Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 4-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 27, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Code — Notice File Number Z2023–0117–10 .......................................... 65 AMENDMENT MULTI–COUNTY: Patterson Joint Unified School District STATE AGENCY: Department of Motor Vehicles TITLE 5.

COMMISSION ON TEACHER CREDENTIALING Bilingual Authorization — Notice File Number Z2023–0117–04 ............................................ 66 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Requirements for Course Certification — Notice File Number Z2023–0112–01 ................................ 69 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Conflict–of–Interest Code — Notice File Number Z2023–0111–01 .......................................... 71 TITLE 13. AIR RESOURCES BOARD Amendments to the Procedures for Exemption of Add–On and Modified Part(

s) for On–Road Vehicles/ Engines Specific to Electric Vehicle Conversions — Notice File Number Z2023–0110–05 .................................................................. 72 TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Recycling and Disposal Reporting System Regulatory Permanent Regulations — Notice File Number Z2023–0117–11 .................................................................. 78 TITLE 14. FISH AND GAME COMMISSION Nelson Bighorn Sheep — Notice File Number Z2023–0117–03 ............................................. 82 TITLE 17.

CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE Conflict–of–Interest Rules Applicable to Non–ICOC Members of the Treatments and Cures Accessibility and Affordability Working Group — Notice File Number Z2023–0117–02. . . . . . . . . . . . . . . . . . . . . 85 (Continued on next page)

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2022–016–05, Los Angeles River Bikeway and Greenway Project, Los Angeles County ..................................... 88 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2022–017–01, Elk Creek Bridge Replacement Project, Mendocino County ............................................... 92 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No. 2080–2022–018–05, Mabury Tentative Tract Map No. 18163, Orange County .................................................. 96 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Public Comment Period and Workshops on Draft Reference Exposure Levels for Trimethylbenzenes (TMB) ............................................ 101 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemicals Listed Effective January 27, 2023, As Known to the State of California to Cause Cancer: 1–Bromo–3–Chloropropane, 1–Butyl Glycidyl Ether, And Glycidyl Methacrylate ............................. 102 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting ...................................................... 102

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ........................................................... 103 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 4-Z 65 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT M U LT I – COU N T Y: Patterson Joint Unified School District STAT E AGENCY: Department of Motor Vehicles A written comment period has been established commencing on January 27, 2023 and closing on March 13, 2023.

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

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

Section 87300, which designate, pursuant to Govern - ment Code

Section 87302, employees who must dis - close 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, arguments 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 March 13, 2023. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased 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 defined in Government Code

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

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

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-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 66 mission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 322–5660. TITLE 5. COMMISSION ON TEACHER CREDENTIALING DIVISION 8 PERTAINING TO BILINGUAL AUTHORIZATION The Commission on Teacher Credentialing (Com - mission) proposes to take the regulatory action described below after considering all comments, objections, and recommendations regarding the proposed action. A copy of the proposed regulations is included with the new proposed text shown in underline.

The Commission has not scheduled a public hearing on this proposed action. However, the Commission 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 before the close of the comment period.

Summary of the Effect of the Proposed Action The proposed action would add to the California Code of Regulations, Title 5,

section 80615, 80615.1, 80615.2 and 80615.3. Specifically,

section 80615 is a glossary of

definitions,

section 80615.1 is a precon - dition,

section 80615.2 includes standard language, and

section 80615.3 includes performance expectation language. Additionally, current regulation

section 80033(d)(2) incorporates by reference the Standards of Quality and Effectiveness for Programs Leading to Bilingual Authorization (rev. 1/13). This

section of regulations needs to be updated to point the reader to the new sections proposed for sections 80615–80615.3 as the entire document which is currently incorporated by reference has had sweeping updates as compared to the January 2013 version currently incorporated by reference. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments by fax, through the mail, or by email relevant to the proposed action. The written comment period closes on March 13, 2023.

Comments must be received by that time or may be submitted at the public hearing, should one be requested. Interested parties may fax their re - sponse to (916) 327–3165; write to the Commission on Teacher Credentialing, attention Lynette Roby, 1900 Capitol Avenue, Sacramento, California 95811; or submit an email to Lynette.roby@ctc.ca.gov o r M i r a n d a Gutierrez at mgutierrez@ctc.ca.gov.

Any written comments received by the closing of the public comment period will be reproduced by the Commission’s staff for each member of the Commis - sion as a courtesy to the person submitting the com - ments and will be included in the written agenda prepared for and presented to the full Commission at the hearing. AUTHORITY AND REFERENCE The Commission’s authority to establish program standards is established in subsection (b)(1)(

C) and (

d) of Education Code

section 44225. Specifically,

section (b)(2) of Education Code 44225 states that “The com- mission may establish standards and requirements for preliminary and professional credentials of each type.” Additionally, Education Code

section 44225(

i) states, “to appoint classroom teachers, school administrators, other school services personnel, representatives of the public, and public or private higher education repre - sentatives to one or more standing committees, which shall be given authority to recommend to the commis- sion standards relating to examinations, performance assessments, program accreditation, and licensing.” INFORMATION DIGEST/POLICY STATEMENT OVERVIEW

Summary of Existing Laws and Regulations In 2016, Proposition 58 (Prop 58) was passed by California voters allowing for flexibility in how California public schools offer bilingual education and programs for English learners. In addition to Prop 58, statewide initiatives, such as Global 2030 involve expanding bilingual education in California. Since the prior Bilingual Authorization program standards were originally adopted in 2008.

Objectives and Anticipated Benefits of the Proposed Regulations The purpose of these regulations is to ensure the regulations are aligned with the policy shift for Bilingual Education in California and to ensure that the newly adopted standards are placed into regulation so that institutions operating Bilingual Authorization Educator Preparation Programs are aware of the standards for operating a program. The prior Bilingual Authorization program stan - dards were originally adopted in 2008. In 2016 Prop 58 was passed by California voters.

This Proposition allows for flexibility in how California public schools offer bilingual education and pro - grams for English learners. Additionally, statewide initiatives, such as Global 2030 involve expanding bilingual education in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 67 In response to the policy changes, the Commis - sion adopted revised Bilingual Authorization Edu - cator Preparation Program Standards in December 2021 and in October 2022 the Commission adopted additional language to be added to the program stan - dards. These revised standards include a precondition, program standards, a glossary with

definitions for Bilingual Authorization educator preparation pro - grams and the new Bilingual Teaching Performance Expectations (BTPEs) which are the knowledge, skills, and abilities a candidate must demonstrate in a Bilingual Authorization program. The revised stan - dards and performance expectations honor the linguis- tic diversity represented among the student population, the variety of bilingual programs available to students, and the current research on instructing and supporting bilingual Transitional Kindergarten (TK)–12 students.

They include the continuous support of students’ con- nection to their home language to sustain their home culture. Bilingual teachers work with diverse stu - dents and the updated standards and new BTPEs are responsive to the socio–linguistic, socioemotional, and sociocultural factors of the students served. Amend

Section 80033(d)(2) & Repeal Outdated Document Incorporated by Reference

Section 80033 deals with intern credentials and sec- tion (d)(2) and includes the now outdated Bilingual Authorization standards incorporated by reference. Amendments are proposed to direct the reader to the actual precondition, program standards, and teaching performance expectations, proposed sections 80615.1, 80615.2, and 80615.3, and to repeal the outdated stan- dards from incorporation by reference.

Determination of Inconsistency/Incompatibility with Existing State Regulations The Commission has determined that the proposed regulation amendments are not inconsistent or incom- patible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, the Commission has concluded that these are the only regulations that concern Bilingual Authorization requirements. DISCLOSURES REGARDING THE PROPOSED ACTIONS/FISCAL IMPACT The Commission has made the following initial determinations.

LOCAL MANDATE These proposed regulations will not impose a man - date on local agencies or school districts that must be reimbursed in accordance with

Part 7 (commencing with

section 17500) of the Government Code. Local education agencies may choose to sponsor educator preparation programs utilizing the proposed regu - lations; however, no mandate exists requiring local agencies or school districts to have educator prepa - ration programs and, therefore, no reimbursement in accordance with

Part 7 (commencing with

section 17500) of the government code is required. FISCAL IMPACT Costs to any local agency or school districts requiring reimbursement pursuant to Government Code

section 17500 et seq. These proposed regulations will not impose a cost to local agencies or school districts requiring rei mbu r sement i n accord a nce w it h Pa r t 7 (com menci ng with

section 17500) of the Government Code as spon- soring an educator preparation program which is aligned to the proposed regulations and is not required by law. Cost or savings to any state agency. None. This will not create a cost or savings to any state agency. The regulations apply to currently approved educator preparation institutions or to institutions seeking approval to offer a Bilingual Authorization program and those institutions must already have regional accreditation and are only expanding their business into educator preparation in California.

Other non–discretionary costs or savings imposed upon local agencies. None. Sponsoring an educator preparation program is not a requirement. Cost or savings in federal funding to the state. None. Sponsoring an educator preparation program which is aligned to the proposed regulations is not required by law and would not impact federal funding to the state. HOUSING COSTS No effect on housing costs exists as these regula - tions only pertain to demonstration of subject matter competence for preliminary teaching credentials.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING THE ABILITY OF CALIFORNIA BUSINESSES TO COMPETE WITH BUSINESSES IN OTHER STATES The Commission has concluded there is no signifi - cant adverse impact on business.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 68 STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT In accordance with Government Code

section 11346.3(b), the Commission has made the following assessments regarding the proposed regulations: Creation or Elimination of Jobs within California The proposed amendments pertain to the prepara - tion of prospective bilingual educators. These amend- ments will not create or eliminate jobs in California. Creation of New Businesses or Elimination of Existing Business within California The proposed amendments pertain to the prepara - tion of prospective bilingual educators. These amend- ments will not create or eliminate existing businesses in California.

Expansion of Businesses Currently Doing Business within the California The proposed amendments pertain to the prepara - tion of prospective bilingual educators. These amend- ments will not cause the expansion or elimination of existing businesses in California. Benefits of the Regulations The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents to ensure high qual - ity educator preparation programs which result in effective bilingual educators for California students.

Successful programs prepare teachers who are better able to address the current needs of TK–12 students in California in the coming decade. The Commission anticipates that the proposed amendments will continue to benefit the health and welfare of California residents, as high quality Bilingual educators will result in a health and welfare benefit to students, colleagues, and parents. The Com- mission does not anticipate that these regulations will result in a direct benefit to worker safety or the state’s environment.

COST IMPACTS ON A REPRESENTATIVE PRIVATE PERSON OR BUSINESS The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. BUSINESS REPORT This proposal does not require a report to be made. EFFECT ON SMALL BUSINESS The proposed regulations will not have a signifi - cant adverse economic impact upon small business. The proposed regulations apply only to educational institutions electing to offer or offering Commission– approved and accredited educator preparation pro - grams.

Educational institutions are California State Universities, Universities of California, private four– year colleges and universities, or local education agencies, none of which meet the definition for small business as defined in government code 11342.610. The vast majority of Commission approved program sponsors are nonprofit educational institutions. Very few institutions of higher education approved by the Commission at this time are for profit businesses.

Because offering an educator preparation program is voluntary, any institution must evaluate whether or not they have sufficient resources to offer a high–quality preparation program in accordance with the state adopted standards, state statute, and regulations.

ALTERNATIVES STATEMENT The Commission must determine that no reason - able alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in imple- menting the statutory policy or other provision of law.

The Commission invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON/ FURTHER INFORMATION General or substantive inquiries concerning the proposed action may be directed to Lynette Roby by telephone at 916–324–3668, by mail at Commission on Teacher Credentialing: Attention: Regulations, 1900 Capitol Avenue, Sacramento, CA 95811, or by email to Lynette.roby@ctc.ca.gov or Miranda Gutierrez at mgutierrez@ctc.ca.gov.

General question inquiries may also be directed to the addresses mentioned above. Upon request, a copy of the express terms of the proposed action and a copy of the Initial Statement of Reasons will be made available. This information is also available on the Commission’s website at http:// www.ctc.ca.gov/notices/rulemaking.html. In addition, all the information on which this proposal is based is available for inspection and copying.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 69 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The entire rulemaking file is available for inspection and copying throughout the rulemaking process at the Commission office at the above address. As of the date this notice is published in the Notice of Register, the rulemaking file consists of the Notice of Proposed Rulemaking, the proposed text of regulations, the Initial Statement of Reasons, and an economic impact assessment/analysis contained in the Initial Statement of Reasons.

Copies may be obtained by contacting Lynette Roby at the addresses or telephone number provided above. MODIFICATION OF PROPOSED ACTION If the Commission proposes to modify the actions hereby proposed, the modifications (other than non– substantial or solely grammatical modifications) will be made available for public comment for at least 15 days before they are adopted. AVAILABILITY OF FINAL STATEMENT OF REASONS The Final Statement of Reasons is submitted to the Office of Administrative Law as part of the final rulemaking package, following the conclusion of the public hearing.

Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Lynette Roby at Lynette.roby@ctc.ca.gov. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the reg - ulations can be accessed through the Commission’s website at http://www.ctc.ca.gov/notices/rulemaking. html. TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING AMEND COMMISSION REGULATION 1052– REQUIREMENTS FOR COURSE CERTIFICATION At the November 30, 2022 meeting, the Commission on Peace Officer Standards and Training (POST) approved the proposed amendment to Commission Regulation 1052. The proposed change involves an amendment to existing regulation to address instructor qualifica - tions for POST–certified courses where peace officers or former peace officers have had their certifications surrendered, suspended, or revoked.

The attached notice includes the proposed changes, an invitation for written input on this proposal, the deadline for written comments, and information about requesting a public hearing. The following related information is available on the POST Website at https:// post.ca.gov/Regulatory–Actions. ● POST Bulletin and Notice of Proposed Regulatory Action ● Text of Proposed Regulatory Action ● Initial Statement of Reasons Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commission on POST, 860 Stillwater Road, Suite 100, West Sacra - mento, CA 95605–1630, at (916) 227–4870.

General questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802. Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11, of the California Code of Regulations, as described below in the Informative Digest. A public hearing is not sched- uled. Pursuant to Government Code

section 11346.8, any interested person, or his/her duly authorized representative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period. PUBLIC COMMENTS DUE BY MARCH 13, 2023.

Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 227–2801, by email to Michelle Weiler at michelle.weiler@post.ca.gov, or by letter to: Commission on POST Attention: Michelle Weiler 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC

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

section 13503(e), which authorizes POST to develop and implement

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 70 programs to increase the effectiveness of law enforce- ment, including programs involving training and education courses. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW On September 30, 2021, Governor Newsom signed Senate Bill (SB) 2. SB 2 made significant changes to existing Government and Penal Codes, respectively. These changes provide for additional peace officer hiring eligibility requirements.

SB 2 also grants POST the authority to certify all peace officers in California, and subsequently take action against those certifica - tions, should POST determine serious misconduct occurred. While the peace officer eligibility hiring requirements went into effect on January 1, 2022, the remaining changes to Government and Penal Codes went into effect on January 1, 2023. This rulemaking action clarifies and makes specif - ic the qualifications of instructors in POST–certified courses.

Currently, Commission Regulation 1052 establishes the requirements for course certification, including instructor qualifications. The regulatory amendment proposed in this rulemaking action will prohibit current or former peace officers who have had their certifications surrendered, suspended, or revoked from being instructors in POST–certified courses. The proposed amendment will also prohibit individuals who are ineligible, or who have become ineligible to be peace officers, pursuant to Government Code

section 1029, from being instructors in POST–certified courses. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will maintain the credibility of peace officer training, reduce potential liabili - ty, and both rebuild and maintain public trust. This will increase the efficiency of the state of California in delivering services to stakeholders. Thus, the law enforcement standards are maintained and effective in preserving public health, safety, and welfare in the state.

The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with existing regulations. After conducting a review for any regulations that would relate to or affect this area, POST has concluded that this is the only regulation that concerns processes and procedures for general qualifications to be an instructor in peace officer training in the state.

FORMS INCORPORATED BY REFERENCE There are no forms incorporated by reference in this proposed action. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Costs to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None.

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

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

RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California, (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed regulations will result in the expansion of businesses currently doing business within the state.

Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by providing clarity to instructor qualifications for POST–certified courses where peace officers or former peace officers have had their cer -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 71 tifications surrendered, suspended, or revoked. Thus, law enforcement standards are maintained and effec - tive in preserving peace, protection of public health, safety, and welfare in California. There would be no impact that would affect worker safety or the state’s environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative it considered, or that has otherwise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Michelle Weiler, Commis - sion on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630 at ( 916 ) 2 2 7 – 4 8 7 0. G e n e r a l questions regarding the regulatory process may be directed to Katie Strickland at (916) 227–2802.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regula - tions, if any, or other information upon which the rule- making is based to, the Commission on POST at 860 S t i l l w a t e r R o a d , S u i t e 1 0 0 , W e s t S a c r a m e n t o , C A 9 5 6 0 5 – 1630. These documents are also located on the POST Website at https://post.ca.gov/Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Com - mission may adopt the proposal substantially as set forth without further notice, or the Commission may modify the proposal if such modifications remain sufficiently related to the text as described in the Informative Digest.

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

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13. DEPARTMENT OF MOTOR VEHICLES AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN t h a t t h e D e p a r t- ment of Motor Vehicles, pursuant to the authority vested in it by

Section 87306 of the Government Code, proposes to amend its Conflict–of–Interest Code. The purpose of these amendments is to implement the requirements of Sections 87300 through 87302, and

Section 87306 of the Government Code. The Department of Motor Vehicles proposes to amend its Conflict–of– Interest Code to include employee positions that involve the making or partici- pation 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. This amendment reflects the organizational structure of the Department of Motor Vehicles as of September 1, 2022 and makes other technical changes to reflect the current organizational structure of the Department. Copies of the amended code are available and may be requested from the contact person set forth below. Any interested person may submit written state - ments, arguments, or comments relating to the pro - posed amendments by submitting them in writing no later than March 6, 2023, or at the conclusion of the public hearing, if a hearing is requested, whichever comes later, to the contact person set forth below.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 72 At this time, no public hearing has been scheduled concerning the proposed amendments. If any inter - ested person or the person’s representative requests a public hearing, he or she must do so no later than February 20, 2023, by contacting the contact person set forth below. The Department of Motor Vehicles has prepared a written explanation of the reasons for the proposed amendments and has available the information on which the amendments are based.

Copies of the pro - posed amendments, the written explanation of the reasons, and the information on which the amend - ments are based may be obtained by contacting the contact person set forth below. The Department of Motor Vehicles has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses.

In making these proposed amendments, the Department of Motor Vehicles must determine that no alternative considered by the agency would be more effective in carrying out the purpose for which the amendments are proposed or would be as effective and less burdensome to affected persons than the proposed amendments. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Randi Calkins, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C–128 Sacramento, CA 94232–3820 Telephone: (916) 282–7294 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, inquiries should be directed to the following backup person: Shelly Johnson Marker, Chief of Staff Telephone: (916) 657–6469 TITLE 13. AIR RESOURCES BOARD NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE PROCEDURES FOR EXEMPTION OF ADD–ON AND MODIFIED PART(

S) FOR ON–ROAD VEHICLES/ENGINES SPECIFIC TO ELECTRIC VEHICLE CONVERSIONS The California Air Resources Board (CARB or Board) will conduct a public hearing at the date and time noted below to consider approving for adop - tion the proposed amendments to the Procedures for Exemption of Add–On and Modified Part(

s) for On– Road Vehicles/Engines specific to electric vehicle conversions. Date: March 23, 2023 Time: 9:00 a.m. In–Person Location: California Air Resources Board Byron Sher Auditorium 1001 I Street Sacramento, California 95814 Remote Option: Zoom This public meeting may continue at 8:30 a.m., on March 24, 2023. Please consult the public agenda, which will be posted ten days before the March 23, 2023, Board Meeting, for important details, including the day on which this item will be considered and how the public can participate via Zoom if they choose to be remote.

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 electron - ic submittal before the hearing. The public comment period for this regulatory action will begin on Janu - ary 27, 2023. Written comments not submitted during the hearing must be submitted on or after January 27, 2023, and received no later than March 13, 2023 . Comments submitted outside that comment period are considered untimely.

CARB may, but is not re - quired to, respond to untimely comments, including those raising significant environmental issues. The Board 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:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 73 Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal https://www.arb.ca.gov/lispub/comm/bclist.php Please note that under the California Public Records Act (Government Code, § 6250 et seq.), your written and oral comments, attachments, and associated con - tact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.

Additionally, the Board requests but does not require that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review. AUTHORITY AND REFERENCE This regulatory action is proposed under the author- ity granted in California Health and Safety Code, sec- tions 39600, 39601, 43000, 43000.5, 43011, and 43107 and Vehicle Code, sections 27156, 38391, and 38395.

This action is proposed to implement, interpret, and make specific Health and Safety Code, sections 39002, 39003, 39500, 43000, 43000.5, 43009.5, 43011, 43107, 43204, 43205, 43205.5, and 43644; and Vehicle Code, sections 27156, 38391, and 38395. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Government Code, § 11346.5,subdivision (a)(3)) SECTIONS AFFECTED Proposed amendments to California Code of Reg - ulations (CCR), title 13, division 3,

chapter 4,

article 2,

section 2222, subdivision (

e) and

section 2224, subdivision (

b) and to the “Procedures for Exemp - tion of Add–On and Modified Part(

s) for On–Road Vehicles/Engines,” as adopted June 29, 2021, incorpo- rated by reference in CCR, title 13, division 3,

chapter 4,

article 2,

section 2222, subdivision (

e) and

section 2224, subdivision (b). DOCUMENTS INCORPORATED BY REFERENCE 1. California Air Resources Board (CARB), “Procedures for Exemption of Add–On and Modified Part(

s) for On–Road Vehicles/Engines,” set forth as Appendix B of the Initial Statement of Reasons. BACKGROUND AND EFFECT OF THE PROPOSED REGULATORY ACTION On June 29, 2021, CARB adopted the “Procedures for Exemption of Add–On and Modified Part(

s) for On–Road Vehicles/Engines” (“Procedure”), effective January 1, 2022, that provides a pathway for after- market parts manufacturers to receive an exemption from the anti–tampering prohibitions of California Vehicle Code (VC)

section 27156. VC

section 27156 generally prohibits the sale, offer for sale, advertise - ment, or installation of any devices that alter the design or performance of any required motor vehicle pollu - tion control device or system. CARB has the statutory authority to exempt non–original equipment compo - nents from this prohibition if it determines that such components will not reduce the effectiveness of any required pollution control device or would not cause vehicle emissions to exceed applicable standards.

Under this authority, CARB previously adopted the “Procedures for Exemption of Add–On and Modified Parts,” which was last amended June 1, 1990. An electric vehicle (EV) conversion is a set of parts that converts a previously certified gasoline–, diesel–, or alternative–fueled vehicle to an EV. Under the existing Procedure, EV conversions are current - ly assessed as Category IX applications, which is a “catch all” category for products that do not fall in any other category.

Although EV conversions are included in Category IX, they are unlike the other aftermarket parts covered by this category that have the potential to adversely affect the emissions of a vehicle. EV conversions are unique when compared to other aftermarket parts, as they completely replace the existing combustion engine, rather than being used in conjunction with it and therefore, removing regulated emissions.

Require- ments of the Procedure that are critical when assessing other aftermarket parts are of limited technical value when assessing an EV conversion due in large part to the fact that the original engine is removed from the vehicle, and assessing the effect of the EV con - version on the now–removed engine is irrelevant. As such, manufacturers of EV conversions have found the existing Procedure confusing to follow when submit - ting a Category IX application.

For example, the existing Procedure requires that within each application category, separate applica - tions must be submitted for each aftermarket part based on the characteristics of the vehicle (e.g., engine size, emission control system, etc.) in which it is intended to be used. This requirement exists because the potential emissions impact of installing an af - termarket part on a vehicle could vary based on the engine and emission control system for that vehi - cle. For EV conversions, these concerns do not ex -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 74 ist, because all sources of combustion emissions are removed from a vehicle when it is converted to an EV. The proposed amendments provide clarity for man - ufacturers of EV conversions through the creation of a new “Category X” application category and

section XI of the Procedure that are specific to EV conversions. The new category and new

section will clearly identi - fy what the requirements are for these types of parts to receive a VC

section 27156 exemption, thereby help - ing to clarify, simplify, and streamline the application process for a manufacturer of these types of products. There is expected to be a small cost savings to manu - facturers of EV conversions due to a reduction in the number of application fees paid by each manufacturer. This rulemaking modifies only portions of the Pro - cedure that pertain to EV conversions. The remainder of the Procedure is unmodified.

The proposed amend- ments are solely intended to apply to EV conversions that have no source of combustion (e.g., engine, fuel– fired heater) and emit no regulated emissions. The modifications are intended to address the unique con - siderations when assessing applications for EV con - versions. The proposed amendments do not apply to EV conversions of vehicles originally certified as EVs, hybrids, or to other types of aftermarket parts other than EV conversions.

CARB may also consider other changes to the sec - tions affected, as listed on page 4 of this notice, or other sections within the scope of this notice, during the course of this rulemaking process. OBJECTIVES AND BENEFITS OF THE PROPOSED REGULATORY ACTION The overall objective of the proposed amendments to the “Procedures for Exemption of Add–On and Modified Part(

s) for On–Road Vehicles/Engines” is to provide clarity and further streamline the Procedure for manufacturers of EV conversions to receive an exemption from the prohibitions of VC

section 27156. No changes to the Procedure for products other than EV conversions are being proposed or considered. These proposed amendments achieve improved clar- ity for manufacturers of EV conversions through the creation of a new application category, “Category X,” and a new section,

section XI, in the Procedure that clearly identify all requirements that apply to these types of products. In addition, the proposed amend - ments may enable manufacturers of EV conversions to submit fewer applications for exemptions, thereby creating a direct cost savings to the manufacturer. The following is a

summary of the key modifica - tions to the Procedure: 1. Adding

definitions for EV, EV conversion, hybrid, and fuel–fired heater; 2. Creating a new application category, “Category X”, solely for EV conversions that have no sources of combustion and emit no regulated emissions; 3. Clarifying the criteria for Category I applications for EV conversions; and 4. Adding a new

section to the Procedure, sec - tion XI, to specifically list all of the application, evaluation, and administrative requirements for EV conversions. No changes are being proposed to the Procedure that impact smog–forming emissions, public health, or greenhouse gas emissions. The proposed amend - ments may have a small but unquantifiable air quality benefit. While the aftermarket parts program does not recognize emission reductions and only grants exemp- tions to the anti–tampering provisions of VC

section 27156, the removal of each internal combustion en - gine and subsequent replacement with an EV conver - sion reduces emissions on a vehicle–by–vehicle basis. The modifications do not add any requirements in the Procedure, but the streamlining and clarification of the process is expected to facilitate EV conversion applications and allow EV conversions to get to the California market sooner. The actual air quality ben - efit will depend on other factors such as the market acceptance of the EV conversion kits; therefore, it is hard to quantify the emission benefit at this early stage.

The proposed amendments do not create any other unquantified benefits such as ecosystem benefits, wel- fare, occupational exposure, the prevention of dis - crimination, the promotion of fairness or social equity, the increase in openness and transparency in business and government, etc. COMPARABLE FEDERAL REGULATIONS The United States Environmental Protection Agency (U.S. EPA) has adopted a regulation governing volun- tary aftermarket parts certification: Code of Federal Regulations, title 40,

Chapter I, Subchapter C,

Part 85, Subpart V “Emissions Control System Performance Warranty Regulations and Voluntary Aftermarket

Part Certification Program.” This regulation establish- es a voluntary self–certification program. In contrast, CARB’s aftermarket parts procedures require after - market part manufacturers that wish to market and sell product in California to receive and obtain an exemp - tion from the anti–tampering provisions of VC

section 27156 before they can offer parts for sale in California.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 75 AN EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS (Government Code, § 11346.5, subdivision (a)(3)(D)) During the process of developing the proposed regulatory action, CARB conducted a search of any similar regulations on this topic and concluded these regulations are neither inconsistent nor incompatible with existing state regulations. MANDATED BY FEDERAL LAW OR REGULATIONS (Government Code, §§ 11346.2, subdivision (c), 11346.9) This Procedure is not mandated by federal law or regulation.

DISCLOSURE REGARDING THE PROPOSED REGULATION FISCAL IMPACT/LOCAL MANDATE DETERMINATION REGARDING THE PROPOSED AMENDMENTS (Government Code, § 11346.5, subdivisions (a)(5)&(6)) The determinations of the Board’s Executive Officer concerning the costs or savings incurred by public agencies and private persons and businesses in reasonable compliance with the proposed regulatory action are presented below.

Under Government Code sections 11346.5, subdivi- sion (a)(5) and 11346.5, subdivision (a)(6) the Execu- tive Officer has determined that the proposed amend - ments would not create costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create costs or man - date to any local agency or school district, whether or not reimbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with

section 17500), or other nondiscretionary cost or savings to State or local agencies. The only potential economic impact of the proposed amendments may be a cost savings to businesses if a business is able to submit fewer applications for EV conversions, thereby, paying fewer application fees. The application fee for an EV conversion is $1,290. 1 This potential cost savings is not expected to be passed through to purchasers of the EV conversions. If man - 1 California Code of Regulations, title 13, division 3,

chapter 16,

article 5,

section 2910. https://ww2.arb.ca.gov/sites/default/files/ barcu/regact/2021/mobilesourcefee2021/fro.pdf. ufacturers of EV conversions are able to submit fewer applications, the amount of application fees collected by CARB will be reduced by $1,290 per application. However, the amount of time spent by CARB staff reviewing the applications will be reduced by an amount that is proportional to the reduction in appli - cation fees.

For example, if the number of applications under the proposed amendments is reduced compared to the existing Procedure, both the total application fees collected and the workload to process the appli - cations would both be reduced by a commensurate amount, resulting in no fiscal impact on CARB over - all. As explained in

Section IX of the Initial Statement of Reasons (ISOR), the estimated reduction in applica- tion fees would be equal to the cost savings to manu- facturers, which could be an aggregate total of $17,000 per year or $85,000 over a 5–year period. HOUSING COSTS (Government Code, § 11346.5, subdivision (a)(12)) The Executive Officer has also made the initial determination that the proposed regulatory action will not have a significant effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (Government Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a)(7), 11346.5, subdivision (a)(8)): The Executive Officer has made an initial determi - nation that the proposed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT (Government Code, § 11346.5, subdivision (a)(10)) Effect on Jobs/Businesses: The Executive Officer has determined that the pro - posed regulatory action would not affect the creation or elimination of jobs within the State of Califor - nia, the creation of new businesses or elimination of existing businesses within the State of California, or the expansion of businesses currently doing business within the State of California. A detailed assessment of the economic impacts of the proposed regulatory

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 76 action can be found in the Economic Impact Analy - sis in the ISOR. There is expected to be a small cost savings to manufacturers of EV conversions due to a reduction in the number of application fees paid by each manufacturer. Benefits of the Proposed Regulation: The objective of the proposed amendments is to clarify and further streamline the Procedure for exempting EV conversions from the prohibitions of VC

section 27156 and to assist aftermarket parts man- ufacturers of EV conversions in the process of sub - mitting an application for this exemption. There is expected direct cost savings to manufacturers of EV conversions due to a reduction in the number of appli- cation fees paid by each manufacturer. There are no direct, quantifiable expected benefits to the health and welfare of California residents, worker safety, or the state’s environment. However, the proposed amend - ments may have small but unquantifiable air qual - ity benefits on a vehicle–by–vehicle basis from the removal of each internal combustion engine and sub - sequent replacement with an EV conversion kit. For a

summary of the benefits of the proposed amendments, please refer to “Objectives and Benefits,” under the Informative Digest of Proposed Action and Policy Statement Overview Pursuant to Government Code

section 11346.5, subdivision (a)(3) discussion on page 4. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES (Government Code, § 11346.5, subdivision (a)(9)) In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on represen- tative private persons or businesses. CARB is not aware of any cost impacts that a representative private per - son would necessarily incur in reasonable compliance with the proposed action.

The proposed amendments may enable manufacturers of EV conversion kits to submit fewer applications for exemptions, thereby cre- ating a direct cost savings to the manufacturer. This potential cost savings is estimated to be approximately $1,000 per year. (See the Economic Impact Analysis in the ISOR for a more detailed analysis.) EFFECT ON SMALL BUSINESS (Cal. Code Regs., title 1, § 4, subdivisions (

a) and (b)) The Executive Officer has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action may affect small busi - nesses.

The potential cost savings for small businesses is also estimated to be approximately $1,000 per year. (See the Economic Impact Analysis in the ISOR for a more detailed analysis.) CONSIDERATION OF ALTERNATIVES (Government Code, § 11346.5, subdivision (a)(13)) Before taking final action on the proposed regula - tory action, the Board must determine that no reason - able alternative considered by the Board, 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 action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equal - ly effective in implementing the statutory policy or other provisions of law.

Staff considered two alter - natives to the proposed amendments. As explained in

section X of the ISOR, no alterative proposal was found to be less burdensome and equally effective in achieving the purposes of the proposed regulation in a manner that ensures full compliance with the authorizing law. Staff has not identified any reason - able alternatives that would lessen any adverse impact on small business. ENVIRONMENTAL ANALYSIS CARB, as the lead agency for the proposed amend - ments, has prepared an environmental analysis under its certified regulatory program (California Code of Regulations, title 17, sections 60000 through 60008) to comply with the requirements of the California Environmental Quality Act (CEQA); Public Resources Code

section 21080.5). CARB has determined that the proposed amend - ments are exempt from CEQA under the “general rule” or “common sense” exemption (Cal. Code Regs., title 14 § 15061(b)(3)). Based on CARB’s review it can be seen with certainty that there is no possibility that the proposed amendments may result in a significant adverse impact on the environment; therefore, this ac- tivity is exempt from CEQA. The basis for reaching this conclusion is provided in

Chapter VII of the ISOR. 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 language needs, please contact the Clerks’ Office

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 77 at cotb@arb.ca.gov o r ( 9 1 6 ) 3 2 2 – 5 5 9 4 a s s o o n a s 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 Ilame 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 antes del día programado para la audiencia del Con - sejo. TTY/TDD/Personas que necesiten este ser - vicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency repre- sentative Shawn Daley, Manager, Aftermarket Diesel and Off–Road Section, at (951) 542–3134 or at shawn. daley@arb.ca.gov or (designated back–up contact) Sarah Carter, Staff Air Pollution Specialist, at (951) 542–3100 or at sarah.carter@arb.ca.gov. AVAILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the proposed regula- tory action, which includes a

summary of the economic and environmental impacts of the proposal. The report is entitled: Public Hearing to Consider the Proposed Amendments to the On–Road Aftermarket Parts Procedure Specific to Electric Vehicle Conversions. Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to allow for comparison with the existing regulations, may be accessed on CARB’s website listed below, on January 24, 2023. Please contact Bradley Bechtold, Regulations Coordinator, at Bradley.Bechtold@arb. ca.gov or (279) 208–7266 if you need physical copies of the documents.

Because of current travel, facility, and staffing restrictions, the California Air Resources Board’s offices have limited public access. Pursuant to Government Code

section 11346.5, subdivision (b), upon request to the aforementioned Regulations Coordinator, physical copies would be obtained from the Public Information Office, California Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814. Further, the agency representative to whom non– substantive inquiries concerning the proposed administrative action may be directed is Bradley Bechtold, Regulations Coordinator, at Bradley. Bechtold@arb.ca.gov or (279) 208–7266.

The Board staff has compiled a record for this rulemaking action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons. Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to allow for comparison with the existing regulations, may be accessed on CARB’s website listed below, on January 24, 2023. Please contact Bradley Bechtold, Regulations Coordinator, at bradley.bechtold@arb. ca.gov or (279) 208–7266 if you need physical copies of the documents.

Because of current travel, facility, and staffing restrictions, the California Air Resources Board’s offices have limited public access. Pursuant to Government Code

section 11346.5, subdivision (b), upon request to the aforementioned Regulations Co - ordinator, physical copies would be obtained from the Public Information Office, California Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814. Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed adminis - trative action may be directed is Bradley Bechtold, Regulations Coordinator, (279) 208–7266.

The Board staff has compiled a record for this rulemaking action, which includes all the information upon which the pro- posal is based. This material is available for inspection upon request to the contact persons. HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340). Following the public hearing, the Board may take action to approve for adoption the regulatory lan - guage as originally proposed, or with non–substantial or grammatical modifications. The Board may also approve for adoption the proposed regulatory language with other modifications if the text as modified is suf- ficiently related to the originally proposed text that the public was adequately placed on notice and that the regulatory language as modified could result from the proposed regulatory action. If this occurs, the full reg- ulatory text, with the modifications clearly indicated,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 78 will be made available to the public, for written com - ment, at least 15–days before final adoption. The public may request a copy of the modified reg - ulatory text from CARB’s Public Information Office, California Air Resources Board, 1001 I Street, Visi - tors and Environmental Services Center, First Floor, Sacramento, California, 95814.

FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available on CARB’s website for this rulemaking at https://ww2.arb.ca.gov/rulemaking/2023/evconversion The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.

For a list of simple ways you can reduce demand and cut your energy costs, see CARB’s website (www.arb.ca.gov). TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY RECYCLING AND DISPOSAL REPORTING SYSTEM REGULATORY PERMANENT REGULATIONS AFFECTED REGULATORY SECTIONS Title 14. Natural Resources Division 7. Department of Resources Recycling and Recovery

Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Article 9.25. Recycling and Disposal Reporting System Sections 18815.1 – 18815.12, excluding 18815.10 Title 14. Natural Resources Division 7. Department of Resources Recycling and Recovery

Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Article 9. Annual Report Regulations

Section 18794.2 PROPOSED REGULATORY ACTION The Department of Resources Recycling and Recov- ery (CalRecycle) proposes to amend California Code of Regulations, Title 14,

Article 9.25, sections 18815.1, 18815.2, 18815.3, 18815.4, 18815.5, 18815.6, 18815.7, 18815.8, 18815.9, 18815.11, and 18815.12 and

Article 9,

section 18794.2 in order to clarify existing language and implement new reporting requirements added by Senate Bill (SB) 343 (Allen,

Chapter 507, Statutes of 2021) and Assembly Bill (AB) 881 (Gonzalez,

Chapter 501, Statutes of 2021). PUBLIC HEARING CalRecycle will hold a hybrid public hearing start - ing at 1:00 p.m., on March 15, 2023 and concluding upon submission of any public hearing comments. The public hearing will be accessible in person in the Byron Sher Room located on the 2nd floor of the CalRecycle headquarters at 1001 I Street, Sacramen - to, California. The Byron Sher room is wheelchair accessible. The public hearing will also be accessible virtually via Zoom.

Instructions for how to access the Zoom public hearing, including the specific Zoom link, can be found on CalRecycle’s website ( https:// calrecycle.ca.gov/laws/rulemaking/rdrsupdates/). At the public hearing, any person may present state- ments or arguments, orally, in writing, or in the chat of the Zoom meeting, relevant to the proposed action. CalRecycle requests, but does not require, that any per- son who makes oral comments also submit a written copy of their testimony at the hearing. All comments in the virtual hearing will be collected and recorded.

WRITTEN COMMENT PERIOD The written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amend - ments to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the pro - posed amendment, should indicate the amended sec - tion to which the comment or comments are directed. CalRecycle will only consider written comments sent to CalRecycle and received during the written com -

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 79 ment period, which begins on January 27, 2023, and ends at the conclusion of the rulemaking hearing on March 15, 2023. Additionally, CalRecycle requests that written comments reference a subsection or

section of the proposed action. Written comments received by CalRecycle after the close of the public comment period will not be responded to in the rulemaking file. Submit your written comments to: Donnet McFarlane Recycling and Disposal Reporting System Regulatory Update Department of Resources Recycling and Recovery, Regulations Unit, 1001 “I” St., MS– 24B, Sacramento, CA 95814 During the 45–day comment period, written com - ments may also be emailed to: regulations@calrecycle. ca.gov AUTHORITY AND REFERENCES Public Resources Code sections 40502, 41781.4, 41821.5(c), and 42355.51(d)(1)(

A) provide author - ity for the regulatory updates. The following is a list of references cited in the proposed regulations: Public Resources Code 41780, 41780.1, 41781.4, 41782, 41813, 41821, 41821.5, 41821.6, 41821.7, 41821.8, 41850, 42355.51(d)(1)(A), and 42652.5; Health and Safety Code 39730.6. INFORMATIVE DIGEST

Summary of Existing Laws and Proposed Regulations Existing law, AB 901 (Gordon,

Chapter 746, Statutes of 2015) expanded CalRecycle’s authority to adopt regulations regulating the reporting of recycling and composting streams and disposal streams. After the enactment of AB 901, CalRecycle promulagated new reporting regulations and created the Recycling and Disposal Reporting System (RDRS) to gather information necessary to help the state accomplish various statewide waste and recycling mandates and goals, such as the 50% diversion mandate (AB 939, Sher,

Chapter 1095, Statutes of 1989), a 75 percent reduction of disposal goal ( AB 341, Chesbro, Chap - ter 476, Statutes of 2011 ), mandatory commercial organics recycling ( AB 1826, Chesbro,

Chapter 727, Statutes of 2014 ), and reducing short–lived climate pollutant emissions from landfills ( SB 1383, Lara,

Chapter 395, Statutes of 2016). These proposed regulations improve and increase the data in RDRS that can be used towards those waste and recycling goals. For example, reporting in RDRS began in third calendar quarter of 2019. After a few years of this reporting, CalRecycle has determined several instances where existing regulations could be amended to either clarify the regulations or im - prove the quality of the collected data. These regu - lations will also be updated to reflect various non– substantive changes such as correcting obsolete ref - erences and citation changes. Additionally, building upon existing statutes, AB 881 (Gonzalez,

Chapter 501, Statutes of 2021) and SB 343 (Allen,

Chapter 507, Statutes of 2021) became effective in 2022. These stat- utes direct RDRS to collect additional information related to disposal and diversion. The proposed regu - lations also update references to the California Public Records Act as recodified in AB 473 (Chau,

Chapter 614, Statutes 2021). Existing law, AB 881 classifies the export of mixed plastic materials as disposal for the purposes of AB 939. Mixed plastic excludes polyethylene terephthal - ate (resin code #1), high–density polyethylene (#2), and polypropylene (#5), and certain countries are not considered export for the purposes of the statute.

However, by requiring that the export of typically less recyclable plastics (i.e., 3, 4, 6, and 7) be considered disposal, AB 881 prevents California from assuming that such materials are diverted from disposal for the purposes of calculating the state’s diversion goals and mandates. These regulations update RDRS to collect the jurisdiction of origin for exported mixed plastics for assignment of disposed tons as disposal to that jurisdiction of origin in order to comply with AB 881. Existing law, SB 343 also relates to recyclables, but to labeling rather than disposal calculations.

Specifically, SB 343 regulates the use of the “chasing arrows” sym- bol on products and packaging. With some exceptions, SB 343 requires that products and packaging must be recyclable if they display the chasing arrows sym - bol or other labeling directing consumers to recycle the material. SB 343 does not empower CalRecycle to determine whether an affected good is recyclable. Instead, SB 343 requires CalRecycle to gather infor - mation about materials: how the materials that are obtained or processed for recovery are collected (i.e., collection method) and what materials are recovered.

These regulations update RDRS to gather the col - lection method for the materials that are recovered as required by SB 343. Policy Statement Overview The objectives of the proposed regulatory amend - ments are two–fold. First, SB 343 and AB 881 require CalRecycle to update RDRS to capture additional data. SB 343 requires more specific information about material col- lection and the types and forms of material that are actively recovered and not considered contaminants. AB 881 requires information regarding the juris - dictions of origin for certain exported mixed plastic wastes.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 80 Second, CalRecycle wants to improve the quality of data already collected in RDRS by altering some existing regulations. The proposed updates will clar - ify how entities should register and report, as well as capture greater detail for certain reportable activities. The proposed amendments will provide several benefits. New data collected pursuant to SB 343 will provide information that will improve understanding of the recyclability of various products. Data associat- ed with AB 881 will help CalRecycle more accurately assess disposal in state.

Likewise, improving the qual- ity of existing datasets will help CalRecycle and local governments better devise strategies to achieve Cal - ifornia’s waste management and recycling goals and mandates, such as reducing waste (AB 939, AB 341, AB 1826) and increasing sustainability of the econo - my (e.g., SB 1335, Allen,

Chapter 610, Statutes of 2018; SB 54, Allen,

Chapter 75, Statutes of 2022). Existing Comparable Federal Regulation or Statute There are no federal statutes or regulations that are comparable to the proposed regulations. Consistency with State Regulations After conducting an evaluation of any regulations relating to this area, CalRecycle has found that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. The proposed regulations only amend existing require - ments for RDRS.

MANDATE ON STATE AGENCIES, LOCAL AGENCIES, OR SCHOOL DISTRICTS CalRecycle has determined that the proposed reg - ulations do not impose a mandate on state agencies, local agencies, or school districts. FISCAL IMPACT Costs or savings to any state agency CalRecycle estimates that the proposed regulations will impose costs but not generate savings for the state. CalRecycle believes that these costs can be covered by normal operating expenses. These expenses may comprise a new Information Technology Associate position for one year ($164,667, including overhead).

Reimbursable costs to local agencies or school districts The proposed regulations may impose a cost on local agencies that operate facilities subject to the regulations. However, CalRecycle concluded that the costs of the proposed regulations are not reimbursable by the state. Reimbursable costs are those that man - date a new program or higher level of service. The proposed regulations do not mandate a new program or higher level of service, and the associated costs are not unique to local governments.

Non–discretionary cost or savings imposed upon local agencies As mentioned above, the proposed regulations will impose a cost on government–run facilities and oper - ations. CalRecycle estimates that the total cost to such entities in the first, second, and third years of the reg - ulations will be, respectively, $852,717, $836,276, and $836,276. The first year has a higher cost due to initial training required to understand the new regulations. Costs or savings in Federal funding to the state The proposed regulatory updates do not affect any federally funded State agency or program.

EFFECT ON HOUSING COSTS CalRecycle has determined that the proposed regu - lations will not significantly affect housing costs. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES, INCLUDING ABILITY TO COMPETE CalRecycle has determined that the action will not have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The average cost to businesses is expect - ed to be $3,772 per year, which should not significantly affect California businesses.

This result is discussed further in Appendix A to the Economic and Fiscal Impact Statement (STD 399). STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT CalRecycle determined that the proposed regulations do not constitute a major regulation according to Government Code

section 11342.548. Thus, CalRecycle conducted an Economic Impact Assessment. Creation or Elimination of Jobs CalRecycle anticipates that the updated regulations will not significantly affect jobs within California. The economic analysis revealed that only approxi - mately 70 new full–time positions would be necessary to satisfy the requirements of the regulations. Not all these positions may be created, since some businesses may satisfy the new requirements using existing staff.

Regarding loss of jobs, since the new regulations are unlikely to cause business closure, the regulations will likely not eliminate positions within California. Creation or Elimination of Businesses The regulatory changes will neither create nor elim- inate businesses. For business creation, the regulatory updates do not incentivize the creation of businesses.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 81 Rather, the changes alter and increase reporting for operations within the waste and recycling industries. Regarding the elimination of businesses, the estimated annual cost of the regulations for an average operation was $3,772. This cost is small enough that it should not cause any affected businesses to cease operations. Expansion of Businesses Other than facilities that hire more staff to meet the additional requirements that the updated regulations create, the new regulations should likely not expand existing businesses in California.

The new regulations change data collection and reporting requirements for businesses. The regulations do not incentivize busi - nesses to increase their operations, or require busi - nesses to acquire, process, and transfer more materials. Benefits of the Proposed Action The proposed changes to the RDRS regulations will improve the state’s environment and the health and welfare of California residents.

The updates will im - prove the quality and increase the detail of data col - lected within RDRS, particularly regarding the mate - rial type of recycled or otherwise recovered materials, jurisdiction of origin for solid waste and exported mixed plastic, and source sector. These datasets will help the public evaluate products pursuant to the label- ing requirements of SB 343, improve the information available to jurisdictions regarding their disposal and progress towards disposal mandates, and provide en - hanced granularity of the source sector of solid waste.

In combination, these datasets will also help CalRe - cycle create strategies for reducing statewide dispos - al and moving the state towards a circular economy. There are no anticipated benefits to worker safety. DESCRIPTION OF COSTS THAT A REPRESENTATIVE PERSON OR BUSINESS WILL INCUR The proposed regulations will require reporting entities to gather, transfer, and submit to CalRecycle disposal and recycling information, including the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state.

The cost impacts of the regulations will stem from the time needed for: 1) training on how to com - ply with the regulations, 2) collecting the new data re- quired by the regulations, 3) sharing new data among entities, and 4) reporting new data to CalRecycle within RDRS. FINDING ON NECESSITY OF REPORTS California Government Code

section 11346.3(

d) provides that regulations that require reporting behavior “shall not apply to businesses, unless the state agency...[finds] that it is necessary for the health, safety, or welfare of the people of the state.” While the proposed regulatory updates do address reporting requirements, the proposed regulations do not create these requirements. Rather, sections 41821.5(

c) and 42355.51(d)(1)(

A) of the Public Resources Code cre - ate the reporting requirements and direct CalRecycle to adopt regulations to implement them, including by prescribing the practices and procedures for creating a reporting system. Neither the existing regulations nor the proposed updates require additional reporting beyond what is reasonable and necessary to implement statutory requirements. Moreover, the proposed regu - lations add specificity and detail, which will enable CalRecycle to fulfill its various statutory mandates as well as to create strategies to accomplish the state’s waste diversion and circular economy goals.

Accord - ingly, even if the proposed regulations constitute a reporting requirement pursuant to Government Code

section 11346.3(d), they satisfy the requirement that they are necessary for the health, safety, and welfare of the people of the state. EFFECT ON SMALL BUSINESS CalRecycle has determined, pursuant to California Code of Regulations, title 1,

section 4, that the pro - posed regulatory action would affect small business - es. However, the Department has also determined the proposed regulations will not have a significant, state- wide adverse impact on small businesses and will not impede the ability of small businesses to compete in other states.

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

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Donnet McFarlane 1001 I Street, MS–24B Sacramento, CA 95812 Email: Regulations@calrecycle.ca.gov Telephone: (916) 327–0089 The backup contact person is:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 82 Craig Castleton 1001 I Street, MS–24B Sacramento, CA 95812 Email: Regulations@calrecycle.ca.gov Telephone: (916) 327–0089 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS As of the date this notice is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulation, the Initial State - ment of Reasons, the Economic Impact Statement, the Fiscal Impact Statement, and the appendices to the impact statements.

The rulemaking file and all infor - mation that provides the basis for the proposed reg - ulation will be available for inspection and copying throughout the rulemaking process at the following address: 1001 I Street, Sacramento, CA 95814. AVAILABILITY OF CHANGED OR MODIFIED TEXT CalRecycle may adopt the proposed regulations substantially as described in this Notice. If CalRecycle makes modifications that are sufficiently related to the originally proposed text pursuant to Government Code

section 11346.8(c), it will make the modified text, with changes clearly indicated, available to the public for at least 15 days before CalRecycle adopts the regulations as revised. Requests for the modified text should be made to the contact persons named above. CalRecycle will transmit the modified text to anyone who testi - fies at the public hearing, submits a written comment at the public hearing, provides a comment during the comments period, or otherwise requests to be notified.

CalRecycle will accept written comments on the mod- ified regulation for at least 15 days after the date on which they are made available. FINAL STATEMENT OF REASONS The Final Statement of Reasons will be available at 1001 I Street and the rulemaking website, https://calre- cycle.ca.gov/laws/rulemaking/rdrsupdates/. INTERNET ACCESS For more timely access to the rulemaking file, and in the interest of waste prevention, interested parties are encouraged to access the Department’s Inter - net webpage for the rulemaking at https://calrecycle. ca.gov/laws/rulemaking/rdrsupdates/.

All rulemaking files can be downloaded directly from the website. TITLE 14. FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 203, 203.1, 265, 1050 and 4902 of the Fish and Game Code and to imple - ment, interpret or make specific sections 1050, 3950 and 4902 of said Code, proposes to amend

Section 362, Title 14, California Code of Regulations, relating to Nelson bighorn sheep hunting. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current regulations in

Section 362 provide defini - tions, hunting zone descriptions, season opening and closing dates, tag quotas (total number of hunting tags to be made available), and bag and possession limits for Nelson bighorn sheep hunting. Individuals are awarded a bighorn sheep hunting tag through the Department’s Big Game Drawing. A limited number of fundraising tags are also available for purchase, usually by auction, via non–governmental organiza - tions that assist the Department with fundraising. Harvest of a Nelson bighorn sheep is authorized for an individual with a tag for a respective hunt zone and season.

Tag quotas are established based on a variety of factors including population density and abundance, age and sex composition, and distribution. The Department has identified the following areas in which bighorn sheep hunting opportunities need to be reduced. The proposed changes to

Section 362 includes amending subsection 362(

d) to modify the hunt tag quota for the general lottery in the Marble and Clip - per Mountains Hunt Zone 1 and a pertinent fundrais - ing tag. Currently, the Marble and Clipper Mountains public tag quota is 5 tags, and 1 for the Marble, Clip - per, and South Bristol Mountains Fundraising tag. For 2023, the proposed tag allocation for the Marble and Clipper Mountains is [0–5] tags for the public tag quo- ta, and [0–1] rams for the Marble, Clipper, and South Bristol Mountains Fundraising Tag.

The Marble and Clipper Mountains populations have been subject to extreme drought, low recruitment, and respiratory disease in recent years, and the most recent population estimates suggest a decline. Specifically, the Department’s 2022 population estimate from the summer of 2022 was only 25 to 83 adult male sheep such that the mature (2–yrs+) population available for hunting could be less than 25 rams. Therefore, the cur- rent tag quota of 5 tags may exceed the 15% thresh - old.

Furthermore, annual surveys during 2015–2022 indicated between 0 and 0.18 lambs per ewe survived from the previous year to be counted as yearlings

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 83 (i.e., recruitment). The minimum recruitment rate for a sustainable population is on the order of 0.20. Low recruitment rates are attributed to impacts from severe drought, and to impacts of a respiratory dis - ease–causing pathogen (Mycoplasma ovipneumoniae) first detected in the Marble Mountains population in 2013. For these reasons, a tag quota range is proposed that will allow consistency with management unit plan recommendations and prevent a possible violation of Fish and Game Code.

Due to concerns regarding the low population and reproduction estimates, the Department is taking a precautionary approach by proposing the option of reducing the total tag quota by up to six tags for next year’s season. The Department will consider minimum population viability recom - mendations in unit planning documents for the Marble and Clipper Mountains units, and the desert bighorn sheep population statewide when recommending har - vest tag quotas.

Benefit of the Regulations: The proposed regulatory action is designed to help achieve management objectives related to current environmental, biological, and social conditions, as outlined in the Marble and Clipper Mountains Man - agement Plans, and to comply with the 15 percent threshold identified in Fish and Game Code 4902(b) (2). Consistency and Compatibility with Existing Regulations:

Article IV,

Section 20 of the State Constitution spec- ifies that the Legislature may delegate to Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. Commis - sion staff has searched the California Code of Regu - lations and has found no other state regulations that address the tag quotas (total number of hunting tags to be made available), and bag and possession limits for bighorn sheep hunting.

The Commission has reviewed its own regulations and finds that the proposed reg - ulations are consistent with other big game mammal regulations in Title 14, CCR, and therefore finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. PUBLIC PARTICIPATION COMMENTS SUBMITTED BY MAIL OR EMAIL It is requested, but not required, that written com - ments be submitted on or before April 6, 2023 at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed, or emailed to the Com - mission office, must be received before 12:00 noon on April 14, 2023. If you would like copies of any mod - ifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244–2090.

NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Resources Headquarters Building Auditorium, 715 P Street, Sacramento, California, which will commence at 8:30 a.m., on Wednesday, February 8, 2023, and may continue at 8:30 a.m. on Thursday, February 9, 2023, or as soon as thereafter as the matter may be heard. This meeting will also include the opportunity to participate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hear - ing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. NOTICE IS ALSO GIVEN that any person inter - ested may present statements, orally or in writing, rel- evant to this action at a webinar/teleconference hear - ing which may commence at 8:30 a.m. on Wednes - day, April 19, 2023, and may continue at 8:30 a.m., on Thursday, April 20, 2023.

Instructions for partic - ipation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, P.O. Box 944209, Sacramento, California 94244– 2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concerning the regulatory process to Melissa Miller– Henson or Maurene Trotter at FGC@fgc.ca.gov or at the preceding address or phone number.

Regina Vu, Department of Fish and Wildlife, ( Regina.Vu@ wildlife.ca.gov or (916) 516–2132), has been desig - nated to respond to questions on the substance of the proposed regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 84 AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission dif - fer from but are sufficiently related to the action pro - posed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopt - ed pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regula - tions prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person in- terested may obtain a copy of said regulations prior to the date of adoption by contacting the agency repre - sentative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/ RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a signifi - cant statewide adverse economic impact direct - ly affecting business, including the ability of California businesses to compete with business - es in other states.

The Commission estimates that five hunting guides that contract with big - horn sheep tag holders to provide guide services will lose the opportunity to compete for contracts for trips with five hunters with drawn tags and one hunter with a fundraising tag due to the pro - posed reduction in tags. However, in sum, the proposed regulation is not anticipated to have a significant statewide adverse economic impact directly affecting business broadly, including the ability of California businesses to compete with businesses in other states.

This regulatory action will not impose cost impacts that a representative individual hunter would necessarily incur in rea - sonable compliance with the proposed regulation. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate the creation of jobs and anticipates the elimination of up to 1 full–time–equivalent (FTE) job comprised of 15 temporary (3.5 week) jobs for hunting guide aids (sub–guides) within the state.

No significant impacts to the creation of new business, the elim- ination of existing businesses, or the expansion of businesses in California are anticipated. The Commission does not anticipate direct benefits to the general health and welfare of California resi - dents or to worker safety, but anticipates benefits to the environment. (

c) Cost Impacts on a Representative Private Person or Business: The Commission estimates that five bighorn sheep guides will lose the opportunity to com - pete for contracts for hunting trips with four pub- lic tag hunters and one fundraising tag hunter due to the proposed reduction in tags for the affected hunt zone.

The hunt guides receive an estimated average of $9,000 per public drawn hunt and an average of $14,500 for a fundraising tag hunt and with the loss of six hunts the combined loss to all bighorn sheep guides is estimated to be approx - imately $59,500 over the hunting season ($9,000 × 5) public tags + ($14,500 × 1) fundraising tag = $59,500 or approximately $11,900 per guide in in- come opportunity losses. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Department anticipates an estimated decline of $73,534 in tag sales revenue with the implementation of the proposed regulation. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 85 None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis - sion has drafted the regulations in Plain English pur - suant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 17.

CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE TITLE 17. – PUBLIC HEALTH DIVISION 4 – CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE

CHAPTER 1,

SECTION 100006 Date: January 27, 2023 Deadline for Submission of Written Comment: March 13, 2023 –5:00 p.m. Public Hearing Date: None Scheduled Subject Matter of Proposed Regulation: Conflict–of–Interest Rules Applicable to Non–ICOC Members of the Treatments and Cures Accessibility and Affordability Working Group SUBMITTAL OF COMMENTS Any interested party may present comments in writing about the proposed regulations to the agency contact person named in this notice. Written com - ments must be received no later than March 13, 2023.

Comments regarding this proposed action may also be transmitted via email to comments@cirm.ca.gov or by facsimile transmission to (415) 396–9141. PUBLIC HEARING At this time, no public hearing has been scheduled concerning the proposed regulations. If any interested person or the person’s representative requests a pub - lic hearing, they must do so in writing no later than February 27, 2023. SECTIONS AFFECTED The proposed regulatory action adds

Section 100006 to

Chapter 5 of Title 17 of the California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Institute for Regenerative Medicine (“Institute” or “CIRM”) was established in 2004 after the passage in 2004 of Proposition 71 (Prop 71), the California Stem Cell Research and Cures Initiative. The statewide ballot measure established a new state agency to make grants and provide loans for stem cell research, research facilities and other vital research opportunities. The Independent Citizens’ Oversight Committee (“ICOC”) is the 35– member governing board for the Institute.

The ICOC members are pub - lic officials, appointed on the basis of their experience earned in California’s leading public universities, non–profit academic and research institutions, patient advocacy groups, and the biotechnology industry. The goal of CIRM is to sponsor and facilitate research in regenerative medicine that will advance scientific understanding and result in the development of therapies and treatments for a wide range of devastating diseases. Under Prop 71, the ICOC receives guidance from three working groups delving into ethical stan - dards, grants review, and facilities funding.

Health & Safety Code, § 125290.50. Each of the working groups has patient advocates from the ICOC, as well as outside experts, among its members. Proposition 14 (2020) authorized the state to issue $5.5 billion worth of bonds to fund CIRM and enable it to continue its operations. It also created a fourth working group, the Treatments and Cures Accessibility and Affordability Working Group. Id., § 125290.75.

Because the working groups are purely advisory and have no final decision–making authority, mem - bers of the working groups shall not be considered public officials, employees, or consultants for pur - poses of the Political Reform Act (Title 9 (commenc - ing with

Section 81000) of the Government Code), Sections 1090 and 19990 of the Government Code, and Sections 10516 and 10517 of the Public Contract Code. Id., § 125290.50(e)(3). Health and Safety Code

section 125290.50(

e) requires the Board to adopt

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 86 conflict–of–interest rules to govern non–ICOC mem - bers of the working groups. See Cal. Code Reg. title 1, §§ 100001–100004. Health and Safety Code

section 125290.40(

m) also authorizes CIRM to adopt interim regulations to take effect immediately and to remain in effect for 270 days unless they are superseded by regulations adopted pursuant to the Administrative Procedure Act prior to this time. In December of 2022, the ICOC deter - mined to establish an interim regulation establishing a conflict–of–interest policy applicable to non–ICOC members of the AAWG, to go into effect January 15, 2023, to ensure the work of the AAWG moves forward under COI rules while the agency pursues permanent adoption of those rules via formal APA process.

This policy is modeled on the regulations of existing CIRM working groups, primarily that of the Grants Working Group (Cal. Code Reg. title 1, § 100003) but tailored to the specifics of the AAWG members, which are not composed of individual scientists who may engage in collaborative research. This proposed regulation prohibits non–ICOC members of the AAWG from receiving a benefit from CIRM funding and requires disclosure and disqual - ification. They are modeled on the working group conflict–of–interest rules found in Title 1,

section 100003 of the California Code of Regulations. The proposed language identifies three types of potential conflicts of interest: 1) Financial; 2) Professional; and 3) Personal. Financial conflicts of interest rules seek to identify circumstances where a financial benefit may accrue to the non–ICOC member or his or her immediate fam - ily as a result of a given outcome on an application or contract before the working group.

Here, the mem - ber will have a conflict if they have an employee of or otherwise has a financial interest in the applicant institution, subcontractor, or other key person on the application. The member also will have a conflict if the member is under consideration for employment with the applicant or key parties on the application or stands to benefit in any amount from the applicant under review. Key terms such as “Subcontractor,” “Partner,” “Key Personnel,” and “Financial Interest” are defined in the policy and are identical to their usage in the Grants Working Group (“GWG”) context, as well.

Professional Conflicts of Interest –A non–ICOC member will have a professional conflict–of–interest if the member and key person on the application are engaged in or planning to be engaged in a joint proj - ect. This rule follows the rule as applied in the GWG context but is modified to exclude rules that reached research collaborations unique to the types of review - ers on the GWG.

Personal Conflicts of Interest –Finally, a non–ICOC member of the AAWG will have a personal COI in two circumstances: 1) where a family member or close friend is a key person on the application; and 2) where there member and a key person have been on opposing sides of a lawsuit or similar dispute. This provision is identical to the rule applied to the work of the GWG. Disclosures To aid in implementing the COI rules, each non– ICOC member will be asked to disclose to CIRM, confidentially, companies, institutions and real prop - erty in which the member has an interest that could present a conflict.

The categories mirror those of the GWG, and include income or gifts received from a California–based academic or non–profit research organization, income from or investments in a publicly–held biotechnology or pharmaceutical com - pany, income from a privately–held biotechnology company, and certain real property interests in California.

Exceptional Circumstances In alignment with the Institute’s COI policies appli- cable to the other working groups and advisory panels, the proposed policy allows CIRM’s President/CEO to allow participation by an otherwise conflicted mem - ber where the need for special expertise of the review- er outweighs any possible bias. Under such circum - stances, the member will be permitted to participate in the discussion but not permitted to vote or participate in the scoring. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The purpose and intent

section of Proposition 14 pro- vides that by “enacting this Initiative, it is the purpose and intent of the people of the State of California to continue to support stem cell research to mitigate and/ or cure chronic disease and injury and thereby reduce or mitigate human suffering and the cost of care and improve the health and productivity of Californians” including by “[r]equiring strict accountability and transparency, including rigorous conflict–of–interest rules that are updated every four years. Proposition 14, § 3D.

This regulation will ensure that members of the AAWG abide by rigorous conflict–of–interest rules as intended by the voters. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS This proposed regulation is the first regulation con - cerning the AAWG, established by Proposition 14 in 2020. See Health & Safety Code, § 125290.75. The proposed regulation is also consistent with the Political Reform Act and Fair Political Practices Com-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 87 mission’s (FPPC) conflict–of–interest regulations. Those regulations generally exempt purely advisory bodies from conflict–of–interest rules unless the body to which they report routinely adopts the advisory body’s recommendations without substantive change. In this case, Proposition 14 expressly recognizes that CIRM’s working groups are advisory and hence not subject to the Political Reform Act, so instead, Prop - osition 14 required CIRM to adopt this proposed regulation. This proposed regulation is consistent with exist - ing CIRM regulations regarding conflicts of interest. Health and Safety Code

section 125290.50, subdivi - sion (e), provides the ICOC shall adopt conflict–of– interest rules to govern the participation of non–ICOC working group members. CIRM previously promul - gated regulations on conflict–of–interest rules for members of the working groups. Cal. Code Reg. title 1, §§ 100001–100004. This proposed regulation mod- els these rules. Therefore, the proposed regulation is not inconsis - tent nor incompatible with any other existing state regulations. INCORPORATED BY REFERENCE DOCUMENTS None.

DISCLOSURES REGARDING THE PROPOSED AMENDMENTS: CIRM has made the following initial determinations: Mandate on local agencies and school districts: None. Effect on Small Business: CIRM has determined that the proposed regulation will have no impact on small businesses. The regulation proposes conflict–of– interest rules for non–ICOC members of the AAWG. As such, the proposed regulation is not expected to adversely impact small business as defined in Government Code

Section 11342.610. Impact on Local Agencies or School Districts: CIRM has determined that the proposed regulation does not impose a mandate on local agencies or school districts, nor do they require reimbursement by the state pursuant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code because the proposed regulation do not constitute a “new program or higher level of service of an existing program” within the meaning of

Section 6 of

Article XIII of the California Constitution. CIRM has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulation. Costs or Savings to State Agencies: CIRM has determined that no savings or increased costs to any agency will result from the proposed regulation. Effect on Federal Funding to the State: CIRM has determined that no costs or savings in federal funding to the state will result from the proposed regulation. Effect on Housing Costs: CIRM has determined that the proposed regulation will have no effect on housing costs.

Significant Statewide Adverse Economic Impact Directly Affecting Businesses: CIRM has made an initial determination that the proposed regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. Cost Impacts on Representative Private Persons or Businesses: CIRM has made an initial determination that the adoption of this regulation will not have a significant cost impact on representative private persons or businesses.

CIRM is not aware of any cost impacts that a representative private person or business would incur in reasonable compliance with the regulation. Results of Economic Impact Analysis: CIRM does not anticipate that this proposed regulation will have any economic impact, including on the creation of elimination of jobs or businesses within the State of California or any impact on the expansion of business in the State of California, nor any impact on the health and welfare of California residents, worker safety, or the state’s environment.

This analysis is based on that fact that the proposed regulation does not impose new requirements on existing business operations or functions of other agencies or individuals but implements a conflict–of–interest policy for non– ICOC members of the AAWG. However, to the extent that the amendments ensure a fair and thorough process for screening conflicts of interest, and thereby ensure the integrity of the grant evaluation process, the welfare of California residents is enhanced.

In addition, to the extent that the applications for funding are evaluated not on the basis of bias but on the basis of scientific merit, and to the extent that the regulation ensures that is the case, the welfare of California residents is enhanced by ensuring that only the best scientific proposals receive funding, which ultimately may lead to the reduction of suffering if the research projects are ultimately successful and help California patients. Consideration of Alternatives: In accordance with Government Code

section 11346.5, subdivision (a)(13), CIRM must determine that no reasonable alternative it considered, or that has otherwise been identified and brought to its attention, would be more effective

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 88 in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons or would be more cost– effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law than the proposal described in this Notice. CIRM invites interested persons to present statements or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

Availability of Statement of Reasons and Text of Proposed Regulations: CIRM has prepared an Initial Statement of Reasons and has available the express terms of the proposed regulation and a rulemaking file. A copy of the Initial Statement of Reasons and the proposed text of the regulation may be obtained from the agency contact person named in this notice. The information upon which CIRM relied in preparing this proposal and the rulemaking file are available for review at the address specified below.

Availability of Changed or Modified Text: After considering all timely and relevant comments, CIRM may adopt the proposed regulation substantially as described in this notice. If CIRM makes modifications that are sufficiently related to the originally proposed text of the amendments, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before it adopts the regulations as amended. Requests for the modified text should be addressed to the agency contact person named in this notice.

CIRM will accept written comments on any changes for 15 days after the modified text is made available. Agency Contact: Written comments about the proposed regulatory action; requests for a copy of the Initial Statements of Reasons, the proposed text of the amendments; and inquiries regarding the rulemaking file, and questions on the substance of the proposed regulatory action may be directed to: C.

Scott Tocher Counsel for the California Institute for Regenerative Medicine stocher@cirm.ca.gov (510) 340–9101 Ben Huang Deputy General Counsel for the California Institute for Regenerative Medicine bhuang@cirm.ca.gov (510) 340–9101 The Notice of Proposed Regulatory Amendment, the Initial Statement of Reasons and any attachments, and the proposed text of the amendments and exist - ing regulation are also available on CIRM’s website, www.cirm.ca.gov. Availability of Final Statement of Reasons: Following its preparation, a copy of the Final Statement of Reasons mandated by Government Code

Section 11346.9, subdivision (a), may be obtained from the contact person named above. GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NO. 2080–2022–016–05 Project: Los Angeles River Bikeway and Greenway Project Location: Los Angeles County Applicant: City of Los Angeles BACKGROUND The City of Los Angeles (Applicant) proposes to construct a new bikeway and pedestrian path along 2.9 miles of the existing Los Angeles River Bikeway (River Bikeway) located along the Los Angeles River (River).

The Los Angeles River Bikeway and Green - way Project (Project) includes the following activities: ● Demolition of existing asphalt maintenance paths; ● Site preparation, including vegetation removal and clearing, grading, soil scarification, and soil re–compacting; ● Construction of the 2.9–mile bikeway and pedes- trian path, two new pedestrian bridges over the River, six River channel undercrossings, and four microparks; ● Installation of landscaping and drought–tolerant plants to create greenways and bioswales parallel to the new bikeway and pedestrian path; and ● Installation of fencing, gates, retaining walls, and architectural finishings such as seating, wa - ter fountains, waste receptacles, lighting, and signage.

Bridges and undercrossings will connect the new bikeway and pedestrian path, as well as communities on the north and south sides of the River. Two new pedestrian bridges will be constructed over Caballero Creek where it enters the River. Construction of the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 4-Z 89 two bridges will require approximately 19 concrete piles driven up to 80 feet below ground. No piles will be installed into Caballero Creek. Six undercrossings will be constructed under existing pedestrian or motor vehicle bridges. Construction of the undercrossings will require cutting into the trapezoidal concrete Riv - er channel. Elsewhere, Project activities will generally occur outside of the River channel along the existing asphalt maintenance path.

The 2.9–mile reach of the River Bikeway within the Project area extends from Vanalden Avenue to Balboa Boulevard. The Project site is characterized by nine segments. Along the most downstream segment (the terminus of the 2.9–mile Project area) – the 0.58–mile Orange Line Busway bridge and Balboa Boulevard segment – the River has a soft–bottom channel. Else - where, the River has a concrete channel.

The Project activities described above are expected to incidentally take 1 least Bell’s vireo (Vireo bellii pu- sillus) where those activities will take place within the Orange Line Busway bridge and Balboa Boulevard segment. The soft–bottom channel between the Or - ange Line Busway bridge and Balboa Boulevard sup - ports approximately 12 acres of black willow ( Salix gooddingii) habitat for least Bell’s vireo. Least Bell’s vireo could be incidentally taken as a result of Project activities, including during construction of the bike - way, pedestrian path, and Orange Line Busway bridge undercrossing.

Construction will result in elevated levels of noise, ground vibrations, human activity, and dust. The Applicant is unable to construct the proposed Orange Line undercrossing outside of the least Bell’s vireo nesting season (March 15 through September 15). Thus, noise from construction of the undercross - ing during the nesting season could adversely affect least Bell’s vireos by reducing and disrupting forag - ing, courtship, or breeding behavior, or by causing adults to abandon nests, resulting in the loss of fertile eggs or nestlings.

In addition, least Bell’s vireo could be forced from their breeding territory into adjacent habitat that may be less suitable, where they would be at risk of predation, starvation, or other injury. Least Bell’s vireo is designated as an endangered species pursuant to the federal Endangered Species Act (ESA) (16 U.S.C. § 1 531 et seq.) and as an endangered species pursuant to the California Endangered Species Act (CESA) (Fish & Game Code, § 2 050 et seq.). (See Cal. Code Regs., title 14, § 670.5, subdivision (a)(5)(l).) 1 Pursuant to Fish and Game Code

section 86, “’Take’ means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” See also Environmental Protection In - formation Center v. California Department of Forestry and Fire Protection (2008) 44 Cal.4th 459, 507 (for purposes of incidental take permitting under Fish and Game Code

section 2081, subdivi- sion (b), “’take’… means to catch, capture or kill”). During protocol–level surveys for least Bell’s vireo in 2021, two breeding pairs were documented in black willows growing in the soft–bottom channel. One pair was observed constructing a nest. Construction of the bikeway, pedestrian path, and Orange Line Busway bridge undercrossing will occur immediately adjacent to a breeding territory for least Bell’s vireo.

Because the Applicant is unable to work outside of the least Bell’s vireo nesting season, and because least Bell’s vireo typically returns to established breeding territo - ries year after year, the Project, by causing disruptions and interruptions to breeding behavior, will likely re - sult in reproductive suppression or cause least Bell’s vireo to avoid an established breeding territory. The United States Fish