Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 37-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW SEPTEMBER 15, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. EARTHQUAKE AUTHORITY Conflict–of–Interest Code — Notice File Number Z2023–0830–01 ........................................ 1181 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0905–11 ........................................ 1181 AMENDMENT MULTI–COUNTY: California Mental Health Services Authority Petaluma Schools STATE–AGENCY: California Public Employee’s Retirement System Department of FISCal ADOPTION MULTI–COUNTY: Los Vaqueros Reservoir Joint Powers Authority Pajaro River Flood Management Agency TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Settlement of Monetary Penalties — Notice File Number Z2023–0905–05 .................................. 1182 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Contributions to a Candidate — Notice File Number Z2023–0905–06 ..................................... 1184 TITLE 2. DEPARTMENT OF FISCAL Conflict–of–Interest Code — Notice File Number Z2023–0905–04 ........................................ 1185 TITLE 10. FILM COMMISSION California Soundstage Filming Tax Credit Program — Notice File Number Z2023–0905–01 ................... 1186 TITLE 13. HIGHWAY PATROL Explosive Stops — Notice File Number Z2023–0905–02 ................................................ 1189 (Continued on next page)

TITLE 16. STATE OPTOMETRY BOARD Fees — Notice File Number Z2023–0901–01 ......................................................... 1191 TITLE 22/MPP .

DEPARTMENT OF CHILD SUPPORT SERVICES Intergovernmental Cases — Notice File Number Z2023–0905–10 ......................................... 1194 GENERAL PUBLIC INTEREST AIR RESOURCES BOARD Notice of Date, Time, and Location of Executive Officer Hearing ......................................... 1197 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Improving the Structural Integrity of Beaver Dams and Naturally Occurring Log Jams in Mid French Creek, Tracking Number: 1653–2023–127–001–R1, Siskiyou County ................................................................................ 1198 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Lower Tryon Creek Fish Passage and Off Channel Habitat Project — Crossing 1, Tracking Number: 1653–2023–128–001–R1, Del Norte County ....................... 1199 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 1653–2023–126–001–R1, Middle Creek Salmonid Spawning Habitat Project, Shasta County .......................................................................... 1199 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Public Comment Period — Benson Ridge Facility ............................................. 1201 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Public Comment Period — Montezuma Hills Facility .......................................... 1202 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Public Comment Period — Panoche Facility ................................................. 1203 DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Public Comment Period — Vine Hill Complex ................................................ 1205 FISH AND GAME COMMISSION Notice of Final Consideration of Petition ............................................................ 1206

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 1207 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

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

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1181 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2. EARTHQUAKE AUTHORITY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the California Earthquake Authority, pursuant to the authority vest - ed in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on September 15, 2023 and closing on October 30, 2023. All inquiries should be directed to the contact listed below. The California Earthquake Authority proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include: remaining of the positions of Chief Administrative Officer, Chief Mitigation and Research Officer, Chief Risk and Actuarial Officer, Claim Manager, and Com- pliance Manager, adding the Chief Insurance Officer and also makes other technical changes. The proposed amendment and explanation of the reasons can be ob - tained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than October 30, 2023, or at the con- clusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is sched - uled. A person may request a hearing no later than October 15, 2023. The California Earthquake Authority has deter - mined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

Impose no costs on any local agency or school dis- trict that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Shannon McEuen California Earthquake Authority 801 K Street, Suite 1000 Sacramento, CA 95814 Phone: (916) 813–0852 Email: smceuen@calquake.com TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission (the 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 MULTI–COUNTY: California Mental Health Services Authority Petaluma Schools STATE AGENCY: California Public Employees’ Retirement System Department of FISCal ADOPTION MULTI–COUNTY: Los Vaqueros Reservoir Joint Powers Authority Pajaro River Flood Management Agency A written comment period has been established commencing on September 15, 2023 and closing on October 30, 2023.

Written comments should be direct- ed to the Fair Political Practices Commission, Atten - tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1182 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 October 30, 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, re - vise the proposed codes and approve them as re - vised, or return the proposed codes 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) 323–9103.

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) 323–9103. TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Po - litical Practices Commission (the “Commission” or “FPPC”), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or re - peal regulations in Title 2, Division 6 of the California Code of Regulations. The Commission will consider the proposed regulation at a public hearing on or after October 19, 2022, at the campus of California State University, Fresno, Leon S. Peters Ellipse Gallery, 5241 North Maple, Avenue, Fresno, California, com - mencing at approximately 10:00 a.m. Written com - ments should be received at the Commission offices no later than 5:00 p.m. on October 18, 2022.

BACKGROUND/OVERVIEW The Commission and staff are currently reviewing the Commission’s Collection Program and updating policies in accordance with the Commission’s direc - tion. In order to make the Collection Program more 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18110 through 18997 of Title 2 of the California Code of Regulations.

All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1183 effective moving forward and to address current out - standing collection matters, staff recommends clarify- ing the Executive Director’s authority to enter into a settlement agreement in full satisfaction of a monetary penalty order. This authority will enable the Executive Director to obtain payments in a cost–effective and timely manner.

The Commission has primary responsibility for the impartial, effective administration and implementa- tion of the Act. 2 (Section 83111.) In this capacity, the Commission has the authority to enforce the Act, and where warranted, initiate an administrative action to seek monetary penalties of up to $5,000 per violation. (Sections 83115.5, 83116(c), 91000.5.) Enforcement matters may be resolved by stipulation, a full hearing, default proceeding, or through settlement where the FPPC is a party within another agreement, and, where appropriate, include an Order for Monetary Penalties. 3 The proposed regulation applies only to orders for monetary penalties arising from a full hearing, default proceeding, or settlement involving the FPPC within another agreement. (Collection actions do not arise in matters resolved by stipulation because the respondent must pay the fine at the time of entering into the agree- ment.) The majority of collection matters result from default proceedings.

Commission’s Collection Program Monetary penalties due by a respondent (hereinafter “debtor”) that remain unpaid are an account receivable payable to the State’s General Fund.

It is the purpose of the Commission’s Collection Program to collect the penalties imposed by the Commission to achieve compliance with the Act, and deter non–compliance, as well as to collect debts due to the State as required by state law and administrative procedures. (See the Accounts Receivable Management Act (“ARMA”), Sections 16580–16586, Sections 12433–12438, and the State Administrative Manual (“SAM”), “Accounts Receivable,” provisions 8291–8296.) These laws and policies mandate that state agencies allocate collection resources with the highest priori - ty given to accounts with the highest expected return.

The SAM requires that an agency first send three “demand” letters at 30 day intervals, and if the debt remains unpaid, to then determine the most efficient and effective collection method using a cost benefit analysis and initiating one or more of the following to satisfy the debt: “offset” procedures with other state departments, court judgements and settlement agree - ments, or contracting with a state or private collections 2 All statutory references are to the Government Code, unless otherwise indicated. 3 See Regulation 18361.5, Administrative Hearings, 18361.5(f), Stipulated Orders, and Regulation 18361.11, Default Proceedings.

See also

Section 91001, Responsibility for Enforcement. agency.

For “uncollectible” debts, the state agency (but not the debtor) may be “discharged” from its duty to collect, if the State Controller’s Office approves the agency’s Application for Discharge from Accountabil- ity, form STD 27. 4 Proposed Regulation 18318: This regulation provides the Executive Director with the authority to enter into a settlement agreement on behalf of the Commission in full satisfaction of on order for monetary penalties where the following standards are met: the penalty order is final, the three demand letters have been sent, staff has made reason - able collection efforts, and the Executive Director de - termines that the settlement agreement is appropriate.

In making this determination, the Executive Direc - tor is to consider four factors: whether the settlement amount exceeds the amount likely to be collected within a reasonable time period; the debtor’s ability to satisfy the full debt or a greater amount within a reasonable time period given their income, assets, and prospects for either; the amount of the debt attribut - able to interest; and the severity and type of the vio - lation underlying the penalty assessment.

The regula - tion proposes defining “reasonable collection efforts” as staff seeking offsets from other state departments, and, where legally permissible, obtaining a judgement and pursuing an appropriate judgment enforcement method under the Code of Civil Procedure. REGULATORY ACTION Adopt 2 Cal. Code Regs.

Section 18318. Commission staff proposes Regulation 18318 for adoption. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issue identified above or any related issue. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. None. Fiscal Impact on State Government. None. Fiscal Impact on Federal Funding of State Pro - grams.

None. 4 The application must state the estimated cost of collection, col - lection efforts (letters issued, offset attempts, legal actions pur - sued), facts warranting the discharge (e.g., bankruptcy, statute of limitations, debtor deceased, or other factors) a statement that the debt is uncollectible, and the amount of the debt does not justify the cost of further collection actions.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1184 AUTHORITY

Section 83112 provides that the Fair Political Practices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE 83116 and 91013.5, Government Code. CONTACT Any inquiries should be made to L. Karen Harrison, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811; email: KHarrison@ FPPC.CA.Gov; telephone (916) 322–5660 or 1–866– ASK–FPPC. Proposed regulatory language can be accessed at http://www.fppc.ca.gov/the–law/fppc– regulations/proposed–regulations–and–notices.html . paign funds during the primary election for the same office. Upon the defeat of the candidate,

Section 85318 requires the candidate to return the funds to contribu - tors for the general election on a pro rata basis. While strict, the requirements of

Section 85318 serve the pur- pose of preventing candidates defeated in a primary election from circumventing the Act’s contribution limits by using general election funds raised during the primary election, which would otherwise exceed the primary election’s applicable contribution limits, for purposes unrelated to the general election. Sections 85306 and 85317 set forth parameters with- in which candidates are permitted to transfer and car - ryover funds from one committee to another.

Section 85306 permits candidates to “transfer campaign funds from one controlled committee to a controlled com - mittee for elective state, county, or city office of the same candidate.” Moreover,

Section 85306 requires candidates to attribute transferred contributions using either a “last in, first out” or “first in, first out” ac - counting method. Funds may not be transferred, if the funds attributed to a specific contributor exceed the contribution limits of

Section 85301 or 85302 when aggregated with all other transfers attributed to, and contributions from, the same contributor. Sections 85317 and 85318 of the Act address sce - narios for the return and transfer of campaign funds after an election. Regulation 18531.2, interpreting

Section 85318, requires a candidate to refund contri - butions raised for a general election if the candidate is defeated in the primary election, or withdraws from the general election. However, the regulation does not currently address refunding contributions when a can- didate chooses to withdraw from the primary election. Since winning the primary is a prerequisite to appear on the ballot in the general election, a candidate’s withdrawal from the primary election also effectuates a withdrawal from the general election for that office.

To address this issue, Commission staff recommends adding a provision to the regulation explicitly treat - ing withdrawal from the primary election in the same manner as defeat in the primary election or withdraw- al from the general election. Similarly, Regulation 18537.1 interpreting

Section 85317 concerns the “carry over” of campaign funds from a candidate–controlled committee to that can - didate’s committee for a subsequent election to the same office.

Section 85317 does not require attribution to specific contributors for the carry over of contri - butions after a general election. However, that

section presumes the candidate ran in the election, so it does not address the situation where a candidate is elected to office by receiving a majority of votes in the prima- ry election, without advancing to the general election. For certain, mostly local offices, a candidate that re - ceives a majority of the votes in a primary election TITLE 2. F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission (the Commission), under the authority vested in it under the Political Reform Act (the Act) 1 by

Section 83112 of the Government Code, proposes to adopt, amend, or repeal regulations in Title 2, Division 6 of the California Code of Reg - ulations. The Commission will consider the proposed regulation at a public hearing on or after October 19, 2023, at the campus of California State University, Fresno, Leon S. Peters Ellipse Gallery, 5241 North Maple, Avenue, Fresno, California, commencing at approximately 10:00 a.m. Written comments should be received at the Commission offices no later than 5:00 p.m. on October 17, 2023.

BACKGROUND/OVERVIEW The express purposes of the Act, set forth in Sec - tions 81001 and 81002, include reducing the influence of large campaign contributors, abolishing laws and practices that unfairly favor incumbents, and promot - ing fair elections. The Act imposes contribution limits in furtherance of these purposes.

Section 85318 permits a candidate for elective state, county, or city office to raise general election cam - 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sec - tions 18104 through 18998 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1185 wins the office and does not run in the general election. To address this issue, Commission staff has identified three possible options for implementing existing re - quirements in circumstances where a general election is not required. REGULATORY ACTION The Commission may review and consider all as - pects of the refunding of general election contribu - tions regulation, including, but not limited to, the adoption of regulatory language requiring the refund of contributions when a candidate chooses to with - draw from the primary election.

The Commission may also consider all aspects of the regulation establishing rules for the carry over of campaign funds when a candidate is elected to office at the primary election without advancing to the general election, including the three proposed options outlined below. While the Commission may review and consider any aspect of Regulations 18531.2 and 18537.1, it is anticipated that the Commission will specifically consider each of the following proposals made by Commission staff: Regulation 18531.2 Amend 2 Cal. Code Regs.

Section 18531.2 subdivi - sion (

a) to add the requirement that a candidate who withdraws from the primary or special primary elec - tion must return contributions raised for the general election. Regulation 18537.1 (Option 1) Amend 2 Cal. Code Regs.

Section 18537.1 subdivision (

d) to add the requirement that if a candi - date receives a majority of the votes cast for an office at the primary election, so that the candidate is elected to the office without advancing to the general election, the remaining campaign funds may be transferred to a committee for a subsequent election to the same office without attributing funds to specific contributors. (Option 2) Amend 2 Cal. Code Regs.

Section 18537.1 subdivision (

d) to add the requirement that if a candi - date receives a majority of the votes cast for an office at the primary election, so that the candidate is elected to the office without advancing to the general election, the remaining campaign funds may be transferred to a committee for a subsequent election to the same of - fice without attributing funds to specific contributors. Funds raised for the general election transferred to a committee for a subsequent election to the same office shall be attributed to specific contributors as provided in

Section 85306 and Regulation 18536. (Option 3) Amend 2 Cal. Code Regs.

Section 18537.1 subdivision (

d) to add the requirement that if a candi - date receives a majority of the votes cast for an office at the primary election, so that the candidate is elected to the office without advancing to the general election, the remaining campaign funds may be transferred to a committee for a subsequent election to the same office without attribution, while funds raised for the gener - al election must be refunded under

Section 85318 and Regulation 18531.2. SCOPE The Commission may adopt the language noticed herein, or it may choose new language to implement its decisions concerning the issues identified above or any related issues. FISCAL IMPACT STATEMENT Fiscal Impact on Local Government. This regula - tion will have no fiscal impact on any local entity or program. Fiscal Impact on State Government. This regula - tion will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Pro - grams. This regulation will have no fiscal impact on the federal funding of any state program or entity. AUTHORITY

Section 83112 provides that the Fair Political Prac - tices Commission may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Act. REFERENCE The purpose of this regulation is to implement, in - terpret, and make specific Government Code Sections 85306, 85317, and 85318. CONTACT Any inquiries should be made to Zachary Norton, Fair Political Practices Commission, 1102 Q Street, Suite 3050, Sacramento, CA 95811; telephone (916) 322–5660 or 1–866–ASK–FPPC.

Proposed regulatory language can be accessed at http://www.fppc.ca.gov/ the–law/fppc–regulations/proposed–regulations– and–notices.html. TITLE 2. DEPARTMENT OF FISCAL NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Department of FISCal, pursuant to the authority vested in it by sec- tion 87306 of the Government Code, proposes amend- ment to its conflict–of–interest code. A comment pe -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1186 riod has been established commencing on September 15, 2023 and closing on November 1, 2023. All inqui- ries should be directed to the contact listed below. The Department of FISCal proposes to amend its conflict–of–interest code to include employee posi - tions that involve the making or participation in the making of decisions that may foreseeably have a ma - terial effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.

Changes to the conflict–of–interest code include: ● Removed Accounting Administrator I from FIS - Cal designated classifications list. ● Removed Associate Accounting Analyst from FISCal designated classifications list. ● Amended Attorney III disclosure categories to remove categories 2 and 3, and add categories 1 and 4. ● Removed Consultants providing IT services from FISCal designated classifications list. ● Added Consultants/New Positions to FISCal des- ignated classifications list. ● Removed Partner Business Executive from FIS - Cal designated classifications list. ● Added Equal Employment Officer to FISCal des- ignated classifications list. ● Removed Steering Committee Members from FISCal designated classifications list.

The proposed amendment and explanation of the reasons can be obtained from the agency’s contact. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than November 1, 2023, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than October 17, 2023. The Department of FISCal has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3.

Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Peter Vu, Attorney, (916) 926–7604, Peter.vu@fiscal.ca.gov TITLE 10. FILM COMMISSION CALIFORNIA SOUNDSTAGE FILMING TAX CREDIT PROGRAM

CHAPTER 7.75,

ARTICLE 4, SECTIONS 5530–5541 Notice is hereby given that the California Film Commission (CFC) proposes to amend the regulations described below after considering all comments, ob - jections and recommendations regarding the proposed action. PROPOSED REGULATORY ACTION The CFC proposes to amend sections 5530 through 5541 in

Article 4 of

Chapter 7.75 of Title 10 of the Cal- ifornia Code of Regulations in order to implement, in- terpret and make specific Revenue and Taxation Code sections 17053.98, 17053.99, and 23698 relating to a film and television tax credit program. No public hearing is scheduled; however, any inter- ested person or their duly authorized representative may request a public hearing no later than fifteen (15) days prior to the close of the public comment period.

WRITTEN COMMENT PERIOD Any interested person, or their authorized repre - sentative, may submit written comments relevant to the proposed regulatory action to the Agency. Written comments will be accepted by the Agency until 5:00 p.m. on October 31, 2023. Submit comments to: Name: Hedvig Marx Address: California Film Commission 7080 Hollywood Boulevard Hollywood, CA 90028 Email: Soundstagelncentive@film.ca.gov AUTHORITY AND REFERENCE The proposed regulation will be adopted under the authority of Government Code

section 11152, and Rev- enue and Taxation Code sections 17053.98(k)(10) and 23698(k)(10). The proposed regulation implements, interprets, and makes specific Revenue and Taxation Code sections 17053.98, 17053.99 and 23698.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1187 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Film Commission (CFC) proposes to amend sections 5530, 5531, 5532, 5533, 5534, 5535, 5536, 5537, 5538, 5539, 5540, and 5541 of

Article 4 of

Chapter 7.75 of Title 10 of the California Code of Reg- ulations. The regulations outline a procedure for allo - cating tax credits to qualified taxpayers in the motion picture industry and the proposed amendments align that procedure with statutory changes and/or provide necessary additional clarity to applicants.

Summary of Related Existing Laws and Regulations: In 2021, the Legislature and Administration ap - proved Senate Bill (SB) 144 (Chapter 114, Stat. 2021), as modified by Assembly Bill (AB) 176 (Chapter 256, Stat. 2021), which among other things, created the new California Soundstage Filming Tax Credit Program, applicable to taxable years beginning on or after Jan - uary 1, 2022, and before January 1, 2032. Permanent regulations for the California Soundstage Filming Tax credit program were adopted on February 15, 2023, as

Article 4 of

Chapter 7.75 of Title 10 of the Califor- nia Code of Regulations. These regulations provided a program to the motion picture industry allocating tax credits for qualified motion pictures. In July 2023, SB 132 (Chapter 56, Stat. 2023) amended subdivision (

k) of sections 17053.98 and 23698 of the Revenue and Taxation Code, which details the requirements of this Program. These statutory amendments necessitate regulatory amendments to ensure that the Program is aligned with statute. Existing law also provides for a similar program, the California Film and Television Program 3.0 (Pro - gram 3.0), allocating tax credits to qualified taxpayers in the motion picture industry until June 30, 2025. The provisions in the existing program, outlined in

Article 3 of

Chapter 7.75 of Title 10 of the California Code of Regulations, provide for applicants to file a written application for the allocation of the tax credit and for the CFC to establish criteria for allocating tax cred - its, determine and designate applicants who meet the requirements to apply for the tax credit, and issue the credit certificate to the qualified taxpayer upon com - pletion of an eligible and approved qualified motion picture. Program 3.0 does not contain any provisions to incentivize the construction or renovation of sound- stages in the state.

Broad Objectives and Anticipated Benefits of the Proposed Regulations: The California Soundstage Filming Tax Credit Program, implemented through

Article 4 of

Chapter 7.75 of Title 10 of the California Code of Regulations, encourages production companies regardless of dis - tribution outlet to film in California instead of other states, provinces, and countries offering incentives. The Program is structured to encourage job creation, in–state infrastructure growth, motion picture indus - try diversity, training opportunities for disadvantaged youth, as well as skilled and trained construction la - bor, and to increase and retain motion picture produc- tion in California.

The proposed amendments to the previously adopted California Soundstage Filming Tax Credit Program regulations align the regulations with recent statutory changes and clarify the specific processes necessary for Program implementation, en - abling the state to successfully operate the Program and realize its benefits.

The objective of these amend- ments is to ensure that the Program regulations are fully consistent with statute, as well as to ensure that Program processes and requirements are detailed and clear so that applicants can understand and utilize the Program as intended, and so that the CFC is better able to administer the program fairly and consistently.

Consistency and Compatibility with Existing State Regulations: During the process of developing these regulations, the CFC has conducted a search of any similar regula- tions on this topic and has concluded that these regu - lations are neither inconsistent nor incompatible with existing state regulations. The CFC has endeavored to ensure that these regulatory amendments comply with the non–duplication standard found in Title 1, California Code of Regulations.

In some instances, the amended regulations duplicate California statute in part where the statute is cited as “authority” or “reference” for the proposed regulation and the dupli- cation or overlap is necessary to satisfy the “clarity” standard of Government Code

section 11349.1(a)(3). This duplication aids the regulated public in gaining a comprehensive understanding of the relevant provi - sions of this specific program as the sections of statute that govern the program are lengthy and complex, and also include provisions relevant to other programs.

In addition, in some cases, certain related process com - ponents are outlined in separate parts of the governing sections, making it necessary for the CFC to incorpo - rate these components in a process–structured manner within the regulations in order for the public to be able to follow complete process requirements from start to finish.

ESTIMATES OF ECONOMIC IMPACT The California Film Commission has made the fol - lowing determinations: ● Mandate on local agencies and school districts: None. ● Cost or savings to any state agency: None. ● Cost to any local agency or school district which must be reimbursed in accordance with

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1188 Government Code sections 17500 through 17630: None. ● Other nondiscretionary cost or savings imposed on local agencies: None. ● Cost or savings in federal funding to the state: None. ● Significant effect on housing costs: None. ● Significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with busi - nesses in other states: None. ● Potential cost impact on representative person or businesses: 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.

EFFECT ON SMALL BUSINESS The California Film Commission has determined that the proposed regulations will not directly affect small businesses. The businesses that may elect to participate in the Soundstage Filming Tax Credit Pro- gram and in such cases will be complying with these regulations are film production companies or sound - stage developers and are as such not small business - es, as defined in

section 11342.610 of the Government Code. Small businesses in California may, however, provide goods and services to the businesses electing to comply with these regulations and thus benefit from the additional filming in California. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT Pursuant to clause (iii) of subparagraph (

C) of para- graph (10) of subdivision (

k) of sections 17053.98 and 23698 of the Revenue and Taxation Code, the CFC is not required to provide an economic impact analysis. Due to the nature of tax credit incentives in relation to economic impact, the CFC has been exempted from the economic impact analysis throughout the exis - tence of the California Film and Television Tax Cred- it Programs in all iterations; this exemption for the Soundstage Filming Tax Credit Program is consistent with previous practice.

It is worth noting that the Soundstage Filming Tax Credit Program is optional and only applies to entities who elect to participate, and further, that the parame - ters and functions of a tax credit program such as this ensures that any participating entities will contribute to a positive economic impact on the state, its existing businesses, and opportunities for prospective busi - nesses, as credits are allocated based on percentages of actual in–state spending for labor, goods, and ser - vices.

The Program is enabling California to increase the number of productions and therefore, jobs and dol- lars spent in state. In addition, the Soundstage Filming Tax Credit Program specifically benefits skilled and trained construction labor by incentivizing construc - tion and renovation of soundstages within the state, subject to workforce requirements; this contributes to safe working conditions as well as job creation.

The California Soundstage Filming Tax Credit Program further benefits the wellbeing of Californians by pro - moting intentionally diverse motion picture produc - tion, providing motion picture production training opportunities for disadvantaged youth, and preventing motion picture production migration to other states and countries with fewer civil rights and protections for the workers on those productions.

REASONABLE ALTERNATIVES CONSIDERED The California Film Commission must determine that no reasonable alternative considered by the Com- mission or that has otherwise been identified and brought to the attention of the Board would be more effective in carrying out the purpose for which the ac- tion is proposed or would be as effective as and less burdensome to affected private persons than the pro - posed action, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

CONTACT PERSON Inquiries concerning the proposed action may be directed to: Name: Nancy Rae Stone Email: Nancy.Stone@film.ca.gov Phone Number: (323) 860–2960 The backup contact person for these inquiries is: Name: Hedvig Marx Email: Hedvig.Marx@film.ca.gov Phone Number: (323) 817–4115 or (310) 290–6501 Questions on the substance of the proposed regula - tions may be directed to: Name: Hedvig Marx Email: Soundstagelncentive@film.ca.gov Phone Number: (323) 817–4115 or (310) 290–6501 AVAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the forty–five (45) day public comment period, the CFC may adopt the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1189 regulation. As a result of public comments, either oral or written, that are received by the CFC regarding this proposal, the CFC may determine that changes to the proposed regulation are appropriate. If the CFC makes modifications that are sufficiently related to the orig - inally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the CFC adopts the regulations as revised.

The CFC will provide notifi - cation of any such modifications to all persons whose comments were received during the public comment period, all persons whose comments (written or oral) were received at the public hearing (if one is held) and all persons who requested notice of such modi - fications. Otherwise, please send requests for copies of any modified regulations to the attention of Hedvig Marx at the above email address. The CFC will accept written comments on the modified regulations for 15 days after the date on which they are made available.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF THE PROPOSED REGULATIONS The CFC has established a rulemaking file for this regulatory action, which contains those items re - quired by law. The file is available for inspection at the California Film Commission, 7080 Hollywood Boulevard, Suite 900, Hollywood, California during normal business working hours (9 a.m.–5 p.m.). Please contact Hedvig Marx at the above email address to ar- range a date and time to inspect the files.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons and the proposed text of the regulations. Copies of these items are available, upon request, from the Contact Person designated in this Notice. AVAILABILITY OF FINAL STATEMENT OF REASONS The CFC is required to prepare a Final Statement of Reasons. Once the CFC has prepared a Final State- ment of Reasons, a copy will be made available to any- one who requests a copy. Requests for copies should be addressed to the Contact Person identified in this Notice.

OFFICE INTERNET WEBSITE The Office maintains an Internet website for the electronic publication and distribution of written ma - terial. Copies of the Notice of Proposed Action, the Initial Statement of Reasons and the text of the regu - lations can be accessed through our website at: www. film.ca.gov TITLE 13. HIGHWAY PATROL AMEND SECTIONS 1151.9 AND 1153 EXPLOSIVES STOPS (CHP–R–2023–06202) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations (CCR), Division 2,

Chapter 6,

Article 1,

Section 1151.9, Routes — Map 9, and

Section 1153, Safe Stopping and Parking Places, related to the des - ignation of safe stopping places, safe parking places, inspection stops, and required inspection stops for commercial vehicles transporting explosives on high - ways in the state. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to

Section 31616, Designation of Routes, of the California Vehicle Code (CVC), the CHP shall prescribe, by regulation, a list of safe stopping places and maps of the designated routes for commercial ve - hicles transporting explosives on the highways. Sec - tion 31616 CVC further requires the CHP to revise the list and maps, and keep them current. The proposed amendments will update the list of safe stopping plac- es and Map 9 in the regulations. The CHP’s field commands conduct annual surveys of the explosives routes and safe stopping places to determine if changes are necessary.

The CHP field commands inspected the locations of business estab - lishments serving as safe stopping or parking places. Business owners expressed their willingness to pro - vide their business location and service information in the CCR by signing the CHP 114, Designation as Safe Stopping Place, or CHP 114A, Designation as Safe Parking Place. The proposed amendments will update the list of safe stopping places and Map 9 to be used by carri - ers transporting explosives along the designated ex - plosives routes.

These updates are due to permissions received or denied, or a change of business informa - tion or ownership. The CHP has received concurrence with the proposed regulation amendments from the State Fire Marshal. This proposed regulatory action will continue to pro- vide a nonmonetary benefit by protecting the health, safety, and welfare of California’s residents, workers, and environment. The changes to the application of the regulation are not substantive and bring the regulation

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1190 in conformance with existing statute. The proposed changes update and clarify the safe stops designated for carriers transporting explosives, and contribute to transportation safety and public health. During the process of developing these regulations and amendments, the CHP has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent, nor in - compatible, with existing federal and state regulations.

PUBLIC COMMENT Any interested person may submit written com - ments on the proposed action via fax, at (916) 322– 3154, by Email to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Sergeant Adam Roha P.O. Box 942898 Sacramento, CA 94298–0001 Written comments must be received by November 1, 2023. PUBLIC HEARINGS No public hearing has been scheduled. If any per - son desires a public hearing, a written request must be received by the CHP, Commercial Vehicle

Section (CVS), no later than 15 days prior to the close of the written comment period. AVAILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory ac - tion, the information upon which this action is based, and the proposed regulation text in strikeout and un - derline format. Requests to review or receive copies of this information should be directed to the CHP either at the above address, by fax, at (916) 322–3154, or by calling the CHP, CVS, at (916) 843–3400.

All requests for information should include the following: the ti - tle of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone number in case the in- formation is incomplete or illegible. The rulemaking file is available for inspection. In - terested parties are advised to call CHP, CVS, for an appointment. All documents regarding the proposed action are available through the CHP’s Website at https://www. chp.ca.gov/News–Alerts/Regulatory–Actions.

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

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

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

Benefits of the Proposed Action: The proposed reg- ulations updating the safe stopping places, safe park - ing places, inspection stops, and required inspection stops designated for carriers transporting explosives will continue to provide benefits, including the non - monetary benefit of protecting public health and the safety of residents, workers, and the environment by providing a regulatory basis for enforcement efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1191 COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a representative, private person, or business would nec - essarily incur in reasonable compliance with the pro - posed action. EFFECT ON SMALL BUSINESSES The CHP has determined the proposed regulatory action may affect small businesses. If a business can no longer meet the requirements for safety, they will be deleted from the list of safe stopping and safe park- ing places.

However, due to the very limited number of commercial vehicles transporting explosives on the designated routes in the state, no foreseeable econom- ic impact is projected for a small business if it were to be removed from the list. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine that no reasonable alternative considered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.

The CHP invites interested parties to present statements or ar - guments with respect to alternatives to the proposed regulations during the written comment period. AUTHORITY This regulatory action is being taken pursuant to

Section 31616, CVC. REFERENCE This action implements, interprets, or makes specif- ic Sections 31303, 31304, 31601, 31602, 31607, 31611, 31614, and 31616, CVC. TITLE 16. STATE OPTOMETRY BOARD DIVISION 13.5 AND DIVISION 15 NOTICE OF PROPOSED REGULATORY ACTION CONCERNING: FEES NOTICE IS HEREBY GIVEN that the California State Board of Optometry (CSBO or Board) is pro - posing to take the action described in the Informative Digest below, after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or the interested person’s authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request, in writing, addressed to the individuals listed under “Contact Person” in this Notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail or email to the address - es listed under “Contact Person” in this Notice, must be received by the Board at its office no later than 5:00 p.m. by Tuesday, October 31, 2023, or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 2565, 2566, 2566.1, and 3152 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC sections 2565, 2566, 2566.1, and 3152, the Board is considering amending sections 1399.260, 1399.261, and 1399.263 of title 16 and

section 1524 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California State Board of Optometry is a li - censing board within the Department of Consumer Affairs. The Board regulates licensed optometrists, registered dispensing ophthalmic businesses, regis - tered spectacle lens dispensers, and registered contact lens dispensers. California Business and Professions

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1192 Code (BPC)

section 3010.1 states that protection of the public shall be the highest priority for the Board in exercising its licensing, regulatory, and disciplinary functions. Sections 3021 and 3025 of the BPC autho - rize the Board to adopt regulations as may be neces - sary to enable the Board to effectuate the practice of optometry and opticianry. BPC 3145 establishes the Optometry Fund (Fund) and requires all fees deposited in the Fund and made available to the Board upon appropriation by the Leg- islature. BPC

section 2567 requires all fees collected from the opticianry program to be deposited in the Fund and available to the Board upon appropriation. BPC sections 2565, 2566, 2566.1 authorize the Board to set fees by regulation and sets forth the min - imum and maximum fee ranges for application, initial registration, renewal, and delinquency for registered dispensing ophthalmic businesses, registered contact lens dispensers, and registered spectacle lens dispens- ers (collectively, opticianry). BPC

section 3152 autho- rizes the Board to set fees by regulation and sets forth the minimum and maximum fee ranges for renewal for optometrists, and other miscellaneous fees such as application for continuing education course approval, and certain certifications. The Board is seeking to increase the fees charged for application, initial registration, and renewal, and set the delinquency fee for opticianry applicants and seeking to increase the fees charged for renewal for optometry applicants, and miscellaneous fees asso - ciated with certifications and continuing education course approval.

The fee increases are necessary to help alleviate the structural imbalance the Board cur - rently faces and thus ensure the Board can meet its consumer protection goals. Anticipated Benefits of Proposal This regulatory proposal seeks to make amend - ments to the Board’s fee schedule, which will help to reduce the Board’s structural budget imbalance and to maintain a sufficient fund balance reserve until the Board can increase statutory fee levels to eliminate the structural imbalance. The amendments will help to ensure the Board has sufficient funding to meet its consumer protection mandate and goals.

The Board has historically been able to operate within its existing budget. However, due primarily to recent increased licensing and enforcement workload and costs, the Board Members began considering op - tions to stabilize the Board’s budget at the August 25, 2022, Board meeting and voted unanimously to ap - prove the proposed regulations at its May 12, 2023, Board meeting. Immediate action to increase the regulatory fees collected by the Board is required.

The fee increases will bolster the Board’s revenues and funding avail - able to continue the Board’s daily functions, enforce - ment, and licensing operations without interruptions. If this regulatory proposal is not adopted, the Board may need to restrict its core operations, including slowing its ability to process applications, restricting investigations, and limiting the Board’s ability to ad - judicate violations of the laws of optometry and opti - cianry in an expedient manner.

These restrictions to the operational functions of the Board could result in licensing backlogs and com- promise the Board’s ability to achieve its mission and statutory mandate of consumer protection. This regulatory proposal will benefit the health and welfare of California residents because the pro - posal will increase the Board’s revenue and funding available to continue the Board’s enforcement, inves- tigative, licensing, examination, and public outreach operations.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing this regulatory proposal, the Board conducted a search of any simi - lar regulations on these topics and has concluded that these regulations are neither inconsistent nor incom - patible with existing state regulations. INCORPORATION BY REFERENCE There are no forms or documents incorporated by reference.

DISCLOSURES REGARDING THIS PROPOSED ACTION The Board has made the following initial determinations: 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 Board estimates the proposed regulations will increase revenues by approximately $597,000 per year and help to reduce the structural imbalance. Because the Board currently charges the fees in this proposal and/or performs workload associated with these programs and fees, no additional workload and costs are anticipated.

The Board estimates one–time information tech - nology (IT) costs of $3,000 to update cashiering and accounting software. Any IT costs will be absorbed within existing resources. Nondiscretionary Costs/Savings to Local Agen - cies: None.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1193 Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Re- quire Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard) None.

BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business The proposed regulations increase fees in

section 1399.260 as follows: Registered Dispensing Ophthalmic (business): ● Initial Application: Current $150; Proposed $200 ● Initial Registration: Current $200; Proposed $300 ● Biennial Renewal: Current $200; Proposed $300 The proposed regulations increase fees in

section 1399.261 as follows: Contact Lens Dispenser: ● Initial Application: Current $150; Proposed $200 ● Initial Registration: Current $200; Proposed $300 ● Biennial Renewal: Current $200; Proposed $300 The proposed regulations increase fees in

section 1399.263 as follows: Spectacle Lens Dispenser: ● Initial Application: Current $150; Proposed $200 ● Initial Registration: Current $200; Proposed $300 ● Biennial Renewal: Current $200; Proposed $300 The proposed regulations increase fees in

section 1524 as follows: Optometrist: ● Biennial Renewal: Current $425; Proposed $500 Application (various): ● Continuing Education Course Approval: Current $50; Proposed $100 ● Glaucoma Certificate: Current $35; Proposed $50 ● Lacrimal Irrigation & Dilation Certificate: Cur - rent $25; Proposed $50 RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California because the proposed fees are anticipat - ed to have minimal impact on businesses because the incremental fee increase is negligible compared to the average salary of licensees.

Benefits of Regulation: This regulatory proposal will benefit the health and welfare of California residents because the pro - posal will increase the Board’s revenue and funding available to continue the Board’s enforcement, inves- tigative, licensing, examination, and public outreach operations. The proposal is not anticipated to benefit worker safety or the state’s environment. Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board.

Effect on Small Business The Board has determined that the proposed regu - lations may affect small businesses because this pro - posal will increase fees for individual licenses. The corporate practice of optometry is not prohibited, but is limited to owning only 11 locations, and some busi- nesses may pay for or recoup the license fees of indi - vidual employees. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No- tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may submit comments to the Board in writing relevant to the above determinations at 2450 Del Paso Road, Suite 105, Sacramento, CA, 95834 during the written comment period, or at the hearing if one is scheduled or requested. AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1194 tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice. TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board, at 2450 Del Paso Road, Suite 105, Sacramento, CA 95834.

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

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the person designat - ed in this Notice as the Contact Person and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

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

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Gregory Pruden Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 916–574–7808 Email Address: Gregory.Pruden@dca.ca.gov The backup contact person is: Name: Jonathan Gasca Address: California State Board of Optometry 2450 Del Paso Road, Suite 105 Sacramento, CA 95834 Telephone Number: 916–244–6660 Email Address: Jonathan.Gasca@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications noted, as well as the Final State - ment of Reasons when completed, and modified text, if any, can be accessed through the Board’s website at https://optometry.ca.gov/lawsregs/propregs.shtml.

TITLE 22/MPP. DEPARTMENT OF CHILD SUPPORT SERVICES INTERGOVERNMENTAL CASES NOTICE IS HEREBY GIVEN that pursuant to the requirements of Government Code

section 11346.8(c), and

section 44 of title 1 of the California Code of Reg- ulations (CCR), the California Department of Child Support Services (Department) hereby provides no - tice of modifications made to proposed regulation sections 110132, 110192, 110196, 110268, 110296, 110307, 110430, 110446, 110450, 110466, 110590, 110594, 110654, 110710, 110794, 113100, 115510, 116100, 117200, 117300, 117301, 117302, 117303, 117400, 117401, 117402, 117405, 117500, 117501, 117503, 117600, and 118203 of title 22 of the CCR, the proposed adoption of sections 110146, 110198, 110860, 117000, and 117700 of title 22 of the CCR, the proposed repeal of sections 110375, 110422, 110474, 110478, 110518, 110730, 110734, 110758, 110762, 110858, 117403, 117404, 117406, 117407, 117502, and 117504 of title 22 of the CCR, the proposed modifica- tions to sections 12–101.3(

i) and 12–701 of Chapters 12–100 and 12–700 in the Manual of Policies and Pro- cedures (MPP), and the proposed repeal of sections 12–101.3(c)(1), 12–101.3(q)(1), 12–701(i)(4), 12–701(r) (1), and 12–701(r)(2) of Chapters 12–100 and 12–700 in the MPP. The text with proposed modifications in - dicated in underline and strikethrough, is attached to this notice. PUBLIC HEARING The Department has not scheduled a public hear - ing on this proposed action. However, the Department

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1195 will hold a hearing if it receives a written request for a public hearing from any interested person, or their authorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Written comments, including those sent by mail, facsimile, or email to the address listed under Contact Persons in this Notice, must be received by the De - partment at its office no later than October 30, 2023, or must be received by the Department at the hearing, should one be scheduled.

When commenting, please indicate the proposed rulemaking action to which your comment refers. AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 17306, 17310, and 17312 of the Family Code (FC), and to implement, interpret or make specific sections 5206, 5216, 5246, 5604, 5700.101 et seq., and 17212 of said Code; 45 Code of Federal Regulations sections 301.1, 303.2 and 303.7; Welfare and Institutions Code

section 1147.8; Code of Civil Procedure

section 706.011(a); and 28 United States Code,

section 1738B.

SUMMARY OF EXISTING LAWS AND EFFECT OF THE PROPOSED ACTION In 2014 Congress enacted Public Law 113–183, the Preventing Sex Trafficking and Strengthening Fami - lies Act, which amended the Social Security Act to ensure access to IV–D services for international cas - es.

It also required states, as a condition of receiving federal funds, to enact the Uniform Interstate Family Support Act (UIFSA 2008) as “officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws.” UIFSA 2008 added international provisions to be consistent with the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, a treaty the United States became a par- ty of. This treaty was ratified by the United States on August 31, 2016, and the effective date in the United States was January 1, 2017.

In 2015 the California legislature enacted Sen - ate Bill (SB) 646 (Jackson,

Chapter 493, Statutes of 2015), which repealed

Chapter 6 (commencing with

section 4900) of FC to remove codified versions of UIFSA 1996 and UIFSA 2001. SB 646 added sections 5700.101–5700.905 to the FC to codify UIFSA 2008 provisions as required by Public Law 113–183. These proposed regulations aim to conform to SB 646 (Jackson,

Chapter 493, Statutes of 2015), codified in FC sections 5700.101 et seq., and to clarify policies for intergovernmental child support cases. Existing intergovernmental regulations are in

chapter 7, divi - sion 13, title 22 of the California Code of Regulations (CCR) and terms are defined in

chapter 1, division 13, title 22 of the CCR.

The proposed regulations do the following: define new terms and repeal terms which are already defined in governing statutes; clarify the ruling jurisdiction in intergovernmental cases; spec - ify intergovernmental forms; define requirements for long arm jurisdiction; clarify continuing, exclusive ju- risdiction determinations; define duration of support; clarify interest calculation on arrears; explain recon - ciling multiple support orders; define limited inter - governmental services; clarify general requirements, timeframes, and paternity as an initiating or respond - ing jurisdiction; define disclosure of information re - quirements; clarify direct income withholding orders; and specify registration of support orders.

These proposed regulations are necessary to imple - ment state and federal law for the administration of both the state and federal child support program. ANTICIPATED BENEFITS OF PROPOSAL This regulatory action will benefit custodial par - ties in child support cases because it will increase the collection of payments for interstate and internation - al child support cases. This will be accomplished by clarifying the requirements related to handling inter - governmental cases and to the continuing, exclusive jurisdiction of these cases.

This regulatory action will increase the protection, health, and safety of families and children by clarifying disclosure requirements for intergovernmental cases. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Department has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsis - tent nor incompatible with existing state and federal regulations.

UPDATED FORMS PREVIOUSLY CITED AND INCORPORATED BY REFERENCE ● Affidavit of Non–Disclosure, DCSS 0722 (Rev. 08/20/2023) ● Application for Non Title IV–D Locate Services, DCSS 0073 (Rev. 08/20/2023) ● Affidavit of Non–Disclosure Cover Letter, DCSS 0758 (Rev. 08/20/2023)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1196 FISCAL IMPACT ESTIMATES The Department has made the following initial determinations: Fiscal Impact on Public Agencies, Including Costs or Savings to State Agencies: None. Cost or Savings in Federal Funding to the State : None. Nondiscretionary Costs/Savings to Local Agencies : None. Mandate on Local Agencies or School Districts : None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Re - quire Reimbursement: None.

Business Impact: The Department has made the ini- tial determination that the proposed regulatory action would have no significant statewide adverse econom - ic impact directly affecting businesses, including the ability of California businesses to compete with busi - nesses in other states. This initial determination was made based on state and federal statutes that estab - lished the child support program. The proposed regu - latory action does not have an effect on any businesses.

Cost Impact on Representative Private Person or Business: The Department is not aware of any cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Department has made an initial determina - tion that the proposed regulatory action would have no effect on small businesses. This initial determina - tion was made based on state and federal statutes that established the federal and nonfederal child support programs.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Benefits of Regulation These amendments will benefit the health and wel - fare of California residents, specifically, custodial par- ties of child support cases because they will increase the collection of payments for intergovernmental child support cases.

This will be accomplished by clarifying the requirements related to handling intergovernmen - tal cases and the jurisdiction of these cases. Also, this regulatory action will increase the protection, health, and safety of families and children by clarifying dis - closure requirements for intergovernmental cases. The proposed regulations will not have any effect on worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is pro - posed, would be as effective and less burdensome to affected private persons than the proposal described In this Notice, or would be more cost–effective to af - fected private persons and equally effective in imple - menting the statutory policy or other provision of law.

The Department invites any interested persons to present statements or arguments in writing with re - spect to alternatives to the proposed regulations during the written comment period, or if scheduled, orally and/or in writing during a requested public hearing. AVAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will make the entire rulemaking file available for inspection and copying throughout the rulemaking process at the Department’s office lo - cation.

As of the date this notice is published in the Notice Register, the rulemaking file consists of the Notice of Proposed Action, the proposed text of the regulations, the Initial Statement of Reasons, the STD. 399, and the supportive factual documents. Please di - rect requests to inspect or copy the rulemaking file to Jessica Lile at the information listed below in Con- tact Persons as appointments are required to visit the Department’s office. Copies of the Initial Statement of Reasons and proposed text of the regulations may also be accessed from the Department’s website at childsupport.ca.gov/regulations.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all relevant and timely comments received, the Department may adopt the proposed reg- ulations substantially as described in this notice. If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text (with the changes clearly indicated)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1197 available to the public for at least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Jessica Lile at the information listed below in Contact Persons. The Department will ac - cept any written comments on the modified regula - tions for 15 days after the date on which they are made available. AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS Upon its completion, the Department will make copies of the Final Statement of Reasons available.

Please direct requests for copies to Jessica Lile at the information listed below in Contact Persons or by ac- cessing the website listed below. CONTACT PERSONS Any inquiries or comments regarding this proposed rulemaking action to amend, repeal, and adopt regu - lations for Intergovernmental Cases may be addressed to: Name: Jessica Lile Telephone: 916–464–5099 Fax: 916–464–5772 Email Address: Jessica.Lile@dcss.ca.gov Postal Address: Dept. of Child Support Services Policy, Program, & Statewide Training Branch MS–210 Attention: Jessica Lile P.O.

Box 419064 Rancho Cordova, CA 95741–9064 The backup contact person is: Name: Andrew Enriques Telephone: 916–464–6689 Fax: 916–464–5772 Email Address: Andrew.Enriques@dcss.ca.gov Postal Address: Dept. of Child Support Services Policy, Program, & Statewide Training Branch MS–210 Attention: Andrew Enriques P.O. Box 419064 Rancho Cordova, CA 95741–9064 WEBSITE ACCESS Materials regarding this proposal can be found on the Department’s website at childsupport.ca.gov/ regulations.

GENERAL PUBLIC INTEREST AIR RESOURCES BOARD NOTICE OF DATE, TIME, AND LOCATION OF EXECUTIVE OFFICER HEARING FOR THE PROPOSED AMENDMENTS TO THE HEAVY–DUTY ENGINE AND VEHICLE OMNIBUS REGULATION By notice posted on the California Air Resources Board’s (CARB or Board) webpage on August 1, 2023, and published in the August 4, 2023, California Regu- latory Notice Register (Register 2023, Number 31–Z), CARB announced a public comment period for Pro - posed Amendments to the Heavy–Duty Engine and Vehicle Omnibus Regulation.

No hearing was sched - uled at the time of publication; however, a request for a hearing could be made by September 3, 2023. Subse- quently, CARB received several requests for a public hearing, and is therefore providing notice that it has scheduled a public hearing as detailed below. Please Be Advised that CARB will conduct an Ex - ecutive Officer hearing at the date, time, and location noted below: Date: October 20, 2023 Time: 10:00 a.m.

In–Person Location: California Air Resources Board Coastal Hearing Room 1001 I Street, Sacramento, California 95814 Remote Option: Zoom Please consult the public agenda, which will be posted ten days before the October 20, 2023, Execu - tive Officer Hearing, for important details, including how the public can participate via Zoom if they choose to be remote. The original 45–Day Notice, the Initial Statement of Reasons, and all subsequent regulatory documents, are available on CARB’s website for this rulemak - ing at https://ww2.arb.ca.gov/rulemaking/2023/ hdomnibus2023.

Written Comment Period and Submittal of Comments In accordance with the Administrative Procedure Act, interested members of the public may present comments orally or in writing during the hearing and may provide comments by postal mail or by electronic submittal during the 45–day public comment period

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1198 before the hearing. The public comment period for this regulatory action began on August 4, 2023, and will close on September 18, 2023. The public comment period will not be extended per this notice. Written comments not submitted during the hearing must be submitted on or after August 4, 2023, and received no later than September 18, 2023. Comments submitted outside that comment period are considered untimely. CARB may, but is not required to, respond to untime- ly comments.

CARB also encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regulatory action. Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, CA 95814 Electronic submittal: https://www.arb.ca.gov/lispub/comm/bclist.php Please note that under the California Public Records Act (Gov.

Code § 7920.000 et seq.), your written and verbal comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) be- come part of the public record and can be released to the public upon request. Additionally, CARB requests but does not require that persons who submit written comments reference the title of the proposal in their comments to facilitate review.

Special Accommodation Request Consistent with California Government Code sec - tion 7296.2, special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at the hearing; ● Documents made available in an alternate format or another language; and ● A disability–related reasonable accommodation. To request these special accommodations or lan - guage needs, please contact the Clerks’ Office at cotb@ arb.ca.gov or (916) 322–5594 as soon as possible, but no later than ten business days before the scheduled Board hearing.

TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes: ● Un intérprete que esté disponible en la audiencia; ● Documentos disponibles en un formato alterno u otro idioma; y ● Una acomodación razonable relacionados con una incapacidad.

Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb.ca.gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo an- tes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pue - den marcar el 711 para el Servicio de Retransmisión de Mensajes de California. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR IMPROVING THE STRUCTURAL INTEGRITY OF BEAVER DAMS AND NATURALLY OCCURRING LOG JAMS IN MID FRENCH CREEK (TRACKING NUMBER: 1653–2023–127–001–R1) SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on September 5, 2023, that the Scott River Watershed Council (Council) pro- poses to carry out a habitat restoration or enhance - ment project pursuant to Fish and Game Code

section 1653. The proposed project involves installing posts in beaver dams and log jams to increase their struc - tural integrity and restore and retain key coho salmon spawning and rearing habitat in French Creek. The proposed project will be carried out on French Creek, tributary to the Scott River, located in the Klamath Basin, Siskiyou County, California.

On August 3, 2023, the North Coast Regional Wa - ter Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Im - proving the Structural Integrity of Beaver Dams and Naturally Occurring Log Jams in Mid French Creek.

The Regional Water Board determined that the Proj - ect, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for cov- erage under the General 401 Order. The Regional Water Board issued a Notice of Applicability (WDID Number 1A23123WNSI; ECM PIN Number CW– 889853) for coverage under the General 401 Order on September 5, 2023.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1199 The Council is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

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

section 2081 subdivision (

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

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

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

section 1652. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR LOWER TRYON CREEK FISH PASSAGE AND OFF CHANNEL HABITAT PROJECT — CROSSING 1 (TRACKING NUMBER: 1653–2023–128–001–R1) DEL NORTE COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on September 5, 2023, that the Smith River Alliance (Alliance) proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed project involves replacing an undersized cul- vert with a prefabricated bridge, the restoration of the stream channel, and installation of large woody de - bris. The proposed project will be carried out on Try - on Creek, located north of the unincorporated town of Fort Dick, Del Norte County, California.

On August 16, 2023, the North Coast Regional Wa- ter Quality Control Board (Regional Water Board) re- ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the Low- er Tryon Creek Fish Passage and Off Channel Habitat Project — Crossing 1.

The Regional Water Board de - termined that the Project, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility re- quirements for coverage under the General 401 Order. The Regional Water Board issued a Notice of Appli - cability (WDID Number 1A32131WNDN; ECM PIN Number CW–889962) for coverage under the General 401 Order on August 16, 2023. The Alliance is requesting a determination that the project and associated documents are complete pursu- ant to Fish and Game Code

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

section 2081 subdivision (

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

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

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

section 1652. DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION NUMBER 1653–2023–126–001–R1 Project: Middle Creek Salmonid Spawning Habitat Project Location: Shasta County Applicant: William Vanderwaal (Reclamation District Number 108) Background Project Location: The Middle Creek Salmonid Spawning Habitat Project (Project) is located at Mid - dle Creek Road, Redding, California, 40.596662° North, 122.439449° West; at a property owned by the State of California, and affects the Sacramento River.

The Sacramento River supports populations of Cen - tral Valley spring–run chinook salmon ( Oncorhyn- chus tshawytscha ), Central Valley fall/late fall–run chinook salmon ( Oncorhynchus tshawytscha ), and Sacramento River winter–run chinook salmon (Onco- rhynchus tshawytscha). Project Description: William Vanderwaal, Recla - mation District Number 108, (Applicant) proposes to enhance or restore habitat within Sacramento River to provide a net conservation benefit for Central Valley spring–run chinook salmon, Central Valley fall/late fall–run chinook salmon, and Sacramento River win - ter–run chinook salmon.

The Project will provide improved spawning con - ditions along the right bank of the Sacramento River, immediately downstream of the confluence of Middle Creek and the Sacramento River. Spawning conditions will be improved by placing existing and new spawn -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1200 ing gravel to create additional spawning areas as week as creating spawning bed areas at deeper depths. The right bank overburden material will be excavated and replaced with spawning gravel at a lower elevation, in- creasing the area available for spawning. The overbur- den material will be placed on higher ground. Approximately 2,500 cubic yards of spawning grav- el material will be brought into the site and no ma - terial will be removed from the site.

The work will be performed by excavators, bulldozers, loaders and off–road trucks, working both on the stream bank and in the river. Project Size: The total area of ground disturbance associated with the Project is approximately 4.0 acres and 460 linear feet. The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categorical ex - emption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: 2,500 cubic yards of spawning gravel. Project Timeframes: Start date: January 2024. Completion date: April 2024. Work window: Winter — subject to fish spawning and flows (7,000 cfs or lower) and presences/absence of redd.

Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve fish passage spawning and rearing hab - itat, the Central Valley Regional Water Quality Con - trol Board (Regional Water Board) issued a Notice of Applicability (NOA) for Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Resto - ration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) Number 5A45CR00643 for the Project.

The NOA describes the Project and requires the Applicant to comply with terms of the Order. Ad - ditionally, the Applicant has provided a supplemental document that sets forth measures to avoid and mini - mize impacts to fish and wildlife. Receiving Waters: Sacramento River. Filled or Excavated Areas: Permanent area impact - ed: 0.5 acres. Temporary area impacted: 4 acres. Length permanently impacted: 460 linear feet. Length temporarily impacted: 460 linear feet. Discharge volume: 2,500 cubic yards of spawning gravel. Regional Water Board staff determined that the Project may proceed under the Order.

Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). Noticing: On August 14, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a de - termination pursuant to Fish and Game Code

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

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on August 14, 2023, for publishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. Notice File Number Z–2023–0814–04) on August 25, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

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

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

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

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

section 1653, subdivision (b)(4), were included in an attachment to the NOI. The specific avoidance and minimization measures as well as water quality protection measures are found in the addendum titled: Block20Middle CreekBMP.pdf in

section titled Best Management Practices of the addendum. Monitoring and Reporting As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Mon- itoring and Reporting Plan provides a timeline for restoration, performance standards, and monitoring parameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, ti - tled: Monitoring Plan_Middle Crk–2023 v2.pdf, in the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1201

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

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

section 1653, subdivision (g), the Applicant shall sub- mit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronical- ly to: Stacey.Alexander@wildlife.ca.gov. Project Authorization Pursuant to Fish and Game Code

section 1654, CD- FW’s approval of a habitat restoration or enhancement project pursuant to

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

Chapter 6 (com - mencing with

section 1600) and

Chapter 10 (com - mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

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

If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish and Game Code, § 1654, subdivision (c).) DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED CONSENT DECREE SETTLEMENT BENSON RIDGE FACILITY, 7620 HIGHWAY 29, KELSEYVILLE, CALIFORNIA PUBLIC COMMENT PERIOD: SEPTEMBER 15, 2023 THROUGH OCTOBER 14, 2023 The California Department of Toxic Substances Control (DTSC) invites you to review and comment on a proposed consent decree (Consent Decree) be - tween DTSC and 5 parties (Settling Defendants, iden- tified below) regarding the closed Benson Ridge Facil- ity landfill, located at 7620 Highway 29, Kelseyville, California 95451 (Parcel Nos. 7–018–13, 7–029–6, 7–030–21, and 9–022–01) (Facility).

DTSC lodged in the United States District Court for the Northern District of California, the proposed Con- sent Decree in the case California Department of Tox- ic Substances Control, et al. v. Pacific Gas & Electric Company, et al., Case Number 4:21–cv–07450. The proposed Consent Decree resolves DTSC’s claims against the Settling Defendants under the Compre - hensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq. for the Facility.

The Settling Defendants are named as defendants in DTSC’s lawsuit seeking to recover costs of responding to releases and threatened releas - es of hazardous substances at the Facility. Under the proposed Consent Decree, Settling Defendants will provide funding for the Facility’s post closure and cor- rective action activities to protect human health and the environment at and around the Facility. Settling Defendants will also pay $436,789.03 to reimburse a portion of DTSC’s past costs incurred for response ac- tions at the Facility.

Settling Defendants also agree to reimburse DTSC’s future response costs at the Facil - ity. The proposed Consent Decree provides that Set - tling Defendants are entitled to contribution protection under CERCLA and state law and DTSC’s covenant not to sue Defendants with respect to certain matters. The 5 Settling Defendants include: Chevron U.S.A. Inc.; Pacific Gas and Electric Company; Phillips 66 Company; SWEPI LLC; and Union Oil Company of California. HOW YOU CAN PARTICIPATE: DTSC will consider public comments on the proposed Consent Decree postmarked or received by October 14, 2023.

Comments should include the phrase “Benson CD Settlement Comments” in the subject line of your

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1202 letter or email. DTSC may withdraw its consent to the proposed Consent Decree if it receives comments that disclose facts or considerations that indicate the proposed Consent Decree is inappropriate, improper, or inadequate.

Address comments to: Mary Gaspari Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 Mary.Gaspari@dtsc.ca.gov WHERE DO I GET INFORMATION: The pro - posed Consent Decree is available in DTSC’s En - viroStor database at: https://www.envirostor.dtsc. ca.gov/getfile?filename=/public%2Fdeliverable_ documents%2F1507359147%2F2023–8–23%20 FINALProposedConsentDecree_Benson%20 %20%20%20Document%2058–1%20%5B%5B Proposed%5D%20Consent%20Decree%5D.pdf.pdf. General Benson Ridge Facility Information at: https://www.envirostor.dtsc.ca.gov/public/profile_ report.asp?global_id=80001336.

A hard copy of the proposed Consent Decree is also available from the DTSC Sacramento Office by written request to Mary Gaspari sent to the physical address or the email address above.

Or the proposed Consent Decree can be reviewed in person, by ap - pointment Monday–Friday, 8:30 a.m. to 4:30 p.m., at: DTSC Regional Central File Room/Contact: Tee Xiong 8800 Cal Center Drive Sacramento, CA 95826 (916) 255–3611 FOR ADDITIONAL QUESTIONS ABOUT THE BENSON RIDGE FACILITY OR THE PROPOSED CONSENT DECREE: Please contact the following DTSC staff: For the Project: Mary Gaspari DTSC Project Manager (916) 255–6574 Mary.Gaspari@dtsc.ca.gov For Public Participation: Ashley Blesio DTSC Public Participation Specialist (916) 255–6519 Ashley.Blesio@dtsc.ca.gov For Media: Devin Hutchings DTSC Public Information Officer (916) 903–6949 Devin.Hutchings@dtsc.ca.gov Hearing impaired individuals may use the Califor- nia Relay Service at 711 or 800–735–2929 TTY/VCO/ HCO to voice.

Additional information on DTSC sites can be found through our EnviroStor. (rev. 5–2020) DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED CONSENT DECREE SETTLEMENT MONTEZUMA HILLS FACILITY , 6292 LITTLE HONKER BAY ROAD, RIO VISTA, CALIFORNIA PUBLIC COMMENT PERIOD: SEPTEMBER 15, 2023 THROUGH OCTOBER 14, 2023 The California Department of Toxic Substances Control (DTSC) invites you to review and comment on a proposed consent decree (Consent Decree) between DTSC and 17 parties (Settling Defendants, identified below) regarding the closed Montezuma Hills Facility landfill, located at 6292 Little Honker Bay Road, Rio Vista, California 94571 (Solano County Parcel Num - ber 0048–050–340) (Facility).

DTSC lodged in the United States District Court for the Eastern District of California, the proposed Consent Decree in the case California Department of Toxic Substances Control, et al. v. Chevron Oronite Company LLC, et al., Case Number 2:21–cv–01737. The proposed Consent Decree resolves DTSC’s claims against the Settling Defendants under the Compre - hensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., for the Facility.

The Settling Defendants are named as defendants in DTSC’s lawsuit seeking to recover costs of responding to releases and threatened releas - es of hazardous substances at the Facility. Under the proposed Consent Decree, Settling Defendants will provide funding for the Facility’s post closure and cor- rective action activities to protect human health and the environment at and around the Facility. Settling Defendants will also pay $444,708.65 to reimburse a portion of DTSC’s past costs incurred for response ac- tions at the Facility.

Settling Defendants also agree to reimburse DTSC’s future response costs at the Facil -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1203 ity. The proposed Consent Decree provides that Set - tling Defendants are entitled to contribution protection under CERCLA and state law and DTSC’s covenant not to sue Defendants with respect to certain matters.

The 17 Settling Defendants include: Atlantic Rich - field Company; Bayer CropScience, Inc.; Chevron Oronite Company LLC; The Dow Chemical Compa - ny; Exxon Mobil Corporation; ExxonMobil Oil Cor - poration; ExxonMobil Pipeline Company LLC; Ford Motor Company; Georgia–Pacific LLC; HP Inc.; Mo- bil Exploration and Producing North America Inc.; Mobil Producing Texas & New Mexico Inc.; Pacific Gas and Electric Company; The Procter & Gamble Manufacturing Company; Texaco Downstream Prop - erties Inc.; Shell USA, Inc. f/k/a Shell Oil Company; and Union Oil Company of California.

HOW YOU CAN PARTICIPATE: DTSC will consider public comments on the proposed Consent Decree postmarked or received by October 14, 2023. Comments should include the phrase “Montezuma CD Settlement Comments” in the subject line of your letter or email. DTSC may withdraw its con - sent to the proposed Consent Decree if it receives comments that disclose facts or considerations that in- dicate the proposed Consent Decree is inappropriate, improper, or inadequate.

Address comments to: Mary Gaspari Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 Mary.Gaspari@dtsc.ca.gov WHERE DO I GET INFORMATION: The pro - posed Consent Decree is available in DTSC’s En - viroStor database at: https://www.envirostor.dtsc. ca.gov/getfile?filename=/public%2Fdeliverable_ documents%2F9579426407%2F2023–8–24%20 FINALProposedConsentDecree_Montezuma%20 %20%20Document%2039–1%20%5BProposed%20 Consent%20Decree%5D%20(Montezuma%20Hills). pdf.pdf.

General Montezuma Hills Facility Information at: https://www.envirostor.dtsc.ca.gov/public/profile_ report.asp?global_id=48290004. A hard copy of the proposed Consent Decree is also available from the DTSC Sacramento Office by written request to Mary Gaspari sent to the physical address or the email address above.

Or the proposed Consent Decree can be reviewed in person, by ap - pointment Monday–Friday, 8:30 a.m. to 4:30 p.m., at: DTSC Regional Central File Room/Contact: Tee Xiong 8800 Cal Center Drive Sacramento, CA 95826 (916) 255–3611 FOR ADDITIONAL QUESTIONS ABOUT THE MONTEZUMA HILLS FACILITY OR THE PROPOSED CONSENT DECREE: Please contact the following DTSC staff: For the Project: Mary Gaspari DTSC Project Manager (916) 255–6574 Mary.Gaspari@dtsc.ca.gov For Public Participation: Ashley Blesio DTSC Public Participation Specialist (916) 255–6519 Ashley.Blesio@dtsc.ca.gov For Media: Devin Hutchings DTSC Public Information Officer (916) 903–6949 Devin.Hutchings@dtsc.ca.gov Hearing impaired individuals may use the Califor- nia Relay Service at 711 or 800–735–2929 TTY/VCO/ HCO to voice.

Additional information on DTSC sites can be found through our EnviroStor. (rev. 5–2020) DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED CONSENT DECREE SETTLEMENT PA NOCH E FACI LI T Y, 2251 LAKE HERMAN ROAD, BENICIA, CALIFORNIA PUBLIC COMMENT PERIOD: SEPTEMBER 15, 2023 THROUGH OCTOBER 14, 2023 The California Department of Toxic Substances Control (DTSC) invites you to review and comment on a proposed consent decree (Consent Decree) between DTSC and 56 parties (Settling Defendants, identified below) regarding the closed Panoche Facility landfill, located at 2251 Lake Herman Road, Benicia, Califor -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1204 nia 94510 (Solano County Parcel Nos. 181–270–01, 181–270–05, and 181–240–05) (Facility). DTSC lodged in the United States District Court for the Eastern District of California, the proposed Consent Decree in the case California Department of Toxic Substances Control, et al. v. Exxon Mobil Cor - poration, et al., Case Number 2:21–cv–01739.

The proposed Consent Decree resolves DTSC’s claims against the Settling Defendants under the Compre - hensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., and the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., for the Facility. The Settling Defendants are named as defendants in DTSC’s law - suit seeking to obtain injunctive relief and to recover costs of responding to releases and threatened releas - es of hazardous substances at the Facility.

Under the proposed Consent Decree, Settling Defendants will provide funding for the Facility’s post closure and cor- rective action activities to protect human health and the environment at and around the Facility. Settling Defendants will also pay $619,865.90 to reimburse a portion of DTSC’s past costs incurred for response ac- tions at the Facility. Settling Defendants also agree to reimburse DTSC’s future response costs at the Facil - ity.

The proposed Consent Decree provides that Set - tling Defendants are entitled to contribution protection under CERCLA and state law and DTSC’s covenant not to sue Defendants with respect to certain matters. The 56 Settling Defendants include: Aerojet Rocket- dyne, Inc.; Aramark Uniform & Career Apparel, LLC; Arris Solutions, Inc.; AT&T Corp.; Atlantic Richfield Company; Bayer CropScience, Inc.; Beazer East, Inc.; Bio–Rad Laboratories, Inc.; The Boeing Company; BP Products North America Inc.; Bridgestone Amer - icas Tire Operations, LLC; Broadcom Inc.; Chev - ron Oronite Company LLC; Chevron U.S.A.

Inc.; CROWN Beverage Packaging, LLC; Delta Tech Ser - vice, Inc.; The Dow Chemical Company; E.

I. du Pont de Nemours and Company n/k/a EIDP, Inc.; Evoqua Water Technologies LLC; Exxon Mobil Corporation; ExxonMobil Oil Corporation; ExxonMobil Pipeline Company LLC; FMC Corporation; Ford Motor Com - pany; Gallo Glass Company; General Electric Com - pany; Georgia–Pacific LLC; Honeywell International Inc.; HP Inc.; Intel Corporation; International Busi - ness Machines Corporation; Levin Enterprises, Inc.; Lockheed Martin Corporation; Mobil Exploration and Producing North America Inc.; Mobil Producing Texas & New Mexico Inc.; National Semiconductor (Maine), Inc.; New United Motor Manufacturing, Inc.; Northrop Grumman Systems Corporation; PAC Oper- ating Limited Partnership; PACCAR Inc; Pacific Gas and Electric Company; Phillips 66 Company; PPG Industries, Inc.; The Proctor & Gamble Manufactur - ing Company; Raytheon Company; Renesas Electron- ics America Inc.; United Technologies Corporation n/k/a RTX Corporation; Sanmina Corporation; Shell USA, Inc. f/k/a Shell Oil Company; TE Connectivi - ty Corporation; Texaco Downstream Properties Inc.; Thermo Fisher Scientific Inc.; Union Oil Company of California; Union Pacific Railroad Company; United States Steel Corporation; and USS–UPI, LLC.

HOW YOU CAN PARTICIPATE: DTSC will consider public comments on the proposed Consent Decree postmarked or received by October 14, 2023. Comments should include the phrase “Panoche CD Settlement Comments” in the subject line of your letter or email. DTSC may withdraw its consent to the proposed Consent Decree if it receives comments that disclose facts or considerations that indicate the proposed Consent Decree is inappropriate, improper, or inadequate.

Address comments to: Mary Gaspari Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 Mary.Gaspari@dtsc.ca.gov WHERE DO I GET INFORMATION: The pro - posed Consent Decree is available in DTSC’s En - viroStor database at: https://www.envirostor.dtsc. ca.gov/getfile?filename=/public%2Fdeliverable_ documents%2F7041584610%2F2023–8–24%20 FINALProposedConsentDecree_Panoche%20 %20%20%20Document%20%2385–1%20%5B Proposed%20Consent%20Decree%5D%20(Panoche). pdf.pdf. General Panoche Facility Information at: https://www.envirostor.dtsc.ca.gov/public/ profile_report?global_id=80001291.

A hard copy of the proposed Consent Decree is also available from the DTSC Sacramento Office by written request to Mary Gaspari sent to the physical address or the email address above. Or the proposed Consent Decree can be reviewed in person, by ap - pointment Monday–Friday, 8:30 a.m. to 4:30 p.m., at: DTSC Regional Central File Room/Contact: Tee Xiong 8800 Cal Center Drive Sacramento, CA 95826 (916) 255–3611 FOR ADDITIONAL QUESTIONS ABOUT THE PANOCHE FACILITY OR THE PROPOSED CONSENT DECREE: Please contact the following DTSC staff:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1205 For the Project: Mary Gaspari DTSC Project Manager (916) 255–6574 Mary.Gaspari@dtsc.ca.gov For Public Participation: Tammy Pickens DTSC Public Participation Specialist (916) 255–3594 or 1 (866) 495–5651 Tammy.Pickens@dtsc.ca.gov For Media: Devin Hutchings DTSC Public Information Officer (916) 903–6949 Devin.Hutchings@dtsc.ca.gov Hearing impaired individuals may use the Califor- nia Relay Service at 711 or 800–735–2929 TTY/VCO/ HCO to voice.

Additional information on DTSC sites can be found through our EnviroStor. (rev. 5–2020) DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED CONSENT DECREE SETTLEMENT VINE HILL COMPLEX, 896 WATER BI R D WAY, MARTINEZ, CALIFORNIA PUBLIC COMMENT PERIOD: SEPTEMBER 15, 2023, THROUGH OCTOBER 14, 2023 The California Department of Toxic Substances Control (DTSC) invites you to review and comment on a proposed consent decree (Consent Decree) between DTSC and 57 parties (Settling Defendants, identified below) regarding the closed Vine Hill Complex land - fill, located at 896 Waterbird Way, California 94553 (Contra Costa County Parcel Nos. 159–250–014, 380– 020–002, and 380–020–016) (Facility).

DTSC lodged in the United States District Court for the Northern District of California the proposed Con - sent Decree in the case California Department of Tox- ic Substances Control, et al. v. Chevron U.S.A. Inc., et al., Case Number 4:21–cv–07453. The proposed Consent Decree resolves DTSC’s claims against the Settling Defendants under the Comprehensive Envi - ronmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., and the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., for the Facility.

The Settling Defendants are named as defendants in DTSC’s lawsuit seeking to ob- tain injunctive relief and to recover costs of respond - ing to releases and threatened releases of hazardous substances at the Facility. Under the proposed Consent Decree, Settling Defendants will provide funding for the Facility’s post closure and corrective action activ- ities to protect human health and the environment at and around the Facility. Settling Defendants will also pay $498,636.43 to reimburse a portion of DTSC’s past costs incurred for response actions at the Facility.

Settling Defendants also agree to reimburse DTSC’s future response costs at the Facility. The proposed Consent Decree provides that Settling Defendants are entitled to contribution protection under CERCLA and state law and DTSC’s covenant not to sue Defendants with respect to certain matters.

The 57 Settling Defendants include: Aerojet Rocket- dyne, Inc.; Aramark Uniform & Career Apparel, LLC; Arris Solutions, Inc.; AT&T Corp.; Atlantic Richfield Company, Bayer CropScience, Inc.; Beazer East, Inc.; Bio–Rad Laboratories, Inc.; The Boeing Company; BP Products North America Inc.; Bridgestone Amer - icas Tire Operations, LLC; Broadcom Inc.; Chevron U.S.A. Inc.; CROWN Beverage Packaging, LLC; Del- ta Tech Service, Inc.; The Dow Chemical Company; E.

I. du Pont de Nemours and Company n/k/a EIDP, Inc.; Evoqua Water Technologies LLC; Exxon Mobil Corporation; ExxonMobil Oil Corporation; Exxon - Mobil Pipeline Company LLC; FMC Corporation; Ford Motor Company; Gallo Glass Company; General Electric Company; Georgia–Pacific LLC; Hexcel Cor- poration; Honeywell International Inc.; HP Inc.; Intel Corporation; International Business Machines Cor - poration; Levin Enterprises, Inc.; Lockheed Martin Corporation; Mobil Exploration and Producing North America Inc.; Mobil Producing Texas & New Mexi - co Inc.; National Semiconductor (Maine), Inc.; New United Motor Manufacturing, Inc.; Northrop Grum - man Systems Corporation; PAC Operating Limited Partnership; Paccar Inc; Pacific Gas and Electric Com- pany; Phillips 66 Company; PPG Industries, Inc.; The Procter & Gamble Manufacturing Company; Raythe - on Company; Renesas Electronics America Inc.; Unit- ed Technologies Corporation n/k/a RTX Corporation; Sanmina Corporation; Shell USA, Inc. f/k/a Shell Oil Company; TE Connectivity Corporation; Texaco Downstream Properties Inc.; Thermo Fisher Scientific Inc.; TABC, INC.; Union Oil Company of California;

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 37-Z 1206 Union Pacific Railroad Company; United States Steel Corporation (U.S. Steel); and USS–UPI, LLC. HOW YOU CAN PARTICIPATE: DTSC will consider public comments on the proposed Consent Decree postmarked or received by October 14, 2023. Comments should include the phrase “Vine Hill CD Settlement Comments” in the subject line of your letter or email.

DTSC may withdraw its consent to the proposed Consent Decree if it receives comments that disclose facts or considerations that indicate the proposed Consent Decree is inappropriate, improper, or inadequate.

Address comments to: Mary Gaspari Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 Mary.Gaspari@dtsc.ca.ogv WHERE DO I GET INFORMATION: The pro - posed Consent Decree is available in DTSC’s En - viroStor database at: https://www.envirostor.dtsc. ca.gov/getfile?filename=/public%2Fdeliverable_ documents%2F7023045182%2F2023–8–30%20 FINALProposedConsentDecree_VineHill%20%20 %20%20Document%20%23160–1%20Proposed%20 Consent%20Decree%20%5D.pdf.pdf.

General Vine Hill Complex Information at: https:// www.envirostor.dtsc.ca.gov/public/profile_report. asp?global_id=80001501 A hard copy of the proposed Consent Decree is also available from the DTSC Sacramento Office by written request to Mary Gaspari sent to the physical address or the email address above.

Or the proposed Consent Decree can be reviewed in person, by ap - pointment Monday–Friday, 8:30 a.m. to 4:30 p.m., at: DTSC Regional Central File Room/Contact: Tee Xiong 8800 Cal Center Drive Sacramento, CA 95826 (916) 255–3611 FOR ADDITIONAL QUESTIONS ABOUT THE VINE HILL COMPLEX OR THE PROPOSED CONSENT DECREE: Please contact the following DTSC staff: For the Project: Mary Gaspari DTSC Project Manager (916) 255–6574 Mary.Gaspari@dtsc.ca.gov For Public Participation: Tammy Pickens DTSC Public Participation Specialist (916) 255–3594 or 1 (866) 495–5651 Tammy.Pickens@dtsc.ca.gov For Media: Devin Hutchings DTSC Public Information Officer (916) 903–6949 Devin.Hutchings@dtsc.ca.gov Hearing impaired individuals may use the Califor- nia Relay Service at 711 or 800–735–2929 TTY/VCO/ HCO to voice.

Additional information on DTSC sites can be found through our EnviroStor. (rev. 5–2020) FISH AND GAME COMMISSION NOTICE OF FINAL CONSIDERATION OF PETITION NOTICE IS HEREBY GIVEN pursuant to the pro - visions of Fish and Game Code

Section 2078, that the California Fish and Game Commission (Commission), has scheduled final consideration of the petition to list Inyo rock daisy (Perityle inyoensis synonym Laphami inyoensis) as threatened or endangered and the peti - tion to list Lime Ridge eriastrum ( Eriastrum ertter - ae) as an endangered species for its October 11–12, 2023 meeting. It is expected that consideration of the petitions will be heard October 11, 2023 in San Jose, California. Members of the public can participate in person or via webinar/teleconference. Instructions for participa- tion in the hearing will be