Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 52-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW DECEMBER 30, 2022 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest Code — Notice File Number Z2022–1220–04 ......................................... 1525 AMENDMENT Multi–County: Desert Community College District East Turlock Subbasin Groundwater Sustainability Agency Las Virgenes Unified School District Merced Community College District Northern California Power Agency TITLE 2.

CIVIL RIGHTS COUNCIL/CIVIL RIGHTS DEPARTMENT Fair Employment and Housing Act Fair Housing Regulations — Notice File Number Z2022–1220–03 ................................................................ 1526 TITLE 4. GAMBLING CONTROL COMMISSION Advertising — Notice File Number Z2022–1220–06 .................................................... 1528 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Reimbursements for Training — Notice File Number Z2022–1216–01 ..................................... 1538 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2022–011–06, Desert Harvest Solar Project, Riverside .......................................................................... 1540 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2022–014–05, Legacy Homes Tract Number 14608 Development Project, East Los Alamos, Santa Barbara County ......................... 1543 (Continued on next page)

DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species, Golden and Bald Eagles in California ........................ 1550 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Mabury Tentative Tract Map Number 18163 Project, 2080–2022–018–05, Orange County ............................................ 1550 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Public Meeting and Business Meeting ............................................................... 1551 RULEMAKING PETITION DECISION OFFICE OF ADMINISTRATIVE LAW Concerning Petition from California Gambling Control Commission ...................................... 1551

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 1554 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. CALIFOR NIA R EGULATORY NOTICE R EGISTER 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 2022, VOLUME NUMBER 52-Z 1525 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 codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Desert Community College District.

East Turlock Subbasin Groundwater Sustainability Agency Las Virgenes Unified School District Merced Community College District Northern California Power Agency A written comment period has been established commencing on December 30, 2022 and closing on February 13, 2023. Written comments should be di- rected to the Fair Political Practices Commission, At- tention Daniel Vo, 1102 Q Street, Suite 3000, Sacra- mento, California 95811.

At the end of the 45–day comment period, the pro- posed conflict–of–interest codes 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 codes will be submitted to the Commission for review.

The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, 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 interested person, will approve, or revise and approve, or return the proposed codes 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 codes.

Any written comments must be received no later than February 13, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

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

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1526 AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 2.

CIVIL RIGHTS COUNCIL/ CIVIL RIGHTS DEPARTMENT FAIR HOUSING REGULATIONS The Civil Rights Council (Council) of the Civil Rights Department (CRD) proposes to amend sections 12005, 12040, 12042, 12050, 12051, 12140, 12140.1, 12141, 12179, and 12181 of Title 2 of the California Code of Regulations after considering all comments, objections, and recommendations regarding the pro- posed action.

PUBLIC HEARING The Council will hold a public hearing starting at 1:00 p.m. on February 21, 2023, at the following location: https://us02web.zoom.us/j/88954922012 and/or 1–669–444–91 71 Meeting ID: 889 5492 2012 At the hearing, any person may present statements or arguments orally or in writing relevant to the pro- posed action described in the Informative Digest. The Council requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. The meeting facilities are accessible to individuals with physical disabilities.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to partic- ipate in the meeting, should contact Mimi De Ville, CRD ADA Coordinator, at (844) 541–2877 (voice or via relay operator 711) or TTY (800) 700–2320 or via email: mimi.deville@dfeh.ca.gov or accommoda- tions@dfeh.ca.gov as soon as possible or at least 72 hours before the meeting. WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to the Council.

The writ- ten comment period closes on February 21, 2023 at 5:00 p.m. The Council will consider only comments received by the end of that day. Written comments can be mailed to: Civil Rights Council c/o Mariel Block, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 Comments may also be submitted by e–mail to FEHCouncil@dfeh.ca.gov. AUTHORITY AND REFERENCE Government Code

section 12935(

a) authorizes the Council to adopt these proposed regulations. The pro- posed regulations implement, interpret, and make spe- cific

section 12900 et seq. of the Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action clarifies, makes specific, and supplements existing state regulations interpret- ing the Fair Employment and Housing Act (“FEHA ”) set forth in Government Code

section 12900 et seq. As it relates to housing, the FEHA prohibits harassment and discrimination because of the race, color, religion, national origin, ancestry, physical disability, mental disability, genetic information, marital status, familial status, sex, gender, gender identity, gender expression, sexual orientation, source of income, military and/or veteran status of any person, or any basis prohibited by

section 51 of the Civil Code. In compliance with the Administrative Procedure Act, the Council proposes to adopt these rules as duly noticed, vetted, and authorized regulations. The over- all objective of the proposed regulations is to fix typo- graphical and grammatical errors and provide clarity regarding compliance with the fair housing regula- tions. This action has the specific benefit of ensuring that tenants, prospective tenants, owners, housing providers, and other relevant individuals better under- stand their respective rights and obligations with re- gard to fair housing rights and obligations.

Ultimately, the proposed action furthers the mission of the CRD by protecting Californians from housing discrimination. The Council has determined that the proposed amendments are not inconsistent or incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Council has concluded that these are the only reg- ulations that concern fair housing and the FEHA.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1527 DISCLOSURES REGARDING THE PROPOSED ACTION The Council has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency : No addition- al costs or savings beyond those imposed by existing law. Cost to any local agency or school district, which must be reimbursed in accordance with Govern - ment Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: No additional costs or savings be- yond those imposed by existing law.

Cost or savings in federal funding to the state : None. Cost impacts on a representative private person or businesses: No additional costs or savings beyond those imposed by existing law. Therefore, the agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Results of the economic impact assessment/ analysis: The Council anticipates that the adoption of the regulations will not impact the creation or elimina- tion of jobs within the state, the creation of new busi- nesses or the elimination of existing businesses within the state, or the expansion of businesses currently do- ing business within the state.

To the contrary, adoption of the proposed amendments is anticipated to bene- fit the health and welfare of California residents and businesses and improve housing stability by clarifying and streamlining the operation of the law, making it easier for tenants, prospective tenants, owners, and housing providers to understand their rights and ob- ligations, and reducing litigation costs for businesses. These regulations would not affect the environment.

Statewide adverse economic impact directly af - fecting businesses and individuals : The Council has made an initial determination that the proposed action will not have a significant statewide adverse econom- ic impact directly affecting businesses, including the ability of California businesses to compete with busi- nesses in other states. Significant effect on housing costs: None. Small Business Determination : The Council an- ticipates that the regulations will not create addition- al costs or savings beyond those imposed by existing regulations.

Similarly, the Council has determined that there is no impact on small businesses as a result of this proposed action because these regulations pri- marily serve to clarify existing law. Business Report: The Council has determined that the proposed regulations do not require a report to be made. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Council must determine that no reasonable alternative it considered or that has oth- erwise been identified and brought to the Council’s attention would be more effective in carrying out the purpose for which this action is proposed, or 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 implementing the statutory policy or other provision of law.

The Council has thus far not become aware of a bet- ter alternative and invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.

CONTACT PERSONS Inquiries concerning the proposed administrative action may be directed to: Mariel Block, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 E–mail: mariel.block@dfeh.ca.gov The backup contact person for these inquiries is: Rachael Langston, Senior Fair Employment and Housing Counsel Civil Rights Department 555 12th Street — Suite 2050 Oakland, CA 94607 Telephone: (916) 478–7251 E–mail: rachael.langston@dfeh.ca.gov Please direct requests for copies of the proposed text (express terms) of the regulations, the Initial Statement of Reasons, any modified text of the proposed regula- tions, or other information upon which the rulemaking is based, should other sources be used in the future, to Mariel Block at the above address.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1528 A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Council will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the above Elk Grove address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the Initial Statement of Reasons. Copies may be obtained by contacting Mariel Block at the address or phone number listed above.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all time- ly and relevant comments received, the Council may adopt the proposed regulations substantially as de- scribed in this notice. If the Council makes modifi- cations that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Council adopts the regulations as revised. Please send requests for copies of any mod- ified regulations to the attention of Mariel Block at the address indicated above.

The Council will accept written comments on the modified regulations for 15 days after the date on which they are made available. A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Rea- sons will be available on the Council’s webpage: https://calcivilrights.ca.gov/civilrightscouncil/. Copies also may be obtained by contacting Mariel Block at the above address.

A VAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, the text of the regulations, any modified texts, and the Final Statement of Reasons can be accessed through the Council’s webpage at https://calcivilrights.ca.gov/civilrightscouncil/. TITLE 4.

GAMBLING CONTROL COMMISSION ADVERTISING CGCC–GCA–2022–05–R NOTICE IS HEREBY GIVEN t h a t t h e C a l i f o r- nia Gambling Control Commission (Commission) is proposing to take the action described in the Infor- mative Digest after consideration of all relevant public comments, objections, and recommendations received concerning the proposed action.

Comments, objec- tions, and recommendations may be submitted as follows: WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep- resentative, may submit written comments relevant to the proposed regulatory action to the Commission at any time during the 45–day public comment period, which closes on February 13, 2023 . Written com - ments relevant to the proposed regulatory action may be sent by mail, facsimile, or e–mail, directed to one of the individuals designated in this notice as a contact person.

To be eligible for the Commission’s consider- ation, all written comments must be received at its office no later than midnight on February 14, 2023. Comments sent to persons and/or addresses other than those specified under Contact Persons, or re - ceived after the date and time specified above, will be included in the record of this proposed regulato- ry action, but will not be summarized or responded to regardless of the manner of transmission. PUBLIC HEARING The Commission has not scheduled a public hear- ing on this matter.

Any interested person, or his or her authorized representative, may request a hearing pur- suant to Government Code

section 11346.8. A request for a hearing should be directed to the persons listed under Contact Persons no later than 15 days prior to the close of the written comment period. ADOPTION OF PROPOSED ACTION After the close of the public comment period, the Commission, upon its own motion or at the instance of any interested party, may thereafter formally adopt the proposals substantially as described below or may modify such proposals if such modifications are suffi- ciently 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

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1529 prior t o i ts a doption f rom t he p erson d esignated i n t his Notice a s c ontact p erson a nd w ill b e m ailed t o t hose persons w ho s ubmit o ral o r w ritten t estimony r elated to t his p roposal o r w ho h ave r equested n otification o f any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant t o t he a uthority v ested b y se ctions 1 9811, 19824, 1 9826, 1 9840, 1 9841, 1 9856, 1 9857, 1 9859, 19920 a nd 1 9984 o f t he B usiness a nd P rofessions Code; a nd t o i mplement, i nterpret o r m ake s pecific sections 1 9801, 1 9841, 1 9920 a nd 1 9984 o f t he B usi- ness a nd P rofessions C ode, a nd se ctions 4 369.2 a nd 4369.4 o f t he W elfare a nd I nstitutions C ode; t he C om- mission is p roposing t o a dopt t he f ollowing c hanges to C hapters 1 a nd 7 o f D ivision 1 8 o f T itle 4 o f t he California Code of Regulations: INFORMATIVE DIGEST AND POLICY STATEMENT Introduction: The C ommission is p roposing r egulations t hat would i mplement t he C ommission’s m andate u nder the G ambling C ontrol A ct ( Act)1 to ensure the in teg- rity o f ga mbling i n C alifornia w ith r espect t o a dver- tising a ctivities.

S pecifically, t hese r egulations w ould implement B usiness a nd P rofessions ( B&

P) C ode

section 1 9841, s ubdivision ( f), o f t he A ct, w hich r e- quires t he C ommission t o p rovide f or t he d isapproval of d eceptive a dvertising b y l icensed ga mbling e stab- lishments, a s d etermined b y t he B ureau o f G ambling Control ( Bureau). N otably, t he s tatute s pecifies t hat an a dvertisement is p resumptively d eceptive i f i t a p- peals t o c hildren o r a dolescents, o r o ffers ga mbling a s a means of becoming wealthy.

To d ate, t he C ommission h as f ound n umerous e x- amples o f e xisting a nd p rior a dvertisements t hat d o not c ontain a r equired r esponsible ga mbling m essage or i nformation a nd r eferral se rvices f or p roblem ga m - blers, w hich v iolates e xisting r egulations. F urther, t he existing r egulations d o n ot s pecify h ow t he i nforma- tion m ust b e p resented, w hich h as r esulted i n s ome advertisements d elivering t he i nformation i n a n u n- clear a nd i nconspicuous m anner.

T his h as t he r esult of n ullifying t he r egulatory r equirement b y m aking i t difficult, i f n ot i mpossible, f or t he p ublic t o r eview a nd understand the required information. Additionally, t he C ommission is a ware t hat, a s a current i ndustry p ractice, m any ga mbling e stablish- ments p rovide c haritable s upport t o l ocal y outh a nd community f unctions, s uch a s L ittle L eague s ports 1 B usiness a nd P rofessions C ode, D ivision 8 , C hapter 4, s ection 19800 et seq. teams, t oy d rives, a nd h oliday t ree l ighting c eremo- nies.

T his i ncludes p lacing a ga mbling e stablishment’s name a nd/or l ogo o n t he c hildren’s u niforms, t eam banners, e vent p rograms a nd pa mphlets, et c. W hile these s ponsorships a re w ell–intended a nd b enefit t he local c ommunity, r egulations a re n eeded t o e nsure this is d one i n a m anner t hat d oes n ot m ake ga mbling appeal to the impressionable youth. Some a dvertisements r eviewed b y t he C ommission contain untrue or misleading statements such as “Ne- vada s tyle” o r “ Vegas s tyle” i n r eference t o ga mes o r gaming a ctivities o ffered a t a ga mbling e stablishment.

Other a dvertisements i nclude a n ame d ifferent f rom the a ctual B ureau–approved ga me. T hese t ypes o f statements ca n m islead t he p ublic i nto t hinking t hat a gambling e stablishment o ffers h ouse–banked ga mes, which a re p rohibited f rom b eing o ffered p ursuant t o the C alifornia C onstitution, A rticle I V , S ection 1 9 a nd Penal Code

Section 330. Currently, t here is n o r egulatory f ramework e stab- lished t o p rovide f or t he B ureau’s d isapproval o f a n advertisement t hat i t d etermines is d eceptive t o t he public. T he B ureau h as n o s pecific b asis o r p rocedures to u tilize i n m aking c onsistent d eterminations f or purposes o f e nforcement, w hich t his r egulatory p ro- posal se eks t o e stablish. F urthermore, o wner ca tegory licensees h ave l ittle g uidance a nd r equirements t o r e- fer t o i n t he c reation a nd d issemination o f a n a dver- tisement o ther t han i ndustry b est p ractices a nd g eneral state and federal laws. EXISTING LA W AND REGULATION Title 15, United States Code,

Section 55, d efines “false a dvertisement” t o m ean a dvertising w hich is materially m isleading, t aking i nto a ccount n ot o nly representations m ade o r s uggested b y a s tatement, word, d esign, d evice, s ound, o r a ny c ombination thereof, b ut a lso t he e xtent t o w hich t he a dvertisement fails t o r eveal m aterial f acts r elating t o c onsequences from using the item featured in the advertisement. California Constitution,

Article IV,

Section 19, subdivision (e), p rohibits t he o peration o f ca sinos o f the t ype ( offering b anking o r p ercentage ga mes) c ur- rently operating in Nevada and New Jersey. B&P Code

section 17508 m akes i t “ unlawful f or any p erson d oing b usiness i n C alifornia a nd a dvertis- ing t o c onsumers i n C alifornia t o m ake a ny f alse o r misleading a dvertising c laim, i ncluding c laims t hat: (1) p urport t o b e b ased o n f actual, o bjective, o r c lin- ical e vidence, ( 2) c ompare t he p roduct’s e ffectiveness or s afety t o t hat o f o ther b rands o r p roducts, o r ( 3) p ur- port to be based on any fact.” B&P Code

section 19801, subdivision (c), states that ga mbling ca n b ecome a ddictive a nd is n ot a n a c-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1530 tivity to be promoted or legitimized as entertainment for children and families. B&P Code

section 19801, subdivision (d), states that unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Ac- cordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly per- mitted by the laws of this state and by the ordinances of local governmental bodies. B&P Code

section 19841, subdivision (f), requires the Commission adopt regulations to provide for the disapproval of advertising by licensed gambling es- tablishments that is determined by the Bureau to be deceptive to the public. Advertisements that appeal to children or adolescents or that offer gambling as a means of becoming wealthy are presumptively de- ceptive. Additionally, this statute requires that the proposed advertising regulations be “consistent with” (not identical to) the advertising regulations adopted by the California Horse Racing Board (CHRB) and the Lottery Commission (the Lottery).

While the Lottery has not adopted any advertising regulations, CHRB has several regulations related to advertising. Howev- er, many of CHRB’s advertising regulations are inap- plicable to advertising a controlled game or gaming activity, such as the requirements prohibiting the use of symbols or markings on uniforms and prohibiting the use of a stable name registration for advertising purposes (Title 4, CCR, Div. 4, Art. 12).

California Horse Racing Board The proposed regulations are consistent with those regulations adopted by CHRB that are also relevant to advertising a controlled game or gaming activity, specifically in the following areas: ● Underage gambling. Both CHRB and the Commission prohibit and discourage gambling by persons under 21. For example, CHRB regula- tions in CCR, Title 4, Division 4,

Section 2066(d), require that all advertisements “contain a state- ment that persons under 21 are not allowed ac- cess to the minisatellite wagering site.” Similarly, the proposed language in

Section 12097(c)(2) pro- vides that advertisements must include a “state- ment that participants must be 21 or older to gamble.” ● Problem Gambling. The Commission’s proposed regulations are consistent with the regulations ad- opted by the CHRB in that they both require ad- vertisements to contain contact information for problem gambling support. CHRB regulations in CCR, Title 4, Division 4, Sections 2066(d), 2071(h), and 2072(h), require that all advertise- ments must “contain contact information for a recognized problem–gambling support organiza- tion.” Similarly, the proposed language in

Section 12097(c)(3) requires that all advertisements in- clude a responsible gambling message and a ref- erence to one of the referral services for prob- lem gamblers approved by the Office of Problem Gambling. California State Lottery Commission Presently, there are no regulations by the Lottery that relate to the Commission’s proposed regulations that provide for the disapproval of advertising. A ma- jority of the Lottery’s requirements pertaining to ad- vertising are located within statute and not regulation. For example, Government Code

section 8880.24 re- quires the Lottery to comply with both the letter and spirit of the laws governing false and misleading ad- vertising, including B&P Code

section 17500 et seq. Notably, California Lottery Regulations

section 7.5.7 requires retailers to post “Play Responsibly” sig- nage and other related point–of–sale materials at play centers, including maintaining and making available to players, responsible gaming awareness brochures and related publications supplied by the Lottery. This requirement is similar in nature to the Commission’s existing and proposed regulations in Sections 12097 and 12461. B&P Code

section 19841, subdivision (o), allows the Commission to adopt regulations that restrict, lim- it, or otherwise regulate any activity that is related to the conduct of controlled gambling. B&P Code

section 19920 states that it is the policy of the State of California to require that all establish- ments wherein controlled gambling is conducted in this state be operated in a manner suitable to protect the public health, safety, and general welfare of the res- idents of the state. Responsibility for the employment and maintenance of suitable methods of operation rests with the owner licensee, and willful or persistent use or toleration of methods of operation deemed un- suitable by the Commission or by local government shall constitute grounds for license revocation or other disciplinary action. Penal Code

section 330 prohibits gambling estab- lishments from offering certain types of games includ- ing any banking or percentage games.

Specifically, this provision provides that every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, wheth- er for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan–tan, seven– and–a–half, twenty–one, hokey–pokey, or any bank- ing or percentage game played with cards, dice, or any device, for money, checks, credit, or other represen- tative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1531 county jail not exceeding six months, or by both the fine and imprisonment Title 4, CCR, Division 18,

Section 12461, requires the posting problem gambling information and refer- ral services on websites and advertisements operated by or on behalf of any cardroom business licensee or TPPPS business licensee. Additionally, this

section contains exceptions for digital materials and promo- tional items with size and space limitations. Title 11, CCR, Division 18,

Section 2072, subsec- tion (e), requires that each licensed gambling estab- lishment submit a biannual report to the Bureau which includes, among other things, copies or transcripts of all advertisements within the prior six months used to promote a gaming activity offered at a gambling establishment. EFFECT OF REGULATORY ACTION The proposed regulations would implement the Commission’s mandate in B&P Code

section 19841, subdivision (f), by establishing new

definitions as well as general and specific requirements pertaining to gambling–related advertisements produced by or for any cardroom owner type licensee or third–party provider of proposition player services (TPPPS) own- er type licensee (collectively known and hereinafter referred to as owner category licensees). The new re- quirements would provide a regulatory framework for the Bureau to utilize in determining its disapproval of a deceptive advertisement that solicits participation in controlled gambling at a gambling establishment and procedures for notifying the responsible party(ies).

Further, the proposed regulations contain mechanisms for enforcement and include the potential disciplinary actions that may be exercised as a result of a failure to correct a deceptive advertisement. ANTICIPATED BENEFITS OF PROPOSED REGULATION Implementing the proposed regulations will fulfill the Commission’s statutory mandate, better protect the health, safety, and general welfare of the public, and maintain integrity within the cardroom indus- try.

The proposed requirements will establish criteria necessary for the Bureau to use in determining if an advertisement is deceptive and will provide the card- room industry guidance with standards (including specific safe harbors and prohibited statements) con- cerning the content, dissemination, and control of an advertisement.

Further, this proposal provides addi- tional protection to the more impressionable youth by explicitly prohibiting advertisements from being dis- played, broadcasted, or disseminated on the premises of any day care center, youth center, preschool, K–12 school, or at any function primarily held for persons under the age of 21. These regulations are anticipated to dissuade and reduce dissemination of gambling ad- vertisements that are determined by the Bureau to be deceptive to the public.

This includes advertisements that inappropriately appeal to persons under the age of 21, entice participation in gambling as a means of be- coming wealthy, make false or misleading claims, or refer to a game prohibited by Penal Code

section 330. SPECIFIC PROPOSAL This proposed action will make changes within the California Code of Regulations, Title 4, Division 18 as follows:

CHAPTER 1. GENERAL PROVISIONS.

ARTICLE 1.

DEFINITIONS AND GENERAL PROCEDURES. Amend

Section 12002. General

Definitions. This

section provides general

definitions for this di- vision. New

definitions are proposed to be added for purposes of applicability in the proposed regulations. Non–substantive changes have been applied through- out to renumber the existing

definitions accordingly. Subsection (

b) adds the definition of “advertise” or “advertising” to mean the publication, dissemina- tion, or causing the publication or dissemination of an “advertisement.” Adding this definition allows the use of the verb form of “advertisement” throughout the regulations. Subsection (

c) adds the definition of “advertise- ment.” Providing the definition is necessary to clarify and specify the meaning of the term used through- out the proposed regulations.

The definition includes the following components of what constitutes an advertisement: ● “ Any written or verbal statement, illustration, or depiction...” This language targets a broad range of instances in which a gambling activity is por- trayed through written or spoken words, images, or graphics. ● “...that is disseminated to the public...” This lan- guage provides that the requirements do not ap- ply to advertisements under development or in draft form, which have not yet been released to the public. ● “... which is calculated to induce participation in a controlled game or gaming activity at one or more gambling establishment...” This language adds further specificity to the definition to target only advertising intended to solicit, encourage, or promote participation in gambling.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1532 ● “...without limitation, any written, printed, graphic, or other material, billboard, sign, or other outdoor display, periodical literature, pub- lication, or in a radio or television broadcast, social media business page, or in any other me - dia.” This language captures the various media by which an advertisement may be disseminated to the public. ● Paragraph (c)(1) provides additional clarity and specificity to the definition of an advertisement by expressly providing what does not constitute an advertisement.

The advertising requirements are not to apply to the following: o Subparagraph (A): “The solicitation of ac- tivities, events, or services that do not re - late to the conduct of or participation in a controlled game or gaming activity and may otherwise be provided on the licensed prem- ises including, but not limited to, restaurant dining, concerts, trade shows, business con- ferences, and non–gambling related pro - motions and contests.” The term “licensed premises” has the same meaning as “gam- bling establishment” pursuant to the defini- tion provided in B&P Code

section 19805, subdivision (o). These terms are used to de- scribe one or more rooms where any con- trolled gambling or activity directly relat- ed thereto occurs (as specified).

The express language provides that advertisements used to solicit non–gambling related activities at a gambling establishment (e.g. restaurant dining, concerts, trade shows, etc.) are not subject to the same regulatory restrictions and requirements as those that fall under the definition of an advertisement. ○ Subparagraph (B): “Use of the name, nick- name, alias, or any other name by which the gambling establishment is commonly known, including its logo or trademark, exclusive of any other content.” This language provides that the sole display or use of a gambling es- tablishment’s name(s), logo, or trademark is not considered an advertisement, as defined for the purposes of the regulations. ○ Subparagraph (C): “ Any editorial or oth- er reading material, such as a news release, in any periodical, publication, or newspa - per for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any owner catego - ry licensee, and which is not written by or at the direction of the owner category licens - ee.” This language broadly exempts reading materials about a gambling establishment written independently and without direc- tion or compensation from an owner cate- gory licensee (e.g., news articles, business listings, information identifying charita- ble contributions, etc.).

The language was adapted from the definition of an advertise- ment in Cannabis Law (B&P Code

section 26150(b)(2)). ○ Subparagraph (D): “The distribution of in- formational material that is not targeted at persons under 21 years of age for purposes of recognizing a donation, gift, or charitable contribution.

The information provided may include the name, logo, and trademark of a gambling establishment and may be provid - ed in informational material including, but not limited to, a program pamphlet or in - formational handout for an event, a posting on a charitable organization’s website, etc.” This provision exempts materials that may recognize a gambling establishment for its donation, gift, or charitable contribution so long as the material does not target persons under 21 years of age. ○ Subparagraph (E): “ Any job postings for employment opportunities.” This provision clarifies that job postings for employment would not be subject to the requirements for advertisements. ○ Subparagraph (F): “ Any notices or postings otherwise required by the Act, this Division, or Title 11, Division 3 of the California Code of Regulations, such as posted game rules.” This provision exempts content require- ments for notices and postings that are con- tained in other regulatory sections from fall- ing under the definition of an advertisement, such as the Bureau’s regulations in Title 11 that require the posting of game play rules. ● Paragraph (c)(2) clarifies that anything meeting the definition of an advertisement that is includ- ed with or attached to the items exempted under paragraph (c)(1) above, must comply with the re- quirements for advertisements in

Article 5.

ARTICLE 5: ADVERTISING Adopt

Section 12095. General Requirements.

Section 12095 provides new general advertising re- quirements and responsibilities for all owner category licensees. Subsection (

a) applies the requirements within this

article to all owner category licensees and specifies that the requirements are mandatory.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1533 Subsection (

b) clarifies that any act, omission, or failure to comply with this

article by an advertising agent, representative, contractor, or any other per- son retained by the owner category licensee, will be deemed

an act, omission, or failure of the owner cat- egory licensee. This provision holds owner category licensees responsible for advertising done through a contracted third–party providing advertising and mar- keting services. Adopt

Section 12096. Specific TPPPS Business Requirements.

Section 12096 provides new specific advertising re- quirements and responsibilities for all TPPPS business licensees. Subsection (

a) contains requirements exclusive to a TPPPS business licensee, as discussed below: ● Paragraph (a)(1) specifies a TPPPS business licensee will not create, purchase, place, or dis- seminate any advertisement for a cardroom busi- ness licensee unless it has a TPPPS contract with that cardroom business licensee and the adver- tisement costs and scope of advertising services to be performed are included in the TPPPS con- tract.

This requirement is consistent with cur- rent regulations, which require that all financial arrangements between the cardroom business licensee and TPPPS business licensee, includ- ing advertising, must be disclosed in the TPPPS contract. ● Paragraph (a)(2) requires the TPPPS business licensee to provide the cardroom business licens- ee copies of all advertisements used to promote a gaming activity that the TPPPS business licens- ee has, or has caused to be, created, purchased, placed, or disseminated for the cardroom busi- ness licensee.

The phrase “or has caused to be” makes the requirement applicable to advertising done through the services of a third–party adver- tising company. This provision is consistent with existing Bureau regulations in Title 11, CCR, Sec- tion 2072, subdivision (e), which requires each li- censed gambling establishment to submit a bian- nual report to the Bureau that includes copies or transcripts of all advertisements used to promote a gaming activity in the prior six months. Adopt

Section 12097. Advertising Content and Dissemination. This

section establishes content and dissemination requirements for gambling advertisements. This sec- tion also provides criteria for the Bureau to justify its determination to disapprove an advertisement that is deceptive to the public. Subsection (

a) provides general criteria applicable to presenting the required information in a clear and conspicuous manner in all advertisements and spec- ifies that the required information must legible and readable or audible and intelligible. Subsection (

b) specifies that the required statement that participants must be 21 or older to gamble and the problem gambling statement must be presented in the same language as all of the languages used in the advertisement. Subsection (

c) sets forth the following specific con- tent requirements for all advertisements: ● Paragraph (c)(1) requires that all advertisements include the name, nickname, alias, or any oth- er name by which the gambling establishment is commonly known. ● Paragraph (c)(2) requires that advertisements in- clude a statement that participants must be 21 or older to gamble, which aligns with the existing requirements in B&P Code

section 19921. ● Paragraph (c)(3) references the requirements of

Section 12461(b)(1) and (3), which provides ad- vertisements must contain a responsible gam- bling message and reference one of the informa- tion and referral services approved by the Office of Problem Gambling (or its successor). ● Paragraph (c)(4) provides three approved ways to reference games within an advertisement. The game advertised must be referred to in ac- cordance with one of the three clauses discussed below. ○ Subparagraphs (

A) and (

B) contain re - quirements for referencing Bureau–ap- proved games within advertisements. Subparagraph (

A) requires that when an ad- vertisement references a game, the name of the Bureau–approved game or Bureau–ap- proved alternative game name must be in- cluded. Subparagraph (

B) allows for the potential use of alternative game names in the future, pending a policy and approv- al process that would first need to be estab- lished by the Bureau before alternative game names could be allowed. ○ Subparagraph (

C) contains requirements that allow an advertisement to refer to a game or group of games using any name if certain safe harbor statements identified un- der clauses (

i) through (iv) are included. ● Paragraph (c)(5) provides two options for ref- erencing gaming activities within an advertise- ment. The gaming activity advertised must be re- ferred to in accordance with one of the two claus- es discussed below. ○ Subparagraph (

A) requires the use of the Bureau–approved gaming activity name. The approved gaming activity name can be used to obtain the approved gaming

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1534 activity rules fro m th e Bu reau or th e gam- bling establishment. ○ Subparagraph (

B) provides th at an y gaming activity na me ma y be use d if th e Bureau–approved id entification nu mber is provided with it . Th e id entification nu mber can be used to ob tain th e ap proved gam ing activity rules fro m th e Bu reau or th e gam- bling establishment. Subsection (

d) provides specific ex emptions fo r certain types of ad vertisements th at ar e cu rrently lo- cated in

Section 12 461(c)(1) an d (2 ), wh ich ar e be ing proposed to be relocated and amended as follows: ● Paragraph (d)(1) contains e xpress l anguage t hat provides the re quirements of par agraphs (c )(2) through (5) do no t ap ply to an y sm all ta ngible items upon wh ich th e in formation wo uld be im - practicable to pr int, dis play, or pr esent, in cluding, but not limited to : ap parel, ha ts, pe ns, ke y ch ains, dishware, drinking glasses, coffee mugs, etc. ● Paragraph (d)(2) provides the re quirements of paragraphs (2 ) an d (3 ) of subs ection (

c) do no t apply to any di gital ma terial wh ere th e in clusion would be impracticable du e to li mited ch aracters or spaces if th e ad vertisement in cludes a li nk to a website that complies with

Section 12461(b). Subsection (

e) states that an ad vertisement mu st no t be deceptive to th e pub lic an d sp ecifies wh at co nsti- tutes a deceptive ad vertisement.

Th is subs ection pro- vides owner cat egory li censees a set of gu idelines fo r what to avoid in the creation of an advertisement. ● Paragraph (e)(1) provides that an y ad vertisement is deceptive if it de picts gam bling as a me ans to become wealthy or resolve a financial burden. ● Paragraph (e)(2) provides that an y ad vertise- ment is deceptive if it sp ecifically ta rgets or ap- peals to children or ad olescents or en courages persons under 21 ye ars of age to en gage in co n- trolled gambling an d pro vides sp ecific ex amples in the subparagraphs th at fo llow.

Th e pro visions in this paragraph sp ecify ho w li censees ma y en- sure their advertising is ta ilored to ap propriate audiences and not minors. ○ Subparagraph (e)(2)(

A) specifies that an advertisement is de ceptive if it use s de pic- tions, images, ap pearances, or vo ice–over services of anyone less than 21 years old2. ○ Subparagraph (e)(2)(

B) specifies that an ad ver- tisement is de ceptive if it use s ob jects su ch as 2 This provision wa s ad apted fr om th e Di stilled Sp irits Co un- cil of the United St ates — 20 21 Co de of Re sponsible Pr actices for Beverage Al cohol Ad vertising an d Ma rketing. https://www . distilledspirits.org/wp–content/uploads/2021/03/2021–DIS - CUS–Code–of–Responsible–Practices–for–Beverage–Alcohol– Advertising–and–Marketing.pdf toys, inflatables, mo vie ch aracters, car toon ch ar- acters, or any ot her dis play, de piction, or im age designed in a ma nner to ap peal to mi nors or an y- one under 21 years of age3. ○ Subparagraph (e)(2)(

C) prohibits advertising, as defined in Ch apter 1, on th e pr emises of an y da y care center, yo uth ce nter, pr eschool, or ki ndergar- ten through 12th grade school or re lated fu nction thereto, or at an y fu nction th at is be ing pr imarily held for persons under 21 years old. ● Paragraph (e)(3) specifies what te rms ar e pro- hibited from be ing use d to de scribe an y gam es or gaming activities. Th is pro vision pro vides th e owner type li censee sp ecific gu idance in th e de- velopment o f an a dvertisement an d g ives t he B u- reau specific cr iteria to ci te if it dis approves of an advertisement. ● Paragraph (e)(4), in alignment wi th B& P Co de

section 17508, pro vides th at an ad vertisement is deceptive if it ma kes an y fa lse or mis leading claim. This pro vision ma intains th e Bu reau’s dis- cretion concerning it s dis approval an d av oids cr e- ating any implication of ci vil li abilities re sulting from a violation of the statute. Paragraph (e)(5) provides that an ad vertisement is deceptive if th e ad vertisement de picts, il lustrates, portrays, or re ferences a pro hibited gam e as sp ecified in Penal Code sec tion 33 0.

Th e pro vision pro vides th e Bureau essential dis cretion an d fle xibility to ma ke such a determination, es pecially fo r ad vertisements that may not ex plicitly ad vertise th e na me of a pro hib- ited game, but ma y im ply a pro hibited gam e is off ered at a gambling es tablishment th rough th e use of il lus- trations or pictures. Adopt

Section 12098. Ag e Confirmation in Advertising. This

section es tablishes age co nfirmation re quire- ments for advertising in volving di rect co mmunication or dialogue an d fo r ac cessing gam bling es tablishment websites and social media landing pages. Subsection (

a) requires the ow ner cat egory li censee to use age affirmation to ve rify th at th e re cipient is 21 years of age or ol der pr ior to an y ad vertising in volving direct communication or di alogue. Fu rther, th is pro vi- sion specifies wh at fo rms of co mmunication mu st ut i- lize age verification met hods (c ommunication th rough in–person, telephone, physical mail, or electronic). Subsection (

b) provides an ex emption to age ve r- ification requirements if th e ow ner cat egory li censee can verify that th e re cipient ha s al ready un dergone a method of age affi rmation an d ha s be en ve rified to be 3 T h i s p r ov i s i o n w a s a d a p t e d f r o m t h e U n i t e d S t a t e s Fe d e r a l Tr a d e Commission v R. J. Re ynolds Tob acco, Do cket Nu mber 92 85, 1997.https://www.ftc.gov/sites/default/files/documents/cases/ 1997/05/d9285cmp.pdf

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1535 21 or older, and the communication is sent only to the intended recipient. Subsection (

c) provides that age verification or self– attestation is required prior to adding a potential cus- tomer to a mailing list or subscription to receive direct communications (targeted marketing) controlled by the owner category licensee. Subsection (

d) provides age gating requirements, when possible, for visiting gambling websites and so- cial media landing pages operated by or for an own- er category licensee, which is consistent with the re- quirements for other age–restricted industries. Adopt

Section 12099. Disapproval of Advertising. This

section explains the procedure for the Bureau to notify an owner category licensee if the Bureau de- termines an advertisement is deceptive and provides potential disciplinary and enforcement actions that a licensee may be subject to for failing to correct an ad- vertisement. This

section does not expand nor dimin- ish the Commission or Bureau’s existing authority and is consistent with current processes for dealing with other violations. Subsection (

a) provides the Bureau may issue a notice of disapproval to the owner category licensee for an advertisement that is not compliant with this article. If the Bureau decides to issue a notice of dis- approval, at a minimum, the notice must provide:

(1) A legal citation of the violation,

(2) A description of each part of the advertisement that is not compliant with the regulations, and

(3) A specific deadline for correcting the advertisement. This provision specifies a mecha- nism whereby the Bureau may document and notify the owner category licensee of an advertisement that has been determined to be in violation of the regu- lations. Further, it requires the Bureau to provide the owner category licensee information to identify what it must correct in the advertisement and when it must be corrected before disciplinary action is taken. Subsection (

b) provides if a notice of disapproval is issued in accordance with subsection (

a) and the noncompliant advertisement is not corrected by the deadline specified by the Bureau, the Bureau may take additional disciplinary action it deems appropriate. This provision provides the Bureau with enforcement options if the licensee fails to take corrective action pursuant to the issuance of a notice of disapproval. Subsection (

c) requires that the following be includ- ed in the Bureau’s report to the Commission for con- sideration during an owner category licensee’s initial or renewal license application: ● Any notice of disapproval and failure to correct; ● Any instances of repeated violations pursuant to the requirements of the article; and, ● Any subsequent actions by the owner category licensee and or Bureau. The provision further specifies that the above items may be considered a factor in determining the suit- ability for licensure of an applicant. Subsection (

d) provides references to the Bureau’s existing authority for filing a disciplinary action under

Chapter 10 of this division and/or under B&P Code sections 19930 and 19931. Subsection (

e) clarifies that it is not the intention of these regulations to imply or create a private cause of action based on any actions of the Bureau or Commis - sion regarding the creation of, and/or failure to timely correct, an advertisement found to be deceptive by the Bureau.

CHAPTER 7. CONDITIONS OF OPERATION FOR GAMBLING ESTABLISHMENTS.

ARTICLE 9. PROGRAM FOR RESPONSIBLE GAMBLING. Amend

Section 12461. Posting Referral Information. This

section contains requirements for posting problem gambling information and referral services on websites and advertisements operated by or on behalf of any cardroom business licensee or TPPPS business licensee. Additionally, this

section contains exceptions for digital materials and promotional items with size and space limitations. Subsection (

b) requires a responsible gambling message and a hyperlink to the Office of Problem Gambling to be displayed on websites operated by or on behalf of any owner category licensee. In this subsection, “on behalf of” is being replaced with “under the control of.” Further, this

section is be- ing amended to add social media landing pages to the types of advertising media required to contain prob- lem gambling information. Additional amendments are proposed to require the information be displayed in a clear and conspicuous manner and presented in all languages used in the advertisement, as specified in subsections (

a) and (

b) of

Section 12097. Further, the subsection is being updated and ex- panded upon in paragraphs (1) through (3) to include additional information and referral services that are currently available for problem gamblers and to pro- vide the public more direct and readily accessible ways to get immediate help with a gambling addiction problem, rather than having to navigate to the Office of Problem Gambling website to search for the same information. Subsection (

c) provides problem gambling infor- mation and referral requirements for advertisements distributed by television, radio, outdoor display, flyer, mail or digitally. This

section is being repealed due to the amendments proposed to subsection (

b) and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1536 the more specific and extensive advertising content requirements being added in

Article 5. The require- ments that were previously in this

section have been modified, clarified, and expanded upon to reduce ambiguity. CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission has evaluated this regulatory ac- tion and determined that the proposed regulations are neither inconsistent nor incompatible with any other existing state regulations. COMPARABLE FEDERAL LAW There are no existing federal regulations or statutes comparable to the proposed regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The proposed action is estimated to have no fiscal impact to the Commission. Additionally, the proposed action would only adjust the current enforcement practices of the Bureau and result in an absorbable increase in compliance and enforcement staff workload. Specifically, the Bureau indicated an absorbable annual increase in workload of 1,456 hours for compliance staff and 1,144 hours for enforcement staff.

The Bureau has determined that the regulations will not require additional positions and has identified a fiscal impact of $0. There are no costs or savings in Federal funding to the State. Non–Discretionary Cost or Savings Imposed upon Local Agencies: None. Mandate Imposed on any Local Agency or School District for Which

Part 7 (Commencing with

Section 17500) of Division 4 of the Government Code Requires Reimbursement: None. Cost to any Local Agency or School District for Which

Part 7 (Commencing with

Section 17500) of Division 4 of the Government Code Requires Reimbursement: None. Effect on Housing Costs: None. Impact on Business: The Commission has made a determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This deter- mination is based on the following facts or evidence/ documents/testimony: This proposed action implements requirements for gambling establishment advertisements pursuant to the Commission’s statutory mandate in B&P Code

section 19841(f). The proposed regulations provide advertising standards to ensure that only responsi- ble gambling advertisements are disseminated to the public and problem gambling information and referral services are posted on all advertisements, websites, and social media landing pages.

The total statewide dollar costs that businesses may incur to comply with this regulation over its lifetime includes an initial one–time cost of $2,791,593 for cardroom businesses and $839,135 for TPPPS busi- nesses in the first year, and an ongoing cost of $631,350 for cardroom businesses and $191,958 for TPPPS busi- nesses annually in each subsequent year. This results in an initial industry–wide cost of $3,630,728 in the first year and an ongoing cost of $823,308 per year thereafter.

These costs will not inhibit a California business from competing with business in other states as the gambling industry does not cross state lines and the amounts involved are not significant enough to ef- fect industry competitiveness.

Cost Impact on Representative Private Person or Business: The proposed action will amend existing content and dissemination requirements for gambling adver- tisements, provide age confirmation requirements for advertisements involving direct communication or dialogue (direct marketing), and establish age gating requirements for accessing websites and social media landing pages operated by or for an owner category licensee.

The proposed action also amends existing re- quirements for posting problem gambling information and referral services on websites operated by or for an owner category licensee, by adding social media land- ing pages to this requirement. The average initial cost in the first year is estimated to be higher than in sub- sequent years because businesses will need to revise and/or replace any current gambling advertisements that do not comply with the new requirements.

The Commission estimates that the proposed action will have an average initial cost of $62,488 per typical business in the first year and an average ongoing cost of $16,500 per typical business in each subsequent year. Effect on Small Business: The Commission has made a determination that the proposed regulatory action would have a similar im - pact on small businesses to comply with the proposed regulations, as noted above. The Commission esti-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1537 mates that the proposed action will have an average initial cost of $42,085 per small business in the first year and an average ongoing cost of $8,997 per small business in each subsequent year. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Commission has determined that this regula- tory proposal will not have a significant impact on the creation of new jobs or businesses, the elimina- tion of jobs or existing businesses, or the expansion of businesses in California.

For this purpose, the federal Small Business Administration (SBA) definition of a small business was utilized. An average annual gross gaming revenue of $30 million per year was used as the threshold, as specified in the North American In- dustry Classification System Code

section 713210 and referenced by the SBA. Cardroom business licensees and TPPPS business licensees having a three–year av- erage annual gross gaming revenue of no more than $30 million were identified as small businesses. Due to mandatory closures resulting from the COVID–19 pandemic, 2019 was the last full year of operation; in- formation from 2020 and 2021 was not used.

The basis for this determination is that this proposed action only establishes requirements for the cardroom industry to follow concerning the content, publica- tion, dissemination, and control of advertisements that are calculated to induce participation in a controlled game or gaming activity and provides the Bureau with criteria and a process to use in determining its disap- proval of an advertisement. The proposed action is re- sponsive to the Commission’s mandate in B&P Code

section 19841, subdivision (f), and does not encroach on the industry’s constitutionally protected forms of commercial speech. Benefits of Proposed Regulation: The proposed regulation will benefit the health, safety, and welfare of the public by ensuring that only responsible gambling advertisements are disseminat- ed to the public and problem gambling information and resources are posted on all gambling related ad- vertisements, websites, and social media landing pag- es.

Implementing the proposed regulations will fulfill the Commission’s statutory mandate and maintain in- tegrity within the controlled gambling industry. Health and Welfare of California Residents: It has been determined that the proposed action will protect the health, safety, and general welfare of California residents by dissuading and reducing the dissemination of gambling advertisements that are de- termined by the Bureau to be deceptive to the public.

This includes advertisements that inappropriately ap- peal to persons under the age of 21, entice gambling as a means of becoming wealthy, make false or mis - leading claims, or refer to a game prohibited by Penal Code

section 330. Additionally, the proposed action provides updates to existing requirements concerning the posting of information and referral services for problem gamblers, as approved by the Office of Prob- lem Gambling. Worker Safety: It has been determined that the proposed action will not affect worker safety because it does not pertain to working conditions or worker safety issues. State’s Environment: It has been determined that the proposed action will not affect the State’s environment because it does not pertain to environmental issues.

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

INITIAL STATEMENT OF REASONS, INFORMATION AND TEXT OF PROPOSAL The Commission has prepared an Initial Statement of Reasons and the exact language for the proposed action and has available all the information upon which the proposal is based. Copies of the language and of the Initial Statement of Reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Commission at 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833 – 4231.

A VAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed ac- tion is based is contained in the Rulemaking File that will be available for public inspection and copying at the Commission’s office throughout the rulemaking process. Arrangements for inspection and/or copying may be made by contacting the primary contact per- son named below. Y ou may obtain a copy of the Final Statement of Reasons, once it has been prepared, by making a writ-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1538 ten request to one of the contact persons named be- low or by accessing the Commission’s Website listed below.

CONTACT PERSONS All comments and inquiries concerning the sub- stance of the proposed action should be directed to the following primary contact person: Alex Hunter, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 263–1301 Fax: (916) 263–0499 E–mail: ahunter@cgcc.ca.gov Requests for a copy of the Initial Statement of Rea- sons, proposed text of the regulation, modified text of the regulation, if any, or other technical information upon which the proposed action is based should be di- rected to the following backup contact person: Joshua Rosenstein, Legislative and Regulatory Specialist Legislative and Regulatory Affairs Division California Gambling Control Commission 2399 Gateway Oaks Drive, Suite 220, Sacramento, CA 95833–4231 Telephone: (916) 274–5823 Fax: (916) 263–0499 Email: jrosenstein@cgcc.ca.gov WEBSITE ACCESS Materials regarding this proposed action are also available on the Commission’s Website at www.cgcc. ca.gov.

TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

DEFINITIONS AND REIMBURSEMENTS FOR TRAINING Regulation 1015 Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) propos- es to amend regulations in Division 2 of Title 11 of the California Code of Regulations as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 11346.8, any interested person, or their duly authorized repre- sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. Public Comments Due by February 13, 2023. Notice is also given that any interested person, or authorized representative, may submit written com- ments relevant to the proposed regulatory action by fax at (916) 227–4547, by email to Steve Harding, or by letter to: Commission on POST Attention: Rulemaking 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 Authority and Reference This proposal is made pursuant to the authority vested by Penal Code

section 13503 (authority of the Commission on POST) and Penal Code

section 13506 (POST authority to adopt regulations). This proposal is intended to interpret, implement, and make specific Penal Code

section 13503(e), which authorizes POST to develop and implement programs to increase law enforcement’s effectiveness, including training and education courses. Informative Digest/Policy Statement Overview Agencies participating in the POST Reimbursable Program and/or POST–approved training presenters shall be reimbursed from the State Penalty Fund or other approved funding sources approved by the state for allowable expenditures incurred for training in POST–certified courses only as defined in Commis - sion Regulation 1001.

Commission Regulation 1015 (Reimbursements for Training) identifies the proce- dures and rates for submitting for reimbursement. This rulemaking action updates the rates for reim- bursement. It also amends the regulation to replace back–fill reimbursement with salary offset. Currently, Commission Regulation 1015 lists re- imbursement rates that have not been amended since 2006. These amendments will enable agencies of the POST program to be reimbursed at the most current rate.

The proposed amendments to Commission Regu- lation 1015 in this rulemaking action will update re- imbursement rates for POST–certified training. It also includes amendments to simplify the reimbursement process. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend- ments to the regulations will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving peace, protec- tion of public health, safety, and welfare of California.

The proposed amendments will have no impact on worker safety or the state’s environment.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1539 Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend- ments are not inconsistent or incompatible with ex- isting regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula- tions that concern the perishable skills and continuing professional training requirements for peace officers in California.

Disclosures Regarding the Proposed Action POST has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di- rectly affecting California businesses: POST has de- termined that the proposed regulations will not have a significant, statewide adverse economic impact di- rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None.

Small Business Determination: POST has deter- mined that the proposed regulations will not affect small business because the regulations only affect state agencies that are adopting, amending, or repeal- ing regulations. Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses.

Results of Economic Impact Analysis/Assessment POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over- view, the benefits of the regulation will increase the ef- ficiency of the state of California in delivering services to stakeholders by providing current reimbursement rates for training and simplifying the reimbursement process. Thus, law enforcement standards are main- tained and effective in preserving peace, protecting of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment.

Consideration of Alternatives In accordance with Government Code

Section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, or would be as ef- fective as 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 implementing the statutory policy or other provision of law than the proposed action.

Contact Persons Questions regarding this proposed regulatory ac- tion may be directed to Steve Harding, Commission on POST, 860 Stillwater Road, Suite 100, West Sac- ramento, CA 95605–1630 at (916) 227–2816. General questions regarding the regulatory process may be di- rected to Katie Strickland at (916) 227–2802. Text of Proposal Individuals may request copies of the exact language of the proposed regulations and of the initial statement of reasons, and the information the proposal is based upon, from the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630.

These documents are also located on the POST Web- site at https://post.ca.gov/Regulatory–Actions. Adoption of Proposed Regulations/Availability of Changed or Modified Text Following the public comment period, the Commis - sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod- ify the proposal if such modifications remain suffi- ciently related to the text as described in the Informa- tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1540 Availability and Location of the Rulemaking File and the Final Statement of Reasons The rulemaking fil e co ntains al l in formation upo n which POST is ba sing th is pro posal an d is av ailable for public in spection by co ntacting th e pe rson(

s) named above. As of th e da te th is no tice is pub lished in the Notice Re gister, th e ru lemaking fil e co nsists of this notice, the pro posed te xt of th e re gulations an d th e initial statement of reasons. To request a co py of th e Fi nal St atement of Re asons once it has be en ap proved, sub mit a wr itten re quest to the contact person(

s) named above. ed a new and re vised co nsistency det ermination fro m CDFW commensurate wi th th e am endment to th e IT S and BO. Current Project Description1 The Project in volves th e co nstruction, op eration, maintenance, an d de commissioning of a co mmer- cial solar power ge nerating fa cility on ap proximate- ly 1,076.6 acres la nd ma naged by BL M. Th e Pro ject includes a 15 0–megawatt (M

W) al ternating cu rrent (AC) solar photovoltaic (PV) energy–generating fac il- ity, located ap proximately fiv e mi les no rth of th e co m - munity of Desert Center in the County of Riverside. The Project ha s a mi nimum ex pected li fetime of 30 years, with an op portunity of 50 ye ars or mo re wi th equipment replacement, re –powering, an d an ex ten- sion of the ap plicable pe rmits, ap provals, an d au tho- rizations. The Pro ject co nsists of a ma in ge neration area, an operations an d ma intenance (O &

M) fa cility either on or off th e so lar fa cility si te, an on site sub- station, a swi tchyard, an d si te sec urity. Co nstruction components in clude pr e–construction su rveys; ex clu- sion fencing; cl earing an d co nstruction of a la y–down yard, parking ar ea, an d pad mo unts fo r tr ansformers; and all construction ac tivities fo r th e no rtheastern an d southwestern so lar fa cilities. Th e so lar fa cilities wi ll consist of arrays of PV mo dules on a si ngle ax is tr ack- ing system.

Al l of th e so lar fie ld wi ll be im pacted by some form of so il dis turbance, in cluding co mpaction, micro–grading, or dis c–and–roll gr ading. Ea ch ar ray will consist of PV mo dules, a po wer co nversion st a- tion, and a transformer. The Project ac tivities de scribed abo ve ar e ex pect- ed to incidentally take 2 Agassiz’s desert to rtoise (Go- pherus agassizii) (desert tortoise). De sert to rtoise is designated as a th reatened sp ecies pu rsuant to th e federal Endangered Sp ecies Ac t (E SA) (1 6 U.

S.C. § 1531 et seq .) an d a th reatened sp ecies an d can di- date for endangered pu rsuant to CES A (F ish & Ga me Code, § 2050 et seq .). (S ee Ca l. Co de Re gs., ti tle 14 , § 670.5, subdivision (b )(4)(A), an d see 20 20 Ca l. Re g. Notice Register, Nu mber 44 –Z, page s 14 45–1446 (O c- tober 30, 2020).) Du ring co nstruction an d lo ng–term O&M, incidental ta ke ma y ta ke pl ace wi thin th e Pro j- ect boundary, al ong th e ge n–tie li ne, as sociated ac- cess roads, in ar eas wh ere ex clusion fe ncing wi ll be installed, and wi thin re cipient si tes.

In par ticular, th e 1 The project de scription be low is ta ken fr om th e or iginal Co n- sistency Determination Number 2080–2013–002–006 issued by CDFW on Ap ril 3, 20 13, wi th th e ex ception of an up dated de- scription of the reduced acreage of the Project footprint. 2 P u r s u a n t t o F i s h a n d G a m e C o d e s e c t i o n 8 6 , “'Take’ means hunt, pursue, ca tch, ca pture, or ki ll, or at tempt to hu nt, pu rsue, catch, capture, or ki ll.” Se e al so Environmental Protection In - formation Center v.

California Department of Forestry and Fire Protection (2008) 44 Ca l.4th 45 9, 50 7 (f or pu rposes of in cidental take p ermitting u nder F ish a nd G ame C ode s ection 2 081, s ubdivi- sion (b), “’take’ …means to catch, capture or kill”).

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2022–011–06 Project: Desert Harvest Solar Project Location: Riverside Applicant: EDF–RE Renewable Energy Notifier: Devin Muto, Director Background This consistency det ermination re places Co nsisten- cy Determination Nu mber 20 80–2013–002–006 fo r the Desert Ha rvest So lar Pro ject (P roject), or iginally issued by the Ca lifornia De partment of Fis h an d Wi ld- life (CDFW) on Ap ril 3, 20 13, pu rsuant to th e Ca li- fornia Endangered Sp ecies Ac t (CE SA) an d at tached hereto as Exhibit A.

The Project ex perienced un anticipated de lays, wi th project construction no t co mmencing co nstruction un- til Fall 2019 an d no t co ncluding co nstruction un til Ja n- uary 2021.

At th e co mpletion of co nstruction, th e fin al project footprint wa s le ss th an th at or iginally an tici- pated and reflected in bo th th e or iginal In cidental Ta ke Statement (ITS) an d ac companying Bi ological Op in- ion (BO) issued by th e Un ited St ates Fis h an d Wi ldlife Service (Service) to th e Bu reau of La nd Ma nagement (BLM) and th e or iginal Co nsistency Det ermination issued by CDFW to ED F–RE Re newable En ergy (A p- plicant).

As de scribed mo re fu lly be low, th is ch ange to the original pro ject re sulted in an am endment to th e ITS and BO to do cument th e re duction in pro ject ac re- age, to adjust th e mi nimum co mpensatory mi tigation acreage, and to mo dify th e or iginal co mpensatory mi t- igation timeline re quirements. Ap plicant ha s re quest-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1541 desert tortoise could be incidentally taken as a result of moving individuals out of harm’s way, from trans- location and subsequent health assessments, and from crushing, trampling, or burial of sub–adults, adults, juvenile desert tortoises, and eggs.

Desert tortoise individuals are documented as pres- ent approximately 0.25 miles from the Project site within the adjacent Desert Sunlight project Chuckwal- la recipient site, and approximately 4.25 miles from the Project site along the proposed shared gen–tie route, and there is suitable desert tortoise habitat with- in and adjacent to the Project site. Focused protocol– level field surveys indicated desert tortoise presence based on multiple condition class burrows found with- in the Project boundary.

Because of the proximity of the nearest documented desert tortoise and results of the field surveys, the Service determined that the des- ert tortoise is reasonably certain to occur within the Project site and that Project activities are expected to result in the incidental take of the desert tortoise. The Service estimated that up to two sub–adult or adult desert tortoises, up to two juveniles, and an unquanti- fiable number of eggs might occur within the Project boundary.

The Project activities will result in the permanent loss of 1,076.6 acres of desert tortoise habitat; and if the Project impacts desert tortoise habitat beyond this acreage, the amount or extent of take will be exceeded. Original 2013 Biological Opinion, Incidental Take Statement, and Consistency Determination On January 15, 2013, the Service issued the ITS and BO (Number FWS–ERIV–10B0593–12F0411) to BLM. The ITS and BO described the original Project and required the Applicant to comply with terms of the ITS and BO, including the incidental take state- ment (ITS), and incorporated additional measures.

Conservation measures 4 and 4d of the BO described the compensatory mitigation requirements to offset impacts to vegetation and wildlife habitat resources by protecting in perpetuity lands that are consistent with the Northern and Eastern Colorado Desert Co- ordinated Management Plan (NECO; BLM 2002).

The habitat compensation plan specifies habitat com- pensation ratios and identifies that the Applicant will complete the acquisition, protection, and transfer of all lands and record the required conservation easements, deed restriction, or other protection measures no later than 18 months after the start of ground–disturbing activities. The original Project impacts were described as 1,300 acres with required compensatory mitigation listed as 2,048.4 acres. On March 5, 2013, the Director of CDFW received a notice from the Applicant requesting a determina- tion pursuant to Fish and Game Code

section 2080.1 that the ITS and BO are consistent with CESA for purposes of the Project and desert tortoise (See Cal. Reg. Notice Register 2013, Number 13–Z page 527). On April 3, 2013, CDFW issued Consistency Deter- mination Number 2080–2013–002–06 for the Desert Harvest Solar Project, which determined that the ITS and BO (Number FWS–ERIV–1 OB0593–12F0411), issued by the Service on January 15, 2013, was con- sistent with CESA pursuant to

section 2080.1 of the California Fish and Game Code. Biological Opinion Amendment On May 20, 2021, BLM requested that the Service amend the ITS and BO to revise conservation measure 4d, 4d.i, and 4d.ii to modify the compensatory mit- igation timeline requirements from 18 months to 36 months as described in BLM’s amended right–of–way (ROW) grant issued to the Applicant.

Accordingly, the Service amended the ITS and BO requiring the Applicant to complete the acquisition, protection, and transfer of all lands and record the required conser- vation easements, deed restriction, or other protection measures no later than 36 months after the start of ground–disturbing activities. On July 7, 2021, BLM and the Service determined that the original 2013 ITS and BO would be modified to document approxi- mately 197 acres of reduction of the Project footprint.

Based on that reduction, Project impacts are now de- termined to be 1,076.6 acres with required compen- satory mitigation of 1505.0 acres. On September 27, 2021, the Service issued an amendment to the ITS and BO (Number FWS–ERIV–10B0593–12F0411–R002) for the Project specifically including the changes listed above. Per the terms of the amendment to the ITS and BO, all other portions of the original January 15, 2013 biological opinion remain unchanged and in effect. On July 26, 2022, the Director of CDFW received a notice from the Applicant requesting a new deter- mination pursuant to Fish and Game Code

section 2080.1 to address the changes in the project and the BO amendment (See Cal. Reg. Notice Register 2022, Number 32–Z, Z2022–0729–01). Determination CDFW has determined that the ITS and BO, as amended, are consistent with CESA as to the Project and desert tortoise because the mitigation measures contained in the ITS and BO, as amended, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing inciden- tal take of CESA–listed species. Specifically, CDFW finds that: (1) take of desert tortoise will be inciden- tal to an otherwise lawful activity; (2) the mitigation measures identified in the ITS and BO, as amended, will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required avoidance minimization and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Proj-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1542 ect will not jeopardize the continued existence of des- ert tortoise.

All portions of CDFW’s determination in Consis- tency Determination Number 2080–2013–002–006, issued on April 3, 2013 and attached hereto as Exhibit A, remain unchanged and in effect with the exception of the following amendments described in italics: The third full paragraph on Page 7 is amended in its entirety to read: ● The Applicant will provide for permanent protec- tion and management of the compensation lands for desert tortoise, and enhancement actions such as habitat restoration, invasive plant control, road closures or road fencing, and controlling ravens and other predators.

The total land acqui- sition will be an estimated 1505.0 acres. The fi - nal land acquisition acreage, which will reflect any deviations in Project disturbance, accord - ing to final design, and deviations in the as–built Project footprint, will be determined in coordina- tion with and approved by the Agencies. The Ap - plicant will complete the acquisition, protection, and transfer of all lands and record the required conservation easements, deed restriction, or oth - er protection measures no later than 36 months after the start of ground–disturbing activities.

The “Financial Assurances” section, beginning at the top of page 9, is amended in its entirety to read: ● The Applicant will provide to the Agencies, no fewer than 30 days prior to commencing ground– disturbing activities, an irrevocable letter of credit or another form of security (fiscal securi - ty) provided for review by the Service and BLM and approval by CDFW. The security will allow CDFW to draw on the principal sum, if CDFW, in its sole discretion, determines that the Applicant has failed to comply with the conditions set forth in the BO.

The security will be in the amount of six million five hundred sixty–one thousand two hundred eighty dollars ($6,561,280.00) for 2050.4 acres of land based on the following estimated costs of implementing the conservation mea - sures: land acquisition costs for impacts to hab - itat, calculated at $1,500/acre ($3,075,600.00); costs of enhancing acquisition lands, calculated at $250/acre ($512,600.00); and long–term main- tenance and management, calculated at $1,450/ acre ($2,973,080.00).

Notwithstanding the post - ing of security, the Applicant will complete the acquisition, protection, and transfer of all lands and record the required conservation easements, deed restriction, or other protection measures no later than 36 months after the start of ground– disturbing activities. The actual costs to comply with this condition will vary depending on the actual costs of acquiring compensation habitat, the costs initially improving the habitat, and the actual costs of long–term management as deter - mined by a Property Analysis Record (PAR) or equivalent analysis.

Land acquisition will be ac - complished in one of three ways: 1) Providing funds in an amount equivalent to the total security amount in paragraph 4(

c) into the Renewable Energy Action Team account established with National Fish and Wildlife Foundation (NFWF) no later than 30 days prior to ground disturbance. Lands will be acquired no later than 36 months af- ter ground–disturbing activity and will be conserved in perpetuity by a legal mecha- nism agreed to by the Service, BLM, and CDFW . EDF will independently establish a management fund for the entity that owns and manages the acquired lands.

The man- agement fund will consist of an interest– bearing account, with the amount of capital commensurate to generate sufficient inter- est to fund all monitoring, management, and protection of the acquired lands, including reasonable administrative overhead, biolog- ical monitoring, improvements to carrying capacity, law enforcement measures, and other actions designed to protect or improve the habitat values of the acquired lands.

A PAR, or comparable method, will be con- ducted by EDF independently and reviewed by the Service, BLM, and CDFW to deter- mine the management needs and costs de- scribed above, which then will be used to calculate the amount of capital needed for the management fund.

This management fund will be held and managed by an entity approved by the Service, BLM, and CDFW as appropriate. 2) The responsibility for acquisition of com- pensation lands may be delegated to a third party other than NFWF, such as a non–gov- ernmental organization supportive of desert habitat conservation, by written agreement of the Service, BLM, and CDFW . If conser- vation lands are acquired by an agency–ap- proved entity, they must meet the CDFW’s fully mitigated standard.

Agreements to del- egate land acquisition to an approved third party, or to manage compensation lands, will be executed and implemented with- in 36 months of the BLM and County of Riverside’s certification of the Project. 3) The Applicant may choose to compen- sate for impacts to state–listed endangered

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1543 species p ursuant t o S ection 2 081 o f t he F ish and G ame C ode u sing t he “ advance m itiga- tion” m echanism set f orth i n C alifornia F ish and G ame C ode se ction 2 069.

L ands a c- quired t hrough S ection 2 069 m ay i n w hole or i n pa rt s atisfy t he h abitat r equirements set f orth i n t his m itigation m easure, o nly t o the e xtent t hat t hey d o i n f act p rovide h abitat values f or s ignificant i mpacts t o t he s pecies and b iological r esources i dentified ab ove, and a re c onsistent w ith t he se lection c riteria described above. If t he A pplicant d irectly a cquires c onservation l ands independently, i t m ust m eet CE SA ’s f ully m itigat- ed s tandard.

L ands p urchased w ill b e t ransferred in fee title to CDFW or another entity or individ- ual q ualified p ursuant t o C alifornia G overnment Code se ctions 6 5965–65968, a s a mended, w ith either a c onservation e asement, d eed r estric- tion, o r o ther p rotective m easures ( as a pproved by C DFW) o ver t hose l ands. I f t he A pplicant transfers l ands t o C DFW, t he A pplicant w ill r e- imburse C DFW f or r easonable e xpenses i ncurred during t itle a nd d ocumentation r eview, e xpens- es i ncurred f rom o ther S tate ag ency r eviews, a nd overhead r elated t o t ransfer o f t he l ands.

I f t he Applicant t ransfers l ands v ia d onation t o B LM, similar transfer fees may be incurred. Conclusion Pursuant t o F ish a nd G ame C ode se ction 2 080.1, take a uthorization u nder CE SA is n ot r equired f or t he Project f or i ncidental t ake o f d esert t ortoise, p rovided the A pplicant i mplements t he P roject a s d escribed i n the I TS a nd B O, a s a mended, i ncluding a dherence t o all m easures c ontained t herein, a nd c omplies w ith t he mitigation m easures a nd o ther c onditions d escribed i n the I TS a nd B O, a s a mended.

I f t here a re a ny s ubstan- tive c hanges t o t he P roject, i ncluding c hanges t o t he mitigation measures, or if the Service further amends or replaces the ITS and BO, the Applicant shall be re- quired t o o btain a n ew c onsistency d etermination o r a CE SA i ncidental t ake p ermit f or t he P roject f rom CDFW . ( See g enerally F ish & G . C ode, § § 2 080.1, and 2081, subds. (

b) and (c)). CDFW’s d etermination t hat t he B O, B O a mend- ment, a nd I TS a re c onsistent w ith CE SA is l imited t o desert tortoise. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2022–014–05 Project: Legacy Homes Tract Number 14608 Development Project Location: East Los Alamos, Santa Barbara County Permittee: Legacy Homes Background Legacy H omes ( Permittee) p roposes t o c onstruct 59 r esidential l ots, e xtend f our r esidential s treets, a nd improve d rainage f acilities o n L egacy H omes T ract Number 1 4608, i n S anta B arbara C ounty.

T he L ega - cy H omes T ract N umber 1 4608 D evelopment P roject (Project) i ncludes d isturbance t o 2 3.09 a cres f or d e- velopment i nto 5 9 l ots l ocated p rimarily w est o f D en Street a nd s outh o f C oiner S treet i n t he s outhwest- ern p ortion o f t he L os A lamos C ommunity P lan a rea (Project A rea). T he l ots a re p roposed t o r ange f rom 8,877–16,875 g ross s quare f eet.

T he P roject i ncludes grading f or t ract d evelopment, i ncluding ro ads a nd residential b uilding pa ds, e stimated a t 2 0,000 c ubic yards o f c ut a nd 4 0,000 c ubic y ards o f fi ll, w ith a p- proximately 2 0,000 c ubic y ards o f i mport, i nstallation of e xterior l ighting, o n–site d rainage s ystems, i nstal- lation o f a p ipeline, b ank s tabilization a nd a s torm drain o utfall a t S an A ntonio C reek, ro ad e xtensions over a d rainage d itch o f S haw S treet, a nd e xtension o f Den S treet s outh t o i ntersect C oiner S treet’s e xtension.

The p roposed p roject is a “ lot s ales” s ubdivision, where g raded l ots w ould b e o ffered i ndividually o r in g roups t o l ocal b uilders. F uture p roperty o wners would b e r esponsible f or d eveloping t heir r espective homes a nd f unding c onnections t o i nfrastructure i n- cluding sewer, electrical, gas, and drainage.

The P roject a ctivities d escribed ab ove a re e xpect- ed to incidentally take 1 C alifornia t iger s alamander (Ambystoma californiense) f rom t he E ast L os A lamos Santa B arbara C ounty D istinct P opulation S egment within t he c ommunity o f L os A lamos i n S anta B ar- bara C ounty. C alifornia t iger s alamander c ould b e i n- cidentally t aken a s a r esult o f g rading, c rushing, o r entrainment.

C alifornia t iger s alamander is d esignated as a n e ndangered s pecies p ursuant t o t he f ederal E n- 1 P u r s u a n t t o F i s h a n d G a m e C o d e s e c t i o n 8 6 , “'Take’ m eans hunt, p ursue, c atch, c apture, o r k ill, o r a ttempt t o h unt, p ursue, catch, c apture, o r k ill.” S ee a lso Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection ( 2008) 4 4 C al.4th 4 59, 5 07 ( for p urposes o f i ncidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “’take’ … means to catch, capture, or kill.”).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1544 dangered Species Act (ESA) (16 U.S.C. § 1531 et seq.) and a threatened species pursuant to the California Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal. Code Regs., title 14, § 670.5, subdivision (b)(3)(G).) The Permittee prepared a Habitat Conservation Plan (HCP) and received an Incidental Take Permit (ITP) from the United States Fish and Wildlife Ser- vice (USFWS) on August 18, 2022, (Permit Number ESPER0048285) pursuant to

Section 10 of the ESA. The Project Area lies within the historic range and federally designated critical habitat of the California tiger salamander. The HCP provides an assessment of the existing habitat within the Project Area, evaluates the effects of the proposed development and operation and maintenance activities (Covered Activities) for a period of 15 years on California tiger salamander, and presents a mitigation plan to offset habitat loss and/ or incidental take of California tiger salamander that could result from the Covered Activities.

California tiger salamander are distributed in six metapopulations in Santa Barbara County: ● Southwestern Santa Maria Valley (West Orcutt); ● Southeastern Santa Maria Valley (Bradley–Dominion); ● West Solomon Hills/north Los Alamos Valley; ● East Los Alamos Valley; ● Purisima Hills; and ● Santa Rita Valley.

The three known California tiger salamander breed- ing sites nearest the Project Area are: Pond LOAL– 18, located approximately 8,000 feet southeast of the Project Area; Pond ZACR–3, located approximately 15,000 feet southeast of the Project Area; and Pond SISQ–1, located approximately 16,000 feet northwest of the Project Area. Other potential breeding ponds for California ti- ger salamander include: LOAL–26 (Carrari Pond A), located approximately 4,000 feet west of the Project Area; one or two additional unnamed pond(

s) iden- tified in aerial photographs and located on the same property, in the vicinity of Pond–LOAL–26, and in a drainage more than 8,000 feet from the Project Area (Personal communication, Greg McGowan 2004); and Pond LOAL–27, located 7,000 feet to the west of the Project Area. The Permittee was not able to survey or assess ponds located on the Carrari property (the closest of which is located approximately 4,000 feet west of the Project Area).

Evidence from aerial photo- graphs and descriptions of the habitat from scientists at Levine Fricke indicate that potential breeding hab- itat for amphibian species, including California tiger salamander, is located on the Carrari property within three man–made ponds. (Personal communication, Greg McGowan 2004.) The Permittee obtained an ITP from the USFWS and is authorized to incidentally take California tiger salamander for a period of 15 years, commencing on August 18, 2022.

Biological goals and objectives have been developed to ensure that the operating conserva- tion program in the HCP is consistent with the con- servation and recovery goals for the California tiger salamander. The Project will require the use of heavy equipment (e.g., water truck, excavator, backhoe, loader, flatbed trailer) to complete construction. Anticipated incidental take associated with the Cov- ered Activities could include mortality to, or injury of, terrestrial adult or juvenile California tiger salaman- der associated with the removal of upland habitat.

In- dividual California tiger salamanders could be injured or killed as a result of being crushed while harboring in burrows if they are not detected during pre–activ- ity capture and relocation surveys. In addition, vehi- cle traffic has some potential to result in mortality of California tiger salamander. Finally, harassment from relocating California tiger salamander encountered within the Project Area may significantly disrupt nor- mal behavioral patterns, including breeding, feeding, or sheltering.

Take resulting from the Covered Activi- ties authorized under the ITP , consistent with the HCP , will be incidental to the otherwise lawful and permit- ted activities conducted by the Permittee. Potential impacts to California tiger salamander habitat from the Covered Activities have been quan- tified based on the best information that is reasonably available. During the 15–year period covered by the ITP , the cumulative take limits will be two Califor- nia tiger salamander found dead or injured and six California tiger salamander captured and relocated.

If the cumulative take limits are exceeded, the Per- mittee will immediately contact the USFWS’ Ventu- ra Field Office and the California Department of Fish and Wildlife (CDFW) to discuss the need for a permit amendment. Project activities that are likely to cause additional take will be suspended until the review is completed. The ITP also requires the Permittee to implement and adhere to measures contained within the HCP . On August 23, 2022, the Director of CDFW received a notice from the Permittee requesting a determina- tion pursuant to Fish and Game Code

section 2080.1 that the ITP and HCP are consistent with CESA for purposes of the Project and California tiger salaman- der. (Cal. Reg. Notice Register 20220, Number 36–Z, page 1037.) Determination CDFW has determined that the ITP , along with its accompanying HCP , is consistent with CESA as to the Project and California tiger salamander because the mitigation measures contained in the HCP and ITP

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1545 meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of CESA–listed species. Specifically, CDFW finds that: (1) take of California tiger salaman- der will be incidental to an otherwise lawful activity; (2) the mitigation measures identified in the ITP and HCP will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required avoidance, minimization, and mitigation measures and to monitor compliance with, and effectiveness of those measures; and (4) the Project will not jeopardize the continued existence of California tiger salamander.

The mitigation measures in the ITP and HCP include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1) Designated Representative. Before starting Covered Activities, Permittee shall designate a representative (Designated Representative) re- sponsible for communications with the USFWS and CDFW and overseeing compliance with the HCP , and ITP .

Permittee shall notify the USFWS and CDFW in writing before starting Covered Activities of the Designated Representative’s name, business address, and contact information, and shall notify the USFWS and CDFW in writ- ing if a substitute Designated Representative is selected or identified at any time during the term of the ITP . 2) Designated Biologist. Permittee shall submit to the USFWS, CDFW, and the County of Santa Barbara in writing the name, qualifications, busi- ness address, and contact information of a bio- logical monitor (Designated Biologist) before starting Covered Activities.

Permittee shall en- sure that the Designated Biologist is knowledge- able and experienced in the biology, natural his- tory, collecting and handling of California tiger salamander. The Designated Biologist shall be responsible for monitoring Covered Activities to help minimize and fully mitigate or avoid the incidental take of individual California ti- ger salamander and to minimize disturbance of California tiger salamander habitat.

Permittee shall obtain USFWS/CDFW/County approval of the Designated Biologist in writing before start- ing Covered Activities and shall also obtain ap- proval in advance in writing if the Designated Biologist must be changed. The Designated Biologist(

s) may be assisted by approved biolo- gists identified as Designated Monitors that have California tiger salamander experience but do not meet the qualifications to be a Designated Biologist. Designated Monitors shall be approved in writing by the USFWS, CDFW, and the County of Santa Barbara. 3) Designated Biologist Authority.

To ensure com- pliance with the Conditions of Approval of the ITP , the Designated Biologist and Designated Monitors shall have authority to immediately stop any activity that does not comply with the ITP , and/or to order any reasonable measure to avoid the unauthorized take of California tiger salamander. 4) Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work.

The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and gen- eral behavior of the California tiger salamander, information about the distribution and habitat needs of the California tiger salamander, sensi- tivity of the California tiger salamander to human activities, its status pursuant to CESA including legal protection, recovery efforts, penalties for vi- olations and Project–specific protective measures described in the ITP .

Permittee shall provide in- terpretation for non–English speaking workers and the same instruction shall be provided to any new workers before they are authorized to per- form work in the Project Area. Permittee shall prepare and distribute wallet–sized cards or a fact sheet handout containing this information for workers to carry in the Project Area. Upon com- pletion of the program, workers shall sign a form stating they attended the program and understand all protection measures. 5) Construction Monitoring Notebook.

The Designated Biologist shall maintain a construc- tion monitoring notebook on–site throughout the construction period, which shall include a copy of the ITP with attachments and a list of signatures of all personnel who have successfully complet- ed the education program. Permittee shall ensure a copy of the construction monitoring notebook is available for review at the Project site upon re- quest by the USFWS and CDFW . 6) Trash Abatement. Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project.

Permittee shall ensure that trash and food items are contained in ani- mal–proof containers and removed at least once a week to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. 7) Dust Control. Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of California

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1546 tiger salamander by the Designated Biologist. Permittee shall keep the amount of water used to the minimum amount needed and shall not allow water to form puddles. 8) Invasive Species Control. The spread of inva- sive species shall be prevented per the operations and maintenance

summary included in the Storm Water Quality Maintenance Plan attached to the HCP as Appendix E. 9) Erosion Control Materials. Permittee shall pro- hibit use of erosion control materials potentially harmful to California tiger salamander and oth- er species, such as monofilament netting (erosion control matting) or similar material, in potential California tiger salamander habitat. 10) Delineation of Property Boundaries. Before start- ing Covered Activities, Permittee shall clear- ly delineate the boundaries of the Project Area with fencing, stakes, or flags.

Permittee shall re- strict all Covered Activities to within the fenced, staked, or flagged areas. Permittee shall maintain all fencing, stakes, and flags until the completion of Covered Activities. 11) Delineation of Habitat. Permittee shall clearly delineate habitat of California tiger salamander within the Project Area with posted signs, post- ing stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of California tiger salamander habitat. 12) Project Access.

Project–related personnel shall access the Project Area using existing routes and shall not cross California tiger salamander habitat outside of or in route to the Project Area. Permittee shall restrict Project–related vehicle traffic to es- tablished roads, staging, and parking areas. If Permittee determines construction of routes for travel are necessary outside of the Project Area, the Designated Representative shall contact USFWS/CDFW for written approval before car- rying out such an activity.

USFWS/CDFW may require an amendment to the ITP , among oth- er reasons, if additional take of California tiger salamander will occur as a result of the Project modification. 13) Staging Areas. Permittee shall confine all Project–related parking, storage areas, laydown sites, equipment storage, and any other surface– disturbing activities to the Project Area using, to the extent possible, previously disturbed ar- eas.

Additionally, Permittee shall not use or cross California tiger salamander habitat outside of the marked Project Area unless provided for as de- scribed in HCP Measures 11 and 14. 14) Hazardous Waste. Permittee shall immedi - ately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for re- pair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so.

Permittee shall exclude the storage and handling of hazardous materials from the Project Area and shall properly contain and dispose of any unused or leftover hazardous products off–site. 15) USFWS/CDFW Access. Permittee shall provide USFWS and CDFW staff with reasonable access to the Project and shall otherwise fully cooper- ate with the USFWS’ and CDFW’s efforts to ver- ify compliance with or effectiveness of mitigation measures set forth in the ITP . 16) Refuse Removal.

Upon completion of Covered Activities, Permittee shall remove from the Project Area and properly dispose of all construc- tion refuse, including, but not limited to, broken equipment parts, wrapping material, cords, ca- bles, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes. 17) Flag Burrows. Prior to any ground distur- bance within the Project Area, the Designated Biologist(

s) shall flag all potential California tiger salamander refugia within 50 feet of the Project Area to alert biological and work crews to their presence. Where feasible, an avoidance buf- fer of 50 feet or greater around refugia shall be maintained. 18) Pre–construction Surveys.

Within 30 days pri- or to initial ground–disturbance activities, the Designated Biologist shall be present to perform pre–construction surveys for California tiger sal- amander, and shall remain on–site until tempo- rary exclusion fencing has been installed to pre- clude California tiger salamander from entering the work area in accordance with HCP Measure 29, clearance surveys have been completed in ac- cordance with HCP Measure 30, all burrows have been excavated in accordance with HCP Measure 31, and any California tiger salamander within the exclusion fence have been relocated pursuant to the Relocation Plan.

These surveys shall cover the existing access routes and the proposed con- struction Project work area(s), with a 50–foot buf- fer zone. 19) Temporary Exclusion Fencing. Prior to any sur- face disturbance, Permittee shall install tem- porary exclusion fencing (exclusion fence) around the perimeter of all project work area(s). Permittee shall install exclusion fencing to avoid California tiger salamander burrows, so that the burrows are isolated from the active work area when possible. The Designated Biologist shall ac- company the exclusion fence construction crew

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1547 to e nsure t hat C alifornia t iger s alamander a re n ot killed o r i njured d uring f ence i nstallation. A n a l- ternative e xclusion f ence d esign m ay b e u sed i f the U SFWS a nd C DFW h ave p rovided w ritten approval i n a dvance o f f ence i nstallation. T he e x- clusion f ence s hall b e s upported s ufficiently t o maintain i ts i ntegrity u nder a ll c onditions s uch a s wind a nd h eavy r ain f or t he d uration o f t he a c- tive c onstruction p eriod.

S ilt f encing s hall n ot b e used a s e xclusion f encing u nder t his r equirement; other ag ency–approved e xclusion f encing ( e.g., ERTEC–style f encing o r c omparable) w ill b e used. Permittee shall check the exclusion fence at least o nce w eekly a nd m aintain/repair t he f ence when necessary. 20) Clearance S urveys. P rior t o a ny g round d istur- bance w ithin t he P roject A rea, t he D esignated Biologist(

s) s hall e xamine t he p ortions o f t he Project A rea t o b e d isturbed f or s mall m ammal burrows a nd C alifornia t iger s alamander. T he survey s hall p rovide 1 00 p ercent c overage o f t he project l imits. A ny n ew s mall m ammal b urrows shall b e m arked w ith fl agging. A ny C alifornia t i- ger s alamander d etected w ithin t he P roject A rea shall b e r elocated a s p er a n a pproved R elocation Plan. 21) Burrow E xcavation.

A fter c onducting t he c lear- ance s urvey, a ll s mall m ammal b urrows p resent within t he p ortion o f t he P roject A rea t o b e d is- turbed o r t hat ca nnot b e a voided b y 5 0 f eet s hall be f ully e xcavated b y h and b y t he D esignated Biologist(s), a nd t hen c ollapsed. A ny l ive California t iger s alamander s alvaged d uring b ur- row e xcavation s hall b e r elocated a s p er a n a p- proved Relocation Plan. 22) California t iger s alamander i n t he P roject A rea.

If a ny C alifornia t iger s alamander is f ound i n the P roject A rea d uring C overed A ctivities, a ll work t hat c ould p otentially h arm t he C alifornia tiger s alamander s hall s top i mmediately u n- til t he D esignated B iologist(

s) ca n r elocate t he California t iger s alamander f ollowing t he U SWS– and C DFW–approved R elocation P lan o r i t l eaves the Project Area on its own accord. 23) Precipitation. P ermittee s hall r estrict C overed Activities t o p eriods o f l ow r ainfall ( less t han 1/2–inch p recipitation p er 2 4–hour p eriod). Permittee s hall m onitor t he N ational W eather Service ( NWS) 7 2–hour f orecast f or t he P roject Area. a.

If a 7 0 p ercent o r g reater c hance o f r ainfall is p redicted w ithin 2 4 h ours o f p roject a c- tivity, a D esignated B iologist s hall s urvey the p roject s ite b efore c onstruction b egins EACH d ay r ain is f orecast. I f P ermittee u ses a D esignated M onitor t o c onduct s urveys, a Designated B iologist m ust s till b e a vailable to ca pture a nd r elocate a ny C alifornia t iger salamander discovered during the surveys. b. If p recipitation b egins, t hen a D esignated Biologist s hall b e a t t he p roject s ite f or t he duration o f t he r ain e vent i n o rder f or w ork to c ontinue.

I f a D esignated M onitor is u sed, then a D esignated B iologist m ust s till b e o n call a nd a vailable t o r elocate a ny C alifornia tiger salamander discovered. c. If r ain e xceeds 1 /2 i nch d uring a 2 4–hour period, a ll C overed A ctivities s hall c ease until i t is n o l onger r aining, a nd n o f urther rain is forecast. 24) Construction H ours.

I n c ompliance w ith t he County o f S anta B arbara’s C ondition o f A pproval nu mber 31 , 2 Permittee shall limit construction ac- tivity f or s ite p reparation a nd f or f uture d evelop- ment t o t he h ours o f 7 a .m. t o 4 p .m., M onday through F riday. N o c onstruction s hall o ccur o n State H olidays ( e.g., T hanksgiving, C hristmas, 4th o f J uly, L abor D ay). C onstruction e quipment maintenance s hall b e l imited t o t he s ame h ours.

Non–noise g enerating c onstruction a ctivities (e.g., pa inting, l andscaping w ith h and t ools, et c.) are not subject to these restrictions. 25) Equipment I nspection. W orkers s hall i nspect f or California t iger s alamander u nder v ehicles a nd equipment b efore t he v ehicles a nd e quipment are m oved.

I f a C alifornia t iger s alamander is present, t he w orker s hall n otify t he D esignated Biologist a nd w ait f or t he C alifornia t iger s al- amander t o m ove u nimpeded t o a s afe l oca- tion o r t he D esignated B iologist s hall m ove t he California t iger s alamander o ut o f h arm’s w ay o ut- side o f t he P roject A rea a nd i n c ompliance w ith the a pproved R elocation P lan. T he D esignated Biologist s hall r elocate a ny C alifornia t iger s ala- mander o bserved w ithin t he t emporary e xclusion fence (Measure 29). 26) Stockpiles.

P ermittee s hall p lace s oil s tockpiles where s oil s hall n ot pa ss i nto p otential C alifornia tiger s alamander b reeding p ools; n or s hall i t pa ss into a ny o ther w aters o f t he s tate, i n a ccordance with F ish a nd G ame C ode se ction 5 650. P ermittee shall a ppropriately p rotect s tockpiles t o p revent soil erosion. 27) Daily E ntrapment I nspections.

P ermittee s hall e n- sure all trenches, holes, or other excavations with sidewalls s teeper t han a 1 :1 s lope is c overed w hen 2 The County of Santa Barbara’s Conditions of Approval are at- tached a s A ppendix A t o t he L egacy H omes T ract N umber 1 4608 Development P roject B iological R esources T echnical R eport, which is, in turn, attached to the HCP as Appendix B.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 52-Z 1548 to any actual or anticipated failure to imple- ment measures within the time periods indicat- ed in the ITP and/or the MMRP . The Designated Representative shall report any non–compliance with the ITP to the USFWS and CDFW within 24 hours. 4) Relocation Plan. The Designated Biologist shall prepare a California tiger salamander Relocation Plan and submit it to the USFWS and CDFW for approval prior to beginning Covered Activities.

The Relocation Plan shall include, but not be lim- ited to, identification of capture methods, han- dling methods, relocation methods, identifica- tion of relocation areas, and identification of a wildlife rehabilitation center or veterinary fa- cility. Covered Activities may not proceed un- til the USFWS and CDFW approve the reloca- tion plan in writing. Only approved Designated Biologist(

s) are authorized to capture and handle California tiger salamander. 5) Pre–construction Survey Report. The Designated Biologist shall submit a repo