Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 47–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NOVEMBER 24, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–1114–08 ........................................ 1523 AMENDMENT STATE AGENCY: Delta Protection Commission TITLE 4. POLLUTION CONTROL FINANCING AUTHORITY California Capital Access Program — Notice File Number Z2023–1114–07 ................................. 1524 TITLE 16.

ARCHITECTS BOARD Disciplinary Guidelines — Notice File Number Z2023–1114–04 .......................................... 1526 TITLE 20.

ENERGY COMMISSION Federal and Administrative Updates — Notice File Number Z2023–1113–03 ................................ 1532 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Health Protective Concentration for Noncancer Effects of Hexavalent Chromium Drinking Water ............... 1537 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–129–001–R1, South Fork Ten Mile River Large Wood Enhancement Project, Mendocino County ........................................................... 1538 ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF STATE HOSPITALS Regarding Administrative Directive Number 644, dated March 28, 2023, Regarding Trust Office Functions ....... 1540 (Continued on next page)

OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION 2023 OAL DETERMINATION NUMBER 2(S) —

SUMMARY DISPOSITION Concerning the Challenging as Underground Regulations the Loss of Family Visiting (Overnight) Program and Contraband, Issued by the California Department of Corrections and Rehabilitation .............. 1540 A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD Notice of Availability of Index of Precedential Decisions ................................................ 1542

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1543 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1523 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest code of the following: CONFLICT–OF–INTEREST CODE AMENDMENT STATE AGENCY: Delta Protection Commission A written comment period has been established commencing on November 24, 2023 and closing on January 8, 2024.

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

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

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

Any written com - ments must be received no later than January 8, 2024. 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 this code because this is not a new program mandated on local agencies by the code since the requirements described herein were man - dated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the code 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 code shall approve the code as submitted, re - vise the proposed code and approve it as revised, or re- turn 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 should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest code may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1524 TITLE 4. POLLUTION CONTROL FINANCING AUTHORITY The California Pollution Control Financing Author- ity (“CPCFA” or the “Authority”) proposes to amend

Section 8078 of Title 4 of the California Code of Reg- ulations (the “Proposed Regulations”) concerning the administration of the California Pollution Control Fi - nancing Authority’s California Capital Access Loan Program (“CalCAP”) for the Collateral Support Pro - gram (“CalCAP/CSP”). These Proposed Regulations are necessary to ensure program clarity and continu - ity, and to refine and clarify program features of the California Pollution Control Financing Authority Act (the “Act”).

The Proposed Regulations have been ap - proved by the Office of Administrative Law (“OAL”) on an emergency basis, and this proposed rulemaking would make these changes permanent. AUTHORITY AND REFERENCE Authority: Sections, 44520(a), 44520(

b) and 44559.5(f), Health and Safety Code. Reference: Sections 44559–44559.9, Health and Safety Code. Reference:

Section 12 U.S. Code § 5703(b)(4). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law establishes the Capital Access Program (“CalCAP”) and authorizes the Authority to contract with specified financial institutions to make loans to eligible small businesses that may have difficulty ob - taining capital. (Health and Safety Code, § 44559) The proposed amendments to the CalCAP Collater- al Support Program regulations will revise and update the

definitions in order to accelerate the State Small Business Credit Initiative (SSBCI) funding to Partici - pating Financial Lenders. The proposed amendments to the regulations will amend Program eligibility and guidelines to increase lender engagement and partic - ipation. The amended regulations provide additional incentives, within U.S. Treasury and SSBCI Program guidelines, which encourage lenders to enroll more loans into the Collateral Support Program. The Authority has performed a search of existing regulations and has determined that the proposed reg - ulations are not inconsistent or incompatible with ex - isting state regulations. § 8078.29.

Definitions. This

section defines terms commonly used throughout the regulations to avoid ambiguity or misunderstanding.

Section 8078.29(a). Amends the term “Annual Fee” to extend the term of lines of credit from 48 months to 60 months.

Section 8078.29(b). Removes the term “Annual Recapture.”

Section 8078.29(k). Removes the term “Green & Manufacturing Loans.”

Section 8078.29(n). Am en ds an d r e d u c e s th e min- imum “Principal Loan Amount” from $50,000 to $25,000.

Section 8078.29(r)(i), (ii), (iii), (iv). Adds the defi - nition of “Socially and Economically Disadvantaged Individuals (SEDI) Contribution,” and eligibility re - quirements that are required by U.S. Treasury in or - der to provide additional support for Borrowers that qualify.

Section 8078.29(s). Amends and increases “Term of Support” from 48 months to 60 months. Necessity. In consultation with Participating Finan - cial Institutions, it was determined that these changes will encourage more loan enrollments and incentivize Participating Financial Institutions, thus accelerating funding to Participating Financial Institutions. § 8078.31. Loan Enrollment. This

section defines terms commonly used throughout the regulations to avoid ambiguity or misunderstanding.

Section 8078.31(a)(1)(

A) and (B). Removes A Green & Manufacturing Loan or a Small Business Loan as a requirement of a Qualified Loan to streamline the eligibility criteria for an eligible loan.

Section 8078.31(a)(2). Amends and increases the maximum term of support from 48 months to 60 months.

Section 8078.31(b)(4)(C). Amends the initial ap - proval to include confirmation of the total amount of Collateral Support to include provisions for Borrowers who are in a Severely Affected Community or Social- ly and Economically Disadvantaged Individuals.

Section 8078.31(d). Amends how Collateral support will be determined to streamline support calculations for eligible loans.

Section 8078.31(d)(1)(2). Removes loan amount re - quirements for Green & Manufacturing Loans to streamline the eligibility criteria for an eligible loan and removes maximum contribution amounts.

Section 8078.31(

A) and (B). Removes tiered loan amount requirements to streamline the eligibility of all small business loans.

Section 8078.31(d)(2). Amends and increases the term of support for all loans from 4 years to 5 years.

Section 8078.31(d)(3). Amends criteria for increased contribution by including Socially and Economically Disadvantaged Qualified Businesses. Sections 8078.31(

e) and (e)(1) and (2). Amends how Closing Fees are calculated for the additional term of

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1525 support exclusive of Severely Affected Community or Socially and Economically Disadvantaged Individual incentives.

Section 8078.31(e)(2)(E). A d d s f e e c r i t e r i a f o r i n- creased Term of Support for loans with a term greater than 48 months but does not exceed 60 months.

Section 8078.31(e)(3). Amends and increases sup - port for lines of credit from 48 months to 60 months. Necessity. In consultation with Participating Finan - cial Institutions, it was determined that these changes will encourage more loan enrollments and incentivize Participating Financial Institutions, thus accelerating funding to Participating Financial Institutions. § 8078.32. Loss Reserve Accounts. Sections 8078.32(b)–(c). Amends and removes ele - ments for Annual Recapture. § 8078.33. Claim for Reimbursement Sections 8078.33(

a) and (c). R e m o v e s Ann ua l R e- capture element from loan defaults. Necessity. In consultation with Participating Finan - cial Institutions, it was determined that these changes will encourage more loan enrollments and incentivize Participating Financial Institutions, thus accelerating funding to Participating Financial Institutions. DISCLOSURE REGARDING THE PROPOSED ACTION The Authority has made the following determina - tions regarding the effect of the Proposed Regulations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Cost to any local agency or school district that must be reimbursed in accordance with Gov - ernment Code sections 17500–17630: None. Other non–discretionary cost or savings im - posed on local agencies: None. Cost or savings in federal funding to the state: None. Significant effect on housing costs: None. Cost impact on a representative private person or business: The Authority is not aware of any cost impacts that a representative private person or busi - ness would necessarily incur in reasonable compli - ance with the proposed action.

Small Business: The proposed regulations will not have an effect on small business because the pro - gram is voluntary for any small business that seeks to apply for financial assistance in any of the CalCAP Programs.

Significant, statewide, adverse economic impact directly affecting businesses including the ability of California businesses to compete with business - es in other states: The Authority has made an initial determination that the proposed regulations will not have a significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Assessment regarding effect on jobs/businesses: The proposed regulations will not have a significant effect on the creation or elimination of jobs in Califor- nia, significantly affect the creation of new businesses or elimination of existing businesses within Califor - nia, or significantly affect the expansion of businesses currently doing business in California.

Benefits of the regulation to the health and wel- fare of California residents, worker safety, and the state’s environment: The broad objective of the reg - ulations is to provide sustainable access to capital for small businesses that have difficulty obtaining financ- ing. The proposed regulations are not expected to af - fect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Authority invites interested parties to present statements with respect to alternatives to the Proposed Regulations during the written comment period. AGENCY CONTACT PERSON Written comments, inquiries, and any questions regarding the substance of the Proposed Regulations must be submitted or directed to: Lauren Dominguez, SSBCI Program Manager California Pollution Control Financing Authority P.O. Box 942809 Sacramento, CA 94209–0001 Telephone: (916) 653–9249 Fax: (916) 589–2805 Email: Lauren.Dominguez@treasurer.ca.gov

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1526 Kamika McGill, Associate Treasury Program Officer California Pollution Control Financing Authority P.O. Box 942809 Sacramento, CA 94209–0001 Telephone: (916) 653–0289 Fax: (916) 589–2805 Email: Kamika.McGill@treasurer.ca.gov WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Proposed Regulations to the Authority. The writ - ten comment period on the Proposed Regulations ends at 5:00 p.m. (PT) on January 9, 2024.

All comments must be submitted in writing to the Agency Contact Person identified in this Notice by that time and day in order to be considered by the Authority. AVAILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the Authority’s office at 901 P Street, Third Floor, Sacramento, California 95814, during normal busi - ness working hours.

As of the date this Notice is pub - lished in the California Regulatory Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the Proposed Regulations. Copies of these items and all the information upon which the proposed rulemaking is based are available upon request from the Agen - cy Contact Person designated in this Notice or at the Authority’s website located at http://www.treasurer. ca.gov/cpcfa/index.asp. PUBLIC HEARING CPCFA does not intend to conduct a Public Hearing on the matter of these regulations, unless requested.

Any interested person may submit a written request for a public hearing no later than 15 days prior to the close of the written comment period. AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and follow - ing a public hearing, if any is requested pursuant to

Section 11346.8 of the Government Code, the Author- ity may adopt the Proposed Regulations substantially as described in this Notice, without further notice. If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with changes clearly indicated) avail - able to the public for at least fifteen (15) calendar days before the Authority adopts the proposed regulations, as modified. Inquiries about and requests for copies of any changed or modified regulations should be ad - dressed to the Agency Contact Person identified in this Notice.

The Authority will accept written comments on the modified regulations for fifteen (15) calendar days after the date on which they are made available. AVAILABILITY OF FINAL STATEMENT OF REASONS Upon completion, a copy of the Final Statement of Reasons may be requested from the Agency Contact Person designated in this Notice or found on the Au - thority’s website at http://www.treasurer.ca.gov/cpcfa/ index.asp. TITLE 16. ARCHITECTS BOARD DISCIPLINARY GUIDELINES NOTICE IS HEREBY GIVEN that the California Architects Board (Board) is proposing to take the ac - tion described in the Informative Digest, below.

PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his/her autho - rized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing ad - dressed to the individuals listed under Contact Person in this Notice.

WRITTEN COMMENT PERIOD Written comments, including those sent by mail, facsimile, or email to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than by 5:00 p.m. on Tuesday, January 9, 2024, or must be received by the Board at the hearing, should one be scheduled. AVAILABILITY OF CHANGED OR MODIFIED TEXT The Board, upon its own motion or at the insistence of any interested party, may thereafter adopt the pro - posals substantially as described below or may modi -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1527 fy such proposals if such modifications are sufficient- ly related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days pri - or to its adoption from the person designated in this Notice as Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: P ur s u a n t t o t h e a u t h o ri- ty vested by sections 5510.1 and 5526 of the Business and Professions Code (BPC), and

section 11400.20 of the Government Code (Gov. Code), and to implement, interpret or make specific sections 125.3, 125.6, 140, 141, 143.5, 480, 481, 482, 490, 496, 499, 5536, 5536.1, 5536.22, 5536.4, 5536.5, 5553, 5558, 5560, 5561.5, 5565, 5577, 5578, 5579, 5580, 5582, 5582.1, 5583, 5584, 5585, 5586, 5588, and 5600.05 of the BPC, and sec - tions 11400.20 and 11425.50 of the Gov. Code, the Board is considering changes to

article 8 of division 2 of title 16 of the California Code of Regulations (CCR) as follows: INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board licenses architects and enforces the Ar - chitect Practice Act (Act) (BPC

section 5500, et seq.). BPC

section 5510.5 mandates that the protection of the public shall be the highest priority of the Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is in- consistent with other interests sought to be promoted, the protection of the public shall be paramount. BPC

section 5526 authorizes the Board, in accordance with the Administrative Procedure Act (APA) (Gov. Code

section 11400 et seq.), to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Act. The Board is responsible for discipline of archi - tects and enforcement of

Chapter 3.5 of Division 3 of the BPC that regulates the profession (Act) (BPC, §§ 5510.1, 5525). Existing regulation at 16 CCR sec - tion 154 requires the Board, in reaching a decision on a disciplinary action under the APA, to consider the Disciplinary Guidelines [Rev. 2000] ( Guidelines), which are incorporated by reference.

Deviation from the Guidelines, including the standard terms of pro - bation, is appropriate where the Board in its sole dis - cretion determines that the facts of the particular case warrant such a deviation — for example: the presence of mitigating factors; the age of the case; evidentiary problems; and rehabilitation.

The Board has determined that, in order to better protect the public from licensees who have commit - ted one or more violations of the BPC or the CCR, conform the Guidelines to recent statutory changes, and provide clarity to probationers of the terms of pro- bation, the Board needs to revise its Guidelines. The current Guidelines contain many outdated terms and conditions of probation and, in many instances, do not reflect recent updates to statutory law and other changes that have occurred in the probationary envi - ronment since the last update in 2000.

If the Guide- lines are amended, the corresponding regulation, 16 CCR

section 154, must also be amended to incorpo - rate by reference the revised Guidelines as revised and approved by the Board in April 2013 and April 2014, approved by the Board on September 10–11, 2014, re- vised and approved in February 27, 2019, August 1, 2019, and September 8, 2023, by the Board. The Board is proposing the following changes: ● Amend

Section 154 of

Article 8 of Division 2 of Title 16 of the CCR The existing regulation references the “Disciplin- ary Guidelines” [2000]. This regulatory proposal will update that regulatory reference to reflect a new revision date of 2023 and new title content to include the words “and Model Orders.” This means that it is necessary to incorporate the up - dated Guidelines by reference due to the size of the document. The proposal would also update the authority and reference sections of the regula- tion to add relevant BPC and Gov. Code sections. ● Amend the Disciplinary Guidelines that are in - corporated by reference in

Section 154 of

Article 8 of Division 2 of Title 16 of the CCR The proposed amendments to the Guidelines are as follows: ○ Add a Cover Page to the Guidelines This proposal will add a cover page to pro - vide the title “California Architects Board Disciplinary Guidelines and Model Orders (Revised 2023), and the Board’s address and contact information. ○ Update the Table of Contents to the Guidelines This proposal will update the Table of Con - tents to provide the organization of the Guidelines. ○ Amend the Introduction of the Guidelines This proposal would amend the Introduc - tion to accurately reflect the appropriate ter- minology used throughout the Guidelines.

The Introduction would also be amended to clarify that the Guidelines reference statu - tory and regulatory provisions, provide no - tice that all disciplinary actions will be pub - lished on the Internet, and add language

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1528 about obtaining copies of the Guidelines and the possible charge assessed for providing paper copies. ○ Amend the “General Considerations” Sec - tion of the Guidelines This proposal would amend the “General Considerations”

section to add general rec - ommendations and policy language regard - ing citations, proposed decisions, stipulated settlements, cost reimbursement, criteria to be considered in denying, suspending, or re- voking a license, and mitigation and rehabil- itation evidence. ○ Amend the “Definition of Penalties”

Section of the Guidelines This proposal would amend the “Definition of Penalties”

section to add the definition of “public reproval” as a type of penalty and provide the definition of public reproval. ○ Amend or Modify the Board’s Use of Pronouns This proposal would also make other syntax or clean–up changes to change “his/her” to “their” wherever used in the Guidelines. ○ Update the “Business and Professions Code”

Section of the Guidelines This proposal would amend the “Business and Professions Code”

section to add ad - ditional titles and minimum and maximum proposed penalties for violations of the Act, including for violations of BPC sec - tions 5536, 5536.1, 5536.22, 5536.4, 5536.5, 5558, 5586, 5588, and 5600.05, This pro - posal would also amend the maximum and/ or minimum penalties for the existing BPC code

section violations already listed in this

section to include more appropriate penal - ties, revise recommendations for optional terms and conditions of probation, and make grammatical and other technical clean–up changes. ○ Update the “General Provisions of Busi - ness and Professions Code”

Section of the Guidelines This proposal would amend the “Gener - al Provisions of Business and Professions Code”

section to add additional titles and minimum and maximum proposed penalties for violations of the BPC provisions that are enforced by the Board, including for viola - tions of 140, 141, 143.5, 490, and 499. This proposal would also amend the maximum and/or minimum penalties for the violations of the other BPC sections already listed in the Guidelines to include more appropriate penalties, revise recommendations for op - tional terms and conditions of probation, and make grammatical and other technical clean–up changes. ○ Update the “California Code of Regula - tions”

Section of the Guidelines This proposal would amend the “California Code of Regulations”

section to add a new title and proposed minimum and maximum penalties for violation of

section 160(f) (in - formed consent), include the minimum and maximum penalties for violations of the oth- er regulatory provisions and include penal - ties and optional conditions of probation, and make grammatical and other technical clean–up changes. ○ Make technical and non–substantive chang- es to the title of the “Violation of Probation”

Section This proposal would re–number and change the formatting of this

section to make it con- sistent with the formatting and titles of other sections of the Guidelines. ○ Add a Model Orders

Section This proposal would add a Model Orders sec- tion to include model orders that the Board recommends be used for the following: A. licensees’ discipline (with model order language for revocation of license, re - vocation stayed and licensee placed on probation, public reproval, or surrender of license in lieu of revocation); B. petitions for reinstatement (with model order language for when the Board acts to grant petition with no restrictions on the license, grant petition and place li - censee on probation, grant petition and place licensee on probation after com - pletion of condition precedent, or deny the petition); C. petitions to revoke probation (with model order language for when the Board acts to revoke probation or ex - tend probation after violations have been found); D. applicants (with model order language for when the Board acts to grant the ap- plication with no restrictions, grant the application and place licensee on pro - bation, grant application and place li - censee on probation after completion of conditions precedent, or deny the appli- cation); and,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1529 E. civil penalty (with model order lan - guage to be used only in cases applica - ble to the authority in BPC

section 5588 and used in lieu of revocation). ○ Update the Standard Conditions of Probation This proposal would add a sentence provid - ing notice that the Board reserves discretion to waive any conditions of probation on a case–by–case basis.

This proposal adds new titles and Standard Conditions with mod - el language for use in every probationary order:” “Maintain Active and Current Li - cense;” “Notification of Changes to Address and/or Telephone Number;” “License Sur - render While on Probation;” and “Cost Re - imbursement;” and would make revisions to compliance requirements for the following existing standard terms: “Obey All Laws;” “Submit Quarterly Reports;” and “Tolling for Out–of–State Practice, Residence or in– State Practice” conditions.

This proposal also would make other minor grammatical and technical clean–up changes to existing conditions. ○ Update the Optional Conditions of Probation This proposal would create the following new titles and Optional Conditions of proba- tion with model language that may be used as recommended in these Guidelines: “Writ- ten Examination,” “Ethics Course;” and “Fine.” This proposal also would revise the following existing optional terms and model language for: “California Supplemental Ex - amination,” “Continuing Education Cours - es,” “Restitution,” “Criminal Probation Reports,” and “Notification to Clients/Ces - sation of Practice” conditions.

Additionally, this proposal would delete the term for “Cost Reimbursement” (which is proposed to be moved to the standard conditions of proba - tion section) license and wall certificate re - linquishment and make minor changes to existing conditions including minor gram - matical and technical clean–up changes to existing conditions. ○ Delete the “Rehabilitation Criteria” This proposal would remove the “Rehabili - tation Criteria”

section in its entirety as out - dated. The

summary for the Board’s cur - rent rehabilitation criteria and reference to the regulation that already covers this issue (section 110) is proposed to be added to the new “Criteria to be Considered”

section of the Guidelines. ○ Repeal the Quarterly Probation Report of Compliance Form; Add narrative

summary to the standard condition for “Submit Quar- terly Reports” condition This proposal would strike the “Quarter - ly Probation Report of Compliance [Rev 2/2019]” form as an attachment at the end of the Guidelines as the information requested in the form has been added to the “Submit Quarterly Reports” condition as a narrative list, including: (1) the respondent’s full legal name, tele - phone number, and address of record; (2) the name of the firm respondent works for, respondent’s title, firm address and telephone number; (3) a statement of all of respondent’s land- scape architecture activities during the reporting period.

The statement shall include: the client’s name, address and telephone number, project title/address, project description, project’s start and end date and a description of respon - dent’s involvement; (4) a requirement that respondent provide a list of activities related to the prac - tice of landscape architecture by activ - ity and date; and, (5) a requirement that respondent provide a certification under penalty of perjury that the information provided in the re- port is true and correct.

This proposal would allow probationers to submit the current information required by the form in alternative formats to the Board. ANTICIPATED BENEFITS OF PROPOSAL The proposed amendments make the Guidelines consistent with current law and the current probation - ary environment, clarify the terms and conditions of probation to reduce the likelihood of misinterpreta - tion, provide model orders, and strengthen consumer protection.

The Board anticipates that the updated Guidelines will be a more useful tool for the Board, applicants and licensees, Administrative Law Judges (ALJs), le - gal counsel, Board staff, and the public by providing a more accurate overview of the Board’s processes in formal disciplinary actions. The updated Guidelines will also serve as an educational and guidance tool for the ALJs who administer hearings for the Board. The regulatory proposal will improve the consistency of penalties for violations of the Act and its regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1530 This regulatory proposal promotes the fairness and standardization of cases requiring formal discipline by clarifying the conditions under which licensees and applicants shall be subject to varying levels of disci - pline and terms of probation.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations. INCORPORATION BY REFERENCE This proposal would incorporate by reference the document entitled “Disciplinary Guidelines” (Revised 2023). The Guidelines are incorporated by reference as they are too lengthy and cumbersome to be includ - ed in the CCR.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Fed- eral Funding to the State: None. The proposed regula- tions do not result in a fiscal impact to the state. This proposal provides a more accurate overview of the Board’s processes in formal disciplinary actions, which will provide greater clarity to licensees, con - sumers, the Board, the Office of Attorney General, and ALJs by outlining relevant and transparent stan - dards directly related to violations outlined in law.

The Board does not anticipate additional workload or costs resulting from the proposed regulations. This proposal does not change the fines for violations, so no additional revenues are anticipated. The regulations do not result in costs or savings in federal funding to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None.

Business Impact: The Board has made an initial de- termination that the proposed regulatory action would have no significant statewide adverse economic im - pact directly affecting business, including the ability of California businesses to compete with businesses in other states. The following studies/relevant data were relied upon in making the above determination: The proposed regulatory action only impacts licens- ees and applicants who are disciplined by the Board for violations of the laws and regulations within its juris - diction.

The Board does not have the authority to take administrative action against a business. The Board currently regulates approximately 21,000 licensed ar - chitects and 11,000 applicants who are in the process of meeting examination and licensure requirements. The proposed regulatory action only affects a negli- gible number of licensees and applicants who, through their conduct, subject themselves to disciplinary ac - tion for violations of the laws and regulations within the Board’s jurisdiction.

Any “adverse economic im - pact” would only occur as the result of a disciplinary order following a formal administrative proceeding and a finding of fact affirming a violation of the laws and/or regulations within the Board’s jurisdiction. Any potential “adverse economic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of architecture in California.

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 necessarily incur in reasonable compliance with the proposed action. The proposed regulations would re - vise existing disciplinary guidelines but would not change fine amounts. The proposed regulatory action only adversely affects a negligible number of licens - ees and applicants who, through their conduct, subject themselves to disciplinary action for violations of the laws and regulations within the Board’s jurisdiction.

Any potential “adverse economic impact” may be avoided simply by complying with the existing laws and regulations governing the practice of architecture in California. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board has determined that the proposed regu - lation would not affect small businesses as it only af - fects licensees and applicants who are disciplined for violations of the Act and/or Board regulations. Busi - nesses operated by licensees and applicants who are in compliance with the law will not incur any fiscal im - pact.

The Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1531 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or exist - ing businesses or the expansion of businesses in the State of California. The proposed regulatory action only impacts licensees and applicants who are dis - ciplined by the Board for violations of the laws and regulations within its jurisdiction.

The Board does not have the authority to take administrative action against a business. The Board currently regulates approximately 21,000 licensed architects and 11,000 applicants who are in the process of meeting examination and licensure re - quirements. The proposed regulatory action only ad - versely affects a negligible number of licensees and applicants who, through their conduct, subject them - selves to disciplinary action for violations of the laws and regulations within the Board’s jurisdiction.

Any “adverse economic impact” would only occur as the result of a disciplinary order following a formal ad - ministrative proceeding and a finding of fact affirming a violation of the laws and/or regulations within the Board’s jurisdiction. Any potential “adverse economic impact” may be avoided simply by complying with the laws and regulations governing the practice of archi - tecture in California.

Benefits of Regulation: The Board has determined that this regulatory pro - posal will have the following benefits to health and welfare of California residents: The Board has determined that updating its Disci - plinary Guidelines through this regulatory propos - al will benefit the health and welfare of California residents by enhancing the Board’s ability to take appropriate action against licensees and applicants who, through their conduct, subject themselves to disciplinary action by violating the Act and/or Board regulations.

Additionally, this proposal will benefit Deputy At - torneys General (DAG), ALJs, and others involved in the disciplinary process by ensuring consistency in the

interpretation and application of penalties in ad - ministrative disciplinary actions. This regulatory proposal does not affect worker safety and this proposal is not related to the State’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable al - ternative 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 effec - tive and less burdensome to affected private persons than the proposal described in this Notice, or would be more cost–effective 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 if a hearing is requested or in writing relevant to the above determinations. INITIAL STATEMENT OF REASONS AND INFORMATION The Board has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed reg - ulations, and any document incorporated by refer - ence, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the California Architects Board at 2420 Del Paso Road, Suite 105, Sacramento, Califor - nia 95834 or by telephoning the Contact Person listed below.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regu - lations are based is contained in the rulemaking file, which is available for public inspection by 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 request to the Contact Person named below or by ac - cessing the website listed below.

CONTACT PERSON 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:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1532 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 Website Access: Materials regarding this proposal can be found at www.cab.ca.gov ( https://cab.ca.gov/ news/laws/proposed_regulation.shtml). TITLE 20. ENERGY COMMISSION FEDERAL AND ADMINISTRATIVE UPDATES APPLIANCE EFFICIENCY REGULATIONS TITLE 20,

ARTICLE 4, SECTIONS 1601–1609, CALIFORNIA CODE OF REGULATIONS DOCKET NUMBER 22–AAER–04 INTRODUCTION Notice is hereby given that the California Energy Commission (CEC) proposes to amend the California Code of Regulations (CCR), Title 20,

Article 4, after considering all comments, objections, and recommen- dations regarding the proposed action. The proposed federal and administrative updates include: ● Updates to align with current federal law. ● Updates to the data submittal requirements and processes. ● Removal of a redundant aspect of the marking re- quirement for commercial and industrial fans and blowers. ● Updates and streamlining to CEC’s product com- pliance review, enforcement, and administrative proceedings. ● Administrative and non–substantive changes for clarity and consistency.

PUBLIC HEARING A public hearing will be held on the proposed regu- lations at the date and time below. Interested persons or their authorized representatives may present state - ments, arguments, or contentions relevant to the pro - posed regulations at the public hearing. The record for this hearing will be kept open until every person has had an opportunity to provide comment. Public Hearing January 9, 2024 10:00 a.m. (Pacific Time) The hearing will be held remotely to improve and enhance public access through teleconferencing op - tions. Instructions for remote participation are below.

REMOTE ATTENDANCE The public hearing may be accessed by clicking the Zoom link below or visiting Zoom at https://join. zoom.us and entering the ID and password below. If you experience difficulties joining, you may contact Zoom at (888) 799–9666 extension 2 or the Office of the Public Advisor, Energy Equity and Tribal Affairs at publicadvisor@energy.ca.gov or (916) 654–4489 or toll–free at (800) 822–6228. Zoom Link: https://energy.zoom.us/j/83096131403?pwd=SG dGYVNKck5jTy9Ya29MSGk4c3hpUT09 Webinar ID: 830 9613 1403 Password: 815540 To participate by telephone dial (213) 338–8477 or (888) 475–4499 (toll–free).

When prompted, enter the Webinar ID and password listed above. To comment or ask a question over the telephone, dial *9 to “raise your hand” and *6 to mute/unmute your phone line. PUBLIC ADVISOR The CEC’s Office of the Public Advisor, Energy Equity and Tribal Affairs provides public assistance in participating in CEC proceedings. For information on participation or to request interpreting services or reasonable accommodations, email publicadvisor@ energy.ca.gov, call (916) 654–4489, or toll–free (800) 822–6228.

Requests for interpreting services and rea - sonable accommodations should be made at least five days in advance. The CEC will work diligently to ac - commodate requests. Zoom: If you experience difficulties with the Zoom platform, please contact the Office of the Public Ad - visor, Energy Equity and Tribal Affairs via email or phone. MEDIA INQUIRIES Direct media inquiries to the Media and Public Com- munications Office at (916) 654–4989 or mediaoffice@ energy.ca.gov. PUBLIC COMMENT PERIOD The public comment period for the Proposed Action will be held from November 24, 2023, through Jan- uary 8, 2024.

Any person may submit written com - ments to the CEC for consideration on or prior to Jan- uary 8, 2024. The CEC appreciates receiving written comments at soon as possible. Comments submitted

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1533 outside this comment period are considered untimely. The CEC may, but is not required to, respond to un - timely comments, including those raising significant issues. Written and oral comments, attachments, and asso - ciated contact information (including address, phone number, and email address if provided in a comment) will become part of the public record of this pro - ceeding with access available via any internet search engine. The CEC encourages the use of its electronic commenting system.

Visit the e–commenting page at https://www.energy.ca.gov/proceeding/federal– and–administrative–updates–title–20–appliance– efficiency–regulations?auHash=yF–j6t_nS1–xnc9Tb J4DLLvOOOf3P4TkMg8zlbN0DNs, which links to the comment page for this docket. Enter your contact information and a comment title describing the subject of your comment(s). Comments may be included in the “Comment Text” box or attached as a downloadable, searchable document consistent with Title 20, CCR,

Section 1208.1. The maximum file size allowed is 10 MB. Written comments may also be emailed. Include docket number 22–AAER–04 in the subject line and email to docket@energy.ca.gov. A paper copy may be sent to: California Energy Commission Docket Unit Docket Number 22–AAER–04 715 P Street, MS–4 Sacramento, CA 95814 To ensure you receive notice of any changes to the proposed regulations in this proceeding, please follow the instructions provided at the end of this notice to join the proceeding email subscriber list or provide a valid email or mailing address with your comments. STATUTORY AUTHORITY AND REFERENCE Public Resources Code sections 25213, 25218(e), and 25402(a)–(

c) authorize the CEC to adopt rules or regulations, as necessary, to implement, interpret, and make specific Public Resources Code

section 25402(c). INFORMATIVE DIGEST

Summary of existing laws and regulations/Policy statement overview The Warren–Alquist Act establishes the CEC as California’s primary energy policy and planning agen- cy. Sections 25213, 25218(e), and 25402(

c) of the Pub- lic Resources Code mandate and/or authorize the CEC to adopt rules and regulations, as necessary, to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy and water by prescribing effi - ciency standards and other cost–effective measure for appliances whose use requires a significant amount of energy or water statewide. One of the ways the CEC satisfies this requirement is through the Appliance Efficiency Regulations, Title 20, sections 1601–1609, which contain

definitions, test procedures, efficiency standards, enforcement provi - sions, and marking and certification requirements for state and federally regulated appliances. Further, the regulations require that appliance manufacturers cer - tify to the CEC that their products meet all applica - ble state and Federal appliance efficiency regulations before their products can be included in the CEC’s Modernized Appliance Efficiency Database System (MAEDbS) of appliances approved to be sold or of - fered for sale within California. Over time, previous - ly adopted regulations can become duplicative, out of date, or require updates to best implement the CEC’s legislative mandate. To ensure Title 20,

Article 4 re - flects current regulatory authority consistently, CEC proposes the following federal and administrative updates. First, the CEC is providing updates to reflect feder - al appliance efficiency laws from the Department of Energy. The CEC’s Appliance Efficiency Regulations are designed to provide manufacturers, retailers, and consumers of appliances with a clear and comprehen - sive set of both federal and state regulations in a single location. These updates will ensure the Appliance Ef - ficiency Regulations will reflect federal law, providing clarity and regulatory certainty to regulated parties.

Also related to these changes is the removal of outdat- ed state performance standards for boilers and furnac- es. These appliances have existing federal standards that preempt state standards. As a result, those state standards are no longer in effect and can be removed from the Appliance Efficiency Regulations for clarity.

Second, the CEC is modifying the certification pro- cess and data submittal requirements for certain ap - pliances to ensure that manufacturers can properly certify to MAEDbS that their regulated products are compliant with the most current energy performance standards and testing requirements. These modifica - tions also help to streamline the certification process and help maintain the usability of MAEDbS. Third, the CEC is removing the redundant text size requirement included within the labeling requirements for commercial and industrial fans and blowers.

The label is already required to be legible, so the text size requirement places an unnecessary burden on manu - facturers and serves no purpose. Fourth, the CEC is updating and streamlining the CEC’s product compliance review and administrative proceedings relating to enforcement. The amend -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1534 ments remove a redundant process that either has been superseded by the CEC’s civil penalty authority or is not required under any statute. The amendments also reflect the evolution of the CEC’s compliance program and statutory changes since the passage of Senate Bill 454 (Sen. Bill Number 454 (2011–2012 Regular Sess.), which authorized civil penalties, and the development of implementing regulations in 2015.

Finally, The CEC is proposing to make non– substantive clarification, numbering, ordering, cross– reference, and grammatical changes to effectively communicate the regulation in a precise and clear manner. None of the proposed non–substantive chang- es materially alter any requirement, right, responsi - bility, condition, prescription, or other regulatory el - ement of any CCR provision, nor do they have any other regulatory effect.

The proposed changes will ensure that the CEC Ap- pliance Efficiency Regulations reflect state and federal law, ensure that manufacturers can properly certify to MAEDbS that their regulated products are compliant with the most current requirements, remove outdated and redundant language, update and streamline the CEC’s product compliance review and administra - tive proceedings, and improve regulatory text through clarification and formatting edits. These changes pro - vide clarity and regulatory certainty to the regulated parties.

Difference from existing comparable federal regulations or statute The proposed amendments ensure that the CEC’s Appliance Efficiency Regulations accurately reflect current federal regulations for the purpose of includ - ing a complete set of both state and federal regulations addressing appliance water and energy efficiency. The CEC does not enforce the federal appliance efficiency standards, and there is therefore no duplication in the application of the federal standards and there are no conflicts between state and federal law.

Broad objectives of the regulations and the specific benefits anticipated by the proposed amendments The broad objective of this rulemaking is to provide federal alignment and administrative updates to Ti - tle 20,

Article 4, CCR. This includes updates to align with current federal law, updates to the data submittal requirements and processes, removal of a redundant marking requirement for fans and blowers, updates and streamlining to CEC’s product compliance re - view, enforcement and administrative proceedings, and other administrative and non–substantive changes for clarity and consistency.

The benefits of the proposed regulations will be to eliminate duplicative and outdated information, en - hance the clarity and regulatory certainty of the regu - lations for stakeholders, and streamline internal com - pliance review and administrative process. Determination of inconsistency or incompatibility with existing state regulations The CEC has conducted an evaluation to identi - fy other regulations in this area and has found none. Therefore, the CEC has determined that the proposed regulations are neither inconsistent nor incompatible with existing state regulations.

DOCUMENTS INCORPORATED BY REFERENCE The CEC proposes to incorporate by reference the following documents which include references to fed- eral standards that preempt state law as set forth in 42 U.S.C. § 6297(a)–(c): ● ANSI/AMCA Standard 214–21 “Test Proce - dure for Calculating Fan Energy Index (FEI) for Commercial and Industrial Fans and Blowers” (March 1, 2021) ● ANSI/AMCA Standard 240–15 “Laboratory Methods of Testing Positive Pressure Ventilators for Aerodynamic Performance Rating” (May 9, 2015) ● ASME A112.18.1–2018/CSA B125.1–18 “Plumb- ing Supply Fittings” (July 2018) ● 10 C.F.R.

section 429.12 ● 10 C.F.R.

section 429.16 ● 11 C.F.R.

section 429.32(a) ● 10 C.F.R.

section 429.69 ● 10 C.F.R.

section 429.70 ● 10 C.F.R.

section 430.23(i) (Appendix I1 to sub - part B of

part 430) ● 10 C.F.R.

section 430.23(j) (Appendix J to sub - part B of

part 430) ● 10 C.F.R.

section 430.23(m) (Appendix M1 to subpart B of

part 430) ● 10 C.F.R.

section 430.23(aa) (Appendix Y1 to subpart B of

part 430) ● 10 C.F.R.

section 431.92 ● 10 C.F.R.

section 431.154 ● 10 C.F.R.

section 431.174 ● 10 C.F.R.

section 431.174 (Appendix A to Subpart J of

Part 431) All documents are available for review at the CEC located at 715 P Street, Sacramento, California 95814 MANDATED BY FEDERAL LAW OR REGULATIONS The proposed changes to the federal requirements in the Appliance Efficiency Regulations reflect cur - rent federal law. None of the proposed changes to the state–specific requirements conflict with federal law;

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1535 rather changes are proposed, such as removing state test procedures and state standards that are preempted by federal law, to ensure consistency with federal reg- ulations and statutes. OTHER STATUTORY REQUIREMENTS None. LOCAL MANDATE DETERMINATION None. FISCAL IMPACTS The CEC has made the following initial determinations: ● Cost to any local agency or school district re - quiring reimbursement pursuant to Government Code

Section 17500 et seq.: None. ● Cost or savings to any state agency: None. ● Non–discretionary cost or savings imposed upon local agencies: None. ● Cost or savings in federal funding to the state: None. SIGNIFICANT EFFECT ON HOUSING COSTS None.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The CEC has made an initial determination that the proposed regulations will not have a statewide adverse economic impact directly affecting business, includ - ing the ability of California businesses to compete with businesses in other states.

The proposed changes will ensure the Appliance Ef- ficiency Regulations reflect current federal law, ensure that manufacturers can properly certify to MAEDbS that their regulated products are compliant with the most current requirements, remove outdated and re - dundant language, update and streamline the CEC’s product compliance review and administrative pro - ceedings, and improve the regulatory text through clarification and formatting edits. These changes pro - vide clarity and regulatory certainty to the regulated parties.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The CEC concludes that: (1) the proposal will not create jobs within California, (2) the proposal will not eliminate jobs within California, (3) the proposal will not create new businesses in California, (4) the proposal will not eliminate existing businesses with - in California, and (5) the proposal will not result in the expansion of businesses currently doing business within the state.

Benefit of the Proposed Action: The benefits of the proposed regulations will be to eliminate duplicative and outdated information and enhance the clarity and regulatory certainty of the regulations. The proposed regulations will not adversely affect the health and welfare of California residents, worker safety, or the state’s environment. COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS The CEC is not aware of any cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the Proposed Action.

There are no cost impacts to a representative private person, as individuals are not required to comply with the regulations. The proposed changes will ensure the Appliance Ef- ficiency Regulations reflect current state and federal law, ensure that manufacturers can properly certify to MAEDbS that their regulated products are compliant with the most current requirements, remove outdated and redundant language, update and streamline the CEC’s product compliance review and administrative proceedings, and improve the regulatory text through clarification and formatting edits.

These changes pro - vide clarity and regulatory certainty to the regulated parties. BUSINESS REPORT The proposed changes to product reporting require - ments for appliances subject to federal test procedures would not require additional mandatory data reporting beyond what is already required to be collected and reported to the federal government, except for televi - sions. For televisions within the scope of the amended federal test procedure, the proposed regulations would amend data reporting requirements on manufacturers of these products.

The proposed regulations would re- quire manufacturers to certify each model of televi - sion within the scope of the regulations to the CEC’s Modernized Appliance Efficiency Database System by submitting updated data about each television

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1536 model consistent with the amended federal test proce- dure. This data reporting requirement is otherwise not required by federal law, unless a manufacturer makes a representation of the energy use or energy efficiency of their product. Certifying a model with updated data would also allow customers, distributors and retailers to understand the energy consumption of these prod - ucts. It is necessary for the health, safety, or welfare of the people of the state, that these regulations, which require a report, apply to businesses.

EFFECT ON SMALL BUSINESS The proposed regulations will not affect small businesses. The proposed changes will ensure the CEC’s Appli- ance Efficiency Regulations reflect current state and federal law, ensure that manufacturers can properly certify to MAEDbS that their regulated products are compliant with the most current requirements, remove outdated and redundant language, update and stream - line the CEC’s product compliance review and ad - ministrative proceedings, and improve the regulatory text through clarification and formatting edits.

These changes provide clarity and regulatory certainty to the regulated parties. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

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

The Energy Commission invites interested persons to present statements or arguments concerning alter - natives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSON Questions should be addressed to: Corrine Fishman, Regulations Manager Efficiency Division Corrine.fishman@energy.ca.gov OR Carlos Baez Efficiency Division Carlos.baez@energy.ca.gov COPIES OF THE INITIAL STATEMENT OF REASONS, THE EXPRESS TERMS, AND RULEMAKING FILE The CEC will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office located at 715 P Street, Sacramento CA 95814 As of the date this no - tice is published in the Notice Register, the rulemak - ing file consists of this notice, the express terms, the Initial Statement of Reasons and any documents re - lied upon.

Copies may be obtained by contacting Corrine Fishman or accessed through the CEC web - site at https://www.energy.ca.gov/proceeding/federal– and–administrative–updates–title–20–appliance– efficiency–regulations?auHash=yF–j6t_nS1–xnc9Tb J4DLLvOOOf3P4TkMg8zlbN0DNs. AVAILABILITY OF CHANGES TO ORIGINAL PROPOSAL FOR AT LEAST 15 DAYS PRIOR TO AGENCY ADOPTION/REPEAL/AMENDMENT OF RESULTING REGULATIONS Participants should be aware that any of the pro - posed regulations could be changed as a result of pub- lic comment, staff recommendation, or recommen - dations from Commissioners.

Moreover, changes to the proposed regulations not indicated in the express terms could be considered if they improve the clarity or effectiveness of the regulations. If the CEC consid- ers changes to the proposed regulations pursuant to Government Code

Section 11346.8, a full copy of the text and any additional documents relied upon will be available for review at least 15 days prior to the date on which the CEC adopts or amends the resulting regulations. COPY OF THE FINAL STATEMENT OF REASONS At the conclusion of the rulemaking, persons may obtain a copy of the Final Statement of Reasons once it has been prepared, by visiting the CEC website at https://www.energy.ca.gov/proceeding/federal– and–administrative–updates–title–20–appliance– efficiency–regulations?auHash=yF–j6t_nS1–xnc9Tb J4DLLvOOOf3P4TkMg8zlbN0DNs or contacting Corrine Fishman.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1537 AVAILABILITY OF DOCUMENTS ON T HE INTERNET The CEC maintains a website to facilitate public access to documents prepared and considered as part of this rulemaking proceeding. Documents prepared by the CEC for this rulemaking have been posted on our website at https://www.energy.ca.gov/proceeding/ federal–and–administrative–updates–title–20– appliance–efficiency–regulations?auHash=yF–j6t_ nS1–xnc9TbJ4DLLvOOOf3P4TkMg8zlbN0DNs.

INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS PROCEEDING To stay informed about this proceeding and re - ceive documents and notices of upcoming workshops and hearings as they are filed, please subscribe to the proceeding email, which can be accessed here: https://www.energy.ca.gov/proceeding/federal– and–administrative–updates–title–20–appliance– efficiency–regulations?auHash=yF–j6t_nS1–xnc9Tb J4DLLvOOOf3P4TkMg8zlbN0DNs. The subscription email sends out email notifications and direct links when documents and notices are filed in the proceed - ing docket.

If you are unable or do not wish to sign up for the list serve but still would like to receive doc - uments and notices by other means, please contact corrine.fishman@energy.ca.gov.

GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT ANNOUNCEMENT OF AVAILABILITY OF A DRAFT TECHNICAL SUPPORT DOCUMENT FOR PROPOSED HEALTH– PROTECTIVE CONCENTRATION FOR NONCANCER EFFECTS OF HEXAVALENT CHROMIUM IN DRINKING WATER The Office of Environmental Health Hazard As - sessment (OEHHA) of the California Environmen - tal Protection Agency is announcing the availability of a draft document describing a proposed health– protective concentration (HPC) for noncancer effects of hexavalent chromium (Cr(VI)) in drinking water, as part of the process of updating the Cr(VI) Public Health Goal (PHG).

A separate document describing the derivation of the HPC for cancer effects will be released at a later date. A PHG is the level of a drinking water contaminant at which adverse health effects are not expected to oc- cur from a lifetime of exposure. Cr(VI) is a known human carcinogen. For carcinogens, health–protective water concentrations are determined for both cancer and noncancer effects, and the lowest (most health– protective) value is selected as the PHG.

The California Safe Drinking Water Act of 1996 1 requires OEHHA to develop PHGs based exclusively on public health considerations. 2 PHGs published by OEHHA are con- sidered by the State Water Resources Control Board in setting drinking water regulatory standards (Max - imum Contaminant Levels, or MCLs) for California. 3 The draft technical support document, posted on the OEHHA website ( https://oehha.ca.gov/water), pres - ents the scientific information available on the non - cancer toxicity of Cr(VI), and the calculation of the proposed HPC for noncancer effects.

The proposed HPC of 5 parts per billion (ppb) is based on chronic liver inflammation in female rats exposed to Cr(VI) in drinking water. As noted above, an HPC based on cancer will be released at a later date. Once cancer and noncancer HPCs have been determined, the low - est value will be selected as the PHG. Any interested person or their authorized represen - tative may submit public comments relevant to the proposed HPC. The public comment period for the draft document begins November 24, 2023, and ends January 8, 2024.

The public is encouraged to submit written comments via OEHHA ’s website, rather than in paper form. Comments may be submitted electron - ically through the following link: https://oehha.ca.gov/ comments. Hard–copy comments may be mailed or hand– delivered to the address below. Any written comments concerning the proposed HPC, regardless of the form or method of transmission, must be received by the PHG program by January 8, 2024, to be considered. The Office will hold a hybrid public workshop/we - binar on January 8, 2024, from 1:00 p.m. to 4:00 p.m. Pacific Time.

Information about the workshop/webi - nar can be found on the OEHHA website at https:// oehha.ca.gov/water. Pursuant to Health and Safety Code

section 57003, the workshop is provided to enable a dialogue be - tween OEHHA scientists and the public to discuss the scientific basis of the proposed HPC, and to receive comments. After the workshop, OEHHA will submit the draft risk assessment for external scientific peer review. 4 1 Codified at Health and Safety Code,

section 116270 et seq. 2 Health and Safety Code,

section 116365(c). 3 Health and Safety Code,

section 116365(

a) and (b). 4 Health and Safety Code

section 116365(c)(3)(D).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1538 Following the workshop, public comment period and external scientific peer review, OEHHA will eval- uate all the comments received, revise the document as appropriate, and make it available for an additional 30–day public comment period. After any subsequent revisions, the final document will be posted on the OEHHA website along with responses to the exter - nal peer review comments and to comments received at the workshop and during the two public comment periods.

OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and email may be available to third parties. If you would like to receive further information on this announcement or have questions, please contact Hermelinda Jimenez at PHG.Program@oehha.ca.gov or at (916) 324–7572. Written inquiries should be sent to: Pesticide and Environmental Toxicology Branch Office of Environmental Health Hazard Assessment California Environmental Protection Agency P.O.

Box 4010, MS–12B Sacramento, California 95812–4010 Attention: PHG Program DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2023–129–001–R1 Project: South Fork Ten Mile River Large Wood Enhancement Project Location: Mendocino County Applicant: Nicole Herrera, Trout Unlimited Background Project Location: The South Fork Ten Mile River Large Wood Enhancement Project (Project) is locat - ed on the South Fork Ten Mile River, tributary to the Ten Mile River approximately six miles northeast of Fort Bragg, California, Assessor Parcel Numbers 015– 230–39, 015–210–10, 015–230–38; Latitude/Longitude 39.4972, –123.6898.

The South Fork Ten Mile River supports populations of coho salmon ( Oncorhynchus kisutch), Chinook salmon (O. tshawytscha), steelhead trout (O. mykiss), and other fish and wildlife species. Project Description : Nicole Herrera (Applicant) representing Trout Unlimited, proposes to install large wood features in the South Fork Ten Mile River to improve habitat for juvenile and adult salmonids. The aquatic habitat within the South Fork Ten Mile River is currently simplified and has limited amounts of large wood within the stream.

The Project will improve the existing habitat by installing 86 pieces of large wood, within 33 structures, throughout 2.3 miles of instream habitat. The large wood features will be construct - ed using both unanchored and anchored techniques. The addition of large wood in Hollow Tree Creek will promote scouring of pools and sorting of gravel, and thereby improve spawning and rearing habitat for ju - venile and adult salmonids. Project Size: The total area of ground disturbance associated with the Project is approximately 2.74 acres and 265 linear feet.

The Applicant has included project size calculations that were used to determine the to - tal size of the Project. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex - emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) 86 pieces of large wood, (2) 5 cubic yards of soil, and (3) 55 bolts. Project Timeframes: Start date: October 1, 2023. Completion date: October 31, 2025. Instream work window: July 10 to October 31, with an option for variance or extension with written ap - proval from the North Coast Regional Water Quality Control Board (Regional Water Board) and the Cali - fornia Department of Fish and Wildlife (CDFW).

Upland work window: July 10 to December 31, de - pending on seasonal weather conditions, with an op - tion for variance or extension with written approval from the Regional Water Board and CDFW.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration intended to improve the quality of waters in Califor - nia, the Regional Water Board issued a Notice of Ap - plicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Proj- ects SB12006GN (Order) (Waste Discharge Identifi - cation (WDID) Number 1B23143WNME, Electronic Content Management Identification (ECM PIN) Num- ber CW–890414 for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a supplemental document that sets forth mea- sures to avoid and minimize impacts to coho salmon, Chinook salmon, steelhead trout, and other fish, wild- life, and plant species.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1539 Receiving Water: South Fork Ten Mile River, tribu- tary to the Ten Mile River. Filled or Excavated Area: Permanent area impacted: 0 acres. Temporary area impacted: 1.45 acres. Length permanently impacted: 0 linear feet. Length temporarily impacted: 265 linear feet. Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.). Noticing: On October 12, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a de - termination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protec - tion measures are consistent with the Habitat Resto - ration and Enhancement Act (HREA) with respect to the Project. Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on October 12, 2023, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2023–1012–04) on October 27, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. Avoidance and Minimization Measures The avoidance and minimization measures for 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 catego- ries:

(1) Construction–period Water Quality Protection and Erosion and Sedimentation Control Measures;

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

(3) General Pro - gram Conditions for Vegetation Management; and

(4) General Measures to Avoid Impacts on Biological Resources. The specific avoidance and minimization requirements are found in an attachment to the NOI, Additional Pages: South Fork Ten Mile River Large Wood Enhancement Project. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Mon - itoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Moni- toring and Reporting Plan: South Fork Ten Mile River Large Wood Enhancement Project, Prepared by Trout Unlimited and Blencowe Watershed Management.

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

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

section 1653, subdivision (g), the Applicant shall sub- mit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronical- ly to: Nicholas.VanVleet@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 CDFW, including, but not limited to, those issued pursuant to

Chapter 6 (commencing with

section 1600) and

Chapter 10 (commencing with

section 1900) of this Division and

Chapter 1.5 (com - mencing with

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1540 If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND REGULATIONS DEPARTMENT OF STATE HOSPITALS OFFICE OF ADMINISTRATIVE LAW (PURSUANT TO TITLE 1,

SECTION 270, OF THE CALIFORNIA CODE OF REGULATIONS) The Office of Administrative Law has accepted for consideration a petition challenging the Department of State Hospitals’ Administrative Directive Num - ber 644, dated March 28, 2023, regarding trust office functions. Please send your comments to: Lindsey McNeill, Attorney III Office of Administrative Law 300 Capitol Mall, Suite 1250 Sacramento, CA 95814 staff@oal.ca.gov You must send a copy of your comment to the peti - tioner and the agency contact concurrently.

Petitioner: Cory Hoch Post Office Box 5003 Coalinga, CA 93210–5003 Agency contact: Loretta Davila Department of State Hospitals 1215 O Street Sacramento, CA 95814 Please note the following timelines: Publication of Petition in Notice Register: 11/24/2023. Deadline for Public Comments: 12/26/2023. Deadline for Agency Response: 1/8/2024. Deadline for Petitioner Rebuttal: 15 days after the agency provides a response to the petitioner. Deadline for OAL Determination: 03/25/2024.

OAL REGULATORY DETERMINATION DEPARTMENT OF CORRECTIONS AND REHABILITATION OFFICE OF ADMINISTRATIVE LAW DETERMINATION OF ALLEGED UNDERGROUND REGULATIONS (PURSUANT TO GOVERNMENT CODE

SECTION 11340.5 AND TITLE 1, SECTIONS 270, OF THE CALIFORNIA CODE OF REGULATIONS) The attachments are not being printed for practical reasons or space consideration. However, if you would like to view the attachments, please contact Margaret Molina at (916) 324–6044 or Margaret.Molina@oal. ca.gov. Date: November 7, 2023 To: Keith Avery From:

Chapter Two Compliance Unit Subject: 2023 OAL DETERMINATION NUMBER 2(S) (CTU2023–0911–02)

Summary Disposition issued pursuant to Gov. Code,

sec. 11340.5; Cal. Code Regs., tit. 1,

sec. 270, sub. (

f) Petition challenging as underground regulations Cal. Code Regs., tit. 15,

sec. 3315, sub. (f)(5)(Q)1. through 3., Loss of Family Visiting (Overnight) Program, and Cal. Code Regs., tit. 15,

sec. 3006, subs. (

a) and (c)(20), Contraband, issued by the California Department of Corrections and Rehabilitation On September 11, 2023, the Office of Administrative Law (OAL) received your petition asking for a de - termination as to whether the loss of family visit - ing (overnight) program provisions promulgated by the California Department of Corrections and Rehabilitation (Department) in California Code of Regulations, title 15,

section 3315, subsection (f)(5)(Q)1. through 3., and the contraband provisions

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1541 that pertain to wireless communication devices pro - mulgated by the Department in California Code of Regulations, title 15,

section 3006, subsections (

a) and (c)(20), constitute underground regulations. The chal- lenged rules are attached hereto as Exhibits A, B, and C. In issuing a determination, OAL renders an opinion only as to whether a challenged rule is a “regulation” as defined in Government Code

section 11342.600, 1 which should have been, but was not, adopted pur - suant to the Administrative Procedure Act (APA). Nothing in this analysis evaluates the advisability or the wisdom of the underlying action or enactment. If a rule meets the definition of a regulation in Government Code

section 11342.600, but was not ad- opted under the APA, it may be an “underground reg- ulation” as defined in California Code of Regulations, title 1,

section 250: ( a)(1) “Underground regulation” means any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in Sec - tion 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA. [Emphasis added.]

Section 3315(f)(5)(Q)1. through 3. The loss of family visiting (overnight) program pro- visions set forth in California Code of Regulations, title 15,

section 3315, subsection (f)(5)(Q)1. through 3., read: (

f) Disposition. Upon completion of the fact– finding portion of the disciplinary hearing, the in- mate may be found: […] ( 5) The disposition may or when mandated shall include assessment of one or more of the following: […] (

Q) Violation of Subsection 3006(

a) or 3006(c) (20) shall result in: 1 . Loss of family visiting (overnight) program for one year for first offense. 2 . Loss of family visiting (overnight) program for three years for second offense. 1 “Regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. 3 . Loss of family visiting (overnight) program for five years for third offense. Pursuant to Penal Code

section 5058, the Department adopted

section 3315, subsection (f)(5)(Q)1. through 3., in a regular rulemaking action (OAL file number 2018–1130–07S). The notice of proposed action was published in the California Regulatory Notice Register on December 29, 2017 (OAL file number Z2017–1219– 03). On November 30, 2018, the Department timely submitted the rulemaking action to OAL for review. The action was reviewed and approved by OAL. The regulations were filed with the Secretary of State on January 15, 2019, and became effective the same day. Therefore, California Code of Regulations, title 15,

section 3315, subsection (f)(5)(Q)1. through 3., was duly adopted pursuant to the APA. A regulation that is duly adopted pursuant to the APA is not an under - ground regulation.

Section 3006(

a) and (c)

(20) The contraband provisions that pertain to wireless communication devices set forth in California Code of Regulations, title 15,

section 3006, subsections (

a) and (c)(20), read: (

a) Dangerous Property. Inmates shall not possess or have under their control or constructive pos - session any weapons, explosives, explosive mak- ing material, poisons or any destructive devic - es, nor shall they possess or assist in circulating any writing or voice recording which describes the making of any weapons, explosives, poisons, or destructive devices. Inmates shall not possess wireless communication devices capable of mak- ing or receiving wireless communications, except as expressly authorized by the Secretary, pursu- ant to subsection 3190(k)(8). […] (

c) Except as authorized by the institution head, inmates shall not possess or have under their con- trol any matter which contains or concerns any of the following: […] ( 20) Any wireless communication device acces - sory and component including, but not limit - ed to, a Subscriber Identity Module (SIM) card, memory storage device, battery, wired or wire - less headset, and charger, except as expressly au- thorized by the Secretary, pursuant to subsection 3190(k)(8). Pursuant to Penal Code

section 5058, the Department amended

section 3006, subsections (

a) and (c)(20), in a regular rulemaking action to adopt contraband pro - visions that pertain to wireless communication de - vices (OAL file number 2016–0713–04S). The notice of proposed action was published in the California Regulatory Notice Register on April 15, 2016 (OAL

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1542 file number Z2016–0328–03). On July 13, 2016, the Department timely submitted the rulemaking action to OAL for review. The action was reviewed and ap - proved by OAL. The regulations were filed with the Secretary of State on August 17, 2016, and became ef- fective the same day. The Department subsequently amended

section 3006, subsections (

a) and (c)(20), through the emer - gency rulemaking process pursuant to Penal Code sec- tion 5058.3 (OAL file numbers 2020–0706–02EON, 2021–0408–03EON, and 2021–1129–01C), as more specifically described below. On July 6, 2020, the Department submitted an emer- gency rulemaking action by operational necessity pur- suant to Penal Code

section 5058.3 to OAL for review (OAL file number 2020–0706–02EON). The action was reviewed and approved by OAL. The regulations were filed with the Secretary of State on August 23, 2020, and became effective the same day. On April 8, 2021, the Department submitted a sec - ond emergency rulemaking action by operational necessity to OAL in order to readopt the underly - ing emergency changes previously approved in OAL file number 2020–0706–02EON (OAL file number 2021–0408–03EON). The action was reviewed and approved by OAL.

The regulations were filed with the Secretary of State on April 27, 2021, and became ef - fective on April 30, 2021. An emergency rulemaking by operational necessity expires by operation of law unless the Department timely submits a certificate of compliance in accor - dance with Government Code

section 11346.1, subdi- vision (e). The notice of proposed action for the certificate of compliance was published in the California Regulatory Notice Register on August 28, 2020 (OAL file number Z2020–0818–05). The Department timely filed a cer - tificate of compliance for the emergency regulations with OAL on November 29, 2021(OAL file number 2021–1129–01C). The certificate of compliance certi- fied that the Department complied with Government Code sections 11346.2 to 11347.3, inclusive. The action was reviewed and approved by OAL.

The regulations were filed with the Secretary of State on December 20, 2021, and became effective the same day. Therefore, California Code of Regulations, title 15,

section 3006, subsections (

a) and (c)(20), were duly ad- opted pursuant to the APA. A regulation that is duly adopted pursuant to the APA is not an underground regulation. For the reasons discussed above, we find that the rules challenged by your petition are not underground regulations. 2 The issuance of this

summary disposition does not restrict your right to adjudicate the alleged violation of

section 11340.5 of the Government Code. November 7, 2023 Lindsey McNeill Attorney III Copy: J effrey Macomber, Secretary, CDCR R enee Rodriguez, CDCR A V AILABILITY OF PRECEDENTIAL DECISIONS INDEX OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD Notice is hereby given, pursuant to subdivision (

c) of

Section 11425.60 of the Government Code, that the California Occupational Safety and Health Ap - peals Board (“Board”) maintains an index of prec - edential decisions. The index is available to the pub - lic at: https://www.dir.ca.gov/OSHAB/Precedential_ Decisions.html. The index is available to the public by annual email subscription from the Board. The in - dex and text of the precedential decisions can also be viewed by appointment at the Board’s office. For sub- scription or additional information, or to

schedule an appointment to view precedential decisions, contact: 2 The rules challenged by your petition are the proper subject of a

summary disposition pursuant to California Code of Regula - tions, title 1,

section 270. Subsection (

f) of

section 270 provides: (f)

(1) If facts presented in the petition or obtained by OAL dur - ing its review pursuant to subsection (

b) demonstrate to OAL that the challenged rule is not an underground regulation, OAL may issue a

summary disposition stating that conclusion. A

summary disposition may not be issued to conclude that a chal - lenged rule is an underground regulation.

(2) Circumstances in which facts demonstrate that the chal - lenged rule is not an underground regulation include, but are not limited to, the following: (

A) The challenged rule is contained in a California statute. (

B) The challenged rule is contained in a regulation that has been adopted pursuant to the rulemaking provisions of the APA. (

C) The challenged rule is statutorily exempt from the rulemak- ing provisions of the APA. [Emphasis added.]

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1543 Aaron Jackson, Staff Counsel California Occupational Safety and Health Appeals Board 2520 Venture Oaks Way, Suite 300 Sacramento, CA 95833 Phone: (916) 274–5751 Email: ajackson@dir.ca.gov

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

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request.

California Horse Racing Board File # 2023–0927–02 Prohibited Veterinary Practices This certificate of compliance makes permanent emergency regulations expressly allowing possession and use of a compounded medication on the premis - es of a facility under the jurisdiction of the California Horse Racing Board if the medication meets specified regulatory criteria.

Title 04 Amend: 1867 Filed 11/08/2023 Effective 11/08/2023 Agency Contact: Nicole Lopes–Gravely (916) 263–6397 State Water Resources Control Board File # 2023–1102–01 Fiscal Year 2023–24 Water Rights Fees This emergency action by the State Water Resources Control Board adjusts the water rights fee

schedule for Fiscal Year 2023–24 to increase annual water right application, permit, and license fees to conform to amounts appropriated by the Legislature from the Water Rights Fund. The action adjusts the caps on the application and underground storage streamlined permitting process fees based on the California con - sumer price index.

For Sustainable Groundwater Management Act work, the action also: expands the definition of “qualified individual” for purposes of de- termining who may calibrate a meter used to measure groundwater extractions in determining fees, adds ad- ditional criteria for meters, and expands who may be eligible for a fee waiver.

Title 23 Amend: 1030, 1042, 1044, 1062, 1063, 1064, 1066 Filed 11/08/2023 Effective 11/08/2023 Agency Contact: Sarah Fong (916) 341–5129 Department of Resources Recycling and Recovery File # 2023–0927–03 Conflict–of–Interest Code This conflict–of–interest code filing by the Department of Resources Recycling and Recovery (CalRecycle) has been approved by the Fair Political Practices Commission and is being submitted for fil - ing with the Secretary of State and printing only.

Title 14 Amend: 18419 Filed 11/08/2023 Effective 12/08/2023 Agency Contact: Kris Chisholm (916) 322–2404 Division of Labor Standards Enforcement File # 2023–1002–03 Garment Worker Protections This change without regulatory effect revises defini- tions and requirements in existing garment manufac - turing regulations to align with underlying statutory changes enacted with the passage of Senate Bill (SB) 62 (Stats. 2021,

Chapter 329) and SB 191 (Stats. 2022,

Chapter 67). Title 08 Amend: 13630, 13631, 13633, 13634, 13637, 13644, 13646, 13655, 13656, 13657, 13658, 13659 Filed 11/09/2023 Agency Contact: Casey Raymond (213) 576–7730 Commission on Peace Officer Standards and Training File # 2023–1002–01 Address of Record This rulemaking action by the Commission on Peace Officer Standards and Training adopts require - ments for peace officers to provide POST with a phys- ical address of record for purposes of receiving corre - spondence regarding their peace officer certification. Title 11 Adopt: 1215 Filed 11/14/2023 Effective 11/14/2023 Agency Contact: Michelle Weiler (916) 227–4870

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 47–Z 1544 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.