t he S tate. A ny p otential e ffect would o nly o ccur a t t he s ale o f l and a nd t hen o nly indirectly. ● Expansion of businesses currently doing business within the state: T he p roposed a mendment w ould not a ffect t he e xpansion o f b usinesses c urrently doing b usiness w ithin t he S tate.

S ince t he p ro- posed a mendments w ould n ot c hange t he o verall level of State investment in Delta levee improve- ments a nd w ould b e u nlikely t o h ave a ny s ignifi- cant e ffect o n b usinesses i n t he S tate.

A ny p oten- tial effect would only occur at the sale of land and then o nly i ndirectly a nd t herefore u nlikely t o a f- fect business expansion. ● Benefits: T he b enefits o f t he r egulation t o t he health a nd w elfare o f C alifornia r esidents, w orker safety, a nd t he S tate’s e nvironment a re a s f ollows: ○ Reduced r isk o f d amage t o p roperty a nd i n- frastructure, including reduced cost to re - pair failed levees; ○ Reduced a nnual r isk o f f atalities f rom a l e- vee failure; ○ Improving t ransparency a nd p ublic a ware- ness of State levee funding decisions; ○ State water supply reliability benefits; ○ Ecosystem/habitat benefits; and ○ “Delta a s a P lace” b enefits f rom c ultural, recreational, and natural resource, and agri - cultural qualities that distinguish the Delta.7 7 F o r e x a m p l e , l e g a c y c o mm un i t i e s , r e c r e a t i o n , a n d p ri m e a g- riculture.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 980 COST IMPACT ON REPRESENTATIVE PRIVATE PERSON OR BUSINESS The requirements of the amended regulations apply to State agencies — they do not apply to representa- tive persons or businesses. The Council is not aware of any cost impacts that a representative private per- son or business would necessarily incur in reasonable compliance with the proposed action. Business Reporting Requirements The proposed amendments to Sections 5001 and 5012 do not have a reporting requirement that applies to businesses.

The proposed amendments would es- tablish a new reporting requirement for a State agen- cy (DWR), The proposed amendments would require DWR to prepare an annual report to the Council iden- tifying its decisions to award State funds for Delta levee operation, maintenance, repair, rehabilitation, replacement, and improvement projects and include specific information in the report. Small Business The Council makes an initial determination that any potential indirect effects on small businesses would be insignificant. The direct cost of the proposed amend- ment would fall on State agencies, not on businesses.

Therefore, it would have no direct effect on businesses, including small businesses. Businesses could poten - tially be affected indirectly through changes in land- owner expenditures or real estate sales commission, but this effect is negligible. Since the effect on general businesses is negligible, it follows that small business- es (using the consolidated definition of small business set forth in Cal. Gov. Code

Section 11346.3(b)(4)(B)) would not be disproportionately affected or overly bur- dened by the proposed amendments. CONSIDERATION OF ALTERNATIVES The Council must determine that no reasonable al- ternative considered or that has otherwise been identi- fied and brought to its attention would be more effec- tive in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private per- sons and equally effective in implementing the statu- tory policy or other provision of law.

The Council has prepared an Initial Statement of Reasons that contains an analysis of alternatives con- sidered and rejected due to reasons as described. In- terested persons may present statements or arguments with respect to alternatives to the proposed regula- tions at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Erin Mullin Delta Stewardship Council 715 P Street, Suite 15–300 Sacramento, CA 95814 (916) 902–6482 amend.rrp1@deltacouncil.ca.gov The backup contact person to whom inquiries con- cerning the proposed administrative action may be directed to is: Eva Bush Delta Stewardship Council 715 P Street, Suite 15–300 Sacramento, CA 95814 (916) 284–1619 amend.rrp1@deltacouncil.ca.gov All comments must be submitted as set forth in the “Opportunity for Public Comment” section, above.

A V AILABILITY STATEMENTS The Council will have the entire rulemaking file, including the express terms of the proposed regula- tions, the Initial Statement of Reasons, and all infor- mation that provides the basis for the proposed action, available for inspection and copying throughout the rulemaking process.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of the following materials that are available for public review: ● Text of Proposed Amendment to Existing Regulation Sections 5001 and 5012; proposed Appendix P ● Notice of Proposed Rulemaking ● Initial Statement of Reasons (ISOR) ○ Please note: There is an attachment to the ISOR (see Attachment 1 to ISOR) ● Form 400 (Notice Publications/Regulation Submission) ● Form 399 (Economic and Fiscal Impact Statement) ● Attachment 1 to Form 399 (“EFIA ”) ● Information upon which proposed amendment is based, including ○ Addendum to Delta Plan Amendments Program Environmental Impact Report: Delta Levees Investment Strategy Update.

Council, 2021. ○ Comparison of PL 84–99 Analyses Delta Levees Investment Strategy (DLIS)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 981 Technical memorandum. Delta Stewardship Council (Council), 2017. ○ Cost Analysis for Proposed Delta Plan Regulations in Support of Economic and Fiscal Impact Statement. Council. 2012. ○ Economic Sustainability Plan for the Sacramento–San Joaquin Delta. Delta Protection Commission, 2012. ○ Delta As Place: Agriculture White Paper. Council. 2010. ○ Delta Flood Management Investment Strategy Principles.

Council, Approved as Interim Guidance on July 24, and August 27, 2015. ○ Delta Flood Risk Management Assessment District Feasibility Study and Delta Levee Financing Options Report. Delta Protection Commission. 2018. ○ Delta Levees Investment Strategy Issue Paper. Council, 2015. ○ Delta Levees Investment Strategy Final Report, Council, 2017. ○ Delta Levees Investment Strategy Risk Analysis Methodology Report. Council. 2017. ○ Delta Levees Special Flood Control Projects. DWR. 2017. ○ DLIS MOU and Joint Implementation Plan.

Council, June 22, 2017 Meeting. ○ Delta Memorandum of Understanding (MOU) Working Group Meeting with Delta Stewardship Council (Council) and Central Valley Flood Protection Board (CVFPB). Attendees: Laura Hollender (DWR), Chris Williams (DWR), Erin Mullin (Council), Ryan Stanbra (Council), Meghan Sullivan (CVFPB), and Erica Bishop (GEI). DWR. 2019. ○ Delta Plan: Ensuring a reliable water sup- ply for California, a healthy Delta ecosys- tem, and a place of enduring value. Council, 2013. ○ Delta Plan Program Environmental Impact Report. Council, 2013. ○ Delta Plan Amendments.

Council, April 2018. ○ Delta Plan Ecosystem Amendment: Draft Appendix Q1. Methods Used to Update Ecosystem Restoration Maps Using New Digital Elevation Model and Tidal Data. 2020. ○ Delta Plan Amendments Program Environmental Impact Report Addendum and Rulemaking Authorization for Delta Plan Policy RR P1. Council Staff Report. August 2021. ○ Delta Plan Executive

Summary, Delta Plan Policies and Recommendations. Council, 2013. ○ DLIS Risk Analysis Methodology Report. Council, Revised June 2017. ○ DLIS: Sea Level Rise Methodology. Council, 2015. ○ Delta Reclamation District Financing and Budgets. Council, 2015. ○ Delta Risk Management Strategy, Phase 1. Risk Report:

Section 2. DWR, 2009. ○ Discussion Draft of Potential Revisions to

Chapter 7 Policies and Recommendations. Council, March 23, 2017. Meeting. ○ Draft Report: Earthquakes and High Water as Levee Hazards in the Sacramento–San Joaquin Delta. Delta Independent Science Board (Delta ISB), 2016. ○ Economic Sustainability Plan for the Sacramento–San Joaquin Delta. Delta Protection Commission, 2012. ○ Final: Levee Related Habitat Review Issue Paper. Council, 2015. ○ Impacts for Planning and Analysis Model. http://www.implan.com/. 2014 R3 California Counties Database (Delta Counties).

MIG Inc. 2014. ○ Inspection and Local Maintaining Agency Report of the Central Valley State–Federal Flood Protection System. DWR, 2013. ○ Light Detection and Ranging Data. https:// data.cnra.ca.gov/dataset/delta–lidar–201 7 . 2019 ○ Map of the Sacramento–San Joaquin Delta. Council, 2014. ○ Map of the Sacramento–San Joaquin Delta and Suisun Marsh prepared by the Flood SAFE Environmental Stewardship and Statewide Resources Office (FESSRO). DWR, 2013. ○ Personal communication with Erin Mullin. Senior Engineer. Delta Stewardship Council. January 29, 2019. Updated to 2021 dollars using GDP–IPD.

Council. 2019. ○ Reclamation District Ability to Pay (ATP) Analysis Technical memorandum. Council, 2017. ○ Resolution 2018–1. Certification of the Delta Plan Amendments Program Environmental Impact Report, Adoption of Findings and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 982 a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, and Adoption of the Delta Plan Amendments. Council, April 26, 2018. ○ Resolution 2021–02. Approval of the Delta Plan Amendments Program Environmental Impact Report Addendum and Rulemaking Authorization for Delta Plan Policy RR P1. Council, August 26, 2021. ○ Review Technical Memoranda from Delta Levee Prioritization Methodology Peer Review Meeting. Council, May 19–20, 2015. ○ Revisions to Current DLIS Amendment.

Council, March 23, 2017. Meeting. ○ Sacramento–San Joaquin Delta Atlas. DWR, 1995. ○ Sacramento–San Joaquin Delta Reform Act of 2009 ○ Staff–Recommended DLIS Prioritization Table and Map; Staff–Recommended Modified Preliminary Draft Regulatory Language for Delta Plan Policy RR P1. Council. 2021. ○ State Investments in Delta Levees. Key Issues for Updating Priorities. Council, 2014. ○ State Investments in Delta Levees. Key Issues for Updating Priorities. Council, 2015. ○ Suisun Marsh Properties Map. Suisun Marsh RCD, 2015. ○ U.S.

Bureau of Economic Analysis, Gross Domestic Product: Implicit Price Deflator, retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/ series/GDPDEF. ● Final Statement of Reasons (upon completion) ● Final Text of Regulation (upon completion) To obtain copies or to arrange for an in–person re - view, copying or inspection of records, please contact Erin Mullin at the address or e–mail or phone number listed above.

For more timely access to these materi- als, and in the interest of waste prevention, interested parties are encouraged to access the Council’s Internet webpage at: https://deltacouncil.ca.gov/dlis/ AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time- ly and relevant comments received, the Council may adopt the proposed amendment as described in this notice at a subsequently noticed public meeting.

If the Council makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicat- ed) available to the public for at least 15 days before the Council adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Erin Mullin at the address indicated above.

The Council will transmit any modified text to all persons who testify at the public hearing, all per- sons whose comments are received during the com- ment period, and all persons who request notification of the availability of such changes. The Council will accept written comments on the modified regulations for 15 days after the date on which they are made available to the public. FINAL STATEMENT OF REASONS The Final Statement of Reasons will be posted on https://deltacouncil.ca.gov/dlis/, and may also be ob - tained from the individuals listed above once it has been prepared.

If the amendment is approved by the Office of Administrative Law, the date the regulation is filed with the Secretary of State and the effective date of the regulations will also be posted on the Council’s website. INTERNET ACCESS Copies of this Notice, the Initial Statement of Rea- sons, the text of the proposed regulations in underline and strikeout, and all materials published or distribut- ed by the Council regarding this proposed action are available at https://deltacouncil.ca.gov/dlis/. TITLE 27.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 PROPOSITION 65 AMENDMENT TO

SECTION 25705 SPECIFIC REGULATORY LEVELS POSING NO SIGNIFICANT RISK: ANTIMONY TRIOXIDE Public Availability Date: August 26, 2022 Deadline for Public Comment: October 11, 2022 NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA)

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 983 proposes to adopt a Proposition 65 1 N o S ignificant Risk L evel ( NSRL) f or a ntimony t rioxide b y a mend- ing Title 27, California Code of Regulations,

section 25705(b).2 T he p roposed N SRL f or a ntimony t rioxide is 0.13 micrograms per day. SUBMISSION OF PUBLIC COMMENTS All written comments must be submitted to OEHHA b y e lectronic s ubmission, m ail, o r h and– delivery, by October 11, 2022, as indicated below. OEHHA s trongly r ecommends t hat c omments b e s ub- mitted e lectronically t hrough o ur w ebsite a t https:// oehha.ca.gov/comments rather than in paper form. Al- ternatively, comments can be submitted in paper form, by either mail or delivered in person.

Electronic Submission (preferred): Through OEHHA website at: https://oehha.ca.gov/ comments Mailed Submission: Esther B arajas–Ochoa Office of Environmental Health Hazard Assessment P .O.

Box 4010 Sacramento, California 95812–4010 In–person delivery submission: Attention: Esther Barajas–Ochoa Office of Environmental Health Hazard Assessment 1001 I Street, 23rd Floor Sacramento, California 95814 OEHHA e ncourages a ll c ommenters t o s ubmit t heir comments i n a f ormat c ompliant w ith S ection 5 08 o f the f ederal R ehabilitation A ct, W eb C ontent A cces- sibility Guidelines 2.0 3 and California Government Code ( Gov. C ode) se ctions 7 405 a nd 1 1135, s o t hat t hey can b e r ead u sing s creen r eader t echnology a nd t hose with visual impairments are able to listen to them.

OEHHA is s ubject t o t he C alifornia P ublic R ecords Act a nd o ther l aws t hat r equire t he r elease o f c ertain information upon request. If you provide comments, please b e a ware t hat y our n ame, a ddress, a nd e –mail may be available to third parties.

Inquiries c oncerning t he a ction d escribed i n t his notice m ay b e d irected t o E sther B arajas–Ochoa, in w riting a t t he a ddress g iven ab ove, b y e mail a t 1 T he S afe D rinking W ater a nd T oxic E nforcement A ct o f 1 986, codified a t H ealth a nd S afety C ode s ection 2 5249.5 e t s eq., r e- ferred to herein as “Proposition 65” or “The Act.” 2 A ll f urther r egulatory r eferences a re t o s ections o f T itle 2 7 o f the California Code of Regulations unless otherwise indicated. 3 https://www.w3.org/W AI/standards–guidelines/wcag/ esther.barajas–ochoa@oehha.ca.gov, o r b y t elephone at: 916–445–6900 PUBLIC HEARING A p ublic h earing o n t hese p roposed r egulatory amendments w ill o nly b e s cheduled up on r equest.

The h earing w ould b e v irtual d ue t o t he C OVID–19 emergency.4 T o r equest a h earing, se nd a n e –mail t o Esther B arajas–Ochoa a t esther.barajas–ochoa@oeh- ha.ca.gov o r l etter t o t he a ddress l isted ab ove b y n o later t han September 26, 2022 . I f o ne is s cheduled, OEHHA w ill m ail a n otice o f t he h earing t o t he r e- quester a nd i nterested pa rties o n t he P roposition 6 5 mailing l ist f or r egulatory p ublic h earings. T he n otice will also be posted on the OEHHA website at least ten days b efore t he p ublic h earing d ate.

T he n otice w ill provide t he d ate, t ime, a nd i nstructions f or pa rticipat- ing in the hearing. CONTACT Please d irect i nquiries c oncerning t he p roposed regulatory a ction d escribed i n t his n otice t o E sther Barajas–Ochoa a t ( 916) 4 45–6900, o r b y e –mail t o esther.barajas–ochoa@oehha.ca.gov. K risti M orioka is a b ack–up c ontact p erson f or i nquiries c oncerning processing o f t his a ction a nd is a vailable a t ( 916) 3 22– 5624 or kristi.morioka@oehha.ca.gov.

INFORMATIVE DIGEST/POLICY STATEMENT O VERVIEW Proposition 6 5 p rohibits a p erson i n t he c ourse o f doing b usiness f rom k nowingly a nd i ntentionally e x- posing a ny i ndividual t o a c hemical t hat h as b een l ist- ed a s k nown t o t he s tate t o ca use ca ncer o r r eproduc- tive t oxicity w ithout fi rst g iving c lear a nd r easonable warning t o s uch i ndividual.5 T he A ct a lso p rohibits a business f rom k nowingly d ischarging a l isted c hemi- cal i nto w ater o r o nto o r i nto l and w here s uch c hemical passes o r p robably w ill pa ss i nto a ny s ource o f d rink- ing water.6 For ca rcinogens, a n e xemption f rom t he w arning r e- quirement is p rovided b y t he A ct w hen t he e xposure for w hich t he p erson is r esponsible ca n b e d emonstrat- ed t o p roduce n o s ignificant r isk, o r w hen a d ischarge which o therwise c omplies w ith a ll a pplicable r equire- ments w ould n ot ca use a ny s ignificant a mount o f t he discharged o r r eleased c hemical t o e nter a ny s ource of d rinking w ater.7 A d etermination t hat a l evel o f 4 Executive Orders N–25–20 and N–29–20. 5 Health and Safety Code

section 25249.6. 6 Health and Safety Code

section 25249.5. 7 Health and Safety Code sections 25249.9 and 25249.10.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 984 exposure p oses n o s ignificant r isk m ay b e m ade u ti- lizing r egulations t hat h ave p reviously b een a dopted by OEHHA (Sections 25701–25721).

Section 25701 describes a lternative m ethods f or m aking s uch a d e- termination. S ection 2 5705 set s f orth t he p rocess f or determining “ no s ignificant r isk” l evels f or p urposes of P roposition 6 5 a nd e stablishes t hose l evels f or c er- tain listed chemicals. Details o n t he b asis f or t he p roposed N SRL f or a n- timony t rioxide a re p rovided i n t he I nitial S tatement of R easons f or t his r egulatory a mendment, w hich is available o n r equest f rom E sther B arajas–Ochoa a t esther.barajas–ochoa@oehha.ca.gov and is posted on the OEHHA website at www.oehha.ca.gov.

This p roposed a mendment t o se ction 2 5705 w ould add an NSRL for antimony trioxide by amending Sec- tion 25705(

b) as follows (addition in underline): (

b) Chemical name Level (micrograms per day) A crylonitrile 0 .7 … A ntimony oxide (Antimony trioxide) 0.13 … To d evelop t he p roposed N SRL f or a ntimony t riox- ide, O EHHA r elied o n t he 2 017 N ational T oxicology Program ( NTP) t echnical r eport e ntitled “ Toxicolo- gy a nd C arcinogenesis S tudies o f A ntimony T rioxide (CAS N umber 1 309–64–4) i n W istar H an [ Crl:WI (Han)] Rats and B6C3F1/N M ice ( Inhalation S tudies)”8 and t he N TP R eport o n C arcinogens “ Monograph o n Antimony T rioxide.”9 T he N TP t echnical r eport a nd the N TP R eport o n C arcinogens ( RoC) m onograph summarize t he a vailable d ata f rom ro dent ca rcinoge- nicity s tudies, a s w ell a s o ther i nformation r elevant t o the carcinogenic activity of antimony trioxide.

The N SRL f or a ntimony t rioxide is b ased up on t he results o f t he m ost se nsitive s cientific s tudy d eemed t o be of sufficient quality.10 Anticipated Benefits of the Proposed Regulation Some b usinesses m ay n ot b e ab le t o a fford t he e x- pense o f e stablishing a n N SRL a nd t herefore m ay b e exposed t o l itigation f or a f ailure t o w arn o r f or a p ro- hibited d ischarge o f t he l isted c hemical. B y p roviding an N SRL, t his r egulatory p roposal s pares b usinesses the e xpense o f ca lculating t heir o wn N SRL a nd m ay 8 N ational T oxicology P rogram ( NTP 2 017).

T oxicology a nd Carcinogenesis S tudies o f A ntimony T rioxide ( CAS N umber 1309–64–4) i n W istar H an [ Crl:WI ( Han)] R ats a nd B 6C3F1/N Mice ( Inhalation S tudies). N TP T echnical R eport S eries N um- ber 5 90. U S D epartment o f H ealth a nd H uman S ervices, N TP, Research T riangle P ark, N C. A vailable f rom https://ntp.niehs.nih. gov/go/tr590. 9 National T oxicology Program (NTP 20 1 8). Report on Carcin- ogens M onograph o n A ntimony T rioxide. R oC M onograph 1 3. US D epartment o f H ealth a nd H uman S ervices, N TP, R esearch Triangle P ark, N C.

A vailable f rom https://ntp.niehs.nih.gov/ntp/ roc/monographs/antimony _final20181019_508.pdf. 10

Section 25703(a)(4). also e nable t hem t o r educe o r a void l itigation c osts. In a ddition, t he N SRL d oes n ot r equire, b ut m ay e n- courage, b usinesses t o r educe e xposures t o t he l isted chemical t o a l evel t hat d oes n ot ca use a s ignificant exposure, t hereby p roviding a p ublic h ealth b enefit t o Californians. T his i n t urn m ay r educe r esident, w orker and environmental exposures to antimony trioxide.

No Inconsistency or Incompatibility with Existing Regulations After conducting an evaluation on any related reg - ulations i n t his a rea, O EHHA h as f ound t hat t hese are t he o nly r egulations d ealing w ith P roposition 6 5 No S ignificant R isk L evels f or t his s pecific c hemical. Therefore, O EHHA h as d etermined t hat t he p roposed regulation is n either i nconsistent n or i ncompatible with e xisting s tate r egulations. T he p roposed r egu- lation does not impose any mandatory requirements on businesses, state or local agencies and does not ad- dress compliance with any other law or regulation.

RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code

section 11346.3(b)) Impact on the Creation, Elimination, or Expansion of Jobs/Businesses in California This r egulatory p roposal w ill n ot a ffect t he c reation or e limination o f j obs w ithin t he S tate o f C alifornia. Proposition 6 5 r equires b usinesses w ith t en o r m ore employees t o p rovide w arnings p rior t o e xposing p eo- ple t o c hemicals t hat a re k nown t o ca use ca ncer. T he law a lso p rohibits t he d ischarge o f l isted c hemicals into s ources o f d rinking w ater.

A ntimony t rioxide is listed u nder P roposition 6 5; t herefore, b usinesses m ust provide a w arning i f t heir p roduct o r a ctivity e xposes the p ublic o r e mployees t o s ignificant a mounts o f a nti- mony t rioxide. T he r egulatory p roposal d oes n ot c re- ate additional compliance requirements, but instead provides a “ safe h arbor” v alue t hat a ids b usinesses i n determining w hether a w arning is r equired f or a g iven exposure.

The p roposed N SRL p rovides c ompliance a ssis- tance t o b usinesses s ubject t o t he A ct, b ut d oes n ot impose a ny m andatory r equirements o n t hose b usi- nesses. T herefore, O EHHA h as d etermined t hat t he proposed r egulatory a ction w ill n ot h ave a ny i mpact on t he c reation o r e limination o f j obs, t he c reation o f new b usinesses o r t he e limination o f e xisting b usi- nesses, or the expansion of businesses currently doing business within the State of California.

Benefits o f t his r egulation i nclude s paring b usiness- es t he e xpense o f ca lculating t heir o wn N SRL a nd p os- sibly e nabling t hem t o r educe o r a void l itigation c osts. By providing an NSRL, it may encourage businesses to r educe e xposures t o t he l isted c hemical t o a l evel that d oes n ot ca use a s ignificant e xposure, t hereby p ro- viding a p ublic h ealth b enefit t o C alifornians. T his i n

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 985 turn m ay r educe r esident, w orker a nd e nvironmental exposures to antimony trioxide. PEER R EVIEW This n otice, t he p roposed r egulatory c hange, a nd t he Initial S tatement o f R easons a re b eing p rovided t o t he OEHHA S cience A dvisory B oard’s C arcinogen I den- tification Committee for review and comment.11 AUTHORITY Health and Safety Code

Section 25249.12. REFERENCE Health a nd S afety C ode S ections 2 5249.5, 2 5249.6, 25249.9, 25249.10 and 25249.11. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS Because P roposition 6 5 e xpressly12 does not apply to l ocal ag encies o r s chool d istricts, O EHHA h as d e- termined t he p roposed r egulatory a ction w ould n ot impose a m andate o n l ocal ag encies o r s chool d istricts nor d oes i t r equire r eimbursement b y t he S tate p ur- suant t o P art 7 ( commencing w ith S ection 1 7500) o f Division 4 o f t he G overnment C ode.

O EHHA h as a lso determined t hat n o n ondiscretionary c osts o r s avings to l ocal ag encies o r s chool d istricts w ill r esult f rom t he proposed regulatory action. COSTS OR SA VINGS TO STATE AGENCIES Because P roposition 6 5 e xpressly13 does not apply to a ny S tate ag ency, O EHHA h as d etermined t hat n o savings or increased costs to any State agency will re- sult from the proposed regulatory action.

EFFECT ON FEDERAL FUNDING TO THE STATE Because P roposition 6 5 e xpressly14 does not apply to a ny f ederal ag ency, O EHHA h as d etermined t hat no c osts o r s avings i n f ederal f unding t o t he S tate w ill result from the proposed regulatory action. EFFECT ON HOUSING COSTS OEHHA h as d etermined t hat t he p roposed r egulato- ry action will have no effect on housing costs because 11 Title 27, Cal. Code of Regs.,

section 25701(e). 12 See Health and Safety Code

section 25249.11(b). 13 See Health and Safety Code

section 25249.11(b). 14 See Health and Safety Code

section 25249.11(b). it provides compliance assistance to businesses sub - ject t o P roposition 6 5 b ut d oes n ot i mpose a ny m anda- tory requirements on those businesses.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE Because t he p roposed r egulatory l evel p rovides c om- pliance a ssistance t o b usinesses s ubject t o P roposition 65, but does not impose any mandatory requirements on t hose b usinesses, O EHHA h as m ade a n i nitial d e- termination t hat t he a doption o f t he r egulation w ill n ot have a s ignificant s tatewide a dverse e conomic i mpact directly a ffecting b usinesses, i ncluding t he ab ility o f California b usinesses t o c ompete w ith b usinesses i n other s tates.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The p roposed N SRL w as d eveloped t o p rovide compliance assistance for businesses in determining whether a w arning is r equired, o r a d ischarge is p ro- hibited. T he N SRL p rovides a l evel o f e xposure a t o r below w hich a w arning is n ot r equired, a nd a d ischarge is n ot p rohibited. U se o f t he N SRL is n ot m andatory.

The implementing regulations allow a business to cal- culate its own level and provide guidance in order to assist businesses in doing so. 15 However, conducting such a p rocess ca n b e e xpensive a nd t ime c onsuming, and t he r esulting l evels m ay n ot b e d efensible i n a n enforcement action. OEHHA is not aware of any cost impacts t hat a r epresentative p rivate p erson o r b usi- ness would necessarily incur in reasonable compli - ance with the proposed action.

EFFECT ON SMALL BUSINESSES OEHHA h as d etermined t hat t he p roposed r egula- tion will not impose any mandatory requirements on small b usiness. R ather, t he p roposed N SRL w ill p ro- vide compliance assistance for small businesses sub - ject t o P roposition 6 5 b ecause t hey w ill h elp b usiness- es d etermine w hether o r n ot a n e xposure f or w hich they a re r esponsible is s ubject t o t he w arning r equire- ment or discharge prohibition of Proposition 65.

CONSIDERATION OF ALTERNATIVES Government C ode se ction 1 1346(a)(13) r equires t hat a r ulemaking ag ency m ust d etermine t hat n o r eason- able a lternative c onsidered b y t he ag ency o r t hat h as 15 Title 27, Cal. Code of Regs.,

section 25701 et seq.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 986 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 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 than the proposal described in this Notice.

A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA has prepared and has made available for public review an Initial Statement of Reasons for the regulation, all the information upon which the regula- tion is based, and the text of the regulation. A copy of the Initial Statement of Reasons, the text of the reg- ulation and the documents relied on to develop the proposed regulation are available upon request from OEHHA at the address and telephone number in- dicated above. These documents are also posted on OEHHA ’s website at www.oehha.ca.gov.

A VAILABILITY OF CHANGED OR MODIFIED TEXT The full text of any regulation which is changed or modified from the express terms of this proposed ac- tion will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regula- tion. Notice of the comment period on changed regu- lations and the full text will be mailed to individuals who testified or submitted written comments at the public hearing, if held, or whose comments were re- ceived by OEHHA during the public comment period, and anyone who requests notification from OEHHA of the availability of such changes.

Copies of the notice and the changed regulation will also be available on the OEHHA website at www.oehha.ca.gov. FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons for this regulatory action may be obtained, when it becomes available, from OEHHA at the address and telephone number indicated above, and on the OEHHA website at www.oehha.ca.gov.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2022–095–001–R1 Project: South Fork Trinity River (SFTR) Spring Run Chinook Salmon Restoration Project Phase 2 Location: Trinity County Applicant: Watershed Research and Training Center, represented by Nick Goulette Background: Project Location: The SFTR Spring Run Chinook Salmon Restoration Project Phase 2 (Project) is lo- cated on the South Fork Trinity River, approximately 3.5 miles upstream of Highway 36, near Forest Glen, CA.

Coordinates for the Project are 40.3103° North, 123.2464° West (upstream extent) and 40.3276° North, 123.2817° West (downstream extent), on a combina- tion of private parcels and federal lands managed by the USDA Forest Service. Assessor Parcel Numbers (APN) are as follows: 019–190–07–00, 020–130– 07–00, 021–020–03–00, 018–350–1 1–00 and 019– 190–03–00, and affects the South Fork Trinity River.

The South Fork Trinity River supports populations of state–listed threatened Upper Klamath–Trinity River (UKTR) spring–run Chinook Salmon (Oncorhynchus tshawytscha) and fall–, winter–, and summer–run populations of steelhead (O. mykiss), as well as foothill yellow–legged frog (Rana boylii), western pond turtle (Emys marmorata), and Pacific lamprey (Entosphenus tridentatus).

Suitable habitat for Southern Oregon Northern California Coast (SONCC) Coho Salmon (O. kisutch) exists within the project reach, however the most recent record of juvenile Coho presence was in 2009 in the lower reaches of tributaries below the community of Hyampom. Project Description: The Watershed Research and Training Center (Applicant) proposes to enhance and restore habitat within the South Fork Trinity River to provide a net conservation benefit for all of the species listed above, but in particular UKTR spring–run Chi- nook Salmon (O tshawytscha ).

The Project proposes to improve the habitat quality, ecological function, and geomorphic processes in a 3.1–mile reach by provid-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 987 ing complexity with the placement of approximately 300 whole trees into the stream. The goal is to im- prove adult salmon and steelhead holding, spawning, and migration habitat, while also providing juvenile rearing habitat. Large wood structures will be placed through the combination of helicopter and road–based cable yarding to pull or tip trees into place at 32 dis - crete locations.

Approximately 260 conifers ranging from 12–40 inches in diameter at breast height and averaging 80–feet long will be placed via helicopter in log jam configurations, using 5–35 trees per assem- blage. Approximately 50–60 live and dead trees (both conifer and hardwood) will be pulled or tipped used a road–based cable yarder from five upland locations on the private parcel. Using pulley blocks, these trees will be yarded into place in the stream. The intent during construction is to interlock the individual trees togeth- er during placement to increase structural integrity and residence time.

Trees will also be keyed into natural anchor points such as between live trees or boulders to improve stability and longevity. Depending on the lo- cation, the intended function of a log structure will be either for habitat improvement, improve geomorphic characteristics, or create hydraulic scour. Wood slash will be harvested as a last step and incorporated into the structures to help lock them together and provide structural rigidity, while also deterring undercutting and deterioration of large wood structures.

The slash will be harvested from the private parcels and will build on fuels reduction already occurring in the area. Project Size: The total area of ground disturbance associated with the Project is approximately 1.98 acres and 499.50 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categor- ical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333).

Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) 310 Whole conifer and oak trees with rootwads attached;

(2) Biodegradable roping.

Project Timeframes: Start date: September 1, 2022 Completion date: October 31, 2022 Work window: Approximately 45 days within Sep- tember 1–October 31, with an option for a work win- dow variance with written approval from the Regional Water Board and California Department of Fish and Wildlife Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to restore and enhance the quality of waters in California and increase wild spring–run Chinook pop- ulations through the improvement of adult and juve- nile salmonid habitat, the North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) Waste Dis- charge Identification (WDID) Number 1A22053WN- TR, Electronic Content Management Identification (ECM PIN) Number CW–880743 for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to UKTR spring–run Chinook Salmon, steelhead, and Coho Salmon. Receiving Water: South Fork Trinity River Filled or Excavated Area : Permanent area impact - ed: none Temporary area impacted: 1.98 acres maximum Length temporarily impacted: 499.5 linear feet Length permanently impacted: 0 linear feet Dredge Volume: None.

Discharge Volume: 33,700 cubic yards as large wood Project Location : 40.3103° North, 123.2464° West (upstream extent) and 40.3276° North, 123.2817°West (downstream extent.) (NAD 83); APNs: 019–190–07– 00, 020–130–07–00, 021–020–03–00, 018–350–1 1– 00 and 019–190–03–00 Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj- ect, as described in the Notice of Intent (NOI) com- plies with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.).

On July 12, 2022, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 sub- division (c), CDFW filed an initial notice with the Office of Administrative Law on July 12, 2022], for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Regulato- ry Notice File Number Z–2022–0712–03) on July 22, 2022. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 988 forth in Fish and Game Code

section 1653 for autho- rizing the Project. Specifically, CDFW finds that:

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

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

section 1653, subdivision (b)(4), were included in an attachment to the NOI, which contains the following categories:

(1) General Conservation Measures;

(2) Specific Conser- vation Measures to Minimize Disturbance from In - stream Construction;

(3) Specific Conservation Mea- sures to Minimize Degradation of Water Quality;

(4) Specific Conservation Measures to Minimize Loss or Destruction of Riparian Vegetation and Wetlands;

(5) Specific Conservation Measures Applicable to Fish- eries Research/Monitoring;

(6) Specific Conservation Measures to Protect Wildlife Resources, Including Special Status Species. The specific avoidance and minimization requirements are found in an attach- ment to the NOI, Appendix B Species Conservation Measures South Fork Trinity River–Spring Run Chi - nook Salmon Restoration Project Phase II, derived from the Trinity River Restoration Program 2019 Bio- logical Assessment Document. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Mon- itoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Mon- itoring and Reporting Plan South Fork Trinity River — Spring Run Chinook Salmon Restoration Project Phase II, Trinity County, California, prepared by the Watershed Research and Training Center.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet- ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number and ECM PIN number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name, WDID number, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall sub- mit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronical- ly to: R1LSARedding@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CD- FW’s approval of a habitat restoration or enhancement project pursuant to

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

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (com- mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI.

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW . (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR SPL&T’S FORESTLAND MANAGEMENT PROGRAM HABITAT CONSERVATION PLAN 2080–2022–013–00 The California Department of Fish and Wildlife (CDFW) received a notice on August 12, 2022, that Sierra Pacific Land & Timber Company (SPL&

T) pro- poses to rely on a federal permit to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA). The pro- posed project involves forestland management activi- ties and certain mitigation and conservation measures. Proposed activities will include, but are not limited to, timber harvesting; road construction, use, mainte- nance, and reconstruction; prescribed burns; and fire

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 34-Z 989 suppression. The proposed project will occur within the Trinity and Sacramento River Basins on approx- imately 355,061 acres owned by SPL&T in planning watersheds within the known limits of anadromy.

SPL&T prepared a Habitat Conservation Plan (HCP) which considered the effects of the proposed project on state and federally threatened Central Valley spring– run Chinook salmon (Oncorhynchus tshawytscha ); state and federally endangered Sacramento River win- ter–run Chinook salmon (O. tshawytscha ); and state and federally threatened Southern Oregon/Northern California Coast coho salmon (O. kisutch ). The Na- tional Marine Fisheries Service (Service) issued a federal incidental take permit (ITP) (Permit Number 24396) to SPL&T on September 29, 2021. Pursuant to California Fish and Game Code

section 2080.1, SPL&T is requesting a determination that the ITP and its associated HCP are consistent with CESA for purposes of the proposed project. If CDFW deter- mines the ITP and its associated HCP are consistent with CESA for the proposed project, SPL&T will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS OFFICE OF ADMINISTRATIVE LAW ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS (Pursuant to title 1,

section 270, of the California Code of Regulations) The Office of Administrative Law has accepted for consideration a petition challenging the policies and procedures established in the memorandum entitled, “Senate Bill 132 Implementation,” issued by the Cal- ifornia Department of Corrections and Rehabilitation on D