Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 21-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MAY 27, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2022–0517–02 ........................................ 601 AMENDMENT STATE AGENCY: Department of Pesticide Regulation MULTI–COUNTY: San Luis & Delta–Mendota Water Authority River Delta Unified School District TITLE 2.

BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Conflict–of–Interest Code — Notice File Number Z2022–0516–01 ......................................... 602 TITLE 4. ALTERNATIVE ENERGY AND TRANSPORTATION FINANCING AUTHORITY GoGreen Home Energy Financing Program — Notice File Number Z2022–0516–02 .......................... 602 TITLE 11. DEPARTMENT OF JUSTICE Administrative Enforcement of the Supervision of Trustees and Fundraisers for Charitable Purposes Act — Notice File Number Z2022–0517–01 .......................................... 608 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Standardized Testing for Assessing Adult Literacy — Notice File Number Z2022–0503–03 ..................... 613 TITLE 16. ARCHITECTS BOARD Retired Architect License Fee — Notice File Number Z2022–0517–03 ...................................... 615 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Live Willow Sediment Baffles and Brush/Wood Gully Grade Control Project, Tracking Number 1653–2022–092–001–R1, Mendocino County ....................... 619 (Continued on next page)

DEPARTMENT OF TOXIC SUBSTANCES CONTROL Public Comment Period for Proposed Purchaser Agreement and Covenant Not to Sue Between Department of Toxic Substances Control and Commerce Energy Storage, LLC Regarding the Site of Former Porcelain Metals Corporation A.K.A. Cameo ........................................................................ 620

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 621 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 601 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 Political Practices Commission, pursuant to the authority vest - ed 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 STATE AGENCY: Department of Pesticide Regulation MULTI– COUNTY: San Luis & Delta–Mendota Water Authority River Delta Unified School District A written comment period has been established commencing on May 27, 2022, and closing on July 11, 2022.

Written comments should be directed to the Fair Political Practices Commission, Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission. If a public hear - ing is requested, the proposed code(

s) will be submit - ted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of– interest code(s), proposed pursuant to Government Code

Section 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 code(

s) to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any writ - ten comments must be received no later than July 11, 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 increased costs to local government which may re - sult 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. Therefore, they are not “costs mandated by the state” as defined 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 and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict–of– interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 602 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 Commission should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 2. BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Business, Consumer Services and Housing Agency, pursu - ant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on May 27, 2022 and closing on July 11, 2022. All inquiries should be directed to the contact listed below. The Business, Consumer Services and Housing Agency (BCSH or Agency) proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a mate- rial effect on any financial interest, as set forth in sub- division (

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 bur - densome to affected persons.

Changes to the conflict–of–interest code include: re- vising the list of departments that BCSH oversees to accurately describe those departments and boards that the Agency has statutory oversight of; revising the ti - tle of “Special Assistant” to “Senior Advisor”; add - ing the position of “Staff Services Manager III” to the list of designated positions under Category 1; add - ing the positions of Information Officer II, Research Data Specialist I, Information Technology Manager I, Information Technology Specialist II, Information Technology Specialist I, and Information Technology Associate to the list of designated positions under Category 4; revising all references to the “Homeless Coordinating and Financing Council” and “HCFC” to instead say the “California Interagency Council on Homelessness” and “Cal–ICH,” which is the cur - rent, lawful name of the Council; and other technical changes.

The proposed amendment and explanation of the reasons can be obtained from the agency’s contact set forth below. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than July 11, 2022, or at the con - clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than June 26, 2022. The Business, Consumer Services and Housing Agency 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. 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: Phil Laird, Deputy General Counsel Telephone: (916) 701–3027 E–Mail: philip.laird@bcsh.ca.gov TITLE 4.

ALTERNATIVE ENERGY AND TRANSPORTATION FINANCING AUTHORITY The California Alternative Energy and Advanced Transportation Financing Authority (the “Authority” or “CAEATFA”), organized and operating pursu - ant to Division 16 (commencing with

section 26000) of the California Public Resources Code (the “Act”) — pursuant to the authority vested in it by the Public Resources Code

Section 26009 to promulgate reg - ulations and Public Resources Code

Section 26011 to provide financial assistance to a participating party, and acting pursuant to the Memorandum of Agreement (“MOA”) between the Authority and the California Public Utilities Commission (“CPUC”) which sets forth the policies and procedures for es - tablishment of a series of ratepayer–funded pi - lot programs as authorized and described in the ini - tial CPUC–approved Decision 13–09–044, Decision Implementing 2013–14 Energy Efficiency Financing Pilot Programs issued September 19, 2013 and mod - ified through Decision 15–06–008, Decision 15–12– 002, Decision 17–03–026, and Decision 21.08.006

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 603 — proposes to amend the GoGreen Home Energy Financing Program (known publicly as the “GoGreen Home Program” and referred to as the “Program” in this document) regulations described below after con- sidering all comments, objections, and recommenda - tions regarding the proposed action. PUBLIC HEARING A public hearing regarding the regulations is sched- uled from 10:00 a.m. until 11:30 a.m. or until business is concluded on Thursday, July 14, 2022.

To register to participate for the public hearing via webinar, click the link below: https://us02web.zoom.us/webinar/register/ WN_-o40drjBQKy0DDSTD6915g Any additional public hearings will be publicized on the Authority’s Listserv and on the Authority’s website located at https://www.treasurer.ca.gov/ caeatfa/cheef/reel/regulations/index.asp. WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tatives may submit written comments relevant to the regulations to the Authority. The written comment period on the regulations ends on Thursday July 14, 2022.

Public comments may be submitted during the public workshop. All comments must be submitted in writing to cheef@treasurer.ca.gov by July 14, 2022 in order for them to be considered by the Authority. In the event that substantial changes are made to the regulations during the written comment period, the Authority will also accept additional written com - ments limited to any changed or modified regulations for fifteen (15) calendar days after the date on which such regulations, as changed or modified, are made available to the public pursuant to Title 1, Division 1,

Chapter 1,

Article 2,

Section 44 of the California Code of Regulations. Such additional written com - ments should be addressed to cheef@treasurer.ca.gov. AUTHORITY AND REFERENCE Authority: Public Resources Code

Section 26006 and 26009 .

Section 26006 and 26009 of the Public Resources Code authorizes the Authority to adopt necessary regulations relating to its authority estab - lished by the Act, and Public Resources Code 26011 establishes the authority to provide financial assis - tance to a participating party. Reference: Public Resources Code Sections 26002, 26002.5, 26003(a)(3)(A), 26003(a)(6), 26003(a)(7)(A), 26003(a)(8)(A), 26011 and 26040.

On September 19, 2013, the CPUC approved Decision 13–09–044, and requested the Authority act as the master adminis - trator of the California Hub for Energy Efficiency Financing (“CHEEF”), funded by ratepayer funds col- lected by the four investor owned utilities — Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company, and Southern California Gas Company (collectively the “IOUs”).

The Authority’s purpose is to advance the State’s goals of reducing the levels of greenhouse gas emissions, increasing the deployment of sustainable and renewable energy sources, implementing mea - sures that increase the efficiency of the use of ener - gy, creating high quality employment opportunities, and lessening the State’s dependence on fossil fuels. The Authority’s statute enables it to provide financial assistance to various participating parties that carry out eligible projects.

In July 2014, the Authority re - ceived initial Legislative budget authority to admin - ister the CHEEF functions, and subsequently entered into a Memorandum of Agreement with the CPUC and a receivables contract with the IOUs to implement the CHEEF. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority and authorizes the Authority to provide “fi- nancial assistance” to “participating parties” for the implementation of “projects” as those terms are de - fined in Public Resources Code

Section 26003. A Memorandum of Agreement between the Authority and the CPUC sets forth the policies and procedures for establishment of a series of ratepayer–funded pilot programs as authorized and described in the CPUC– approved Decisions. Decision 13.09.044 established the California Hub for Energy Efficient Financing (“CHEEF”) to be ad - ministered by the Authority. The Authority was au - thorized to develop and implement a number of energy efficiency financing programs.

These programs were intended to attract a greater amount of private capi - tal to the energy efficiency retrofit market by reducing risk to finance companies; broadening the availability of financing to individuals and businesses who might not have been able to access it otherwise; and address- ing the upfront cost barrier to energy efficiency retro - fit projects.

GoGreen Home launched in 2016 as a pilot program and, throughout early development and implementa - tion, the Authority advocated to the CPUC for spe - cific changes to Decisions regarding the CHEEF pro - grams to broaden their relevance to the private mar - ket and streamline operations for participants. These efforts were necessary, from the Authority’s perspec - tive, to facilitate more energy efficiency projects and allow the Program to assist more customers. In March

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 604 2017, the CPUC issued Decision 17–03–026, which granted the Authority some additional flexibility to amend GoGreen Home from previous CPUC guid - ance. Leveraging this flexibility, the Authority imple - mented amendments through an emergency rulemak - ing process that began in 2017 and ended with a certif- icate of compliance in September 2018.

In April 2020, the CPUC issued Resolution E–5072, which approved GoGreen Home’s transition from a pilot program to a full program and provided funding for the Authority to facilitate scaling, including streamlining operations for lenders, making planned technology improve - ments, and continuing with education and outreach efforts.

In April 2021, the CAEATFA Board approved emer- gency regulations to modify the GoGreen Home pro - gram to allow for important operational improve - ments such as moving to electronic data collection to support high–volume lending, incorporate participant and stakeholder feedback and suggestions, and imple- ment lessons learned since the last regulations modifi- cations in 2018.

These modifications establish new el- igible financing products and a new role for “Channel Partners” to assist lenders, institute new processes on the incorporation of non–IOU funding to expand the Program, clarify and add Eligible Energy Efficiency Measures (“EEEMs”) to the Program, and create a streamlined Microloan pathway for loans less than $5,000.

The authorization of the emergency regula - tion was recommended by Staff to allow for adequate time for the regular rulemaking process while solic - iting stakeholder input from participating contractors and lenders as well as other implementation partners regarding areas for programmatic improvement and streamlining. As part of the emergency rulemaking, the Authority made publicly available the proposed modified emer - gency regulations, held stakeholder discussions solic - iting feedback, and conducted a virtual public work - shop on March 12, 2021 followed by a 7–day pub - lic comment period.

The changes were approved by the OAL and took effect on May 24, 2021 (OAL File Number 2021–0513–01E) with subsequent approval by OAL for readoption, with additional modifications, on March 23, 2022 (OAL File Number 2022–0307– 01E) following another public workshop and comment period in January 2022. The emergency regulations will be submitted for a second readoption in May 2022 in order to grant enough time to complete the regular rulemaking process.

The proposed regulations associated with this Notice seek to make permanent most of the emergency mod - ifications through the Certificate of Compliance regu- lar rulemaking process. Anticipated Benefits of the Proposed Action: The benefits of this regulatory action will be to owners and renters of residential properties, including single–family homes, condominiums, townhouses, and apartments, as well as participating lenders and the hundreds of enrolled contractors who complete the upgrades.

The addition of the ability to incorporate non–IOU Public Purpose Funding is intended to re - duce complexity and increase Program access to more Californians by expanding the types of measures for which lenders can receive a credit enhancement. This furthers the State’s goals of reducing energy consump- tion and greenhouse gases. Changes and additions to the list of Eligible Energy Efficiency Measures are in- tended to provide more options for the types of energy saving installations that can be financed through the Program, helping borrowers save more energy.

The addition of new financing products and participant roles, and changes to loan and project submission re - quirements and reporting are intended to create a bet - ter lender experience in order to attract more lenders who can in turn reach more borrowers and drive new levels of program uptake. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: Government Code

Section 11346.5(a)(3)(

D) requires that the notice of proposed rulemaking include, “[an] evaluation of whether the proposed regulation is in - consistent or incompatible with existing state regula - tions.” The Authority’s Staff reviewed the California Code of Regulations and found no existing regulations with which there might be inconsistency or incompat- ibility. Therefore, the Authority believes that the pro - posed regulation is neither inconsistent nor incompat - ible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION The Executive Director of the Authority has made the following determinations regarding the effect of the regulations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None.

Significant, statewide adverse economic impact directly affecting businesses including the ability of

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 605 California businesses to compete with businesses in other states: The Authority has made the determina - tion that the proposed regulations will not have a sig - nificant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. Participation in the program is voluntary, and, in fact, the Authority finds that the proposed regulation may have a positive effect on the businesses of participat - ing GoGreen Home contractors and California–based lenders.

Effect on Small Business: The Authority has made the determination that the proposed regulations will not have an adverse impact on small businesses in California. Participation is voluntary and designed to offer access to attractive financing for energy effi - ciency measures. The Authority believes that any ef - fect on small businesses would be positive, particular- ly for contractor businesses installing energy efficient upgrades.

Cost Impacts on Representative Private Person or Business: The Authority is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action. RESULTS OF ECONOMIC IMPACT ANALYSIS The Authority finds that the regulations will have a positive effect on the state’s economy and environ - ment generally because of the anticipated increased economic activity, energy conservation and reduction of greenhouse gas emissions due to investments in en- ergy upgrades.

Studies have cited the need for low - er cost financing as a main impediment to increasing the number of energy efficiency upgrades; therefore, the Authority finds there would be increased econom- ic activity for certain businesses who manufacture en- ergy efficiency measures and for the contractors who conduct energy efficiency retrofits, as well as for the California–based lenders who process and provide the loans. Additionally, participants that make energy ef - ficiency upgrades are likely to experience energy sav- ings and may be able to apply those savings toward other economically beneficial activities.

Creation or Elimination of California Jobs: The Authority finds that the regulations may have a positive impact on the creation of jobs within California, such as the manufacturers of energy effi - ciency measures benefitting from increased demand, and energy efficiency retrofit contractor companies who perform installations. The Authority has not es - timated the number of direct and indirect green jobs that may be created as a result of this Program as par - ticipation is voluntary.

Creation or Elimination of Existing Businesses Within the State of California: As the regulations provide a credit enhancement to finance companies offering credit to California resi - dents, the elimination of businesses is improbable. The regulations are unlikely to significantly affect the cre- ation of new businesses within the State of California.

Expansion or Elimination of Existing Businesses Within the State of California: The Authority finds there could be increased eco - nomic activity for certain businesses of project de - velopers and contractors who conduct energy effi - ciency retrofits, thus potentially expanding existing businesses.

Benefits of the Regulations to The Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The goal of the Program is to increase access to fi - nancing for California residents to invest in energy ef- ficient upgrades, thus reducing greenhouse gas emis - sions and helping meet California’s ambitious envi - ronmental goals. The Program does not directly affect worker safety.

SUMMARY OF PROPOSED CHANGES AND ADDITIONS

Section 10091.1.

Definitions. This

section defines terms commonly used through- out the regulations and Program documents. This

section is being updated to facilitate the pro - posed changes to the regulations;

definitions have been added, deleted, or amended in order to establish or re- fine terms commonly used throughout the Program.

Section 10091.2. Eligible Financial Institutions and Eligible Finance Lender Applications to Participate. This

section outlines the processes by which an Eligible Financial Institution (“EFI”) or Eligible Finance Lender (“EFL”) applies to become a Participating Financial Institution (“PFI”) or Participating Finance Lender (“PFL”) by describing the information it must provide to and responsibilities under GoGreen Home. This

section has been extensively reorganized to im- prove readability and reduce confusion (e.g. new sub- sections for describing the proposed loan programs, underwriting criteria, certifications, acknowledge - ments, and agreements) as well as modified to obtain additional needed information and remove or stream - line the capture of unnecessary information, in order to evaluate applicants.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 606

Section 10091.3. Additional Requirements for Finance Lenders. This

section outlines additional requirements for an Eligible Finance Lender (“EFL”) to include in the ap - plication to become a Participating Finance Lender (“PFL”). This

section has also been extensively reorganized to improve readability (e.g., new subsections for demon- strating the EFL ’s experience and key operations, and making representations, warranties, and covenants to the Authority). Amendments were also made to align the regulations with current industry practice regard - ing insurance, and to facilitate participation of new - er entrants into the energy efficiency financing space while ensuring company qualifications, and consumer protections.

Section 10091.4. Channel Partner. This new

section establishes a new participant role called a Channel Partner. It was added in order to accommodate additional types of lender business models not previously allowable in GoGreen Home, wherein the lender performs roles related to under - writing and servicing but collaborates with a partner to generate and facilitate transactions as well as inter - act with GoGreen Home. It outlines the processes by which an Eligible Channel Partner (“ECP”) becomes a Participating Channel Partner (“PCP”) including the information it must provide and its responsibilities un- der and regulated relationship with GoGreen Home.

Section 10091.5. Loan Eligibility and Minimum Underwriting Criteria. This

section details the types and characteristics of loans that are eligible for GoGreen Home, how loan proceeds are to be allocated and relevant limits, refi - nancing requirements, information that must be dis - closed to the Borrower, and Borrower underwriting eligibility. This

section is amended to add and clarify financial products available to borrowers through the program — as well as the option to refinance existing GoGreen Home loans, and streamline the eligibility require - ments for Microloans.

Section 10091.6. Contractor Qualification and Management. This

section outlines the process for an Eligible Contractor to become a Participating Contractor (both referred to as “Contractor” throughout this document) including the information it must provide and its re - sponsibilities under the Program. The amendments to this

section reflect the Authority’s need to capture important additional in - formation about an Eligible Contractor applicant, as well as changes to the Authority’s expectations for Participating Contractors throughout their participa - tion in the Program.

Section 10091.7 Establishment and Funding of Loss Reserve Accounts. This

section is re–numbered because the former

Section “10091.7 Optional Loss Reserve Reservation and Project Pre–Approval” was deleted. This sec - tion outlines the process by which each Lender’s Loss Reserve Account(

s) is established and funded under GoGreen Home by the Trustee Bank. This

section has been amended, due to stakehold - er input, to clarify some ambiguities regarding Loss Reserve contributions calculations and to allow up to three Loss Reserve Accounts per lender. The require - ment for how long an Eligible Loan can be enrolled in GoGreen Home was also moved from

Section 10091.8 to this section. Several provisions in this sec- tion were also updated to reflect a change to 10091.1(ii) in

Definitions, indicating that funds from different funders will be stored in separate Program Holding Accounts, and transfers to or from these holding ac - counts will be made to the “appropriate” account. §10091.7 (formerly). Optional Loss Reserve Reservation and Project Pre–Approval. This section, which detailed an optional reservation and project pre–approval process for PFIs or PFLs, has been removed from GoGreen Home. The removal of this

section is due to the pre–ap - proval and reservation process being burdensome and not used by PFIs/PFLs since

Section 10091.8. Loan Enrollment. This

section describes the documentation and data required for a loan to be enrolled in GoGreen Home, as well as the source of the data and which participant is required to submit it. As GoGreen Home prepares to expand and wel - come new business models, the Program is seeking to change how loans are enrolled to deliver flexibil - ity and scalability. This includes clarifications and amendments to streamline the information that is pro- vided by lenders while still ensuring data integrity and compliance. Data points required for loan enroll - ment were also organized into a table format to pro - vide clarity and ease of reading.

Section 10091.9. Claims. This

section outlines the process and requirements for Lenders to submit a claim for reimbursement from their Loss Reserve Account if a Borrower defaults on a GoGreen Home loan. Amendments to this

section are proposed to remove ambiguities, adjust which data points are required, provide the Authority the ability to request additional information when necessary, and to otherwise stream- line the claim application process.

Section 10091.10. Project Requirements. This

section describes measure and project el - igibility for GoGreen Home, installation, safety

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 607 testing requirements, and how projects are verified and inspected. This

section is updated to clarify when a GoGreen Home Participating Contractor is and is not required for a project. Additionally, a substantive modification was made to determine that Participating Contractors are not required if the work is financed by a Microloan. Further, new Eligible Energy Efficiency Measures (“EEEMs”) are added to provide additional opportuni- ties to save energy for Borrowers, and the table listing EEEMs was modified to improve readability.

Lastly, the regulations have been modified to streamline the Quality Assurance/Quality Control review process - es to provide needed flexibility as the Program grows and evolves while still ensuring that risk–based com - pliance verification efforts are accurately targeted to the projects that most need them.

Section 10091.11. Reporting. This

section describes the reporting requirements for lenders in GoGreen Home. This

section is amended to remove and add more data points that are needed for Program participation and evaluation, in order to streamline a sometimes burdensome monthly reporting process for partici - pants while ensuring that the Authority is capturing relevant information regarding enrolled loans and the impact of its credit enhancement.

Section 10091.12. Sale of Enrolled Loans. This

section describes the processes and require - ments by which a Lender may apply to GoGreen Home to serve as a Successor Servicer. This

section is being amended to clear up ambiguities in defining eligibility and certification requirements.

Section 10091.13. Termination and Withdrawal. The purpose of this

section is to describe the pro - cesses and requirements by which a Lender or Successor Servicer may withdraw or be terminated from GoGreen Home. This

section is being amended to update and clarify how a Lender’s remaining loss reserve funds are han - dled if it withdraws from GoGreen Home.

Section 10091.15. California Hub for Energy Efficiency Financing Privacy Rights Disclosure. This

section describes the CHEEF Privacy Disclosure that advises the Borrower of their privacy rights under the Program, informing them that certain information may be shared with utility companies and other state or federal agencies. Modifications to this

section bring the Regulations into alignment with the Information Practices Act, in - dicating that the Authority may report information to new funders and clarifies the types of information shared by the Program with different audiences.

Section 10091.16. Conditional Eligibility Expansion. This new

section was added to describe what the Authority will do if it secures funding for GoGreen Home from a non–IOU Energy Efficiency ratepayer source. If the Authority is able to secure that fund - ing, it will 1) maintain an interested parties list, 2) ex- pand the type of equipment and corresponding costs that will count toward the required Claim–Eligible Principal Amount, 3) publish when this additional funding is available and the criteria for expanded eli - gibility, and 4) offer the credit enhancement for loans financing GoGreen Home projects on a first–come first–serve basis. The

section also explains that fund - ing may come from various types of government or nonprofit organizations. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Authority must determine that no reasonable alternative considered by the agency or that has otherwise been identified and brought to the attention of the agency would be more effective in car- rying out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Authority invites interested persons to present statements with respect to alternatives to the regula - tions during the written comment period. AGENCY CONTACT PERSON Written comments shall be submitted or directed to: cheef@treasurer.ca.gov.

Inquiries and any questions regarding the substance of the regulations shall be submitted or directed to: Kelly Delaney Program Specialist CAEATFA 915 Capitol Mall Sacramento, California 95814 Telephone: 916–651–5581 Email: Kelly.Delaney@treasurer.ca.gov or (backup contact) Aaron Lingenfelter Analyst CAEATFA 915 Capitol Mall Sacramento, California 95814 Telephone: 916–653–2509 Email: ALingenfelter@sto.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 608 A VAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF THE PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 801 Capitol Mall, Second Floor, Sacramento, California 95814, during normal busi - ness working hours.

As of the date this Notice is pub - lished in the Notice Register, the rulemaking file con- sists of this Notice, the Initial Statement of Reasons, the proposed text of the regulations, the Economic Impact Statement, and the Technical, Theoretical, and/or Empirical Studies, Reports, or Documents. Copies of these items are available upon request from the Agency Contact Person designated in this Notice or at the Authority’s website located at https://www. treasurer.ca.gov/caeatfa/cheef/reel/regulations/.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the public hearing and at the end of the written comment period, the Authority may adopt the regula - tions substantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the chang - es clearly indicated) available to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified.

Inquiries about and request for copies of any changed or modified reg- ulations should be addressed to the Agency Contact Person identified in this Notice. The Authority will ac- cept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available. A VAILABILITY OF FINAL STATEMENT OF REASONS Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or at the Authority’s website located at https://www.treasurer.ca.gov/ caeatfa/cheef/reel/regulations/.

A VAILABILITY OF MATERIALS ON THE INTERNET Materials prepared for this rulemaking, includ - ing this Notice, the Initial Statement of Reasons, the text of the proposed regulations, the Economic Impact Analysis, and Technical, Theoretical, and/or Empirical Studies, Reports, or Documents may be accessed on the Authority’s website located at https://www. treasurer.ca.gov/caeatfa/cheef/reel/regulations/. TITLE 11. DEPARTMENT OF JUSTICE DIVISION 1. ATTORNEY GENERAL

CHAPTER 4. SUPERVISION OF TRUSTEES AND FUNDRAISERS FOR CHARITABLE PURPOSES ACT and

CHAPTER 15.

ATTORNEY GENERAL REGULATIONS REGARDING ADMINISTRATIVE ENFORCEMENT OF THE SUPERVISION OF TRUSTEES AND FUNDRAISERS FOR CHARITABLE PURPOSES ACT The Department of Justice (Department) propos - es to amend sections 300, 300.1, 300.2, 301, 302, 303, 304, 305, 306, 308, 310, 311, 312, 312.1, 313, 314, 315, 316, 999.1, 999.2, 999.3, 999.4, 999.6, 999.7, 999.8, 999.9, 999.9.1, 999.9.2, 999.9.3, 999.9.4, and 999.9.5, and to adopt sections 314, 315, 316, 317, 318, 319, 320, 321, 322, and 323 of title 11, division 1, chapters 4 and 15 of the California Code of Regulations concern - ing charities, charitable trusts, and charitable fund - raising, including newly regulated charitable fund - raising platforms and platform charities, that are gov - erned by The Supervision of Trustees and Fundraisers for Charitable Purposes Act (Act), Government Code (Gov.

Code)

section 12580 et seq. PUBLIC HEARING The Department will hold a public hearing to pro - vide all interested persons an opportunity to present statements or arguments, either orally or in writing, with respect to the proposed regulations, as follows: July 13, 2022 at 9:00 a.m. PDT Online via BlueJeans https://primetime.bluejeans.com/a2m/live–event/ ufzsbkjx (NOTE: You will be prompted to join via the BlueJeans app if you have it installed.

You may also join via your browser without installing the app.) OR Dial (415) 466–7000 Meeting ID: 6748237# The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 609 WRITTEN COMMENT PERIOD Any interested person or their authorized represen - tative may submit written comments relevant to the proposed regulatory action. The written comment pe - riod closes on July 12, 2022 at 5:00 p.m. Only written comments received by that time will be considered. Please submit written comments to: Department of Justice Office of the Attorney General Charitable Trusts

Section Attention: Brian Armstrong, Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102–7004 (415) 510–3758 charities.regulations@doj.ca.gov NOTE: Written and oral comments, attachments, and associated contact information (e.g., address, phone, email, etc.) become part of the public record and can be released to the public upon request. AUTHORITY AND REFERENCE Authority: Sections 12581, 12585, 12586, and 12587, 12590, 12598, and 12599.10, Government Code; Sections 5914 and 5918, Corporations Code.

Reference: Sections 11400 et seq., 11425.10, 11425.60, 11500 et seq., 11517, 11518.5, 11519, 12581, 12581.2, 12582, 12582.1, 12583, 12584, 12585, 12586, 12586.1, 12587, 12587.1, 12588, 12589, 12590, 12591, 12591.1, 12594, 12595, 12596, 12597, 12598, 12599, 12599.1, 12599.2, 12599.3, 12599.5, 12599.6, 12599.7, 12599.8, 12599.9 and 12599.10, Government Code; Sections 2205, 5008.6, 5142, 5223, 5225, 5226, 5227, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 5239, 5240, 5250, 5260, 5617, 5813.5, 5820, 5913, 5914, 5918, 5920, 6010, 6215, 6320, 6510, 6611, 6612, 6613, 6617, 6716, 6721, 6810, 6910, 7142, 7223, 7225, 7231, 7233, 7236, 7237, 7238, 7616, 7820, 7913, 8010, 8510, 8611, 8612, 8613, 8616, 8723, 8810, 9230, 9633, 9640 and 9680, Corporations Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions Code;

Section 23775, Revenue and Taxation Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations: The Act provides the Attorney General with en - forcement and supervisory powers over all charita - ble corporations, unincorporated associations, trust - ees and other legal entities holding property for chari- table purposes, commercial fundraisers for charitable purposes, fundraising counsel for charitable purpos - es, and commercial coventurers. The Act establish - es the Registry of Charitable Trusts, which is admin - istered by the Department of Justice. (Gov.

Code, § 12587.1.) Organizations and persons subject to the Act are required to register and file periodic reports with the Attorney General, among other requirements. (Gov. Code, §§ 12585, subdivision (a), 12586, 12599, 12599.1, 12599.2.) The Attorney General is authorized to make rules and regulations regarding the Act, in - cluding the time for filing reports, the content of such reports, and the manner of executing and filing them. (Gov.

Code, §§ 12586, subdivision (b), 12587.) The Act prohibits specified acts and practices in the planning, conduct, or execution of any solicitation or charitable sales promotion, including using any un - fair or deceptive acts or practices in solicitations or charitable sales promotions, engaging in any fraudu - lent conduct that creates a likelihood of confusion or misunderstanding, and misrepresenting or misleading anyone in any manner to believe that another person sponsors, endorses, or approves a charitable solicita - tion or charitable sales promotion when that person has not given consent in writing to the use of the per - son’s name for these purposes. (Gov.

Code, § 12599.6.) The Act also prohibits representing that any part of the contributions solicited by a charitable organization will be given or donated to any other charitable or - ganization unless that organization has consented in writing to the use of its name prior to the solicitation. (Gov. Code, § 12599.6.) Assembly Bill (AB) 488 amends the Act and, effec- tive January 1, 2023, establishes that charitable fund - raising platforms and platform charities are trustees for charitable purposes subject to the Attorney General’s supervision. Pursuant to AB 488, the newly enacted Government Code

section 12599.9 defines “charitable fundraising platform” to mean certain persons or legal entities that use the internet to provide a website, ser - vice, or other platform to persons in this state, and per- form, permit, or otherwise enable acts of solicitation to occur. (Gov.

Code, § 12599.9, subdivision (a).) The solicitation acts include soliciting donations intend - ed for recipient charitable organizations referenced on the platform, permitting persons who use the platform to solicit donations intended for recipient charitable organizations, referencing charitable organizations to receive donations based on purchases made or other activity performed by persons who use the platform, and providing a customizable platform to charitable organizations that solicit or receive donations through the platform. (Gov.

Code, § 12599.9, subdivision (a) (1).) A “platform charity” is a trustee or charitable cor- poration that facilitates acts of solicitation on a char - itable fundraising platform, including soliciting do - nations through a charitable fundraising platform for

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 610 itself from donors who use the platform with the im - plied or express representation that the platform char - ity may grant donations to recipient charitable orga - nizations, or granting funds to recipient charitable or - ganizations based on purchases made or other activi - ty performed by persons who use the platform. (Gov. Code, § 12599.9, subdivision (a)(5).) Government Code

section 12599.9 requires a char - itable fundraising platform, before soliciting, permit - ting, or otherwise enabling solicitations, to register with the Attorney General’s Registry of Charitable Trusts, under oath, on a form provided by the Attorney General. Government Code

section 12599.9 requires persons or entities that meet the definition of a charita- ble fundraising platform and platform charity to regis- ter as a charitable fundraising platform. Government Code

section 12599.9 requires annual renewal of reg - istration, and for the Attorney General to impose reg - istration and renewal fees and deposit revenues in the Registry of Charitable Trusts Fund, for use as speci - fied. (Gov. Code, § 12599.9, subdivision (b).) Government Code

section 12599.9 requires a char - itable fundraising platform to file annual reports, un - der oath, with the Registry of Charitable Trusts on a form provided by the Attorney General. Government Code

section 12599.9 restricts a charitable fundraising platform or platform charity to soliciting, permitting, or otherwise enabling solicitations, or receiving, con - trolling, or distributing funds from donations for re - cipient or other charitable organizations in good stand- ing, as defined. Government Code

section 12599.9 re- quires a charitable fundraising platform or platform charity to provide prescribed conspicuous disclosures that prevent a likelihood of deception, confusion, or misunderstanding before a person can complete a do - nation or select or change a recipient charitable orga - nization. (Gov. Code, § 12599.9, subdivisions (c)–(e).) Government Code

section 12599.9 requires a char - itable fundraising platform or platform charity to ob - tain the written consent of a recipient charitable orga - nization before using its name in a solicitation. Written consent is not required for certain acts of solicitation if specific requirements are met. Government Code sec- tion 12599.9 requires a charitable fundraising platform or platform charity to promptly provide a tax dona - tion receipt after donors contribute. Government Code

section 12599.9 prohibits a charitable fundraising plat- form or platform charity from diverting or otherwise misusing the donations received through solicitation on the charitable fundraising platform, and requires the entity to hold them in a separate account and to ensure donations and grants of recommended dona - tions are sent promptly to recipient charitable organi - zations with an accounting of any fees imposed for processing the funds. (Gov. Code, § 12599.9, subdivi- sions (f)–(h).) Lastly, Government Code

section 12599.10 requires the Attorney General to establish rules and regula - tions they determine to be necessary for the admin - istration of Government Code

section 12599.9, in ac - cordance with prescribed requirements. (Gov. Code, § 12599.10.) Effect of the Proposed Rulemaking: The proposed rulemaking amends the Department’s regulations consistent with the revised statutes and newly enacted statutes. The forms incorporated by reference similarly implement the registration and re - porting requirements created by the new statutes.

Anticipated Benefits of the Proposed Regulations: Under California law, the Attorney General over - sees charities, charitable trustees, professional fund - raisers and other persons or legal entities that hold or solicit charitable donations to safeguard charitable as- sets for the charitable beneficiaries, ensure donations are used for their intended purposes, and to protect the public and charities from fraud and deceptive or unfair solicitations. The proposed regulations regu - late and supervise persons and entities soliciting char- itable donations on internet platforms.

Soliciting and giving charitable donations over internet platforms has grown exponentially in recent years, and the pro - posed regulations allow the Attorney General to prop- erly supervise charitable fundraising platforms and platform charities to better protect the public from deceptive or unfair charitable solicitations occurring through the platforms, and to safeguard the solicit - ed donations for the benefit of charities and the peo - ple of California who receive assistance from them.

The Legislature adopted AB 488 to address the lack of specific authority to provide oversight over charita- ble fundraising platforms and platform charities that operate in California. These entities did not typical - ly register and report under existing registration cat - egories in spite of holding charitable assets or solicit - ing charitable donations.

The newly enacted statutes and proposed regulations allow charitable fundraising platforms and platform charities to report aggregate and more relevant information about charitable dona - tions solicited through their platforms consistent with their record keeping practices, rather than submitting reports for each charity individually, or submitting re- ports that did not adequately cover their solicitation practices.

In addition to increasing protections for the public, the newly enacted statutes and proposed reg - ulations promote transparency and accountability, which will increase donor and consumer confidence in online charitable giving. Comparable Federal Regulations: There are no existing federal regulations or statutes comparable to these proposed regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 611 Determination of Inconsistency/Incompatibility with Existing State Regulations: The Department has determined that these pro - posed regulations are not inconsistent or incompatible with existing State regulations. After conducting a re - view for any regulations that would relate to or affect this area, the Department has concluded that these are the only regulations that concern charitable fundrais - ing platforms and platform charities. Forms Incorporated by Reference: 1. Initial Registration Form (“Form CT–1” Rev. 01/2023):

Section 300. 2. Annual Registration Renewal Fee Report, (“Form RRF–1”) Rev. 01/2023):

Section 301. 3. Commercial Fundraiser for Charitable Purposes Annual Registration Form (“Form CT–1CF” Rev. 01/2023):

Section 313. 4. Commercial Fundraiser for Charitable Purposes (“Form CT–2CF” Rev. 01/2023):

Section 313. 5. Commercial Fundraiser for Charitable Purposes/ Thrift Store Operations (“Form CT–2TCF” Rev. 01/2023):

Section 313. 6. Commercial Fundraiser for Charitable Purposes/ Vehicle Donation Program (“Form CT–2VCF” Rev. 01/2023):

Section 313. 7. Fundraising Counsel for Charitable Purposes Annual Registration Form (“Form CT–3CF” Rev. 01/2023):

Section 313. 8. Commercial Coventurer Annual Registration Form (“Form CT–5CF” Rev. 01/2023):

Section 313. 9. Commercial Coventurer Annual Financial Report Form (“Form CT–6CF” Rev. 01/2023):

Section 313. 10. Notice of Intent to Solicit for Charitable Purposes — Commercial Fundraiser for Charitable Purposes Form (“Form CT–10CF” Rev. 01/2023):

Section 313. 11. Notice of Intent to Provide Services Related to Charitable Solicitation — Fundraising Counsel for Charitable Purposes Form (“Form CT–11CF” Rev. 01/2023):

Section 313. 12. Initial Registration for Charitable Fundraising Platforms (“Form PL–1” Orig. 01/2023):

Section 315. 13. Registration Renewal for Charitable Fundraising Platforms (“Form PL–2” Orig. 01/2023):

Section 315. 14. Notification from Platform Charities (“Form PL– 3” Orig. 01/2023):

Section 315. 15. Annual Report for Charitable Fundraising Platforms or Platform Charities (“Form PL–4” Orig. 01/2023):

Section 315. Other Statutory Requirements: None. DISCLOSURES REGARDING THE PROPOSED ACTION The Department’s Initial Determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The Department’s Fiscal Year (FY) 2022–23 expenditures to implement the new statutes and supervise charita - ble fundraising platforms and platform charities are projected at $415,000, and FY 2023–24 expenditures are projected at $659,000. The Department estimates the registration fees for charitable fundraising plat - forms and platform charities will generate $650,000 in revenue.

Therefore, the Department does not antic - ipate revenue to exceed expenditures. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on representative person or business: Charitable fundraising platforms will be required to pay a $625 registration fee each year.

This fee is simi- lar to the $500 annual registration fee charged to oth - er fundraising professionals (commercial fundraiser, fundraising counsel, commercial coventurer). Platform charities will be required to register annu - ally as trustees. Although the initial registration fee for platform charities as trustees is $50, the renewal fees range from $25 to $1,200, depending on the plat- form charity’s revenue from the prior year. Significant effect on housing costs: None.

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

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

(1) The proposal would benefit the health and wel - fare of the people of California by ensuring char- itable assets donated by California residents are

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 612 used for the intended purpose and for the benefit of California charitable beneficiaries.

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

(3) The proposal would not directly benefit the state’s environment because it does not change any ap - plicable environmental standards. But these regu- lations will prevent the misuse of donations made through charitable fundraising platforms and platform charities to charities supporting envi - ronmental causes. Business report requirement: The Department finds it is necessary for the health, safety or welfare of the people of this state that proposed sections 300, 301, 313, and 315, which require a report, apply to business- es.

Existing law already requires charities, charitable trustees, professional fundraisers, and other persons or legal entities that hold or solicit charitable donations to register and report to the Registry of Charitable Trusts. The proposed amendments impose registra - tion and reporting requirements on newly regulated charitable fundraising platforms and platform chari - ties.

These amendments will benefit the public who will receive more accurate information about charita - ble donations solicited through charitable fundraising platforms, registrants who will understand what infor- mation is required without needing to contact Registry staff, and the Department which will receive more ac- curate information used to safeguard charitable assets and protect the public from fraud and deceptive or un- fair solicitations. Small business determination: The Department has determined that the proposed action affects small businesses.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Department has determined that the proposed regulations are the most effective way for charitable organizations to provide required information to the Department. The proposed procedures and forms are the least burdensome way to ensure that charities pro- vide all required information to the Department.

The proposed procedures and forms also ensure that ba - sic financial information will become available to the donating public promoting transparency and allowing for prospective donors to research and assess the per - formance of charitable organizations, including how they spend their charitable revenue and assets. The proposed regulations follow existing regulations gov - erning the registration of charities, charitable trust - ees, professional fundraisers, and other persons or le - gal entities that hold or solicit charitable donations in California.

By modeling existing registration and re - porting requirements, the proposed regulations effi - ciently implement AB 488 in a way that is already fa - miliar to the regulated community. CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Department of Justice Office of the Attorney General Charitable Trusts

Section Attention: Brian Armstrong, Deputy Attorney General 455 Golden Gate Ave., Suite 11000 San Francisco, CA 94102–7004 (415) 510–3758 charities.regulations@doj.ca.gov Questions regarding procedure, comments, or the substance of the proposed action should be addressed to the above contact person.

In the event the contact person is unavailable, inquiries regarding the pro - posed action may be directed to the following backup contact person: Kevin Sabo Department of Justice 1300 I Street, Suite 100 Sacramento, CA 95814 (916) 210–7639 regulations@doj.ca.gov A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above ad - dress addresses upon appointment.

As of the date this Notice of Proposed Rulemaking (Notice) is pub - lished in the Notice Register, the rulemaking file con- sists of this Notice, the Text of Proposed Regulations (the “express terms” of the regulations), new and new- ly revised registry forms incorporated by reference, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 613 The text of this Notice, the express terms, the forms, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based are available on the Department’s website at https:// oag.ca.gov/charities/laws. Please refer to the contact information listed above to obtain copies of these documents.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the Department analyzes all timely and rel - evant comments received during the 45–day public comment period, the Department will either adopt these regulations substantially as described in this no- tice or make modifications based on the comments. If the Department makes modifications which are suffi - ciently related to the originally–proposed text, it will make the modified text (with the changes clearly indi- cated) available to the public for at least 15 days be - fore the Department adopts the regulations as revised.

Please send requests for copies of any modified reg - ulations to the attention of the name and address in - dicated above. The Department will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, a copy of the Final Statement of Reasons will be available on the Department’s web- site at https://oag.ca.gov/charities/laws. Please refer to the contact information included above to obtain a written copy of the Final Statement of Reasons.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the express terms, the forms incorporated by reference, the Initial Statement of Reasons, and any informa - tion upon which the proposed rulemaking is based are available on the Department’s website at https://oag. ca.gov/charities/laws. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabilitation (CDCR or department), proposes to amend Sections 3000, 3040.3, and 3378.2 into Title 15, Division 3,

Chapter 1, regarding Standardized Testing for Assessing Adult Literacy. PUBLIC HEARING Date and Time: July 14, 2022 10:00–11:00 a.m. Place: Department of Corrections and Rehabilitation Kern/Colorado Room 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins May 27, 2022 and closes on July 12, 2022. Any person may sub - mit written comments by mail addressed to the prima- ry contact person listed below, or by email to rpmb@ cdcr.ca.gov, before the close of the comment period.

For questions regarding the subject matter of the reg - ulations, call the program contact person listed below. Primary Contact R. Ruiz Telephone: (916) 445–2244 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Back–Up Y. Sun Telephone: (916) 445–2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283–0001 Program Contact Martin Griffin Telephone: (916) 324–4496 Office of Correctional Education P.O. Box 942883 Sacramento, CA 94283–0001 AUTHORITY AND REFERENCE Government Code

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 614 Penal Code (PC)

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

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

section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus - tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

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

section 5058 a u t h o r i z e s t h e D i r e c t o r t o p r e- scribe and amend rules and regulations for the admin- istration of prisons and for the administration of the parole of persons. PC

section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the de - partment require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Per Penal Code sections 2053 and 2053.1, the de - partment must determine an inmate’s literacy level at the time of incarceration and work to improve the lit - eracy level during incarceration.

California Code of Regulations (CCR), Tile 15, Division 3 currently pro- vides for the department to use specific vendors when conducting reading assessments. This regulatory ac - tion amends Title 15 sections related to the standard - ized testing for assessing adult literacy to remove lan- guage concerning the use of specific vendors to allow the department to perform a reading assessment as re- quired by law.

This action will: ● Update department regulations concerning as - sessing an inmate’s literacy level, and removing language regarding the use of specific vendors when conducting these assessments. ● Update CDCR Form 128B–5 to remove reference to reading vendor, Test of Adult Basic Education.

DOCUMENTS INCORPORATED BY REFERENCE CDCR Form 128B–5 (Rev. 4/21), Security Threat Group Validation Chrono SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department has determined that the proposed regulations will benefit the health and welfare of California residents by increasing the digital liter - acy of inmates, enabling them to be better prepared for release into their communities, thereby reducing recidivism. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code

section 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompat- ible with existing regulations. After conducting a re - view for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern Standardized Testing for Assessing Adult Literacy of Incarcerated Persons. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code sections 17500–17630.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 615 COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The department is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

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

This ac - tion has no significant adverse economic impact on small businesses because they place no obligations or requirements on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses with- in California, or effect the expansion of businesses currently doing business in California.

The depart - ment has determined that the proposed regulations will benefit the health and welfare of California resi - dents by increasing the digital literacy of inmates, en - abling them to be better prepared for release into their communities, thereby reducing recidivism. The pro - posed regulation is not expected to have an effect on worker safety or the state’s environment.

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

Interested persons are invited to present statements or argu - ments with respect to any alternatives to the changes proposed at the scheduled hearing or during the writ - ten comment period. A VAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations.

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

A VAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are suffi - ciently related to the originally proposed text, it will make the modified text, with the changes clearly indi- cated, available to the public for at least 15 days before the department adopts, amends or repeals the regula- tions as revised. Requests for copies of any modified regulation text should be directed to the contact per - son indicated in this Notice.

The department will ac - cept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16. A RCHITECTS BOARD NOTICE OF PROPOSED REGULATORY ACTION CONCERNING RETIRED ARCHITECT LICENSE FEE NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to adopt

Section 109.1 of

Article 2 and amend

Section 144 of

Article 7 of Division 2 of Title 16 of the California Code of Regulations (CCR), 1 as described in the Informative 1 All CCR references are to title 16 unless otherwise noted.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 616 Digest, below, after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or the interest - ed person’s authorized representative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the individuals listed under Contact Person in this notice. WRITTEN COMMENT PERIOD Written comments, including those sent by mail, fac- simile, or e–mail to the address listed under Contact Person in this Notice, must be received by the Board at its office not later than Tuesday, July 12, 2022, by 5:00 p.m. , or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 5526, 5600.4, of the Business and Professions Code (BPC), and to implement, interpret or make specific BPC sec- tions 30, 144, 5600.2, 5600.3, 5600.4, and 5604, the Board is considering adopting

section 109.1 of

article 2 and amending

section 144 of

article 7 of division 2 of title 16 of the CCR as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Architects Board (Board) licens - es architects. BPC

section 5526 requires the Board to adopt rules and regulations governing the examina - tion of applicants for licenses to practice architecture in this state and authorizes the Board to adopt other rules and regulations as may be necessary and proper. BPC

section 5604 establishes the fee

schedule the Board must follow when establishing fees for Board services. BPC

section 5604(

h) specifies the fee for a retired license may not exceed the fee required at the time of renewal. BPC

section 5600.4 requires the Board to issue a re- tired license to an architect whose license meets cer - tain specified criteria. BPC

section 5604 also specifies that the fee for a retired license may not exceed the fee for issuance of an original license but does not specify the amount of that fee. Currently, the Board’s fees regulation at CCR sec - tion 144 does not specify a fee for a retired architect license. The Board must clarify BPC 5604(

h) by set - ting a fee in regulation to be able to provide a retired architect license. Currently there is no regulation that establishes a retired license application for architects to file to request a retired license. The Board must adopt regulations to establish the information appli - cants must submit to obtain a retired license. Until the Board adopts a fee by regulation, a licensee who retires is not be able to obtain a retired architect license. Instead, they must either (1) continue to pay their biennial renewal fee of $300 and meet the con - ditions of license renewal to keep an “active” status, or (2) let the license expire and become delinquent. (BPC

section 5600.2.) Neither option is appropriate for a licensee who wishes to retire. The first option is in - appropriate because the licensee is no longer working in a capacity that requires a license. The second option is inappropriate because an expired license is canceled and cannot be reinstated more than five years after it expires (BPC

section 5600.3), and a licensee whose li- cense is canceled cannot refer to themselves using the term “architect,” or any variation of the term “archi - tect.” (BPC

section 5536.) Further, the terms “expired,” “delinquent,” and “canceled” are inappropriate to properly distinguish licensees who have retired with a lack of disciplinary restrictions on their license from those whose licenses were suspended, revoked, otherwise restricted, or are incapable of being renewed at the time of retirement. (See BPC

section 5600.4(a).) The Board’s propos - al would address the foregoing issues by: (1) amend - ing CCR

section 144 to assign a fee of $40 for a re - tired license and accompanying wall certificate; and (2) adopting CCR

section 109.1 to clarify who is el - igible for a retired license, how to obtain a retired li - cense, and how a holder of a retired license may return to active status. Anticipated Benefits of Proposal Adopting a new $40 fee for a retired license will en- able the Board to issue retired architect licenses. The proposed revision to CCR

section 144 establishes the fee required to become a retired architect and enable licensees to use the protected titles of “architect re - tired” or “retired architect” at $40.

The distinction of a formal “retired” designation will provide the pub - lic an easy way to confirm that a licensee’s retirement was voluntary and not compelled by disciplinary ac - tion, provide licensees an appropriate distinction for their service in the profession, create an incentive for licensees to avoid suspension, revocation, or other re - striction on their licenses at the end of their profes - sional career in order to earn that distinction, and en - able the Board to better focus its oversight and en - forcement activities on actively practicing licensees.

The establishment of a $40 fee is an amount lower than the cost to the Board (see Underlying Data and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 617 Fee Analyses) and will encourage more licensees to apply for retired licenses at the end of their profes - sional career instead of letting their licenses expire, resulting in greater benefits to the public for the rea - sons stated above. The proposed adoption of CCR

section 109.1 would clarify the information architects seeking to retire and obtain a retired license and accompanying wall certifi- cate must provide to the Board. Adopting the proposed language will benefit licensees by setting the param - eters for who is eligible to apply for a retired archi - tect license and the process for obtaining that license and accompanying wall certificate. Further, adoption of this subsection enables the Board to place all stat - utory and regulatory requirements for eligibility for a retired license in one convenient location.

Finally, to help ensure that licensees maintain competency and are safe to return to active practice as well as to en - able the Board to sustain sufficient funding for over - sight, this proposal would set minimum requirements for restoration of the retired license to active status. Consistency and Compatibility with Existing State Regulations During the process of developing this regulato - ry proposal, the Board has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board antici - pates a minor revenue impact to the Board. The Board estimates it takes 30 minutes for an Office Technician to process each application with total costs of $47 per licensee, which results in costs ranging from $470 for 10 applicants and up to $2,021 for 43 applicants per year and up to $7,802 over a ten–year period.

The Board notes the total reported costs ($47) to provide the retired license status certificate is greater than the fee amount ($40) to be charged to applicants.

The Board is opting to charge a lower fee amount to retiring licensees, in part, because: ● Any workload and costs are minor as explained above (30 minutes for an Office Technician to process) ● Any additional revenues would be minimal ● The Board believes it is an important public pol - icy to acknowledge and provide a courtesy to these individuals Applicants will be required to pay a one–time fee of $40, which results in annual revenues ranging from $400 to $1,720 per year and up to $6,640 over a ten– year period.

This fiscal analysis does not attempt to es- timate revenue possibly lost when an architect chooses to retire and pay a $40 fee instead of a $300 renewal fee. The Board is assuming that an architect applying for a retired license would otherwise choose to not re- new and pay no fee at all. Please see Initial Statement of Reasons for further information. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None.

BUSINESS IMPACT ESTIMATES The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California business - es to compete with businesses in other states. There is no business impact because this proposed regulation will establish a regulation for the placement of a li - cense on a retired status for an architect who is not ac- tively engaged in practice or any activity that requires them to be licensed by the Board.

Since architects cur- rently choose to allow their licenses to lapse or cancel when they retire, there would be no effect on business- es when an individual chooses merely to change their license title to “retired.” The Board has approximately 21,934 licensees for the current fiscal year. The Board anticipates approxi- mately 43 licensees to request retired status during the first two years of implementation, and approximately 10 licensees to request retired status annually thereaf - ter.

Individuals that place their license in a retired sta- tus would have to pay a one–time fee of forty dollars ($40) to process the application. The Board assumes these individuals would otherwise allow their active license to expire upon retiring and not incur addition - al costs. To restore a retired status license to active, the licensee would have to pay the renewal fee of $300, as well as any delinquency fee (if applicable). The $300 would be a biannual cost for the duration of the ac - tive status.

However, existing law already requires that licensees who wish to reactivate their license have to pay these fees. As a result, this regulation will not cause any individual to incur any additional costs as a result of this regulatory proposal.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 618 Cost Impact on Representative Private Person or Business: The cost impacts that a representative private per - son or business would necessarily incur in reason - able compliance with the proposed action and that are known to the Board are as follows: individuals that choose to place their license in a retired status would have to pay a one–time fee of forty dollars ($40) to process the application.

To restore a retired status li - cense to active, the licensee would have to pay the re- newal fee of $300, as well as any delinquency fee (if applicable). The $300 would be a bi–annual cost for the duration of the active status. However, existing law already requires that licensees who wish to reactivate their license have to pay these fees. As a result, this regulation will not cause any individual to incur any additional costs as a result of this regulatory proposal. Effect on Housing Costs: None.

Business Reporting Requirements This regulatory proposal does not require business - es to file a report with the Board. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: As explained further below, the Board has deter - mined that this regulatory proposal will not create or eliminate jobs, will not create new business or elimi - nate existing businesses, and will not affect the expan- sion of businesses currently doing business within the State of California.

This regulatory proposal will have the following effects: ● It will not create or eliminate jobs within the State of California because the regulations are aimed at licensees who are choosing to leave the profes - sion by retiring.

Since architects currently choose to renew or allow their licenses to lapse or can - cel when they retire, there would be no effect on the workforce related to a mere change in title to “retired.” ● It will not create new businesses or eliminate ex - isting business within the State of California be - cause the regulations are aimed at licensees who are choosing to leave the profession by retiring.

Since architects currently choose to renew or al - low their licenses to lapse or cancel when they re- tire, there would be no effect on businesses due to these regulations. ● It will not affect the expansion of business - es currently doing business within the State of California because the regulations are aimed at licensees who are already choosing to leave the profession by retiring.

The proposal will simply establish a regulation for the placement of a li - cense on a retired status for an architect who is not actively engaged in practice as an architect or any activity that requires them to be licensed by the Board and meets other requirements. Effect on Small Business The Board has determined that the proposed reg - ulations will not affect small businesses because this proposal only allows an architect who is not actively engaged in practice as an architect or any activity that requires them to be licensed by the board to place their license on retired status.

Benefits of Regulation The Board has determined that this proposal would affect individuals in that licensees who are leaving the profession may legally refer to themselves as a “re - tired architect” without violating BPC 5600.4(

b) by using that protected title. The regulatory proposal does not affect worker safety or the state’s environ - ment. Further, if a consumer is searching for an archi- tect that they have seen through the public data base, if a “retired” status is shown the consumer would know the architect is no longer allowed to practice. This pro- posal would also alleviate confusion for the public re- garding the true status of an individual who does not wish to abandon his or her license, but rather simply retire from practice. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must deter - mine that no reasonable alternative it considered to the regulation 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 pro - posed, would be as effective and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834. A VAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regula - tory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based. This ma- terial is contained in the rulemaking file and may be obtained upon request by contacting the person desig- nated in the Notice under Contact Person.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 619 TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board from the per - son and at the address designated in the Notice under Contact Person or by accessing the Board’s website listed below.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the insistence of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi - fy such proposals if such modifications are sufficient- ly related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly in - dicated, will be available for review and written com - ment for 15 days prior to its adoption from the per - son designated in this Notice as Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contact - ing the Contact Person named below. You may ob - tain a copy of the Final Statement of Reasons once it has been prepared by making a written request to the Contact Person named below or by accessing the web- site listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to the following Board representative: Name: Kimberly McDaniel Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 471–0768 Fax Number: (916) 575–7283 E–Mail Address: Kimberly.Mcdaniel@dca.ca.gov The backup contact person is: Name: Marccus Reinhardt Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: (916) 471–0764 Fax Number: (916) 575–7283 E–Mail Address: marccus.reinhardt@dca.ca.gov Website Access: Materials regarding this propos - al can be found at https://www.cab.ca.gov/news/laws/ proposed_regulation.shtml.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR LIVE WILLOW SEDIMENT BAFFLES & BRUSH/WOOD GULLY GRADE CONTROL PROJECT (TRACKING NUMBER: 1653–2022–092–001–R1) MENDOCINO COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 5/17/2021, that Ridge to River Environmental Services, on behalf of Sheri and Joe Hansen, proposes to carry out a habi- tat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project in- volves installing 6 to 10 live willow siltation baffles to address bank erosion and installing brush checkdams to repair an actively eroding gully. The proposed proj- ect will be carried out on Rancheria Creek, located at 18450 Highway 128, Yorkville, Mendocino County, California. On 10/28/2021, the North Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Live

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 620 Willow Sediment Baffles & Brush/Wood Gully Grade Control Project. The Regional Water Board deter - mined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibili - ty requirements for coverage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1B21232WNME; ECM PIN Number CW–877465) for coverage under the General 401 Order on 1/20/2022.

Ridge to River Environmental Services is request - ing a determination that the project and associated documents are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW deter - mines the project is complete, Ridge to River will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

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

section 1652. DEPARTMENT OF TOXIC SUBSTANCES CONTROL The mission of DTSC is to protect California’s peo- ple and the environment from harmful effects of tox - ic substances through the restoration of contaminat - ed resources, enforcement, regulation and pollution prevention. Former Porcelain Metals Corporation A.K.A.

Cameo Site Prospective Purchaser Agreement and Covenant Not to Sue 6904 East Slauson Avenue, Commerce, California 90040 PUBLIC COMMENT PERIOD: May 27, 2022 through June 26, 2022 The Department of Toxic Substances Control (“DTSC”) invites the public to review and com - ment on the Prospective Purchaser Agreement and Covenant Not to Sue (“Agreement”) between DTSC and Commerce Energy Storage, LLC regard - ing the Site of Former Porcelain Metals Corporation A.K.A. Cameo, located at 6904 East Slauson Avenue, Commerce, California 90040.

DTSC, pursuant to its authority under Health and Safety Code Sections 25300 et seq., 58009 and 58010, proposes to enter into the Agreement with Commerce Energy Storage, LLC regarding the Site. The purpose of the Agreement is to settle and resolve the potential liability of Commerce Energy Storage, LLC for exist- ing contamination at the Site which would otherwise result from Commerce Energy Storage, LLC becom - ing property owner and operator of the Site.

Under the proposed Agreement, Commerce Energy Storage, LLC will ensure cleanup of the parcels men - tioned above occurs, subject to certain conditions and reservations. In consideration for this clean up, DTSC will covenant not to sue Commerce Energy Storage, LLC for claims relating to existing contamination at the Site and arising from ownership of the Site, sub - ject to certain conditions and reservations. The pro - posed Prospective Purchaser Agreement includes con- tribution protection provided by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

section 113(f)(2), 42 U.S.C. § 9613(f)(2). Commerce Energy Storage, LLC covenants not to sue DTSC for claims including reimbursement from the Hazardous Waste Control Account, Hazardous Substance Account, or Hazardous Substance Cleanup Fund, claims under sections 107 or 113 of CERCLA or

section 7003 of the Resource Conservation and Recovery Act, or any other claims arising out of re - sponse activities at the Site. DTSC will consider public comments received during the public comment period on the Agreement. DTSC may withdraw consent the Agreement if such comments disclose facts or considerations that in - dicate the Agreement is inappropriate, improper or inadequate. WHERE DO I SUBMIT MY COMMENTS? DTSC will consider comments that are postmarked or received by June 26, 2022.

Please submit comments by June 26, 2022 to: Ahmad Abou Ghaida, Project Manager Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311 Ahmad.Aboughaida@dtsc.ca.gov You may view documents at the following locations: The Agreement and background documents may be examined on the DTSC EnviroStor website at: https:// www.envirostor.dtsc.ca.gov/public/profile_report. asp?global_id=19390043 You may also review documents in the File Room at DTSC’s Chatsworth office (by appointment only) lo - cated at:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 621 Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311 Call (818) 717–6521 or email ChatsworthFileRoom@ dtsc.ca.gov for an appointment CONTACT INFORMATION For Site information: Ahmad Abou Ghaida, DTSC Project Manager, Ahmad.Aboughaida@dtsc.ca.gov

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

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Fish and Game Commission File # 2022–0506–01 Incidental Take of Southern California Steelhead This emergency rulemaking by the Fish and Game Commission adopts

section 749.13 in title 14 of the California Code of Regulations.

Section 749.13 autho- rizes the incidental take of Southern California steel - head under specified circumstances, and subject to certain terms and conditions, during the species’ can - didacy under the California Endangered Species Act. Title 14 Adopt: 749.13 Filed 05/16/2022 Effective 05/16/2022 Agency Contact: Jennifer Greaves ( 916) 653–4899 Department of Finance File # 2022–0428–03 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing.

Title 02 Amend: 37000 Filed 05/17/2022 Effective 06/16/2022 Agency Contact: Larissa Stockton ( 916) 445–3368 Fair Political Practices Commission File # 2022–0426–04 Eligibility Requirements and Considerations This action without regulatory effect corrects the subsection hierarchy by amending a skipped letter. Title 02 Amend: 18360.1 Filed 05/18/2022 Effective 05/18/2022 Agency Contact: Amanda Apostol ( 916) 324–3854 Speech–Language Pathology and Audiology and H earing Aid Dispensers Board File # 2022–0408–01 Board Location (Permit Reform Act) This action without regulatory effect changes the of- fice address.

Title 16 Amend: 1399.101, 1399.150.1, 1399.160.6 Filed 05/17/2022 Effective 05/17/2022 Agency Contact: Heather Olivares ( 916) 263–2333 Veterinary Medical Board File # 2022–0407–03 Updated Fees This non–substantive action by the Veterinary Medical Board updates fees for veterinary premises, veterinarians, and veterinary technicians consistent with Assembly Bill 1535 (Stats. 2021, Ch. 631).

Title 16 Amend: 2070, 2071, 2071.1 Filed 05/17/2022 Agency Contact: Jeffrey Olguin ( 916) 282–6893 California Highway Patrol File # 2022–0427–06 Explosive Stops This action amends the list of Safe Stopping and Parking Places for the transportation of explosives along designated routes in the state pursuant to Vehicle Code

section 31616. Title 13 Amend: 1153 Filed 05/11/2022 Effective 05/11/2022 Agency Contact: Tian–Ting Shih ( 916) 843–3400 Department of Developmental Services File # 2022–0330–01 Early Intervention Services —

Part C This action makes changes to align with the re - quirements of

Part C of the federal Individuals with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 622 Disabilities Education Act (20 U.S.C.

Section 1431 et seq.) and applicable federal regulations contained in

Part 303 (commencing with

Section 303.1) of Title 34 of the Code of Federal Regulations in order to quali - fy for federal grant funding for early intervention ser - vices for infants and toddlers.

Title 17 Amend: 52000, 52082, 52109, 52162 Filed 05/12/2022 Effective 05/12/2022 Agency Contact: Amy Whiting (916) 654–4418 Department of Managed Health Care File # 2022–0406–02 Annual, Quarterly, and Monthly Financial Reporting In this action the Department of Managed Health Care (DMHC) is incorporating by reference four doc- uments, consisting of three financial reporting forms and an instruction manual, as follows: the “Annual DMHC Financial Reporting Form” (Annual Report), the “Quarterly DMHC Financial Reporting Form” (Quarterly Report), the “Monthly DMHC Financial Reporting Form” (Monthly Report), and the “Annual, Quarterly, and Monthly Reporting Forms Instruction Manual” (Instruction Manual).

This rulemaking ac - tion also identifies the frequency with which financial reports must be filed as well as the requirements a plan must meet to discontinue filing monthly reports. The instruction manual advises health plans how to com - plete the reports and address miscellaneous matters, such as which reports must be audited.

Title 28 Adopt: 1300.84.03, 1384.1 Amend: 1300.84.06, 1300.84.2, 1300.84.3 Filed 05/18/2022 Effective 07/01/2022 Agency Contact: Fabiola Murillo (916) 324–8176 Department of Social Services File # 2022–0404–01 Emergency Intervention in Adult Programs This regular rulemaking action by the Department of Social Services adopts and amends requirements for the use of Emergency Interventions in Adult Day Programs.

Title 22, MPP Adopt: 82100, 82101, 82102, 82122, 82161, 82165, 82168, 82168.2, 82168.3, 82169, 82175 Amend: 82000, 82061, 82068.2 Filed 05/16/2022 Effective 07/01/2022 Agency Contact: Kenneth Jennings (916) 651–8862 Fish and Game Commission File # 2022–0329–01 California Grunion This rulemaking action by the Fish and Game Commission revises the fishing season for grunion and sets the bag limit at 30 grunion.

Title 14 Amend: 27.60, 28.00 Filed 05/11/2022 Effective 06/01/2022 Agency Contact: David Haug (916) 902–9286 Dental Hygiene Board of California File # 2022–0407–02 Unprofessional Conduct This rulemaking action by the Dental Hygiene Board of California defines conduct that qualifies as unprofessional conduct.

Title 16 Adopt: 1138.1 Filed 05/16/2022 Effective 07/01/2022 Agency Contact: Adina Pineschi–Petty (916) 516–5537 Secretary of State File # 2022–0329–02 Access to Voter Registration Information This action by the Secretary of State repeals and adopts regulations regarding access to voter registra - tion information.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 21-Z 623 Title 02 Adopt: 19001, 19002, 19003, 19004, 19005, 19006, 19008, 19009, 19010, 19011, 19012, 19013 Repeal: 19001, 19002, 19003, 19004, 19005, 19006, 19007, 19008, 19009 Filed 05/11/2022 Effective 07/01/2022 Agency Contact: Robbie Anderson (9 16) 216–6488 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit www.oal.ca.gov.