Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 7–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 16, 2024 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Definition of “Harvest” Pertaining to Industrial Hemp — Notice File Number Z2024–0131–01 .................. 177 TITLE 11. DEPARTMENT OF JUSTICE Conflict–of–Interest Code — Notice File Number Z2024–0131–02 ......................................... 179 TITLE 14.

BOARD OF FORESTRY AND FIRE PROTECTION Wet Areas, Meadows, and Restoration Activities — Notice File Number Z2024–0206–01 ....................... 180 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Community–Based Reentry Programs — Notice File Number Z2024–0126–03 ............................... 184 TITLE 16.

ARCHITECTS BOARD Reciprocity Requirements — Notice File Number Z2024–0205–01 ......................................... 188 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Patterson Creek Engineered Log Jams, Tracking Number 1653–2024–132–001–R1, Siskiyou .................................................................. 190 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Air Toxics Hot Spots Program, Notice of Public Comment Period and Workshops on a Draft Cancer Inhalation Unit Risk Factor for Isoprene .............................................................. 191 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS DEPARTMENT OF CANNABIS CONTROL Concerning Documents Containing Information Regarding a New Transfer Approval Process Within the Cannabis Track and Trace System ................................................................... 192 (Continued on next page)

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 192 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 7–Z 177 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

SECTION 4890

DEFINITIONS The California Department of Food and Agricul - ture (Department) proposes to make an amendment to Title 3 of the California Code of Regulations (CCR)

Section 4890

Definitions to expand the definition of the word “harvest.” PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulations to the Department. Com - ments may be submitted by USPS, FAX or email.

The written comment period closes on April 2, 2024. The Department will consider only comments received at the Department offices by that date or postmarked no later than April 2, 2024. Submit comments to: Erin Lovig, Senior Environmental Scientist Supervisor California Department of Food and Agriculture 1220 N Street, Sacramento, CA 95814 Permits@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Questions regarding the substance of the proposed regulation should be directed to Erin Lovig. In her absence, you may contact Dean Kelch at (916) 261– 9252 or dean.kelch@cdfa.ca.gov, FAX number (916) 651–2900.

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

Section 4890 pursuant to the authority vested by Sections 407, 81003, 81004, 81004.5, 81006, and 81013 of the Food and Agricultural Code (FAC). REFERENCE The Department proposes this action to implement, interpret and make specific Sections 81000, 81003, 81004, 81004.5, 81006, and 81013 of the Food and Ag- ricultural Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The specific purpose of amending CCR

Section 4890 is to amend the definition of the word “harvest” as recommended by the Industrial Hemp Advisory Board with consideration of requirements from feder - al regulations. EXISTING LAWS & REGULATIONS Existing law, FAC

Section 407, provides that the Secretary may adopt such regulations as are reason - ably necessary to carry out the provisions of this code which the Secretary is directed or authorized to ad - minister or enforce. Existing law, FAC 81003, provides that except for an established agricultural research institution sub - ject to

Section 81004.5 or a hemp breeder subject to

Section 81004, and before cultivation, a grower of in - dustrial hemp shall register with the commissioner of the county in which the grower intends to engage in industrial hemp cultivation. Existing law, FAC 81004, provides that except when grown by an established agricultural research institu - tion subject to

Section 81004.5, and before cultivation, a hemp breeder shall register with the commissioner of the county in which the hemp breeder intends to engage in industrial hemp cultivation. Existing law, FAC 81004.5, provides that before cul- tivating hemp for agricultural or academic research, an established agricultural research institution shall

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 178 register with the commissioner of the county in which it intends to cultivate. Existing law, FAC 81006, obligates the Secretary to adopt sampling procedures and approve laboratories and laboratory testing methods. Existing law, FAC 81013, provides that any person convicted of a felony relating to a controlled substance under state or federal law before, on, or after January 1, 2020, shall be ineligible, during the 10–year period following the date of the conviction, to participate in the industrial hemp program. ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT With these this amended

definitions the industrial hemp harvest requirements will be clearer to the pub - lic. With this regulation, the State of California will be able to continue to regulate a growing industry with high quality industrial hemp production. There are no existing, comparable federal regula - tions or statutes regulating the definition of “harvest” as it pertains to industrial hemp. There are no known specific benefits to worker safe- ty or the health of California residents.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible reg - ulations addressing the definition of harvest, and it found that the proposed amendment is the only reg - ulation dealing with this subject, and the Department is the only State agency which can designate the defi - nitions for industrial hemp cultivation. As required by Government Code

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

Section 4890 and has determined that it is not inconsistent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: The proposed action provide clarity to a preexisting program. The Department has determined that no savings or in - creased costs to any state agency and no costs or sav - ings in federal funding to the State will result from the amendment of

Section 4890. The amendment of this regulation would have no fiscal impact on the Department. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The proposed action provide clarity to a pre- existing program and there are no known private sec - tor cost impacts.

The agency is not aware of any cost impacts that a representative person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: The proposed action provide clarity to a preexisting program. The Department makes the ini - tial determination that the proposed action will not have a significant, statewide adverse economic impact. Significant effect on housing costs: None.

Small business determination: The proposed regu - lations may affect small business in terms of maintain- ing the high quality of hemp products sold. RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The Department has concluded that the amendment of

Section 4890 (1) will have no impact on the cre - ation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of California, (3) will have no impact on the expansion of businesses with - in the State of California, (4) as stated above under ANTICIPATED BENEFITS OF THE PROPOSED AMENDMENT, will provide clearer requirements to the industrial hemp industry, as well as maintain high quality of industrial hemp production, (5) will have no impact on the state’s environment, and (6) is not expected to benefit workers’ safety.

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 179 The Department invites interested persons to pres - ent alternatives during the written comment period. AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action and has made avail- able all the information upon which its proposal is based and the express terms of the proposed action. The Department has posted the information regarding this proposed regulatory action on its Internet website (www.cdfa.ca.gov/plant/Regulations.html).

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

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

AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. TITLE 11. DEPARTMENT OF JUSTICE AMENDMENTS TO CONFLICT–OF– INTEREST CODE NOTICE IS HEREBY GIVEN that the Department of Justice (“Department”), pursuant to Government Code

section 87306 of the Political Reform Act (Gov. Code, § 81000 et seq.), proposes to amend its conflict– of–interest code. The purpose of the amendments is to implement Government Code sections 87300 through 87302, and

section 87306. Government Code sections 87300 and 87302 re - quire each government agency to adopt a conflict–of– interest code designating the agency personnel who must periodically file a Form 700 Statement of Eco - nomic Interests, disclosing certain economic interests. Designated personnel are those who make or partici - pate in making governmental decisions that may fore- seeably have a material financial effect on an econom- ic interest. (Gov.

Code, § 87302, subdivision (a).) The Department proposes to amend its conflict–of– interest code to include employee positions that make or participate in making governmental decisions that may foreseeably have a material financial effect on an economic interest, as set forth in Government Code

section 87302, subdivision (a). The Department pro - poses other changes to reflect organizational changes that have occurred since the code was amended to two years ago. Any interested person may submit written state - ments, arguments, or comments related to the pro - posed amendments by submitting them in writing no later than April 2, 2024 or at the conclusion of the public hearing, if one is requested, whichever comes later, to the agency contact set forth below. The De - partment has not scheduled a public hearing on the proposed amendments.

However, it will hold a hearing if it receives a written request for a hearing from any interested person, or his or her representative, 15 days before the close of the written comment period. The Department has prepared a written explanation (Statement of Reasons) for the proposed amendments and has made available the information on which the proposed amendments are based. Copies of the pro - posed amendments and the information on which the amendments are based are available at https://oag. ca.gov/meetings/public–participation o r m a y b e o b- tained by contacting the contact person set forth below.

The Department has determined that the proposed amendments will not impose a cost or savings on any state agency, or school district that is required to be reimbursed under

part 7 (commencing with

Section 17500) of Division 4 of the Government Code; will not result in any non–discretionary cost or savings to lo - cal agencies; will not result in any cost or savings in federal funding to the state; will not impose a mandate on local agencies or school districts; and will not have any potential cost impact on private persons or busi - nesses, including small businesses. The Department has determined that no alternative considered by the Department would be more effective in carrying out the purpose for which the amendments are proposed or would be as effective and less burden-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 180 some to affected private persons than the proposed amendments. All inquiries concerning this proposal should be di - rected to: Andrea Jaramillo at Department of Justice, 1300 I Street, Sacramento, California 95814, or (916) 210–6280, or Andrea.Jaramillo@doj.ca.gov. TITLE 14. BOARD OF FORESTRY AND FIRE PROTECTION WET AREAS, MEADOWS, AND RESTORATION ACTIVITIES, 2024 Notice is hereby given that the California State Board of Forestry and Fire Protection (Board) is pro - posing to take the action described in the Informative Digest.

PUBLIC HEARING The Board will hold a public hearing on April 9, 2024, at its regularly scheduled meeting commenc - ing at 9:00 a.m., at the Auditorium on the first floor, RM 1–302, of the Natural Resources Building, 715 P Street, Sacramento, CA. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action. The Board requests, but does not require, that persons who make oral comments at the hearing also submit a written

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

a) and that are distributed to members of the state body prior to or during a meeting, pertaining to any item to be considered during the meeting, shall be made avail- able for public inspection at the meeting if prepared by the state body or a member of the state body, or after the meeting if prepared by some other person. Attendees may also participate via the online meet - ing platform or telephone conferencing. To partic - ipate via the online meeting platform please email PublicComments@bof.ca.gov by 4:30 p.m. on April 8, 2024, to request a link to the meeting.

A link to the meeting will also be posted under the “Webinar Infor- mation” heading on the front page of the Board web - site, no later than 8:00 a.m. the morning of the hearing. WRITTEN COMMENT PERIOD Any person, or authorized representative, may sub - mit written comments relevant to the proposed regula- tory action to the Board. The written comment period ends on April 9, 2024.

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

Box 944246 Sacramento, CA 94244–2460 Written comments can also be hand delivered to the contact person listed in this notice at the following address: Board of Forestry and Fire Protection 715 P Street Sacramento, CA 95814 Written comments may also be delivered via email at the following address: PublicComments@BOF.ca.gov AUTHORITY AND REFERENCE (pursuant to GOV § 11346.5(a)(2) and 1 CCR § 14) Authority cited: Sections 4551, 4551.5, 4553, 4561, 4561.5, 4562, 4562.5, 4562.7 and 4591.1, Public Re - sources Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (pursuant to GOV 11346.5(a)(3)(A)–(D)) Pursuant to the Z’berg–Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. (FPA) the State Board of Forestry and Fire Protection (Board) is authorized to construct a system of forest practice regulations ap - plicable to timber management on state and private timberlands.

PRC § 4551 requires the Board to “…adopt district forest practice rules… to ensure the continuous grow- ing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water re- sources…” of the state and PRC § 4553 requires the Board to continuously review the rules in consultation with other interests and make appropriate revisions. During the 2023 call for Regulatory Review the Cal- ifornia State Water Resources Control Boards raised an issue with the

definitions for the terms “Mead - ows and Wet Areas” and “Wet Meadows and Other Wet Areas.” The two terms originated from different

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 181 Forest Districts, and have a different set of uses. The term “Meadows and Wet Areas” is used in the For - est Practice Rules to describe both areas that do not support a crop of trees and areas that can be covered by the restoration special prescription described in §913.4(e) (§933.4(e), 953.4(e)). “Wet Meadows and oth- er Wet Areas” is used to define areas that require ad - ditional measures to prevent ecological impacts. The two terms have very similar

definitions which rely on a combination of surface moisture and the presence of aquatic vegetation, grasses, or forbs. The existing

definitions also do not account for shifts in climate trends. An area that is “moist on the surface” for most of a year with historically average precipitation may not meet that criterion in a drought year, and an area that is “moist on the surface” during a flood year may not provide the species habitat and other ecosystem services that a wet area is presumed to provide. The potential vegetation options in the existing

definitions include aquatic plants, which are at least partially sub- merged in water, and grasses and forbs, which include both species that can only grow in saturated soils and species that can survive in a wide range of soil mois - ture levels. This lack of consistency means that the size of wet areas waxes and wanes from year to year leading to confusion about protections and an atmo - sphere of regulatory uncertainty.

Current regulations for the Aspen, and Meadows and Wet Areas restoration special prescription (§§913.4(e), 933.4(e), 953.4(e)) apply only to removal of trees from wet areas and meadows that are currently dominated by non–woody vegetation. The century–long exclu - sion of fire and other traditional ecological manage - ment tools from the forests of California has led to many meadows being overgrown by trees. Current regulation does not allow for restoration to the histori- cal boundaries of meadows and wet areas, limiting the ability to expand these vital habitats. The problem is that the

definitions of the terms “Meadows and Wet Areas” and “Wet Meadows and Other Wet Areas” conflate “meadows” and “wet ar - eas,” two disparate ecological systems with different management requirements. The two existing defini - tions also do not account for multi–year climate and rainfall trends.

In wet years, an area could meet the surface moisture requirement and be dominated by dryland grass species, would fall under the definition for “Wet Meadows and Other Wet Areas,” and would merit the protections accorded to “Wet Meadows and Other Wet Areas.” In a dry year, a different area could lack the surface moisture requirement and be domi - nated by woody hydrophytic plants, would not meet the definition for “Wet Meadows and Other Wet Ar - eas,” and would not merit those protections.

Additionally, within the “Aspen, Meadows and Wet Areas Restoration” special prescription as described within 14 CCR §§ 913.4(e), (933.4(e), 953.4(e)) meadow restoration via conifer removal is restricted to areas that are currently meadows. As meadows are by defi - nition dominated by grass species, meadows that have been overgrown by conifers due to historical shifts in forest management would not meet the definition and could not be restored using this regulatory pathway.

The purpose of the proposed action is to replace the defined term “Wet Meadows and Other Wet Areas” with the new defined term “Wet Areas,” to remove the defined term “Meadows and Wet Areas” and re - place it with an undefined term for “meadows” and the new defined term “Wet Areas,” and to update the Aspen, Meadows, and Wet Areas Restoration Special Prescription to allow for restoration of the historical extent of meadows and wet areas.

The effect of the proposed action is to align defi - nitions with appropriate ecological systems, allow for accurate protections of environmental resources in an uncertain climate, and expand the potential ecosys - tems eligible for restoration work. The benefit of the proposed action is rules that al - low for the protection of wet areas regardless of an - nual variation in rainfall and climate, expanded tools for the restoration of meadows and wet areas, and the production of

definitions that are clearer, more consis- tent, and accurately reflect the operational protections required by the Rules. There is no comparable Federal regulation or statute. Board staff conducted an evaluation on wheth - er the proposed action is inconsistent or incompati - ble with existing State regulations pursuant to GOV § 11346.5(a)(3)(D). State regulations related to the proposed action were, in fact, relied upon in the de - velopment of the proposed action to ensure the con - sistency and compatibility of the proposed action with existing State regulations.

Otherwise, Board staff evaluated the balance of ex - isting State regulations related to measures concern - ing meadows and wet areas during timber operations within State regulations that met the same purpose as the proposed action. Based on this evaluation and ef - fort, the Board has determined that the proposed reg - ulations are neither inconsistent nor incompatible with existing State regulations. The proposed regulation is entirely consistent and compatible with existing Board rules. Statute to which the proposed action was compared:

Chapter 8,

Part 2, Division 4, Public Resources Code. Regulations to which the proposed action was com- pared:

Article 4, Subchapters 1, 4, 5, & 6,

Chapter 4, Division 1.5, Title 14, California Code of Regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 182 MANDATED BY FEDERAL LAW OR REGULATIONS The proposed action is not mandated by Federal law or regulations. The proposed action neither conflicts with, nor du - plicates, Federal regulations. There are no comparable Federal regulations con - cerning meadows and wet areas during timber oper - ations. No existing Federal regulations meeting the same purpose as the proposed action were identified.

OTHER STATUTORY REQUIREMENTS (pursuant to GOV § 11346.5(a)(4)) There are no other matters as are prescribed by stat- ute applicable to the specific State agency or to any specific regulation or class of regulations. LOCAL MANDATE (pursuant to GOV § 11346.5(a)(5)) The proposed action does not impose a mandate on local agencies or school districts. FISCAL IMPACT (pursuant to GOV § 11346.5(a)(6)) There is no cost to any local agency or school dis - trict that is required to be reimbursed under

Part 7 (commencing with

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

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

HOUSING COSTS (pursuant to GOV § 11346.5(a)(12)) The proposed action will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (pursuant to GOV §§ 11346.3(a), 11346.5(a)(7) and 11346.5(a)(8)) The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states (by making it costlier to produce goods or services in California).

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

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

The proposed action: ● Will not create jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not eliminate jobs within California (GOV § 11346.3(b)(1)(A)); ● Will not create new businesses (GOV § 11346.3(b)(1)(B)); ● Will not eliminate existing businesses within California (GOV § 11346.3(b)(1)(B)); ● Will not affect the expansion or contraction of businesses currently doing business within Cal - ifornia (GOV § 11346.3(b)(1)(C)); ● Will yield nonmonetary benefits (GOV § 11346.3(b)(1)(D)).

The proposed action will im- prove the environment by allowing protection of sensitive habitats regardless of annual varia - tion in precipitation and expansion of options for meadow restoration. The proposed action will also improve clarity in the enforcement of the

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 183 Forest Practice Rules. The proposed action will not affect the health and welfare of California res- idents or worker safety. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS (pursuant to GOV § 11346.5(a)(9)) The agency is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action. No adverse impacts are to be expected.

BUSINESS REPORT (pursuant to GOV §§ 11346.5(a)(11) and 11346.3(d)) The proposed action does not impose a business re - porting requirement. SMALL BUSINESS (defined in GOV 11342.610) The proposed regulation may affect small business, though small businesses, within the meaning of GOV § 11342.610, are not expected to be significantly affect- ed by the proposed action. Small business, pursuant to 1 CCR § 4(a):

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

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

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

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

ALTERNATIVES INFORMATION In accordance with GOV § 11346.5(a)(13) , the Board must determine that no reasonable alternative it considers, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the purpose for which the ac- tion is proposed, or would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

CONTACT PERSON Requests for copies of the proposed text of the reg - ulations, the Initial Statement of Reasons, modified text of the regulations and any questions regarding the substance of the proposed action may be directed to: Board of Forestry and Fire Protection Attention: Jane Van Susteren Regulations Coordinator P.O. Box 944246 Sacramento, CA 94244–2460 Telephone: (916) 619–9795 The designated backup person in the event Ms. Van Susteren is not available is Andrew Lawhorn, Forestry Assistant II for the Board of Forestry and Fire Pro - tection. Mr. Lawhorn may be contacted at the above address or phone.

AVAILABILITY STATEMENTS (pursuant to GOV § 11346.5(a)(16), (18)) All of the following are available from the contact person: 1. Express terms of the proposed action us - ing UNDERLINE to indicate an addition to the California Code of Regulations and STRIKETHROUGH to indicate a deletion. 2.

Initial Statement of Reasons, which includes a statement of the specific purpose of each adop - tion, amendment, or repeal, the problem the Board is addressing, and the rationale for the determination by the Board that each adoption, amendment, or repeal is reasonably necessary to carry out the purpose and address the problem for which it is proposed. 3. The information upon which the proposed action is based (pursuant to GOV § 11346.5(b)). 4. Changed or modified text.

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

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

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 184 FINAL STATEMENT OF REASONS When the Final Statement of Reasons (FSOR) has been prepared, the FSOR will be available from the contact person on request. INTERNET ACCESS All of the material referenced in the Avail - ability Statements is also available on the Board web site at: https://bof.fire.ca.gov/regulations/ proposed–rule–packages/. TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Reha- bilitation (CDCR or Department), proposes to amend sections 3000, 3077, 3078.1, 3078.2, 3078.3, 3078.4, 3078.6, 3375.2, and 3379; adopt sections 3078.7, 3078.8, 3078.9, 3078.10, 3078.11, 3078.12, and 3078.13; and re- peal sections 3074.3 and 3630 in the California Code of Regulations (CCR) Title 15, Division 3, regarding Community–Based Reentry Programs. PUBLIC HEARING Date and Time: April 3, 2024 — 10:00 a.m. to 11:00 a.m.

Place: Department of Corrections and Rehabilitation Conference Room 150 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. PUBLIC COMMENT PERIOD The public comment period begins February 16, 2024, and closes on April 3, 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 Josh Jugum Telephone: (916) 445–2266 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 Neil Pollard Telephone: (916) 531–2865 Division of Rehabilitative Programs 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.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 185 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW In accordance with Penal Code (PC) sections 5058 and 6252, these amendments will establish regu - lations concerning community–based programs, which include the Male Community Reentry Pro - gram (MCRP), the Female Community Reentry Pro - gram (FCRP; previously named the Custody to Com munity Transitional Reentry Program (CCTRP)), and the Community Participant Mother Program (CPMP).

The Alternative Custody Program (ACP), CPMP, and CCTRP were activated under the Division of Adult Institutions (DAI), however, the MCRP was ac- tivated under the Division of Rehabilitative Programs (DRP). This resulted in variances between eligibility requirements and program administration policies be - tween the male and female programs. In 2021, the pro- grams were reorganized and consolidated under DRP supervision. The proposed regulations reflect changes to provide consistency and increase equity between the male and female programs. The CCTRP is renamed to FCRP.

When first es - tablished, there was no equivalent program for male inmates. Consequently, there was no need to differen- tiate between men’s and women’s programs in the title. Currently, there are no regulations for MCRP, FCRP, and CPMP. Establishing regulations for the programs ensures the programs are administered equitably and not subject to variance between institutions and the community facilities. Community–based programs are integral to the California Model and are expect - ed to expand significantly over the next few years.

Established regulations will ensure newly activated programs and facilities are consistent with the depart - mental mission to enhance public safety and promote the successful reintegration of the people in our care back to their communities. The term “Enhanced Alternative Custody Program” (EACP) is created to encompass the programs admin- istered by DRP: MCRP, FCRP, and CPMP. EACP par- ticipants are housed and supervised in a community facility administered by the DRP, which is a much more structured environment than ACP.

Utilizing a contracted vendor, DRP provides rehabilitative pro - gramming that is mandatory for all participants. EACP participants are also provided with reentry resources, such as employment, housing, and medical care. ACP is distinctly separate and different than EACP in terms of supervision, case management, and pro - gramming, requiring a regulatory distinction between the programs. ACP allows participants to serve their terms in the community, either in a private program facility or in a private residence.

ACP participants are supervised by the Division of Adult Parole Operations (DAPO) in a manner similar to parolees. The CPMP is a specialized program that allows pregnant individuals or mothers with child(ren) six years old or younger to be housed with their children in a safe and wholesome environment away from a prison setting. PC sections 3417–3420 contain specific provisions for the program, including eligibility and various notification requirements. Establishing regu - lations ensures the program is operated consistently with PC and provides an opportunity for family reuni- fication to all eligible inmates.

The program requires very specific regulations as to screening, eligibility, and daily operations to ensure the safety and welfare of the child(ren). The revisions being made to CCR

section 3375.2 are necessary to update the current regulations to remove the exclusion from inmates being housed in a Level I facility without gun coverage based on immigration status. Additionally, immigration status shall not im - pede placement in any program or service, including security–level housing, and DRP community–based re–entry facilities. The revision being made to

section 3379 is necessary as the department no longer trans - fers inmates to Immigration and Customs Enforce - ment (ICE) for deportation hearing proceedings. California Senate Bill (SB) 54, “The California Values Act” was signed into law on October 5, 2017, and took effect on January 1, 2018. Government Code (GC)

Section 7284.10 is specific to CDCR and estab - lishes that the department shall not restrict access to any in–prison educational or rehabilitative program - ming or credit earning opportunity on the sole basis of citizenship or immigration status, nor shall the de - partment consider citizenship and immigration status as a factor in determining a person’s custodial classi - fication level. Currently, Title 15,

Section 3630, Limitations of Pa- role Services, states that “qualified aliens” or “nonim- migrant aliens” who are paroled for less than one year are ineligible to receive or participate in a multitude of DAPO programs or services. Repealing this

section will allow offenders on parole to be afforded addition- al rehabilitative services and assist in their transition back into the community, and bring the regulations into compliance with GC

section 7284.10.

Section 3077 is also amended to remove participa - tion restriction based in part on an Immigration and Customs Enforcement hold, in accordance with SB 54. This action will: ● Establish eligibility and exclusionary criteria for inmate participation in an Enhanced Alternative Custody Program (EACP). An EACP is a volun - tary program that allows eligible inmates to serve their sentence in the community in lieu of con - finement in a state prison. ● Establish provisions to ensure that potentially el - igible inmates at women’s institutions are identi -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 186 fied and recruited for participation in the Com - munity Participant Mother Program, and that all inmates at women’s institutions are aware of the availability of the program. ● Establish processes for applying to the pro - gram(s), assessing applications, providing notice to specified stakeholders, and determining pro - gram eligibility. ● Establish that a Case Conference Review shall be conducted, taking into consideration the totality of case factors, before any participating inmate shall be returned to prison. ● Repeal regulatory provisions that excluded in - mates and parolees from participating in pro - gramming and/or receiving benefits or services based solely upon immigration status.

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS The department anticipates the proposed regula - tions will enhance inmate access to rehabilitative services and programs through lower security level placement. The proposed amendments will allow in - mates the opportunity to qualify for lower security levels and increased access to rehabilitative services and programs, which will aid in public safety when inmates return to the community. Inmates and the public will greatly benefit from par- ticipation in community programs.

The programs pro- vide a supervised and phased approach to community reentry upon release from prison. The programs pro - vide rehabilitative programming similar to in–prison programs (e.g., substance abuse, anger management, family relationships, etc.) in the early phases, and build up to outside employment and education in the later phases. The programs often provide the opportunity to allow participants to transfer closer to their homes and families, which provides better access to visitation and other family reunification activities.

The CPMP allows mothers to be housed with their child(ren) and continue as primary caretakers. This strengthens the bond between mother and child and avoids the poten - tial emotional trauma for the child(ren) when placed in the foster care system. Community programs enhance public safety by reducing recidivism and providing in- mates with skills and resources upon reentry to the community. The department does not anticipate that the proposed regulations will affect worker safety or the environment.

DOCUMENTS INCORPORATED BY REFERENCE CDCR Form 2226 (Rev. 10/23) Male Community Re- entry Program Eligibility CDCR Form 2234–MCRP (Rev. 07/23) Male Com - munity Reentry Program Application and Volun- tary Agreement CDCR Form 2235 (Rev. 07/23) Female Community Reentry Program Screening CDCR Form 2235 (Rev. 07–23) ACP Screening CDCR Form 2234–FCRP (Rev. 10/23) Female Com - munity Reentry Program Application and Volun- tary Agreement CDCR Form 415 (Rev. 07/23) Community Participant Mother Program — Application CDCR Form 415–A (Rev. 07/23) Community Par - ticipant Mother Program — Notice to Child’s Caretaker/Guardian CDCR Form 415–B (Rev. 07/23) Community Partici- pant Mother Program — Notice to County Chil - dren’s Services CDCR Form 415–C (Rev. 07/23) Community Par - ticipant Mother Program — Assessment of Application CDCR Form 415–D (Rev. 07/23) Community Partici- pant Mother Program — Notification CDCR Form 415–E (Rev. 07/23) Community Partic - ipant Mother Program — Recommendation to Board of Parole Hearings for Retain/Return CDCR Form 415–F (Rev. 07/23) Community Par - ticipant Mother Program — Determination of Eligibility CDCR Form 415–H (Rev. 07/23) Community Par - ticipant Mother Program — Authorization and Release CDCR Form 415–J (Rev. 07/23) Community Par - ticipant Mother Program — Child Release Authorization CDCR Form 415–K (07/23) Community Partici - pant Mother Program — Application Screening Worksheet CDCR Form 415–L (07/23) Community Partici - pant Mother Program — Participant Placement Agreement CDC Form 128–B (04/74) General Chrono EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the department has determined the proposed regulations

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 187 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 community–based reentry programs. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim - bursement of costs or savings pursuant to Government Code Sections 17500–17630.

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

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

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

This ac - tion has no significant adverse economic impact on small business 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.

The proposed regulations may benefit the welfare of California residents by helping to reduce recidivism.

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

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

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

AVAILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the department may adopt the proposed reg- ulations substantially as described in this Notice. If the department makes modifications which are sufficient-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 188 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.

ARCHITECTS BOARD RECIPROCITY REQUIREMENTS NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest below, after considering all comments, objections, and recommen- dations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hear- ing if it receives a written request for a public hearing from any interested person, or their authorized repre - sentative, 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 in- dividuals listed under “Contact Person” 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 Board at its office no later than Wednesday, April 3, 2024, 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 115.5, 5526, and 5552.5 of the Business and Professions Code (BPC), and to implement, interpret, or make specif - ic BPC sections 115.5, 5550, and 5552.5, the Board is considering amending sections 121 and 124 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Currently, Board regulations 16 CCR

section 121 describe reciprocity licensure requirements for those candidates who are already licensed in another ju - risdiction, including foreign licensees. The current guidelines and requirements for licensure are unclear, obsolete and do not represent the current requirements for licensure. This proposal would simplify the application pro - cess for a reciprocal architect license in California. The Board would make requirements for reciprocity licensure consistent with the licensure requirements for all applicants and remove outdated language. In addition, the Board’s California Supplemental Examination (CSE), at 16 CCR

section 124, describes the process to apply for and retake the CSE. The exist- ing regulation does not specify the information asked for in the application to take the CSE, nor does it spec- ify that a fee is required or where the fee can be locat- ed in regulation. This proposed regulation will correct those oversights.” This regulatory proposal will amend 16 CCR sec - tions 121 and 124. The amendments to the regulations through this proposed rulemaking are as follows: Amend 16 CCR

section 121 title to more clearly re- flect the contents of the section. Amend 16 CCR

section 121 to remove language not related to the contents of the section. Amend 16 CCR

section 121(a)(1) to clarify require- ments, remove unnecessary language, correct an un - intended oversight of other states granting architec - tural registration, and direct candidates eligible under BPC

section 115.5 to where document requirements are listed in regulation. Amend 16 CCR

section 121(a)(2) to clarify to whom this subsection applies, restructure and clarify re - quired documentation, and remove outdated informa - tion related to the Intern Development Program (IDP). Delete 16 CCR

section 121 subsection (

a) former paragraph (2) as it contains obsolete language refer - ring to IDP and other reporting requirements. Amend 16 CCR

section 121(b)(1) to clarify archi - tects can be registered or licensed and simplifying language. Delete 16 CCR

section 121(b)(2) and (3) as they per- tain to requiring a National Council of Architectural Registration Boards (NCARB) Certificate separately but are now consolidated into subsection (b). Amend 16 CCR

section 124(

b) to clarify the fee and eligibility requirements for the California Supplemen- tal Examination (CSE). Add 16 CCR

section 124(

b) subparagraphs (1)–(4) to clarify what information the CSE application must contain. Anticipated Benefits of Proposal This proposal would provide clarifying and simpli - fied language specific to the filing for a reciprocal ar - chitect license in California. The Board would make requirements for licensure consistent for applicants

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 189 and remove outdated language. Language would be included clarifying what information must be provid - ed on the CSE application and where to locate the CSE fee. Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board has conducted a search of any similar regulations on these topics and has concluded that these regulations are neither inconsistent nor in - compatible with existing state regulations.

DISCLOSURES REGARDING THIS 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: None. The proposed regulations do not result in a fiscal impact to the state. This proposal clarifies the application process and documentation required for architectural licensure. The Board does not anticipate additional workload or costs resulting from the proposed regulations. The proposed regulations do not result in costs or savings in federal funding to the state.

Nondiscretionary Costs/Savings to Local Agencies: None. Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs: None. BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The rulemaking file includes the facts, evidence, documents, testimony, and/or other evidence that supports this determination. The Board has not con - sidered proposed alternatives that would lessen any adverse economic impact on business and invites sub- mission of such proposals. Cost Impact on Representative Private Person or Business The Board 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.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS: Impact on Jobs/Businesses: The Board has deter - mined that this regulatory proposal will not impact the creation of new jobs or businesses, the elimination of existing jobs or businesses, or the expansion of exist - ing businesses in California. Benefits of Regulation: The Board has determined that this regulatory proposal will benefit the health and welfare of California residents by aligning licen - sure requirements with the national standards. This regulatory proposal does not affect worker safety, or the state’s environment.

Business Reporting Requirements: The regulato - ry action does not require businesses to file a report with the Board. Effect on Small Business: The Board has deter - mined that the proposed regulations will not affect small businesses. Although small businesses owned by candidates of the Board may be impacted, any costs of compliance are a result of current law. 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 car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit written com - ments relevant to the above determinations at the Board’s office at 2420 Del Paso Road, Suite 105, Sac- ramento, California 95834 during the written com - ment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based.

This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 190 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 at 2420 Del Paso Road, Suite 105, Sacramento, California 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed 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 FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. 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 below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Timothy Rodda Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 279.895.1246 Email Address: timothy.rodda@dca.ca.gov The backup contact person is: Name: Laura Zuniga Address: 2420 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 916.471.0760 Email Address: laura.zuniga@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Materials regarding this proposal can be found at https://www.cab.ca.gov/news/laws/proposed_ regulation.shtml.

Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regu - lations with modifications noted, as well as the Final Statement of Reasons when completed, and modified text, if any, can be accessed through the Board’s web- site 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 PATTERSON CREEK ENGINEERED LOG JAMS (TRACKING NUMBER: 1653–2024–132–001–R1) SISKIYOU California Department of Fish and Wildlife (CDFW) received a Request to Approve on 2/06/2024, that the Scott River Watershed Council proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed proj- ect involves creating artificial log jams in the streams flow to create habitat for salmon, as well as the plant - ing of native plants. The proposed project will be car - ried out on Patterson Creek, located approximately 0.5 miles above the Patterson Creek Highway 3 Bridge in Siskiyou County, California.

On January 2, 2024, the North Coast Regional Wa - ter 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 Patter- son Creek Engineered Log Jams.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Envi - ronmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the el- igibility requirements for coverage under the General 401 Order. The Regional Water Board issued a No - tice of Applicability (WDID Number 1A24002WNSI;

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 191 ECM PIN Number CW–892161) for coverage under the General 401 Order on 02/02/2024. The Scott River Watershed Council is requesting a determination that the project and associated docu - ments are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the project is complete, the Scott River Watershed Coun - cil will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 sub - division (

b) or a Lake or Streambed Alteration Agree- ment 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, the Scott River Watershed Council will have the opportunity to submit under Fish and Game Code

section 1652. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT AIR TOXICS HOT SPOTS PROGRAM NOTICE OF PUBLIC COMMENT PERIOD AND WORKSHOPS ON A DRAFT CANCER INHALATION UNIT RISK FACTOR FOR ISOPRENE The Office of Environmental Health Hazard Assess- ment (OEHHA) is releasing a draft document for pub- lic review that summarizes the carcinogenicity data and derives a cancer inhalation unit risk factor (IUR) for isoprene. Cancer IURs are used to estimate life - time cancer risks associated with inhalation exposure to a carcinogen.

OEHHA is required to develop guidelines for con - ducting health risk assessments under the Air Toxics Hot Spots Program (Health and Safety Code Sec - tion 44360(b)(2)). In response to this requirement, OEHHA develops unit risk factors for carcinogens, such as isoprene. The draft Isoprene cancer IUR doc - ument is being made available today on the OEHHA website. The posting of the document will com - mence a 45–day public review period that will end on April 2, 2024. Public workshops will be held in Southern and Northern California at the following locations and times.

Northern California March 15, 2024 9:00 a.m.–12:00 p.m. Sierra Hearing Room Cal EPA Building 1001 I Street Sacramento, CA 95814 https://video.calepa.ca.gov/ Southern California March 8, 2024 9:00 a.m.–12:00 p.m. Room CC–2 South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 After the close of the public comment period, the document may be revised as appropriate by OEHHA, and will be peer reviewed by the state’s Scientific Re- view Panel on Toxic Air Contaminants. The public is encouraged to submit written informa- tion via OEHHA ’s website, rather than in paper form.

Comments may be submitted electronically through the following link: https://oehha.ca.gov/comments. Hard–copy comments may be mailed, faxed, or hand–delivered to the address below: Dr. Rima Woods Chief, Air Toxicology and Risk Assessment

Section Office of Environmental Health Hazard Assessment 1001 I Street, 12th Floor Sacramento, CA, 95814 Email: Rima.Woods@oehha.ca.gov Fax: (916) 323–2265 Telephone: (916) 322–2136 OEHHA encourages all submissions to be in a for - mat compliant with

Section 508 of the federal Reha - bilitation Act, Web Content Accessibility Guidelines (WCAG) 2.1 (see the World Wide Web Consortium [W3C] WCAG 2 Overview ), and California Govern - ment Code sections 7405 and 11135, so that they can be read using screen reader technology. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide a submis - sion, please be aware that your name, address and email may be available to third parties.

Information about dates and agenda for meetings of the Scientific Review Panel can be obtained from the California Air Resources Board website at http:// www.arb.ca.gov/srp/srp.htm. If you have any questions, please contact Dr. Rima Woods at Rima.Woods@oehha.ca.gov or at (916) 322–2136.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 192 SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS DEPARTMENT OF CANNABIS CONTROL OFFICE OF ADMINISTRATIVE LAW SUSPENSION OF ACTION REGARDING UNDERGROUND REGULATIONS (Pursuant to Title 1,

section 280, of the California Code of Regulations) On December 6, 2023, the Office of Administrative Law (OAL) received a petition challenging five docu- ments as an alleged underground regulation: 1. Department of Cannabis Control, Email to Li - censees, dated November 20, 2023. 2. Department of Cannabis Control, Posting of Up - dates to Track and Trace Functionality on De - partment Website. 3. Metrc Support Bulletin, Transfer Approvals, CA_IB_2023_008, dated November 20, 2023. 4. Metrc Support Bulletin, Transfer Approvals, CA_IB_2023_008, dated November 22, 2023. 5.

Department of Cannabis Control, Email to Li - censees, dated November 30, 2023. These documents contain information regarding a new transfer approval process within the cannabis track and trace system. On February 5, 2024, the Department of Cannabis Control certified to OAL that it would not issue, use, enforce, or attempt to enforce the challenged rule. Therefore, pursuant to title 1,

section 280 of the Cal - ifornia Code of Regulations, OAL must suspend all action on this petition.

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.

Board of Vocational Nursing and Psychiatric Technicians File # 2023–1221–03 AB 1536: New School Program Approval Process This Certificate of Compliance action finalizes amendments to the regulations on the approval pro - cess for nursing programs and psychiatric technician programs (16 CCR §§ 2525, 2526, 2580, and 2581.) It also finalizes the adoption of new regulations regard - ing the fees associated with the approval process for these programs (16 CCR §§ 2537.2 and 2590.2.) The Certificate of Compliance action also makes minor changes to the structure and substance of the forms incorporated by reference.

Title 16 Adopt: 2537.2, 2590.2 Amend: 2525, 2526, 2580, 2581 Filed 02/06/2024 Effective 02/06/2024 Agency Contact: Mark Ito (916) 263–7851 Department of Food and Agriculture File # 2023–1222–02 Queensland Fruit Interior Quarantine and Eradication Area In this certificate of compliance, the Department makes permanent an interior quarantine for the Queensland fruit fly, sets Ventura County as an erad - ication area, and establishes the host list matching the current United States Department of Agriculture list.

Title 03 Adopt: 3445, 3591.30 Filed 02/05/2024 Effective 02/05/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Food and Agriculture File # 2023–1222–03 Zeugodacus tau Interior Quarantine, Zeugodacus tau Eradication Area This certificate of compliance action makes per - manent emergency regulations creating an interior quarantine for the fruit fly Zeugodacus tau (former- ly Bactrocera tau ), adds Ventura, Orange, and San Diego counties to the list of eradication areas, and up- dates the host list.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 193 Title 03 Adopt: 3444 Amend: 3591.27 Filed 02/07/2024 Effective 02/07/2024 Agency Contact: Rachel Avila (916) 698–2947 Department of Food and Agriculture File # 2023–1222–04 Oriental Fruit Fly Eradication Area This certificate of compliance amends the Oriental Fruit Fly Eradication Area to include Kern County.

Title 03 Amend: 3591.2 Filed 02/06/2024 Effective 02/06/2024 Agency Contact: Rachel Avila (916) 698–2947 State Water Resources Control Board File # 2024–0123–03 Scott and Shasta River Watersheds Drought Emer- gency Requirements This emergency action adopts regulations concern - ing Scott and Shasta River Watersheds drought re - quirements. The regulations authorize curtailments of diversions where flows are insufficient to protect fish. They allow for diversions for non–consumptive uses, minimum health and safety needs, and livestock wa - tering as specified.

The regulations establish a process for determining whether flows in the watershed are in- sufficient to support all water rights and the order of priority for curtailments as well as curtailment order reporting requirements, and provisions regarding pen- alties for violations of curtailment orders.

Title 23 Adopt: 875, 875.1, 875.2, 875.3, 875.5, 875.6, 875.7, 875.8, 875.9 Filed 02/01/2024 Effective 02/01/2024 Agency Contact: Marianna Aue (916) 327–4440 State Coastal Conservancy File # 2024–0103–01 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

Title 14 Amend: 13800 Filed 02/06/2024 Effective 03/07/2024 Agency Contact: Mary Small (510) 286–4181 Department of Health Care Access and Information File # 2023–1221–02 Promotion of Competitive Health Care Markets; Cost and Market Impact Review This change without regulatory effect corrects mi - nor typographical and organizational errors found in recently adopted emergency regulation text.

Title 22 Amend: 97431, 97438, 97442 Filed 02/01/2024 Agency Contact: Danielle Rogers (916) 326–3653 Department of Insurance File # 2023–1221–05 Gender Non–Discrimination in Automobile Insurance Rating This action by the Department of Insurance makes changes without regulatory effect by correcting cross– references necessitated by previous amendments to address gender non–discrimination in automobile in - surance rating. Title 10 Amend: 2632.5., 2632.9.

Filed 02/01/2024 Agency Contact: George Teekell (415) 538–4390 Commission on Peace Officer Standards and Training File # 2023–1219–02 Peace Officer Certificates This action implements reforms under SB 2 (2021), amending regulations to provide for additional peace officer hiring eligibility and certification require - ments and to provide additional standards for the Commission on Peace Officer Standards and Training to act against those certifications.

Title 11 Amend: 1202 Filed 01/31/2024 Effective 01/31/2024 Agency Contact: Michelle Weiler (916) 227–4870 Commission on Peace Officer Standards and Training File # 2023–1221–04 Employment Status Notifications This action by the Commission on Peace Officer Standards and Training (POST) amends employee sta- tus notification regulations to establish that any notice of appointment or separation submitted to POST more than 60 days after the initial date of appointment or separation must be accompanied by a letter of justifi - cation from the employing agency.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 194 Title 11 Amend: 1003, 1950 Filed 02/06/2024 Effective 02/06/2024 Agency Contact: Michelle Weiler (916) 227–4870 Department of Motor Vehicles File # 2023–1221–01 Vehicle Dealers Location of Business Records This regular rulemaking action amends the re - quirements for retention of original business records by vehicle dealers.

The amendment specifies that ve - hicle dealers may create original electronic business records as well as original paper business records and clarifies that certain existing requirements applicable to electronic copies of business records also apply to original electronic business records. Title 13 Amend: 272.02 Filed 02/05/2024 Effective 02/05/2024 Agency Contact: Randi Calkins (916) 282–7294 Office of the State Fire Marshal File # 2023–1215–03 Fire Hazard Severity Zones Fire Hazard Severity Zones This action by the Office of the State Fire Marshal (“Office”) relocates regulations currently located in

Article 1 (commencing with

Section 1280.00) of Subchapter 3.5 of

Chapter 7 of Division 1.5 of Title 14 of the California Code of Regulations (“CCR”) to

Chapter 17 (commencing with

Section 1280.00) of Title 19 of the California Code of Regulations. This action also revises the “State Responsibility Area Fire Hazard Severity Zones” maps, previously incorporat - ed by reference within the regulation text of

Section 1280.01 of Title 14 of the CCR. Title 14, 19 Adopt: 2200, 2201 Repeal: 1280.1 Filed 01/31/2024 Effective 04/01/2024 Agency Contact: Jamie Sammut (916) 594–6192 State Allocation Board File # 2023–1219–01 Leroy F. Greene School Facilities Act of 1998: CA Court Appeals This action amends various existing regulations governing whether school districts may retain sav - ings of grant funds that were not expended to com - plete a project. This action implements the holding in San Bernardino City Unified School District v. State Allocation Board, 79 Cal.App.5th 12 (2022).

Title 02 Amend: 1859.2, 1859.70.2, 1859.103, 1859.104, 1859.184.1, 1859.199 Repeal: 1859.169.1 Filed 02/01/2024 Effective 02/01/2024 Agency Contact: Lisa Jones (916) 376–1753 Commission on Peace Officer Standards and Training File # 2023–1218–02 Temporary Suspension of Certification This rulemaking action by the Commission on Peace Officer Standards and Training amends regu - lations relating to the temporary suspension of peace officer certification.

Title 11 Amend: 1208 Filed 02/01/2024 Effective 02/01/2024 Agency Contact: Michelle Weiler (916) 227–4870 Commission on Teacher Credentialing File # 2023–1222–06 PK–3 ECE Specialist Instruction Credential This resubmittal action establishes preconditions, standards, and teaching performance expectations for candidates seeking the PK–3 Early Childhood Education (ECE) Specialist Credential, for children in grades PK through 3, and to standardize parame - ters for acceptable coursework to meet the PK–3 ECE Specialist Credential requirements.

Title 05 Adopt: 80067.1, 80067.2, 80067.3 Amend: 80067 Filed 02/07/2024 Effective 04/01/2024 Agency Contact: Christina Villanueva (916) 327–8697 Department of Corrections and Rehabilitation File # 2023–1215–05 Condemned Inmate Transfer Program In this rulemaking action, the California Department of Corrections and Rehabilitation (CDCR) promul - gates regulations which allow CDCR to transfer con - demned inmates from San Quentin to other correc - tional facilities commensurate with the condemned inmate’s classification score.

CDCR also promulgates regulations regarding deductions from condemned in- mates’ income and the transfer of those deductions to the California Victim Compensation Board. Finally, CDCR amends regulations which discuss how secu -

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 7–Z 195 rity threat group assessment applies to condemned inmates.

Title 15 Amend: 3023, 3075, 3097, 3122, 3161, 3375, 3375.2, 3375.3, 3375.4, 3375.5, 3376.1, 3377.2 Filed 01/31/2024 Effective 01/31/2024 Agency Contact: Josh Jugum (916) 445–2266 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.