GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2019, NUMBER 39−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 27, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2019−0917−08 ...................................... 1289 Amendment Multi−County: Napa Valley Community College District Pacheco Pass Water District Sacramento Regional County Sanitation District State: California Highspeed Rail Authority TITLE 13.

CALIFORNIA HIGHWAY PATROL Inhalation Hazards Routes — Map 5 — Notice File Number Z2019−0912−01 ............................. 1290 TITLE 16. BOARD OF ACCOUNTANCY Outdated or Obsolete Provisions — Notice File Number Z2019−0913−01 ................................ 1292 TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES Conflict−of−Interest Code — Notice File Number Z2019−0917−06 ...................................... 1294 TITLE MPP.

DEPARTMENT OF SOCIAL SERVICES Electronic Interview for CalWORKs — Notice File Number Z2019−0917−07 .............................. 1295 GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Department of Toxic Substances Control: Trinity County Certified Unified Program Agency (CUP

A) Unified Program Fee Change ................................ 1297 (Continued on next page) Time- Dated Material

DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Flynn Creek Large Wood Augmentation Project — Phase II (Tracking Number: 1653−2019−049−001−R1) Mendocino County ............................... 1299 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Inconsistency Determination Number 1653−2019−043−001−R1, Van Duzen Pool/Bank, Humboldt County .............................. 1299 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−046−001−R3, Old Hill Ranch Sediment Reduction Project, Sonoma County .............. 1301 DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653−2019−047−001−R3, Geib Ranch Sediment Reduction, Sonoma County ....................... 1302 DECISION NOT TO PROCEED OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Concerning Level of Exposure to Chemicals Causing Reproductive Toxicity: Calculating Intake by the Average Consumer of a Product ............................................ 1304

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................ 1305 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 REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Napa Valley Community College District Pacheco Pass Water District Sacramento Regional County Sanitation District STATE: California Highspeed Rail Authority A written comment period has been established com- mencing on September 27, 2019 and closing on November 11, 2019.

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

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

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re−submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than November 11, 2019. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

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

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- 1289

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 13. CALIFORNIA HIGHWAY PATROL DIVISION 2,

CHAPTER 6,

ARTICLE 2.5, AMEND

SECTION 1157.14 Inhalation Hazards Routes − Map 5 (CHP−R−2019−06204) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations, Division 2,

Chapter 6,

Article 2.5,

Section 1157.14, regarding designated routes for the transporta- tion of inhalation hazards by commercial vehicles on highways in the Mojave and Barstow−Hinkley areas. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to Division 14.3, Transportation of Inhala- tion Hazards, commencing with

Section 32100 of the California Vehicle Code (CVC), the CHP shall adopt regulations specifying routes to be used in the trans- portation of inhalation hazards by commercial vehicles. The CVC requires the CHP to keep information current in regulations, with maps clearly indicating designated routes and a list of locations for inspection stops, re- quired inspection stops, and safe stopping places. The CHP’s field commands conduct annual surveys on the inhalation hazards routes and stops to determine if changes are necessary.

The proposed amendments will keep inhalation hazards routes consistent with the re- cently constructed Mojave Bypass, Barstow Inter- change, and Hinkley Expressway along State Route 58, and enhance public health and safety in these areas. The proposed amendments will also add a map label of a re- quired inspection stop for the newly completed Moun- tain Pass Joint Point of Entry Commercial Vehicle En- forcement Facility along Interstate 15 near the California/Nevada border.

The proposed amendments have received concur- rence from the CHP’s Inland Division, Kern County Fire Department, Barstow Fire Protection District, San Bernardino County Fire Department, California State Fire Marshal, and California Department of Transportation. This proposed regulatory action will continue to pro- vide a nonmonetary benefit to the protection of the health, safety, and welfare of California’s residents, workers, and environment. The changes to the applica- tion of the regulation are not substantive and bring the regulation in conformance with existing statute.

The proposed changes update and clarify highway routes designated for carriers transporting inhalation hazards, and contribute to transportation safety and public health. During the process of developing these regulations and amendments, the CHP 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 federal and state regulations.

PUBLIC COMMENT Any interested person may submit written comments on the proposed action via facsimile at (916) 322−3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Dr. Tian−Ting Shih P.O. Box 942898 Sacramento, CA 94298−0001 Written comments must be received by November 11, 2019. PUBLIC HEARINGS

Section 32102(

b) CVC requires the CHP to hold pub- lic hearings in each field operation Division of the De- partment in which are located proposed routes. Thus, the CHP will conduct a public hearing on the proposed regulation amendments at: California Highway Patrol Inland Division 847 East Brier Drive San Bernardino, CA 92408−2820 at 9:00 a.m. on November 15, 2019. A V AILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory action, the information upon which this action is based, and the proposed regulation text in strikeout and underline for- mat.

Requests to review or receive copies of this infor- mation should be directed to the CHP either at the above address, by facsimile at (916) 322−3154, or by calling the CHP, Commercial Vehicle

Section (CVS), at (916) 1290

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z 843−3400. All requests for information should include the following: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone num- ber in case the information is incomplete or illegible. The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP, CVS, for an appointment. All documents regarding the proposed action are available through the CHP’s website at https://www. chp.ca.gov/News−Alerts/Regulatory−Actions.

Any person desiring to obtain a copy of the adopted text and a final statement of reasons may request them at the above−noted address. Copies will also be posted on the CHP website. CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or the substance of the proposed regulations should be directed to Dr. Tian− Ting Shih or Sergeant Adam Roha, at (916) 843−3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or substantive in nature, the full text of the resulting regu- lation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL IMPACT AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will not impose any new mandate up- on local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Government Code (GC) Sections 17500−17630 require reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of Cal- ifornia, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.

Benefits of the Proposed Action: The proposed regu- lation updating designated routes for carriers transport- ing inhalation hazards will continue to provide benefits, including the nonmonetary benefit of protecting public health and safety for residents, workers, and the envi- ronment by providing a regulatory basis for enforce- ment efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has determined that the proposed regulato- ry action will not affect small businesses. The action is intended to clarify and update the designated routes for commercial vehicles transporting inhalation hazards on highways. As a result, no small business will be affected by the update. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine that no reasonable alternative con- sidered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The CHP invites in- terested parties to present statements or arguments with respect to alternatives to the proposed regulations dur- ing the written comment period. AUTHORITY This regulatory action is being taken pursuant to Sec- tion 32102 CVC. REFERENCE This action implements, interprets, or makes specific Sections 32101, 32102, 32103, 32104, and 32105 CVC. 1291

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z TITLE 16. BOARD OF ACCOUNTANCY NOTICE IS HEREBY GIVEN that the California Board of Accountancy (CBA) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at: California Board of Accountancy 2450 Venture Oaks Way, Suite 420 Sacramento, CA 95833 November 21, 2019 3:30 p.m.

Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under Contact Person in this Notice, must be received by the CBA at its office by November 12, 2019 or must be received by the CBA at the hearing. The CBA, upon its own motion or at the insistence 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 excep- tion of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri- or to its adoption from the person designated in this No- tice as contact person and will be mailed to those per- sons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Authority and Reference: Pursuant to the authority vested by sections 5010, 5018, 5027, 5082, 5134, and 5157 of the Business and Professions Code (BPC), and to implement, interpret or make specific sections 5018, 5024, 5082, 5134, and 5152 of the BPC, the CBA is considering changes to Division 1 of Title 16,

Article 2, Sections 7.1 and 8;

Article 10,

Section 70;

Article 11,

Section 75.5; and

Article 12, Sections 87.6 and 89.1 of the California Code of Regulations (CCR) as follows: INFORMATIVE DIGEST A. Informative Digest BPC

section 5010 authorizes the CBA to adopt regu- lations as may be reasonably necessary and expedient for the orderly conduct of its affairs and for the adminis- tration of this chapter. The regulations are in existence to establish the current requirements that must be met for examination, licensing, license renewal, and en- forcement. These regulations are referenced by CBA staff, stakeholders, licensees, and consumers, as well as other government organizations to determine various regulatory requirements regarding the accounting pro- fession in California.

In reviewing the provisions rele- vant to the CBA, several sections were identified that are obsolete and outdated. The regulatory proposal is as follows: Repeal Title 16, CCR

Section 7.1(

c) Section 7.1(

c) currently allows first−time applicants who passed the Uniform CPA Examination (CPA Ex- am) within the six−month period following the com- mencement of computer−based testing in California in 2004 to retain credit for the

section that was passed for a period of 24 months. The CBA is proposing to repeal this

section as the 24−month period had elapsed and the language is no longer necessary. Repeal Title 16, CCR

Section 8

Section 8 established the final filing deadlines for ap- plicants to apply for the CPA Exam when it was admin- istered as a paper and pencil examination. In 2004, the CPA Exam transitioned to a computer−based format. Because the CPA Exam is no longer administered as a paper and pencil examination, the CBA is proposing to repeal this

section as it is no longer relevant to current applicants. Amend Title 16, CCR

Section 70

Section 70 identifies fees that were in place between July 1, 2014 and June 30, 2016. As these fees were ef- fective only between July 1, 2014 and June 30, 2016, they are no longer relevant. The CBA is proposing to delete the outdated portions of this

section and to pro- vide further clarity regarding the fees that are relevant. Amend Title 16, CCR

Section 75.5

Section 75.5 provides references to regulatory and statutory requirements that applicants for an accountan- cy corporation must meet in order to obtain a Certificate of Registration from the CBA. The regulatory refer- ences identified as 75.7 and 75.10 are no longer in exis- tence. To ensure that applicants for an accountancy cor- poration have accurate information regarding licensing requirements, the language is being amended to reflect existing and relevant requirements. The proposed amendment would delete references to Sections 75.7 and 75.10 and add Sections 75.8 and 75.9.

Section 75.8 is being included to require that accountancy corpora- tions maintain adequate security for claims against it by its clients or each be deemed to agree that every share- holder of the corporation be jointly and severally liable for claims against the corporation by its clients arising out of the rendering of, or failure to render, professional services.

Section 75.9 is being included to ensure that applicants for an accountancy corporation adhere to the requirements of sections 13406 and 13407 of the Cor- porations Code and

section 5079 of the BPC regarding requirements and restrictions for share certificates. Amending this language will provide clear guidance to applicant corporations. 1292

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z Repeal Title 16, CCR

Section 87.6

Section 87.6 established the Report Quality Monitor- ing Committee, which is no longer in existence. The purpose of this committee was to monitor and promote compliance with applicable accounting principles and reporting standards by reviewing financial reports. This

section allows the Report Quality Monitoring Commit- tee to order licensees to complete continuing education that will contribute to licensees’ professional compe- tence. The CBA is proposing to delete this

section as the Report Quality Monitoring Committee is no longer in existence. Repeal Title 16, CCR

Section 89.1

Section 89.1 authorizes the Report Quality Monitor- ing Committee (as established in

Section 87.6) to re- quire licensees to supply selected financial reports for the committee’s review and establishes what constitutes a “financial report”. Because the committee is no longer in existence, the requirement to define what constitutes a “financial report” is no longer necessary. Repealing

Section 89.1 will eliminate outdated language that is no longer relevant. B. Policy Statement Overview/Anticipated Benefits of Proposal This regulatory proposal would eliminate obsolete and outdated provisions of the CBA’s regulations and amend sections to provide added clarity. Amending and repealing the identified regulations will benefit CBA stakeholders, licensees and consumers by providing clear, current, and relevant regulations. C.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the CBA 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. DOCUMENTS INCORPORATED BY REFERENCE None. 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. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None.

Cost to Any Local Agency or School District for Which Government Code Sections 17500 − 17630 Require Reimbursement: None. Business Impact: The CBA has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Cost Impact on Representative Private Person or Business: The CBA is not aware of any cost impacts that a rep- resentative private person or business would necessari- ly incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The CBA has determined that the proposed regula- tions would not affect small businesses. This regulatory proposal would eliminate obsolete and outdated provi- sions of the CBA’s regulations and amend sections to provide added clarity.

Amending and repealing the identified regulations will benefit CBA stakeholders, li- censees and consumers by providing clear, current, and relevant regulations and have no negative impact to businesses of any type or size. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The CBA has determined that this regulatory propos- al will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or ex- isting businesses or the expansion of businesses in the State of California.

Benefits of Regulation: The CBA has determined that this regulatory propos- al will have the following benefits to the health and wel- fare of California residents, worker safety, and state’s environment: This proposal would provide clarity to the CBA’s reg- ulations, ensuring stakeholders, licensees, and con- sumers can access relevant and current laws. This regulatory proposal does not affect worker safe- ty because it has nothing to do with worker safety. 1293

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z This regulatory proposal does not affect the state’s environment because it has nothing to do with the environment.

CONSIDERATION OF ALTERNATIVES The CBA must determine that no reasonable alterna- tive it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposal described in this Notice, or would be more cost effec- tive to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the above−mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The CBA has prepared an initial statement of the rea- sons for the proposed action and has available all the in- formation upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained at the hearing or prior to the hearing upon request from the CBA at 2450 Venture Oaks Way, Ste. 300, Sacramento, California, 95833.

A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions 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 rea- sons once it has been prepared, by making a written re- quest to the contact person named below or by access- ing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rule- making action may be addressed to: Name: Aaron Bone Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone Number: 916−561−1792 Fax Number: 916−263−3675 E−Mail Address: aaron.bone@cba.ca.gov The backup contact person is: Name: Peter Renevitz Address: 2450 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Telephone Number: 916−561−1742 Fax Number: 916−263−3678 E−Mail Address: peter.renevitz@cba.ca.gov Website Access: Materials regarding this proposal can be found at http://www.dca.ca.gov/cba/about−cba/laws−and− rules.shtml.

TITLE 22. DEPARTMENT OF HEALTH CARE SERVICES SUBJECT: Conflict−of−Interest Code Amendment, DHCS−19−006 NOTICE IS HEREBY GIVEN that the Department of Health Care Services (Department), pursuant to the authority vested in it by

section 87306 of the Govern- 1294

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z ment Code, proposes amendment to its Conflict−of− Interest Code. The purpose of these amendments is to implement the requirements of Sections 87300 through 87302, and

Section 87306 of the Government Code. The Department proposes to amend its Conflict−of− Interest Code to include employee positions that in- volve the making, or participation in the making of de- cisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

Section 87302 of the Government Code. The Depart- ment proposes other changes to reflect its current orga- nizational structure. Changes to the Conflict−of−Interest Code include: changes to the divisions and branches of the Depart- ment and the positions under each, reflecting the De- partment’s current organizational structure; additional positions, and changes to position classifications and duties that have occurred since the last amendment; and other technical changes.

Any person may submit written comments relating to the proposed amendments by submitting them no later than 5:00 p.m. on November 13, 2019, or at the conclu- sion of the public hearing, if one is requested, which- ever comes later. A public hearing has not been sched- uled. However, the Department will conduct a hearing if a written request for a public hearing is received from any interested person, or his or her representative, no later than 15 days prior to the close of the written com- ment period. The Department has determined that the proposed amendments: 1.

Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. The Department has determined that no alternatives 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- some to affected private persons, than the proposed amendments.

The Department has prepared a written explanation of the reasons for the proposed amendments. Requests for copies of the proposed amendment or explanation of the reasons, any inquiries concerning the proposed amendment, or any communication related to this notice should be directed to: Jami Terrell Senior Staff Attorney ConflictofInterestInquiry@dhcs.ca.gov (916) 345−8359 TITLE MPP. DEPARTMENT OF SOCIAL SERVICES (CDSS) ORD #0419−10 Electronic Interview for California Work Opportunities and Responsibility to Kids (CalWORKs) CDSS hereby gives notice of the proposed regulatory action(

s) described below. Any person interested may present statements or arguments orally or in writing rel- evant to the proposed regulations at a public hearing to be held on November 12, 2019, at the following address: Office Building #8 744 P St. Room 103 Sacramento, California The public hearing will convene at 10:00 a.m. and will remain open only if attendees are presenting testi- mony. The purpose of the hearing is to receive public testimony, not to engage in debate or discussion. The Department will adjourn the hearing immediately fol- lowing the completion of testimony presentations.

The above−referenced facility is accessible to persons with disabilities. If you need a language interpreter at the hearing (including sign language), please notify CDSS at least two weeks prior to the hearing. Statements or arguments relating to the proposals may also be submitted in writing, e−mail, or by facsimi- le to the address/number listed below. All comments must be received by 5:00 p.m. on November 12, 2019.

Following the public hearing CDSS may thereafter adopt the proposals substantially as described below or may modify the proposals if the modifications are suffi- ciently related to the original text. Except for nonsub- stantive, technical, or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who testify or submit written comments during the public comment period, and all persons who request notification. Please address requests for regulations as modified to the agency rep- resentative identified below.

Copies of the express terms of the proposed regula- tions and the Initial Statement of Reasons are available from the office listed below. This notice, the Initial Statement of Reasons and the text of the proposed regu- lations are available at: https://cdss.ca.gov/ 1295

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z inforesources/Letters−Regulations/Legislation−and− Regulations/CDSS−Regulations−Home−Page/CDSS− Regulation−Changes−In−Process−and−Completed− Regulations/Public−Hearing−Information. Additional- ly, all the information which CDSS considered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed below.

Following the public hearing, copies of the Final Statement of Reasons will also be available at the fol- lowing address: CONTACT California Department of Social Services Office of Regulations Development 744 P. Street, MS 8−4−192 Sacramento, CA 95814 Telephone: (916) 657−2856, Fax: (916) 654−3286 Email: ord@dss.ca.gov CHAPTERS Manual of Policies and Procedures,

Chapter 40−000 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW These proposed regulations amend CalWORKs in- terviewing regulations to comply with Senate Bill (SB) 947 (Chapter 798, Statutes of 2016), which provides County Welfare Departments (CWDs) the option to conduct the personal interviews in the CalWORKs pro- gram telephonically or by other electronic means. Cur- rent laws such as Welfare and Institutions Code (WIC)

section 11052.5 and Manual of Policies and Procedures sections 40−129.412 and 40−131.11 describe the inter- view requirements of CalWORKs applicants, including face−to−face interviews. These proposed regulation changes will only apply to individuals participating in the CalWORKs program. Before the enactment of SB 947, CWDs were re- quired to conduct a face−to−face interview prior to granting aid at application and at redetermination. SB 947 provides CWDs the option of conducting telephonic/electronic interviews for the CalWORKs program.

This regulatory action will benefit the health and wel- fare of California residents. The new electronic inter- viewing option offers a convenient and efficient way for individuals to apply and complete the eligibility deter- mination process for the CalWORKs program. This regulatory action does not make changes to regulations involving worker safety or the state’s environment. The amended and adopted regulations will increase the like- lihood of stable families moving towards self− sufficiency, resulting in a positive economic impact to the state.

In addition, the proposed regulations will make other technical, conforming changes, such as renumbering of sections and amending cross refer- ences, as necessary. CDSS conducted a review of existing regulations and evaluated the proposed regulations for any inconsisten- cy or incompatibility. CDSS has found these are the on- ly regulations needing amendments to include the tele- phonic/electronic interview option for the CalWORKs program.

Therefore, the proposed regulations are nei- ther inconsistent nor incompatible with existing state regulations, but do fulfill the intent of the Legislature in enacting SB 947. COST ESTIMATE 1. Costs or Savings to State Agencies: None. 2. Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500 − 17630: None. 3. Nondiscretionary Costs or Savings to Local Agencies: None. 4. Federal Funding to State Agencies: None. LOCAL MANDATE STATEMENT These regulations do not impose a mandate upon lo- cal agencies or on school districts.

There are no state− mandated local costs in this order that require reim- bursement under the laws of California. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS CDSS has made an initial determination that the pro- posed action will not have a significant, statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states. This determination was made based on the fact that these regulations only apply to individuals participating in the CalWORKs program.

STATEMENT OF POTENTIAL COST IMPACT ON PRIV ATE PERSONS OR BUSINESSES CDSS is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed ac- tion. This determination was made based on the fact that these regulations only apply to individuals participating in the CalWORKs program. 1296

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z SMALL BUSINESS IMPACT STATEMENT CDSS has made an initial determination that there is no impact on small businesses because of filing these regulations because these regulations are only applica- ble to state and county agencies. These regulations are mandated by SB 947 and are only applicable to the Cal- WORKs program; therefore, they do not have a cost im- pact 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 California nor result in the elimination of existing businesses or create or expand businesses in the State of California.

The amended and adopted regulations will increase the likelihood of stable families moving towards self− sufficiency, resulting in a positive economic impact to the state, as the new electronic interviewing option of- fers a convenient and efficient way for individuals to apply and complete the eligibility determination process for the CalWORKs program. There are no addi- tional benefits for worker safety or the state’s environ- ment, as the regulations only affect individuals apply- ing for the CalWORKs program.

STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, CDSS did not consider alternatives because the department is legally bound to implement WIC

section 11052.5, as required by SB 947 (Chapter 798, Statutes of 2016). CDSS must determine that no reasonable alternative considered or that has otherwise been identified and brought to the attention of CDSS would be more effec- tive in carrying out the purpose for which the regula- tions are proposed or would be as effective as and less burdensome to affected private persons than the pro- posed action, or would be more cost−effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law.

CDSS invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. AUTHORITY AND REFERENCE CITATIONS WIC sections 10553, 10554, 10604, and 18904 give CDSS the authority to write these regulations and WIC sections 10613, 11052.5, 11209, 11253.5, 11265.8, 11265.8(a), 11280, 11323.3, 11324.8(a), 11495.1, 11500(b), and 11511(

a) are being referenced to make these regulations more specific. CDSS REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Oliver Chu (916) 657−2586 Backup: Sylvester Okeke (916) 657−2586 GENERAL PUBLIC INTEREST CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Unified Program Fee

Schedule for Trinity County CUPA to increase over a period of two years. Notice is hereby given that the Secretary for the Cali- fornia Environmental Protection Agency (CalEPA) is adjusting the Unified Program fee

schedule for regulat- ed businesses in Trinity County, pursuant to the Califor- nia Code of Regulations, Title 27,

Section 15241(i). The California Department of Toxic Substances Con- trol (DTSC) is the Certified Unified Program Agency (CUPA) for Trinity County and provided CalEPA with information necessary to revise the fee schedule, which will cover the necessary and reasonable costs to imple- ment the Unified Program according to Title 27, Sec- tion 15241(b). In 2005, CalEPA designated DTSC to be the CUPA for Trinity County, as specified by Health and Safety Code

Section 25404.3, Subdivision (f)(2)(A). Health and Safety Code

Section 25404.5, Subdivision (a)(2)(

B) states that if the Secretary of CalEPA has des- ignated a state agency to act as the CUPA, the Secretary will determine the amount to be paid under the single fee system. CalEPA will increase the Trinity CUPA fees over a period of two years. CalEPA calculated a revised fee

schedule with implementation as follows: 1297

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z  An initial increase in the fee

schedule for Fiscal Year (FY) 2019/2020, as detailed in the attached Unified Program Fee

Schedule  A final increase in the fee

schedule for FY 2020/2021, as detailed in the attached Unified Program Fee

Schedule On August 9, 2019, CalEPA publicly noticed the pro- posed increases to the Unified Program Fee Schedules for Trinity CUPA in the California Regulatory Notice Register for a 30−day comment period. CalEPA re- ceived no comments during the 30−day period. The revised Unified Program Fee Schedules for Trin- ity CUPA are considered effective immediately upon fi- nal publication in the California Regulatory Notice Register. Unified Program Fee

Schedule For Trinity County 2019/2020 Fee Type: Flat Fee for All Businesses — Current Rate: $80 — Increase Amount: $153 — New Rate: $233 Fee Type: Hazardous Materials Business Plan (HMBP) — Current Rate: $155 — Increase Amount: $136 — New Rate: $291 Fee Type: Hazardous Waste Generators (HWG): All — Current Rate: $170 base — Increase Amount: n/a — New Rate: n/a Fee Type: HWG: Less than 1 ton — Current Rate: n/a — Increase Amount: $164 — New Rate: $334 Fee Type: HWG: 1 ton to less than 500 tons — Current Rate: n/a — Increase Amount: $306 — New Rate: $476 Fee Type: Aboveground Storage Tanks: Less than or equal to 10,000 gallons — Current Rate: $55 — Increase Amount: $186 — New Rate: $241 Fee Type: Aboveground Storage Tanks: Greater than 10,000 to less than 100,000 gallons — Current Rate: $145 — Increase Amount: $212 — New Rate: $357 Fee Type: Underground Storage Tanks: Less Than 19,000 gallons — Current Rate: $800 — Increase Amount: $985 — New Rate: $1,785 Fee Type: Underground Storage Tanks: Between or Equal to 19,000 to 34,000 gallons — Current Rate: $1,000 — Increase Amount: $1,205 — New Rate: $2,205 Fee Type: Underground Storage Tanks: Greater Than 34,000 gallons — Current Rate: $1,200 — Increase Amount: $1,318 — New Rate: $2,518 Fee Type: California Accidental Release Program — Current Rate: $1,200 — Increase Amount: $430 — New Rate: $1,630 Fee Type: Hazardous Waste Recyclers — Current Rate: $96 — Increase Amount: $201 — New Rate: $297 Fee Type: Small Quantity Onsite Hazardous Waste Treatment — Current Rate: $125 — Increase Amount: — $125 — New Rate: n/a Fee Type: Tiered Permitting — Current Rate: n/a — Increase Amount: n/a — New Rate: $497 Fee Type: Permit by Rule/Conditional Authorization — Current Rate: n/a — Increase Amount: n/a — New Rate: $497 Unified Program Fee

Schedule For Trinity County 2020/2021 Fee Type: Flat Fee for All Businesses — 2019/2020 Rate: $233 — Increase Amount: $0 — New Rate: $233 Fee Type: Hazardous Materials Business Plan (HMBP) — 2019/2020 Rate: $291 — Increase Amount: $206 — New Rate: $497 Fee Type: Hazardous Waste Generators: Less than 1 ton — 2019/2020 Rate: 334 — Increase Amount: $163 — New Rate: $497 Fee Type: Hazardous Waste Generators: 1 ton to less than 500 tons — 2019/2020 Rate: $476 — Increase Amount: $306 — New Rate: $782 Fee Type: Aboveground Storage Tanks: Less than or equal to 10,000 gallons — 2019/2020 Rate: $241 — Increase Amount: $185 — New Rate: $426 Fee Type: Aboveground Storage Tanks: Greater than 10,000 to less than 100,000 gallons — 2019/2020 Rate: $357 — Increase Amount: $211 — New Rate: $568 Fee Type: Underground Storage Tanks: Less Than 19,000 gallons — 2019/2020 Rate: $1,785 — Increase Amount: $986 — New Rate: $2,771 Fee Type: Underground Storage Tanks: Between or Equal to 19,000 to 34,000 gallons — 2019/2020 Rate: $2,205 — Increase Amount: $1,205 — New Rate: $3,410 Fee Type: Underground Storage Tanks: Greater Than 34,000 gallons — 2019/2020 Rate: $2,518 — Increase Amount: $1,319 — New Rate: $3,837 Fee Type: California Accidental Release Program — 2019/2020 Rate: $1,630 — Increase Amount: $430 — New Rate: $2,060 Fee Type: Hazardous Waste Recyclers — 2019/2020 Rate: $297 — Increase Amount: $200 — New Rate: $497 Fee Type: Tiered Permitting — 2019/2020 Rate: $497 — Increase Amount: $0 — New Rate: $497 Fee Type: Permit by Rule/Conditional Authorization — 2019/2020 Rate: $497 — Increase Amount: $0 — New Rate: $497 1298

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR Flynn Creek Large Wood Augmentation Project — Phase II (Tracking Number: 1653−2019−049−001−R1) Mendocino County California Department of Fish and Wildlife (CDFW) received a Request to Approve on September 17, 2019, that the Mendocino County Resource Conservation District proposes to carry out a habitat restoration or en- hancement project pursuant to Fish and Game Code

section 1653. The proposed project involves placing approximately 40 pieces of large wood in 25 sites. Project goals include reducing density dependent com- petition among juvenile coho during low−flow periods, improving shelter value, pool frequency, and pool depth, providing refugia during periods of high flow, and sorting spawning channel substrate. The proposed project will be carried out on the lower reach of Flynn Creek, a tributary to the North Fork Navarro River, ap- proximately 35 miles southeast of Fort Bragg, Mendo- cino County, California.

Coordinates of the Project site are approximately latitude 39.2626355, and longitude −123.59107. On August 1, 2019, the North Coast Regional Water Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Flynn Creek Large Wood Augmentation Project — Phase II.

The Regional Water Board determined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for coverage under the General 401 Order. The Regional Water Board is- sued a Notice of Applicability (WDID Number 1B190109WNME; ECM PIN Number CW−860261) for coverage under the General 401 Order on Septem- ber 9, 2019.

The Mendocino County Resource Conservation Dis- trict is requesting a determination that the project and associated documents are complete pursuant to Fish and Game Code

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

section 2081 subdivision (

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

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

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, the Mendocino County Resource Conserva- tion District will have the opportunity to submit under Fish and Game Code

section 1652. DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT INCONSISTENCY DETERMINATION (NUMBER 1653−2019−043−001−R1) Project: V an Duzen Pool/Bank Location: Humboldt County Applicant: Darleene Sampson Background Project Description: The Applicant, Darleene Samp- son, proposes to enhance or restore habitat within the Van Duzen River to provide a net conservation benefit for California Coastal Chinook ( Oncorhynchus tshawytscha) and northern California Steelhead ( O. mykiss).

The Van Duzen Pool/Bank Project (Project) in- cludes non−native plant removal, installation of a rip− rap groin (current deflector), and rip−rap protection along 100 feet of bank. The rip−rap will be backed by geo−textile fabric and native shrub and tree species will be interplanted. The Project has been developed without engineered plans for the rip−rap groin or bank armor and has not been reviewed by CDFW engineering staff.

During an August 21, 2019 site visit, California Department of Fish and Wildlife (CDFW) and Water Board staff rec- ommended the applicant further consider bioengi- neered bank stability solutions and suggested that the rip−rap groin not be installed. The Project plan, discus- sion of proposed work, species protection measures, site photos, and maps are on file with CDFW’s Habitat Conservation Planning Branch (HCPB). Project Size: The total area of ground disturbance as- sociated with the Project is approximately 0.89 acres and 100 linear feet.

The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemp- tion from the California Environmental Quality Act (Cal. Code Regs., tit. 14,

section 15333). Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code sec- 1299

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z tion 13050(e), resulting from the Project include those associated with the following: (1) installation of a rip− rap groin, and (2) 100 lineal feet of rip−rap bank armor.

Project Timeframes: Start date: September 2019 Completion date: September 2019 Work window: September 1 to September 30 Water Quality Certification Background: The North Coast Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Num- ber 1B190074WNHU, Electronic Content Manage- ment Identification (ECM PIN) Number CW−859169 for the Project.

The NOA describes the Project and re- quires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemen- tal document that sets forth measures to avoid and mini- mize impacts to Chinook and coho salmon, and steelhead. Receiving Water: Van Duzen River, tributary to the Eel River.

Filled or Excavated Area: Permanent area impacted: 0.89 acres maximum Temporary area impacted: None Length temporarily impacted: 0 linear feet Length permanently impacted: 100 linear feet Discharge V olume: 388 cubic yards of rip−rap (3,000−4,000 square feet) inter−planted with native vegetation (1,500 square feet), approximately 600 square feet of erosion control materials, and 2 cubic yards of soil. Project Location: Latitude 40.528245 N. and Longi- tude 124.035711 W. (NAD 83); APN: 206301008. Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Re- gional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Pub. Re- sources Code,

section 21000 et seq.). On July 16, 2019, the Director of CDFW received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653(c), CDFW filed an initial notice with the Office of Admin- istrative Law on July 18, 2019, for publishing in the General Public Interest

section of the California Regu- latory Notice Register (Cal. Reg. Notice File Number Z−2019−0718−02) on August 2, 2019. Because the Project may result in direct or indirect impacts to species protected by state and federal law, Fish and Game Code

section 1653(b)(4) requires a de- scription of species protection measures incorporated into the Project design to avoid and minimize impacts to those species. The request did not include species pro- tection measures for Western Pond Turtle as required by

section 1653(b)(4). Determination After review and consideration of the NOI, NOA, and attachments, including the additional species protec- tion measures, CDFW has determined that there is sub- stantial evidence to conclude the Project is not consis- tent with the Habitat Restoration and Enhancement Act because species protection measures have not been in- cluded for all species that will be impacted by this Project and therefore do not meet the conditions set forth in Fish and Game Code

section 1653(b)(4). This determination is based on the following considerations: 1. The NOI, NOA, and attachments did not include species protection measures for western pond turtle and does not comply with Fish and Game Code

section 1653(b)(4). 2. As mentioned above, the Project was developed without engineered plans and CDFW has determined that it has a high probability of failure. The failure of this Project may result in impacts to potentially present species protected by state and federal law and therefore does not comply with Fish and Game Code

section 1653(b)(4). 3. The Project does not meet the intent of the HREA. Fish and Game Code 1651(

b) defines a Habitat Restoration or Enhancement Project as “a Project with the primary purpose of improving fish and wildlife habitat.” The Primary Purpose of the proposed Project is bank stabilization. For the reasons described above, CDFW has deter- mined there is substantial evidence that the NOI, NOA, and attachments, including the additional species pro- tection measures, are not consistent with the Habitat Restoration and Enhancement Act because the species protection measures were not incorporated into the Project design to avoid and minimize impact to poten- tially present species protected by state and federal law as required by Fish and Game Code

section 1653(b)(4). Pursuant to Fish and Game Code

section 1653(e), the Project may only be authorized under Fish and Game Code

section 1652. 1300

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653−2019−046−001−R3 Project: Old Hill Ranch Sediment Reduction Project Location: Sonoma County Applicant: Will Bucklin Notifier: Sonoma Resource Conservation District Background Project Location: The Old Hill Sediment Reduction Project (Project) is located at 14900 Highway 12, Glen Ellen, California at a property owned by Will Bucklin, Assessor Parcel Number (APN) 054−150−003, and af- fects an unnamed tributary to Sonoma Creek.

The un- named tributary to Sonoma Creek supports populations of common aquatic organisms but does not appear to support any federally or state listed threatened, endan- gered, or candidate species. Project Description: Will Bucklin (Applicant) pro- poses to enhance or restore habitat within an unnamed tributary to Sonoma Creek to provide a net conservation benefit for steelhead (Onchorhynchus mykiss) and Cali- fornia freshwater shrimp ( Syncaris pacifica).

Conser- vation benefits are proposed by reducing sediment in- put into Sonoma Creek, which is listed as impaired with high levels of sediment on California’s Clean Water Act

Section 303(

d) list and has a Total Maximum Daily Load established. The Project includes decommission- ing of an existing culvert crossing, realignment of the creek channel, bank stabilization, and restoration plantings. Project Size: The total area of ground disturbance as- sociated with the Project is approximately 0.05 acres and 100 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemp- tion from the California Environmental Quality Act (Cal. Code Regs., title 14,

section 15333). Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code sec- tion 13050 subdivision (e), resulting from the Project include those associated with the following: (1) rock riprap, (2) permeable gravel, and (3) compost amendment.

Project Timeframes: Start date: September 2019 Completion date: October 2019 Work window: September 1 − October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and reduce sediment input into Sonoma Creek, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicabili- ty (NOA) for Coverage under the State Water Re- sources Control Board General 401 Water Quality Cer- tification Order for Small Habitat Restoration Projects SB12006GN (Order) (CIWQS Reg.

Meas. 430867, CIWQS PLACE ID858632) for the Project. The NOA describes the Project and requires the Applicant to com- ply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to common aquatic species. Receiving Water: Unnamed tributary to Sonoma Creek. Filled or Excavated Area: Permanent area impacted: 0.04 acres Temporary area impacted: 0.01 acres maximum Length temporarily impacted: 50 linear feet Length permanently impacted: 57 linear feet Dredge Volume: None.

Discharge V olume: 23 cubic yards (cy) of rock riprap, 6 cy of permeable gravel, 20 cy compost amendment, and native vegetation (approximately 25 native riparian plants, 8 willow posts, and multiple willows). Project Location: Latitude 38.348994 N. and Longitude 122.507075 W. (NAD 83); APN: 054−150−003. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Re- gional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Public Re- sources Code,

section 21000 et seq.). On August 20, 2019, the Director of CDFW received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 subdi- vision (c), CDFW filed an initial notice with the Office of Administrative Law on August 27, 2019, for publish- ing in the General Public Interest

section of the Califor- nia Regulatory Notice Register (Cal. Reg. Notice File Number Z−2019−0827−05) on September 9, 2019. Up- 1301

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z on approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and relat- ed species protection measures are consistent with HREA as to the Project and meet the conditions set forth in Fish and Game Code

section 1653 for authorizing the Project. Specifically, CDFW finds that:

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

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

section 1653, subdivision (b)(4), were included in an attach- ment to the NOI, which contains the following cate- gories:

(1) Construction−period Water Quality Protec- tion and Erosion and Sedimentation Control Measures;

(2) Post−construction and Sediment Control and Water Quality Protection Requirements;

(3) General Program Conditions for Vegetation Management; and

(4) Gener- al Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the NOI, Environmental Protection Measures for LandSmart Program Projects Covered by the Sonoma RCD LandSmart Program Mit- igated Negative Declaration Document. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Monitoring and Reporting Plan LandSmart On−the−Ground for Old Hill Ranch Sediment Reduction Project, Glen Ellen, California, prepared by the Sonoma RCD.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Ap- plicant to submit a Notice of Completion (NOC) no lat- er than 30 days after the project has been completed. A complete NOC includes at a minimum:  photographs with a descriptive title;  date the photograph was taken;  name of the photographic site;  CIWQS Reg. Meas. and CIWQS PLACE ID indicated above;  success criteria for the Project.

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

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and no- tice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: james.hansen@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

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

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (commenc- ing with

section 1900) of Division 2 and

Chapter 1.5 (commencing with

section 2050) of Division 3. Addi- tionally, the Applicant must adhere to all measures con- tained in the approved NOA, and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Ap- plicant shall be required to obtain a new consistency de- termination from CDFW. (See generally Fish and Game Code,

section 1654, subd. (c).) DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653−2019−047−001−R3 Project: Geib Ranch Sediment Reduction Location: Sonoma County Applicant: Jim Geib Notifier: Sonoma Resource Conservation District Background Project Location: The Geib Ranch Sediment Reduc- tion Project (Project) is located at 660 Kenilworth Av- enue, Kenwood, CA 95452, at a property owned by Jim Geib, Assessor Parcel Number (APN) 050−140−005, 1302

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z and affects an unnamed tributary to Sonoma Creek. The unnamed tributary to Sonoma Creek supports popula- tions of common aquatic organisms but does not appear to support any federally or state listed threatened, en- dangered, or candidate species. Project Description: Jim Geib (Applicant) proposes to enhance or restore habitat within an unnamed tribu- tary to Sonoma Creek to provide a net conservation ben- efit for steelhead (Onchorhynchus mykiss) and Califor- nia freshwater shrimp ( Syncaris pacifica).

Conserva- tion benefits are proposed by reducing sediment input into Sonoma Creek, which is listed as impaired with high levels of sediment on California’s Clean Water Act

Section 303(

d) list and has a Total Maximum Daily Load established. The Project includes decommission- ing of two culvert stream crossings, a bank stabiliza- tion, an armored crossing, and native riparian plantings. Project Size: The total area of ground disturbance as- sociated with the Project is approximately 0.16 acres and 330 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical exemp- tion from the California Environmental Quality Act (Cal. Code Regs., title 14,

section 15333). Project Associated Discharge: Discharge of materials into Waters of the State, as defined by Water Code sec- tion 13050 subdivision (e), resulting from the Project include those associated with the following: (1) rock riprap, (2) permeable gravel, and (3) compost amend- ment.

Project Timeframes: Start date: September 2019 Completion date: October 2019 Work window: September 1 − October 31 Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and reduce sediment input into Sonoma Creek, the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) issued a Notice of Applicabili- ty (NOA) for Coverage under the State Water Re- sources Control Board General 401 Water Quality Cer- tification Order for Small Habitat Restoration Projects SB12006GN (Order) (CIWQS Reg.

Meas. 431776, CIWQS PLACE ID 859294) for the Project. The NOA describes the Project and requires the Applicant to com- ply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth measures to avoid and minimize impacts to common aquatic species. Receiving Water: Unnamed tributary to Sonoma Creek. Filled or Excavated Area: Permanent area impacted: 0.16 acres Length permanently impacted: 330 linear feet Dredge Volume: None.

Discharge V olume: 115 cubic yards (cy) of rock riprap, 16 cy of permeable gravel, 19 cy compost amendment, and native vegetation (approximately 25 native riparian plants). Project Location: Latitude 38.412369 N. and Longitude 122.561759 W. (NAD 83); APN: 054−150−003. Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Re- gional Water Board staff determined that the Project, as described in the Notice of Intent (NOI) complies with the California Environmental Quality Act (Public Re- sources Code,

section 21000 et seq.). On August 20, 2019, the Director of CDFW received a notice from the Applicant requesting a determination pursuant to Fish and Game Code

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

section 1653 subdi- vision (c), CDFW filed an initial notice with the Office of Administrative Law on August 27, 2019, for publish- ing in the General Public Interest

section of the Califor- nia Regulatory Notice Register (Cal. Reg. Notice File Number Z−2019−0827−06) on September 9, 2019. Up- on approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). Determination CDFW has determined that the NOA, NOI, and relat- ed species protection measures are consistent with HREA as to the Project and meet the conditions set forth in Fish and Game Code

section 1653 for authorizing the Project. Specifically, CDFW finds that:

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

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

section 1653, subdivision (b)(4), were included in an attach- ment to the NOI, which contains the following cate- gories:

(1) Construction−period Water Quality Protec- tion and Erosion and Sedimentation Control Measures; 1303

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z

(2) Post−construction and Sediment Control and Water Quality Protection Requirements;

(3) General Program Conditions for Vegetation Management; and

(4) Gener- al Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the NOI, Environmental Protection Measures for LandSmart Program Projects Covered by the Sonoma RCD LandSmart Program Mit- igated Negative Declaration Document. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring pa- rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Monitoring and Reporting Plan LandSmart On−the−Ground for Geib Ranch Sediment Reduction Project, Kenwood, California, prepared by the Sonoma RCD.

Notice of Completion Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Ap- plicant to submit a Notice of Completion (NOC) no lat- er than 30 days after the project has been completed. A complete NOC includes at a minimum:  photographs with a descriptive title;  date the photograph was taken;  name of the photographic site;  CIWQS Reg. Meas. and CIWQS PLACE ID indicated above;  success criteria for the Project.

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

section 1653, subdivision (g), the Applicant shall submit the monitoring plan, monitoring report, and no- tice of completion to CDFW as required by the General Order. Applicant shall submit documents electronically to: james.hansen@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CDFW’s approval of a habitat restoration or enhance- ment project pursuant to

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

Chapter 6 (com- mencing with

section 1600) and

Chapter 10 (commenc- ing with

section 1900) of Division 2 and

Chapter 1.5 (commencing with

section 2050) of Division 3. Addi- tionally, Applicant must adhere to all measures con- tained in the approved NOA, and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Ap- plicant shall be required to obtain a new consistency de- termination from CDFW. (See generally Fish and Game Code,

section 1654, subd. (c).) DECISION NOT TO PROCEED OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Pursuant to Government Code

Section 11347 WITHDRA WAL OF NOTICE OF PROPOSED RULEMAKING PROPOSITION 65, TITLE 27, CAL CODE OF REGS,

SECTION 25821 (

a) AND (

c) Level of Exposure to Chemicals Causing Reproductive Toxicity: Calculating Intake by the Average Consumer of a Product On October 5, 2018, the Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking to adopt amendments to Title 27, California Code of Regulations,

section 25821. The amendments clarified when and how a person could av- erage concentrations of a listed chemical in a food, and that the use of the arithmetic mean was the default method of calculation of individual exposure. OEHHA amended the proposal on July 5, 2019, based on the public comments received and provided an additional comment period. OEHHA is withdrawing the regula- tory proposal at this time. If OEHHA decides to initi- ate a rulemaking on these topics later, we will provide the public with notice and an opportunity to comment.

Inquiries concerning the rulemaking should directed to Monet Vela at (916) 323−2517, or by e−mail at monet.vela@oehha.ca.gov, or by mail to OEHHA, P .O. Box 4010, Sacramento, California 95812−4010. Ryan Mahoney is a back−up contact person for inquiries con- cerning this action and is available at (916) 445−4693 or ryan.mahoney@oehha.ca.gov. 1304

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH SECRETARY OF STATE This

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates indi- cated. 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.

File# 2019−0903−02 CALIFORNIA ALTERNATIVE ENERGY AND ADV ANCED TRANSPORTATION FINANCING AUTHORITY Commercial Energy Efficiency Financing Program This action readopts emergency regulations which authorize the California Alternative Energy and Ad- vanced Transportation Financing Authority (Authori- ty) to administer the “Commercial Energy Efficiency Financing Program” which enables the Authority to continue to promote energy savings and the reduction of greenhouse gases through more affordable small business energy efficiency upgrades.

Title 4 ADOPT: 10092.1, 10092.2, 10092.3, 10092.4, 10092.5, 10092.6, 10092.7, 10092.8, 10092.9, 10092.10, 10092.11, 10092.12, 10092.13, 10092.14 Filed 09/12/2019 Effective 09/16/2019 Agency Contact: David Gibbs (916) 653−2212 File# 2019−0806−04 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION Calculation of Estimated Use Tax — Use Tax Table This action amends a component of the use tax liabili- ty factor calculation formula beginning June 1, 2019. The use tax liability factor is used in calculating a tax payer’s use tax liability.

This action is exempt from the Administrative Procedure Act pursuant to Government Code sections 11340.9(

g) and 15570.40(b). Title 18 AMEND: 1685.5 Filed 09/12/2019 Effective 09/12/2019 Agency Contact: Richard Bennion (916) 445−2130 File# 2019−0731−02 DEPARTMENT OF PUBLIC HEALTH Reportable Disease Changes This action by the Department of Public Health amends the list of reportable diseases and conditions and reporting methodology applicable to health care providers and laboratories. This action is exempt from the Administrative Procedure Act pursuant to Health and Safety Code

section 120130.

Title 17 AMEND: 2500, 2505 Filed 09/12/2019 Effective 10/01/2019 Agency Contact: Veronica Rollin (916) 445−2529 File# 2019−0802−02 EDUCATION AUDIT APPEALS PANEL Supplement to Audits of K−12 LOCAL EDUCATION AGENCIES — FISCAL YEAR 2018−19 This certificate of compliance makes permanent the supplemental 2018−19 Guide for Annual Audits of K−12 Local Education Agencies and State Compliance Reporting (Audit Guide Supplement). (See OAL Mat- ter Number 2019−0212−03E.) Title 5 AMEND: 19810 Filed 09/16/2019 Effective 09/16/2019 Agency Contact: Mary Kelly (916) 445−7745 File# 2019−0802−01 FAIR EMPLOYMENT AND HOUSING COUNCIL Fair Housing In this resubmitted regulatory action, the Council adopts regulations related to the protection against dis- crimination in the context of fair housing.

The regula- tions provide

definitions. They also deal with liability for discriminatory housing practices, discriminatory ef- fects and the burden of proof in establishing discrimina- tory effects, legally sufficient justifications for prac- tices that have discriminatory effects, harassment, retal- iation, real estate transactions practices, discrimination in land use practices, reasonable accommodations, as- sistance animals, and consideration of criminal history information in housing.

Title 2 ADOPT: 12005, 12010, 12060, 12061, 12062, 12063, 12100, 12120, 12130, 12155, 12161, 12162, 12176, 12177, 12178, 12179, 12180, 12185, 12264, 12265, 12266, 12267, 12268, 12269, 12270, 12271 Filed 09/16/2019 Effective 01/01/2020 Agency Contact: Brian Sperber (213) 337−4495 1305

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NUMBER 39-Z File# 2019−0903−03 STATE COMPENSATION INSURANCE FUND 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 2 AMEND: 52400 Filed 09/18/2019 E ffective 10/18/2019 Agency Contact: Susan Davey (916) 924−6342 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Of - fice of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the volume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov. 1306