Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 7-Z P UBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW F EBRUARY 18, 2022 PROPOSED ACTION ON REGULATIONS TITLE 3. DEP ARTMENT OF FOOD AND AGRICULTURE Emerald Ash Borer Exterior Quarantine — Notice File Number Z2022–0208–01 ............................. 147 TITLE 4. DEP ARTMENT OF ALCOHOLIC BEVERAGE CONTROL Drawings for Priority of Registrations — Notice File Number Z2022–0204–02 .............................. 150 TITLE 5.

SCHOLARSHARE INVESTMENT BOARD CalKIDS Program — Notice File Number Z2022–0207–01 .............................................. 152 TITLE 17. INSTITUTE FOR REGENERATIVE MEDICINE Notice of Intention to Amend the Conflict–of–Interest Code — Notice File Number Z2022–0204–01 .............. 156 TITLE 22.

DEP ARTMENT OF SOCIAL SERVICES Community Care Licensing Adult and Senior Care Facilities: Infection Control Requirements — Notice File Number Z2022–0208–04 ................................................................ 157 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Emmerson Investment, Inc., Seldom Seen Ranch Safe Harbor, Tracking Number 2081–2022–001–01, Siskiyou County ................................................. 160 DEPARTMENT OF FISH AND WILDLIFE Research on the Limestone Salamander (Hydromantes brunus) ........................................... 161 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Number 2080–2021–016–05, 705 Mail Road, Lompoc, CA 93436 Santa Barbara County ............................................................................ 161 (Continued on next page)

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 § 1 1346.4(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 http://www.oal.ca.gov . NOTICE OF DECISION NOT TO PROCEED BOARD OF ACCOUNTANCY Re: Sale, Transfer, or Discontinuance of Licensee’ s Practice ............................................. 166

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 166

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 147 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. D EPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart - ment) proposes to adopt

section 3288, title 3 of the California Code of Regulations (CCR) pertaining to the Emerald ash borer Exterior Quarantine that was adopted as an emergency regulation on April 9, 2021 and readopted on January 27, 2022. PUBLIC HEARING A public hearing is not scheduled. However, a pub - lic hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized rep - resentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by U.S.P.S., FAX or email. The writ- ten comment period closes on April 4th, 2022. The Department will consider only comments received at the Department offices by that date or postmarked no later than April 4, 2022.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In Mr. Kelch’s absence, you may contact Erin Lovig at (916) 654–1017 or erin.lovig@cdfa.ca.gov, FAX number (916) 651–2900.

Following the public hearing, if one is requested, or following the written comment period if none is re - quested, the Department, at its own motion, or at the instance of any interested person, may adopt the pro - posal as set forth without further notice if there are no substantial changes prior to the adoption. AUTHORITY The Department proposes to adopt CCR

Section 3288 pursuant to the authority vested by

Section 5301 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific sections 5301 and 5302 of the Food and Agricultural Code. INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW The proposed regulation will establish an exterior quarantine against emerald ash borer. The area reg - ulated is any area where an infestation is present, as determined by the Department. Maps will be made available of the areas infested on the Department’s website and updated monthly.

Currently 30 states are infested with this pest and there is potential for further spread. This regulation will allow the Department to update the areas under quarantine which will help pro- tect the state from new infections around the country.

The articles and commodities covered by this quar - antine are: ● emerald ash borer ( Agrilus planipennis), any liv- ing stage, ● firewood from its primary host ash trees ( Frax- inus species), and mixed firewood that includes hardwood that may contain ash, ● Nursery stock, green lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips from its primary host, ash trees, ● Any other article, product, or means of convey - ance that a California State Plant Quarantine Officer determines presents a risk of spreading emerald ash borer and notifies the person in pos - session of it.

All articles and commodities listed above are pro - hibited entry into California from quarantined areas since they have the potential to carry emerald ash bor- er, except as specified below. The exceptions to the list above are articles and commodities that: ● are determined to be free of emerald ash borer upon inspection, and the inspector determines that the

article has been grown, produced, manu - factured, stored, or treated in a manner that pre - vents the

article from presenting a risk of spread- ing the emerald ash borer,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 148 ● are moved by the United States Department of Agriculture for experimental or scientific purposes.

Alternatively, if the regulated articles originate out- side the quarantined area and is moved through the quarantined area they can be allowed in California un- der the following conditions if: ● they are moved through the quarantined area and points of origin and destination are indicated on a waybill accompanying the regulated article, and ● the regulated article, if moved through the quar - antined area during the period of May 1 through August 31 or when the ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle or is completely covered to prevent access by the emerald ash borer, and ● the regulated

article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by emerald ash borer, and ● the

article has not been combined or commin - gled with other articles so as to lose its individual identity. The details of this quarantine are similar to the fed - eral domestic quarantine requirements for emerald ash borer that ended in January 2021. ANTICIPATED BENEFITS FROM THIS REGULATORY ACTION The adoption of this regulation benefits homeown - ers who possess ash trees and host material which is planted as ornamentals in various rural and urban landscapes by preventing damage to these hosts and the need for them to be treated to mitigate infestations of emerald ash borer.

EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department considered any other possible re - lated regulations in this area and finds that these are the only regulations dealing in this subject area, and the Department is the only State agency that can implement this proposed regulation. As required by Government Code

Section 11346.5(a)(3)(D), the De - partment has conducted an evaluation of this proposed regulation and has determined that it is not inconsis - tent or incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscretionary costs or savings to local agencies or school districts.

Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant, statewide adverse economic impact di - rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS The Department has concluded that this

section 3288 (

l) will have no significant impact on the creation or elimination of jobs in the State of California, (2) will have no impact on the creation or elimination of businesses within the State of California, (3) will have no impact on the expansion of businesses within the State of California, (4) is not expected to have a direct effect on the health and welfare of California residents and (5) is not expected to have a direct impact on the state’s environment.

Small business determination: The adoption of sec - tion 3288 will provide authority for the Department to conduct exterior quarantine against emerald ash borer activities and there are no known private sector cost impacts. The Department has determined the adoption of this regulation would benefit: ● the general public ● homeowners and community gardens ● agricultural industry ● the State’s general fund ● the environment There are no known specific benefits to worker safe- ty or the health of California residents.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 149 EXISTING LAWS & REGULATIONS Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not gen- erally distributed within this state and determine the probability of its spread and the feasibility of its con - trol or eradication (Food and Agricultural Code (FAC)

Section 5321). Existing law allows the Secretary to adopt quaran - tine regulations as necessary to protect the Califor - nia agricultural industry from pests and prevent the spread of injurious insect pests and animal diseases (Food and Agricultural Code (FAC) sections 407, 5301, and 5302). This adoption of

Section 3288 will create an exterior quarantine for the emerald ash borer. The effect of this regulation will be to provide authority for the State to prevent spread of the emerald ash borer to non– infested areas in order to protect California’s agricul - tural industry and environment. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A preliminary review pursuant to title 14 CCR sec - tion 15060(

c) indicates that adoption of this regulation will not cause either a direct physical change to the en- vironment or a reasonably foreseeable indirect physi - cal change to the environment.

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

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro - posed actions, location of the rulemaking files, and request for a public hearing may be directed is: Dean Kelch California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 dean.kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) The backup contact person for these inquiries is: Erin Lovig California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 erin.lovig@cdfa.ca.gov 916.654.1017 916.651.2900 (FAX) A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department has prepared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the pro- posed regulations in underline and strikeout form may be obtained upon request. The location of the infor - mation on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Requests should be directed to the contact named herein. A VAILABILITY OF CHANGED OR MODIFIED TEXT After the comment period and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the original- ly proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regulations as revised. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer named here- in. The Department will accept written comments on the modified regulations for 15 days after the date on which they are made available.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 150 A VAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting the agency officer named herein. INTERNET ACCESS The Department has posted the information regard - ing this proposed regulatory action on its Internet website ( www.cdfa.ca.gov/plant/Regulations.html). Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through at this website. TITLE 4.

D EPARTMENT OF ALCOHOLIC BEVERAGE CONTROL The Department of Alcoholic Beverage Control (ABC) proposes to adopt the proposed regulations de- scribed below after considering all comments, objec - tions, and recommendations regarding the proposed action. PUBLIC HEARING ABC has not scheduled a public hearing on this proposed action. However, the department will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to ABC. The writ - ten comment period closes at 12:00 p.m. on April 5, 2022, ABC will consider only comments received at ABC Headquarters by that time. Submit comments to: Law and Policy Unit Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 Comments may also be submitted by email to RPU@abc.ca.gov, please include “Priority Registra - tion Drawings” in the subject line of your email.

AUTHORITY AND REFERENCE Authority: Sections 23816, 23817, 23820, 23821, 23959, 23961, 23962, 24070, and 24079, Business and Professions Code. Reference: Sections 494.5, 23394, 23396, 23396.1, 23396.2, 23396.3, 23691, 23816, 23817, 23818, 23820, 23821, 23826, 23826.5, 23826.7, 23826.9, 23826.10, 23826.11, 23826.12, 23826.13, 23826.14, 23827, 23950, 23951, 23952, 23953, 23954, 23954.6, 23956, 23957, 23958, 23958.4, 23959, 23961, 23962, and 24070, Business and Professions Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW This rulemaking action is designed to clarify terms regularly used by the industry and to establish the processes and procedures for the Department of Al - coholic Beverage Control to conduct yearly priority drawings. This action also makes efforts to modernize the priority drawing process by eliminating the manu- al analog process and implementing a digital random- ized process.

SUMMARY OF EXISTING LAWS AND REGULATIONS Business and Professions Code

section 23961 de - scribes the situation that a priority drawing is nec - essary and the requirements to participate in such drawings.

SUMMARY OF EFFECT The broad objective of this regulation is to create a uniform process of selecting priority registrations for hopeful ABC license holders. COMPARABLE FEDERAL STATUTE OR REGULATION ABC has determined that this proposed regula- tion does not have a comparable federal statute or regulation. POLICY STATEMENT OVERVIEW The mission of the Department of Alcoholic Bever- age Control is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement. The Depart - ment values trust, innovation, and professionalism.

This proposed regulation ensures a fair and uniform process for priority drawings. BENEFITS ANTICIPATED By establishing a process for priority drawings, ABC anticipates a fair and timely process for partici - pating licensees. The anticipated benefit of this action will not only clarify commonly used terms but also

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 151 ensure a fair and uniform process through all county priority drawings conducted by the Department. DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS ABC has determined that this proposed regulatory action is not inconsistent or incompatible with existing state regulations. EFFECT UPON SMALL BUSINESSES IN CALIFORNIA Although licensees are often small business own - ers, this proposed regulation will have no regulatory effect on them.

The intent of this proposed regulation is to clarify and modernize the longstanding practice of conducting annual priority drawings for applicants seeking available alcohol licenses. This will benefit small business owners as it allows for a more efficient and streamlined process. DISCLOSURES REGARDING THE PROPOSED ACTION The ABC has made the following initial determinations: 1. Mandate on local agencies or school districts: None. 2. Costs or savings to any state agency: Any addi - tional cost will be absorbed into ABC’s current budget. 3.

Cost to any local agency or school district that is required to be reimbursed by the state: None. 4. Other nondiscretionary cost or savings imposed on local agencies: None. 5. Cost or savings in federal funding to the state: None. 6. Cost impacts on housing costs: None. DETERMINATION OF STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The ABC has made an initial determination that the adoption of this regulation will have negligible eco - nomic impact on businesses. There is no foreseeable impact on businesses based on the process laid out in the proposed regulation.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT ABC concludes that it is (1) unlikely that the propos- al will eliminate any jobs, (2) unlikely that the propos- al will create an unknown number of jobs, (3) unlike - ly that the proposal will create an unknown number of new businesses, (4) unlikely that the proposal will eliminate any existing businesses, and (5) unlikely that the proposed regulations will result in the expan - sion of businesses currently doing business within the state. It is unlikely that the proposed legislation will impact worker safety.

The proposed regulation will ensure that priori - ty drawings will be fair and equitable for all priority applicants and ensure alcohol licenses are distributed in a fair and equitable manner throughout the state. In addition, the proposed regulations will facilitate a small cost savings as paper applications will be eliminated in favor of digital submissions. The mod - ernization and centralization of the priority drawing process will over time provide benefits to the health and welfare of California residents by lowering travel, costs, and environmental impact of priority drawings throughout the state.

DESCRIPTION OF ALL ECONOMIC IMPACTS THAT A REPRESENTATIVE PRIVATE PERSON OR BUSINESS WOULD NECESSARILY INCUR IN REASONABLE COMPLIANCE WITH THE PROPOSED ACTION The ABC has made an initial determination that the adoption of this regulation will have negligible eco - nomic impact on private persons or businesses. There is no foreseeable impact on private persons or busi - nesses based on the process laid out in the proposed regulation. Thus, ABC is not aware of any cost impacts that a representative person or business would necessari - ly incur in reasonable compliance with the proposed action.

THE NEED TO REQUIRE REPORTS FROM BUSINESSES The proposed regulation does not require any re - ports from ABC licensees or any other business. CONSIDERATION OF ALTERNATIVES ABC has determined that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the de - partment would be more effective in carrying out the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 152 purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons, than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or oth - er provision of law. ABC invites interested persons to present statement or arguments with respect to alter - natives to the proposed regulation during the written comment period.

AGENCY CONTACT PERSON Inquiries concerning the proposed regulatory action may be directed to the agency representative Robert de Ruyter, Assistant General Counsel, (916) 419–8958, (designated backup contact) Shelby Pender, Associate Governmental Program Analyst, Law and Policy Unit, (916) 285–8517 or via email at RPU@abc.ca.gov. AVAILABILITY OF DOCUMENTS ABC prepared an Initial Statement of Reasons for the proposed action.

Copies of the Initial Statement of Reasons, and the full text of the proposed regula - tions may be accessed on ABC’s website listed below or may be obtained from the Law and Policy Unit, De- partment of Alcoholic Beverage Control, 3927 Len - nane Drive, Suite 100, Sacramento, CA 95834, on or after February 18, 2022. ABC staff has compiled a record for this rulemak - ing action, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

CHANGE TO THE PROPOSED FULL TEXT OF THE REGULATION If there is any change to the proposed full text of the regulation in a substantial, or sufficiently related way, it will be made available for comment for at least 15 days prior to the date on which the department adopts the resulting regulation. FINAL STATEMENT OF REASONS A V AILABILITY Upon its completion, the Final Statement of Reasons will be available, and copies may be requested, from the department contact persons in this notice or may be accessed on ABC’s website listed below.

INTERNET ACCESS This notice, the Initial Statement of Reasons, and all subsequent regulatory documents, including the Final Statement of Reasons, when completed, are available on ABC’s website for this rulemak - ing at https://www.abc.ca.gov/law–and–policy/ regulations–rulemaking/ . TITLE 5. SCHOLARSHARE INVESTMENT BOARD SECTIONS 31010 THROUGH 31018 TITLE 5, DIVISION 4.5,

CHAPTER 3 CALIFORNIA CODE OF REGULATIONS NOTICE IS HEREBY GIVEN that the Scholar - Share Investment Board (SIB), organized and oper - ating pursuant to Sections 69996 through 69996.9 of the Education Code, proposes to adopt the proposed regulations described below after considering all com- ments, objections and recommendations regarding the proposed action. Any person interested may present statements or arguments relevant to the proposed ac - tion to the attention of the Contact Person as listed in this Notice no later than April 4, 2022.

SIB, upon its own motion or at the instance of any interested party, may thereafter adopt the proposal substantially as de - scribed below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person(

s) designated in this notice as Contact Person and will be mailed to those persons who submit state - ments related to this proposal or who have required notification of any changes to the proposal. PROPOSED REGULATORY ACTION SIB proposes to adopt Sections 31010, 31011, 31012, 31013, 31014, 31014, 31015, 31016, 31017, and 31018 of Title 5 of the California Code of Regulations (Reg - ulations). The Regulations implement SIB’s respon - sibilities and other details related to the California Kids Investment and Development Savings Program (CalKIDS or Program). AUTHORITY AND REFERENCE Authority:

Section 69996.4, Education Code . Sec - tion 69996.4 provides SIB with the authority to carry out the duties and obligations of the Program pursuant to this

article and have all other powers as may be nec- essary for the effectuation of the purposes, objectives, and provisions of this article. Subsection 69996.4(

n) of the Education Code provides SIB the authority to adopt regulations for the implementation and admin - istration of the Program. Reference: Sections 69996–69996.9 of the Educa - tion Code. These Regulations implement the CalKIDS Program and include a number of the requirements of

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 153 that program contained in the reference code provi - sions and their implementing Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW SIB was created in 1997 under the Golden State ScholarShare Trust Act with the passage of federal legislation allowing states to create and administer their own qualified tuition program as articulated in

section 529 of the Internal Revenue Tax Code. SIB is responsible for the administration of the Golden State Scholarshare College Savings Trust (Education Code

section 69981, et seq.). In 2019, Governor Newsom signed into law Sen - ate Bill 77, which initially created the CalKIDS Pro - gram. This bill, along with subsequent legislation, established the CalKIDS Program, with the intent of providing college savings account funds for each child born in California and eligible California pub - lic school students. SIB is responsible for maintaining designated beneficiary account deposits and informa- tion within the CalKIDS Account for the purpose of funding qualified higher education expenses.

These accounts shall be funded by any grants, gifts, appro - priations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit. Regulations for the CalKIDS Program need to be created in order for SIB to administer this program. The Regulations include the addition of the sections briefly summarized below:

Section 31010.

Definitions Applicable to CalKIDS Program. Defines the meaning of the words and phrases used in the

article as applicable to the CalKIDS Program.

Section 31011. Eligibility. Outlines the eligibility criteria that must be met by those under consideration for a CalKIDS Account.

Section 31012. Deposits. Provides an overview of the amounts and types of financial incentives available to CalKIDS participants on behalf of the Program. Outlines criteria for the Executive Director to consider if the amount and types of financial incentives need to be modified.

Section 31013. Notifications. Outlines details on the information that will be included in notifications sent to parents of each child eligible for a CalKIDS account.

Section 31014. Opt–Out. Provides information on how CalKIDS participants may opt–out from the Program if they choose.

Section 31015. Access CalKIDS Account. Provides information on how CalKIDS participants may view and access their CalKIDS Accounts.

Section 31016. Claims and Withdrawals Process. Provides information on how CalKIDS participants may request a withdrawal of funds from their CalKIDS accounts for qualified expenses.

Section 31017. Forfeiture of Account Funds. Provides information on the forfeiture of CalKIDS account funds.

Section 31018. The Appeals Process. Provides information on the appeals process for CalKIDS beneficiaries requesting to withdraw CalKIDS account funds past the CalKIDS beneficiaries’ 26 th birthday deadline outlined in statute. The broad objective of the regulations is to provide details about the CalKIDS Program and to ensure CalKIDS beneficiaries and participants have opportu- nities to engage with the Program.

The specific ben - efits anticipated from the regulations are increased participation in the Program, more families saving for college by opening and contributing to a ScholarShare 529 account, and greater emphasis on saving for high- er education. EVALUATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING STATE REGULATIONS The Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompatible with existing state regulations.

OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applica- ble to SIB or to any specific Regulation or class of Regulations pursuant to 11346.5(a)(4) of the California Government Code pertaining to the proposed Regula- tions or SIB. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS SIB has determined that the Regulations do not im - pose a mandate on local agencies or school districts.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 154 FISCAL IMPACT SIB has determined that the Regulations do not im - pose any additional cost or savings to any state agen - cy, any costs to any local agency or school district requiring reimbursement under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code, any other non–discretionary cost or savings to any local agency, or any cost or savings in federal funding to the State. INITIAL DETERMINATION REGARDING ANY SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS SIB has made an initial determination that the Reg - ulations will not have any significant statewide ad - verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states.

EFFECT ON SMALL BUSINESSES SIB has determined that the adoption of the Regula- tions will not affect small businesses. Small business - es will not be enrolled in the program. As such, they will not be impacted by the proposed Regulations. COST IMPACTS SIB has determined that the regulations may have a possible cost impact no greater than $75 on a pri - vate person. The regulations will describe additional financial incentives presented to newborns not listed in current law. Education Code 69996.3 authorizes the Board to provide additional financial incentives to this enrolled population.

The Board will provide newborns born on or after July 1, 2022 the opportunity to receive the deposit amounts listed below. These regulations will enable a beneficiary to receive $75 beyond the statutory requirement of $25. – $25 when they register on the CalKIDS Program online portal. – $50 when they open and link an individual Schol- arShare 529 Account to their CalKIDS Account. The Board made the following participation and cost assumptions to determine this financial deposit structure for the newborn population.

Incentive: Universal Seed (statutory requirement) Amount: $25 Annual Population Size: 450,000 Annual Cost: $11,250,000 Incentive: Registration Amount: $25 Annual Population Size: 90,000 Annual Cost: $2,250,000 Incentive: Linked ScholarShare 529 Account Amount: $50 Annual Population Size: 45,000 Annual Cost: $2,250,000 Maximum Total Amount: $100 Annual Cost: $15,750,000 The Board assumes that 20% of the total annually– enrolled birth population (90,000) will register their account within one year.

The Board also assumes that 10% of the total annually enrolled newborn population (45,000) — or 50% of anticipated registrants — will open and link an individual ScholarShare 529 account. Discounting the statutory requirement for a univer - sal seed deposit of $25, the total possible regulatory impact for one year will equal $75 times the antici - pated annual birth population of 450,000. As such, the possible cost impact of the regulations will be no greater than $33,750,000. SIB is not aware of any cost impacts a business would necessarily incur in reasonable compliance with the proposed action.

ASSESSMENT OF EFFECT ON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Adoption of these regulations will not: (1) create or eliminate jobs within California; (2) create new busi - nesses or eliminate existing businesses within Califor- nia; or (3) affect the expansion of businesses currently doing business within California. ASSESSMENT OF BENEFITS ON HEALTH AND WELFARE OF CALIFORNIA RESIDENTS, WORKER SAFETY, AND THE STATE’S ENVIRONMENT Adoption of these regulations will not provide ben - efits or impact on the health and welfare of California residents, worker safety, or the state’s environment.

COST IMPACT ON HOUSING The Regulations will not have any effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 155 REASONABLE ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), SIB must determine that no reasonable alternative to the Regulations considered by SIB or that has otherwise been identified and brought to the attention of SIB would be more effective in carrying out the purpose for which the Regulations are pro - posed, or would be as effective and less burdensome to affected private persons than the Regulations, or would be more cost–effective to affected private per - sons and equally effective in implementing the statu- tory policy or other provision of law.

SIB invites interested persons to present statements with respect to alternatives to the Regulations during the written comment period.

AGENCY CONTACT PERSONS Written comments, inquiries, and any questions re - garding the substance of the Regulations shall be sub- mitted or directed to: Noah Lightman, Manager, Children’s Savings A ccount Initiatives ScholarShare Investment Board 915 Capitol Mall, Room 590 Sacramento, CA 95814 Noah.Lightman@treasurer.ca.gov (916) 651–8376 The following person is designated as a back - up contact person for inquiries only regarding the Regulations: Julio Martinez, Executive Director ScholarShare Investment Board 915 Capitol Mall, Room 590 Sacramento, CA 95814 Julio.Martinez@treasurer.ca.gov (916) 651–6380 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the Regulations to SIB.

The written comment period on the Regulations will end on April 4, 2022. All com- ments to be considered by SIB must be submitted in writing to the Agency Contact Person identified in this Notice by that time. In the event that changes are made to the Regulations during the written comment peri - od, SIB will also accept additional written comments limited to any changed or modified Regulations for 15 calendar days after the date on which such Regula- tions, as changed or modified are made available to the public pursuant to title 1,

Chapter 1,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AVAILABILITY OF INITIAL STATEMENT OF REASONS, FINAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS Pursuant to the California Government Code, SIB has established a rulemaking file for this regulatory action, which contains those items required by law. The file is available for inspection at SIB’s office at 915 Capitol Mall, Sacramento, California, during normal business hours.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, the Fi - nal Statement of Reasons, and the proposed text of the Regulations. Copies of these items are available upon request, from the Agency Contact Person designated in this Notice. The Sacramento address will also be the location for inspection of the rulemaking file and any other public records, including reports, documentation and other materials related to this proposed regulato - ry action.

In addition, the rulemaking file, including the Initial Statement of Reasons, the Final Statement of Reasons, and the proposed text, may be viewed on SIB’s website at www.treasurer.ca.gov/scholarshare. PUBLIC HEARING No public hearing regarding the Regulations has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Government Code, to SIB at least 15 days before the end of the written comment period. Such request should be addressed to the Agency Con- tact Person identified in this Notice and should spec - ify the Regulations for which the hearing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and fol - lowing a public hearing, if any is requested, SIB may adopt the Regulations substantially as described in this Notice, without further notice.

If SIB makes mod- ifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public (in - cluding through SIB’s website described above) for at least fifteen (15) calendar days before SIB adopts the proposed Regulations, as modified. Inquiries about

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 156 and requests for written copies of any changed or modified regulations should be addressed to the Agen- cy Contact Person identified in this Notice. TITLE 17. I NSTITUTE FOR REGENERATIVE MEDICINE NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE NOTICE IS HEREBY GIVEN that the California Institute for Regenerative Medicine (CIRM), pursuant to the authority vested in it by

section 87300 of the Government Code, proposes to amend its conflict–of– interest code. A comment period has been established commencing on February 18, 2022 and closing on April 4, 2022. All inquiries should be directed to the CIRM contact listed below. CIRM’s proposed amended conflict–of–interest code includes employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any fi - nancial interest, as set forth in subdivision (

a) of sec - tion 87302 of the Government Code. The amendment of the code carries out the purposes of the Political Reform Act and no other alternative would do so and be less burdensome to affected persons. The conflict– of–interest code includes: ● Incorporation by reference of the terms of 2 Cali- fornia Code of Regulations

section 18730 and any amendments to it duly adopted by the Fair Politi- cal Practices Commission; ● Provisions requiring the Board Members, includ- ing the Chairman of the Independent Citizens Oversight Committee, and President/CEO of CIRM to file their statements of economic inter - ests electronically with the Fair Political Practic - es Commission. ● Provisions requiring all other designated posi - tions to file their statements of economic interests directly with CIRM; ● Provisions identifying designated positions with- in CIRM and corresponding disclosure catego - ries, as specified; and ● Incorporation of Appendix A, which establishes three disclosure categories: ○ Category 1, which requires reporting of all investments, real property, business po - sitions, and sources of income (including gifts, loans, and travel payments); ○ Category 2, which requires reporting of in - vestments, business positions, and sources of income (including gifts, loans, and travel payments) if the business entity or source provides any goods or services of the type used by CIRM; and ○ Category 3, which requires reporting of (

a) real property within a local jurisdiction in which entities subject to the licensing or other regulatory jurisdiction of CIRM may lawfully operate, as well as (

b) investments, business positions, and sources of income (including gifts, loans, and travel payments) if the business entity or source is either (1) an entity subject to the licensing or other regu- latory jurisdiction of CIRM or (2) an officer, employee, or owner (as defined in California Code of Regulations, title 4,

section 15003, or any successor regulation) of, or any hold- er of a financial interest (as defined in Cal - ifornia Code of Regulations, title 4,

section 15004, or any successor regulation) in, such an entity. The amended conflict–of–interest code and expla - nation of the reasons can be obtained from contact listed below. Any interested person may submit writ - ten comments relating to the proposed adoption by submitting them no later than April 4, 2022, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than March 18, 2022. CIRM has determined that the proposed adoption: 1. Imposes no mandate on local agencies or school districts. 2.

Imposes no costs or savings on any state agency. 3. Imposes no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Divi- sion 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 pri - vate persons, businesses or small businesses. All inquiries concerning this proposed adoption and any communication required by this notice should be directed to: Benjamin Huang Associate General Counsel 1999 Harrison Street, Oakland, CA 94612 Bhuang@cirm.ca.gov (510) 340–9101

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 157 TITLE 22. D EPARTMENT OF SOCIAL SERVICES ORD #1021–04 ITEM # C CL Adult and Senior Care Facilities: I nfection Control Requirements The California Department of Social Services (CDSS) hereby gives notice of the proposed regulato- ry action(

s) described below. A public hearing regard- ing this proposal is not currently scheduled. Not later than 15 days prior to the close of the public comment period, any interested person, or his or her authorized representative, may make a written request for a pub - lic hearing pursuant to Government Code

section 11346.8, and a public hearing will be held. Requests for a public hearing should be sent to: California Department of Social Services Office of Regulations Development 744 P Street, MS 8–4–192 Sacramento, CA 95814 Telephone: (916) 657–2856, Fax: (916) 653–7395 Email: ord@dss.ca.gov Statements or arguments relating to the proposals may be submitted in writing, e–mail, or by facsimi - le to the address/number listed above. All comments must be received by April 6, 2022.

Following the public comment period, CDSS may thereafter adopt the proposals substantially as de - scribed below or may modify the proposals if the modifications are sufficiently related to the original text. Except for nonsubstantive, technical, or gram - matical changes, the full text of any modified proposal will be available for 15 days prior to its adoption to all persons who submit written comments during the public comment period, and all persons who request notification. Please address requests for regulations as modified to the agency representative identified below.

Copies of the express terms of the proposed regula- tions and the Initial Statement of Reasons are available from the office listed above. This notice, the Initial Statement of Reasons and the text of the proposed reg- ulations are available on the internet at CDSS Public Comment Period for Proposed Regulations ( https:// www.cdss.ca.gov/inforesources/letters–regulations/ legislation–and–regulations/regulations–home– page/cdss–regulation–changes–in–process–and– completed–regulations/public–hearing–information ).

Additionally, all the information which CDSS consid- ered as the basis for these proposed regulations (i.e., rulemaking file) is available for public reading at the address listed above. Following the public comment period, copies of the Final Statement of Reasons will be available at the above address. CHAPTERS California Code of Regulations (CCR), Title 22, Di- vision 6,

Chapter 1 (General Licensing Requirements),

Chapter 2 (Social Rehabilitation Facilities),

Chapter 3 (Adult Day Program),

Chapter 6 (Adult Day Pro - grams),

Chapter 8 (Residential Care Facilities for the Elderly), and

Chapter 8.5 (Residential Care Facilities for the Chronically Ill) INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW CDSS licenses community care facilities for chil - dren and adults in need of basic care and supervision. Communicable diseases have a detrimental impact to the vulnerable individuals who receive care and su- pervision in licensed Adult and Senior Care Facilities. CDSS came to realize, during the Coronavirus Dis - ease 2019 (COVID–19) pandemic, that there is an im- mediate need to establish more reliable and enforce - able infection control requirements for licensed Adult and Senior Care Facilities.

These facilities are among the most impacted by the COVID–19 pandemic, and this is due in part to insufficient infection control re - quirements that all facilities should maintain. The Proclamation of a State of Emergency issued by Gov- ernor Newsom on March 4, 2020, currently remains in effect, demonstrating continued conditions of disaster or extreme peril to the safety of persons within the state due to an epidemic as defined in Government Code

section 8558. Adult and Senior Care facilities, settings within which direct care and services are pro- vided, are high–risk settings where COVID–19 trans - mission and outbreaks can have severe consequences for vulnerable populations resulting in hospitalization, severe illness, and death.

The devastating impact of communicable diseases and this need for infection control requirements are best exemplified by the data being gathered during the ongoing COVID–19 pandemic as follows: ● In May 2020, a study commissioned by Senators Warren and Markey, with Representative Malo - ney (2020), surveyed 11 of the largest assisted living chain operations in April 2020, and the providers reported that 2.9% of all residents test - ed positive, a rate that was five times higher than the national average, and the fatality rate was 31% of residents that tested positive to COVID–19, a rate that was six times higher than the national average. ● In a September 2020 study surveying seven states across America, the case fatality rate in assist - ed living facilities was “four times higher, even though fewer than 10% of assisted living facil - ities reported being affected by the pandemic”

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 158 (Temkin–Greener et al., 2020, page 6). This study further found that facilities with additional health concerns had significantly more cases and deaths related to COVID–19. ● The Order of the State Public Health Officer dated December 22, 2021 included the introduction of the Order of the State Public Health Officer dated September 28, 2021.

This introduction provided: ○ California continues to experience high– levels of COVID–19 cases with 21.1 new cases per 100,000 people per day, with case rates currently tenfold higher as compared to June 2, 2021.

The Delta variant is highly transmissible and causes more severe illness. ○ Recent data suggests that viral load is rough- ly 1,000 times higher in people infected with the Delta variant than those infected with the original coronavirus strain, according to a recent study. ○ Among 19,830 confirmed COVID–19 out - breaks throughout the pandemic, 47% were associated with the health care, congregate care, and direct care sector.

The top indus - try settings are Adult and Senior Care fa - cilities and in–home direct care settings (22%) where increasing numbers of work - ers are among the new positive cases, and recent outbreaks in these types of settings have frequently been traced to unvaccinated individuals. ● The Order of the State Public Health Officer dat- ed December 22, 2021 also included the follow - ing updates: ○ Since November 25, 2021, California’s seven–day average case rate has increased by 34% and hospitalizations have increased by 17%. ○ Recent data suggests the increased trans - missibility of the Omicron variant is two to four times as infectious as the Delta variant, and there is evidence of immune evasion.

The Omicron variant is currently the most common variant causing new infections in California. In addition, the recent emergence of the Omicron variant (it is estimated that approximately 70% of cas- es sequenced, nationally, are Omicron, and rapid in - creases are occurring globally) further emphasizes the importance of vaccination and boosters, and preven - tion efforts, including testing, are needed to continue protecting against COVID–19.

Although COVID–19 vaccination remains effective in preventing severe disease, recent data suggest vac - cination becomes less effective over time at preventing infection or milder illness with symptoms, especially in people aged 65 years and older. Based on the emergence of Omicron, additional statewide facility–directed measures are necessary to ensure we maintain adequate staffing levels with - in our healthcare delivery system.

Additionally, giv - en the current hospital census, even a moderate surge in cases and hospitalizations could materially impact California’s health care delivery system within certain regions of the state. Further, Adult and Senior care facility settings, in - cluding but not limited to assisted living settings, share several features. There is frequent contact between staff or workers and highly vulnerable individuals, in- cluding elderly, chronically ill, critically ill, medical - ly fragile, and people with disabilities.

Many persons in care are at high risk of severe COVID–19 disease due to underlying health conditions, advanced age, or both. In congregate care living situations, individuals with these higher risks live in close proximity, which can lead to both high transmission risk and high risk for severe COVID–19 symptoms, hospitalizations, and deaths (Zimmerman et al., 2020). These regulations will ensure the immediate protec- tion and preservation of the health and safety of adults and seniors in licensed community care against cur - rently known communicable diseases and future un - known communicable diseases.

These emergency regulations will require facili - ties to have a specific infection control plan includ - ed in their plan of operation that will be approved by the Community Care Licensing Division (CCLD) of CDSS. The infection control plan shall be developed to prevent, mitigate and contain infectious diseases. The plan will require a specific infection control program for the facilities to establish, which shall include, but is not limited to, training requirements, designated staff lead for infection control, and documentation require- ments.

Additionally, an emergency declaration for pandemic or epidemic Plan will be required if a Decla- ration of a State of Emergency is proclaimed pursuant to the Government Code, like the COVID–19 Procla - mation of a state of Emergency. This will ensure that facilities respond effectively to the given emergency related to infectious disease. These regulations will provide immediate protec - tion and preservation of the health and safety of adults and staff in licensed community care. These regula - tions will ensure CDSS aids and protects the health and safety of vulnerable individuals in licensed com- munity care.

These regulations will ensure that facil - ities take measures to prevent, mitigate, and contain the spread of communicable diseases and respond effectively to infectious disease risks and outbreaks. These regulations will create an Infection Control sec- tion for CCR Title 22,

Chapter 2 (Social Rehabilitation

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 159 Facilities),

Chapter 3 (Adult Day Programs),

Chapter 6 (Adult Day Programs),

Chapter 8 (Residential Care Facilities for the Elderly), and

Chapter 8.5 (Residential Care Facilities for the Chronically Ill), all of which are enforced by CDSS. To ensure the immediate protection and preserva - tion of the health and safety of adults and seniors in licensed community care, these emergency regula - tions will require facilities to have a specific infection control plan to be included in their plan of operation. These plans shall be developed to specify measures to prevent, mitigate and contain the spread of infectious diseases.

These plans will set procedures for limiting the risk of exposure and spread of an infectious dis - ease to keep persons in care safe. These emergency regulations are necessary to streamline emergency response needs for communicable diseases that may affect adults and seniors in licensed community care. CDSS considered other possible related regulations in this area, and we found that these are the only reg - ulations dealing with communicable diseases in li - censed Adult and Senior Care Facilities. CDSS finds that these proposed regulations are compatible and consistent with existing state regulations.

SOURCES Aragon, T. J. (2021, September 28). Order of the State Public Health Officer Adult Care Fa - cilities and Direct Care Worker Vaccine Re - quirement. California Department of Public Health. https://www.cdph.ca.gov/Programs/ CID/DCDC/Pages/COVID–19/Order–of– the–State–Public–Health–Officer–Adult– Care–Facilities–and–Direct–Care–Worker– Vaccine–Requirement.aspx. Temkin–Greener, H., Guo, W., Mao, Y., Cai, X., & Li, Y. (2020). COVID–19 Pandemic in Assist- ed Living Communities: Results from Seven States. Journal of the American Geriatrics Society, 1–7. https://doi.org/10.1111/jgs.16850.

Warren, E., Markey, E., & Maloney, C. (2020). COVID–19 in Assisted Living Facili - ties. United States of America Congress, 1–14. https://www.warren.senate.gov/imo media/doc/Assisted%20Living%20Facilities %20Staff%20Report.pdf. Zimmerman, S., Sloane, P. D., Katz, P. R., Kunze, M., O’Neil, K., & Resnick, B. (2020). The Need to Include Assisted Living in Respond - ing to the COVID–19 Pandemic. Journal of the American Medical Directors Associa- tion, 21(5), 572–575. https://doi.org/10.1016/ j.jamda.2020.03.024. COST ESTIMATE 1. Costs or Savings to State Agencies: No fiscal impact. 2.

Costs to Local Agencies or School Districts Which Must Be Reimbursed in Accordance with Government Code Sections 17500–17630: None. 3. Nondiscretionary Costs or Savings to Local Agencies: No fiscal impact. 4. Federal Funding to State Agencies: No fiscal impact. LOCAL MANDATE STATEMENT These regulations do impose a mandate upon CDSS licensed facilities operated by local public agencies. The mandate is not required to be reimbursed pur - suant to

Part 7 (commencing with

Section 17500) of Division 4 of the Government Code or

Section 6 of

Article XIII B of the California Constitution. STATEMENT OF SIGNIFICANT ADVERSE ECONOMIC IMPACT ON BUSINESS The CDSS has made an initial determination that the proposed action will not have a significant, state - wide adverse economic impact directly affecting busi- nesses, including the ability of California businesses to compete with businesses in other states.

This deter- mination was made based on the fact that the chang - es presented in these regulations expand upon exist - ing infection control requirements only for facilities licensed by CDSS and will not have any impact on businesses or the state economy. STATEMENT OF POTENTIAL COST IMPACT ON PRIVATE PERSONS OR BUSINESSES CDSS is not aware of any cost impacts that a repre- sentative private person or business would necessari - ly incur in reasonable compliance with the proposed action.

SMALL BUSINESS IMPACT STATEMENT CDSS has determined that there is no impact on small businesses as a result of filing these regulations because these regulations are only applicable to facili- ties licensed by CDSS state and county agencies. STATEMENT OF RESULTS OF ECONOMIC IMPACT ASSESSMENT The adoption of the proposed amendments will nei- ther create nor eliminate jobs in the State of California. Additionally, the proposed amendments will neither

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 160 create nor eliminate existing businesses within the State of California. Nor will these proposed amend - ments expand or eliminate businesses within the State of California. The proposed regulations include changes to adult and senior care regulations by adopt- ing health and safety standards which will ensure the safety of persons in care and staff in licensed facilities. In addition, the proposed regulations make technical, conforming changes, such as adding and renumber - ing of sections and amending cross references as necessary.

The benefits of the regulatory action to the health and welfare of California residents, worker safety, and the state’s environment are as follows: These emer - gency regulations ensure CDSS aids and protects the health and safety of vulnerable individuals in licensed care facilities from communicable diseases, such as the COVID–19 pandemic.

These emergency regula- tions will keep the state’s vulnerable population in community care safe, as this population relies on care and supervision from licensees and staff who are re - sponsible for the health and safety provisions associat- ed with operating a licensed facility. Requiring infec - tion control practices that prevent, mitigate, and con - tain communicable diseases, this will benefit persons in care, staff and the associated community. There are no anticipated benefits to the state’s environment.

STATEMENT OF EFFECT ON HOUSING COSTS The proposed regulatory action will have no effect on housing costs. STATEMENT OF ALTERNATIVES CONSIDERED In developing the regulatory action, CDSS was not presented with any other alternative for consideration.

CDSS must determine that no reasonable alterna - tive considered or that has otherwise been identified and brought to the attention of CDSS would be more effective in carrying out the purpose for which the reg- ulations are 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 im - plementing the statutory policy or other provision of law.

AUTHORITY AND REFERENCE CITATIONS CDSS adopts these regulations under the authori - ty granted in Sections 1530, 1569.30, 1569.31, and 1569.69, Health and Safety Code. Subject regulations implement and make specific Sections 1501, 1502, 1507, 1530, 1531, 1531.15, and 1569.69 of the Health and Safety Code. CDSS REPRESENTATIVE REGARDING THE RULEMAKING PROCESS OF THE PROPOSED REGULATION Contact Person: Everardo Vaca (916) 657–2586 Backup: Oliver Chu (916) 657–2586 EMERGENCY STATEMENT These regulations are to be adopted on an emergen- cy basis.

In order to allow interested persons an oppor- tunity to submit statements or arguments concerning these regulations, they will be considered at a public hearing in accordance with Government Code

section 11346.4.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR EMMERSON INVESTMENTS, INC., SELDOM SEEN RANCH SAFE HARBOR 2081–2022–001–01 SISKIYOU COUNTY California Department of Fish and Wildlife (CDFW) received a notice on February 4, 2022, that Emmerson Investments, Inc. (Landowner) proposes to rely on a federal safe harbor agreement to carry out a project that may provide a net conservation benefit for the Southern Oregon Northern California Coast (SONCC) coho salmon evolutionarily significant unit (ESU) (Oncorhynchus kisutch), a species protected by the California Endangered Species Act.

The proposed project involves routine agricultural activities im - plemented according to avoidance and minimization measures, as well as beneficial management actions such as increased water delivery and habitat improve- ments intended to provide conservation benefits to the SONCC coho salmon ESU in the Shasta River. The proposed project will occur on Seldom Seen Ranch, which is located north of Lake Shastina and west of Big Springs Road in Siskiyou County, California. The notice requested a CDFW determination pur - suant to California Fish and Game Code

Section 2089.22, that the template safe harbor agreement dat - ed February 24, 2021, the Site Plan Agreement dated November 3, 2020 and the enhancement of survival

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 161 permit number 23290 issued by the National Marine Fisheries Service to the Landowner on February 24, 2021, are consistent with the California State Safe Harbor Agreement Program Act (CSSHAPA) for pur- poses of the proposed Project. If CDFW determines the federal safe harbor agreement is consistent with CSSHAPA for the proposed Project, the Landowner will not be required to obtain a California state safe harbor agreement under Fish and Game Code

section 2089 for the Project. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON A FULLY PROTECTED SPECIES RESEARCH ON LIMESTONE SALAMANDER (Hydromantes brunus) The Department of Fish and Wildlife (Depart - ment) received a proposal on January 25, 2022, from Dr. Brian Halstead, requesting authorization to take the Limestone Salamander ( Hydromantes brunus ) (‘LISA ’) for scientific research purposes. The LISA is a Fully Protected amphibian and is also listed as Threatened under the California Endangered Species Act. The LISA is currently under review by the U.S.

Fish and Wildlife Service (Service) for possibly listing under the federal Endangered Species Act. The Ser - vice has contracted with the U.S. Geological Survey (USGS) to conduct surveys for the species to help in - form the Service’s listing decision. Dr. Halstead is a Research Wildlife Biologist with the USGS’s Western Ecological Research Station. He is currently in pos - session of research and recovery permits for numer - ous species of amphibians and reptiles listed under the federal and Endangered Species Act. Dr.

Halstead and colleagues have developed a sur - vey protocol to estimate occupancy across its putative range in Mariposa County that minimizes disturbance to individual LISA and their habitat. No invasive methods will be used. Visual encounter surveys will be undertaken, looking for surface–active LISA as well as those under cover objects (e.g., rocks, logs, de- bris). Capture, when necessary to verify identification, will be by hand. Photographs will serve as vouchers, and a subset of captured individuals will be sampled for disease by swabbing the skin and preserving the swabs for analysis in a lab.

The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) to authorize qualified professional wildlife research - ers, with Dr. Halstead as the Principal Investigator, to carry out the proposed activities. The researchers are also required to have a valid federal recovery permit for LiSA and a Scientific Collecting Permit to take other terrestrial species in California. Pursuant to California Fish and Game Code (FGC)

Section 5050(a)(1), the Department may authorize take of Fully Protected amphibian species after a 30 days’ notice has been provided to affected and inter - ested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 5050 for take of Fully Protected amphibians, it would issue the MOU on or after March 20, 2022, for an initial and renewable term of up to, but not to exceed, five years. Contact: Laura Patterson, Laura.Patterson@wildlife. ca.gov, 916–373–6633. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONSISTENCY DETERMINATION NUMBER 2080–2021–016–05 Project: 7 05 Mail Road, Lompoc, CA, 93436 ( Assessor’s Parcel Number ( APN) 099–210–055) Location: S anta Barbara County Applicant: H ines Family Investments, LLC Notifier: M organ Krapes, Flowers & A ssociates, Inc.

Background Hines Family Investments, LLC (Applicant) propos- es to develop a cannabis cultivation project (Project) on 5 acres of a 98.7–acre parcel (APN 099–210–055) located at 705 Mail Road, Lompoc, County of Santa Barbara, State of California, 93436 (Property). The Project includes the conversion and use of an active, historically cultivated farm and related support facil - ities including access roads, ancillary structures, and existing utilities present on site. Cultivation Areas The proposed cannabis cultivation will occupy ap - proximately 5 acres.

Approximately 3.5 acres of culti- vation are currently and have been historically farmed outdoors. Cultivation on the remaining 1.5 acres will take place in existing buildings and one new 2,820 square foot greenhouse. The outdoor cultivation site will be disked and tilled annually in accordance with organic agriculture practices. Most of the cultivation will be conducted using traditional organic methods with plants in the ground. In some cases, crop culti - vation may be conducted in grow pots or bags with

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 162 soil. Irrigation will be delivered via a drip irrigation system with an agronomic rate programmed to apply water to the extent that it is needed by the plants daily. Water will be supplied by the on–site well located in the southeastern portion of the cultivation site. Streams and Stream Setbacks The Project site contains an unnamed stream that runs west to east through the property and adjacent to the outdoor cultivation area (approximately 50 feet west of the cultivation area).

The stream is a tributary to Santa Rosa Creek and the Santa Ynez River. All cultivation activities will maintain a minimum set - back of 50 feet from the onsite unnamed stream. Agricultural Support Facilities/Structures Operation and maintenance activities will occur in the southern portion of the Property. In this area, ex - isting residences and buildings will be converted for cultivation purposes and water tanks, parking areas, composting, a solar array, and storage will also occur. In addition, a new 2,820 square–foot greenhouse will be developed.

Fencing and Lighting The eastern Property boundary is currently fenced with eight–foot–high wire mesh deer fencing that will remain (no new fencing is proposed). Landscape screening will be provided along the southern portion of the cultivation area and within the developed por - tion of the site. All security gates and access points will be fixed with motion–activated lights that are di - rected toward the ground. Access and Roadways The access road for the Project will occur from the eastern end of the Project site through Mail Road.

Ex- isting dirt access roads are present within the Project site and are designed, constructed, and maintained consistent with the Handbook for Forest, Ranch, and Rural Roads (Pacific Watershed Associates 2015) and Title 14,

Chapter 4 of the California Code of Regu- lations. No new access roads will be created for the Project. Federal Permit History In September 2019, the United States Fish and Wild- life Service (Service) approved a General Conserva - tion Plan for Cultivation Activities in Santa Barbara County, California (GCP). The GCP is a conservation plan as required in Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.)

section 10(a)(2)(

A) for issu- ance of an incidental take permit (federal ITP) pursu- ant to ESA

section 10(a)(1)(

B) for take of California tiger salamander ( Ambystoma californiense; CTS). These ESA provisions allow the Service to develop a 10(a)(1)(

B) conservation plan suitable for the needs of a local area, and then to issue individual permits to landowners who apply for a federal ITP and demon - strate compliance with the terms and conditions of the plan. The GCP therefore provides a federal ESA permitting mechanism for incidental take of CTS by private landowners engaged in horticulture activities. The Project is located in the Santa Rita CTS metapop- ulation identified in the GCP.

Anticipated Take of California Tiger Salamander The Project activities described above are expected to incidentally take 1 CTS where those activities take place within the 5–acre cultivation area of the 98.7– acre Project site.

In particular, CTS could be inciden - tally taken as a result of the development–related and long–term activities that include equipment access, staging, material storage, earth moving activities, ac - tive agricultural activities, operation and maintenance of structures, agricultural fields, infrastructure, irriga - tion and water management, vehicular traffic, security fencing and lighting, and increased human activities.

CTS is designated as an endangered species pursuant to the federal ESA and a threatened species pursuant to the California Endangered Species Act (CESA) (Fish & Game Code, § 2050 et seq.). (See Cal. Code Regs., title 14, § 670.5, subdivision (b)(3)(G).) Based on analysis and consultation with the Ser - vice, the addition of impermeable areas on site includ- ing the new green house and proposed cultivation in the northern portion of the site, would remove suitable dispersal habitat for CTS.

The Service determined that the species could occur within the Project site and that Project activities could result in the incidental take of CTS due to the proximity of the nearest known and potential CTS breeding ponds, CTS dispersal pat- terns, and the presence of suitable CTS dispersal hab - itat within the Project site. The Applicant applied for a federal ITP under the GCP for federal authorization to take CTS on the Project site. On March 29, 2021, the Service issued a federal ITP (Permit Number ESPER0004039) to the Applicant pursuant to the GCP.

The federal ITP describes the Project, requires the Applicant to comply with terms of the federal ITP and GCP, and incorporates addition- al measures. The federal ITP authorizes the take of CTS in the form of capture for up to ten individuals and injury or mortality for up to three individuals during Project construction. The Service calculated the value of the impact - ed habitat using the methodology outlined in Searcy 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”).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 163 and Shaffer (2008) 2 that included incorporating the amount of CTS aquatic breeding habitat and upland habitat on the Project site that will be impacted. The method described in Searcy and Shaffer (2008) attach- es a value to habitat that scales with the reproductive value of the individuals estimated to be occupying an area.

According to Searcy and Shaffer (2008), the re - productive value of a site is a function of: (1) distance from each known or potential breeding pond within dispersal distance of the site; and (2) land–use in the surrounding areas. The Service determined that the Project would con- sequently result in the loss of a reproductive value of up to 1,628 units as calculated in accordance with Searcy and Shaffer (2008). Compensatory mitigation is based on the loss of this reproductive value for CTS.

On December 28, 2021, the Director of the Califor - nia Department of Fish and Wildlife (CDFW) received a notice from Morgan Krapes of Flowers & Associ - ates, Inc. on behalf of William Hines, Hines Family Investments, LLC, requesting a determination pur - suant to Fish and Game Code

section 2080.1 that the federal ITP is consistent with CESA for purposes of the Project and CTS. (Cal. Reg. Notice Register 2022, Number 2–Z, page 28). Determination CDFW has determined that the federal ITP is con - sistent with CESA as to the Project and CTS because the mitigation measures contained in the federal ITP, and the GCP insofar as the federal ITP references and requires compliance with mitigation measures in the GCP, meet the conditions set forth in Fish and Game Code

section 2081, subdivisions (

b) and (c), for authorizing incidental take of CESA–listed species.

Specifically, CDFW finds that: (1) take of CTS will be incidental to an otherwise lawful activity; (2) the mitigation measures identified in the federal ITP, and the GCP insofar as the federal ITP references and re - quires compliance with mitigation measures in the GCP, will minimize and fully mitigate the impacts of the authorized take; (3) adequate funding is ensured to implement the required avoidance, minimization and mitigation measures and to monitor compliance with, and effectiveness of, those measures; and (4) the Project will not jeopardize the continued existence of CTS.

The mitigation measures in the federal ITP, and the GCP insofar as the federal ITP references and re - quires compliance with the GCP, include, but are not limited to, the following: Avoidance, Minimization, and Mitigation Measures 1. Prior to the commencement of any activity that could result in take of CTS, the Applicant will 2 Searcy, C. A. and H. B. Shaffer. 2008 Calculating biologically accurate mitigation credits: insights from the California tiger sal - amander. Conservation Biology 22: 997–1005. demonstrate that two mitigation credits have been purchased from the La Purisima Conservation Bank.

Proposed Project impacts result in a loss of reproductive value of 1,628 units using the cal- culation method described in Searcy and Shaffer (2008). Using the same calculation method, one credit at the La Purisima Conservation Bank has a reproductive value of approximately 850 units. Therefore, the purchase of two credits will offset the impacts resulting from the Project. 1.1 Although not a condition of the federal ITP, CDFW requests a copy of the documenta - tion of the credit purchase at La Purisima Conservation Bank. 2.

During the Project planning phase, the Applicant will site all impacts as far away from known and potential CTS breeding habitats as possible and will avoid high quality upland and dispersal hab - itat as much as possible. 3. At least 15 days prior to ground–disturbing ac - tivities, the Applicant will submit the names and credentials of biologists and monitors to the Ser - vice for approval to conduct the minimization measures outlined below.

Excluding an emergen- cy activity, no Project activities will begin until the Applicant has received notice from the Ser - vice that the biologists and monitors are approved to do the work. The Service–approved biologist(

s) will notify the Ventura Fish and Wildlife Office of their intent to conduct any monitoring events within 48 hours of commencing the activity. 3.1 Although not a condition of the federal ITP, CDFW requests that Applicant submits the names and credentials of proposed biolo - gists and monitors to CDFW at least 15 days prior to ground–disturbing activities. 4. A Service–approved biologist will conduct a biological resources training program for all construction workers and their contractors to minimize potential impacts to CTS and sensi - tive habitat.

Training will occur prior to initial ground–disturbing activities and be repeated annually and as needed for new workers for the duration of each Project activity. The training program will be reviewed and approved by the Service and will include a description of: (1) im - portant biological resources within the Project site, specifically CTS that have potential to occur within or adjacent to work areas; (2) the appli - cable avoidance and minimization measures; (3) the roles and responsibilities of personnel; and (4) communication protocols if CTS are detected. 5.

A Service–approved biologist will periodically review and monitor ground–disturbing activities and restoration efforts and will be responsible for

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 164 ensuring that conditions of approval are being enforced and that success criteria are being met. Except for emergency situations, a Service– approved biologist will have the authority to tem- porarily halt activities if permit requirements and conditions are not being met. 6. Prior to ground–disturbing activities, all grading limits and construction boundaries, including staging areas, parking, and stockpile areas, will be delineated, and clearly marked in the field.

All suitable CTS habitat located within ten feet of ground–disturbing activities will be delineated with specific sensitive species labeling (e.g., per- manent signage stating, “No Entry — Sensitive Habitat.”). A service–approved biologist(

s) will work with the Service to identify these areas. 7. All proposed linear routes (i.e., roads and pipe - lines) will be reviewed and modified, if neces - sary, in the field to minimize impacts to the CTS with assistance by the on–site biologist or envi - ronmental monitor. 8. Personnel will limit their vehicle use to existing routes of travel. Travelling off designated roads will be prohibited unless access is determined critical for a particular activity and the route has been flagged to avoid or minimize adverse ef - fects.

To minimize the potential for road mortal - ity of CTS, nighttime traffic will be minimized during the ground–disturbing phase to the extent feasible; all hauling activities within habitat for CTS will be restricted to daylight hours, defined as the hours after sunrise and before sunset. 9. Except in areas with posted speed limits greater than 10 miles–per–hour, Project–related vehicle speeds will not exceed 10 miles–per–hour when driving within CTS habitat. 10. Prior to moving vehicles or equipment, person - nel will look under the vehicles or equipment for CTS.

If CTS or any other wildlife species is ob - served, the vehicle will not be moved until the an- imal has vacated the area on its own accord or has been relocated out of harm’s way in accordance with Measures 12–14. 11. A Service–approved biologist will conduct pre– activity surveys of CTS habitat within Project disturbance boundaries immediately prior to the onset of any ground disturbance associated with the Project to determine if any CTS individuals are present, and to refine the final habitat miti - gation acreages.

The Service–approved biologist will monitor ground–disturbing activities in the vicinity of habitats to be avoided. Upon comple - tion of initial ground disturbance, the biologist or monitor will periodically (minimum twice per week) visit the Project site throughout the ground–disturbing period to ensure that impacts to the Project site are in compliance with the per- mit. After periods of rain, a Service–approved biologist will conduct daily pre–activity surveys to ensure no CTS have migrated into the work area prior to ground–disturbing activities resum - ing.

No construction work will be initiated until a Service–approved biologist determines that the work area is clear of CTS. Should any CTS be observed within harm’s way, the animal will be allowed to vacate the area on its own accord or be relocated in accordance with Measures 12–14. 12. Any CTS or individual of other wildlife species will be allowed to vacate the Project areas on its own accord under the observation of a Ser - vice–approved biologist.

If any CTS or other wildlife species does not relocate on its own, or if it is in harm’s way, it will be relocated out of harm’s way to nearby suitable habitat, similar to that in which it was found, and outside the Proj - ect area. Only a Service–approved biologist will relocate CTS. The biologists conducting relo - cation activities will follow the Declining Am - phibian Task Force Fieldwork Code of Practice: https://www.fws.gov/southwest/es/NewMexico/ documents/SP/Declining_Amphibian_Task_ ForceFieldwork_Code_of_Practice.pdf. 13.

A Service–approved biologist will relocate any CTS found within the Project footprint to an ac - tive rodent burrow system located no more than 300 feet outside of the Project area unless oth - erwise approved by the Service. The individuals will be handled with clean and wet hands. During relocation they will be placed in a clean, cov - ered plastic container with a wet non–cellulose sponge. Captured individuals will be relocated immediately; individuals will not be stored for lengthy periods or in heated areas. The relocation container will be kept out of direct sunlight. 14.

A Service–approved biologist will monitor relo - cated CTS until they enter a burrow and are con - cealed underground or otherwise deemed safe in the relocation area by the biologist. Relocation areas will be identified by the Service–approved biologist based on the best suitable habitat avail - able. The Service–approved biologist will docu- ment both the capture site and the relocation site by photographs and GPS positions. The CTS will be photographed and measured (snout–vent) for identification purposes prior to relocation.

All documentation will be provided to the Service within 24 hours of relocation. 14.1 A lthough not a condition of the federal ITP, CDFW requests that the Applicant provides

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 165 copies of the translocation and monitoring reports to CDFW. 15. Rodent burrows within the Project areas that overlap CTS habitat will be excavated by a Service–approved biologist using hand tools un - til it is certain that the burrows are unoccupied. In lieu of burrow excavation, steel plates or ply - wood may also be used to protect small mammal burrows from ground disturbance. Plates and plywood will be removed nightly and will be re - moved if work is scheduled to cease for consec - utive days.

Any individual CTS that are encoun - tered will be allowed to vacate the area on their own accord or be relocated out of harm’s way in accordance with Measures 12–14. 16. Exclusionary silt fencing (or other suitable fenc - ing material) will be installed at the discretion of a Service–approved biologist to minimize the po- tential for CTS to enter the worksite. Exclusion - ary fencing will be maintained for the duration of the Project. If a CTS or other wildlife species is observed within an enclosed worksite, a portion of the fencing will be removed to allow the indi - vidual to vacate the area on its own.

Alternative - ly, the animal may be relocated out of harm’s way in accordance with Measures 12–14. 17. All construction and sediment control fencing will be inspected each workday during construc - tion activities to ensure they are functioning properly. 18. Steep–walled excavations (e.g., trenches) that may act as pitfall traps will be inspected for wild- life at least once per day and immediately before backfilling. In lieu of daily inspections (week - ends, etc.), exclusionary fencing, covers, ramps, or similar measures will be used to prevent wild - life entrapment. 19.

Open pipe segments will be capped or sealed with tape (or equivalent material) nightly, or otherwise stored at least three feet above ground. Should a pipe segment become occupied by a CTS or any other wildlife species, the animal will be allowed to vacate the pipe on its own or will be removed and relocated in accordance with Measures 12–14. 20. If activities must occur during the rainy season, the Applicant will not work during rain events, 48 hours prior to significant rain events (>0.5 inch), or during the 48 hours after significant rain events, to the extent practicable.

If work must oc- cur 48 hours prior to significant rain events (>0.5 inch), or during the 48 hours after these events, a Service–approved biologist will conduct a pre– activity survey to ensure that the work area is clear (refer to Measure 10 above). 21. The Applicant will ensure that all staging areas, equipment storage areas, stockpile sites, and re - fueling areas are located at least 100 feet from surface water bodies and wetland habitats to minimize the potential for contaminant release into surface water or wetland habitat.

In lieu of the 100–foot buffer, secondary containment mea- sures may be employed to prevent contamination of soil and water. 22. When working in areas with a predominance of native plants, the upper layer of topsoil material (six inches) will be retained during excavations to preserve the seed bank. The preserved topsoil will be covered to protect it from erosion and in - vasion of non–native plants until completion of the activity, when the topsoil will be replaced in the affected area. Existing access roads are not subject to this measure. 23.

To the extent feasible, disturbed areas will be restored and stabilized to reflect pre–existing contours and gradients to the extent practicable. Erosion and sediment controls (e.g., silt fences, fiber rolls, sandbags) will be installed, where nec- essary, using weed–free materials in areas with a predominance of native plants. Where necessary, restored areas will be maintained and monitored, including weed removal (focused on noxious weeds excluding nonnative annual grasses).

All planting and seeding will occur the first year after construction is complete, after the first significant rain event of the year (i.e., more than 0.25 inch of precipitation). 24. Upon locating CTS individuals that may be dead or injured as a result of Project–related activities, the Applicant will notify the Service’s Ventura Field Office at (805) 644–1766 within 72 hours.

Monitoring and Reporting Measures Annual Reports: By March 31 following each year of federal ITP issuance and Project implementation, Applicant will submit a report to the Ventura Fish and Wildlife Office to document the status of the Project. The reports will be sent to the Ventura Fish and Wild- life Office by email at sbc–cultivationgcp@fws.gov.

Section 5 of the GCP details the information that is required in the annual reports. Project Completion Report: Once Applicant com - pletes activities covered by the federal ITP, the Appli- cant will notify the Ventura Fish and Wildlife Office that they have completed all covered activities and mitigation measures and provide a final report to the Ventura Fish and Wildlife Office; subsequent annual compliance reports will not be necessary thereafter unless take of a listed species occurs or a changed or unforeseen circumstance occurs.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 166 Although not a condition of the federal ITP, CDFW requests copies of the annual reports and Project completion report. Security As set forth in Avoidance, Minimization and Mon - itoring Measure Number1 above, prior to the com - mencement of any activity that could result in take of CTS, the Applicant will demonstrate that two mitiga - tion credits have been purchased from the La Purisima Conservation Bank. Because mitigation credits will be purchased before activities that could take CTS commence, a security is not required.

Although not a condition of the federal ITP, CDFW requests a copy of the documentation of the credit purchase at La Purisima Conservation Bank. Pursuant to Fish and Game Code

section 2080.1, take authorization under CESA is not required for the Project for incidental take of CTS, provided the Ap - plicant implements the Project as described in the fed- eral ITP and associated GCP, including adherence to all measures contained therein, and complies with the mitigation measures and other conditions described in the federal ITP and GCP, insofar as the federal ITP references and requires compliance with mitigation measures in the GCP.

If there are any substantive changes to the Project, including changes to the miti - gation measures, or if the Service amends or replaces the federal ITP and GCP, the Applicant shall be re - quired to obtain a new consistency determination or a CESA incidental take permit for the Project from CDFW. (See generally Fish & Game Code, §§ 2080.1, 2081, subds. (

b) and (c).) CDFW’s determination that the federal ITP is con - sistent with CESA is limited to CTS. NOTICE OF DECISION NOT TO PROCEED BOARD OF ACCOUNTANCY Pursuant to California Government Code

Section 11347 RE: SALE, TRANSFER, OR DISCONTINUANCE OF LICENSEE’S PRACTICE Pursuant to California Government Code

section 11347, the California Board of Accountancy (CBA) hereby gives notice that it has decided not to proceed with the rulemaking action published in the Office of Administrative Law (OAL) California Regulatory No- tice Register on July 30, 2021, Register 2021, Number 31–Z. The proposed rulemaking concerned the Sale, Transfer, or Discontinuance of Licensee’s Practice (OAL Notice File Number Z2021–0720–02). Any interested person with questions concerning this rulemaking should contact Dominic Franzella at (916) 561–4310 or by email at Regulations@cba. ca.gov.

The CBA will also post this Notice of Decision Not to Proceed on its website at https://www.dca.ca.gov/ cba/about–cba/pending–regs.shtml.

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

Summary of Regulatory Actions lists regula- tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. Board of Education File # 2022–0125–04 Physical Fitness Test This emergency action eliminates the Body Composition subtest of the California Physical Fitness Test. The action also defines the term “results” as used in Education Code

section 60800(b), (c) & (d). Title 05 Amend: 1040 Filed 02/04/2022 Effective 02/04/2022 Agency Contact: Lori Adame ( 916) 319–0860 Department of Social Services File # 2022–0126–02 CCL Adult and Senior Care Facilities: Infection C ontrol Requirements This emergency action by the Department of Social Services adopts and amends requirements for licensed community care facilities to have a specific infec - tion control plan to be included in their plan of oper - ation that will be approved by the Community Care Licensing (CCL) Division of CDSS. The infection control plan shall include training requirements, des - ignated staff lead for infection control, and documen - tation requirements.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 167 Title 22, MPP Adopt: 81095.5, 82095.5, 85092.7, 85095.5, 87470, 87895.5 Amend: 80022, 80065, 80092, 81001, 81022, 81065, 81092.7, 82001, 82022, 82065, 82092.7, 85022, 85075.1, 85090 renumbered to 85096, 85090.1 renumbered to 85096.1, 85090.2 re- numbered to 85096.2, 85091 renumbered 85097, 85091.1 renumbered to 85097.1, 85091.2 renum- bered to 85097.2, 85091.3 renumbered to 85097.3, 85091.4 renumbered to 85097.4, 85092 renum- bered to 85098, 85093 renumbered to 85099, 87101, 87208, 87411, 87465, 87629, 87822, and 87865 Repeal: 80092.7 Filed 02/07/2022 Effective 02/07/2022 Agency Contact: Everardo Vaca ( 916) 657–2363 Department of Resources Recycling and Recovery File # 2022–0125–05 Pilot Project Program This emergency rulemaking action by the Depart- ment of Resources Recycling and Recovery readopts the changes approved in OAL File Number 2019– 0322–01E.

This action also adopts a new supplemental application process to allow for the expansion of an approved pilot project area in the California Beverage Container Recycling Program codified in Public Resources Code

section 14571.9 and updates pilot project program requirements to align with recent statutory changes. Title 14 Adopt: 2750, 2752, 2754, 2756, 2758, 2759, 2760, 2762, 2764, 2766, 2768, 2770, 2772, 2774, 2776, 2778 Filed 02/04/2022 Effective 02/04/2022 Agency Contact: B enjamin Grimes ( 916) 341–6365 California Department of Tax and Fee A dministration File # 2021–1223–02 Tax Paid Twice on Diesel Fuel This rulemaking action amends regulations relat - ing to the tax paid twice on diesel fuel and is exempt from the Administrative Procedure Act pursuant to Government Code

section 15570.40(b). Title 18 Amend: 1435 Filed 02/03/2022 Effective 02/03/2022 Agency Contact: Kim DeArte ( 916) 309–5227 Board of Forestry and Fire Protection File # 2021–1028–04 Fire Risk Reduction Community List This action by the Board of Forestry and Fire Protection (BOFFP) adopts criteria for determining eligibility for placement on the Fire Risk Reduction Community List. Public Resources Code

Section 4290.1 requires that BOFFP develop criteria for and maintain a list of Local Agencies located in a State Responsibility Area or Very High Fire Hazard Severity Zone which meet best practices for local fire planning.

Title 14 Adopt: 1268.00, 1268.01, 1268.02, 1268.03, 1268.04 Filed 02/07/2022 Effective 02/07/2022 Agency Contact: Claire McCoy ( 916) 531–8600 Board of Registered Nursing File # 2021–1229–03 Nurse Practitioner Education This action by the Board of Registered Nursing adds language to clarify that it is acceptable for a nurse practitioner education program to exceed the mini - mum requirement of 500 clinical hours.

Title 16 Amend: 1484 Filed 02/08/2022 Effective 04/01/2022 Agency Contact: E von Lenerd Tapps Evon.Lenerd@DCA.CA.Gov Bureau of Security and Investigative Services File # 2021–1228–02 Private Investigator Fees This rulemaking action amends various fees for pri- vate investigator applications, licenses, and renewals, and fees for firearms permits and renewals, to align with recent statutory changes. This action also estab - lishes a fee for enhanced photo identification cards.

Title 16 Amend: 639 Filed 02/09/2022 Effective 04/01/2022 Agency Contact: Karissa Huestis ( 279) 895–1247 California Gambling Control Commission File # 2021–1227–04 AB 120 Hearings Update This rulemaking action by the California Gambling Control Commission (Commission) makes changes to the Commission’s review of applications pursuant to Statutes 2021,

chapter 45 (AB 120).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 7-Z 168 Title 04 Amend: 12002, 12006, 12012, 12015, 12035, 12052, 12054, 12056, 12057, 12060, 12066, 12134 Filed 02/08/2022 Effective 04/01/2022 Agency Contact: Josh Rosenstein ( 916) 274–5823 Department of Public Health File # 2022–0106–01 Lead Dust Standard Update This action amends

section 35035 of Title 17 of the California Code of Regulations to conform it to the most recent U.S. EPA standards for lead– contaminated dust for interior floor and horizontal surfaces.

Title 17 Amend: 35035 Filed 02/02/2022 Effective 02/02/2022 Agency Contact: David Martin ( 916) 440–7673 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter. For additional information on actions taken by OAL, please visit www.oal.ca.gov.