California Regulatory Notice Register — Register 2024, No. 4-Z (JANUARY 26, 2024)

Cal. Reg. Notice Reg. 2024, No. 4

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 4–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 26, 2024 PROPOSED ACTION ON REGULATIONS TITLE 14. FISH AND GAME COMMISSION Waterfowl — Notice File Number Z2024–0116–01 ....................................................... 73 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Hunger Strike — Notice File Number Z2024–0110–01 .................................................... 76 TITLE 16.

BUREAU OF AUTOMOTIVE REPAIR Consumer Assistance Program Incentive Increases — Notice File Number Z2024–0111–03 ...................... 78 MPP .

DEPARTMENT OF SOCIAL SERVICES Early Eligibility and Reporting Requirements for Pregnancy and Increase to the Pregnancy Special Need (PSN) Payment Amount — Notice File Number Z2024–0116–02 ................................. 82 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Deer Island Basin Complex Tidal Wetland Restoration Project — Phase 1 Baird Ponds, RMP–2023–0011–R3, County of Marin ................................................................ 85 PETITION DECISION BOARD OF PAROLE HEARINGS Response to Request for Reconsideration of Petition Decision 2023–02–R–01 ................................. 86

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ............................................................ 88 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 $338.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 73 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 265 and 355 of the Fish and Game Code and to implement, interpret or make spe - cific sections 265, 355, and 356 of said Code, propos- es to amend

Section 502, Title 14, California Code of Regulations (CCR), relating to Waterfowl, Migratory; American Coot and Common Moorhen (Common Gallinule). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current regulations in

Section 502, Title 14, CCR, provide

definitions, hunting zone descriptions, season opening and closing dates, and daily bag and posses - sion limits for hunting of waterfowl. The proposed Frameworks for the 2024–25 season were approved by the four regional Flyway councils in August 2023 and at the U.S. Fish and Wildlife Service’s (Service) Regulations Committee meeting in October 2023. The Frameworks allow for a liberal duck season which in- cludes: a 107–day season; a 7 daily duck limit includ- ing 7 mallards but only 2 hen mallards, 1 pintail, 2 canvasback, 2 redheads, and 2 scaup (during an 86– day season); and closing no later than January 31.

The duck daily bag limits and season length, as well as the season lengths for geese, are provided as ranges to allow the Commission flexibility in determining the final regulations. A range of season length and bag limit (zero bag limit represents a closed season) are also provided for black brant. The range is necessary, as the black brant Framework cannot be determined until the Pa - cific Flyway Winter Brant Survey is conducted in January 2024. The black brant regulatory package is determined by the most current Winter Brant Sur - vey, rather than the prior year survey.

The proposed season length and bag limit will be updated per the Black Brant Harvest Strategy pending results of the January 2024 survey. See the

Summary of Proposed Waterfowl Hunting Regulations for 2024–25 table in the Initial Statement of Reasons. Lastly, Federal regulations provide that California’s hunting regulations shall conform to those of Arizona in the Colorado River Zone and those of Oregon in the North Coast Special Management Area. The Department–recommended changes to

Section 502 are: 1) Decrease the duck season length to 98 days in subsection 502(d)(2)(

B) for the Southern San Joa- quin Valley Zone, in subsection 502(d)(3)(

B) for the Southern California Zone, and in subsection 502(d)(5)(

B) for the Balance of State Zone. 2) Decrease the goose season length to 98 days in subsection 502(d)(2)(

B) for the Southern San Joa- quin Valley Zone and in subsection 502(d)(3)(

B) for the Southern California Zone. 3) Allow geese to be taken during Veterans and Active Military Personnel Waterfowl Hunting (VAMP) Days in subsection 502(f)(1)(B)4. for the Balance of State Zone. 4) Allow up to five days of falconry–only season in subsection 502(g)(1)(

B) for the Southern San Joa- quin Valley, Southern California and Balance of State zones. In addition, an alternative was offered by the pub - lic regarding timing of the Late Season for geese in subsection 502(d)(5)(

B) for the Balance of State Zone. The proposal was to move the Late Season for geese to coincide with VAMP Days in subsection 502(f)(1)(B)4. Two options have been provided for consideration in the regulatory text to both subsec - tions: option 1 retains the closure of geese on Type A and B wildlife areas during the Late Season and does not allow geese during VAMP Days; option 2 allows goose hunting during the Late Season on Type A and B wildlife areas and allows geese during VAMP Days.

The Department has recommended to maintain the timing and length for the Early and Late goose sea - sons, and a 98–day Regular Season for geese. This allows goose hunting during the two VAMP days (see item 3 above). However, in the following seasons (2025–26 and later), the Regular Season length may be subject to increases so excess goose days for VAMP Days are reduced or eliminated. For the 2025–26 sea - son, the Late Season would have to be reduced to allow geese during VAMP Days in addition to ducks.

Prior to moving the Late Season, the Department would like feedback from the agricultural community on the ef - fectiveness of the regulation to alleviate crop depreda- tion. The Department is concerned about reducing the effectiveness of the Late Season for geese, regulation complexity, and enforcement concerns.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 74 Minor editorial changes are also proposed to clarify and simplify the regulations and to comply with exist- ing federal Frameworks. A

summary of proposed waterfowl hunting regula - tions for 2023–24 in table format is available in the Initial Statement of Reasons. Benefits of the regulations The benefits of the proposed regulations are consis- tency with federal law and the sustainable manage - ment of the state’s waterfowl resources. Continued benefits to jobs and/or businesses that provide ser - vices to waterfowl hunters will be realized with the continued adoption of waterfowl hunting seasons in 2024–25.

Evaluation of incompatibility with existing regulations The Commission has reviewed its regulations in Ti- tle 14, CCR, and conducted a search of other regula - tions on this topic and has concluded that the proposed amendments to

Section 502 are neither inconsistent nor incompatible with existing State regulations. No other State agency has the authority to promulgate wa- terfowl hunting regulations. PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before April 4, 2024 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Com - mission office, must be received before 12:00 noon on April 12, 2024.

If you would like copies of any mod - ifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090. Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Re- sources Headquarters Building, Second Floor, 715 P Street, Sacramento, California, which will commence at 9:00 a.m. on Wednesday, February 14, 2024 and may continue at 8:30 a.m., on Thursday, February 15, 2024.

This meeting will also include the opportunity to participate via webinar/teleconference. Instructions for participation in the webinar/teleconference hear - ing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information.

NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writing, relevant to this action at a hearing to be held in San Jose, California, which will commence at 8:30 a.m. on Wednesday, April 17, 2024, and may continue at 8:30 a.m., on Thursday, April 18, 2024. The exact location of this meeting has not yet been determined. As soon as this information is available but not less than ten days before the hearing, a continuation notice will be sent to interested and affected parties providing the exact location.

The continuation notice will also be published on the Commission’s website. Please refer to the Commission meeting agenda, which will be avail- able at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, California 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries con - cerning the regulatory process to Melissa Miller– Henson or Maurene Trotter at FGC@fgc.ca.gov or at the preceding address or phone number.

Mela- nie Weaver, Senior Environmental Scientist, De - partment of Fish and Wildlife, (916–502–1139 or Melanie.Weaver@wildlife.ca.gov) has been desig - nated to respond to questions on the substance of the proposed regulations. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption.

Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 355 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time pe - riods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.1, 11346.4, and 11346.8 of the Government Code. Any person inter - ested may obtain a copy of said regulations prior to the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 75 date of adoption by contacting the agency representa - tive named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff. IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations are expected to main - tain a similar level of recreational waterfowl hunting opportunity for the public. Shifting days for general duck season affects available days for falconry–only seasons, which must also be adjusted annually so total season length does not exceed 107 days. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses, or the expansion of businesses in California.

The pro - posed waterfowl regulations will set the 2024–25 wa - terfowl hunting season dates and bag limits within the federal Frameworks. The total hunting season length of 107 remains the same, with only modifications to the season types (duck, goose or falconry–only) will have little to no impacts to jobs and/or businesses that provide services to waterfowl hunters. The Commis - sion anticipates that the proposed 2024–25 waterfowl hunting regulations provide benefit for the health and welfare of California residents by providing oppor - tunity for outdoor activity.

The Commission expects no benefits to worker safety but does expect benefit to the environment in that setting these regulations fa - cilitates maintenance of sufficient waterfowl popula - tions and their habitats while providing for the public’s beneficial use and enjoyment. The most recent Service National Survey of Fishing, Hunting, and Wildlife– Associated Recreation for California estimated that migratory bird hunters contributed about $169 million to the state economy during the 2011 migratory bird hunting season.

However, minor variations in hunting regulations such as the ones proposed for waterfowl are, by themselves, unlikely to provide notable eco - nomic stimulus to the state. Businesses that support waterfowl hunting are generally small businesses employing a few individuals and, like all small busi - nesses, are subject to failure for a variety of causes. The long–term intent of the proposed regulations is to sustainably manage waterfowl populations, and con - sequently, the long–term viability of the same small businesses. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that Are Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis - sion has drafted the regulations in Plain English pur - suant to Government Code Sections 11342.580 and 11346.2(a)(1). CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, 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 action, or would

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 76 be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Re - habilitation (CDCR or the department), proposes to adopt sections 3298, 3298.1 and 3298.2 into Title 15, Division 3,

Chapter 1, regarding Hunger Strikes. PUBLIC COMMENT PERIOD The public comment period begins January 26, 2024 and closes on March 13, 2024. Any person may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment period. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact A. Colavita Telephone: (916) 322–8344 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 Contacts T. Ramsey Telephone: (916) 445–8282 Division of Adult Institutions P.O. Box 942883 Sacramento, CA 94283–0001 PUBLIC HEARING Date and Time: March 13, 2024 — 10:00 a.m. to 11:00 a.m. Place: Department of Corrections and Rehabilitation Room 150N 1515 S Street — North Building Sacramento, CA 95811 AUTHORITY AND REFERENCE Government Code

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

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

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

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

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

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

Section 5058.3 authorizes the Director to certify in a written statement filed with Office of Administrative Law that operational needs of the department require adoption, amendment, or repeal of regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The proposed regulations include establishing the rules custody staff shall follow when incarcerated per- sons engage in hunger strikes. This action will: ● Define hunger strike terms for clarity to ensure understanding of terms and standardized usage. ● Require use of new CDCR Form 128–HS, Initial Hunger Strike Chrono (12/23) to capture import - ant data that will be utilized by health care and custody staff.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 77 DOCUMENTS INCORPORATED BY REFERENCE ● CDCR Form 128–HS (12/23), Initial Hunger Strike Chrono. SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS Defining hunger strike terminology and providing departmental rules for hunger strikes resolves ambi - guities and clarifies standardized processes for depart- ment staff. CDCR Form 128–HS will capture import - ant data regarding the reasons why an incarcerated person is on hunger strike, which will be utilized by health care and custody staff to help resolve and pre - vent future hunger strikes.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations are not inconsistent or incompatible with existing reg- ulations. After conducting a review for any regulations that would relate to or affect this area, the department has concluded that these are the only regulations that concern Hunger Strikes. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate, which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500–17630.

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

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

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The department has made an initial determination that this action will not have a significant statewide adverse economic impact on business, including the ability of California businesses to compete with busi - nesses in other states because the proposed regulations affect the internal management of CDCR only, and place no requirements or restrictions on businesses. 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 within California, or effect the expansion of businesses cur - rently doing business in California. The department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

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

Interested persons are invit- ed to present statements or arguments with respect to any alternatives to the changes proposed at the sched - uled hearing or during the written comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 78 AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The department has prepared and will make avail - able the text and the Initial Statement of Reasons (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon request directed to the department’s contact per- son.

The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the depart- ment’s website: www.cdcr.ca.gov. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the depart - ment’s contact person. AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice.

If the department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the department adopts, amends or repeals the regulations as revised. Requests for copies of any modified reg - ulation text should be directed to the contact person indicated in this Notice. The department will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16.

BUREAU OF AUTOMOTIVE REPAIR CONSUMER ASSISTANCE PROGRAM INCENTIVE INCREASES NOTICE IS HEREBY GIVEN that the Bureau of Automotive Repair (Bureau/BAR) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Over - view, after considering all comments, objections, and recommendations regarding the proposed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

The Bureau will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized 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 Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Bureau at its office no later than Tuesday, March 12, 2024, by 5:00 p.m., or must be received by the Bureau at the hearing, should one be scheduled. AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC)

section 9882 and Health and Safety Code (HSC) sections 44001.5, 44002, 44062.3, 44091, and 44094, and to implement, interpret and make specific HSC sections 44001.3, 44005, 44010.5, 44011, 44012, 44014.2, 44014.7, 44015, 44017, 44017.1, 44037.1, 44062.1, 44062.3, 44091, 44092, 44093, 44094, 44095, and 44125, the Bureau is proposing to adopt the following changes to California Code of Regulations Title 16, Division 33,

Chapter 1,

Article 11. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Bureau of Automotive Repair (Bureau/BAR), within the Department of Consumer Affairs, is the state agency charged with implementation and admin- istration of the Smog Check Program. The Program is designed to reduce air pollution from mobile sources, such as passenger vehicles and light–duty trucks. In order to assist vehicle owners in complying with the provisions of the Smog Check Program, the Bureau is also charged with administering the Consumer As - sistance Program (CAP) pursuant to Health and Safety Code (HSC) sections 44062.1 and 44062.3.

CAP has two components: Vehicle Retirement Program (VR) and Repair Assistance Program (RA). Through VR, a vehicle owner can currently retire a failing vehicle for either $1,000 or $1,500, if they meet income eligibility requirements. Through RA, a low–income vehicle owner who meets CAP’s eligibil- ity requirements and chooses to repair a vehicle after

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 79 it fails a biennial Smog Check inspection may receive up to $900 toward emission related repairs on a 1995 and older vehicle and up to $1,200 toward emissions– related repairs on a 1996 and newer vehicle at a STAR– certified test–and–repair station operating under an agreement with the Bureau. Both programs reduce air pollution and assist vehicle owners whose vehicles fail the Smog Check inspection.

Over the past four years, inflation increases have re- duced participation in the VR program and reduced the scope of repairs that can be made within the RA program. This proposal seeks to restore incentives and contributions to their prior value, preserving the viability of these important air pollution control programs. Inflation and its Impact on Used Vehicle Prices Since 2011, general inflation as measured by the Consumer Price Index for All Urban Consumers — All Items (CPI–

U) increased by 30%. From 2010 through 2019 used vehicle prices re - mained relatively flat and the CPI for Used Cars and Trucks (CPIUTC) was around the same as it was in 2010. This changed in 2020. Between July of 2020 and July of 2021, used vehicle prices caught up with general inflation. During this pe- riod CPIUTC increased abruptly by over 40%. Although used vehicle price increases have begun to moderate, it is unlikely that prices will decrease to 2011 levels.

Impact of Rising Used Car Prices on Vehicle Retirement Programs While used vehicle prices remained flat during 2010–2019, demand for vehicle retirement exceeded program funding. After used prices started increasing in 2020, vehicle retirements began to decline. Between July of 2020 and July of 2023, annual CAP vehicle retirements decreased by over 60%. Many mo- torists find the current incentive is insufficient to assist with the purchase of a replacement vehicle; others find they can sell their vehicle for more than the incentive amount.

Proposal to Raise Incentives and Restore Participation in Vehicle Retirement Raising incentive amounts is a reasonable option for restoring participation, and it is in keeping with BAR’s statutory authority. Restored participation will support the goal of removing older high–polluting ve- hicles from California roadways. It will also provide necessary support for the Smog Check Program by as- sisting consumers to replace failing vehicles. This proposal will raise the incentive amount based upon the change in the CPI UTC from January 2011 through the first half of 2023.

It also provides a pro - cess for inflation adjustment every three years begin - ning in 2028. Impact of Rising Maintenance and Repair Costs on the Repair Assistance Program RA helps low–income vehicle owners by making relatively low–cost repairs to vehicles that fail the Smog Check inspection. Many failing vehicles are mechanically sound and can be cost–effectively re - paired for far less than the cost of replacing a vehicle.

Proper repairs can result in a significant reduction in harmful vehicle emissions and allow owners to regis - ter their vehicles with Department of Motor Vehicles with valid Smog Check certifications. Repair Assistance contributions were last raised in August 2020. Since that time the Consumer Price Index for Motor Vehicle Maintenance and Repair (CPIMVMR) has increased by 22%, which reduc - es the repairs possible within the repair assistance contribution.

Proposal to Increase Contributions to Ensure the Continued Effectiveness of RA This proposal restores Repair Assistance contribu - tions to their 2020 value and provides a process for inflation adjustments every three years beginning in 2028. The Bureau proposes to amend sections 3394.3, 3394.4, and 3394.6 of

Article 11 of

Chapter 1 of Divi- sion 33 of Title 16 of the California Code of Regula - tions (CCR).

Section 3394.3 will: ● Increase Vehicle Retirement program incentives for low–income motorists from $1,500 to $2,000. ● Increase Vehicle Retirement program incentives for other motorists from $1,000 to $1,350. ● Increase Repair Assistance program contribu - tions to from $900 to $1,100 for 1995 and older vehicles and from $1,200 to $1,450 for 1996 and newer vehicles. ● Allow BAR to increase Vehicle Retirement in - centives once every three years, provided Vehicle Retirement expenditures for the fiscal year pre - ceding the adjustment were less than 90% of that year’s appropriation to the Vehicle Retirement

Schedule of the High Polluter Repair or Remov - al Fund, no appropriation reductions are planned for the fiscal year of the adjustment, and there has been a 10% increase in the related series of the Bureau of Labor Statistics consumer price index since the last adjustment. ● Allow BAR to increase Repair Assistance con - tributions once every three years, provided Re - pair Assistance expenditures for the fiscal year preceding the adjustment were less than 90% of that year’s appropriation to the Repair Assistance

Schedule of the High Polluter Repair or Remov - al Fund, no appropriation reductions are planned for the fiscal year of the adjustment, and there has

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 80 been a 10% increase in the related series of the Bureau of Labor Statistics consumer price index since the last adjustment.

Section 3394.4 will: ● Remove the eligibility restriction preventing mo- torists from participating more than once in the Repair Assistance Program.

Section 3394.6 will: ● Unincorporate the CAP application and list the application requirements in regulation. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The amendment to

Section 3394.3 will adjust VR incentives and RA contributions for inflation, restor - ing their value to that which was provided at the time of their last increases in 2011 and 2020 respectively. This will increase program participation and in VR and ensure continued participation in RA. This will also contribute to the continued pollution reduction benefits of both programs. The amendment provides a mechanism to periodi - cally increase incentive amounts in order to keep the value of retirement incentives and repair assistance contributions constant, stabilizing program participa - tion.

This mechanism will decrease the need for un - necessary regulatory filings. This proposal will allow the Bureau to evaluate and adjust VR incentives and RA contribution amounts once every three years, beginning in July 2028, based upon inflation, program expenditures, and the stabili - ty of VR and RA appropriation. It will compensate for any significant price inflation (over 10%) as measured from the time of the last adjustment. If that measure - ment is under 10% on the designated date, there would be no change in incentive amount for the next three years.

The three–year period has been chosen to coincide with the timing of BAR’s dismantler contracts which expire every three years. This will reduce the costs of implementing the adjustments. The adjustment will be made based upon the chang- es in annual CPIUTC and CPIMVMR indexes between the year prior to the adjustment and the year prior to the last adjustment. This should mitigate the impact of any short–term index volatility. The amendment to

Section 3394.4 will help addi - tional low–income motorists repair their vehicles to pass their biennial Smog Check. It reduces air pollu - tion while allowing low–income participants to meet vital transportation needs. Currently, many of the individuals who need this program the most are excluded because they previ - ously participated in the RA program with the same vehicle. This restriction no longer serves a purpose. This proposal would eliminate the RA program eli - gibility restriction and allow low–income motorists to participate more than once with the same vehicle. The number of times a low–income person or vehi - cle may participate in the RA program is not limited by statute.

Section 3394.6 will establish the required informa - tion in regulation for those applying for Vehicle Re - tirement, the Bureau is providing a more straightfor - ward and transparent application process. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, BAR 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 The proposed regulations are intended to increase financial incentives for individuals to participate in the CAP.

Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Bureau anticipates the proposed regulatory ac - tion will result in program expenditures beginning in 2024–25 as follows: ● Vehicle Retirement: o 2024–25 through 2027–28 — $34.7 million annually ● Repair Assistance: o 2024–25 through 2027–28 — $5.9 to $6.7 million annually Because the Bureau is currently administering the CAP, the regulations do not result in additional work- load or costs related to the implementation, adminis - tration, and enforcement of the proposed regulatory changes.

BAR does not have an estimate of costs related to future CPI adjustments at this time, but notes, the CPI adjustments are intended to sustain the CAP as a vi - able option for Californians against escalating prices for used vehicles. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 81 Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Effect on Housing Costs: None. Business Impact: BAR has made the initial determination that the proposed regulations will not have a significant state - wide adverse economic impact directly affecting busi- nesses including the inability of California businesses to compete with businesses in other States. The initial determination is based on the fact that this proposal is designed to increase the number of participants in the CAP.

If anything, this proposal will provide a minor increase in business revenue due to increasing incen - tive amounts and allowing the same vehicle to partici- pate in the CAP more than once. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. Business Reporting Requirements: The regulatory action does not require businesses to file a report. Effect on Housing Costs: None.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS This regulatory proposal is intended to increase fi - nancial incentives for individuals to participate in the CAP and may increase revenues for business provid - ing these services.

The regulations will increase incentives per vehicle as follows: Vehicle Retirement: ● Low Income: Increase from $1,500 to $2,000 ● All Others: $1,000 to $1,350 ● Includes Consumer Price Index escalator begin - ning 2028 Repair Assistance: ● Model Year 1976–1995 Vehicles: Increase from $900 to $1,100 ● Model Year 1996 or newer Vehicles: Increase from $1200 to $1,450 ● Includes Consumer Price Index escalator begin - ning 2028 ● Removes prohibition of previous participants from re–applying BAR has determined that this regulatory proposal will have the following effects: This regulatory proposal will have the following effects: ● It will not create or eliminate jobs within the State of California because it simply increases VR amounts, allows a vehicle to participate in RA more than once, and adds application compo- nents in regulation. ● It will not create or eliminate jobs or create new business or eliminate existing businesses within the State of California because it simply increas - es VR amounts, allows a vehicle to participate in RA more than once, and adds application compo- nents in regulation. ● It will not affect the expansion of businesses cur- rently doing business within the State of Califor - nia because it simply increases VR amounts, al - lows a vehicle to participate in RA more than once, and adds application components in regulation. ● It will not create new business or eliminate exist- ing businesses within the State of California be - cause it simply increases VR amounts, allows a vehicle to participate in RA more than once, and adds application components in regulation. ● It will not affect the expansion of businesses cur- rently doing business within the State of Califor - nia because it simply increases VR amounts, al - lows a vehicle to participate in RA more than once, and adds application components in regulation. ● This regulatory proposal benefits the health and welfare of California citizens because it will re - duce the number of polluting cars on California roads and highways.

Also, applicants will know what will be requested on the application. ● This regulatory proposal does not affect worker safety because it is not relevant to worker safety. ● This regulatory proposal has a positive affect the State’s environment because it will reduce the number of polluting cars on California roads and highways. EFFECT ON SMALL BUSINESS These proposed regulations will likely increase revenue for STAR Test and Repair stations, which are typically small businesses due to increased RA participants. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), BAR must determine that no reason - able alternative to this proposed regulatory action it considered, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposal described

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 82 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 present statements oral - ly or in writing relevant to the above determinations at the above–mentioned hearing.

AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Bureau 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 is avail - able for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, any document incorporated by reference, the Initial Statement of Reasons, and all of the informa - tion upon which the proposal is based, may be ob - tained upon request from the Bureau of Automotive Repair, 10949 North Mather Boulevard, Rancho Cor - dova, California 95670.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the propos - als substantially as described below or may modify 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 person designated in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named above. You may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ- ten request to the contact person named above, or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed ad - ministrative action may be addressed to: The backup contact person is: Holly O’Connor Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8600 Email: Holly.OConnor@dca.ca.gov Kayla Shelton Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403–8600 Email: Kayla.Shelton@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can also be found on BAR’s Web site at https://www.bar.ca.gov/About_ BAR/Regulatory_Actions.aspx . MPP.

DEPARTMENT OF SOCIAL SERVICES ORD #0723–08 ITEM # EARLY ELIGIBILITY AND REPORTING REQUIREMENTS FOR PREGNANCY AND INCREASE TO THE PREGNANCY SPECIAL NEED (PSN) PAYMENT AMOUNT The California Department of Social Services (CDSS) hereby gives notice of the proposed regulato- ry action(

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

section

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 83 11346.8, and a public hearing will be held. Requests for a public hearing should be sent to: California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Tel: (916) 657–2856, Fax: (916) 653–7395 Email: ord@dss.ca.gov Statements or arguments relating to the proposals may be submitted in writing, email, or by facsimile to the address/number listed above. All comments must be received by March 12, 2024.

Following the public comment period, CDSS may thereafter adopt the proposals substantially as de - scribed below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period, and all persons who request notification. Please address requests for regulations as modified to the agency representative identified below.

Copies of the express terms of the proposed regula - tions and the Initial Statement of Reasons are available from the office listed above. This notice, the Initial Statement of Reasons and the text of the proposed reg- ulations are available on the internet at CDSS Public Comment Period for Proposed Regulations ( https:// www.cdss.ca.gov/inforesources/letters–regulations/ legislation–and–regulations/regulations–home– page/cdss–regulation–changes–in–process–and– completed–regulations/public–hearing–information ).

Additionally, all the information which CDSS consid- ered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed above. Following the public comment period, copies of the Final Statement of Reasons will be available at the above address. CHAPTERS CDSS Manual of Policies and Procedures, Sections 44–211, 44–316, 80–301 and 82–836.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW California Work Opportunity and Responsibility to Kids (CalWORKs) is a public assistance program that provides cash aid and services to eligible families that have a child(ren) in the home.

The proposed changes to the pregnancy regulations as implemented by AB 135 (Chapter 85, Statutes of 2021), AB 172 (Chapter 696, Statutes of 2021), and SB 187 (Chapter 50, Statutes of 2022) are as follows: ● Pregnant person only (PPO) applicants are eligi - ble to receive CalWORKs aid from the date of ap- plication regardless of pregnancy trimester, pro - vided they meet all other conditions of eligibility. ● Allows a PPO applicant who cannot provide med- ical verification of pregnancy at the time of appli- cation to submit a sworn statement or verbal at - testation to verify the pregnancy.

Medical verifi - cation would still be required within 30 working days following submittal of the sworn statement or verbal attestation. ● Requires recipients to report to the county welfare department (CWD), verbally or in writing, within 30 days following the end of their pregnancy. ● Allows pregnant recipients who cannot provide medical verification of pregnancy to submit a sworn statement or verbal attestation to verify the pregnancy to issue the pregnancy special need payment.

Medical verification would still be re - quired within 30 working days following submit- tal of the sworn statement or verbal attestation. ● Requires CWDs to provide information about, and referral to mental health services, including, but not limited to, services provided by the coun- ty human services agency. ● Increases the monthly pregnancy special needs payment (PSN) to $100. ● Allows the use of sworn statement or verbal at - testation for pregnant person applicants to be de - termined apparently eligible for temporary home- less shelter payment.

The benefits of this regulatory action to the health and welfare of California residents, worker safety, and the state’s environment are as follows: AB 135 and AB 172 expands eligibility for CalWORKs aid for PPO ap- plicants effective July 1, 2022, and authorizes all PPO applicants to initially satisfy the pregnancy verifica - tion requirement by means of a sworn statement or, if necessary, a verbal attestation.

Applicants who pro- vided a sworn statement, or verbal attestation, shall be required to provide medical verification of preg - nancy within 30 working days following submittal of the sworn statement/verbal attestation for benefits to continue. Additionally, AB 135 increases the monthly PSN payment to $100 effective May 1, 2022, which better reflects current economic inflation and benefits recipients experiencing poverty. AB 135 also aims to increase health outcomes for PPO applicants by allowing more convenient eligibil - ity options.

PPO applicants will have access to earlier pregnancy referrals and services and may also be con- sidered for the Home Visiting Program (HVP). HVP supports positive health, development and well–being

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 84 outcomes for pregnant and parenting individuals, fam- ilies, and infants born into poverty. In addition, SB 187 provides PPO applicants easier access to homeless services. There are no anticipated benefits to worker safety or the state’s environment. The department conducted a review of existing reg- ulations and evaluated the proposed regulations for any inconsistency or incompatibility.

The proposed regulations are neither inconsistent nor incompatible with existing state regulations but do fulfill the intent of the legislation in enacting AB 135, AB 172, and SB 187. COST ESTIMATE 1. Costs or Savings to State Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute. The 2023–24 Governor’s Budget includes $4,517,000 for assistance and $51,000 for services, totaling $4,568,000 for Reforming CalWORKs Aid to Pregnant Parents. 2.

Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: N/A 3. Nondiscretionary Costs or Savings to Local Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute. The 2023–24 Governor’s Bud- get includes $405,000 for assistance for Reform - ing CalWORKs Aid to Pregnant Parents. 4. Federal Funding to State Agencies: There is no fiscal impact from these regulations beyond what is already budgeted and enacted in statute.

The 2023–24 Governor’s Budget includes $11,281,000 for assistance and $1,375,000 for services, total - ing $12,656,000 for Reforming CalWORKs Aid to Pregnant Parents. LOCAL MANDATE STATEMENT These regulations do impose a mandate upon lo - cal county welfare agencies. There are no “state– mandated local costs” in these regulations which re - quire state reimbursement under

Section 17500 et seq. of the Government Code because any costs associated with the implementation of these regulations are costs mandated by the federal government within the mean- ing of

Section 17513 of the Government Code. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed action will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California busi - nesses to compete with businesses in other states. This determination was made based on the proposed regulatory action, which was designed to impact the CalWORKs population to aid and strengthen needy families towards achieving economic self–sufficiency.

STATEMENT OF POTENTIAL COST IMPACT ON 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. This regulatory action is designed to impact only the CalWORKs population in order to aid and strengthen needy families and there are no known expected costs associated to the individuals.

SMALL BUSINESS IMPACT STATEMENT The Department has determined that there is no im- pact on small businesses because of filing these regu - lations because these regulations are only applicable to state and county agencies. These regulations are mandated by AB 135 and AB 172 and are applicable to CalWORKs recipients; therefore, they do not have a cost impact on the private sector, including small businesses.

STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of Califor - nia nor result in the elimination of existing businesses or create or expand businesses in the State of Cali - fornia. The implementation of this regulatory action will benefit CalWORKs by allowing PPO applicants to become aided as of the application date which may improve pregnancy health outcomes. PPO applicants will have access to earlier pregnancy referrals and ser- vices and may also be considered for the HVP.

HVP supports positive health, development and well–being outcomes for pregnant and parenting individuals, fam- ilies, and infants born into poverty. Additionally, the PSN payment was increased to $100. This reflects bet- ter current economic inflation and benefits recipients experiencing poverty. STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 85 STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, the Department did not consider any other alternatives as there were no other alternatives proposed. These regulations are mandated by Welfare and Institutions Code sections 11450 adopted and/or amended by AB 135 and AB 172.

The Department must determine that no other rea - sonable alternative was identified and brought to the attention of the Department that would be more effec- tive in carrying out the purpose for which the regu - lations are proposed or would be less burdensome to affected private persons that the proposed action or would be more cost–effective to affected private per - sons and equally effective in implementing the statu - tory policy or other provisions of law. AUTHORITY AND REFERENCE CITATIONS CDSS adopts these regulations under the authori - ty granted in

Section 11450, Welfare and Institutions Code. Subject regulations implement and make specif- ic Sections 11450 and 11004, Welfare and Institutions Code. CDSS REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Everardo Vaca (916) 657–2586 Backup: Oliver Chu (916) 657–2586 EMERGENCY STATEMENT These regulations are to be adopted on an emer - gency basis. In order to allow interested persons an opportunity to submit statements or arguments con - cerning these regulations, they will be considered at public hearing in accordance with Government Code

section 11346.4.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE PROPOSED PROJECT ON A FULLY PROTECTED SPECIES DEER ISLAND BASIN COMPLEX TIDAL WETLAND RESTORATION PROJECT — PHASE 1 BIRD PONDS R M P–2023– 0011–R 3 COUNTY OF MARIN The Department of Fish and Wildlife (CDFW) re - ceived a project proposal on December 4th, 2023 from the Marin County Flood Control and Water Conserva- tion District requesting authorization to take the fully protected California black rail (Laterallus jamaicensis corturniculus), fully protected California Ridgway’s rail (Rallus longirostris obsoluteus), and fully protect- ed Salt–marsh harvest mouse (Reithrodontomys ravi- ventris) in an effort to recover fully protected, threat - ened, or endangered species.

The California black rail is also listed as threatened under the California En - dangered Species Act. The Salt–marsh harvest mouse and the California Ridgway’s rail are both listed as endangered under the California Endangered Species Act and under the federal Endangered Species Act. The Marin County Flood Control and Water Con - servation District proposes to restore tidal wetland habitats for special–status species by providing full tidal connectivity to diked areas along Novato Creek. The Novato Creek channel will be widened and new side channels will be created.

Adjacent levees will be lowered to create a range of marsh habitats that are inundated at different flows/tides. These levees will also be breached in multiple spots to increase tidal conveyance and sediment delivery to the ponds. Over time, the increased tidal conveyance and sediment de- livery is anticipated to allow the ponds to evolve into a mosaic of tidal wetlands and channel habitat. The Lynwood Levee, to the project’s south, will be regrad- ed to create a gradient of habitats, including upland, marsh, mudflat, and subtidal habitats.

Additionally, flood–protection levees bounding the restoration site will be improved as part of the project. The Project is

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 86 expected to result in an increase in 8.2 acres of tidal marsh, 5.8 acres of tidal channel, 22.0 acres of tidal open water, and 3.5 acres of transitional zone habitat. Proposed activities will include, but are not limited to, excavation of the Novato Creek channel and new side channels; lowering, removing, breaching, raising, and stabilizing existing levees; construction of eco - tone habitats along existing levees; dewatering of the ponds.

The proposed project will occur in the Deer Island Basin Complex, within the limits of the City of Novato, in the County of Marin, State of Califor - nia; Latitude 38.094218 and Longitude –122.546199. CDFW intends to issue, under specified conditions, a Restoration Management Permit (RMP) to authorize the applicant to carry out the proposed project. Pursuant to California Fish and Game Code

section 3511(a)(1) and California Fish and Game Code

section 4700(a)(1), CDFW may authorize take of fully protect- ed birds and mammals after 30 days’ notice has been provided to affected and interested parties through publication of this notice. If CDFW determines that the proposed project is consistent with the require - ments of

Section 3511(a)(1) and

Section 4700(a)(1), for take of fully protected birds and mammals, it may issue the authorization in the form of an RMP on or after February 25, 2024 for an initial and extendable term of 5 years.

PETITION DECISION BOARD OF PAROLE HEARINGS RESPONSE TO REQUEST FOR RECONSIDERATION OF PETITION TO ADOPT, AMEND, OR REPEAL A REGULATION PURSUANT TO GOVERNMENT CODE SECTIONS 11340.6 A N D 11340.7 BPH PETITION RECONSIDERATION RESPONSE 2023–02–R–01 On December 11, 2023, the Board of Parole Hear - ings (Board) received a Request to Reconsider Peti - tion to Adopt, Amend, or Repeal a Regulation under Government Code sections 11340.6 and 11340.7, pre- viously identified as BPH Response 2023–02 from the original petitioner, Henry Mitchell.

The Board’s original response, identified as BPH Response 2023–02, was published in the Office of Administrative Law’s notice register on December 8, 2023. Since this request for reconsideration was re - ceived within 60 days from the date of the original petition, in accordance with subdivision (

c) of

section 11340.7, this document serves as the Board’s response to the petitioner’s request for reconsideration. The following information is provided with the re - sponse in compliance with subdivision (

d) of Govern- ment Code

section 11340.7: 1. NAME OF AGENCY: Board of Parole Hearings 2. PARTY SUBMITTING THE PETITION: Henry Mitchell (V16058) 3. PROVISIONS OF THE CALIFORNIA CODE OF REGULATIONS REQUESTED TO BE AFFECTED : Petitioner requests the Board to adopt sections 2850 and 2851 to the California Code of Regulations, title 15, division 2, thereby reinstating certain provisions previously contained in repealed

section 2817, concerning the Board’s executive clemency procedures to refer persons sentenced to life without the possibility of parole (“LWOP”) to the Governor for a commutation. 4. REFERENCE TO AUTHORITY TO TAKE THE ACTION: Petitioner did not cite to any authority for the Board to take the requested regulatory action. However, in Petitioner’s original petition, dated October 26, 2023, Petitioner cited to title 15 of the California Code of Regulations and Penal Code sections 3041, 3052, and 5076.2. The Board has general rulemaking authority under Government Code

section 12838.4 and Penal Code sections 3052 and 5076.2 to promulgate, amend, or repeal regulations in division 2 of title 15 of the California Code of Regulations. 5. REASONS SUPPORTING THE AGENCY’S DECISION: Petitioner maintains that the Board should add sections 2850 and 2851 to division 2 of title 15 of the California Code of Regulations, thereby reinstating clemency provisions previously contained in

section 2817, which were repealed in 1994. Petitioner’s request is DENIED. Petitioner asserts that the Board should adopt proposed sections 2850 and 2851 to be consistent with the Pardon and Commutation Reform Act of 2018. Specifically, petitioner argues that the Board has the authority to investigate and refer cases without gubernatorial request. The Board is not contesting its authority to inves - tigate possible pardon or commutation cases without

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 87 gubernatorial request. The Board does not disagree with the petitioner on this issue; the Penal Code pro - vides the authority for the Board to independently in - vestigate possible cases for pardon and commutation referrals to the Governor. Rather, the Board argues that it is not required to conduct investigations absent a gubernatorial referral or request and the proposed regulations would require the Board to investigate case where the person was sentenced to life without the possibility of parole for no more than one felony conviction.

Therefore, regulations dictating proce - dures for a Board–initiated referral and investigatory process that is not statutorily required is not necessary. Accordingly, it is not necessary for the Board to adopt proposed sections 2850 and 2851 to remain consistent with existing law. Further, the only statutory mandate for the Board to conduct an investigation is when the Governor refers a case to the Board involving those convicted of multiple felonies or upon request by the Governor. (Pen. Code, §§ 4802, 4813; Cal.

Code Regs., title 15, § 2818.) This is why the Board currently has regulations concern - ing investigatory procedures in these circumstances. Absent a statutory mandate, the Board’s authority to investigate and refer cases to the Governor is volun - tary, and therefore, do not necessitate regulations at this time. Petitioner asserts that the Board’s Comprehen - sive Risk Assessments (CRA) should not be used to assess risk due to its “systemic and prejudicial ap - plication” to incarcerated persons. Petitioner discussed historical events concerning CRAs that are no longer valid.

Over time, CRAs have been improved to incorporate static and dynamic fac - tors, evaluate an individual’s criminogenic risk factors, and determine what risk factors are currently relevant for that individual. CRAs are a key resource for parole hearing panels to assess risk, and there is no evidence supporting petitioner’s claim that the use of CRAs is subject to “systemic and prejudicial application.” The Board also promulgated regulations that went into effect on November 24, 2011, regulating the CRA process. (Cal.

Code Regs., title 15, § 2240 et seq.) Key provisions allow for incarcerated persons and their at- torneys to identify alleged errors, the Board to review and correct errors, and multi–layered review of the CRA before it is finalized. CRAs are also prepared if more than three years has passed since the most re - cent CRA became final, which ensures that risk as - sessments remain relevant and are not based on stale information and observations. Petitioner asserts that the Board and the Califor- nia Department of Corrections and Rehabilitation are not facing a budget shortfall. As stated in its original response,

section 2817 of the Board’s regulations was repealed due to a num - ber of reasons, which included the fact that clemency referral procedures were not mandated by statute and secondarily, became a fiscally burdensome process at that time. The elimination of fiscal shortfall does not then require the Board to adopt processes or regula - tions that are not statutorily mandated. Further, the State of California is currently facing a historic budget shortfall.

State departments, including the Board, are required to freeze all spending that is not necessary to meet its daily business operations and requirements under the law, and the Board is awaiting the Gover - nor’s proposed budget for 2023–2024 to determine the longer term impact of the shortfall. Therefore, fiscal shortfall remains a legitimate and relevant issue. Petitioner asserts that the Board should adopt the Committee on Revision of the Penal Code’s (“the committee”) recommendation to create a re - view process for persons sentenced to LWOP for clemency recommendations to the Governor.

The committee’s recommendation does not con - stitute legal authority for the Board to recommend a person for clemency to the Governor; that authority is vested in Penal Code

section 4801. As discussed in the Board’s original response,

section 2817 was repealed because the investigation and hearing processes were not necessary to effectuate Penal Code

section 4801. At this time, the Board declines adopt the review process in the proposed regulations for persons sen - tenced to LWOP for clemency recommendations to the Governor. For the reasons articulated above, the Board de- nies petitioner’s request for reconsideration of their petition. 6. BOARD CONTACT PERSON: Chancellor Veal Senior Staff Attorney Board of Parole Hearings P.O. Box 4036 Sacramento, CA 95812–4036 Office: (916) 445–4072 BPH.Regulations@cdcr.ca.gov 7. NOTICE TO INTERESTED PERSONS: Under subdivision (

d) of Government Code

section 11340.7, the Board will provide a copy of this decision to the Office of Administrative Law for publication in the California Regulatory Notice Register. Any interested persons have the right to obtain a copy of the petition that is the subject of this decision by sending a request to the Board. In submitting such a request, please reference BPH PETITION RECONSIDERATION RESPONSE 2023–02–R–01 in the request. DATE OF DECISION: January 10, 2024.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 88

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. Department of Social Services File # 2023–1130–03 Group Homes for Children with Special Healthcare Needs This action makes permanent the emergency regula- tory actions that added a new Subchapter 7, Articles 1 through 6, concerning Group Homes for Children with Special Health Care Needs, to

Chapter 5 of Division 6 of Title 22 of the California Code of Regulations. Articles 1 through 6 of Subchapter 7 are also print - ed in the Department of Social Services Manual of Policies and Procedures.

Title 22, MPP Adopt: 84700, 84701, 84710.2, 84718, 84720, 84722, 84723, 84740, 84742, 84761, 84764, 84765, 84765.5, 84766, 84769.2, 84770, 84772, 84775, 84775.1, 84787 Amend: 80061, 80068.2 Filed 01/11/2024 Effective 01/11/2024 Agency Contact: Kenneth Jennings (916) 216–5845 Department of Financial Information System for California (FISCAL) File # 2023–1219–04 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been approved by the Fair Political Commission and is be - ing submitted for filing with Secretary of State and printing.

Title 02 Amend: 59830 Filed 01/10/2024 Effective 01/10/2024 Agency Contact: Peter Vu (916) 926–7604 Commission on Peace Officer Standards and Training File # 2023–1218–01 Amend Commission Regulations 1953 and 1959 This action without regulatory effect by the Commission on Peace Officer Standards and Training (hereafter POST) amends POST’s Forms 2–251 and 2–255 (the Personal History Statement — Peace Officer and the POST Personal History Statement — Public Safety Dispatcher, respectively) to conform them to Government Code

section 12954 (as amended by Senate Bill 700,

Chapter 408, Stats. 2023) concern- ing employment discrimination based on an individ - ual’s use of cannabis off the job and away from the workplace. Title 11 Amend: 1953, 1959 Filed 01/17/2024 Agency Contact: Melani Singley (916) 227–4258 Department of Food and Agriculture File # 2023–1206–01 Oriental Fruit Fly Interior Quarantine and Eradication Area In this rulemaking action, the California Department of Food and Agriculture (CDFA) is combining lists of plants subject to the Oriental Fruit Fly (OFF) Interior Quarantine into one location.

CDFA is also adding new plants which are subject to the United States Department of Agriculture’s OFF quarantine to the California OFF quarantine list. Finally, CDFA is re - moving duplicative references to plants from the OFF quarantine list which were mistakenly listed twice. Title 03 Amend: 3423, 3591.2 Filed 01/12/2024 Effective 04/01/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Managed Health Care File # 2023–1129–02 Mental Health and Substance Use Disorder Coverage Requirements This action implements Senate Bill 855 (Stats. 2020,

chapter 151). This action improves access to mental health and substance use disorder medical services by ensuring enrollees have access to necessary mental health and substance use disorder providers and that health plans conduct appropriate prior authorization requests and utilization management reviews of re - quested medical services. It also addresses inadequate

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 4–Z 89 networks of appropriate providers for these medical conditions. Title 28 Adopt: 1300.74.72, 1300.74.72.01, 1300.74.721 Repeal: 1300.74.72 Filed 01/12/2024 Effective 04/01/2024 Agency Contact: Jennifer Willis (916) 324–9014 Dental Hygiene Board of California File # 2023–1206–02 Temporary Licensure (Military Spouses or Partners) Prior to the enactment of Assembly Bill 107 (Salas,

chapter 693, Stats. of 2021) (“AB 107”), existing law required specific boards — not including the Dental Hygiene Board of California (“DHBC”) — within the Department of Consumer Affairs (“DCA”) to issue, after appropriate investigation, certain types of tem - porary licenses to an applicant if the applicant meets specified requirements.

These requirements included supplying evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders. AB 107 expanded the requirement to issue tem- porary licenses to practice a profession or vocation to include licenses issued by any board within DCA and amended Business and Professions Code

section 115.6 to include DHBC. In this regular rulemaking DHBC is implementing, interpreting, and making specific these statutory changes made by AB 107. Title 16 Adopt: 1114 Filed 01/17/2024 Effective 04/01/2024 Agency Contact: Adina Pineschi–Petty (916) 576–5002 Department of Food and Agriculture File # 2023–1129–03 Bovine Trichomonosis Control Program In this regular rulemaking, the Department of Food and Agriculture (“DFA”) is amending regulations per- taining to the Bovine Trichomonosis Control Program.

Specifically, DFA is amending Bull Slaughter Agreement requirements and exemptions for when an Interstate Livestock Entry Permit is required for cattle and bison. Title 03 Amend: 820, 820.4, 831, 831.4, 839 Filed 01/10/2024 Effective 04/01/2024 Agency Contact: Angelina Velez (916) 718–8242 Department of Human Resources File # 2023–1201–02 Contracts Bidding Process This action by the Department of Human Resources amends contract bidding procedures for the Savings Plus Program in accordance with Public Contract Code

section 10344.1. Title 02 Amend: 599.943 Filed 01/17/2024 Effective 04/01/2024 Agency Contact: Joseph Mesich (916) 909–3269 Office of Administrative Law File # 2024–0110–01 Submission of Documents to OAL This action by the Office of Administrative Law (“OAL”) reduces the number of hard–copy and elec - tronic documents required for submission of certified regulation text to OAL.

Title 01 Amend: 6, 6.5, 8 Filed 01/12/2024 Effective 01/12/2024 Agency Contact: Thanh Huynh (916) 323–6225 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit oal.ca.gov.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 4
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	8a25124b1c7fdaa7b27d76a192bed2ef1b814044

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